Restructuring Commercial Real Estate Retail Concept Developer
Debt: $560,000,000
Situation
- Client was in various stages of development with eight distinct properties each structured as a separate LLC. Properties included over 3 million square feet developed and leased and nearly 5 million square feet of undeveloped land in the southwest.
- 11 bank institutions financed these properties with over $560,000,000 of senior and subordinated loans.
- Select properties included joint venture equity partners.
- Various phases of construction from undeveloped land to nearly complete to fully leased up properties. Estimate to complete matters complicating the dynamics.
- Client's tenants were national retailers some which filed Ch. 11 bankruptcy.
- Principals/Owners had guaranteed the collective indebtedness beyond their personal means.
- Various properties were experiencing a series of both technical and cash defaults.
- Maturity dates cascading over the following 18 months.
- Valuations of most properties were below debt levels on both an appraised and market basis.
Purpose of Engagement
- Acting as Financial advisor to Debtor.
- Worked with restructuring counsel to develop and implement a refinancing and bankruptcy strategy (if needed).
- Developed a bank negotiating strategy including prioritization strategy which identified creditors to restructure thus building momentum to comprehensive solution.
Advice Provided
- Provided advise both an individual property level and portfolio level that addressed issues as:
- Deficiencies
- Covenant triggers;
- Initial paydowns;
- Cross collateralization issues;
- Pledging of profit interests;
- Go forward borrowing costs – minimizing LIBOR impact;
- Guarantee minimization matters
- Generated a five year financial plan designed to address property specific and portfolio level matters including covenant triggers, paydown matters, and cross defaults.
Results
- Avoided bankruptcy, which was a client preference throughout the negotiations.
- Negotiated stand-still agreements with the host of creditors allowing for a comprehensive restructuring program to be developed and implemented.
- Negotiated refinancing agreements for each property which included five year extensions through 2014.
- Minimized upfront remargin payments to preserve adequate capital resources to support, sustain, and optimize property performance through exit.