Stress in the Aviation Industry Latin American Airlines in Chapter 11: A Continuing Saga September 29, 2020 Speakers Joaquin C De Baca Craig Reimer Sean Scott Richard Stock Partner, Mayer Brown Counsel, Mayer Brown Partner, Mayer Brown Partner, Mayer Brown New York Chicago Chicago Hong Kong +1 212 506 2158 +1 312 701 7049 +1 312 701 8310 +852 2843 2368
[email protected] [email protected] [email protected] [email protected] 2 Latest Updates and Takeaways from Chapter 11 Latin American Airline Cases DIP Financing Update: Avianca • Avianca recently filed a motion to approve its proposed $2 billion DIP financing. Hearing is on October 5, 2020, at 10AM ET. • Proposed $2 billion DIP financing will provide $1.2 billion in new liquidity, along with a roll-up of about $722 million of prepetition debt. • The facility will be split into a senior tranche A and a junior tranche B, each secured by the same pool of collateral (all asset grant) with tranche B subordinated in right of repayment to tranche A. – The collateral pool for the proposed DIP financing was recently substantially increased via Avianca’s acquisition of LifeMiles stocks using the funds from the DIP financing. • Bloomberg reported that Avianca is offering one of the highest premiums yet seen on a $1.3 billion DIP loan. • The Administrative Court of Cundinamarca issued an injunction blocking the Colombian government disaster fund’s participation of up to $370 million in (or 20% of) Avianca's DIP financing. Avianca appealed the decision. 4 DIP Financing Update: LATAM • Latam’s bankruptcy has included significant litigation over its initial DIP financing proposal.