So, what better way to bring this thread back from the dead than an interestingly desperate quote from their annual report...
<em>
In addition, our credit facilities require us to make $36.8 million in aggregate principal payments by December 31, 2008, including $25 million for the revolving loan (assuming we draw the remaining $24.0 available as of December 31, 2007) and $11.8 million for the term loan. In order to make these payments out of cash flow from operations, <strong>we are striving to deliver approximately 50 homes at Brightwater by the end of 2008</strong>. Given the continued weakness in the housing and mortgage markets, particularly with respect to pricing of jumbo loans, we have initiated discussions with our lenders regarding potential amendments to the revolving loan credit facility that would defer a portion of our currently scheduled payments to future periods. We are also evaluating alternatives for raising additional capital, if necessary. There can be no assurance that we will be successful in these endeavors, that further covenant or other amendments to our credit facilities will not be requested, or that any such requested amendments will be agreed to by our lenders.
Failure to comply with the covenants and conditions imposed by the agreements governing our indebtedness could restrict future borrowing or cause our debt to become immediately due and payable.
The agreements governing our credit facilities impose restrictions on our operations and activities. The most significant restrictions require maintenance of a maximum debt to equity (or leverage) ratio, a minimum interest coverage ratio, and a minimum level of tangible net worth, and limits on investments, cash dividends, stock repurchases and other restricted payments, incurrence of indebtedness, and creation of liens and asset dispositions. We are also required to receive an unqualified report from our independent registered accounting firm in connection with its annual audit of our financial statements. If we fail to comply with these restrictions or covenants, the banks could cause our debt to become due and payable prior to maturity or could demand that we compensate them for waiving instances of noncompliance. Moreover, we may curtail our investment activities and other uses of cash to maintain compliance with these restrictions and covenants. Our leverage may place burdens on our ability to comply with the terms of our indebtedness, may restrict our ability to operate and may prevent us from fulfilling our obligations.
Our ability to meet our debt service and other obligations will depend upon our future performance. Our business is substantially affected by changes in economic cycles. Our revenues, earnings and cash flows vary with the level of general economic activity and competition in the markets in which we operate. Our business could also be affected by financial, political and other factors, many of which are beyond our control. Changes in prevailing interest rates may also affect our ability to meet our debt service obligations because borrowings under our credit facilities bear interest at floating rates. A higher interest rate on our debt could adversely affect our operating results.
Our business may not generate sufficient cash flow from operations and borrowings may not be available to us under our credit facilities in an amount sufficient to pay our debt service obligations, or to fund our other liquidity needs. Should this occur, we may need to refinance all or a portion of our debt on or before maturity, which we may not be able to do on favorable terms or at all. </em>
As of today, they have not filed a report on amending their debt covenants, which is a good sign. However, they have only delivered 9 homes, and pre-sold (could fallout) 7 of the bigger homes. They have a long way to go.
So, if at this point you are still interested in Hearthside Homes Brightwater project, I would keep an eye on the standing inventory. Because if they still have inventory, and still need cash to make that debt payment in December, then you could get a smoking deal. Of course there is this to think about...
<em>An earthquake or other natural disaster, terrorist act or nuclear accident could adversely affect our business.
Our Brightwater project, which recently commenced sales and represents 77% of our real estate assets as of December 31, 2007, is located in a high risk geographical area for earthquakes. In addition, all of our other real estate assets are in southern California and could be directly or indirectly impacted by the event of an earthquake.</em>
How rude... they don't mention my fault by name.
I may add more later, this 10-K is an entertaining read.