Apex Silver Announces Agreement With Certain Convertible Note Holders
12 Janeiro 2009 - 11:52AM
Marketwired
Apex Silver Mines Limited, (AMEX: SIL) (the "Company") today
announced that it has reached agreement with holders of
approximately 43% of the Company's $290 million convertible
subordinated notes on the principle terms of a plan of
reorganization under Chapter 11 of the U.S. Bankruptcy Code. As
contemplated by the proposed plan of reorganization, if the class
of convertible subordinated note holders accepts the plan, senior
creditors under the Company's guarantees of the San Crist�bal
mine's project financing facility will waive and release their
senior claims and holders of convertible subordinated notes will
receive a pro rata share of approximately $45 million in cash plus
common stock of the reorganized Company. However, if the class of
convertible subordinated note holders rejects the proposed plan,
the class would receive an allocation of cash only after payment in
full of the senior creditors. In such circumstances, the
convertible subordinated note holders would receive common stock of
the reorganized Company, but might not receive any cash
distributions. The consummation of the proposed plan of
reorganization is subject to the satisfaction of numerous
conditions, including approval by the bankruptcy court of a
disclosure statement relating to the proposed plan and the closing
of the previously announced sale of the Company's interest in the
San Crist�bal mine and related assets to Sumitomo Corporation. The
Company expects to commence the Chapter 11 filing this week,
possibly as early as Monday, January 12.
Forward-Looking Statements
This press release contains forward-looking statements within
the meaning of Section 27A of the Securities Act and Section 21E of
the Exchange Act, including statements regarding the Company's
reorganization under Chapter 11 of the Bankruptcy Code and certain
of the anticipated terms of the plan of reorganization. These
statements are subject to risks and uncertainties, including the
ability of the Company to continue business operations during the
Chapter 11 proceeding; whether the Company's anticipated financial
resources during the proceedings will be sufficient to fund its
operations; the ability of the Company to obtain court approval of
various motions it expects to file as part of the Chapter 11
proceeding; the ability of the Company to consummate a plan of
reorganization as currently planned; risks associated with third
party motions in the Chapter 11 proceeding, which may interfere
with the Company's ability to develop and consummate a plan of
reorganization; the potential adverse effects of the Chapter 11
proceeding on the Company's liquidity, results of operations or
business, including its vendor terms and its ability to motivate
and retain key executives and other necessary personnel while
seeking to implement its plan of reorganization. The Company
assumes no obligation to update this information. Additional risks
relating to the Company may be found in the Company's periodic and
current reports filed with the Commission.
CONTACT: Apex Silver Mines Corporation Jerry W. Danni (303)
839-5060 Sr. Vice President Corporate Affairs
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