GM Moves Up Bankruptcy Announcement: May 27

Robert Farago
by Robert Farago

Well, not officially. Officially, I’d be extremely surprised if GM doesn’t follow decades of precedent and save its ultimate bad news for either Friday (the 29th of May) or the weekend (a Sunday electronic filing). That said, the practice was designed to give the markets the weekend not to flip out about the latest red ink tsunami, fire sale, asset sale, etc. By now the market couldn’t give a shit, knowing as it does that General Motors stock is about to be completely worthless. Still, a new GM filing with the SEC [full press release after the jump] reveals that The General will report the failure to secure “debt reduction agreements” with the UAW and bondholders on May 27. Once that’s done, well, it’s all over bar the shouting.

DETROIT – General Motors (NYSE: GM) today filed a prospectus supplement with the Securities and Exchange Commission relating to its exchange offers for $27 billion of its unsecured public notes and the related consent solicitations that were commenced on April 27, 2009.

The prospectus supplement, which amends the information in GM’s Registration Statement on Form S-4 dated April 27, 2009 and GM’s Tender Offer Statement on Schedule TO filed on that date, provides an update regarding discussions with the U.S. Treasury, the UAW and the VEBA-settlement class representative and the satisfaction of conditions of the exchange offers. To date GM has not reached agreements with the aforementioned parties concerning the U.S Treasury debt conversion and financing commitment, VEBA modifications and other conditions of the exchange offer listed in the prospectus and does not currently expect to reach agreements prior to the May 26, 2009 expiration date and withdrawal deadline of the exchange offers.

GM expects to announce on May 27, 2009 whether the expiration date will be extended or whether the exchange offers have expired and will not be consummated for failure to satisfy one or more of the conditions.

In the event GM reaches agreement on one or more of the foregoing matters in connection with the exchange offers on or prior to May 26, 2009 (or to a later date, if the exchange offers are extended), it will disclose the terms of these agreements. Although withdrawal rights may not be extended or reinstated, holders would continue to have the right to tender old notes until the expiration or termination of the exchange offers.

The prospectus supplement filed today also includes changes made to the original prospectus, which were previously contained in the prospectus supplement dated May 14, 2009 previously filed with the Securities and Exchange Commission as part of Amendment No. 1 to GM’s Registration Statement on Form S-4. The registration statement was declared effective on May 15, 2009.

Except for the changes described in the prospectus supplement, all other terms of the exchange offers remain the same as in the original prospectus.

Robert Farago
Robert Farago

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  • Fallout11 Fallout11 on May 21, 2009

    Well said, PeteMoran. The US stock market has become little more than an electronic and largely on-line casino. Choose your number, place your bets, a net-sum game where only the house really gets ahead (thanks to trade commissions and market-driving insider connections/info, i.e. GS or JPMC). The illusion of economic activity, rather than actually investing in productive processes and job creating activities.

  • Shaker Shaker on May 21, 2009

    Strippo: "If I had invested all the quarters I wasted on Battlezone almost 30 years ago I’d be living next door to Bob Lutz now." And if I had all the hours back that I invested in the first BZ PC game as well as BZII, well, I'd not be eligible for membership in the AARP... Fish Tank: "...about to tank.... Battlezone = tank game! (I hope you meant that!) Sorry for the OT - bad news overload.

  • MaintenanceCosts I don't have an opinion on whether any one plant unionizing is the right answer, but the employees sure need to have the right to organize. Unions or the credible threat of unionization are the only thing, history has proven, that can keep employers honest. Without it, we've seen over and over, the employers have complete power over the workers and feel free to exploit the workers however they see fit. (And don't tell me "oh, the workers can just leave" - in an oligopolistic industry, working conditions quickly converge, and there's not another employer right around the corner.)
  • Kjhkjlhkjhkljh kljhjkhjklhkjh [h3]Wake me up when it is a 1989 635Csi with a M88/3[/h3]
  • BrandX "I can charge using the 240V outlets, sure, but it’s slow."No it's not. That's what all home chargers use - 240V.
  • Jalop1991 does the odometer represent itself in an analog fashion? Will the numbers roll slowly and stop wherever, or do they just blink to the next number like any old boring modern car?
  • MaintenanceCosts E34 535i may be, for my money, the most desirable BMW ever built. (It's either it or the E34 M5.) Skeptical of these mods but they might be worth undoing.
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