Sources close to the Congressional investigation into the loans that the Obama administration made to bankrupt solar company Solyndra, say that Congress is likely to attempt to scuttle an agreement that the administration reached last February that allowed major investors to take precedent over US taxpayers in the liquidation of the company.
In February 2011, Solyndra renegotiated with creditors, including the United States Government, in order to try to avoid bankruptcy. In that deal, an investment group funded by Obama donor George Kaiser, gave Solyndra $75 million in additional money in the form of debt on the condition that the US Government took a subordinated position in any bankruptcy after the first $150 million was returned to the government.
What that means is that in a liquidation of Solyndra, the administration will allow that the first $150 million goes to the government, the next $75 million goes to Kaiser's fund. That would leave the government with a balance of $377 million outstanding unless a liquidation fetches more than $225 million.
In that case, the Kaiser investor group would likely control the amount of money that is eventually paid out to the government and other creditors and shareholders. This is a technique, known as a "cram down," that is often used by investors looking to gain control of a troubled company at the expense of other investors.
Democrat Senator Michael Bennet from Colorado used the same tactics to take control and combine three ailing movie theater groups in 2002. Bennet bought the senior debt of the companies while they were going down the tubes. This in turn allowed him to cut out other investors as the companies liquidated. Teachers' pension funds and other investors were forced to take pennies on the dollar for their investment because the Bennet group owned the senior position.
Within two years Bennet's group paid themselves back every penny they spent on the investment, gave Bennet $11 million, took on another billion dollars in debt, while public investors saw the price of the stock tank from $24 to $12 currently.
This is what the Louisiana Teachers' Pension Fund said at the time:
John Ransom
John Ransom is the Finance Editor for Townhall Finance. You can follow him on twitter
@bamransom and on Facebook: bamransom.
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