This podcast covers topics such as the bankruptcy filing of Riverbed Technology and the challenges faced by the Chilean hydroelectric project, Alto Maipo. It also discusses debt reduction through strategic partnerships, trends in middle market DIP financing, private equity funds acquiring abandoned oil company assets, challenges faced by an oil refinery on St. Croix, and the differences between mega cases and middle market cases in the bankruptcy market. The speakers also share their predictions for the next 12 months in the market.
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Quick takeaways
Middle-market companies face challenges due to thin capitalization and lack of hard assets compared to larger companies, leading to increased use of Chapter 11 for sale processes instead of reorganizations.
Chilean hydroelectric dam project, Ultimypo, filed for Chapter 11 protection due to a liquidity crisis and supply and demand factors in the energy market, outlining its restructuring support agreement and upcoming dip hearing.
Lawsuits by healthcare providers challenge the interim rules connected to the No Surprise Act, arguing inconsistency with the statute's intent and highlighting bipartisan support for amending the rules.
Deep dives
Bankruptcies in the Middle Market: Trends and Financing Terms
This podcast episode explores the recent trends in middle-market distress, with a focus on dip structures and financing terms. The discussion highlights the challenges faced by middle-market companies, which are often thinly capitalized and lack sufficient hard assets compared to larger companies. The panelists discuss the increased use of Chapter 11 as a tool for sale processes rather than traditional reorganizations. They also examine the differences in dip lenders between middle-market and mega cases, with middle-market cases typically involving BDCs, family offices, and key customers, while mega cases often attract Money Center Banks and well-capitalized hedge funds. The panelists analyze pricing trends, including roll-up ratios, interest rates, and dip tenures, noting the impact of COVID-19 on these factors. Additionally, they discuss the potential impact on trade creditors, highlighting the higher fees associated with dip financing and the potential decrease in cash recovery for unsecured trade creditors.
Chilean Hydroelectric Dam Project Files for Chapter 11
The podcast discusses the bankruptcy filing of the Chilean hydroelectric dam project, Ultimypo. The project, which is 99% complete, filed for Chapter 11 protection due to a liquidity crisis and supply and demand factors in the Chilean energy market. The debtor has a restructuring support agreement with secured lenders, secured claimholders, and its construction contractor, as well as commitments from other secured creditors to join the agreement. The post-effective date capital structure is outlined, including exit facilities, senior loans, secured loans, and inter-company payments. The podcast highlights the ongoing discussions with secured creditors and the upcoming dip hearing scheduled for November 22nd.
Lawsuits Challenge Implementation of No Surprise Act
The podcast explores two lawsuits filed by trade groups representing healthcare providers against the Department of Health and Human Services, the Department of the Treasury, and the Department of Labor. The lawsuits challenge the interim final rule part 1 and part 2 released in connection with the No Surprise Act, which aims to prevent patients from receiving surprise medical bills. The litigants argue that the rules stipulating the qualifying payment amount and its presumptive appropriateness are inconsistent with the statute's intent. The podcast highlights the bipartisan support for amending the interim rule to align with the legislation and the opposition and support from lawmakers and organizations.
Dip lenders in middle market cases differ from mega cases
In middle market bankruptcy cases, the dip lender is often the pre-petition secured creditor or the sponsor with defensive or offensive interests. This is in contrast to mega cases where the dip lender may be a hedge fund or other external entity. The choice of dip lender in middle market cases is driven by specific facts and circumstances of the case, such as the lack of equity cushion in the asset base. Pricing, fees, and tenor of the loan also differ between middle market and mega cases.
Value of assets and uniqueness of trade impact dip terms
The value of assets and the uniqueness of trade play a significant role in determining dip terms in bankruptcy cases. Companies with valuable assets and exclusive trade contracts have more leverage in negotiations. They may negotiate reduced cure amounts with vendors whose contracts are being assumed. However, trade creditors in smaller cases often face preference claims, adding to their losses. The long-term impact of the pandemic on commercial real estate, particularly office spaces, may lead to an increase in future bankruptcy filings.
On this week's Americas Core Credit podcast our experts discuss Riverbed Technology, Chilean Hydroelectric project Alto Maipo and the healthcare sector as well as replay a recent Reorg webinar discussing middle market DIP financings.
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