Showing posts with label Chrysler’s secured debt. Show all posts
Showing posts with label Chrysler’s secured debt. Show all posts

Friday, May 1, 2009

on thin ice when the people making it wheel out the old groaner about future capital access

From Reuters:

Felix Salmon

a good kind of contagious

May 1st, 2009

Ignore Detroit’s bondholders’ whines

Posted by: Felix Salmon
Tags: bankruptcy,

I’m frankly surprised at the amount of pushback against the entirely sensible notion that Chrysler’s creditors (and, by implication, GM’s as well) should accept an enormous haircut on their failed investment.

You can tell an argument in favor of the holdout bondholders is on thin ice when the people making it wheel out the old groaner about future capital access. Here’s Liam Denning:

If the current plan is pushed through, then good luck to any unionized firm trying to raise secured debt on decent terms in the future.

Here’s Breakingviews:

Years of bankruptcy law have put secured creditors at the top of the pecking order, inducing them to put capital at risk. Vilifying investors who held firm to this conviction may have the reverse effect.

And here’s Joe Wiesenthal:

It should certainly make anyone think twice before lending money to a company with a strong union.

Oh come on. When Detroit raised debt capital in the past, its lenders weren’t operating on the assumption that they would be paid off in full before the UAW got a penny — and if they were, they were being foolish in the extreme. The UAW, after all, is necessary for the continued existence of the company: they’re doing the equivalent of putting new money in to the operation, in the form of their labor going forwards. I don’t see the creditors offering to put up any new capital.

Sure, the creditors might have a point about seniority if the firms were to be liquidated with the loss of all jobs. But let’s not forget that a huge part of the reason why they lent their money in the first case was that the US auto industry is systemically important, and that the government would never allow it to be liquidated. They were making a moral hazard play, and believed the car companies when they said that bankruptcy would be disastrous, and so they assumed that the government would keep the car companies out of bankruptcy.

So now I can barely believe it when the creditors start talking about how much they might receive in liquidation. For one thing, I don’t believe them. If GM and Chrysler liquidate, their assets are worth very little if anything at all: how are you going to monetize a mothballed production line? And insofar as the liquidation value is positive, it only gets to that point by dint of taxpayers picking up most of the costs of liquidation: soaring unemployment in the rust belt, an even worse economic depression in the hardest-hit areas of the country, and so forth. It’s a bit like the Wal-Mart model of paying your employees so little that they’re eligible for Medicaid, thereby getting them “free” healthcare, and Barack Obama is absolutely right to reject it.

I also heard an interesting new twist in this argument last night: the idea that the government is repaying itself in full while imposing massive haircuts on other creditors. No it’s not. It’s getting an 8% stake in the new Chrysler, which is worth roughly zero, in return for the billions it’s pumping in to the company — and it’s worth remembering that the $2.25 billion that the creditors were going to receive was going to come directly from the government, not from Chrysler itself. And no, the creditors would not need to pay that money back.

Of course aggressive creditors are going to want to maximize the value of their claims, both in bankruptcy court and in the press. But if this is the best they can come up with, I think it’s safe to dismiss their whining as the bleating of the sore loser.

Update: I forgot to mention the other old chestnut which indicates that there’s really no substance to the complaints. Here’s John Gapper:

Some of these “speculators” inconveniently manage money on behalf of pension plans and endowments, rather than rapacious rich people.

And here’s Wiesenthal, again:

If you’re a teacher or any state employee or anyone who has money in a pension or gets money from an endowment, there’s a decent chance that you’re invested in a hedge fund.

The “hedge funds represent normal people too” argument is so vacuous it’s not really worth responding to — except to note that it’s being made, and to cite some kind of rule that the minute anybody makes it, they can automatically be assumed to have lost the debate. If you’re going to set up a cage match between hedge funds, on the one hand, and the UAW, on the other, I think it’s pretty clear which side represents rich capitalists and which side represents people without much in the way of savings."

Me:

The solution would have been for the creditors, UAW, and government, to have purchased CDSs on GM.

Seriously, well, sort of, when all sides are exaggerating as much as this, it means that each side has some good points, and that the decision will be a mess. Depending upon how you look at it, all sides are winners and losers.

That’s not bad. Hell, usually, I’m just a loser.

