DENVER, CO -- (Marketwire) -- 12/18/08 -- Apex Silver Mines Limited (AMEX: SIL) today
provided an update regarding the company's restructuring and financing
arrangements.
Letter of Intent for Sale of San Cristobal to Sumitomo
As announced on November 14, 2008, Apex Silver Mines Limited ("Apex
Silver") entered into a non-binding letter of intent with Sumitomo
Corporation ("Sumitomo") providing for the sale of Apex's interest in the
San Cristobal mine to Sumitomo for a cash purchase price of $22.5 million,
payable at the closing of the sale. Apex Silver would continue to manage
the mine following the sale. Apex Silver and Sumitomo are continuing to
negotiate definitive documentation related to this transaction. Upon
completion of the sale, the holders of the Apex Silver $290.0 million in
convertible notes would be entitled, under the existing terms of the notes,
to redeem the notes for cash. The non-binding letter of intent is subject
to significant conditions, including the restructuring of the Apex Silver
convertible notes in a voluntary reorganization under chapter 11 of the
U.S. Bankruptcy Code.
Termination of Derivative Positions
Apex Silver, Sumitomo and Minera San Cristobal, S.A. ("MSC") have entered
into agreements with BNP Paribas and Barlcays PLC for the termination of
the derivative positions established as a requirement of the San Cristobal
project financing arrangements. Apex Silver paid approximately $59.0
million, or 65% of the final net settlement amounts with respect to the
derivative positions, and repaid Sumitomo $7.5 million in respect of 65% of
funding previously provided by Sumitomo to MSC to settle certain derivative
positions. Apex Silver made these payments from the $91.0 million
previously deposited by Apex Silver as cash collateral for the benefit of
the counterparties to the derivative positions. Apex Silver received the
remaining cash collateral, totaling $24.5 million.
Project Finance Loans Acquired by Sumitomo
Sumitomo has acquired 90% of the San Cristobal project finance loans from
the lenders at par plus accrued interest, together with the right to
exercise remedies of the lenders against MSC, Apex Silver and other Apex
Silver subsidiaries. As previously disclosed, Apex Silver anticipates that
Sumitomo, as the current holder of the San Cristobal project finance loans
and the rights to exercise remedies against MSC, will have the right to
accelerate the indebtedness outstanding upon a default by MSC or Apex
Silver and its affiliates including the circumstances described in Apex
Silver's quarterly report on Form 10-Q, for the quarter ending September
30, 2008.