New World Resources Plc Expiry of SSCF Waiver Agreement (1693W)
25 Abril 2016 - 3:01AM
UK Regulatory
TIDMNWR
RNS Number : 1693W
New World Resources Plc
25 April 2016
Amsterdam / London, 25 April 2016
Expiry of Super Senior Credit Facility Standstill and Waiver
Agreement
New World Resources Plc ("NWR Plc") and New World Resources N.V.
("NWR NV", and NWR Plc and NWR NV, together with their
subsidiaries, the "Group") today announce that - although the Group
is in continuing discussions with certain key stakeholders,
including the Czech Government, regarding a restructuring of the
Group's financial indebtedness - a non-binding agreement with the
Czech Government has not been secured. On this basis the ad-hoc
group of senior creditors of the Group and shareholders in NWR Plc
(the "AHG") have not agreed to waive or extend the Super Senior
Credit Facility Standstill and Waiver Agreement (the "SSCF
Waiver").
This expiry means that certain members of the Group are now in
default under their financial obligations - obligations that are
guaranteed by OKD.
Given the current status of discussions, it is unclear whether
agreement on a restructuring plan can be reached before OKD has
exhausted all available sources of financing and thus, whether OKD
may be obliged to commence insolvency proceedings.
SSCF Waiver
As previously announced, the requisite majority of lenders under
the SSCF agreed on 23 February 2016 to a standstill and temporary
waiver. The terms of this standstill and temporary waiver were that
it will remain in place until 31 July 2016, if certain milestones
regarding the progress of negotiations and reaching of agreement on
a restructuring of the Group are satisfied, namely: (a) a
non-binding heads of agreement for the implementation of a
restructuring of the Group with the Czech Government on or by 22
April 2016 (originally 31 March 2016, but recently extended with
agreement of the requisite majority of lenders on 14 April 2016)
(the "First Milestone"); and (b) a binding agreement regarding a
restructuring with the Czech Government on or by 30 April 2016.
A non-binding agreement with the Czech Government has not been
secured and on this basis the AHG have not agreed to waive or
extend the First Milestone.
Consequently, the SSCF Waiver has terminated and events of
default under certain terms of the SSCF have occurred and are
continuing. This in turn triggers a cross-default to the Group's
export credit agency-backed facility (the "ECA Facility"). Should
either the SSCF lenders or the ECA Facility lenders accelerate
their debts, potential acceleration under the terms of other
financial indebtedness of the Group (including the Senior Secured
Notes) could occur.
The Group has been in discussions with its stakeholders,
including the Czech Government and the AHG, since the beginning of
December 2015, regarding a restructuring of liabilities and the
provision of vital additional liquidity to OKD. These discussions
continue.
However, given the current status of these discussions it is
unclear whether agreement on a restructuring plan can be reached
before OKD has exhausted all available sources of financing and
thus, whether OKD may be obliged to commence insolvency
proceedings.
Status of Discussions
The Czech Government has been provided with all relevant
information about the Group and OKD. Towards the end of December
2015, the Ministry of Industry and Trade made a request in writing
for an extensive list of information. This information was provided
by the requested deadline in early January 2016. Further
information requests by the Czech Government have been addressed
immediately upon receipt (including the request that was made
recently during the meeting of the Group and the AHG with the
Government on 12 April 2016). To date no formal response has been
received from Government.
The information gives a clear picture: on current predictions,
in the coming weeks OKD will require an external injection of money
to remain in a positive cash balance and to be able to meet its
financial liabilities, including paying the workers.
As a result, the AHG has decided not to extend the SSCF waiver
that they had the Group given on 23 February 2016. This means that
certain members of the Group are in default under its financial
obligations - obligations that are guaranteed by OKD.
Accordingly having had regard to OKD's current liquidity
position and its imminent liabilities, the boards of all NWR Group
companies - including OKD - have sent a letter to the Czech
Government and the AHG today to inform these parties that unless,
by close of business on Friday 29 April 2016,
(a) agreement on a restructuring term sheet and/or a transaction
involving the sale of OKD to the Czech Government is reached;
and
(b) OKD obtains clear and sufficient assurance regarding the
provision of additional future liquidity to OKD,
the directors of OKD will have to consider the timing of filing
for the insolvency of OKD and the discontinuation of OKD's mining
operations.
- End -
Investor and Media Contact:
Radek Nemecek
Tel: +420 727 982 885
rnemecek@nwrgroup.eu
Website: www.newworldresources.eu
About NWR:
New World Resources Plc is a Central European hard coal
producer. NWR produces quality coking and thermal coal for the
steel and energy sectors in Central Europe through its subsidiary
OKD, the largest hard coal mining company in the Czech
Republic.
This information is provided by RNS
The company news service from the London Stock Exchange
END
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