Arch Coal In New Deal for Bankruptcy Exit Plan
July 05 2016 - 12:20PM
Dow Jones News
Arch Coal Inc. has picked up the support of its unsecured
creditors for a chapter 11 turnaround plan, ending the threat of
litigation over the coal operator's failed efforts to stay out of
bankruptcy.
Talks aimed at reaching a deal have been under way for sometime.
New terms sketched out Friday outline settlements that could ease
the company's path out of chapter 11.
Unsecured bondholders are being offered cash and stock under the
amended plan, which is slated for preliminary review Wednesday at a
bankruptcy court in St. Louis. Court papers filed Friday show the
new plan is the result of a compromise that will see senior lenders
and senior management pitching in to the pool of assets to be
distributed to unsecured creditors.
Last year, Arch tried to cut its debt load outside of bankruptcy
by way of an exchange offer with junior bondholders. Senior lenders
blocked the deal, a move that pushed Arch into bankruptcy in
January. The filing came as other coal producers also sought court
protection to address too much debt and harsh industry
conditions.
Litigation stemming from the failed debt exchange, as well as
the threat of other lawsuits, would be put to rest under Arch's new
chapter 11 plan, according to court papers. Funds managed by
Blackstone Group's GSO Capital Partners, which holds unsecured bond
debt, will receive $5 million to settle a lawsuit it filed in
May.
Also in connection with the new plan, the official committee of
unsecured creditors will agree to abandon its efforts to bring
separate litigation in Arch's bankruptcy, court papers say. GSO is
also a member of the official committee, court papers show.
Arch is offering holders of allowed general unsecured claims 6%
of the new common stock of the reorganized company, warrants to buy
more of the company stock and $30 million in cash. Most of the
cash—more than $22 million—is earmarked for bondholders. Court
papers say the rest will be paid to general unsecured creditors, a
group that includes trade creditors.
Senior managers are surrendering claims to $6 million in
incentives to help the chapter 11 plan gain momentum, court papers
say. Executive bonuses had been a sore spot for the unsecured
creditors committee, which had sought to bring litigation to take
back incentives paid out before Arch's bankruptcy.
The new chapter 11 plan terms are expected to resolve a recent
request from the committee, supported by GSO, for a mediator to
help broker a restructuring deal. The request was set for court
review at Wednesday's hearing but has been adjourned, court papers
show.
Jacqueline Palank contributed to this article.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
July 05, 2016 12:05 ET (16:05 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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