The committee of bondholders owning 51% of notes secured with key assets of Bulgarian steel maker Kremikovtzi has filed an appeal against the decision by the Sofia City Court dated 6 August 2008 which declared the date of the company's insolvency as 31 December 2005, said the PR agency of the committee.
On July 21, 2008, the English High Court gave judgment for the full amount of the Bonds plus accrued interest and fees against Kremikovtzi in favor of the Bondholders, said the statement.
The ruling of the Bulgarian court adjudicated the steel maker insolvent and started a bankruptcy procedure.
However, the insolvency date set by the court precedes the placement of the bonds by five months.
Under Bulgarian legislation, the bondholders may end up having no cognizable claim over the furnished bond security which consisted of blast furnaces, a coke production line and a continuous casting line.
In their statement, the bondholders said they are concerned that the erroneous findings of the Sofia City Court, namely that Kremikovtzi’s insolvency preceded the issuance of the Bonds, appear to have been made with the express intent of depriving Bondholders of their contractual rights and claims, to the benefit of parties wishing to purchase the company’s assets at unfairly low values.
In the statement, bondholder Jeremy Blank of York Capital Management, speaking on behalf of the Bondholder committee, roundly denounced the Court’s decision, 'For the Court’s decision to be correct, it would mean that the government supported the issuance to international investors of a very substantial amount of debt by an insolvent company.
'If the Court’s decision holds, Bondholders will look to recover any losses suffered by them from parties involved in the Note issue,' Blank is quoted as saying in the statement.(Dnevnik)
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