NEW YORK--(BUSINESS WIRE)--Oct. 16, 2009--
CIT
Group Inc. (NYSE: CIT), a leading provider of financing to small
businesses and middle market companies, today announced that it has
amended its restructuring plan to further build bondholder support. The
amendments have been approved by CIT’s Board of Directors and the
Steering Committee of CIT’s bondholders.
On October 1, 2009, CIT commenced a series of offers to exchange certain
outstanding series of notes and concurrently began a solicitation for
votes for a voluntary prepackaged plan of reorganization. Successful
completion of either the exchange offers or plan of reorganization will
generate significant capital and provide multi-year liquidity through
the material reduction of CIT's outstanding debt.
“Over the last two weeks, we have continued to work constructively with
the Steering Committee and believe that these amendments will further
build bondholder support for our restructuring plan,” said Jeffrey
M. Peek, Chairman and CEO. “Through the completion of the exchange
offers or an expedited in-court restructuring process, we will reduce
the uncertainty around our business and further maximize the value of
our franchise. Either approach is intended to ensure that CIT becomes a
well-capitalized bank holding company that will serve as a source of
strength for CIT Bank as we implement our new bank-centric funding
model.”
Amended Terms of the Restructuring Plan
The amended terms of the restructuring plan include, among others:
-
A comprehensive cash sweep mechanism to accelerate the repayment of
the new notes;
-
The shortening of maturities by six months for all new notes and
junior credit facilities;
-
An increased amount of equity offered to subordinated debt holders
reflecting agreements with holders of the majority of its senior and
subordinated debt;
-
The inclusion of the notes maturing after 2018 that had previously not
been solicited as part of the exchange offer or plan of reorganization;
-
An increase in the coupon on Series B Notes, to 9% from 7%, being
issued by CIT Delaware Funding; and
-
Provided preferred stock holders contingent value rights in the plan
of reorganization, and modified the allocation of common stock in the
recapitalization after the exchange offers, as part of an agreement
with the United States Department of Treasury.
The exchange offers expire at 11:59 pm, New York City time, on Thursday,
October 29, 2009, with the exception of the additional notes maturing
after 2018 for which there is an early acceptance date of October 29,
2009 and expiration date of November 13, 2009. Tendered securities may
be validly withdrawn at any time prior to the expiration or early
acceptance date.
NYSE Approval
On October 14, 2009, the New York Stock Exchange (the “NYSE”) accepted
CIT’s application of the financial viability exception to the NYSE’s
shareholder approval policy in connection with the issuance of the New
Preferred Stock should the Offers be consummated. The Audit Committee of
the Company’s Board of Directors has approved the use of this exception.
For Additional Information
The Company is filing an 8-K containing the amended Offering Memorandum,
Disclosure Statement and Solicitation of Acceptances of a Prepackaged
Plan of Reorganization with the Securities and Exchange Commission.
Further information about the Company, its restructuring plan, including
the amended offering memorandum, will be available at www.cit.com.
The Information Agent for the Offer is D.F. King & Co. Financial
Balloting Group, LLC is serving as Exchange Agent for the Exchange
Offers and Voting Agent for the Plan of Reorganization. Retail holders
of notes with questions regarding the voting and exchange process should
contact the information agent at (800) 758-5880 or +1 (212) 269-5550.
Banks and brokers with questions regarding the voting and exchange
process should contact the exchange and voting agent at +1 (646)
282-1888. BofA Merrill Lynch and Citigroup Global Markets are acting as
financial advisors to the Company for purposes of this transaction.
Evercore Partners, Morgan Stanley and FTI Consulting are the Company’s
financial advisors and Skadden, Arps, Slate, Meagher & Flom LLP and
Sullivan & Cromwell LLP are legal counsel in connection with the
restructuring plan.
Individuals interested in receiving future updates on CIT via e-mail can
register at http://newsalerts.cit.com.
About CIT
CIT (NYSE: CIT) is a bank holding company with more than $60 billion in
finance and leasing assets that provides financial products and advisory
services to small and middle market businesses. Operating in more than
50 countries across 30 industries, CIT provides an unparalleled
combination of relationship, intellectual and financial capital to its
customers worldwide. CIT maintains leadership positions in small
business and middle market lending, retail finance, aerospace, equipment
and rail leasing, and vendor finance. Founded in 1908 and headquartered
in New York City, CIT is a member of the Fortune 500. www.cit.com.
FORWARD-LOOKING STATEMENTS
This press release contains forward-looking statements within the
meaning of applicable federal securities laws that are based upon our
current expectations and assumptions concerning future events, which are
subject to a number of risks and uncertainties that could cause actual
results to differ materially from those anticipated. The words “expect,”
“anticipate,” “estimate,” “forecast,” “initiative,” “objective,” “plan,”
“goal,” “project,” “outlook,” “priorities,” “target,” “intend,”
“evaluate,” “pursue,” “commence,” “seek,” “may,” “would,” “could,”
“should,” “believe,” “potential,” “continue,” or the negative of any of
those words or similar expressions is intended to identify
forward-looking statements. All statements contained in this press
release, other than statements of historical fact, including without
limitation, statements about our plans, strategies, prospects and
expectations regarding future events and our financial performance, are
forward-looking statements that involve certain risks and uncertainties.
While these statements represent our current judgment on what the future
may hold, and we believe these judgments are reasonable, these
statements are not guarantees of any events or financial results, and
our actual results may differ materially. Important factors that could
cause our actual results to be materially different from our
expectations include, among others, CIT may need to seek protection
under the US Bankruptcy Code, even if the tender offer is consummated,
the risk that the $3 billion loan facility does not provide the
liquidity that CIT is seeking due to material negative changes to CIT’s
liquidity from draw down of loans by customers, the risk that CIT is
unsuccessful in its efforts to effectuate a comprehensive restructuring
of its liabilities, in which case CIT may be forced to seek bankruptcy
relief. Accordingly, you should not place undue reliance on the
forward-looking statements contained in this press release. These
forward-looking statements speak only as of the date on which the
statements were made. CIT undertakes no obligation to update publicly or
otherwise revise any forward-looking statements, except where expressly
required by law.
Source: CIT Group Inc.
CIT
MEDIA RELATIONS:
C. Curtis Ritter, 212-461-7711
Director
of External Communications & Media Relations
Curt.Ritter@cit.com
or
CIT
INVESTOR RELATIONS:
Ken Brause, 1-866-54CITIR
(542-4847)
Executive Vice President
investor.relations@cit.com