RE: Rampage31 Oct 2018 20:58
So that's the interesting bit of it all.
The Bonds mature on 27 October 2018, at which point the Issuer shall be obliged to redeem the Bonds at par on the following Business Day (being 29 October 2018). The Issuer has on-lent the proceeds of the Bonds to OSX 3 Leasing BV ("OSX3") in order to provide it with additional liquidity to meet its ongoing costs and expenses associated with the ownership and maintenance of the floating production, storage and offloading vessel owned by it (the "Vessel").
While OSX3 has been able to build up cash reserves from the on-going charter payments it receives from Dommo Energia SA for the charter of the Vessel, it is not currently in a position to repay the on-loan to the Issuer, as it is currently exploring potential options for the sale or re-charter of the Vessel which may require certain expenditure in the short term.
In light of the above, the Issuer proposes to extend the maturity date of the Bonds for 12 months, to 27 October 2019. The Bonds will continue to accrue interest at thirty- five per cent. (35%) per annum until they are repaid in full.
3. DESCRIPTION OF PRIVATE BOND ARRANGEMENTS
Reference is made to the notice of written resolution published by the Bond Trustee on 18 May 2018 in relation to the 13% Senior Secured Callable Bonds issued by OSX 3 Leasing BV (“OSX3 Private Bond Resolution”). As noted above, the proceeds of the Bonds were on-lent to OSX3 to funds OSX3's on-going liquidity requirements. The Bonds benefit from an intercreditor agreement which provides for repayment of the Bonds in priority to the bonds issued by OSX3 out of the proceeds of any realisation of OSX3's assets. The Issuer is reliant on OSX3 realising value from its assets in order to repay the Bonds. For this reason, the Issuer considers that information relating to OSX3 and the realisation of value from its assets is intrinsically relevant to the Issuer and the Bonds. In order to maintain information parity between the Bondholders and the holders of the bonds issued by OSX3, the Issuer proposes to amend the Bond Agreement, such that no disclosures relating to the Issuer, the Bonds, OSX3 or the bonds issued by OSX3 will be made publicly available by the Bond Trustee or the Issuer.
In order to provide Bondholders with information regarding the Issuer and the Bonds going forward, the Issuer proposes to direct Bondholders to the password protected virtual datasite established and maintained by OSX3 in relation to the bonds issued by OSX3 (the “Datasite”).