Ultrapetrol Announces Forbearance Agreements With Lenders
29 Janvier 2016 - 10:15PM
- Company Reaches
Forbearance Agreement With Majority of Noteholders
Ultrapetrol (Bahamas) Limited (Nasdaq:ULTR) (“Ultrapetrol” or
the “Company”) today announced that, as a result of its
negotiations with advisors representing a majority of holders of
the Company’s 8.875% First Preferred Ship Mortgage Notes due 2021
(the “Notes”), the Company has reached a forbearance agreement
through March 31, 2016 in relation to in excess of 85% of the
outstanding Notes (the “Consenting Holders”).
The Company expressed its appreciation to all of
its secured creditors for their continued support and cooperation
in agreeing to a forbearance period through the first quarter of
2016. Having secured additional time to continue ongoing lender
discussions, the Company is confident in its ability to achieve a
consensual financial restructuring that provides Ultrapetrol with a
sustainable capital structure that supports the Company’s long-term
business plan and results in long-term value generation for the
benefit of all stakeholders.
The forbearance agreement also provides for the
appointment of two new, independent directors, as well as but not
limited to the formation of a special committee that, among other
things, will explore options and make recommendations to the
Company’s board of directors in connection with the restructuring
of the Company. During this period, the Company intends to continue
operating its businesses as usual while executing its strategic
initiatives to improve operational performance and position the
Company to benefit from a recovery of global commodity and offshore
energy markets. Additional details including a copy of the
forbearance agreement are outlined in a Form 6-K (“Form 6-K”) that
the Company has filed with the Securities and Exchange Commission
(“SEC”) on the SEC’s EDGAR System at www.sec.gov.
The Company has also filed as an exhibit to the
Form 6-K a notice to holders of its Notes with details of how any
holder of Notes may consent to join the forbearance agreement and
receive a pro rata share of a fee paid by the Company to any holder
of Notes that has consented to the forbearance set forth in the
forbearance agreement.
Ultrapetrol further announced that it has
finalized forbearance agreements with IFC and OFID regarding loan
facilities related to the Company’s River Business, in addition to
the previously announced forbearance agreement with lenders to
certain of the Company’s subsidiaries in its Offshore Business. All
of the forbearance agreements expire at the earlier of March 31,
2016 or the occurrence of certain events specified in the
agreements.
The secured lenders party to these agreements have agreed, for
the duration of the forbearance agreements, not to accelerate their
loans, take any enforcement actions or exercise any remedies with
respect to defaults resulting from the non-payment by the Company
of its interest payment under the Notes and to work with the
Company in negotiating a sustainable financial structure. During
this time, the Company believes that it has sufficient liquidity to
fully fund all aspects of its operations and to conduct business as
usual, including making full and timely payments to employees,
vendors, suppliers, and trading counterparties.
About UltrapetrolUltrapetrol is an
industrial transportation company serving the marine transportation
needs of its clients in the markets on which it focuses. It serves
the shipping markets for containers, grain and soy bean products,
forest products, minerals, crude oil, petroleum, and refined
petroleum products, as well as the offshore oil platform supply
market with its extensive and diverse fleet of vessels. These
include river barges and pushboats, platform supply vessels,
tankers and two container feeder vessels. More information
on Ultrapetrol can be found
at www.ultrapetrol.net.
Forward-Looking LanguageThe
forward-looking statements in this press release are based upon
various assumptions, many of which are based, in turn, upon further
assumptions, including without limitation, our management's
examination of historical operating trends, data contained in our
records and other data available from third parties. Although we
believe that these assumptions were reasonable when made, because
these assumptions are inherently subject to significant
uncertainties and contingencies which are difficult or impossible
to predict and are beyond our control, we cannot assure you that we
will achieve or accomplish these expectations, beliefs or
projections.
In addition to these important factors, other
important factors that, in our view, could cause actual results to
differ materially from those discussed in the forward-looking
statements include future operating or financial results; pending
or recent acquisitions, business strategy and expected capital
spending or operating expenses, including dry docking and insurance
costs; general market conditions and trends, including charter
rates, vessel values, and factors affecting vessel supply and
demand; our ability to obtain additional financing; our financial
condition and liquidity, including our ability to obtain financing
in the future to fund capital expenditures, acquisitions and other
general corporate activities; our expectations about the
availability of vessels to purchase, the time that it may take to
construct new vessels, or vessels' useful lives; our dependence
upon the abilities and efforts of our management team; changes in
governmental rules and regulations or actions taken by regulatory
authorities; adverse weather conditions that can affect production
of the goods we transport and navigability of the river system; the
highly competitive nature of the oceangoing transportation
industry; the loss of one or more key customers; fluctuations in
foreign exchange rates and devaluations; potential liability from
future litigation; and other factors. Please see our filings with
the Securities and Exchange Commission for a more
complete discussion of these and other risks and uncertainties.
ULTR-G
Contact:
The IGB Group
Bryan Degnan
646-673-9701
bdegnan@igbir.com
Or
The IGB Group
Leon Berman
212-477-8438
lberman@igbir.com
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