I dunno. The deal doesn't look so hot to me. What's your opinion on the recent bondholders' action?
Matthew Ingram's column in today's Globe & Mail:
Hurricane Isn't Rescued Just Yet
MATHEW INGRAM
Thursday, October 14, 1999
Calgary -- Two weeks after taking the helm of ailing producer Hurricane Hydrocarbons, oil patch veteran Bernard Isautier has managed to hammer out a deal to merge with the company's partner in Kazakstan, a local oil refinery -- a merger many have seen as the Holy Grail for the Calgary company. But if Mr. Isautier thinks the hard part of trying to salvage Hurricane is over, he's in for a surprise. The company's creditors appear to be planning to fight the deal tooth and nail, and may even try to force the company into bankruptcy.
Several representatives of the company's bondholders took the opportunity during a conference call on Tuesday to berate Mr. Isautier for the company's current restructuring plan, which effectively proposes that Hurricane be allowed to continue operating and merge with the refinery. The merged entity would pay the arrears on $180-million worth of debt over a period of time, the plan says, and then resume the payments on its debts as usual.
Mr. Isautier, a genteel French-born former civil servant and former CEO of Canadian Occidental Petroleum, obviously hoped that the conference call would be an occasion for rejoicing among the relatively small group of market watchers who haven't yet written Hurricane off as a loss. He said the deal with the Shymkent refinery would allow the company to return to profitability and recapture some of its former glory as a stock market darling.
At least some investors seem to have bought Mr. Isautier's sales pitch since he joined the company: Hurricane's shares have climbed dramatically, after bottoming out at about 27 cents late last month. They traded as high as $1.85 yesterday, and are up more than 300 per cent since the new restructuring plan was presented in court on Sept. 27 (Hurricane is currently protected from its creditors under the Companies' Creditors Arrangement Act).
The apparent joy of the company's shareholders, however, is matched by the vituperation of Hurricane's bondholders, who were just inches away from taking complete control of the company last month. A plan the company drew up, and even announced in a press release, would have seen the creditors of the company take over 97 per cent of Hurricane's common equity in exchange for their bonds. The plan was never presented in court, however -- instead, the company went ahead with its merger plans with the Shymkent refinery.
In response, a group representing 73 per cent of Hurricane's bondholders put forward a petition late last week asking that CCAA protection be removed so the company could be forced into bankruptcy. Mr. Isautier said in the conference call that this was before the merger deal with the refinery came together -- but a spokesman for one group of bondholders said during the question-and-answer period of the call that the merger and the associated plan to resume interest payments had not really changed anything.
The spokesman rebuked Mr. Isautier for doing a deal when he said the company "fundamentally does not have the support of its creditors." He said Hurricane "had an agreement and cancelled it two days before it was to be filed, and replaced it with a plan that, to be generous, I would call a complete joke." He and other bondholders asked why, if the new company's future was so rosy, Hurricane wasn't prepared to buy back their bonds.
When one bondholder complained that his notes were trading for pennies on the dollar, a clearly irritated Mr. Isautier departed from the carefully scripted part of the conference call. "If you want to sell your bonds, I might be interested personally," he said. "What's your bid?" the bondholder replied, half-jokingly. "Give me a call," Mr. Isautier responded. Later on in the conference call he repeated this unusual offer, saying to those "who think their bonds are not worth very much, I am a buyer, and big."
Mr. Isautier also said he thought the proposal to give bondholders 97 per cent of the equity was "childish," and that he had tried to come up with a solution that pleased everyone -- but that didn't please anyone too much. He tried to do the same thing with the merger, he said, in which Hurricane will control a majority of the merged company's equity while Kazkommertsbank, the owner of the Shymkent refinery, will own about 27 per cent. A proposal made earlier this year and then later retracted by Hurricane would have seen the privately held Kazak bank own about 49 per cent of the merged company.
Mr. Isautier -- who first got involved with Kazakstan while at Canadian Occidental, when his company formed a partnership with Hurricane to develop its oil field -- tried to put a brave face on his current plan to skate out from under the Calgary company's debt problems. But there will be a lot more fancy footwork required before Hurricane can make it to the bright future Mr. Isautier seems so convinced is just down the road.
Business West readers can reach Mathew Ingram by fax at (403) 244-9809 or by E-mail at mingram@globeandmail.ca |