Financial Guarantors, including Ambac Financial Group, Inc. (NYSE:
AMBC), Assured Guaranty Municipal Corp. and Assured Guaranty Corp.,
subsidiaries of Assured Guaranty Ltd. (NYSE: AGO), National Public
Finance Guarantee, a wholly owned subsidiary of MBIA Inc. (NYSE:
MBI), and Financial Guaranty Insurance Company (“FGIC”) jointly
issued the following statement objecting to what they believe is a
flawed Amended Commonwealth Plan Support Agreement disclosed by the
Financial Oversight and Management Board for Puerto Rico (the
“Oversight Board”):
We believe the recently-released Amended Commonwealth Plan
Support Agreement (“PSA”) is counterproductive to an orderly
restructuring of Puerto Rico’s debt obligations and risks
embroiling Puerto Rico in many more years of protracted litigation
at significant cost to tax payers and potentially compromises
Puerto Rico’s future access to the capital markets. The PSA is the
product of a flawed process - a process in which the Oversight
Board did not meaningfully engage with the parties to this
statement, despite the Financial Guarantors being the largest
creditors and longest serving financial supporters of Puerto Rico.
The PSA is yet another untested and unsupportable legal experiment
by the Oversight Board, which undermines negotiation of a
consensual restructuring.
Furthermore, the PSA fails to respect lawful creditor rights,
priorities and liens, in violation of the Puerto Rico Oversight
Management Economic Stability Act (“PROMESA”), and in particular
openly disregards basic constitutional protections, fiscal plan
requirements, and obligations with respect to both general
obligation and revenue bonds, both critical instruments of
municipal finance in Puerto Rico and nationally. The PSA also is
predicated on inaccurate and incomplete information relating to
Puerto Rico’s economy, cash balances, federal funding, revenue
projections and debt capacity. The primary beneficiaries and
architects of the PSA are hedge funds, having shaken bonds from the
hands of retail and long-term supporters and bondholders of Puerto
Rico (many of which are on-island retirees) at pennies on the
dollar. The Legislative Assembly of Puerto Rico and Governor
Vasquez should not support the PSA, as it will mire the island in
litigation and in all likelihood result in an exclusion from much
needed infrastructure development capital for decades to come.
Failure to legally, in good faith, and inclusively negotiate a
path out of bankruptcy will prolong Puerto Rico’s path to economic
stability and reentry to capital markets. This will complicate the
Puerto Rico government’s ability to finance public policy goals
with municipal debt and will only hurt the people of Puerto Rico in
the long-term. Furthermore, the Oversight Board’s brazen disregard
for bondholders’ lawful priorities and liens imperils investor
confidence in Puerto Rico’s credit profile and sets precedents that
threaten the broader municipal finance market. It also sends a
clear message to prospective investors that the rule of law is not
respected in Puerto Rico, which could jeopardize further business
investment and Opportunity Zone activity in Puerto Rico.
Ultimately, the undersigned Financial Guarantors representing
$12.2 billion of current exposure and long-time assistance to the
island, and trillions of dollars of insured municipal bond debt
historically across the United States, cannot support the PSA as it
is not a framework for a confirmable Plan of Adjustment. The
Financial Guarantors remain open to direct discussions with the
Oversight Board and Commonwealth aimed at a reasonable,
comprehensive and consensual solution, as we were able to do with
COFINA. The Financial Guarantors are confident that a broad
consensual deal based on transparent and accurate financial
information, a revised Commonwealth Fiscal Plan, reasonable
macroeconomic assumptions, and a reconciliation of cash balances
that will restore Puerto Rico’s access to the capital markets and
return efficiency to Government operations can be reached.
Without a confirmable plan that respects long-term creditors and
supporters of Puerto Rico as well as the rule of law, the goals of
PROMESA and the best results for the residents of Puerto Rico will
not be achieved.
About AmbacAmbac Financial Group, Inc. (“Ambac”
or “AFG”), headquartered in New York City, is a financial services
holding company whose subsidiaries include Ambac Assurance
Corporation, a guarantor of public finance and structured finance
obligations. Ambac’s common stock trades on the New York Stock
Exchange under the symbol “AMBC”. The Amended and Restated
Certificate of Incorporation of Ambac contains substantial
restrictions on the ability to transfer Ambac’s common stock.
