RE: New news story10 Sep 2019 14:25
Holders of credit insurance on Thomas Cook
Group Plc are drawing up plans to potentially block the U.K.
travel agent’s $1.1 billion rescue in order to ensure they get a
payout.
The group of hedge funds, including Sona Asset Management
and XAIA Investment GmbH, may vote against a bailout led by
Fosun Tourism Group at a creditor meeting on Sept. 18 if they
don’t secure their payment before then, according to people
familiar with the plan. Fosun’s rescue includes a debt-for-
equity swap that could prevent compensation on their default
insurance.
The hedge funds are drawing up the plans because they fear
the conversion into equity swap that’s central to the
restructuring may leave their holdings of credit-default-swaps
with no debt to insure. This would prevent a payout in
accordance with the contracts.
Law firm Fieldfisher LLP is representing them, the people
said asking not to be named discussing private information. The
investors also bought Thomas Cook bonds entitling them to attend
the meeting.
Under the rules of schemes of arrangement -- a U.K. court
procedure -- the investors will need to hold at least 25% of
Thomas Cook’s bonds to influence the debt restructuring.
Investors hold about $261 million of swaps on Thomas Cook in
total, according to the latest data from the International Swaps
& Derivatives Association.
Representatives for Fieldfisher, Sona and XAIA declined to
comment on the plans.
The group has already contacted Thomas Cook’s financial
adviser PJT Partners and the bondholders’ legal adviser Milbank,
according to the people familiar with the matter.
Representatives from PJT and Milbank declined to comment.
Thomas Cook declined to comment. As part of the schemes of
arrangement, the company may file for Chapter 15 court
protection from creditors in the U.S. That could trigger a
payout on the default swaps before next week’s bondholder
meeting and solve the problem for the insurance holders.
Read more: Credit Swaps Flaw Spurs Trade on Thomas Cook
Debt Restructuring
The travel company sought its rescue amid wilting profits
as its core north-European customers vacationed at home during
successive summer heatwaves. Uncertainty over the economic
impact of Brexit has also weighed on demand.
Sona has successfully steered a similar maneuver in the
past. The London-based fund ensured payouts on New Look Retail
Group Ltd.’s swaps earlier this year by buying enough of the
U.K. fashion retailer’s bonds to influence its debt
restructuring.