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JANUARY 2009
VeraSun Energy files Chapter 11 due
to lack of liquidity
VeraSun Energy Corporation, one of
the nation's largest ethanol producers,
has disclosed that the company and
24 of its subsidiaries have filed
voluntary petitions for relief under
Chapter 11 of the United States Bankruptcy
Code to enhance liquidity while they
reorganize.
The filing was precipitated by a
series of events that led to a contraction
in VeraSun's liquidity, impairing
its ability to operate its business
and invest in production facilities.
The company suffered significant
losses in the third quarter of 2008
from a dramatic spike in its corn
costs, reflecting in part costs attributable
to its corn procurement and hedging
arrangements, and historically unfavorable
margins. Beginning in the third quarter,
worsening capital market conditions
and a tightening of trade credit
resulted in severe constraints on
the company's liquidity position.
Faced with these constraints, VeraSun
and 24 of its subsidiaries filed
their chapter 11 petitions to facilitate
access to additional liquidity while
they reorganize.
During the Chapter 11 proceedings,
VeraSun plans to resume normal operations.
The company has taken steps to ensure
continued supply of product to its
customers and to fulfill all customer
obligations. In that regard, VeraSun
is working closely with its lenders
and expects to reach an agreement
before the first day hearing for
additional committed financing to
provide adequate liquidity to fund
operations in the normal course.
The company expects that it will
not scale back its purchases of raw
materials and corn, and that other
suppliers will continue to be paid
in full for all goods and services
furnished after the filing date as
required by the Bankruptcy Code.
VeraSun also requested the bankruptcy
court's approval to continue to pay
employees in the ordinary course
without interruption.
VeraSun has received commitments
for up to $215 million in debtor
in possession (DIP) financing from
certain holders of VeraSun's 9 7/8
percent senior secured notes due
2012 and groups of lenders led by
AgStar Financial Services. As a result,
the United States Bankruptcy Court
entered an interim order allowing
VeraSun and its affiliates to borrow
up to $40 million from these DIP
facilities and authorized the use
of cash collateral to enable VeraSun
to operate its business. VeraSun
is also in negotiations with its
other lenders and expects to receive,
when combined with commitments received
from the 2012 noteholders and AgStar
lenders, aggregate DIP financing
commitments totaling $250 million.
Judge Brendan L. Shannon of the Bankruptcy
Court, District of Delaware in Wilmington
also granted VeraSun's emergency
request to pay outstanding employee
checks, to pay suppliers for postpetition
goods and services and up to $20
million for goods delivered on or
after October 11, 2008, and for other
emergency relief.
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