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Chrysler Lenders Tried Obama's Patience, Lost Game of Chicken

by: Julianna Goldman and Linda Sandler  |  Bloomberg News

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Speaking yesterday at the White House, President Obama announced that Chrysler will file for bankruptcy. (Photo: Getty Images)

    President Barack Obama thanked everyone from unions to executives for working to keep Chrysler LLC alive while blaming "a small group of speculators" for forcing the automaker into bankruptcy.

    "A group of investment firms and hedge funds decided to hold out for the prospect of an unjustified taxpayer-funded bailout," Obama said yesterday in Washington before Chrysler filed for bankruptcy protection.

    Now, the government and Chrysler plan to use bankruptcy to compel the dissidents, all secured creditors, to go along with a plan to create a more viable carmaker in partnership with Italy's Fiat SpA. In lashing out at the holdouts, Obama is attempting to rally the public behind his efforts to rescue the automaker, said Stuart Rothenberg, a Washington-based political analyst.

    "In the real world, you have good guys and bad guys, and at the moment, auto executives, hedge-fund managers and bankers are all in the bad-guy category," said Rothenberg. "He wants to be the guy who's solving the problems and wants to make it clear who's causing the problems."

    An anonymous group of 20 Chrysler lenders calling itself the "Committee of Chrysler Non-Tarp Lenders" said in a statement yesterday that they'd been treated worse than junior creditors during negotiations in violation of "long-recognized legal and business principles." They said they were owed $1 billion.

    OppenheimerFunds, Stairway

    The dissidents included OppenheimerFunds Inc., Perella Weinberg Capital Management LP and Stairway Capital Advisors, a person representing the group said, asking not to be identified. Also in their camp is Group G Capital Partners LLC, said another person who declined to be named.

    After the president's comments yesterday, Perella said it had agreed to the buyout offer.

    Obama's team had first offered secured lenders $2 billion for their $6.9 billion in loans, and then raised the offer to $2.25 billion. In a game of chicken, the holdouts asked for $2.5 billion, and Obama's patience ran out.

    "They were hoping that everybody else would make sacrifices and they would have to make none," Obama said. "Some demanded twice the return that other lenders were getting."

    Banks including JPMorgan Chase & Co., Citigroup Inc., Morgan Stanley and Goldman Sachs Group Inc. lent Chrysler $6.9 billion, reselling some of their secured loans at discounts to investors. Chrysler took a $4 billion bailout loan from the U.S. Treasury and was racing to reduce debt to meet a government deadline for more aid, after workers agreed to give up $10 billion in future pension benefits.

    Deadline Ignored

    While lenders representing 70 percent of the Chrysler loans agreed to Obama's offer of $2.25 billion in cash, the dissidents ignored a deadline of 6 p.m. on April 29, according to one of the investors who declined to be named.

    Many dissidents paid from 50 cents to 70 cents on the dollar for their Chrysler loans, so they're sitting on losses, according to people familiar with the matter.

    Ronald E. Kolka, Chrysler's chief financial officer, said in a court filing that the first-lien debt is trading at about 15 cents on the dollar in the secondary market.

    Chrysler, with about 54,000 employees, listed assets and debt of more than $1 billion in documents filed in U.S. Bankruptcy Court in New York. As of Dec. 31, Chrysler companies had assets of about $39.3 billion and liabilities of $55.2 billion, according to court filings.

    Dan Arbess, a partner at New York-based Perella, didn't return calls seeking comment. John Rijo, principal of Uniondale, New York-based Stairway, and Group G Capital Chairman Geoffrey Gwin declined to comment.

    Greater Sacrifices

    OppenheimerFunds, based in New York, said it rejected the offers because the government "unfairly" demanded that the fund's shareholders make greater sacrifices than were being asked of unsecured creditors.

    "Our holdings in secured Chrysler debt are entitled to priority in long-established U.S. bankruptcy law, and we are obligated to our fund shareholders to support agreements that respect these laws," the company said in an e-mail.

    In the deal Chrysler tried to conclude out of court, Fiat would have become a 20 percent owner of Chrysler, and a union retiree health-care trust fund would hold 55 percent, with the rest of the company staying in the government's hands initially, according to people familiar with the matter. The government intends to replicate this model, using bankruptcy to set up a new company, people familiar with the plan said.

    "Absolute Priority"

    Chrysler's dissident lenders have on their side the "absolute priority" bankruptcy rule, which holds that value must be distributed according to the legal priorities of the stakeholders. What riled the group that put out the statement yesterday was that junior creditors - a workers health-care trust - would get equity in a new Chrysler entity while the group's members wouldn't.

    "Junior creditors are ordinarily not entitled to anything until senior secured creditors like our investors are repaid in full," the dissidents said in the statement.

