SPAIN
Wednesday, January 20, 2021, 18:00 (GMT + 9)
The
Commercial Court number 1 of Pontevedra has annulled the approval of
the agreement signed in August to refinance 643 million.
Nueva Pescanova
makes a move after the justice has annulled the refinancing that the
company signed in August with some of its creditors, including Abanca,
and which was contemplating capitalizing around 643 million euros of
debt. An agreement that received judicial approval but that other
shareholders, including the old Pescanova or the Broadbill fund, challenged.
The Mercantill Court number 1 of Pontevedra has partially agreed with
them, understanding that the necessary majorities were not reached among
the shareholders to approve the agreement, an argument used by
Broadbill. Pescanova SA, which has 1.65% of Nueva Pescanova's capital,
argued that the agreement represented a breach of bankruptcy law and
that it entailed the de-patrimonialization of the second's creditors and
partners in favor of Abanca. The resolution says the plan presented by
Nueva Pescanova did not impose a "disproportionate" sacrifice on
creditors and was justified to safeguard the company's viability.
Faced with this situation, Nueva Pescanova has announced that it will
convene a shareholders' meeting to propose a voluntary capital increase
with which to cover those 643 million that have remained without
refinancing. As the company explained in a statement, "it will summon
its partners and creditors to carry out a voluntary debt capitalization,
in order to ensure the future viability of the company and the
fulfillment of its business plan." The objective, in principle, will be
to cover that amount, although the company explains that it will depend
on the response of the creditors. In practice, it is a way of executing
the agreement reached with Abanca, which is the owner of 80% of the
share capital of Nueva Pescanova.
The financial entity took control of the food group last March, after acquiring
a 39.8% shareholding package from Sabadell and Caixabank, which raised
its stake to 80.46%. Then the financial institution announced that among
its plans was the reinforcement of its financial structure and also the
search for an industrial partner to guarantee the viability of the
company. In April the Nueva Pescanova board of directors appointed José
María Benavent as the new executive president.
In addition to the refinancing aborted by the court, the company had to
undertake a capital reduction of 78 million last June to avoid the cause
of dissolution, after closing the 2019 financial year with losses of 49
million that broke its equity balance.