BioFuel Receives Notice of Default From Lenders
May 28 2009 - 5:24PM
PR Newswire (US)
DENVER, May 28 /PRNewswire-FirstCall/ -- BIOFUEL ENERGY CORP.
(NASDAQ: BIOF) announced today that it has received a Notice of
Default from its syndicate of lenders, led by BNP Paribas, as
Administrative Agent, under its senior bank facility. The Company
reported that the banks have asserted that a "Material Adverse
Effect" had occurred with respect to the Company, even though it
has not missed any payments owed under the facility, or to any
other creditors or vendors, and expects to meet the interest
payment due at the end of May. The Company has entered into a
Limited Consent and Waiver and Amendment with its lenders, which
will allow the Company to have immediate access to its bank
accounts to pay vendors for corn, natural gas and other materials,
while they continue to pursue a longer-term solution to its
liquidity issues. The Company also announced it has retained a
financial advisor to support its ongoing discussions with its
lenders. Scott H. Pearce, President and CEO, stated: "While we
understand the banks' concerns regarding the state of the ethanol
industry and the Company's financial condition, we are disappointed
that BNP Paribas and the other banks felt it necessary to take this
action. However, despite this action, we expect to have access to
our bank accounts in order to continue funding our day-to-day
operations as we work with the lenders and our advisors to reach a
longer-term arrangement." Based on recent spot margins, the Company
expects to operate at or around cash breakeven in the second
quarter prior to debt service payments. As previously disclosed,
the Company's ability to pay debt service or to achieve
profitability will depend on improved industry margins. In the
meantime, should the lenders delay or prevent the Company from
gaining access to funds necessary to continue operations or
accelerate the loans as a result of the events of default asserted
in the Notice of Default, the Company may have to curtail or cease
its operations, which would likely result in its inability to
continue as a going concern and could force it to seek relief from
creditors through a filing under the U.S. Bankruptcy Code. This
release contains certain forward-looking statements within the
meaning of the Federal securities laws. Such statements are based
on management's current expectations, estimates and projections,
which are subject to a wide range of uncertainties and business
risks. Forward-looking statements should not be read as a guarantee
of future performance or results, and will not necessarily be
accurate indications of whether, or the times by which, our
performance or results may be achieved. Factors that could cause
actual results to differ from those anticipated are discussed in
our Exchange Act filings and our Annual Report on Form 10-K.
BioFuel Energy Corp. owns and operates two 115 million gallons per
year ethanol plants in the Midwestern corn belt. Contact: Kelly G.
Maguire For more information: Vice President - Finance and
http://www.bfenergy.com/ Chief Financial Officer (303) 592-8110
DATASOURCE: BioFuel Energy Corp. CONTACT: Kelly G. Maguire, Vice
President - Finance and Chief Financial Officer of BioFuel Energy
Corp., +1-303-592-8110, Web Site: http://www.bfenergy.com/
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