Orleans Homebuilders Announces Limited Waiver and Amendment Extension
19 December 2009 - 8:36AM
PR Newswire (US)
BENSALEM, Pa., Dec. 18 /PRNewswire-FirstCall/ -- Orleans
Homebuilders, Inc. (the "Company") (AMEX:OHB) announced that today
the Company and its lenders have now executed a Limited Waiver and
Amendment extension (the "Temporary Amendment") to its $375 million
Second Amended and Restated Revolving Credit Loan Agreement dated
September 30, 2008 (as amended, the "Credit Facility"), effective
immediately. The Temporary Amendment, which effectively extends the
maturity of the Credit Facility from December 20, 2009 to January
29, 2010, generally provides, among other things, the Company with
the ability, subject to compliance with conditions precedent and
covenants, to continue existing amendments to the determination of
borrowing base availability as provided in the Third Amendment to
the Credit Facility and to immediately permit the extension of
letters of credit issued under the Credit Facility to February 26,
2010. The Company continues to work actively with its bank lending
group to obtain a maturity extension to its Credit Facility. On
December 8, 2009, the Company announced that it and certain of its
lenders had agreed to a non-binding term sheet (the "Term Sheet")
relating to a 24-month maturity extension and structural
modifications (the "Amendment") of the Credit Facility. The
Amendment will be subject to an affirmative vote by each of the
approximately 16 lenders party to the Credit Facility and the
Company can offer no assurances that each of the lenders will
approve the Amendment or as to the specific terms of the document
that may be approved. If the Company does not enter into the
Amendment on or before approximately January 29, 2010, the Credit
Facility will mature on such date and the Company will not have
sufficient funds to repay amounts outstanding or continue normal
operations. The Company currently expects that it and its lenders
will enter into the Amendment on or before January 29, 2010, or
thereabouts, although the Company can offer no assurance that it
will be able to do so. The Company anticipates that without the
Amendment: (i) the Credit Facility will otherwise mature on
approximately January 29, 2010; (ii) the Company will likely not
have sufficient liquidity to continue its normal operations at or
before that time; and (iii) without an additional temporary
amendment on or before January 15, 2010, the Company will likely
experience liquidity problems due to borrowing base limitations or
covenant or other defaults under the Credit Facility on or before
January 15, 2010. In addition, in the event that, at any time,
beneficiaries of letters of credit draw under outstanding letters
of credit, any draw will have an adverse effect on the Company's
ability to borrow under the Credit Facility and draws of any
significant amount of letters of credit will materially adversely
affect the Company's liquidity to continue its operations. For
additional discussion of the Company's liquidity, please refer to
the Liquidity and Capital Resources section of the Company's
Quarterly Report on Form 10-Q for the quarter ended March 31, 2009
filed with the Securities and Exchange Commission on May 15, 2009,
as well as the Current Reports on Form 8-K and press releases filed
with the Securities and Exchange Commission on August 14, 2009,
October 6, 2009, November 5, 2009 and December 9, 2009, the
Company's Form 12b-25 related to Form 10-K filed with the
Securities and Exchange Commission on September 29, 2009, and the
Company's Form 12b-25 related to Form 10-Q filed with the
Securities and Exchange Commission on November 17, 2009. The
Company is currently noncompliant with the continuing listing
standards of the NYSE Amex LLC (the "Exchange") as set forth in
Sections 134 and 1101 of the NYSE Amex LLC Company Guide (the
"Company Guide") because it failed to timely file its Annual Report
on Form 10-K (the "Form 10-K") for the fiscal year ended June 30,
2009 and its Quarterly Report on Form 10-Q (the "Form 10-Q") for
the fiscal quarter ended September 30, 2009. The Exchange is
continuing the Company's listing pursuant to an extension. The
Company submitted to the Exchange a plan of compliance (the "Plan")
on November 16, 2009. The Exchange has completed its review of the
Plan and has determined that, in accordance with Section 1009 of
the Company Guide, the Plan makes a reasonable demonstration of the
Company's ability to regain compliance with the continued listing
standards. Based upon the information that the Company provided the
Exchange, the Exchange has granted the Company an extension until
February 15, 2010 for the Company to file its Form 10-K for the
fiscal year ended June 30, 2009 and its Form 10-Q for the three
months ended September 30, 2009. About Orleans Homebuilders, Inc.
