Melburnian1
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- Joined
- Jun 7, 2013
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This is part of an 'Smh'/The Age' online report tonight (probably in print on Saturday 27 June 2020):
'...However, a well placed source close to the sale process said Deloitte was also exploring options, including a technology platform, to let thousands of Virgin customers also vote on the deal, which needs the support of 50 per cent of creditors by both number and value.
Virgin has total debts of $6.8 billion and 12,000 registered creditors, including 9000 employees. The airline's tens of thousands of customers owed points or flight credits could secure the vote for Bain after it promised to honour what they are owed.
Deloitte declined to comment. However, joint administrator Vaughan Strawbridge did say that the creditors' vote would only influence the outcome of Virgin's legal entities, with the deal signed on Friday assuring Bain will buy Virgin's assets regardless.
"The benefit of this is creating certainty around employment, an outcome for creditors and also funding for the business," Mr Strawbridge said.
That structure could prevent any alternative offer - including from bidders already knocked out of the sale process - as well as from Virgin's unsecured bondholders, which proposed swapping their debt for ownership of the airline to avoiding having their $2 billion in debt virtually wiped out in a sale to Bain.
Sources close to the bondholder group, who asked not to be named because their dealings are confidential, said it was considering legal action given Deloitte's references to binding agreements, indicating that there was little room for a rival proposal.
The bondholders are concerned the sale agreement would contain a clause trying to block them from putting forward a competing proposal, they said. One insolvency expert, who declined to be named said: "a court would likely ignore that as contrary to public policy"...'
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Interesting spin, but if Deloittes did this (giving all and sundry a 'vote'), imagine the court challenge(s).
'...However, a well placed source close to the sale process said Deloitte was also exploring options, including a technology platform, to let thousands of Virgin customers also vote on the deal, which needs the support of 50 per cent of creditors by both number and value.
Virgin has total debts of $6.8 billion and 12,000 registered creditors, including 9000 employees. The airline's tens of thousands of customers owed points or flight credits could secure the vote for Bain after it promised to honour what they are owed.
Deloitte declined to comment. However, joint administrator Vaughan Strawbridge did say that the creditors' vote would only influence the outcome of Virgin's legal entities, with the deal signed on Friday assuring Bain will buy Virgin's assets regardless.
"The benefit of this is creating certainty around employment, an outcome for creditors and also funding for the business," Mr Strawbridge said.
That structure could prevent any alternative offer - including from bidders already knocked out of the sale process - as well as from Virgin's unsecured bondholders, which proposed swapping their debt for ownership of the airline to avoiding having their $2 billion in debt virtually wiped out in a sale to Bain.
Sources close to the bondholder group, who asked not to be named because their dealings are confidential, said it was considering legal action given Deloitte's references to binding agreements, indicating that there was little room for a rival proposal.
The bondholders are concerned the sale agreement would contain a clause trying to block them from putting forward a competing proposal, they said. One insolvency expert, who declined to be named said: "a court would likely ignore that as contrary to public policy"...'
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Interesting spin, but if Deloittes did this (giving all and sundry a 'vote'), imagine the court challenge(s).