The UK’s Court of Appeal, which is considering the Russian-Ukrainian dispute over $3 billion in eurobonds issued by Kyiv, has decided to study the Ukrainian side’s argument that eurobonds were issued under pressure from the creditor, in this case Russia, the Russian Finance Ministry said in a statement, indicating that Law Debentures Trust will appeal to the Supreme Court regarding this argument on behalf of the Finance Ministry.
“Today, the UK’s Court of Appeal rendered a verdict on Ukraine’s appeal of the London High Court ruling obligating Ukraine to redeem its debt and pay interest on a bond issue acquired by Russia with funds from the National Wealth Fund. The Court of Appeal confirmed the lawfulness of the refusal to grant Ukraine consideration of three of the four arguments stated in order to avoid meeting its obligations with respect to these eurobonds,” the statement said.
“Earlier, the London High Court did not grant consideration of all of the argument stated by Ukraine, determining that they did not minimal criteria for their consideration in full-fledged court proceedings envisaging the calling of witnesses, consideration and analysis of documents, as well as other evidence presented by the parties to the dispute,” the statement said.
The Court of Appeal rendered a judgment on the necessity of conducting legal proceedings in order to determine the presence or absence of evidence supporting the remaining, fourth Ukrainian argument, which alleges that the borrower issued eurobonds under pressure from the creditor, that is Russia, the statement said. At the same time, the Court of Appeal did not confirm the rightness of the defense’s fourth argument, and only declared that that argument, as opposed to the other three arguments made by Ukraine, cannot be dismissed without conducting comprehensive legal proceedings.
Ukraine’s fourth argument, much like the other three arguments, must also be dismissed without legal proceedings, the Russian Finance Ministry said. For this reason, the Ministry has requested that Law Debenture Trust Corporation plc, as the eurobond trustee, to file an appeal with the UK’s Supreme Court regarding the decision on Ukraine’s fourth argument.
State-owned Oschadbank (Kyiv) on September 10, 2018 paid the $32.8 million coupon on restructured $700 million eurobonds in full amount and in accordance with the issue terms, the press service of the bank has told Interfax-Ukraine.
The yield on eurobonds is accrued and paid twice a year – on March 10 and September 10.
As reported, in 2015, Oschadbank restructured eurobonds maturing in 2016 and 2018 for a total of $1.2 billion. Under the agreement, eurobonds were issued for the amount of $700 million due on March 10, 2023 and with the yield of 9.375% per annum, for $332.914 million due on March 20, 2025 and the yield of 9.625% per annum and $167.086 million due on March 20, 2025 and the yield 8.25% per annum.
In addition, eurobonds were issued for $100 million with maturity up to 2024 after restructuring the subordinated loan for the corresponding amount.
Oschadbank was founded in 1991. Its only owner is the state.
Oschadbank ranked second among 84 banks operating in the country on June 1, 2018 in terms of total assets (UAH 236 billion), according to the National Bank of Ukraine.
The National Bank of Ukraine (NBU) expects the country’s Finance Ministry will place $2.5 billion in eurobonds in 2018, $1.5 billion in eurobonds in 2019. “In 2018 and 2019, we expect that eurobonds worth $4 billion will be placed: $2.5 billion this year and $1.5 billion next year,” Deputy NBU Governor Dmytro Solohub said at a briefing in Kyiv on Thursday.
Myronivsky Hliboproduct (MHP) agroholding after a tender offer to buy notes due on April 2, 2020 received applications for the securities worth $416.183 million, the company reported on the London Stock Exchange (LSE) on Monday.
According to the report, currently the company has outstanding 2020 notes in aggregate principal amount of $495.6 million.
MHP said that following the early tender deadline the notes in aggregate principal amount of $409.783 million were tendered. On or before the expiration deadline the notes in aggregate principal amount of $6.4 million were tendered.
On or about 10 April 2018, on the terms and subject to the conditions in the tender offer memorandum, noteholders who validly tendered following the early tender deadline and on or before the expiration deadline will be paid the tender offer consideration of $1,065 per U.S.$1,000 principal amount plus the accrued interest amount.
The aggregate principal amount of Notes outstanding following completion of the tender offer is $79.417 million.