Audacy and Creditors Agree on Extension of Grace Period
As Audacy continues to engage in discussions with its creditors with respect to potential alternatives regarding a restructuring of its outstanding indebtedness, the company gains an extension on the grace periods before defaulting. Regarding its latest Credit Facility Amendment, it “extends the grace period before which a default in the payment of interest matures into an Event of Default to 68 calendar days. However, if lenders holding a majority of the outstanding obligations under the Credit Facility have not
received a substantially final form of agreement with respect to a consensual transaction relating to the Issuer’s funded indebtedness satisfactory to such lenders on or before December 15, 2023, the grace period extension expires after 45 calendar days. This is relevant to the following Credit Facility interest payments: approximately $17,000,000 originally due on October 31, 2023; approximately $785,592 originally due on November 8, 2023; and approximately $1,125,000 originally due on December 28, 2023. Regarding the Receivables Facility Amendment, it amends the cross-default that would otherwise occur under the Receivables Facility in respect of certain defaults in the payment of interest under the Credit Facility, with the effect that such interest payment defaults will not result in an event of default under the Receivables Facility until the expiration of the 68 or 45 calendar day grace periods… and extends certain related covenant accommodations with respect to the Company’s liquidity position through January 7, 2024.”
The filing comes as Audacy “continues to engage in discussions with its creditors with respect to a number of potential alternatives regarding a restructuring of the Company’s outstanding indebtedness.” It also announces in the filing that JPMorgan Chase Bank, N.A. has resigned as Letter of Credit Issuer and Swing Line Lender (both as defined in the Credit Facility) and that Wilmington Savings Fund Society, FSB was appointed as Administrative Agent and Collateral Agent under the Credit Facility.
notes due March 31, 2029 that extends the grace period before which a default in payment of interest on the 2029 Notes matures into an Event of Default by 30 days. The grace period for the interest payment under the 2029 Notes Indenture in the amount of approximately $18 million that was due on September 30, 2023, which, as previously disclosed, the Issuer elected to utilize, now ends on November 29, 2023. Additionally, Audacy is using the 30-day grace period under the existing indenture governing its 6.500% senior secured second-lien notes due May 1, 2027 for the interest payment in the amount of approximately $15 million that is due on Wednesday, November 1, 2023. Audacy intends to utilize the 3-business day grace period under the credit agreement, dated as of October 17, 2016, among the Issuer, the guarantors named therein, the lenders named therein and JPMorgan Chase Bank, N.A., as administrative agent for the lenders and collateral agent for the secured parties thereunder, for interest payments in the aggregate amount of approximately $17 million that are due on Tuesday, October 31, 2023.