Orleans Homebuilders, Inc. develops, builds and markets
high-quality single-family homes, townhouses and condominiums. The
Company serves a broad customer base including first-time, move-up,
luxury, empty nester and active adult homebuyers. The Company
currently operates in the following eleven distinct markets:
Southeastern Pennsylvania; Central and Southern New Jersey; Orange
County, New York; Charlotte, Raleigh and Greensboro, North
Carolina; Richmond and Tidewater, Virginia; Chicago, Illinois; and
Orlando, Florida. The Company's Charlotte, North Carolina
operations also include adjacent counties in South Carolina. To
learn more about Orleans Homebuilders, please visit
http://www.orleanshomes.com/. Forward-Looking Statements Certain
information included herein and in other Company statements,
reports and SEC filings is forward-looking within the meaning of
the Private Securities Litigation Reform Act of 1995, including,
but not limited to, statements concerning anticipated or expected
financing arrangements; including the terms of and timing of entry
into the Amendment; payments on its 8.52% Trust Preferred
Securities and the Junior Subordinated Notes; anticipated tax
refunds and the timing of receipt of any refund; potential
strategic transactions, including refinancing, recapitalization and
sale transactions involving the Company; anticipated and potential
asset sales; anticipated liquidity; anticipated increase in net new
orders, conditions in or recovery of the housing market, and
economic conditions; the Company's long-term opportunities; the
timing of future filings by the Company of its Annual and Quarterly
Reports and the continued listing of the Company's common stock on
the Exchange; continuing overall economic conditions and conditions
in the housing and mortgage markets and industry outlook;
anticipated or expected operating results, revenues, sales, net new
orders, backlog, pace of sales, spec unit levels, and traffic;
future or expected liquidity, financial resources, debt or equity
financings, amendments to or extensions of our existing revolving
Credit Facility; strategic transactions and alternatives; the
anticipated impact of bank reappraisals; future impairment charges;
future tax valuation allowance and its value; anticipated or
possible federal and state stimulus plans or other possible future
government support for the housing and financial services
industries; anticipated cash flow from operations; reductions in
land expenditures; the Company's ability to meet its internal
financial objectives or projections, and debt covenants; the
Company's future liquidity, capital structure and finances; the
Company's response to market conditions; and the Company's response
to the Exchange's notice concerning listing requirements. Such
forward-looking information involves important risks and
uncertainties that could significantly affect actual results and
cause them to differ materially from expectations expressed herein
and in other Company statements, reports and SEC filings. These
risks and uncertainties include our ability to amend and extend the
Credit Facility; our ability to remain in compliance with the terms
of the Credit Facility, if the Amendment is entered into; local,
regional and national economic conditions; the effects of
governmental regulation; the competitive environment in which the
Company operates; fluctuations in interest rates; changes in home
prices; the availability of capital; our ability to engage in a
financing or strategic transaction; the availability and cost of
labor and materials; our dependence on certain key employees; and
weather conditions. In addition, there can be no assurance that the
Company will be able to obtain any Amendment to or extension of its
existing revolving Credit Facility or other alternative financing
or adjust successfully to current market conditions. Additional
information concerning factors the Company believes could cause its
actual results to differ materially from expected results is
contained in Item 1A of the Company's Annual Report on Form 10-K/A
for the fiscal year ended June 30, 2008 filed with the SEC and
subsequently filed Quarterly Reports on Form 10-Q. DATASOURCE:
Orleans Homebuilders, Inc. CONTACT: Garry P. Herdler - Executive
Vice President & Chief Financial Officer, Orleans Homebuilders,
Inc., +1-215-245-7500 Web Site: http://www.orleanshomes.com/
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