Tuesday, 02 January 2024 12:17 GMT

Ambipar's Court Shield Tests Brazil's Debt Rules - And Creditor Nerves Abroad


(MENAFN- The Rio Times) A Rio de Janeiro judge has extended a protective court order that keeps environmental-services group Ambipar operating while the courts decide a basic but pivotal question: should its restructuring be run in Rio, where emergency protections are already in place, or in São Paulo, where many creditors prefer to fight.

The order temporarily blocks“early-maturity” and set-off triggers in derivatives and repo-style contracts, so banks can't yank financing because market prices moved.

Debts backed by fiduciary liens remain outside the general stay, but lenders can't remove or sell pledged assets from Ambipar sites during protection.

The judge also recognized Ambipar's subsidiaries as one economic group and gave the company five days to show where its principal business base really is - a key factor in deciding venue.

Behind the curtain is a fast, market-driven unraveling. On September 22, Ambipar's 2031 bonds tumbled. Days later, a major creditor demanded a $35 million top-up under bond-price covenants, a move Ambipar said could cascade into cross-defaults of up to R$10.0 billion ($1.89 billion).



The company then sought court protection and scrapped plans for a seventh debenture issue of R$3.0 billion ($0.57 billion). Ratings were cut to default and shares cratered.

Ambipar reports nearly R$11.0 billion ($2.08 billion) in total debt and said it held R$4.7 billion ($0.89 billion) in cash at mid-year, with roughly R$2.0 billion ($0.38 billion) immediately available.

Why this matters beyond Brazil: Ambipar works across borders in environmental response and industrial services. Its Cayman-based emergency unit has also filed for U.S. Chapter 11, meaning courts in two countries will have to coordinate.

The case spotlights features of Brazilian finance that overseas investors often miss: aggressive collateralization via fiduciary liens, contract clauses that can accelerate debts after market swings, and the strategic importance of venue in shaping who gets paid and when.

What to watch next: which court wins the venue fight; how secured creditors are treated relative to everyone else; whether Ambipar can keep cash flowing to operations while negotiating a plan; and how Brazil 's proceedings mesh with the U.S. Chapter 11 to keep services running at home and abroad.

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The Rio Times

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