[ Content | View menu ]

Charter’s reorganization plan goes under microscope Monday

Written on July 21, 2009

Charter Communications is heading into a pivotal week in its effort to escape bankruptcy without some of the debt shackles that have crippled it for years.

Monday marks the start of its confirmation hearings in the U.S. Bankruptcy Court for the Southern District of New York, where a judge will decide whether the company’s reorganization plan is workable. Success is not expected to come without a fight.

The Town and Country-based company’s plan has drawn objections from several groups, including lenders, stockholders, the Justice Department and the Securities and Exchange Commission. And if the company hopes to meet its goal of leaving bankruptcy by summer’s end, there’s not much room for delays.

"Monday is absolutely critical for that," said Shelly Lombard, an analyst with corporate bond research firm Gimme Credit.

Charter’s reorganization plan — through a deal reached earlier this year with a large group of bondholders — seeks to trim $8 billion of its $21.7 billion in debt. Some bondholders will be given new debt and stock in the company when it leaves bankruptcy, while all current shares will be eliminated.

Charter, which filed for bankruptcy protection on March 27, would not discuss the specifics of the case, but spokeswoman Anita Lamont issued a statement: "We are pleased with the progress we are making with our financial restructuring and believe our plan should be confirmed. We have been working constructively with our bondholders and look forward to emerging from this process as soon as practicable."

Charter is the nation’s fourth-largest cable provider. It has 2,450 employees in the St. Louis area.

The company amended its reorganization plan on Thursday, increasing by $66 million the amount of preferred stock that will be issued to some note holders, and changing the mandatory redemption date to five years from seven. The amendment, however, did not address some of the objections that have been filed in court.

Among them are complaints filed by the U cheaper car insurance.S. Trustee, an arm of the Justice Department, and the SEC targeting provisions that release Paul Allen, the company’s chairman, and other officers from shareholder lawsuits.

The biggest issue, however, revolves around nearly $12 billion in debt that may or may not be affected by bankruptcy.

Charter wants the judge to reinstate that chunk of debt — a move that would keep the current terms in place. The company is arguing that it has done nothing to violate those loan agreements and has continued to make its required payments. That’s also why the reorganization calls for Microsoft co-founder Allen to retain control of the company, despite seeing his personal stake fall to 3 percent from 51 percent. Allen would be granted 35 percent voting control to avoid violating change-of-control covenants on those loans.

But several banks, including Wells Fargo and a consortium represented by JPMorgan Chase & Co., have argued that Charter has already violated its loan terms. If the judge rules in the banks’ favor, Charter could be forced to renegotiate its loans. Charter has said that could cost the company more than $500 million a year in new interest payments, erasing much of the $800 million expected to be saved annually through the restructuring. "If they can’t reinstate that bank debt, the whole plan unravels," Lombard said.

It’s unclear how long the hearing will last, though some reports suggest it could take up most of the week. And it would not be unusual for the process to drag on longer if critics are able to convince the judge the plan doesn’t do enough for creditors. Gaining support from creditors will be key for Charter, said Jacen Dinoff, chief executive officer of KCP Advisory Group, a corporate restructuring firm in Boston.

"You need someone on your side," Dinoff said. "The more supporters the better."

Source

Filed in: business.

Comments closed