Dive into the recent legislative changes in bankruptcy and wildfire recovery, including PG&E's recovery bonds. Discover the drama in the First Energy Solutions hearing, marked by union objections. Learn about Bristow’s conditional approval for a $150 million dip facility. Explore Judge Swain’s legal battles in Puerto Rico and new governance strategies. Delve into the complexities of EBITDA calculations, showcasing how adbacks shape financial health and performance in real-world cases like WeWork.
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Quick takeaways
Proposed legislation allows PG&E to use wildfire recovery bonds, shifting financial responsibility for wildfire compensation to corporate profits.
The podcast highlights how adjusted EBITDA calculations can obscure financial realities, potentially misleading investors about a company's operational health.
Deep dives
PG&E Wildfire Recovery Bonds Legislation
Legislation proposed allows PG&E to access wildfire recovery bonds, aiming to protect ratepayers from the financial burden associated with wildfire compensation. The draft, which amends AB235, emphasizes that corporate profits should bear the cost of compensating wildfire victims from the 2017 and 2018 incidents. A two-track confirmation process has been outlined by Judge Montali to address the trust for wildfire claims and the timeline for the debtor's plan implementation. The recommended judicial involvement in estimation procedures indicates ongoing complexity in resolving claims stemming from catastrophic events.
First Energy Solutions Confirmation Hearing
During the confirmation hearing for First Energy Solutions, Judge Kostchick sustained union objections to the current plan due to unresolved issues concerning collective bargaining agreements (CBAs). The judge emphasized that the plan could not be confirmed as drafted, as CBAs are pivotal contractual obligations that must be addressed in the confirmation process. He suggested that either the debtors assume revised CBAs or move to reject them, reinforcing the need for compliance with Section 365 of the bankruptcy code regarding executive contracts. The case highlights the intricate negotiation dynamics between unions and debtors during bankruptcy proceedings.
Emerging Trends in EBITDA and Cash Flow Metrics
The podcast discusses the growing significance of various EBITDA calculations and their implications for corporate reporting and debt covenants. A case study of Excel Technologies illustrates how adjusted EBITDA figures can mask financial realities, emphasizing the distinction between reported figures and actual cash flow. The analysis reveals that companies often use adjusted metrics to enhance their financial appearance, which can mislead investors about their true operational health. As the conversation shifts to broader trends, the substantial adbacks seen in companies like WeWork highlight the potential for inflated financial metrics in the pursuit of favorable credit conditions.
The Reorg Americas team takes a look back at the past week and previews what's to come in the week ahead, and our financial and covenant analysts look at allowed addbacks to EBITDA.
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