Two bond insurance subsidiaries of Assured Guaranty Ltd. (NYSE: AGO)
(together with its subsidiaries, Assured Guaranty) have made debt
service payments to holders of insured general obligation (GO) and other
bonds on which Puerto Rico and certain of its instrumentalities
defaulted on July 1, 2016. The table below lists the defaulting issuers,
the total principal and interest payments due July 1 from such issuers
on bonds insured by Assured Guaranty Municipal Corp. (AGM) and Assured
Guaranty Corp. (AGC), and the total gross and net claim payments by
Assured Guaranty. Assured Guaranty’s subsidiary Municipal Assurance
Corp. (MAC) has no insured exposure to Puerto Rico.
As always, investors owning Puerto Rico-related bonds insured by Assured
Guaranty will continue to receive uninterrupted full and timely payment
of scheduled principal and interest in accordance with the terms of
Assured Guaranty’s insurance policies. The bond trustee, paying agent
or, in the case of secondary market policies, custodian files the claim
with Assured Guaranty on behalf of the bondholders, and therefore no
action is required on the part of investors to receive their scheduled
debt service payments. Assured Guaranty makes the claim payment directly
to the relevant bond trustee, paying agent or custodian, who then
distributes the funds in the same manner as when paid by the issuer.
Under its standard municipal bond insurance policy, Assured Guaranty
makes its payment no later than one business day after the claim is
received, but not before the payment due date.
Assured Guaranty issued the following statement concerning the default:
It is regrettable that Puerto Rico has chosen to violate its
constitution by ignoring the senior payment priority securing the
Commonwealth’s GO bonds. The Puerto Rico constitution unambiguously
states that the Commonwealth’s GO debt is to be paid before all other
expenditures, and no funds may be applied to other obligations until the
GO debt has been fully paid.
The default on all the GO bond payments continues the pattern of bad
faith and reckless disregard for the law that has characterized the
current administration. Budgets recently proposed by both the Puerto
Rico administration and the Puerto Rico assembly have referenced
available monies for at least partial payments of the GO bonds. The
decision to default in full on GO debt payments appears opportunistic in
the wake of the recent enactment of the Puerto Rico Oversight,
Management, and Economic Stability Act (PROMESA), which has a provision
staying creditor lawsuits. Throughout the last week of June, in an
effort to facilitate the administrative aspects of making timely
payments to insured investors, Assured Guaranty attempted, to no avail,
to determine from Puerto Rico which Assured Guaranty insured credits
would have claims for July 1 payments.
Additionally, Puerto Rico’s clawbacks, beginning in December 2015, of
revenues pledged to certain non-GO debt would have been lawful and
permissible only when all other revenue sources for GO payments had been
exhausted, a condition that was not met at the time the clawbacks were
initiated and that remains unmet. And insofar as clawbacks were
constitutionally permitted, any funds clawed back may only be applied to
pay GO debt. Puerto Rico has said that through June 30, 2016 it clawed
back $453 million, of which it applied $164 million to GO bond payments
due in January 2016. Of the $289 million balance, none was applied to
the July 1, 2016 GO bond payments, $143 million is reportedly being held
at the Government Development Bank where it is essentially frozen, and
$146 million is reportedly being held at a commercial bank without
disclosure of how such monies will be applied.
The Commonwealth’s disregard for the rule of law has disastrous
ramifications for Puerto Rico’s credibility and future access to the
capital markets. It will increase the future cost of borrowing to fund
the infrastructure it needs to revive its economy, and the ultimate
victims will be the people of Puerto Rico, who have been badly served by
multiple administrations.
Assured Guaranty and many retail and mutual fund investors have helped
Puerto Rico fund its infrastructure for many years and have every
interest in seeing Puerto Rico return to financial health and economic
vitality. Unfortunately, the essential steps to achieve those goals,
including coming to fair consensual agreements with creditors, rooting
out corruption and tax avoidance, and making accurate and timely
financial disclosures, have not been undertaken by the current
government.
