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Wockhardt to clear FCCB dues in five instalments

12 Oct 2011 Evaluate

Wockhardt agreed before a division bench of the Bombay High Court to pay back the money it owes to holders of its foreign currency convertible bonds (FCCBs) in five instalments ending August 31, 2012. In doing so, the company convinced the court to continue an earlier stay order on a winding up plea that had been brought against it by the bondholders and admitted by a lower court.

Wockhardt defaulted on its FCCBs in 2009. As on March 31, 2011,Wockhardt had Rs 483 crore cash on its books and will recieve another Rs 1,280 crore by the end of the fiscal from the Danone deal. Approving the repayment schedule proposed by Wockhardt’s lawyers, the division bench warned that a default in the payment of any of the installments would trigger the appointment of an official liquidator. Secured lenders to Wockhardt objected to the repayment proposal, but were not entertained by the court.

Of the Rs 473 crore (excluding default interest amount) that is owed to bond holders, Wockhardt has already deposited Rs 115 crore with the court, which can be withdrawn by bondholders. In addition, the company plans to pay Rs 85 crore by December 31, 2011, Rs 30 crore by January 31, 2012, Rs 100 crore by March 31, Rs 50 crore by June 30 and the balance by August 31, 2012. Secured lenders such as ICICI Bank and State Bank of India (SBI) argue that since most assets of Wockhardt are charged to them, bondholders, who have unsecured exposure to the company, have no right over the money deposited by Wockhardt.

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