13:49 23.05.2017

PrivatBank says not notified about lawsuit of eurobonds holders

3 min read
PrivatBank says not notified about lawsuit of eurobonds holders

State-run PrivatBank (Kyiv) has not yet been notified of a lawsuit lodged by eurobond holders with the London Court of International Arbitration (LCIA) against a forced swap of their securities for shares of an additional issue of the bank (the so-called bail-in procedure), Chairman of the bank's board Oleksandr Shlapak has said.

"We have not received any notification of the claim filed by eurobond holders at the London court. I suppose we will be one of the defendants, but it seems to me that it would be more logical if they [the holders] applied to those who handled that transaction," he told Interfax-Ukraine in Kyiv on Tuesday.

In his words, these were the National Bank of Ukraine and the Individual Deposits Guarantee Fund that carried out the bail-in transaction, so all questions on this matter should be addressed to them.

"There are no securities on the balance sheet. If there are any court decisions, then we will think how to address them," Shlapak added.

As was reported, under the nationalization of PrivatBank, its obligations to the British-based special purpose vehicle (SPV) that was the issuer of eurobonds were subject to a bail-in procedure and were exchanged for the additionally issued shares of the bank.

The matter concerns three issues of eurobonds: those worth $175 million at a rate of 10.875% repayable on February 28, 2018, $200 million at a 10.25% repayable on January 23, 2018, of which $40 million was repaid in August 2016, and $220 million at a rate of 11% with maturity in 2021.

The issuer of the eurobonds falling due in January and February 2018 was U.K.-registered UK SPV Credit Finance plc. The eurobonds maturing in 2021 were issued via ICBC Standard Bank Plc (the U.K.), however, during their restructuring, that debt was reregistered to UK SPV Credit Finance plc.

After PrivatBank was nationalized, the eurobond issuer remained in its ownership.

Some holders of the eurobonds issued by PrivatBank went to the LCIA to challenge the forced swap.

According to managing partner of the Suprema Lex law firm Viktor Moroz, who advises the securities holders, the trial is at the stage of conciliation of the arbitration procedure and the selection of arbitrators.

In turn, UK SPV Credit Finance plc initiated the convocation of a meeting of the eurobond holders on June 5.

The agenda of the meeting includes the dismissal of Deutsche Trustee Company Limited, which acted as the

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