NEW YORK, Feb 20 (Reuters) - A U.S. bankruptcy judge on
Thursday approved Spirit Airlines' ( SAVEQ ) debt
restructuring, clearing the budget airline to convert $795
million in debt to equity and emerge from bankruptcy as a
private company.
U.S. Bankruptcy Judge Sean Lane approved the airline's
restructuring proposal at a court hearing in White Plains, New
York. Spirit's bankruptcy plan cancels existing equity shares
and hands ownership to Spirit's lenders, which include
investment funds managed by Pacific Investment Management
Company, UBS Asset Management and Citadel Advisors.
Spirit's bankruptcy deal includes a proposal to raise $350
million in additional financing through the sale of new equity
shares. The airline has said it expects to emerge from
bankruptcy in the first quarter of 2025.
Spirit recently rejected a proposed acquisition by fellow
budget airline Frontier Group, saying the proposed buyout
offered less value for Spirit's creditors than the bankruptcy
restructuring.
Frontier's latest offer would have allowed Spirit Airlines ( SAVEQ )
to retain 19% of the company's equity. But Spirit said the offer
carried additional financial costs, including costs associated
with a longer stay in bankruptcy, and more risks, including the
risk that U.S. regulators would reject the merger of the two
airlines.
Lane said on Thursday that he would issue a written decision
overruling objections raised by the U.S. Securities and Exchange
Commission and the Office of the U.S. Trustee, which is the U.S.
Justice Department's bankruptcy watchdog.
The SEC and U.S. Trustee had opposed the way that Spirit's
bankruptcy plan released shareholders' and creditors' legal
claims against non-debtors, like Spirit's lenders and its
executives. Spirit improperly assumed that the creditors gave
their "consent" to the deal unless they returned a separate "opt
out" form, according to the two government agencies.