Narrative
Full Description
Project narrative
On December 30, 2009, the Export-Import Bank of China and Citibank N.A. signed a $127 million USD senior secured syndicated credit (loan) agreement with Toisa Ltd for the acquisition of four vessels. This loan carried the following borrowing terms: a term (maturity) of 10 years and an interest rate of LIBOR plus a margin of 3%. Toisa Ltd.’s repayment obligations were secured by (i.e. collateralized against) first priority liens and security interests on the vessels and the related earnings, insurance, requisition compensation, charters, and charter guarantees related thereto as agreed in the Citi Cash Collateral Order. China Eximbank contributed $88.9 million USD to this syndicated loan. Citibank N.A. contributed $19.05 million USD. ING Bank N.V. later joined this facility; it contributed $19.05 million USD. Citibank Europe PLC served as the agent and Citi served as the security trustee. The facility was used to finance the successful acquisition of four vessels, the Toisa Envoy, Toisa Explorer, Toisa Elan, and Toisa Wave. As of January 2017, the unpaid principal balance on the loan was approximately $99,492,857 USD. On January 29, 2017, Toisa Ltd. filed for Chapter 11 bankruptcy protection under the United States Bankruptcy Code in Manhattan, New York. Toisa suffered from falling demand for use of its oil and gas supply vessels due to a collapse in oil prices, leaving it short of cash. At the time, Toisa was attempting to renegotiate this loan with China Eximbank, ING Bank, and Citibank. Then, in March 2019, a New York bankruptcy judge approved a plan to wind down and distribute assets of Toisa Ltd. after overruling an objection to the way it gathered consent to release company executives and other third parties from potential claims in the future.
Staff comments
1. Toisa Ltd. is a shipping company (oil fleet operator) that is legally incorporated in Bermuda and owned by Greek shipping magnate Gregory Callimanopulos. 2. One source (page 12 of "Toisa Limited Chapter 11 Case No. 17-XXXXX (XXX)") refers to the loan as the Citi Offshore Credit Facility. 3. ING Bank N.V. joined the Citi Offshore Credit Facility after it signed a transfer certificate taking half of Citi’s previous 30% share of the facility (see pg.12-13 of "Toisa Limited Chapter 11 Case No. 17-XXXXX (XXX)").