RE: 2 new docs on ksv1 Jun 2024 13:22
Folks, there appears to be some misunderstanding here.
Summit is not paying $11M for the assets, it’s due to pay $56M in a credit purchase, writing off the long term $45M and $11M owed to it by COPL. There is no cash involved (other that the $11M put up by Summit in interim financing, an opportunity offered to, but rejected by BP).
BP simply want their secured loan judged as equal to Summit’s long term secured loan, after covering the ‘super priority debt’ of $11M put forward by Summit. They have a point, but as this is a credit purchase, with no cash surplus beyond the repayment of the $11M, there are no ‘cash proceeds’ to share.
Also, at no point have BP suggested they’d bid for COPL, even at a lower starting bid (pretty pointless as Summit have already bid $56M!, so would probably do so again). BP simply want parity of debt repayment, or are possibly seeking an out of court settlement with Summit. Perhaps such a settlement could include some equity in a restructured COPL, a COPL which dumps its vast Bond debts (effectively Anavio), as mentioned a couple of times by Summit’s counsel at the hearing. In order to do this, we understand they may require full control of the business. Other actors remain in the wings.
There are many, many layers to this and just as many motives and agendas. We are keeping our powder dry until we fully understand Summit’s intentions with regards equity within a restructured COPL. In the meantime, BP are simply seeking what is best for them.
In addition, Anavio are very quiet, we’d imagine they’re enjoying being out of the spotlight. Not for long though…..