Capitol Bancorp, Ltd. Message Board

  • lordofthetrades lordofthetrades Jan 29, 2013 10:16 AM Flag

    HEaring Adjourned to 3-5-13

    01/25/2013 286 Order Adjourning the Combined Hearing on Approval of Solicitation Procedures, Adequacy of the Disclosure Statement and Confirmation of the Plan (RE: related document(s)56 Order To Set Hearing and 285 Stipulation). Hearing to be held on 3/5/2013 at 10:30 AM Courtroom 1875 for 56, (jmk) (Entered: 01/25/2013)

    Any Objections of the Committee must be (a) filed with the Court and (b) served
    upon all parties on the Special Service List no later than 5:00 p.m. on February 26, 2013 (or
    seven days prior to the date that the Court schedules for the Combined Hearing) (the “Extended
    Deadline”). The Extended Deadline shall apply only to the Committee.

    CBC represented to the Court as follows:

    "The Debtors represent that, in furtherance of the Equity Infusion (as defined in the Plan)
    and Bulk Sale contemplated by the Debtors’ Plan and Disclosure Statement, the Debtors are in
    negotiations with potential new investors relating to a potential Equity Infusion and Bulk Sale
    which would allow the Debtors to successfully effectuate the Plan upon its confirmation. These
    negotiations are ongoing and, in the interest of time, are proceeding concurrently with the
    necessary due diligence processes of such potential investors.

    The Combined Hearing is currently scheduled to be held on January 29, 2013. However,
    the Debtors believe an adjournment of the Combined Hearing is necessary to allow for the
    completion of both the negotiations with potential investors and their due diligence processes.
    According to the Debtors, this extension is necessary due, in part, to the tax complexities of the
    Equity Infusion and the corresponding due diligence. The Debtors are optimistic that the due
    diligence processes will be completed and that the Debtors will be able to secure financing
    commitments from potential investors in the next several weeks and will be in a position to
    confirm the Plan before March 5, 2013."

    So, the silver lining is that potential investors are already on board and have commenced due diligence. Though I am disappointed by the delay, and there is additional risk of FDIC takeover now, I am much more confident about approval of the plan today then I was after Valstone backed out because they could not start due diligence.

    Sentiment: Buy

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