UPDATE: HCP Files Complaint Against Sunrise Senior Living
01 July 2009 - 2:25AM
Dow Jones News
Shares of senior-housing operator Sunrise Senior Living Inc.
(SRZ) plunged more than 24% Tuesday after HCP Inc. (HCP) said it
aims to terminate management agreements on 64 properties.
Monday afternoon, HCP alleged breach of contract, saying Sunrise
is operating the properties in a manner favoring the interests of
Sunrise and its affiliates "at the expense of HCP and its tenants,"
the health-care REIT said in a statement.
Sunrise has battled liquidity and balance-sheet issues that have
dragged down its shares. In April, the company received a 12th
amendment to its bank credit facility - providing some breathing
room until December.
While Sunrise's corporate issues may be a backdrop to HCP's
recent actions, some analysts say the complaint is an attempt to
extricate HCP from its lower-margin deals with the operator. "HCP
has a plan to divest themselves of Sunrise exposure to a degree
that makes sense, relative to problems Sunrise is having," says
Richard Anderson, an analyst with BMO Capital Markets. HCP is more
likely to keep Sunrise as an operator in "mansion" properties where
the operating margins are higher, he said.
Sunrise, which said it operated 411 communities as of May 8, and
HCP weren't immediately available for comment.
Earlier this month, HCP terminated management agreements on 15
Sunrise communities for "failure to achieve certain performance
thresholds."
In a statement on Monday, Sunrise said the "litigation is
without merit." Sunrise Chief Executive Mark Ordan said HCP
purchased the communities under long-term management agreements
with "many years remaining." The communities have "steadily
improved their performance yet HCP has continuously expressed their
desire to terminate their agreements."
In addition, Sunrise plans to "enforce our rights vigorously on
behalf of all Sunrise stakeholders," he said.
The company said the majority of its management agreements with
HCP have expiration dates ranging from 2028 to 2038 and include
extension options held by Sunrise.
Sunrise shares recently traded down 26.51% at $1.58, while HCP
fell slightly to $21.00.
-By Veronica Dagher, Dow Jones Newswires; 212-416-2261;
veronica.dagher@dowjones.com