LATAM Amends Treatment of RCF Claims under its Plan

Santiago, Chile – WEBWIRE



LATAM Airlines Group S.A. informs that, in the context of its Chapter 11 reorganization process before the U.S. Bankruptcy Court, it submitted before such Court, an amended Plan of Reorganization (the “Plan”), and entered into an amendment to the Restructuring Support Agreement (the “RSA”) executed in furtherance of the Plan.


The purpose of these amendments to the Plan and the RSA is to modify the treatment afforded to the claims (the “RCF Claims”) related to that certain credit and guaranty agreement dated as of March 29, 2016 (the “RCF Credit Agreement”). Prior versions of the Plan provided that the RCF Claims were unimpaired, and therefore were presumed to accept the Plan (thus it was not necessary to solicit their votes). The foregoing treatment was proposed with the understanding that the RCF Claims would be either refinanced pursuant to a revised RCF Credit Agreement (the “Revised RCF Credit Agreement”), or otherwise under the Plan. No other class of claims under the Plan are impacted by the amendment to the Plan.


Since certain few holders of the RCF Claims and other potential sources of financing are not currently in a position to provide the required funding in the amount and structure that was contemplated under the Revised RCF Credit Agreement, LATAM is required to modify the treatment of the RCF Claims under the Plan in order to provide that the RCF Claims are now impaired under the Plan, and therefore entitled to vote to accept or reject the Plan. The amendment further provides that each holder of the RCF Claims will be entitled to elect between two different treatments depending on whether each holder is willing to provide financing commitments for the Revised RCF Credit Agreement. While holders of the RCF Claims that provide financing commitments will receive Class 1a Treatment, holders of the RCF Claims that do not provide financing commitments, as well as those who make no election, will receive Class 1bTreatment.


Under this construct, the aggregate amount of the Revised RCF Credit Agreement would be U.S.$600 million consisting of a combination of a Tranche A Facility and a Tranche B Facility in a proportion that will be determined depending on elections by holders of the RCF Claims. The Tranche B Facility will be subordinated in right of payment to borrowings under the Tranche A Facility.


The Tranche A Facility will be reserved for holders of the RCF Claims who elect Class 1a Treatment. Such facility would consist on a new revolving facility that will remain undrawn throughout the effective date of the Plan. The Tranche A Facility will have a three-year maturity date and will accrue interests at SOFR + 3% per annum, which will be paid on a monthly, quarterly or semiannual basis. Under the amended Plan, each holder of the RCF Claims that elects Class 1a Treatment would also receive a distribution in cash equal to the outstanding principal amount under the RCF Credit Agreement, plus the respective unpaid interest, fees and expenses comprising the allowed amount of such RCF Claim (to the extent not previously paid by LATAM).


In turn, the Tranche B Facility will be reserved for holders of the RCF Claims who elect Class 1b Treatment, as well as to holders who make no election. Such facility will serve the purpose of refinancing (in the form of take-back debt) the outstanding principal amount of their respective RCF Claims. The Tranche B Facility will have a five-year maturity date and will accrue interests at a fixed rate of 4.25% per annum, which will be paid on a quarterly basis. Under the amended Plan, each holder of the RCF Claims that receives Class 1b Treatment would also receive a distribution in cash equal to any unpaid interest, fees, and expenses comprising the allowed amount of their respective RCF Claims (to the extent not previously paid by LATAM).

Hong Kong – Government amends regulations for adjustments to social distancing measures in stages

Government amends regulations for adjustments to social distancing measures in stages

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     In respect of earlier announcements by the Government on March 21 and April 14 on adjustments to social distancing measures in three stages, the Chief Executive in Council approved today (April 20) amendments to the relevant provisions of the Prevention and Control of Disease (Prohibition on Gathering) Regulation (Cap. 599G) and the Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I).



     The first item of amendment concerns the definition of group gathering under Cap. 599G and simplification of relevant procedures, empowering the Secretary for Food and Health to specify the maximum number of persons in a group gathering in public places (which must not be less than two persons). The Secretary for Food and Health will, in accordance with the amended Cap. 599G, specify the maximum number of persons in a group gathering in public places as four persons (except for gatherings of persons from the same household) with effect from tomorrow (April 21). Meanwhile, the prohibition of multi-household gathering in a private place involving more than two households imposed earlier under Cap. 599G will be lifted starting tomorrow.



     The second item of amendment concerns the reasonable excuses for not wearing a mask under Cap. 599I, empowering the Secretary for Food and Health to make specification on whether engaging in strenuous physical activity in outdoor public places may be one of the reasonable excuses for not wearing a mask during a specified period. The Government emphasised that the adjustments to social distancing measures in the first stage do not cover the relaxation of mask-wearing requirement in public places. Members of the public must continue to wear a mask on all public transport and in public places. When they are present in a premises regulated under the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599F), whether it is an indoor or outdoor premises, all members of the public must wear a mask except for specific circumstances (such as when they are eating, having facial treatment and it is part of a religious ritual). It is in the Government’s plan to allow members of the public not to wear a mask when being present in a country park or engaging in strenuous physical activity in outdoor places during the second stage of adjustments to social distancing measures when the epidemic situation permits in future.



     A Government spokesman said, “Given the high transmissibility of the Omicron mutant strain, members of the public must still stay vigilant even the epidemic situation has subsided a little recently. They should also strictly comply with the applicable anti-epidemic measures with a view to minimising the risk of virus spread in the community. Members of the public should receive all of the required doses of vaccine as soon as possible, as well as encourage and arrange for relatives and friends who have not completed a vaccination course, especially the elderly, to receive one of the two vaccines available in Hong Kong that are highly effective in preventing severe illness and death with no delay. This will offer protection to themselves and the community, building an anti-epidemic barrier, preventing a rebound of the epidemic and creating favourable conditions for further adjustments to social distancing measures. As long as everyone join hands to fight the epidemic together, Hong Kong will surely be able to relax social distancing measures in an orderly manner and overcome the fifth wave of the epidemic.”