This podcast discusses voting cap restrictions and their impact on a company or credit's financial covenants. They explore the unique voting cap provision in Ancestry's high yield issuance and how it limits the percentage of notes an individual can vote on. They also discuss how issuers have the power to expand or raise the cap without further consent. The podcast delves into the technique of voting cap restrictions used by issuers to have power over decision-making through voting, and the potential influence of ownership percentages and net short holders on voting rights.
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Quick takeaways
Judge David Jones expressed concern over the disparity in recoveries for unsecured classes during the Chesapeake confirmation hearing, highlighting the differences in valuation between Chesapeake and comparable companies.
The Puerto Rico Electric Power Authority (PREPA) approved a renewed interagency agreement with the PREPA Revitalization Corp, aiming to execute a debt restructuring plan through a securitization mechanism, which could significantly address Puerto Rico's debt.
Deep dives
Chesapeake confirmation hearing raises concerns over disparate recoveries
During the Chesapeake confirmation hearing, Judge David Jones expressed concern over the disparity in recoveries for unsecured classes. The hearing highlighted the differences in valuation between Chesapeake and comparable companies, raising doubts about the debtors' plan. Testimony from Chesapeake's CEO and CFO shed light on liability management transactions, RSA negotiations, and other aspects of the company's financial situation. The judge emphasized that the separate treatment and recovery of Class 6 unsecured notes claims and Class 7 general unsecured claims presented a significant challenge.
Malincrot faces bankruptcy risk after judge denies payment to ad hoc groups
Malincrot debtors could face a free fall bankruptcy after a judge denied their motion to pay fees and costs to unsecured ad hoc groups involved in the RSA. The ruling stated that the debtors must seek to assume the RSA as a pre-petitioned executive contract before justifying payment of post-petition expenses. The judge noted opposition from creditor groups, including first-line lenders, and urged the debtors to address the issue of separate treatment and recovery in their plan. The ruling allows the debtors to file a motion to assume the RSA or seek approval of a post-petitioned reimbursement agreement.
PREPA approves interagency agreement for debt restructuring in Puerto Rico
The Puerto Rico Electric Power Authority (PREPA) governing board approved the renewal of an interagency agreement with the PREPA Revitalization Corp to execute a debt restructuring plan through a securitization mechanism. This move aims to cut down on time and costs associated with the restructuring process. PREPA management believes that using the existing Revitalization Corp could be necessary for the ultimate resolution of Title III. The Puerto Rico Oversight Board has resumed discussions with creditors to complete the Commonwealth and PREPA debt restructuring in 2021, marking significant progress in addressing Puerto Rico's debt.
The Americas Core Credit team previews what’s to come in the week ahead and takes a deep dive into voting cap restrictions with regards to a company or credit’s financial covenants.
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