April 20, 2024

Suntech Power on Financial Brink

A woman answering the phone in the executive offices of the group headquarters of Wuxi Guolian, the holding company, said that a deal had already been reached for the acquisition of Suntech, which is traded on the New York Stock Exchange. The woman declined to identify herself.

Rory Macpherson, Suntech’s director of investor relations, declined to address a question about Wuxi Guolian, saying in an e-mail only, “It’s our policy not to comment on market rumors.”

Suntech has been driven to the financial brink by an obligation to pay more than $541 million to holders of convertible bonds at the end of this week. It stopped releasing financial reports last year after disclosing in July that it had invested in €530 million, or $690 million, worth of German bonds that might prove fraudulent. The company’s cash reserves have been dwindling, according to analysts, and Chinese state-owned banks have become reluctant in recent months to keep extending further loans.

The company said it reached a deal with three-fifths of the bondholders early this week to give it a two-month reprieve to find an answer to its financial troubles, but some bondholders have questioned the announcement, saying that they were not even approached about a reprieve. Suntech’s convertible bonds have been trading this week for as little as 30 cents on the dollar. Its shares closed at $1.09 on Tuesday, down 5.2 percent for the day and down 63.2 percent in the past 12 months.

It was unclear late Wednesday in Asia what terms might be offered to Suntech’s bondholders or long-suffering shareholders. The latter might have to approve a merger, particularly if a merger were to take place without an initial bankruptcy filing to erase debt.

Suntech announced Tuesday that it was closing its factory in Goodyear, Arizona, at the cost of 43 jobs there. The factory put aluminum frames and electrical junction boxes on solar cells imported from China, so that the fully assembled solar panels would qualify for “Buy American” programs.

The collapse of Suntech is a milestone in the precipitous decline of China’s green energy industry over the past four years. More than any other country, China had bet heavily on renewable energy as the answer to its interlinked problems of severe air pollution and heavy dependence on energy imports from politically unstable countries in the Middle East and Africa.

China is also very exposed to global warming along its low-lying, densely populated coastline, which the Energy Department in Washington has estimated to have more people vulnerable to displacement from rising sea levels than anywhere else on earth.

But China’s approach to renewable energy has proved ruinous, both financially and in terms of trade relations with the United States and the European Union.

State-owned banks have provided $18 billion in loans on easy terms to Chinese solar panel manufacturers, financing an increase of more than tenfold in production capacity from 2008 to 2012. This set off a 75 percent drop in panel prices over the same period, which resulted in Chinese companies’ losing as much as $1 for every $3 in sales last year.

The huge loans and very low prices prompted SolarWorld, a German company, and its American subsidiary to file anti-dumping and anti-subsidy cases in the United States and the European Union against solar panel exports from China. The United States has responded with tariffs of about 40 percent on solar cells and solar panels from China, and the European Union is concluding its deliberations and is expected to deliver an initial verdict this summer.

Yotam Ariel, the managing director of Bennu Solar, a consulting firm in Shanghai, said that the closing of the Arizona factory was “yet another indication of a tough struggle.”

Article source: http://www.nytimes.com/2013/03/14/business/energy-environment/suntech-power-on-financial-brink.html?partner=rss&emc=rss

DealBook: Ex-Partner at Dewey & LeBoeuf Says Citibank Hid Firm’s Financial Troubles

There has been no shortage of finger-pointing since the collapse of the law firm Dewey LeBoeuf, with most of the animus directed toward the firm’s managing partner and its broader leadership.

Now, an aggrieved former partner has taken aim at an unlikely target: Citibank.

In a recent court filing, the former partner, Steven P. Otillar, says Citibank conspired with Dewey’s management to hide the law firm’s true financial condition in the months before its collapse.

Mr. Otillar made the claim in response to a lawsuit brought against him by Citibank seeking repayment of a $210,000 loan. The bank lent Mr. Otillar the money to pay for his capital contribution to Dewey when he joined the partnership in August 2011. (New partners typically must make a financial contribution to a law firm when they join.)

The filing said that Citibank had extended Mr. Otillar the loan as part of a fraudulent scheme intended to benefit Citibank and Dewey’s management. By recruiting him and other partners to join the financially troubled firm in the months leading up to its demise — and collecting millions of dollars from them — Dewey’s partners enriched themselves and kept the firm afloat.

Mr. Otillar blames Citibank for his ill-fated career move, saying the bank had a legal obligation to disclose Dewey’s financial state. He said that he never would have joined Dewey and taken out a loan from the bank if he had an accurate picture of the firm’s condition.

A spokeswoman for Citibank declined to comment. The filing was earlier reported by Reuters.

Mr. Otillar’s claim echoes a lawsuit filed this year by Henry Bunsow, another former partner, that accused the firm’s leadership of running a Ponzi scheme that had used money contributed from the newly hired to pay existing partners and finance the imperiled firm. Like Mr. Otillar, Mr. Bunsow joined Dewey just months before it filed for bankruptcy.

The accusations made by Mr. Otillar and Mr. Bunsow are just a blip in the broader legal fallout from Dewey’s failure. Once one of country’s largest law firms, Dewey entered Chapter 11 bankruptcy protection in May after a debt-heavy balance sheet and poor financial performance forced it to slash partners’ pay, leading to a mass exodus.

In recent weeks, roughly half of Dewey’s former partners agreed to return about $70 million of their past compensation that will help pay the firm’s creditors, which are owed more than $300 million. By agreeing to this “clawback” settlement, these partners insulate themselves from future lawsuits related to the firm’s dissolution. A group of partners who did not sign on to the settlement have asked a judge to appoint an examiner to investigate the unwinding of the firm.

The Manhattan district attorney is also investigating whether there were any financial improprieties committed by Steven H. Davis, Dewey’s former chairman. Mr. Davis has denied any wrongdoing.

Mr. Otillar’s claim highlights a major cause of Dewey’s demise. The firm recruited Mr. Otillar in 2010 as part of an aggressive growth plan, one of several dozen lawyers lured to the firm with lavish multiyear pay guarantees. Mr. Otillar was part of a push to expand Dewey’s Houston office and, with it, its energy-industry practice.

Yet, as Dewey added Mr. Otillar and dozens of new partners to its ranks with guaranteed contracts, it had already piled up millions of dollars in back pay owed to existing partners. The firm, even after taking a hit during the financial crisis, also took on substantial debt to fuel its expansion plans.

Citibank was one of the banks that facilitated Dewey’s growth. It had a varied and lucrative relationship with the firm. Not only did it finance Dewey’s operations through a large line of credit, but it also lent money to newly hired partners to cover their capital contributions to the firm.

Mr. Otillar said that when Dewey recruited him from Baker McKenzie in 2010, he raised concerns about the firm’s finances. Management assured him that the firm was in growth mode and that he was joining at the perfect time, according to the court filing. And then after he came on board, he said, Dewey and Citibank pushed him to participate in the bank’s loan program so he could make his capital contribution as soon as possible.

Like virtually all of the more than 300 Dewey partners, Mr. Otillar has found a new home. Now a partner in the Houston office of Akin Gump Strauss Hauer Feld, Mr. Otillar declined to comment.

Article source: http://dealbook.nytimes.com/2012/09/03/ex-partner-at-dewey-and-leboeuf-says-citibank-hid-firms-financial-troubles/?partner=rss&emc=rss