Subject to limited exceptions, any attempted transfer of common
stock shall be prohibited and void to the extent that, as a result
of such transfer (or any series of transfers of which such transfer
is a part), any person or group of persons shall become a holder of
5% or more of Ambac’s common stock or a holder of 5% or more of
Ambac’s common stock increases its ownership interest. Ambac is
committed to providing timely and accurate information to the
investing public, consistent with our legal and regulatory
obligations. To that end, we use our website to convey information
about our businesses, including the anticipated release of
quarterly financial results, quarterly financial, statistical and
business-related information, and the posting of updates to the
status of certain residential mortgage backed securities
litigations. For more information, please go
to www.ambac.com.
About Assured GuarantyThrough its insurance
subsidiaries, Assured Guaranty Ltd. (AGL) is the leading provider
of financial guarantees for principal and interest payments due on
municipal, public infrastructure and structured financings. Through
other subsidiaries, AGL provides asset management services. AGL is
a publicly traded (NYSE: AGO), Bermuda-based holding company. Any
forward-looking statements made in this press release reflect
Assured Guaranty’s current views with respect to future events and
are made pursuant to the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995. Such statements involve
risks and uncertainties that may cause actual results to differ
materially from those set forth in these statements. These risks
and uncertainties include, but are not limited to, those resulting
from adverse developments in Puerto Rico, an inability or failure
of creditors to negotiate and implement a consensual restructuring,
litigation that has already been initiated or may be initiated in
the future, governmental or legislative action or inaction by
Puerto Rico or the United States, other risks and uncertainties
that have not been identified at this time, management’s response
to these factors, and other risk factors identified in Assured
Guaranty’s filings with the Securities and Exchange Commission.
Readers are cautioned not to place undue reliance on these
forward-looking statements, which are made as of today. Assured
Guaranty undertakes no obligation to publicly update or revise any
forward-looking statements, whether as a result of new information,
future events or otherwise, except as required by law. More
information on Assured Guaranty and its subsidiaries can be found
at AssuredGuaranty.com.
About National Public Finance GuaranteeNational
Public Finance Guarantee is a wholly owned subsidiary of MBIA Inc.
(NYSE: MBI) and independently capitalized with $3.7 billion in
claims-paying resources as of September 30, 2019. This
release includes statements that are not historical or current
facts and are “forward-looking statements” made pursuant to the
safe harbor provisions of the Private Securities Litigation Reform
Act of 1995. The words “believe”, “anticipate,” “project,” “plan,”
“expect,” “estimate,” “intend,” “will,” “will likely result,”
“looking forward,” or “will continue,” and similar expressions
identify forward-looking statements. These statements are subject
to certain risks and uncertainties that could cause actual results
to differ materially from historical earnings and those presently
anticipated or projected, including, among other factors, the
possibility that MBIA Inc. or National will experience increased
credit losses or impairments on public finance obligations issued
by state, local and territorial governments and finance authorities
that are experiencing unprecedented fiscal stress; the possibility
that loss reserve estimates are not adequate to cover potential
claims; MBIA Inc.’s or National’s ability to fully implement their
strategic plan; and changes in general economic and competitive
conditions. These and other factors that could affect financial
performance or could cause actual results to differ materially from
estimates contained in or underlying MBIA Inc.’s or National’s
forward-looking statements are discussed under the “Risk Factors”
section in MBIA Inc.’s most recent Annual Report on Form 10-K and
Quarterly Report on Form 10-Q, which may be updated or amended in
MBIA Inc.’s subsequent filings with the Securities and Exchange
Commission. MBIA Inc. and National caution readers not to place
undue reliance on any such forward-looking statements, which speak
only to their respective dates. National and MBIA Inc. undertake no
obligation to publicly correct or update any forward-looking
statement if it later becomes aware that such result is not likely
to be achieved.
About FGICFGIC is a New York stock insurance
corporation and a wholly owned subsidiary of FGIC Corporation. FGIC
emerged from rehabilitation on August 19, 2013, and is responsible
for administering its outstanding insurance policies in accordance
with the terms of the First Amended Plan of Rehabilitation for
FGIC, dated June 4, 2013. Please visit www.fgic.com.
Contacts:
Ambac Lisa A. KampfManaging Director, Investor
Relations212-208-3177lkampf@ambac.com
Assured Guaranty Ltd. Robert TuckerSenior
Managing Director, Investor Relations and Corporate
Communications212-339-0861 rtucker@agltd.com
Ashweeta DuraniVice President, Corporate
Communications212-408-6042 adurani@agltd.com
National Public Finance Guarantee / MBIA
Inc.Greg DiamondInvestor and Media
Relations914-765-3190greg.diamond@mbia.com
FGICTim TattamInvestor
Relations212-312-2776timothy.tattam@fgic.com
Press Relations212-312-2775
Ambac Financial (NASDAQ:AMBC)
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