RELEVANT INFORMATION
BANKRUPTCY COURT APPROVES AVIANCAS MOTION SEEKING
CERTAIN PRELIMINARY DOCUMENTS RELATING TO EXIT DEBT FINANCING
As per the material fact published on July 22, 2021 and in the context of Avianca Holdings S.A.s (Avianca or the
Company) Chapter 11 proceedings, the Company, informs that the Bankruptcy Court approved the terms of, and the Companys entry into and performance under,
DIP-to-exit facility commitment letters, as well as the Companys incurrence, payment and allowance of obligations thereunder as superpriority administrative
expenses.
The Bankruptcy Courts order represents a first step toward future approval of Aviancas exit debt financing. Next, Avianca will, by
separate motion, seek approval of an amendment to its existing DIP documents to provide for two new tranches of loans or notes, which would refinance in full its existing $1.4 billion Tranche A DIP obligations, provide approximately
$220.0 million in additional liquidity and convert into long-term debt financing upon Aviancas emergence from Chapter 11, upon the satisfaction of certain conditions.
The commitment letters for which Avianca sought approval represent the first tangible result of Aviancas exit financing marketing process, which
commenced in April 2021. As a result of discussions with investors, Avianca has now obtained two financial commitments for replacement DIP financing and long-term financing upon Aviancas emergence from Chapter 11. As disclosed on
July 22, 2020 the two tranches have slightly different commercial terms, and would combine to replace the existing Tranche A.
Further to our
disclosure to the market on May 20, 2020, April 14, 2021and July 22, 2021, at this stage of the process, it is still not possible to know (i) whether other third parties, creditors or shareholders will contribute new capital, or
if the value of the shares of the Company (ordinary and/or preferred) will be diluted and, to the extent such is the case, the extent of such dilution; or (ii) whether the Company or any of the Companies will be liquidated. In any event, U.S.
law imposes upon the Companies a priority order (known as the absolute priority rule) to pay claims existing before the restructuring proceeding filing date. Generally, the value of the Companies must be directed (i) first, to
satisfy secured claims, up to the value of the collateral securing such claims; (ii) second, to satisfy unsecured priority claims; (iii) third, to satisfy non-priority unsecured claims; and
(iv) fourth, to shareholders of the Companies. Generally, a particular class of claims may not receive any distribution until all claims senior to such class have been paid in full. It is likely that the Companys shareholders (including
ordinary shareholders and preferred shareholders) would not receive any distribution under a plan of reorganization or otherwise, unless the claims of the other classes of creditors of the Company senior to the shareholders have been satisfied in
full. As a result of the foregoing, under the Chapter 11 Plan, the shareholders of the Company may be diluted, or the value of their shares reduced to zero, due to the decrease in equity of the Company attributable to the Companies liabilities
to third parties and creditors, as well as the injection of capital by new investors pursuant to the Chapter 11 Plan.
Forward-Looking Statements
Avianca has included statements in this press release that constitute forward-looking statements. As a general matter, forward-looking
statements are those focused on future or anticipated events or trends, expectations and beliefs, including, among other things, the Companys expectations with respect to its Chapter 11 proceedings, the airline industry and the further impacts
of the COVID-19 pandemic. Such statements are intended to be identified by words such as believe, expect, intend, estimate, anticipate,
will, project, plan and similar expressions in connection with any discussion of future operating or financial performance. Any forward-looking statements are and will be based upon the Companys then-current
expectations, estimates and assumptions regarding future events and are applicable only as of the dates of such statements. Readers are cautioned not to put undue reliance on such forward-looking statements.
Forward-looking statements in this press release are not guarantees of future performance and involve risks and uncertainties, including with respect to the
Chapter 11 process, related negotiations and hearings before the Bankruptcy Court, as well as the COVID-19 crisis. Actual results may differ materially from those projected in this press release for numerous
reasons, including factors outside of the Companys control. The Company expressly disclaims any obligation to update or revise this press release, including any forward-looking statements, whether as a result of new information, future events
or otherwise.