This is very quickly devolving into madness. The reason why this is occurring is because of a delay in their 10-k. Pricewaterhouse, their auditor, knows its history and how Enron completely destroyed Arthur Anderson. I remember it vividly, having had several senior partners as long term clients who were without occupation shortly after the Enron scandal forced the SEC to shut down the legendary accounting firm.
Whatever is printed on that annual report will be etched in granite. Both accounting firm and management at Valeant will be responsible for its contents and its merits. If fraud is being undertaken and PWC signs off on the final 10k before Valeant’s demise, they will be Enron’d too.
Hence, people are nervous about the delay. Subsequently, the shares are plunging again, down 8%, as this delay is giving creditors the ability to twist Valeant’s arm and potentially impose harsh conditions.
Via Reuters:
The risk of default has offered creditors an opportunity to attempt to renegotiate core elements of their agreements with Valeant, potentially saddling the company with higher costs of debt and more restrictions on how it deploys capital, according to people familiar with the matter.
The sources could not speak on the record because they were not authorized to talk to the media.
“This very quickly dematerializes from a growth story into a company that’s really standing still, just looking to right its capital structure,” said Jim Sanford, portfolio manager for Sag Harbor Advisors, which does not hold Valeant shares. “There’s not a lot of equity and market cap to go to, to issue equities and convertible bonds against.”
Under its loan agreements, Valeant has until March 30 to file audited financial reports. If it fails to do so, it then has 30 days before lenders can demand accelerated repayment.
Valeant said it would meet with banks next week and ask them for an extension on the deadline. On Tuesday, Chief Executive Michael Pearson said that his best estimate for filing the annual report was April, but that he could not guarantee it.
In anticipation of those meetings, owners of Valeant’s senior bank loans are reaching out to investment banks, including Barclays, who will help mediate the negotiations, the sources said. Barclays did not immediately respond for comment.
The informal discussions are in early stages and the demands could change, the sources said. The lenders’ demands include higher interest payments and a pledge to pay a larger amount of the bank loans from the proceeds of any Valeant asset sales, the sources said. They would not provide names of specific lenders.
Under Valeant’s covenants, the company can sell up to 4 percent of its total assets per fiscal year and use the proceeds to pay down bank debt, Justin Forlenza, an analyst at Covenant Review in New York, said in an interview. The company can also carry unused capacity over from one year to the next to increase the potential amount of assets sold to 8 percent, he said.
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