Articulo publicado por Debtwire, una publicacién internacional especializada con sede en Londres,
presencia en 65 ciudades y que cuenta con 600 reporteros y analistas.
DEBTWIRE
Puerto Rico credit unions make “point-of-entry” restructuring proposal to US Congress
03 Mar 2016, 11:30 GMT 5
Puerto Rico's 25 largest credit unions presented a debt restructuring proposal last week to the US
House Natural Resources Committee. The proposal balances the interests of investors who bought
in at par with those who purchased at deep discount, according to a copy of the proposal seen by
Debtwire Municipals.
‘The Ad Hoc group of credit unions ~ which holds 56% or USD 4.8bn of the credit unions’ total
assets -- has contracted Samuel A. Ramirez & Co. Inc. and island law firm Sosa Llorens, Cruz
Neris & Associates as financial and legal advisors.
This is the third proposal to restructure island's debt. The commonwealth first floated a proposal
in February that would swap USD 49.2bn in tax-supported debt for new bonds split between a base
bond, and a growth bond that will throw off cash flow once the island meet’s certain financial
benchmarks.
Puerto Rico Sales Tax Financing Authority (COFINA) senior stakeholders then floated a
restructuring proposal that would free-up sales tax revenue for the government's general fund. At
the moment, general obligation (GO) bondholders also are working on a fourth proposal, as
reported,
Point-of-entry
The group of credit unions proposes paying creditors back based on a set amount of profit over the
price at which investors bought in or “point-of-entry,” states the proposal the Ad Hoc group sent
to the Natural Resources Committee on 25 February.
“The exchange would seek to match the shortest tenor of the new bonds to those investors who
acquired the bonds at the lowest price. Conversely investors that acquired their bonds at par would
be offered bonds of the longer tenor,” the proposal states.
This would allow those who bought in at par to be made whole, while those who purchased at
distressed levels would receive a modest profit margin above their entry price and never exceeding
par.
“A. scenario prepared by Ramirez & Co. for the restructuring of all GDB [Government
Development Bank for Puerto Rico] outstanding debt under the proposed alternative shows the
GDB would receive principal payment relief over a 6-year period and would extend its tenor
1profile from an average life of its bonds of 4.7 years to 15.4 years. The principal reduction would
amount to USD 1.042bn or 28.5% of its total debt,” states the proposal.
Similar workouts could be done with island’s other liabilities. The commonwealth has USD 10Sbn
in unfunded pension liabilities, tax-supported and non-recourse debt, according to Debrwire
Municipals analysis of a November 2015 periodic commonwealth financial update.
“We acknowledge that these priorities may require federal assistance, especially considering
imminent maturities that become due in coming months,” the proposal states.
Proposal’s benefits
‘A point-of-entry restructuring would increase Puerto Rico’s credibility, market access and
liquidity by validating non-speculative investors such as mutual funds and monoline insurers who
have backed the island for decades. Because of the reinstated market liquidity, investors would be
able to exit their positions prior to maturity, according to the proposal.
The proposal would reduce the risk of litigation, compared with government's base’ growth bond
proposal, by providing a uniform offer to holders of commonwealth paper, while allowing
speculators to realize profits. “These terms make it difficult to for speculative investors to
challenge an offer that provides a reasonable return solely based on the fact said offer does not
provide extraordinary gains,” states the proposal.
By pricing the exchange offer at the actual market entry point would align the exchange offer to
“credit seniority principles similar to those applied in bankruptcy proceedings, thus strengthening
inherent faimess,” the proposal states.
Economic threat
‘The commonwealth’s super-bond and base/growth bond proposals would be the final nail in the
coffin of Puerto Rico’s economy that has be in recession for a decade. The proposals amount to
57% loss of the par value of Puerto Rico investors, who own 20% or USD 13bn of commonwealth
debt.
This translates into a USD 7.7bn capital loss to Puerto Rico’s economy, on top of the
approximately the USD 60bn to USD 70bn in local capital lost over the past decade, the credit
union group said.
‘These proposals also uniformly punish Puerto Rican and other traditional investors such as mutual
funds and pension plans, while favoring speculative investing.
While credit unions’ proposal prevents speculators from realizing extraordinary profits, the
proposal is in the best interest of all because it protects Puerto Rico's economy and the
commonwealth’s ability pay all its debts, the proposal states.Credit unions duped
The current threat to the stability of the island’s credit unions is not because of the credit unions’
lending practices, but their decisions in 2009 to significantly increase government holdings. Credit
unions tripled their holdings in commonwealth debt from 2009 to 2012, the proposal states.
‘A footnote in the proposal details how commonwealth forced credit unions to take this risky stance
by: selling unsuitable taxable investments to tax-exempt credit unions, improperly using
examination powers, threats of punitive taxation, and “active inducement through COSSEC’s
[Spanish acronym for the Public Corporation for the Supervision and Insurance of Cooperatives}
issuance of circular letters promoting the acquisition of Puerto Rico paper and increasing the
regulatory limit for these investments.”
The credit union Ad Hoc group favors ending the pursuit of Chapter 9 for Puerto Rico in favor of
a consensual restructuring. However, the unions favor a joint commission of federal and local
oversight from the executive and legislative branches to ensure Puerto Rico’s debt is restructured
in an open, transparent, apolitical and fair manner.
by Xavira Neggers Crescioni in San Juan