The Company wishes to announce that the Company has failed to meet its interest payment of RM1,643,806.85 due and payable on 17 September 2009 (“Interest Payment Date”) in respect of the Facility Agreement dated 9 September 2005 between EON Bank Berhad (“Lender”), CAPONE Berhad (“Issuer”) and OILCORP (“Borrower”) under a Primary Collateralised Loan Obligation (“CLO”) Transaction.
a) The date of the default is 17 September 2009.
b) The Company did not have sufficient funds to settle the interest payment due as the receipt of certain large receivables had been delayed from our clients.
c) The Company has on 15 September 2009 written to Malaysian Trustees Berhad (“Trustee”) to seek indulgence of time of up to one (1) month from the Interest Payment Date to remedy this matter.
d) Pursuant to Clause 12.1(a) of the Facility Agreement, it is an Event of Default when Oilcorp fails to pay the interest on the Interest Payment Date. However, the Lender and/or Trustee have yet to declare Oilcorp to be in default under the Facility Agreement. If such a notice has been served to Oilcorp to declare the default, then the CLO is to be immediately due and payable together with accrued interest thereon and any other amounts then payable under this Facility Agreement.
e) Such a default will have an impact on the business, financial and operational aspects of Oilcorp. However, Oilcorp expects to remedy this Interest Payment within the indulgence period if granted and is pursuing the payment of receivables in paragraph (b) above.
f) The action available to the Lenders against the Company is to issue legal proceedings.
g) The event of default is not in respect of payments under a debenture.
h) The company is taking legal advice as to whether such a default will constitute an event of default under any other agreements for indebtedness and will be make an announcement once that advice has been received.
i) This default applies directly to the Company and not in respect of a subsidiary or associated company.
j) As the circumstances present today, the Directors are unable to form an opinion that the Company will be able to meet its debts as they fall due and accordingly the Company is not solvent as defined by PN1 Paragraph 3.1(j) .
This announcement is dated 18 September 2009.
Something fishy going on here. Difficult to believe they can go belly up over such a small amount of money....
Added on September 21, 2009, 2:08 pm
QUOTE(IGax2000 @ Jul 24 2009, 08:45 AM)
The understatement of the century! This post has been edited by David_Brent: Sep 21 2009, 02:08 PM
Sep 21 2009, 02:07 PM

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