Energy Co. Seeks Creditor Help Against Hedge Fund Default Claims

Apr 5 2011 | 11:24am ET

Energy Future Holdings Corp., the Kohlberg Kravis Roberts- and TPG Capital-owned energy company accused of being in default by another hedge fund, has turned to its creditors to resolve that claim.

EFH has offered better terms to creditors who accept some concessions, including an affirmation that EFH did nothing wrong when it borrowed from a subsidiary. Hedge fund Aurelius Capital Management, a creditor of the subsidiary, alleges that it did, in fact, do something wrong, borrowing at unfairly favorable rates, and is therefore in default on nearly $24 billion in loans.

EFH angrily denied that claim and said that, "based on private negotiations," at least 50% of its creditors were prepared to accept that the loans were made on an "arms-length basis," as well as a longer payment schedule. In exchange, EFH is offering a half-point increase of their coupon.

"The company has shifted from dismissing our claims to paying the banks to waive them," Aurelius' Mark Brodsky said. "What we have learned in the interim confirms our view that an event of default has occurred."

EFH continued to deny that allegation. "We refute those claims," a spokeswoman for the company said. "We will continue to defend ourselves vigorously against those claims and any similar allegations, and this portion of the amendment would put those claims to rest once and for all."

In Depth

Related-Company Fees: Normal Industry Practice or Conflicted Compensation?

Nov 11 2015 | 4:23pm ET

Regulatory agencies as well as investors are increasingly exploring whether certain...


Ferrari Roars in Wall Street Debut

Oct 21 2015 | 4:28pm ET

Shares of supercar maker Ferrari jumped as much as 15 percent to a high of nearly...

Guest Contributor

Private Debt - What is the Opportunity?

Nov 11 2015 | 3:28pm ET

In this contributed article, Rob Allard, founding partner of Firebreak Capital...


Editor's Note

    Oct 21 2015 | 10:41am ET

    One of the most unique charity benefits in the hedge fund industry, A Leg To Stand On's (ALTSO's) Hedge Fund Rocktoberfest - NYC, raised nearly $500,000 last Thursday thanks to the generous support of major sponsors and nearly 1,400 attendees from the Tri-State finance, business and hedge fund communities. Read more…