Apex Silver Provides an Update Regarding the Company's Restructuring and Financing Arrangements
18 Décembre 2008 - 8:30PM
Marketwired
Apex Silver Mines Limited (AMEX: SIL) today provided an update
regarding the company's restructuring and financing arrangements.
Letter of Intent for Sale of San Cristobal to Sumitomo
As announced on November 14, 2008, Apex Silver Mines Limited
("Apex Silver") entered into a non-binding letter of intent with
Sumitomo Corporation ("Sumitomo") providing for the sale of Apex's
interest in the San Cristobal mine to Sumitomo for a cash purchase
price of $22.5 million, payable at the closing of the sale. Apex
Silver would continue to manage the mine following the sale. Apex
Silver and Sumitomo are continuing to negotiate definitive
documentation related to this transaction. Upon completion of the
sale, the holders of the Apex Silver $290.0 million in convertible
notes would be entitled, under the existing terms of the notes, to
redeem the notes for cash. The non-binding letter of intent is
subject to significant conditions, including the restructuring of
the Apex Silver convertible notes in a voluntary reorganization
under chapter 11 of the U.S. Bankruptcy Code.
Termination of Derivative Positions
Apex Silver, Sumitomo and Minera San Cristobal, S.A. ("MSC")
have entered into agreements with BNP Paribas and Barlcays PLC for
the termination of the derivative positions established as a
requirement of the San Cristobal project financing arrangements.
Apex Silver paid approximately $59.0 million, or 65% of the final
net settlement amounts with respect to the derivative positions,
and repaid Sumitomo $7.5 million in respect of 65% of funding
previously provided by Sumitomo to MSC to settle certain derivative
positions. Apex Silver made these payments from the $91.0 million
previously deposited by Apex Silver as cash collateral for the
benefit of the counterparties to the derivative positions. Apex
Silver received the remaining cash collateral, totaling $24.5
million.
Project Finance Loans Acquired by Sumitomo
Sumitomo has acquired 90% of the San Cristobal project finance
loans from the lenders at par plus accrued interest, together with
the right to exercise remedies of the lenders against MSC, Apex
Silver and other Apex Silver subsidiaries. As previously disclosed,
Apex Silver anticipates that Sumitomo, as the current holder of the
San Cristobal project finance loans and the rights to exercise
remedies against MSC, will have the right to accelerate the
indebtedness outstanding upon a default by MSC or Apex Silver and
its affiliates including the circumstances described in Apex
Silver's quarterly report on Form 10-Q, for the quarter ending
September 30, 2008. As noted in that filing, Apex Silver does not
have, and does not expect to have, sufficient cash to fully settle
its share of the obligations if they were to become immediately due
and payable and has reclassified such obligations as short-term in
its consolidated balance sheets.
Amendment to Sumitomo Loan Agreement
Under the terms of the Amendment to the Loan Agreement dated
August 11, 2008 with SC Minerals Aktiebolag, a subsidiary of
Sumitomo ("SC Minerals"), SC Minerals has agreed to increase by
$25.0 million the amount available for borrowing by MSC. SC
Minerals is the 35% shareholder of MSC. The additional $25 million
is to be used solely to fund MSC's operating expenses. The $25.0
million is in addition to the $125.0 previously borrowed pursuant
to the original Loan Agreement and subsequent Amendments to the
Loan Agreement. The additional loan amount may be borrowed by MSC
at any time on or before December 31, 2008. Apex Silver expects
that MSC will borrow the full Additional Loan Amount on December
22, 2008.
If the full amount available under the amended Loan Agreement is
fully drawn (including the Additional Loan Amount), no payments are
made by MSC prior to maturity, and SC Minerals were to convert all
amounts payable into MSC shares as of the maturity date, Apex
Silver's indirect ownership interest in MSC would be reduced to
approximately 40.5% (approximately 48.2% on conversion of principal
only).
Forward Looking Statements
This press release contains forward-looking statements within
the meaning of Section 27A of the Securities Act and Section 21E of
the Exchange Act, including statements regarding the intention of
Apex Silver to enter into a definitive agreement relating to the
sale of Apex Silver's interest in the San Cristobal mine and the
restructuring of Apex Silver's capital structure, the expected
continuation of Apex Silver as a management services and
exploration company, and MSC's anticipated borrowing from SC
Minerals. These statements are subject to risks and uncertainties,
including those relating to the ability of Apex Silver and Sumitomo
to reach a definitive agreement on all terms of the sale, including
terms relating to Apex Silver's management of the mine, the risk
that creditors of Apex Silver or the mine will not agree to a
restructuring on terms satisfactory to Sumitomo, and the risk that
SC Minerals does not advance funds to MSC. The ability of Apex
Silver to achieve the contemplated sale could also be affected by
other factors, including those relating to its operations such as
further decreases in metals prices, whether and to what extent the
financial markets continue to experience significant volatility;
and political unrest and uncertainty in Bolivia. Apex Silver
assumes any obligation to update this information.
CONTACT: Apex Silver Mines Corporation Jerry W. Danni (303)
839-5060 Sr. Vice President Corporate Affairs
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