[quote author="graphrix" date=1223038042]Did anyone take the time to read the 8-K? You know I did. I hope the Brightwater employees did, because this is just a temporary life line, and one that means they need to sell some homes really quickly without lowering the price too much. Good luck. Here are the highlights:
On their revolver loan.
Maturity Extension Option:
The Registrant (the ?Company?) will have the option to extend the maturity by nine (9) months to June 30, 2010 upon demonstrating compliance with all covenants for the reporting period ending December 31, 2008 and the payment of a <strong>25 basis points fee</strong>.
Release Price:
The release price (and commitment reduction) will be $600,000 per home for the first <strong>70 closings (previously the first 50 closings)</strong> and $1,000,000 per home thereafter.
Amortization:
Date 12/31/08 Prior Commitment $75,000,000, New Commitment $ 95,000,000.
Minimum Sales Price:
The minimum sales price requirement will reset according to the Company?s current base price schedule <strong>(and sales prices shall not be reduced by more than 15%, consistent with the existing agreement)</strong>.
Minimum Sales Requirement:
The sum of cumulative homes closed to date and 50% of backlog (units under contract) must equal or exceed the figures set forth below:
Date/Minimum Sales
12/31/08 32
3/31/09 40
6/30/09 50
9/30/09 64
12/31/09 80
3/31/10 96
Cross Default:
Removed the cross default provisions (Affirmative Covenants, Negative Covenants, Events of Default, etc.) to the debt on the Hellman and Lancaster projects financed by IndyMac and owned by two of the Company?s subsidiaries and guaranteed by another subsidiary (Hearthside Homes, Inc.). <strong>This debt is non-recourse to the Revolver Borrower and the Company</strong>.
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So... this means they can walk away and never pay jack sh*t to the lender. And who said banks aren't making stupid loans still?</em>
Modification Fee:
<strong>A modification fee of 37.5 basis points was paid to each consenting Lender based on its current Revolver commitment.</strong>
On their term loan.
Release Price:
The release price (and commitment reduction) will be $600,000 per home for the first 70 closings (previously the first 50 closings) and $1,000,000 per home thereafter.
http://img802.mytextgraphics.com/photolava/2008/10/03/calcamort-4c2ft22oc.jpeg
Minimum Sales Requirement:
The sum of cumulative homes closed to date and 50% of backlog (units under contract) must equal or exceed the figures set forth below:
Date/Minimum Sales
12/31/08 32
3/31/09 40
6/30/09 50
9/30/09 64
12/31/09 80
3/31/10 96
Minimum Liquidity ? The sum of cash and Revolver availability must equal or exceed $4 million.
Application of Net Sales Proceeds: All net sales proceeds after taking into account the Term Loan release price must pay down the Revolver balance. These funds will be available to be re-borrowed under the Revolver subject to the terms of the credit agreement. The Borrower will be permitted to have a maximum $10 million in cash at any time.
Additional Commitment Reduction: To the extent the sum of cash and Revolver availability exceeds $20 million, any excess will be treated as an additional release price (i.e. 60% of excess will pay down the Term Loan and 40% of the excess will reduce the Revolver commitment).
Cross Default:
Removed the cross default provisions (Affirmative Covenants, Negative Covenants, Events of Default, etc.) to the debt on the Hellman and Lancaster projects financed by IndyMac and owned by two of the Company?s subsidiaries and guaranteed by another subsidiary (Hearthside Homes, Inc.). <strong>This debt is non-recourse to the Term Loan Borrower and the Company.</strong>
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Banks still be dumb.</em></strong>
<em>They got whacked with fees, they got whacked with higher interest rates, they got whacked with having to sell more homes sooner with a restriction on price reductions. Now to review their stats...</em>
On September 30, 2008, the Registrant issued a press release (the ?Press Release?) that, in addition to announcing the Amendments described in Item 1.01 above, announced third quarter, year-to-date and project-to-date sales information relating to its 356-home Brightwater development in Huntington Beach, California:
Third quarter deliveries of seven (7) homes at an average price of $1.4 million, included deliveries of four (4) Cliffs homes and one (1) Breakers home, which are the larger square foot products offered at the Brightwater community.
? Year-to-date deliveries of 16 homes and project-to-date deliveries of 25 homes.
? Third quarter net sales orders of six (6) homes.
? Year-to-date net sales orders of 28 homes and project-to-date net sales orders of 37 homes.
? Current backlog of 12 homes with an aggregate sales value of $28.4 million.
<em>So... Brightwater employees: Stop reading here, stop reading those other bubble blogs, stop looking at pr0n, stop downloading music, and most importantly... stop getting pissed at me for showing you reality. I know it sucks, but you don't have time to waste here, you need to sell homes, you need to sell a lot of homes, you can't drop the price, and you need to do it by the end of the year. To me, this deal allows your company to just walk away too easily, and they will do that if you can't sell those homes. You have no time to comment, you need to get calling on potential buyers. I think you are slacking, you have my real phone number and you have never ever called me. What a bunch of slackers, too much time wasted on IHB, when you should be calling everyone including this IHBer. </em></blockquote>
You can thank the smart guys at Key Bank for setting up a non-recourse residential construction loan (might be a good time to buy some longer puts on Key). That's only one level better than doing a non-recourse loan on residential land. haha