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Annual Review 2009 - Watson, Farley & Williams

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12 MARITIME<br />

Maritime<br />

The near-collapse of the shipping market in late 2008,<br />

caused in no small part by the global financial crisis,<br />

led to a dramatic drop in asset values and loss of income.<br />

Markets have since recovered a little but overcapacity<br />

continues to cause difficulty. Some sectors have been<br />

more severely affected than others.<br />

Bank Debt Deal<br />

of the year at<br />

the Marine<br />

Money Awards<br />

MORE DEALS...<br />

> Advised Standard Chartered Bank<br />

on a loan facility of up to US$50<br />

million to Grindord Shipping Ltd.<br />

> Advised KEXIM on a US$142<br />

million loan facility for two<br />

new vessels.<br />

> Acted for Precious Shipping Public<br />

Company Ltd in relation to a credit<br />

facility arranged by DnB NOR.<br />

> Advised Teekay Offshore Partners<br />

L.P. on a US$260 million financing<br />

for the Petrojarl Varg FPSO unit,<br />

arranged through a commercial<br />

banks syndicate led by ING.<br />

> Advised a major Greek bank on a<br />

term loan facility of up to US$160<br />

million to finance part of the<br />

acquisition cost of two 165,000 dwt<br />

Suezmax tankers.<br />

Newbuildings that were contracted in the<br />

boom times have been in trouble, with buyers<br />

struggling to secure finance and looking for<br />

any opportunity to escape from contracts where<br />

the value of the ship has fallen considerably<br />

below the price.<br />

As a result of this challenging period for the<br />

industry, much of our maritime work during<br />

<strong>2009</strong> arose from default, restructuring,<br />

distressed sales and disputes, but there were<br />

new deals.<br />

CROSS-BORDER FINANCING<br />

FOR FPSO VESSEL<br />

With an estimated 50 million barrels of oil<br />

reserves, Oyo was one of the first oil fields to<br />

be discovered offshore Nigeria. Thousands<br />

of miles away in Malaysia, Bumi Armada – the<br />

country’s largest owner and operator of offshore<br />

vessels – was commissioned to convert an oil<br />

tanker into a floating production storage and<br />

offloading (FPSO) vessel for Oyo.<br />

WFW Singapore advised Armada Oyo Ltd<br />

– a subsidiary with responsibility for the FPSO<br />

at Oyo – on securing a US$190 million limited<br />

recourse loan facility to finance around 75%<br />

of the project cost. The financing was arranged<br />

by Japanese bank Sumitomo Mitsui Banking<br />

Corporation, executed with a group of six other<br />

banks based on three continents, and backed by<br />

a guarantee from an Italian credit agency new<br />

to the FPSO market.<br />

The highly complex and multi-jurisdictional<br />

deal won Bank Debt Deal of the year at the<br />

Marine Money Awards.<br />

Chartered to Nigeria Agip Exploration, part<br />

of major oil and gas operator ENI Group, the<br />

FPSO has a processing capacity of 45,000<br />

barrels of oil per day and a storage capacity of<br />

one million barrels of processed oil, with water<br />

and gas injection capabilities in its topside.<br />

The field began production at the end of <strong>2009</strong>.<br />

COMPLEX OWNERSHIP TRANSFER<br />

WFW advised Commerzbank AG on the<br />

transfer of three new capesize ships under<br />

construction at the Sungdong shipyard in<br />

Korea after one of its customers was unable to<br />

meet its loan obligations to Navios Maritime,<br />

a US-listed shipping company.<br />

The bank enforced its security and as a result<br />

the ownership of the newbuildings was<br />

transferred to Navios Maritime. It also<br />

transferred the ships’ charters with Korean Line<br />

Corporation and Hanjin Shipping to Navios.<br />

It is rare for a lender to enforce security for<br />

ships still under construction. The transfer of<br />

the ships’ charters made this matter even more<br />

challenging for our teams from Piraeus, London<br />

and Singapore who achieved a very favourable<br />

result for Commerzbank.

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