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Evergrande’s debt crisis: International creditors threaten legal action over “opaque” restructuring process




A group of the company’s foreign bondholders are threatening to take legal action due to their “opaque” debt restructuring process, the latest sign of trouble for the difficult Chinese developer.

They said in a statement on Thursday that they had to “seriously consider enforcement” after Evergrande failed to engage significantly with them in reorganizing operations.

The company’s “lack of commitment and opaque decisions to date is in breach of well-established international standards in restructuring processes of this magnitude,” the group wrote in its statement. The investors are represented by the law firm Kirkland & Ellis and the investment bank Moelis & Co.

They said the company̵[ads1]7;s behavior “hurts offshore investors’ view” of expecting fair treatment when investing in Chinese companies, adding that they are “prepared to take all necessary action to defend their legal rights and protect their legitimate interests.” “

Evergrande did not respond to a request for comment from CNN Business on the statement, but said in a Friday filing to Hong Kong Stock Exchange that it would hire more financial and legal advisors to help “follow up” with claims from creditors.

The real estate developer is one of China’s largest and still has more than $ 300 billion in total liabilities, including about $ 19 billion in outstanding offshore bonds held by international asset managers and private banks on behalf of its clients.

Evergrande has been struggling for months to raise money to repay lenders, and the company’s chairman Xu Jiayin is said to have sold out personal assets to support the economy.
But time seemed to run out for the company last month, when Fitch Ratings declared that Evergrande had defaulted on its debt – a downgrade that the rating agency said reflected the company’s inability to pay interest due that month on two dollar-denominated bonds.
There is also evidence that the Chinese government is guiding Evergrande through debt restructuring and extensive business operations. The company set up a risk management committee last month staffed by officials from state-owned enterprises in Guangdong, where Evergrande is based, along with a leader from a large loss-making company owned by the central government.
China is pumping $ 188 billion into the economy to counter the decline in real estate

But international bondholders say they have been left in the dark about the company’s plans. The creditors said in their Thursday statement that they have tried to talk to Evergrande, but have received “little more than vague assurances of intent, which lack both details and substance.”

“Actions speak significantly louder than words,” they added, adding that the “overall impression” is that despite the company’s public words, Evergrande has “disregarded its offshore creditors and the legal rights of its creditors.”

The group added that it acknowledges Evergrande’s recent efforts to resume most of its construction projects, and wants “to be part of a solution” to help “in these difficult times.”

Analysts have long been concerned that a collapse of Evergrande could trigger greater risk to China’s real estate market, damaging homeowners and the wider financial system. Real estate and related industries account for as much as 30% of the country’s GDP.

Chinese policymakers have also made it clear that protecting domestic homeowners is is a priority, as they want to ensure that the apartments are delivered to customers, many of whom had already paid for properties before they were completed. Last month, Wang Menghui – China’s Minister of Housing and Urban Development – told the state broadcaster that sustaining the delivery of home projects and protecting people’s livelihoods was among the government’s main goals this year to tackle risks to the real estate sector.
Evergrande has also entered into agreements with domestic creditors to avoid a formal default on the bond on land. Earlier this month, it prompted investor approval to defer payments on a 4.5 billion yuan ($ 707 million) bond.



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