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European Infrastructure Finance Yearbook - Investing In Bonds ...

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debt ratings would likely be lowered. If the<br />

proposal was subsequently implemented, the longterm<br />

and underlying debt ratings would likely be<br />

lowered to ‘D’.<br />

Although the <strong>In</strong>fracos are in administration, we<br />

have maintained the ‘BB+’ ratings on debt issued<br />

by the Metronet companies, reflecting the<br />

structural protections within the PPP service<br />

contract that are likely to benefit debtholders. For<br />

example, as an insolvency event has occurred for<br />

the <strong>In</strong>fracos, the funders ultimately have the<br />

ability to exercise a put option, requiring TfL to<br />

pay a put option price--that is, at least 95% of<br />

the outstanding debt at each company. It is<br />

therefore unlikely that the funders will accept any<br />

proposed restructuring that would result in them<br />

receiving less than the amount they would receive<br />

through the exercise of the put option. There is<br />

no track record of implementing any of these<br />

arrangements, however, including determining the<br />

value of the put option, or enforcing these<br />

obligations. Although they provide significant<br />

comfort at the rating level, the protections may be<br />

subject to challenge and delay.<br />

If, as part of the PPP service contract<br />

restructuring process, the various debt obligations<br />

of the Metronet companies are assumed by TfL-prior<br />

to a final restructuring solution being<br />

implemented--the long-term and underlying debt<br />

ratings could be raised. ■<br />

STANDARD & POOR’S EUROPEAN INFRASTRUCTURE FINANCE YEARBOOK<br />

PROJECT FINANCE/PUBLIC-PRIVATE PARTNERSHIPS<br />

NOVEMBER 2007 ■ 137

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