    The absolute priority rule is regularly modified in bankruptcy court, said Richard Hahn, co-chairman of the bankruptcy practice at Debevoise & Plimpton LLP, a New York law firm that isn't involved in the Chrysler negotiations. Two-thirds of the lenders can force the holdouts to go along with them in a procedure called a cram-down.

    Cram-Down

    "The U.S. bankruptcy code foresees the possibility that it may be necessary to vary from absolute priority, in particular when a two-thirds majority is convinced it makes legal or business sense," Hahn said. "If the government has consents from 70 percent, that's more than enough" to give equity to junior creditors.

    The dissidents "may be calculating that they can get more money by waiting a bit longer," Hahn said. "Presumably they will file objections in court. The issue is less whether they'll win than whether they can cause a meaningful delay that may cause Chrysler or the government to come to an accommodation."

    As they engage in that next game of chicken, the dissidents may receive more of the public condemnation they got yesterday from Obama and from lawmakers including Representative John Dingell, a Michigan Democrat.

    "The rogue hedge funds that refused to agree to a fair offer to exchange debt for cash from the U.S. Treasury - firms I label as the 'vultures' - will now be dealt with accordingly in court," Dingell said.

    -------

    The case is In re: Chrysler LLC, 09-50002, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

  

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Comments

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Oppenheimer is being sued by

Oppenheimer is being sued by the State of Oregon for putting a state-sponsored college savings 526 (or 529, whichever it is) fund's investments into high-risk instruments without notifying the State Treasurer and contrary to the investment management agreement. The funds lost around 35% in the last year. My guess is they're too much akin to the Madoff group, and they're gonna lose in court on the Oregon deal. Hopefully, the vultures will be put out of business.

I'm a failed business in a

I'm a failed business in a country that happens to idolize cars and for that matter any motorized transportation with wheels, and no matter how crappy my product is I feel like some sort of prince of something: of cheap and fast transportation, of the "rolling living room", of the largest fleet of caffeinated moms in the world, or some such thing. I've failed to read the writing on the wall, as a company. I've waved off making a product with any semblence of efficiency, energy or otherwise. My product gives out waaaay before others that are similarly priced, but I live and work in a country that places more importance on a good line than a good product, and well, I don't really have either one. And John Dingell knows it. Let's face it, if Chrysler doesn't make it, we'll celebrate at the funeral.

What we see these days is

What we see these days is the top of an iceberg, the culmination of a long development in the money-system of the west. Over the years the mafia has gone increasingly into mainstream business with their money, maybe first in order to launder it but later for business' sake. Unfortunately they did not leave their thug mentality at the doorstep. Much of the troubles we see in the US business world has its origin in the mobster circles, where playing by society's rules never was part of their game. Thus respected companies were eaten from within and everything honourable about them is gone. The name Oppenheimer is disgraced forever. If that had been my family name I would change it.

I would be more willing to

I would be more willing to believe that the unions are mafia than big business. After all it was union threats over the years, to auto makers, that got the american auto makers in the mess they are in. Not that the management should have caved in to the irresponsible requests of the unions, but they had little support from the public as the public would rather pay the higher prices for auto than go against organized labor. It did seem healthier.

What conservative Republican

What conservative Republican right gives 'senior' hedge fund lenders--who can AFFORD waiting-- an absolute priority rule over a workers health care fund that cannot have the luxury of waiting??If PrincessDiana was the 'People's Princess' maybe it is time the US has a 'PEOPLE'S PRESIDENT' for a change.

So Ray Wright believes that

So Ray Wright believes that he "would be more willing to believe that the unions are mafia than big business." Ahh, not a stretch to say that Ray is against EFCA, too. Rather than realize that unions allow the middle class workers to prosper he prefers to call them selfish. Well, big business cares little for the workers. They ensure that the executives benefit to the exclusion of the workers. This applies to ALL industries it seems. Selfish indeed.

Nov2008,went to purchase a

Nov2008,went to purchase a car,& though we were the only clients on salesfloor @ 1600hrs, we were told the prices were not coming down and 'not to worry because the price of gas is down again..'!!Waiting for the bailout. We could not believe it. The energy leaders promised lots fuel at low cost+ auto industry built BIG suvs to get more profit on a bigger product[remember the Kcar? Reagan removing the solar panels from the WH?]+ bigger profits + more fuel income = +taxes +revenue$ for the politicians & insurance companies-->these are the influencing factors & not the labor/mafia RWright says.Who pays your heathcare & pension?

Without unions US workers

Without unions US workers might still be working twelve hours days, seven days a week, with no overtime pay and unsafe working conditions, and they have little to do with the demise of the US auto industry whose leaders saw fit to produce gas-guzzling monsters that less and less people in the US want and even fewer people overseas want or can afford. I know most of you know this but some people accept propaganda without doing the critical thinking and research necessary to inform themselves. Vote Republican, it's easier than thinking!