RE: Accounting Question21 Jan 2018 20:11
Agree - various details we are not party to but I regard reported cash as being cash, no matter where it is held. Cash held in mandatory reserves would not be subject to the sweep nor available for a routine debt repayment. Being flippant, I would regard your $10M analogy as being akin to finding $10M down the back of the sofa so instinctively this must be a non-starter.
I regard the cash raised in the MD/OO as being no different to cash generated from operations. It has all ended up together. The purpose of the MD/OO was to raise money to pay down the debt or have cash available for capex, so being subject to the sweep seems a natural step to follow.
KMR's explicit commitment to the lenders is to follow the debt repayment schedule. The cash sweep is what it is, but if no cash is swept up, nothing changes. The commitment is the repayment schedule. I therefore see KMR being quite free to decide to proceed with capex or not. They no doubt will discuss matters with the lenders but the obligation should be limited to demonstrating that the capex will not impact on the ability to make repayments as per schedule. In the case of the WCP B upgrade, this was easy, the cash is already available. In the case of $90-100M for WPC C, work is needed to demonstrated future cash generation but ultimately KMR should be relatively free to proceed, if they demonstrate the ability to meet the schedule. Again, this seems a natural step. KMR should be masters of their own destiny, to run and expand their business as they see fit and not to be dictated to by their lenders, if agreements are being followed.
Dividends is more limited, as already discussed, and for good reason - it stops cash being syphoned off in large amounts prior to lenders being repaid.