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For Essar Steel, Essar Minerals, and Essar Oil, the fresh disbursements will be put in
trusts and retention-accounts, and monitored by auditors.
Stringent cost- and time-schedules will be imposed. For instance, the Essar refinery
project will have to be completed by the Ruias at the current estimated cost of Rs 6,725
crore by April 1, 2000.
The Ruias will be asked to pump in fresh equity--Rs 765 crore in Essar Steel and Rs
1,200 crore in Essar Oil--according to a rigid time-table.
Funds diverted to other projects will be retrieved by forcing the Ruias to sell their stakes
in those companies.
The Ruias will have to pay for cost overruns in the projects, and will not be permitted to
make any new investments until the existing loans are repaid.
The Ruias will not be allowed to invest the fresh disbursements in either advances or
inter-corporate deposits. Every capital expenditure of more than Rs 5 crore will require
the approval of the newly-formed Project Management Committee as well as the Audit
Sub-Committee.
Essar restructured substantially all of its rupee-denominated debts pursuant to the CDRM
Package and was able to restructure its then outstanding US$ 250 million FRNs through a
consent solicitation, exchange offer and cash tender offer.
The Company reached an agreement with UTI as of September 30, 2004, pursuant to which the
Original UTI Loan was restructured and a payment schedule was agreed. Also as a result of the
agreement, the Company was required to repay to UTI principal and interest an aggregate
amount of Rs. 9.3 billion prior to December 31, 2005, of which approximately Rs. 1.1 billion had
been repaid as at March 31, 2005.
The company lost a case in London court to Argo Mutual Fund and had paid US$29.5 million +
US$ 12.69 million. Also, it paid US$ (10.5 + interest) million in full satisfaction of amounts due
to the US$ Syndicated Loans.
Essars had proposed 3 options to the FRN-holders: extend the maturity of loan by 12 years or
extend maturity of loan by 5 years as unsecured credit or redeem FRN at a future date. 65% of
the lenders agreed to an immediate repayment at 39% discount. Remaining 35% agreed for a
roll-over provided it was against additional security and additional 2% interest rate. To make this
plan functional Essar approached IDBI for $104 million loan to repay the FRNs. However, IDBI
refused to provide the funds citing its over exposure to this sector as well as the failure of Essar
to meet past commitments.
However, Essar could not even fulfill its commitment of paying 10% of the first installment and
therefore some FRN holders filed a case against it.
should have been to have a proper financial planning which must include the requirements of
funds ,time, when fund is require, allocation of funds and finally best strategy for repayment
of debt and other obligation in proper time.