UPDATE: Berlian Laju Tanker Gets Court Order To Prevent Vessels Being Impounded
13 March 2012 - 11:12PM
Dow Jones News
Indonesia's Berlian Laju Tanker (B66.SG) said Tuesday it had
obtained an order in the High Court of Singapore that prevents its
ships from being impounded, a move that enables it to continue
restructuring while it copes with the global slowdown in the
shipping industry.
Berlian Laju said in January its subsidiaries had failed to make
debt payments, then in February, the shipper--which has a fleet of
oil, gas and chemical tankers--said it had defaulted on six U.S.
dollar and local currency instruments. In January the company said
that it estimated around $418 million in principal debt payments
are due to be made this financial year.
Often seen as a barometer of global economic health, the
shipping sector has been hurt by high fuel costs and a slump in
trade that has suppressed freight rates. The company said operating
in such conditions had "significantly impacted" its fiscal
position.
The court order announced Tuesday will prevent any of the
company's assets from being impounded by a "limited number of
creditors" for three months, the company said. It said it had
obtained the order with the support of the largest group of bank
creditors, who are led by Norway's largest lender, DNB ASA
(DNB.OS), according to Cosimo Borrelli, managing director of
accountants Borrelli Walsh, which has been appointed by Berlian to
help restructure the firm.
"There are a couple of small creditors that tried to arrest two
ships overseas and that's really what prompted taking the steps we
did," said Borrelli. When used in a maritime context, arresting a
ship refers to trying to gain jurisdiction over a vessel that is
the subject of a law suit.
Borrelli declined to name the creditors that were seeking to
impound the vessels, but said that the order was sought with
support from the company's largest group of bank creditors.
Berlian Laju's latest financial report from November 2011 states
that one of the company's subsidiaries in February 2011 obtained a
loan with a maximum credit of $685 million from European banks DNB
ASA, BNP Paribas SA (BNP.FR), ING Bank NV, NIBC Bank Ltd, Nordea
Bank Finland Plc (NDA.SK) and emerging markets bank Standard
Charted Bank PLC (SCZ.ZM). Sweden's SEB AB (SEB-A.SK) in May 2011
joined the group of lenders, according to the report.
DNB were not immediately available for comment on the court
order.
Borrelli said it is "very early days" for the company's
restructuring, and an update on developments should take several
weeks. "The focus at the moment is ensuring it's business as usual
and the customers and suppliers are happy, which has been a very
successful process so far," he said.
"We're not expecting a long-winded restructuring process, it's
quite a committed and planned effort by both the company and us and
FTI and the execution so far has been pretty good," he added.
The company has appointed FTI Consulting to carry out a
financial assessment of the company. Trading in the company's
shares in Jakarta and Singapore was suspended in January.
-By Matthew Allen, Dow Jones Newswires; +65 64154 158;
matthew.allen@dowjones.com
(Joanne Chiu in Hong Kong and Gustav Sandstrom in Stockholm
contributed to this article)