DENVER, CO -- (Marketwire) -- 01/12/09 -- Apex Silver Mines Limited, (AMEX: SIL) (the
"Company") today announced that it has reached agreement with holders of
approximately 43% of the Company's $290 million convertible subordinated
notes on the principle terms of a plan of reorganization under Chapter 11
of the U.S. Bankruptcy Code. As contemplated by the proposed plan of
reorganization, if the class of convertible subordinated note holders
accepts the plan, senior creditors under the Company's guarantees of the
San Cristóbal mine's project financing facility will waive and release
their senior claims and holders of convertible subordinated notes will
receive a pro rata share of approximately $45 million in cash plus common
stock of the reorganized Company. However, if the class of convertible
subordinated note holders rejects the proposed plan, the class would
receive an allocation of cash only after payment in full of the senior
creditors. In such circumstances, the convertible subordinated note
holders would receive common stock of the reorganized Company, but might
not receive any cash distributions. The consummation of the proposed plan
of reorganization is subject to the satisfaction of numerous conditions,
including approval by the bankruptcy court of a disclosure statement
relating to the proposed plan and the closing of the previously announced
sale of the Company's interest in the San Cristóbal mine and related assets
to Sumitomo Corporation. The Company expects to commence the Chapter 11
filing this week, possibly as early as Monday, January 12.
Forward-Looking Statements
This press release contains forward-looking statements within the meaning
of Section 27A of the Securities Act and Section 21E of the Exchange Act,
including statements regarding the Company's reorganization under Chapter
11 of the Bankruptcy Code and certain of the anticipated terms of the plan
of reorganization. These statements are subject to risks and
uncertainties, including the ability of the Company to continue business
operations during the Chapter 11 proceeding; whether the Company's
anticipated financial resources during the proceedings will be sufficient
to fund its operations; the ability of the Company to obtain court approval
of various motions it expects to file as part of the Chapter 11 proceeding;
the ability of the Company to consummate a plan of reorganization as
currently planned; risks associated with third party motions in the Chapter
11 proceeding, which may interfere with the Company's ability to develop
and consummate a plan of reorganization; the potential adverse effects of
the Chapter 11 proceeding on the Company's liquidity, results of operations
or business, including its vendor terms and its ability to motivate and
retain key executives and other necessary personnel while seeking to
implement its plan of reorganization. The Company assumes no obligation to
update this information. Additional risks relating to the Company may be
found in the Company's periodic and current reports filed with the
Commission.
CONTACT:
Apex Silver Mines Corporation
Jerry W. Danni
(303) 839-5060
Sr. Vice President Corporate Affairs