WORLD> America
GM says US to own 72% under bankruptcy plan
(Agencies)
Updated: 2009-05-29 20:01

WASHINGTON -- The US government would own 72.5 percent of General Motors under a proposed bankruptcy reorganization that now has support of GM bondholders, a regulatory filing showed Thursday.

said the US Treasury agreed to the plan to create a new company that buys the assets of the automaker and that bondholders who had rejected an earlier proposal "support the economic terms" of the new plan.

GM says US to own 72% under bankruptcy plan
A General Motors dealer displays a banner promoting a staying in business sale in Santa Monica. [Agencies]
GM says US to own 72% under bankruptcy plan

The filing said that the Treasury Department "has indicated to GM that if GM decides to seek relief under the US Bankruptcy Code and seek bankruptcy court approval for the sale of substantially all of its assets ... a new company sponsored by the US Treasury (New GM) would agree to acquire such assets."

The government could provide "in excess of US$50 billion" to this reorganization that would be converted to stock, according to the GM filing with the Securities and Exchange Commission.

GM's survival plan had been in doubt earlier this week when holders of some US$27 billion in GM bonds rejected a plan to swap that debt for 10 percent of the new company.

But a new proposal by Treasury "provides incentives for GM's unsecured bondholders," giving them a potentially larger stake in the new firm.

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The bondholders would get 10 percent of the common equity of "New GM" and warrants that give them the right to purchase another 15 percent of the reorganized firm, according to the filing.

"Implementation of this proposal would result in a New GM with a healthy balance sheet, putting the new company on a clear path toward long-term viability and success," the automaker said.

The ad hoc Committee of GM bondholders said in a statement it supports the revised offer: "When contrasted with the alternative -- uncertain and costly bankruptcy court litigation .... it represents the best alternative for bondholders in the current difficult and dire situation."

Bondholders, who a month ago had proposed a deal that would give them 58 percent of the new GM, said that the 10 percent stake plus the opportunity to but 15 percent "gives the bondholders the opportunity to recover a greater portion of their original investment than was previously offered."

The new firm would wipe out a large part of the auto giant's debt, leaving GM owing some US$17 billion excluding the warrants and special preferred shares that require dividend payments.

The plan provides for a swap of a portion of the Treasury's US$19.4 billion in loans and any other capital for the 72.5 percent stake, leaving a debt to the government of US$8.0 billion.

Some 17.5 percent of the new firm would go to the trust fund that pays retiree benefits knows as a Voluntary Employee Beneficiary Association, or VEBA.

The remaining 10 percent in the new firm would be held by "Old GM," which would be controlled by the bondholders.

The filing said that the US Treasury stake could be reduced by a stake given to the governments of Canada and province of Ontario if they provide funding for the reorganization.

On Wednesday, GM said it failed to get enough participation in a plan to exchange bonds for equity, which had been required under GM loan agreements with the US Treasury and the company's own "viability" plan.

GM was widely expected to file for bankruptcy protection ahead of a June 1 deadline imposed by the administration of President Barack Obama, which has provided the automaker with billions of dollars in emergency loans.

Although much of the reorganization plan will have been agreed in advance of the bankruptcy filing, analysts say a court order may be needed to override objections from any small creditors and help GM reduce its large network of US dealers.