Novelis Receives Notice of Default Under Bond Indenture Due to Delayed Filings; Will Seek to File Financial Statements Within C
July 25 2006 - 7:00AM
PR Newswire (US)
Bondholder Consent Solicitation Allowed to Expire ATLANTA, July 25
/PRNewswire-FirstCall/ -- Novelis Inc. (NYSE:NVL) (TSX: NVL) today
reported that on July 21, 2006, it received a notice of default
from the trustee for the bondholders with respect to its $1.4
billion 7-1/4% Senior Notes due 2015. The default results from the
failure of Novelis to file its 2005 Form 10-K and its Form 10-Q for
the first quarter of 2006 on a timely basis. The delay in filing
these financial statements is a direct result of the time needed to
complete the Company's recent financial review and restatement.
Novelis concluded the review and restatement on May 16, 2006, and
is working diligently to return to a normal financial reporting
schedule. The Senior Notes were initially issued and sold in a
private placement on February 3, 2005. The notice informs Novelis
that it is in default of its financial reporting obligations and
requires that it cure the default within 60 days. If the Company
does not file the delayed 10-K and 10-Q by September 19, 2006, the
date which marks the end of the specified cure period, an event of
default occurs. At that point, the trustee or holders of at least
25% in aggregate principal amount of the Senior Notes may elect to
immediately accelerate the maturity of the Senior Notes ($1.4
billion principal amount outstanding). Novelis will seek to file
its 2005 Form 10-K and its Form 10-Q for the first quarter of 2006
within the cure period -- that is, on or before September 19, 2006.
Anticipating the eventual receipt of a proper notice of default,
the Company had attempted from June 5 to July 19, 2006, to
proactively resolve the issue by obtaining a waiver from the
bondholders pursuant to a consent solicitation. Under the consent
solicitation, the Company would have paid $21 million to the
bondholders who agreed to grant the waiver. However, because the
solicitation expired without the Company receiving the consent of
the holders of at least a majority in aggregate principal amount of
the Senior Notes, the consent solicitation has lapsed. As the
Company will vigorously pursue the filing of its delayed financial
reports within the 60-day cure period, it does not currently plan
to extend or renew the bondholder consent solicitation. Novelis
said that the notice of default from the bondholders also
accelerates the deadline to file the delayed reports under the
existing waiver to its Credit Agreement (dated May 16, 2006). Under
the terms of the existing waiver, the filing and reporting deadline
for Novelis' 2005 Form 10-K was extended to September 29, 2006. The
deadline for its Form 10-Q for the first quarter of 2006 was
likewise extended to October 31, 2006. However, under the terms of
the existing Credit Agreement waiver, the filing deadlines
accelerate to 30 calendar days for the Form 10-K and the Form 10-Q
now that the Company has received the notice of default relative to
the Senior Notes. Because the Company will be unable to file the
delayed Form 10-K and Form 10-Q within this shorter 30-day period,
it expects to request another waiver from its lenders to file the
delayed reports within a time frame that approximates the dates it
now expects to file the 2005 Form 10-K and the Form 10-Q for the
first quarter of 2006. Novelis is the global leader in aluminum
rolled products and aluminum can recycling. The company operates in
11 countries and has approximately 13,000 employees. Novelis has
the unrivaled capability to provide its customers with a regional
supply of technologically sophisticated rolled aluminum products
throughout Asia, Europe, North America and South America. Through
its advanced production capabilities, the company supplies aluminum
sheet and foil to the automotive and transportation, beverage and
food packaging, construction and industrial, and printing markets.
For more information, visit http://www.novelis.com/. Statements
made in this news release which describe Novelis' intentions,
expectations or predictions may be forward-looking statements
within the meaning of securities laws. Examples of forward-looking
statements in this news release include, among other matters,
Novelis' expectation to file its delayed reports within the
referenced cure period. Novelis cautions that, by their nature,
forward-looking statements involve risk and uncertainty. Several
factors which could cause Novelis to not file its delayed reports
within the referenced cure period include the agreement of lenders
and regulatory authorities to waivers to be requested to extend the
referenced filing deadlines, the inability of the Company to file
its delayed reports within the referenced cure period, and a
subsequent decision to extend or renew the bond solicitation. We do
not intend, and we disclaim any obligation, to update any
forward-looking statements, whether as a result of new information,
future events or otherwise. Please refer to the risk factors that
are included under the caption "Risk Factors" in our registration
statement on Form S-4, as amended and filed with the SEC, and may
be discussed in subsequent filings with the SEC. The risk factors
included in our registration statement on Form S-4, as amended, are
specifically incorporated by reference into this news release.
DATASOURCE: Novelis Inc. CONTACT: Charles Belbin of Novelis,
+1-404-814-4260, or Web site: http://www.novelis.com/
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