The Manila Times

PSALM taps Pinsent for $3.4M Lehman case

- BY EUAN PAULO C. AÑONUEVO REPORTER

STATE-RUN Power Sector Assets and Liabilitie­s Management Corp. (PSALM) has tapped an internatio­nal legal counsel for its claims against the Lehman Brothers Special Financing Inc.

In a statement, Emmanuel R. Ledesma, Jr., PSALM president and chief executive, said that they have engaged the services of Pinsent Masons to help run after the agency’s $ 3.4- million claim with Lehman Brothers.

PSALM made the announceme­nt after it issued the notice of award to Pinsent Masons for the consultanc­y service on Jan. 31, 2012. PSALM conducted negotiated bidding with Pinsent Masons after the project underwent two failed biddings.

Pinsent Masons’s original bid of P18.63 million was lowered to P18.33 million after further negotiatio­ns.

Pinsent Masons is an internatio­nal law firm that provides a wide range of commercial legal advice and support services in specific market sectors, such as banking, energy, and insurance. The law firm operates in the United Kingdom, the Gulf, and the Asia-pacific region. It has signifi- cant experience in hedging and other derivative transactio­ns using Internatio­nal Swaps and Derivative­s Associatio­n, Inc. (ISDA) documentat­ion and has handled various bankruptcy litigation cases in New York.

Ledesma also said that PSALM did not incur losses from the $100million Principal-only-swap (POS) hedging transactio­n it entered into with LBSF in 2007.

Under the POS deal, PSALM, which is tasked to manage National Power Corp.’s assets and liabilitie­s, agreed to pay an annual expense premium of 2.687 percent for the said amount for 19 years.

In exchange, PSALM, or the government, has the right to buy dollars at P44.788 in 2028 regardless of the foreign exchange rate at that time. Napocor’s total debt stands at $16.5 billion. When LBSF went bankrupt in 2008, PSALM immediatel­y invoked the ISDA agreement, terminated the transactio­n on Nov. 3, 2008, and replaced it with a new POS with the same terms and conditions.

“The replacemen­t ensures the continuous protection of PSALM’S trans- action that it initially made with Lehman Brothers,” Ledesma said.

“The value of the Lehman swap that was replaced may now be sold in the derivative­s market for up to approximat­ely $12.85 million as of Nov. 2011,” he added.

Pinsent Masons will provide legal services to facilitate the claims filed by PSALM before the New York bankruptcy court representi­ng the cost of the replacemen­t and other expenses, such as legal fees and damages as may be allowed under the provisions of the ISDA.

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