Open and Shut Case – Odfjell Sells NOK 600 million of Bonds

Last Friday, Odfjell SE, with joint managers, DNB Markets, Nordea Markets and Swedbank First Securities opened the books for a new issue of NOK 500 to 750 million of senior unsecured bonds thinking they would have an early start for an application period that was to extend through the following Tuesday. Fortunately, they planned for an early close, as they had more than they needed allowing them to shut the books at 4PM with NOK 600 million of bonds subscribed which was a level the company was more than satisfied with.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

For the Unsecureds - Some Cash, a Little Upside but No New Money – Genmar’s Formula for a Consensual Plan

It was only 130 days, but for many it may have seemed to be a lifetime. This is the time between the date of the original General Maritime Chapter 11 filing and the filing of the global settlement which will allow for a consensual reorganization and the emergence of the company as a going concern. The original Restructuring Support Agreement which outlined the terms of the reorganization did not have the support of the major unsecured creditors, including the holders of the senior notes.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

Amicable Solution – Nordic Tankers Divests

On Tuesday, Nordic Tankers announced that it had agreed to sell, at the behest of its bankers, Nordea and Danish Ship Finance, its chemical tanker activities to Triton, a European investment firm, for $30 million. Despite significant improvements on the revenue and expense side, high leverage and low freight rates eroded the capital base making the divestiture the best solution for the company and its stakeholders.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

TORM Has Suitors

“Wishin', and hopin', and thinkin', and prayin', Planning and dreamin' each night of his charms.

That won't get you into his arms” 

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

Indonesian Cabotage Regime: Implications for foreign owners, operators and financiers

Contributed by: Norton Rose: Stephen Woods (Senior Associate, Singapore), Ben Rose (Partner, Singapore) and Susandarini (Partner, Jakarta). In May 2011, broad cabotage rules applying to the Indonesian domestic sea carriage sector came into effect which significantly increased the practical and compliance obstacles for vessel owners operating in Indonesian waters.  A year on, estimates suggest a significant percentage of fleets operating in Indonesian waters have yet to fully catch up with the new regime. Many foreign vessel owners and operators have been relying on temporary exemptions to the rules whilst exploring ways to comply with the regime in a manner that lawfully mitigates the effect of the new restrictions.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

Ezra and Swiber Place Out New Shares for Growth

On March 9, Ezra Holdings entered into a placement agreement with Credit Suisse and DBS in order to issue 110 million new shares at a price of SGD 1.10 per share, a discount of approximately 8.4% to the weighted average trading price of shares the day prior. The anticipated SGD 118.8 million (USD 94 million) in net proceeds would be set aside for general working capital and general corporate purposes and/or business opportunities, strategic investments, joint ventures and/or the paying down of existing debt and/or capital expenditure or acquisition of vessels.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

China Rongsheng Mulls Over MTNs

Last Wednesday, China’s largest private shipbuilder, China Rongsheng Heavy Industries, announced plans to issue RMB 3.6 billion (USD 570 million) medium term notes to fund its general working capital requirements and repay part of its loans with higher interest rates. The first tranche of three year RMB 2 billion is expected to be issued on March 28, and will pay investors a fixed annual coupon, determined after bookbuilding.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

Defaults and Bankruptcies

The global shipping industry has been grabbing headlines lately, unfortunately for less admirable reasons. As the industry continues to grapple with depressed freight rates due to overcapacity across all shipping segments, continued high bunker prices and the pertinent problem of reduced lending from the traditional ship financiers, bankruptcies are expected to accelerate for the rest of 2012. “It’s amazing to see how both the borrowers and lenders allowed themselves to run out of cash,” commented a restructuring expert at a recent Marine Money conference in Hamburg. Within a span of two weeks, both Berlian Laju Tanker and Humpuss Sea Transport have filed for protection orders from the courts in New York, under Chapter 15 of the United States Bankruptcy Code. The filings would allow both companies to halt legal proceedings in the United States and ensure their vessels can ply safely through ports in the United States without any threat of arrest. In Berlian Laju Tanker’s case, a number of its subsidiaries had already secured protection on March 12, under Section 210(10) of the Singapore Companies Act, thus securing a three-month stay on creditor actions and preventing ships from being impounded in Singapore. The court protection however does not extend beyond Singapore jurisdiction, which led to BLT’s Chapter 15 petition in New York to shield assets within US jurisdiction.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

Time will tell

It has been a long time coming, and we all suspect it has been going on for the last year or two, but in the last six months shipping bankruptcies and restructurings have become more public and more talked about. And it is likely that such will continue with more companies, small and large, having to surrender, amicably or not, their vessels to their lenders. The question is, what does the lender do next? Such a situation will not be, or should not be, unexpected to the lender. Situations which end in default and judicial auction are often a long time in the making and the bank should have plenty time to put together a team consisting of legal advice, vessel manager and internal “trouble shooters” to at least take possession of the vessel, handle the immediate crew situation, keep it insured, and handle a swift auction procedure. But now, as proud owner of a vessel with clean title, what next for the bank?

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.

In for a penny (øre), in for a pound (kroner) – A.P. Moller Mops up Norwegian Liquidity?

It was the big one and it wasn’t high yield! A.P. Moller – Maersk A/S came to Oslo last Thursday looking to issue five-year floating rate senior unsecured bonds. Unusually, no specified amount was mentioned and the company was undecided on a maximum amount although it reserved the right to close the books if the amount exceeded NOK 2.5 billion. Well they blew through that number selling NOK 3 billion ($520 million) of these bonds at par. It is likely one of the biggest corporate NOK deals done.

Content is restricted to subscribers. To continue reading please Log-In or view our subscription options.