UPDATE 2-UK judge approves landmark Car Wash restructuring

Tue Aug 11, 2009 12:37pm EDT
 
[-] Text [+]

* Landmark ruling on IMO Car Wash blow for junior lenders

* Financiers watching case closely for future deals

* Should help senior lenders take control of troubled firms

(Adds industry comments, details)

By Tom Freke

LONDON, Aug 11 (Reuters) - A group of senior lenders won court approval to take control of British car cleaning company IMO Car Wash on Tuesday in a landmark ruling that junior lenders fear will weaken their hand in future restructuring cases.

Distressed debt and mezzanine investors packed into a cramped London courtroom to be told that IMO's senior lenders could take ownership of the company, despite objections of lower-ranked mezzanine lenders owed about 90 million pounds ($148.5 million).

"This is an example of where a steep fall in the value of a business leaves junior creditors under a rising tide," said Karl Clowry, a restructuring partner at Paul Hastings.

Mezzanine lenders objected to the scheme partly because of the low valuation of the company used by the senior lenders, including Lloyds Banking Group (LLOY.L), who are owed just over 300 million pounds.

The judgment, after three days of hearings, gives a "clear indication" of the view of the courts when valuing distressed assets in restructurings, said Paul McLoughlin, a restructuring partner at law firm Lovells, adviser to the senior lenders.

DUSTING OFF PLANS

Senior lenders will now dust off plans to take control of other firms through similar schemes of arrangement, a distressed-debt investor source said.

Many companies, particularly those owned by private-equity companies bought through leveraged buyouts, have large amounts of senior debt, meaning those lower down the capital structure may be squeezed out through restructurings, the investor said.

"This may end up being disastrous for junior lenders, as their leverage in restructurings has gone. It's back to the old days of senior lenders calling the shots," he said.

Mezzanine lenders to IMO Car Wash, which include Partners Group (PGGO.L), failed to persuade the judge that senior creditors' valuation of IMO was too low and the company would be better served without the proposed debt restructuring.  Continued...

 

More News

UPDATE 3-Deals of the day -- mergers and acquisitions
Tuesday, 11 Aug 2009 04:00pm EDT 
Bankers seek London panel to referee debt workouts
Monday, 10 Aug 2009 07:02am EDT 

Featured Broker sponsored link

Editor's Choice

A selection of our best photos from the past 24 hours.  Slideshow 

Most Popular on Reuters

  • Articles
  • Video