Mar 27 2024, 08:53
IL&FS seeks NCLAT nod to sell insolvent companies with haircut, without shareholders' approval:
In this process, "lenders, as well as shareholders, would anyway have to take a haircut for their
respective debt/ and equities," IL&FS said, adding that it would also ensure the revival of such
entity, balancing the interests of stakeholders.
IL&FS group has approached the NCLAT to seek permission to sell its stake with a "haircut" and without shareholders' approval in its companies, which are insolvent with unsustainable debts and placed under the Category II list of resolution framework. The government sought time to file a reply from the National Company Law Appellate Tribunal (NCLAT) in the last hearing earlier this week over IL&FS' interim application to sell a stake in group entities falling under Category II, whose highest bid amount was lesser than their debts.
In this process, "lenders, as well as shareholders, would anyway have to take a haircut for their respective debt/ and equities," IL&FS said, adding that it would also ensure the revival of such entity, balancing the interests of stakeholders.
The resolution of such companies is in line with the process followed under the Insolvency & Bankruptcy Code, where the requirement of seeking consent from shareholders is dispensed with, IL&FS has submitted.
"Writing down shareholding will be commercially feasible and viable as the new bidder will be able to exercise complete control over the entity, without any interference from the previous management."
This will enable a final resolution for the entity, "keeping in mind complexities of the IL&FS group, the need to balance the interest of all stakeholders, value maximisation of assets and larger public interest involved".
IL&FS, which had a debt burden of Rs 94,000 crore at the time of crisis, is currently going through asset monetisation, under a resolution framework approved by the NCLAT, which also has a mechanism for the distribution of the sale proceeds.
The resolution framework has divided the sales companies into two categories.Those companies in which bidders are willing to take financial and operational liabilities have been placed in Category I.
However, the companies where the financial bid amount offered is lower than their liability have been put under Category II companies.
For Category II companies, "the financial bid value received in respect of that sale company would be distributed to the creditors of that Sale Company for their admitted
claims existing as of the Cut-Off Date," IL&FS said, adding that it will result in the
extinguishment of 100 per cent debt liabilities of the sale company.
source:et
Mar 28 2024, 07:13