23 March 2009 MARKET UPDATE: SETTLEMENT WITH BONDHOLDERS
Further to its announcements dated 10 February 2009, 17 February 2009 and 3 March 2009, Lynas Corporation Limited (“Lynas”, ASX:LYC) has agreed terms with all of its bondholders for settlement of all claims concerning the US$95 million convertible bond facility.
The total amount in the escrow account will be disbursed as follows: Bondholders: US$91,000,000 Lynas: US$4,886,763.49 Total: US$95,886,763.49
Settlement involves a release of all claims. Some settlements were completed on Friday evening and it is expected that the remaining settlements will occur early this week. The total potential claims against Lynas included the following approximate amounts: Bond Principal: US$95,000,000 Accrued Interest: US$6,000,000 Costs: US$500,000 Total: US$101,500,000
Lynas asserted that the conditions to release of the US$95 million escrowed funds to Lynas were satisfied prior to 31 January 2009. However, it became clear that the bondholders were not willing to agree to release the escrowed funds to Lynas.
The Supreme Court of New South Wales proceedings initiated by one bondholder whose bonds had a face amount of US$15 million will be dismissed. Those proceedings were referred to in the Lynas announcement dated 3 March 2009. In addition, all of the convertible bonds will be cancelled.
Lynas decided that it was in the best interests of the company to settle all claims concerning the convertible bonds, rather than becoming involved in lengthy and costly litigation. Importantly, settlement will also lead to a release of the securities held over the project assets of the Lynas group, enabling Lynas to move forward with discussions concerning potential replacement financing.
The total cash at bank of Lynas as at 17 March 2009 (excluding the amount of US$4,886,763.49 referred to above) was approximately A$36,799,900.00. A significant portion of this amount is committed to suspension costs in respect |