Chesapeake Energy Corporation Seeks Declaratory Judgment with Respect to Ability to Call 6.775% Seni
Mar 8th 2013 5:05PM
Updated Mar 8th 2013 6:30PM
Chesapeake Energy Corporation Seeks Declaratory Judgment with Respect to Ability to Call 6.775% Senior Notes Due 2019
OKLAHOMA CITY--(BUSINESS WIRE)-- Chesapeake Energy Corporation (NYS: CHK) today announced that it is seeking a declaratory judgment in the United States District Court for the Southern District of New York with respect to redeeming the Company's 6.775% Senior Notes due 2019 ("the Notes") at par.
Specifically, the Company is requesting the Court to confirm that a notice to redeem issued on or before March 15, 2013, as specified in the governing indenture, will be timely and effective to redeem the Notes at par, with payment to be made 60 days after such notice, pursuant to the Special Early Redemption provision of the Notes. Chesapeake desires to redeem the Notes as part of a broader refinancing of its outstanding debt obligations.
The Company is also requesting a prompt preliminary order from the Court that a notice issued by March 15 for a Special Early Redemption at par cannot be construed to be a notice to redeem under the "make-whole" provision of the indenture in the event the Court does not determine that the March 15 notice is timely for a redemption at par. If the Court does not issue either the preliminary order (assuring that the proposed March 15 notice will not under any circumstances constitute a notice of redemption at the make-whole price) or the requested declaratory judgment (that the March 15 notice is timely for purposes of a Special Early Redemption at par), such notice would have no effect and the Notes will remain outstanding.
The defendant in the action initiated today by Chesapeake is the indenture trustee for the Notes, The Bank of New York Mellon Trust Corporation, N.A.
This announcement does not constitute an offer to purchase or a solicitation of an offer to sell any securities.
Chesapeake Energy Corporation
This news release includes "forward-looking statements" that give Chesapeake's current expectations or forecasts of future events, including its intention to engage in a refinancing of certain of its outstanding debt obligations. Although we believe the expectations and forecasts reflected in our forward-looking statements are reasonable, we can give no assurance they will prove to have been correct. They can be affected by inaccurate assumptions or by known or unknown risks and uncertainties and actual results may differ from the expectation expressed. We caution you not to place undue reliance on our forward-looking statements, which speak only as of the date of this news release, and we undertake no obligation to update this information.
Chesapeake Energy Corporation
Jeffrey L. Mobley, CFA, 405-767-4763
Gary T. Clark, CFA, 405-935-6741
Michael Kehs, 405-935-2560
Jim Gipson, 405-935-1310
KEYWORDS: United States North America Oklahoma
The article Chesapeake Energy Corporation Seeks Declaratory Judgment with Respect to Ability to Call 6.775% Senior Notes Due 2019 originally appeared on Fool.com.Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.
Copyright © 1995 - 2013 The Motley Fool, LLC. All rights reserved. The Motley Fool has a disclosure policy.