- Posted by Don the libertarian Democrat

Wednesday, April 29, 2009

The Treasury Department has sweetened its offer to holders of Chrysler’s secured debt

TO BE NOTED: From the NY Times:

"April 30, 2009
Treasury Sweetens Offer to Chrysler Debt Holders

The Treasury Department has sweetened its offer to holders of Chrysler’s secured debt in a last-minute effort to keep the American automaker out of bankruptcy court, according to people briefed on the matter.

To win over several hedge funds, which have been holding out for better terms, the Treasury increased its cash offer by $250 million, to $2.25 billion, these people said. If all of the secured holders agree to the new deal, which would give them the cash in exchange for retiring about $6.9 billion of debt, Chrysler may still have a chance of restructuring out of bankruptcy court.

During a prime-time press briefing at the White House on Wednesday, President Obama said it was “not yet clear” Chrysler would have to move forward with a bankruptcy. He said that given concessions to which the United Automobile Workers and major debtholders have already agreed, “I am actually very hopeful, more hopeful than I was 30 days ago, that we can see a resolution that maintains a viable Chrysler automobile company out there.”

He added: “The fact that the major debtholders appear ready to make concessions means that even if they ended up having to go through some sort of bankruptcy, it would be a very quick type of bankruptcy. And they could continue operating and emerge on the other side, in a much stronger position.”

The four big banks that own 70 percent of Chrysler’s secured debt have already signed on to the Treasury’s plan and are trying to line up the other lenders in favor of the new terms. A vote of the secured lenders was scheduled for Wednesday night.

If all 46 lenders do not agree to the new offer, Chrysler will most likely file for Chapter 11 bankruptcy protection on Thursday, and the lenders will be forced to accept the $2 billion they were originally offered or fight in court for a higher amount.

Several investment funds continued to reject the Treasury’s offer at a vote of the lenders conducted on Wednesday evening, even with the new sweetened terms, the people familiar with the talks said.

The Obama administration is adamant that every lender participate in the debt swap, according to people close to the talks who asked not to be identified because they had signed confidentiality agreements.

People briefed on the negotiations said that while it seemed certain Chrysler would survive and avoid liquidation, it was not yet clear whether it would have to be placed into bankruptcy to sort through any unresolved issues with creditors.

Administration officials said late Wednesday that while bankruptcy remained a strong possibility, talks with all of the stakeholders in Chrysler could very well continue right up to an administration-imposed deadline at 11:59 p.m. Thursday.

A bankruptcy filing could lead to a prolonged battle in court with the company’s lenders, dealers and parts suppliers across the country. In bankruptcy, the government would also have to provide financing for the company to operate.

The Obama administration has also been pushing Chrysler to enter into a deal with the Italian automaker Fiat. That deal is scheduled to be signed on Thursday, according to people close to the company.

A person close to Michigan’s Congressional delegation said Wednesday that Mr. Obama would probably opt for a bankruptcy filing. The bankruptcy would be intended to be executed in as little as 60 days, with Chrysler shedding outstanding debt and other liabilities before emerging, according to people briefed on the negotiations.

Chrysler officials remained hopeful Wednesday that the company could avoid bankruptcy. In a letter to employees, Chrysler’s chairman, Robert L. Nardelli, said the company was making progress with Fiat and hoped to have a deal in hand by Thursday.

“I’m encouraged by this progress and I want you to know I deeply appreciate the sacrifices made by so many constituents to help us reach the restructuring targets established by the government,” Mr. Nardelli said.

There was no immediate comment from Fiat.

Any deal with Fiat would involve management changes, including the departure of Mr. Nardelli, who joined the company in August 2007. Mr. Nardelli told employees this month that he was likely to leave the company.

The new management is likely to take charge of Chrysler as soon as agreements with the Treasury Department are completed, people briefed on the situation said. They spoke on the condition of anonymity because they were not authorized to speak for the government.

If there is a bankruptcy filing, the management team will lead the company until it has finished restructuring. It was not clear whether one of Chrysler’s executives or a Fiat executive would head the company.

Chrysler, subsisting on $4 billion in federal loans, has asked for another $7 billion in government aid to carry it through the worst automotive market in the United States in 25 years.

But members of the president’s special auto task force are unsure the company can be viable for the long term without the use of what has been called a “surgical bankruptcy.”

As the talks with Fiat and the lenders entered the final hours, members of the United Automobile Workers union voted on a historic deal in which the union would take a 55 percent stake in Chrysler. The stake would finance half of a new trust to administer retiree health care costs.

The 26,000 workers represented by the U.A.W. were to conclude their voting Wednesday night.

Micheline Maynard, Nick Bunkley and Jim Rutenberg contributed reporting."