Despite the historic size of Puerto Rico’s default and the current
administration’s contempt for the rule of law, Assured Guaranty will
continue to work with other creditors, current and future Puerto Rico
administrations and the PROMESA oversight board to achieve consensual
agreements that respect the constitutional, statutory, contractual and
property rights of creditors while also supporting the island’s economic
recovery.
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Principal and Interest Due July 1, 2016 and Claims Paid by
Assured Guaranty
($ in millions)
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Total Payment
Due By Obligor
(Gross P&I)
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Total
Claim Paid
(Gross P&I)
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Commonwealth Constitutionally Guaranteed
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Commonwealth of Puerto Rico (General Obligation)
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210
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196
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Puerto Rico Public Buildings Authority (PBA)
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9
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8
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Public Corporations - Certain Revenues Subject to Clawback
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Puerto Rico Highways and Transportation Authority (PRHTA -
Transportation)
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55
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0
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Puerto Rico Highways and Transportation Authority (PRHTA - Highway)
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34
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0
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Puerto Rico Convention Center District Authority (PRCCDA)
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15
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0
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Puerto Rico Infrastructure Financing Authority (PRIFA)
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<1
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<1
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Other Public Corporations
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Puerto Rico Electric Power Authority (PREPA)1
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45
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0
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Puerto Rico Aqueduct and Sewer Authority (PRASA)
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25
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0
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Puerto Rico Municipal Finance Agency (MFA)
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9
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0
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Puerto Rico Sales Tax Financing Corporation (COFINA)
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0
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0
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University of Puerto Rico (UPR)
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0
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0
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Gross Total
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403
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205
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Expected Additional Claims from Exposure Assumed by Providing
Reinsurance:
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11
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Expected Reimbursement from External Reinsurers and Other
Reimbursements:
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-33
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Estimated Net Claims Paid:
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184
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(1) Assured Guaranty participated in a bond purchase agreement that
allowed PREPA to fund its full
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payment to bondholders. See the Assured Guaranty press release dated
June 30, 2016.
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Data is as of July 6, 2016 and is subject to adjustment. As of July 6,
2016, Assured Guaranty has received $205 million of claim notices, all
of which have been processed in full. For any obligor where amounts were
due but no claims were paid, the payments were made by the obligor or
from its available reserves.
With $12 billion in claims-paying resources across its group of
companies and approximately $400 million generated each year from its
$11 billion investment portfolio alone, Assured Guaranty’s liquidity and
capital position are very strong. This is further evidenced by looking
at S&P’s capital model, where the company estimates that its excess
capital was more than $2.6 billion above S&P’s AAA requirement as of
year-end 2015.
Cautionary Statement Regarding Forward-Looking Statements
Any forward-looking statements made in this press release reflect
Assured Guaranty’s current views with respect to future events and are
made pursuant to the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995. Such statements involve risks and
uncertainties that may cause actual results to differ materially from
those set forth in these statements. These risks and uncertainties
include, but are not limited to, those resulting from adverse
developments in Puerto Rico or at any of its instrumentalities, an
inability or failure of creditors and the Commonwealth to implement a
consensual restructuring, litigation that has already been initiated or
may be initiated in the future, governmental or legislative action or
inaction by Puerto Rico or the United States, other risks and
uncertainties that have not been identified at this time, management’s
response to these factors, and other risk factors identified in Assured
Guaranty’s filings with the Securities and Exchange Commission. Readers
are cautioned not to place undue reliance on these forward-looking
statements, which are made as of July 7, 2016. Assured Guaranty
undertakes no obligation to publicly update or revise any
forward-looking statements, whether as a result of new information,
future events or otherwise, except as required by law.
Assured Guaranty Ltd. is a publicly traded Bermuda-based holding
company. Its operating subsidiaries provide credit enhancement products
to the U.S. and international public finance, infrastructure and
structured finance markets. More information on Assured Guaranty Ltd.
and its subsidiaries can be found at AssuredGuaranty.com.