Daily News: May 13, 2014

Bloomberg: Momentive Sues Trustees Over Interest Payments

Momentive Performance Materials, a bankrupt maker of silicones and quartz products owned by Leon Black’s Apollo Global Management, sued two trustees over whether it needed to make special payments on $1.3 billion of notes, Bloomberg reported.

In two lawsuits filed May 9 in Manhattan bankruptcy court, Momentive asked a judge to rule that it doesn’t owe noteholders the special premium payments based on unpaid interest, according to Bloomberg.

The noteholders would be entitled to the payments if Momentive had chosen to redeem the notes before October 2015, the company said. The bankruptcy accelerated the maturity date of the debt, which is different than if the company voluntarily chose to redeem the notes, and so the company isn’t liable, Momentive said.

The two suits were brought against Bank of New York Mellon Trust as trustee for $1.1 billion in 8.875% notes due 2020, and Wilmington Trust as trustee for 10% notes due 2020.

Separately, the company sought a hearing on June 19 on a deal it reached with supporting creditors. The creditors agreed to backstop a $600 million rights offering to help pay for continuing operations and exit from bankruptcy, Bloomberg reported that Momentive said.

The agreement will also support the company’s restructuring plan, which has been filed at court with the backing of 95% of second-lien noteholders, Momentive said.

The company listed $2.69 billion of assets and $4.17 billion of debt in its Chapter 11 filing in April in U.S. Bankruptcy Court in White Plains, NY. Momentive hasn’t posted an annual profit since Apollo bought it for $3.8 billion, according to data compiled by Bloomberg.

To read the entire Bloomberg article, click here.

Previously on abfjournal: JPMorgan Arranges DIP in Momentive Performance Bankruptcy, April 14, 2014