SPECIAL
MASTER ANNOUNCES SETTLEMENT OF 15-YEAR BATTLE
BETWEEN ARGENTINA
AND “HOLDOUT” HEDGE FUNDS
Daniel
A. Pollack, Special Master appointed to preside over settlement negotiations
between the Republic
of Argentina and its
“Holdout” Bondholders, this morning issued the following statement:
“It
gives me greatest pleasure to announce that the 15-year pitched battle between
the Republic of Argentina and Elliott Management, led by Paul E. Singer, is now
well on its way to being resolved. The parties last night signed an
Agreement in Principle after three months of intense, around-the-clock
negotiations under my supervision. The Agreement in Principle, if
consummated, will pay NML Capital Ltd, the fund managed by Elliott, and several
other funds of other managers who had sued alongside NML, the aggregate sum of
approximately $4.653 billion dollars to
settle all claims, both in the Southern District of New York and world-wide.
This is a giant step forward in this
long-running litigation, but not the final step. The Agreement in
Principle is subject to approval by the Congress of Argentina and,
specifically, the lifting of the Lock Law and the Sovereign Payment Law,
enacted under an earlier Administration and which would bar such
settlements. Thereafter, Argentina
contemplates a capital-raise in the global financial markets, which would be
used to fund the payments. The four “holdout” Bondholders who are
signatories to this Agreement in Principle,have agreed not to attempt to attach
or otherwise interfere with that capital-raise. Upon payment, the Injunctions
entered several years ago against Argentina by Judge Thomas P. Griesa
would automatically dissolve if Judge Griesa’s Indicative Ruling of February 19
is converted into a final Order vacating the Injunctions. The parties have
agreed to take all steps necessary to cooperate with me in my capacity as
Special Master and with each other to effect a consummation of the Agreement in
Principle and a termination of the litigation. It is hoped by the parties
that all necessary steps can be taken in a period of six weeks. The
Agreement in Principle, if consummated, will pay the Funds managed by Elliott
Management, Aurelius Capital, Davidson Kempner and Bracebridge Capital, 75% of
their full judgments including principal and interest, plus a payment to settle
claims outside the Southern District of New York and certain legal fees and
expenses incurred by them over a 15-year period.
There
are many people who have devoted untold hours or special talents, or both, to
making this settlement possible. Foremost among them is Hon. Thomas P.
Griesa, the Federal Judge who presided over all cases in re Argentina
Debt Litigation for 15 years. Others entitled to greatest credit are
President Mauricio Macri of Argentina, who immediately upon his election in
November, set about to change the negative course that the Republic had steered
in this litigation, and his Secretary of Finance Luis Caputo, who led the
delegation that met with me in my capacity as Special Master and with the
“holdout” Bondholders for countless hours, with patience, good will and
intelligence. He was ably assisted by Santiago Bausili, Under Secretary
of Finance. Also involved as important decision-makers for Argentina were: Alfonso Prat-Gay,
Minister of the Economy, and Marcos Pena and Mario Quintana, the Chief and Vice
Chief of the Cabinet. Their course-correction for Argentina was nothing short of
heroic. On the “holdout” hedge fund side, Paul
E. Singer was the central figure who involved himself intensely with me over
the past several weeks on behalf of the “holdout” Bondholders. He was a
tough but fair negotiator. His second-in-command, Jon Pollock, also made
a key contribution to the success of the negotiations. All of the senior
principals of the “holdout” hedge funds demonstrated vast talent. No
party to a settlement gets everything it seeks. A settlement is, by
definition, a compromise and, fortunately, both sides to this epic dispute
finally saw the need to compromise, and have done so.
This
settlement, if consummated, together with prior Agreements in Principle with
other “holdout” Bondholders, resolves over 85% of the claims of those with
“pari passu” and “me-too” Injunctions. I will continue to serve, at the
pleasure of Judge Griesa, until all claims are resolved, both with respect to
the consummation of this central Agreement in Principle and to facilitate
settlement with all other “holdout” Bondholders who wish to resolve their
claims with Argentina .
In short, I will continue to help the willing find solutions.
Keine Kommentare:
Kommentar veröffentlichen