Calpine Reaches Settlement with Second Lien Debtholders
February 01 2008 - 2:34PM
PR Newswire (US)
SAN JOSE, Calif. and HOUSTON, Feb. 1 /PRNewswire-FirstCall/ --
Calpine Corporation (Pink Sheets: CPNLQ; NYSE: CPN) announced today
that it has reached an agreement in principle (the "Settlement")
with its Unofficial Committee of Second Lien Debtholders
("Unofficial Committee") with respect to the Second Lien
Debtholders' remaining secured claims for payment of compound and
default interest, as well as claims for the transaction fee of
Houlihan Lokey, the Unofficial Committee's financial advisors.
Under the Settlement, which is subject to definitive documentation,
the Second Lien Debtholders shall receive their allocable share of
$51,836,191.00 in cash in full and final satisfaction of such
secured claims, which amount shall be funded through: (1) an
allowed general unsecured claim in Calpine's chapter 11 case in the
amount of $65 million (subject to a $51,836,191.00 cap on
distributions based on Calpine's total enterprise value set forth
in its plan of reorganization), which the Second Lien Debtholders
intend to assign for value; plus (2) an additional cash payment
from Calpine to the extent required. The Second Lien Debtholders
will not be permitted to retain any amounts in excess of
$51,836,191.00 in connection with the assignment of such claim with
any excess being paid to Calpine. The Settlement will result in
Second Lien Debtholders receiving the following additional amounts
over and above amounts previously allowed by the Bankruptcy Court:
holders of the 8.5 percent notes will receive $13,334,509; holders
of the 8.75 percent notes will receive $10,817,498; holders of the
9.875 percent notes will receive $2,210,264; holders of the
floating rate notes will receive $4,906,139; and the holders of
term loan debt will receive $20,567,780. Upon receipt of the
amounts set forth above, the Second Lien Debtholders, the indenture
trustee and term loan agent shall be deemed to have waived any and
all rights that they now have or may hereafter have against other
parties or property including, without limitation, under or with
respect to the subordination provisions contained in Calpine's 6.00
percent Contingent Senior Convertible Notes due September 30, 2014
and the 7.750 percent Contingent Senior Convertible Notes due June
1, 2015. Calpine Corporation emerged from chapter 11 on January 31,
2008 and is helping meet the needs of an economy that demands more
and cleaner sources of electricity. Founded in 1984, Calpine is a
major U.S. power company, currently capable of delivering nearly
24,000 megawatts of clean, cost-effective, reliable, and
fuel-efficient electricity to customers and communities in 18
states in the U.S. The company owns, leases, and operates
low-carbon, natural gas-fired, and renewable geothermal power
plants. Using advanced technologies, Calpine generates electricity
in a reliable and environmentally responsible manner for the
customers and communities it serves. Please visit
http://www.calpine.com/ for more information. Forward Looking
Statement In addition to historical information, this release
contains forward- looking statements within the meaning of Section
27A of the Securities Act and Section 21E of the Exchange Act. We
use words such as "believe," "intend," "expect," "anticipate,"
"plan," "may," "will" and similar expressions to identify
forward-looking statements. Such statements include, among others,
those concerning our expected financial performance and strategic
and operational plans, as well as all assumptions, expectations,
predictions, intentions or beliefs about future events. You are
cautioned that any such forward-looking statements are not
guarantees of future performance and that a number of risks and
uncertainties could cause actual results to differ materially from
those anticipated in the forward-looking statements. Such risks and
uncertainties include, but are not limited to: (i) the risks and
uncertainties associated with the ability to successfully implement
Calpine's Plan of Reorganization as confirmed; (ii) our ability to
implement our business plan; (iii) financial results that may be
volatile and may not reflect historical trends; (iv) seasonal
fluctuations of our results; (v) potential volatility in earnings
associated with fluctuations in prices for commodities such as
natural gas and power; (vi) our ability to manage liquidity needs
and comply with covenants related to our existing financing
obligations and anticipated exit financing; (vii) the direct or
indirect effects on our business of our impaired credit including
increased cash collateral requirements in connection with the use
of commodity contracts; (viii) transportation of natural gas and
transmission of electricity; (ix) the expiration or termination of
our power purchase agreements and the related results on revenues;
(x) risks associated with the operation of power plants including
unscheduled outages; (xi) factors that impact the output of our
geothermal resources and generation facilities, including unusual
or unexpected steam field well and pipeline maintenance and
variables associated with the waste water injection projects that
supply added water to the steam reservoir; (xii) risks associated
with power project development and construction activities; (xiii)
our ability to attract, retain and motivate key employees; (xiv)
our ability to attract and retain customers and contract
counterparties; (xv) competition; (xvi) risks associated with
marketing and selling power from plants in the evolving energy
markets; (xvii) present and possible future claims, litigation and
enforcement actions; (xviii) effects of the application of laws or
regulations, including changes in laws or regulations or the
interpretation thereof; and (xix) other risks identified from
time-to-time in Calpine's reports and registration statements filed
with the SEC, including, without limitation, the risk factors
identified in its Annual Report on Form 10-K for the year ended
December 31, 2006 and Quarterly Reports on Form 10-Q. Actual
results or developments may differ materially from the expectations
expressed or implied in the forward-looking statements and Calpine
undertakes no obligation to update any such statements. Unless
specified otherwise, all information set forth in this release is
as of today's date and Calpine undertakes no duty to update this
information. For additional information about Calpine's chapter 11
reorganization or general business operations, please refer to
Calpine's Annual Report on Form 10-K for the fiscal year ended
December 31, 2006, Calpine's Quarterly Reports on Form 10-Q, and
any other recent Calpine report to the Securities and Exchange
Commission. These filings are available by visiting the Securities
and Exchange Commission's website at http://www.sec.gov/ or
Calpine's website at http://www.calpine.com/. DATASOURCE: Calpine
Corporation CONTACT: Media Relations, Mel Scott, +1-713-570-4553, ,
or Investor Relations, Norma Dunn, +1-713-830-8883, , both of
Calpine Corporation Web site: http://www.calpine.com/
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