
Vitro Announces Completion of Reorganization
Under the Ley de Concursos Mercantiles
February 24, 2012
Vitro S.A.B. de C.V. of Mexico has consummated the concurso plan
approved by the Fourth Federal District Court for Civil and Labor
Matters for the State of Nuevo Leon according to Mexican Insolvency
Law (Ley de Concursos Mercantiles) on February 3.
In accordance with the terms of the concurso plan, Vitro issued
new 8.0 percent notes due in 2018 (the "2018 Notes") and 12.0 percent
mandatorily convertible debentures due in 2015 (the "MCDs") -together
with the 2018 Notes, the "New Notes"- and paid a cash restructuring
fee to third party payment trusts, which will issue the corresponding
credit linked notes tied to the new notes and will deliver them
and the restructuring fee to holders of recognized claims in the
concurso mercantil proceedings that consented to the concurso plan,
according to a February 23 company news release. Another trust will
hold the restructuring consideration in favor of the holders of
recognized claims that did not consent the concurso plan, for delivery
to those holders who later execute and deliver the appropriate receipt
and acknowledgement.
By approving the concurso plan, the Mexican District Court: (i)
discharged the obligations of Vitro and its subsidiaries under Vitro's:
(1) 8.625 percent senior notes due February 1 (the "2012 Notes"),
(2) 11.75 percent senior notes due November 1, 2013 (the "2013 Notes"),
(3) 9.125 percent senior notes due February 1, 2017 and (4) other
debt instruments; and (ii) ordered Vitro to issue to its unsecured
creditors the 2018 Notes, guaranteed by, among others, certain subsidiaries
of Vitro, the MCDs due in 2015 and to pay the restructuring fee.
"Vitro is emerging from one of the most challenging periods of
its storied history," says Claudio Del Valle, Vitro's chief restructuring
officer, in the release. "Despite the efforts of a handful of highly
litigious vulture investors, we have successfully implemented the
concurso plan, thus beginning a new era for Vitro. Vitro is now
a stronger, more competitive company, with a solid financial foundation
and a bright future."
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