October 31, 2011
Toronto, October 31, 2011
A group of institutional noteholders (the “Group”), for which Moelis & Company LLC (“Moelis”) is acting as primary financial advisor, has developed proposed amendments to the structure governing MAV2 notes issued as part of the 2009 restructuring of the market for third party Asset Backed Commercial Paper (“ABCP”) in Canada.
The amended structure would allow for optional early redemptions of the Notes and monetization of the vehicle’s net asset value through periodic pro rata unwinds of the vehicle swaps, collateral, funding facilities and notes.
Under the ABCP restructuring, sanctioned by the Ontario Superior Court of Justice and approved by institutional noteholders in 2008, affected ABCP notes were exchanged for long term floating rate notes designed to generally match the maturities of the underlying assets. Assets were cross-collateralized and distributed into new trusts called Master Asset Vehicles (MAVs). MAV2 notes comprised synthetic and traditional assets that were backed with margin call support to enhance the stability of the pooled assets.
The amended structure has been designed to be a fair and transparent mechanism that would provide noteholders with the option of redeeming MAV2 Notes for cash and/or underlying collateral, without adversely affecting the rights or value of holdings of noteholders who wish to hold notes to maturity.
The Group believes that the amended structure is in the best interest of all noteholders as it would create an additional, optional mechanism through which all noteholders can access liquidity.
In developing the amended structure, Moelis has been in active discussions with various stakeholders, including Canadian and U.S. institutional noteholders, representatives of the Asset Providers and Lenders, as well as a number of other relevant transaction participants and service providers. Moelis has been working with the Group’s legal counsel to develop detailed documentation regarding the proposed amendment.
As the process of implementing the amended structure continues, Moelis would like to speak with other institutional noteholders to gather feedback and input. For further information, please feel free to contact Moelis & Company LLC at 212-883-3518 [email protected].
Implementing the amended structure requires the consent of various stakeholders. The Group and Moelis make no assurances regarding the probability of success of the amended structure, and efforts on the amended structure may be discontinued at any time with or without notice.
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