Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / memo-rsa-negotiation-strategy.docx
memo-rsa-negotiation-strategy.docx
Parties
HARKNESS LLP
Logistics SA
KFO Holdings SA
Thalassa Americas Inc
Kensington Veltrian Partners LLC
Triton Credit Partners LP
Alderney Management Advisors LLC
Pendleton Claim Services Inc
Dates
January 25, 2023
September 30, 2022
November 1, 2022
October 10, 2022
March 8, 2023
January 10, 2023
June 15, 2019
June 15, 2024
September 15, 2022
December 15, 2024
Amounts
€1.42
€987
$24,800
$11,200
$847.3
$623
$891
$268
$580
$640
Obligations
The forbearance agreement executed on October 10, 2022, and subsequently extended to March 8, 2023, provides a temporary waiver of the lenders' remedies arising from these defaults, but the underlying defaults remain outstanding and must be addressed through either a covenant reset in the proposed amendment or a permanent waiver
If unanimity is required for the maturity extension (as we suspect), all nine lenders must agree, making holdout risk a serious concern
This dilution must be presented to and approved by the Kostandinos family before it is tabled in negotiations with BMC
The Ad Hoc Group of Senior Secured Lenders has made clear, through informal communications via WCB, that any restructuring must include a meaningful equity contribution from the family
In addition to the equity contribution, the family must accept dilution from 80% to approximately 68% as a result of the 15% equity allocation to BMC as part of the mezzanine notes exchange