By Mike Spector, Kate Haywood and Aparajita Saha-Bubna
CIT Group Inc. (CIT) has prepared a prepackaged bankruptcy in
the event its proposed debt restructuring doesn't get the required
bondholder participation, said two persons familiar with the
matter.
The details of the prepackaged bankruptcy will be shared with
investors along with the debt restructuring plan, said the people
familiar with the matter. Investors will have to decide whether to
tender their bonds or to take their chances in bankruptcy court.
They also have the option to vote on the prepackaged
bankruptcy.
The struggling lender has previously warned investors that a
bankruptcy filing as a means of restructuring the company is one
option for CIT.
"A threat isn't a threat unless you're willing to follow
through," said one of the people.
The embattled lender to nearly a million small and midsize
businesses is readying a sweeping exchange offer to bondholders
holding about $31 billion in debt, these people said. The exchange
would aim to get bondholders to push out their maturities and
exchange existing debt for new secured debt and equity in a
restructured company.
At the same time, CIT is also soliciting approval from
bondholders for a prepackaged bankruptcy, a move the company is
prepared to make if the exchange offer fails, these people said. In
bankruptcy, companies are on solid legal footing to get a plan
approved if creditors holding at least two-thirds of outstanding
debt agree.
One person described the approach as "two roads" toward
deleveraging CIT's balance sheet. Another person said the company
remained concerned about "holdouts" in the exchange offer. An
exchange is "the best way to do" the restructuring, this person
said, but if bondholders "don't want to do it that way, [CIT will]
do it the other way."
As part of the plan, CIT will also seek other new financing to
make sure the company "has plenty of liquidity" to operate and
potentially refinance some secured debt, one of the people said.
That new financing could total around $3 billion or $4 billion,
other people familiar with the matter have said.
Another person familiar with the matter said CIT likely wouldn't
roll out the debt-exchange offer and prepackaged bankruptcy
solicitation until late Thursday night.
CIT is still considering selling assets, but any sales would
likely be explored after the company's restructuring, a person
familiar with the situation said.
A bankruptcy filing presents considerable risk for CIT, as
financial companies have struggled to stay afloat in Chapter 11
amid anxiety from customers. But CIT hopes to solicit enough
approval for a bankruptcy plan that would get it in and out of
court quickly, people familiar with the matter said. A separate
person familiar with CIT's plans said the company would aim to get
in and out of bankruptcy in one to two months. This person said a
prepackaged bankruptcy filing would be "surgical" and "the
antithesis of Lehman Brothers."
CIT's balance sheet is weighed down by some $54 billion in total
debt. The company's fortunes turned sour amid the recent credit
crunch and a "junk" credit rating, which cut off the company's
ability to raise money through bonds and short-term debt called
commercial paper. Meanwhile, CIT had made bad bets on real-estate
and commercial loans, leaving it without needed cash to meet
looming debt obligations.
CIT's practice of raising money from debt markets to lend to
customers became increasingly untenable amid high costs for such
funds and an inability to charge similar rates on its loans. CIT's
profit margins faltered and the company tapped $2.3 billion in
capital from the government's Troubled Asset Relief Program.
The company's crisis reached a fever pitch over the summer, when
the government determined the company's failure wouldn't
significantly roil the fragile economy. The Federal Deposit
Insurance Corp. denied CIT access to a loan guarantee program that
would have allowed the company to charge lower interest rates on
its bonds.
CIT scrambled to revamp its balance sheet with debt payments
coming due. A group of bondholders gave CIT $3 billion in rescued
financing on the condition it present a restructuring plan by Oct.
1.
- By Mike Spector, The Wall Street Journal; 212-416-2572;
mike.spector@wsj.com
- By Kate Haywood, Dow Jones Newswires; 212-416-2218;
kate.haywood@dowjones.com
- By Aparajita Saha-Bubna, Dow Jones Newswires, 617-654-6729;
Aparajita.Saha-Bubna@dowjones.com