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SMALL BUSINESS
Anthracite Capital Defaults on Unsecured Debt Payment
Business Wire
An event of default has occurred with respect to $79.25 million
aggregate principal amount of three series of senior notes of Anthracite
Capital, Inc. (NYSE:AHR) (the "Company" or "Anthracite") as the Company
did not cure within 30 days its previously announced default on interest
payments due October 30, 2009 (approximately $1.6 million). Under the
indentures governing these senior notes, the failure to make an interest
payment within a 30-day cure period after it is due constitutes an event
of default. The senior notes the Company defaulted on are its
outstanding $13.75 million aggregate principal amount of 7.22% senior
notes due 2016, $28 million aggregate principal amount of
7.772%-to-floating rate senior notes due 2017 and $37.5 million
aggregate principal amount of 8.1275%-to-floating rate senior notes due
2017.
While the events of default are continuing, the trustee or the holders
of at least 25% in aggregate principal amount of any of the three series
of the outstanding senior notes may, by a written notice to the Company,
declare the principal amount of such series of senior notes to be
immediately due and payable. As of the time of this release, the Company
has not received any written notice of acceleration of the senior notes.
The events of default have triggered cross-default provisions in the
Company’s secured bank facilities and its credit facility with BlackRock
Holdco 2, Inc. and, if any debt were accelerated, would trigger a
cross-acceleration provision in the Company’s convertible notes
indenture. If acceleration were to occur, the Company would not have
sufficient liquid assets available to repay such indebtedness and,
unless the Company were able to obtain additional capital resources or
waivers, the Company would be unable to continue to fund its operations
or continue its business.
One of the Company's secured bank lenders, Deutsche Bank, whose loans to
the Company were made under a repurchase agreement, has informally
indicated to the Company that it intends to exercise its remedy of
taking the collateral under the repurchase agreement. Under the
repurchase agreement, Deutsche Bank must give the Company at least five
business days' written notice before it may exercise this remedy. As of
the time of this release, the Company has not received any such written
notice from Deutsche Bank. Approximately $58 million principal amount of
indebtedness remains outstanding under the Company’s repurchase facility
with Deutsche Bank.
The Company is discussing the events of default and situation with
certain of its creditors, but there can be no assurance that such
discussions will result in the continuing operations of the Company.
Currently, the cash flows from substantially all of the Company’s assets
are being diverted to a cash management account for the benefit of the
Company’s secured bank lenders due to the continuation of the Company’s
default on amortization payments required under such secured bank
facilities.
Management’s assessment of the Company’s liabilities and the current
market value of the Company’s assets suggests that, in the event of a
reorganization or liquidation of the Company in the near term,
shareholders would not receive any value and the value received by the
Company’s unsecured creditors would be minimal.
Forward-Looking Statements
This release, and other statements that Anthracite may make, may contain
forward-looking statements within the meaning of the Private Securities
Litigation Reform Act of 1995, with respect to Anthracite's future
financial or business performance, strategies or expectations.
Forward-looking statements are typically identified by words or phrases
such as "trend," "potential," "opportunity," "pipeline," "believe,"
"comfortable," "expect," "anticipate," "current," "intention,"
"estimate," "position," "assume," "outlook," "continue," "remain,"
"maintain," "sustain," "seek," "achieve," and similar expressions, or
future or conditional verbs such as "will," "would," "should," "could,"
"may" or similar expressions.
Anthracite cautions that forward-looking statements are subject to
numerous assumptions, risks and uncertainties, which change over time.
Forward-looking statements speak only as of the date they are made, and
Anthracite assumes no duty to and does not undertake to update
forward-looking statements. Actual results could differ materially from
those anticipated in forward-looking statements and future results could
differ materially from historical performance.
In addition to factors previously disclosed in Anthracite's SEC reports
and those identified elsewhere in this release, the following factors,
among others, could cause actual results to differ materially from
forward-looking statements or historical performance: (1) as a result of
its liquidity position, current commercial real estate market conditions
and the uncertainty relating to its ability to meet covenants in
restructured agreements, substantial doubt about the Company's ability
to continue as a going concern; (2)the Company's ability to meet its
liquidity requirements to continue to fund its operations, including its
ability to renew its existing secured credit facilities or obtain
additional sources of financing, to meet amortization payments under the
facilities and to service debt (including interest payment obligations
not paid when originally due); (3) the Company's ability to obtain
amendments and waivers in the event that a secured bank lender
terminates a facility before the maturity date or events of default
occur under the Company's debt obligations due to a covenant breach or
otherwise; (4) the Company's ability to maintain listing on the NYSE;
(5) the introduction, withdrawal, success and timing of business
initiatives and strategies; (6) changes in political, economic or
industry conditions, the interest rate environment, financial and
capital markets or otherwise, which could result in changes in the value
of the Company's assets and liabilities, including net realized and
unrealized gains or losses, and could adversely affect the Company's
operating results; (7) the relative and absolute investment performance
and operations of BlackRock Financial Management, Inc. (the
''Manager''), the Company's Manager; (8) the impact of increased
competition; (9) the impact of future acquisitions or divestitures; (10)
the unfavorable resolution of legal proceedings; (11) the impact of
legislative and regulatory actions and reforms and regulatory,
supervisory or enforcement actions of government agencies relating to
the Company or the Manager; (12) terrorist activities and international
hostilities, which may adversely affect the general economy, domestic
and global financial and capital markets, specific industries, and the
Company; (13) the ability of the Manager to attract and retain highly
talented professionals; (14) fluctuations in foreign currency exchange
rates; and (15) the impact of changes to tax legislation and, generally,
the tax position of the Company.
Anthracite's Annual Report on Form 10-K for the year ended December 31,
2008 and Anthracite's subsequent filings with the SEC, including its
Quarterly Report on Form 10-Q/A for the quarter ended June 30, 2009,
which are accessible on the SEC's website at
www.sec.gov,
identify additional factors that can affect forward-looking statements.
To learn more about Anthracite, visit our website at
www.anthracitecapital.com.
The information contained on the Company's website is not a part of this
release.
Copyright Business Wire 2009
2009-12-01 07:00:00
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