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OGX Said to Plan Bankruptcy Protection File as Soon as Today (1)
2013-10-30 13:14:07.153 GMT
(Updates with comment from company in second paragraph.)
By Cristiane Lucchesi, Peter Millard and Juan Pablo Spinetto
Oct. 30 (Bloomberg) -- OGX Petroleo & Gas Participacoes SA,
the oil company controlled by former billionaire Eike Batista,
could file for bankruptcy protection as soon as today, said a
person with direct knowledge of the plans.
The filing for judicial recovery, as the proceedings are
known in Brazil, would be done after the close of trading in Rio
de Janeiro, where OGX is based, said the person, who asked not
to be identified before documents are submitted. The board is
yet to decide on the filing, OGX said in a regulatory filing
today. An official at OGX’s Rio press office, who isn’t an
authorized spokesperson, declined to comment on the plans.
The proceedings will put $3.6 billion of dollar bonds into
default in Latin America’s largest corporate debt debacle and
mark the final chapter in Batista’s demise as poster child for
Brazilian entrepreneurialism. OGX will need creditors to approve
a restructuring plan that is presented to the court to continue
operations, said Leonardo Theon de Moraes, a bankruptcy lawyer
at Sao Paulo-based Mussi, Sandri & Pimenta Advogados.
“If creditors don’t accept the business plan, OGX will
have its judicial reorganization converted into a bankruptcy
process and a liquidation of assets,” Theon de Moraes said by
telephone. “In a liquidation process the people who lose more
are the shareholders.”
Discussions between OGX, which is running out of money to
test its most promising field, and holders of bonds due in 2018
and 2022 concluded without any restructuring agreement, the Rio-
based company said in a statement released yesterday. While
Batista is yet to decide, his shipbuilder probably will also
seek protection against creditors, the person said.
Wealth Erosion
Batista became Brazil’s richest man after raising billions
of dollars in equity markets and loans from a state bank to fund
OGX’s drilling program and sister commodities startups. He then
tapped debt markets, selling bonds to investors including
BlackRock Inc. and Pacific Investment Management Co.
Bankruptcy would culminate a 16-month decline that wiped
out more than $30 billion of Batista’s fortune after offshore
deposits he had valued at $1 trillion turned out to be duds.
Shares of OGX, which Batista founded in 2007, lost 96
percent in the past 12 months, the worst-performing stock among
73 members of the Brazilian benchmark Ibovespa Index. The stock
dropped 26 percent to a record low 17 centavos at 11:08 a.m. in
Sao Paulo. Companies that file for bankruptcy protection will
have shares suspended, the Brazilian exchange operator said in a
statement last month.
Batista asked bondholders to convert debt into equity,
diluting his role in the company, two people with direct
knowledge of the matter said Sept. 9. OGX’s $2.56 billion in
bonds due in 2018 trade at 8.15 cents on the dollar.
Spillover Risk
“What the market is telling me is they don’t have a lot of
faith even for bond holders to get money back,” Robbert Van
Batenburg, director of market strategy at Newedge Group in New
York, said by phone. “There’s a risk of a spillover - whether
creditors are trying to pursue legal actions against other
companies in Batista’s group.”
OGX continues to review debt restructuring options, it said
in yesterday’s statement. The company, which expects to run out
of cash in the last week of December, needs about $250 million
to sustain operations through April, it said in an Oct. 23
presentation to Rothschild, the adviser hired by bondholders.
“New capital from either debt or equity financing is
required to bridge near-term liquidity in the first quarter of
2014,” OGX said in the presentation posted yesterday on its
website. “OGX is evaluating a number of farm-out opportunities
to fully fund the mid- to long-term business plan.”
The company’s cash fell to about $82 million at the end of
September, it said in a separate document dated Oct. 7 and
posted on its website yesterday.
Supplier Debt
OGX has an enterprise value of $2.72 billion in a “base
case operating model”, the company said. That’s more than seven
times OGX’s market value of 776.6 million reais ($357 million).
The company has been building arrears with suppliers.
Diamond Offshore Drilling Inc., a rig supplier to OGX, said Oct.
24 it wrote off $58 million from second and third quarter
earnings on missed payments. Ensco Plc, another supplier, said
on the same day that OGX’s “deteriorating” financial situation
curbed its third-quarter profit.
“Payments are only made to critical vendors who currently
perform services at the Martelo field to get first oil
production up and running,” OGX said in the Oct. 7 document,
titled “Project Olympic.”
The suppliers claims amount to $546 million, OGX said in a
September presentation also posted on its website yesterday.
Missed Payment
The oil company missed a $45 million payment on Oct. 1,
prompting Standard & Poor’s to assign a default rating to $1
billion of bonds. Moody’s Investors Service and Fitch Ratings
are giving OGX the 30-day grace period before calling a default.
The grace period expires tomorrow.
Earlier this month, two people with direct knowledge said
OGX was considering filing for bankruptcy protection late
October or early November. Once a judge accepts a filing, the
company would have 60 days to present a restructuring plan.
OGX risks having the country’s oil regulator revoke its 30
oil and natural gas licenses in Brazil if it files for
bankruptcy, according to Sao Paulo-based TozziniFreire
Advogados, a law firm that has clients in the oil industry.
The oil regulator, known as ANP, said by e-mail yesterday
that the company would be allowed to keep its blocks under
bankruptcy protection provided it has the funds to operate them.
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--Editors: James Attwood, Robin Saponar
To contact the reporters on this story:
Cristiane Lucchesi in Sao Paulo at +55-11-3046-2017 or
clucchesi5@bloomberg.net;
Peter Millard in Rio de Janeiro at +55-21-2125-2531 or
pmillard1@bloomberg.net;
Juan Pablo Spinetto in Rio de Janeiro at +55-21-2125-2519 or
jspinetto@bloomberg.net
To contact the editor responsible for this story:
James Attwood at +56-2-2487-4019 or
jattwood3@bloomberg.net