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Anchor Glass Expects Covenant Default Following Disappointing Financial Results; Board Appoints Restructuring Committee; Senior Secured Note Coupon Payment Uncertain; Review of Accounting Commenced.


TAMPA, Fla. -- Anchor Glass Container Corporation (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
: AGCC) announced today that as a result of substantially lower than expected results for May and June 2005, the Company does not expect to be in compliance with its fixed charge coverage ratio under its two revolving credit agreements Revolving credit agreement

A legal commitment in which a bank promises to lend a customer up to a specified maximum amount during a specified period.


revolving credit agreement

See line of credit.
 with Wachovia Bank NA and Madeleine Madeleine (măd`əlĭn, Fr. mädlĕn`) [Fr.,=Magdalen, i.e., Mary Magdalen], large church of Paris, in the Place de la Madeleine. It was originally planned by J. A.  LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 as well as its capital leases with General Electric Credit Corporation. The Company further announced that it is in discussions with these lenders to seek waivers or modifications of their covenants. Based on discussions with its revolving credit Revolving Credit

A line of credit where the customer pays a commitment fee and is then allowed to use the funds when they are needed. It is usually used for operating purposes, fluctuating each month depending on the customers current cash flow needs.
 lenders, Anchor stated that it expected to be able to draw funds under its revolving credit facilities to pay ordinary course liabilities, but it noted that the Company's expected non-compliance with its fixed charge coverage ratio would permit the lenders to accelerate the maturity of the indebtedness owing under these facilities if the lenders determined to do so.

The expected disappointing financial results in the second quarter reflect weak sales and higher costs for energy, soda ash soda ash: see sodium carbonate.  and other raw materials, and freight, which the Company has not been able to recover from customers on a current basis. As a result, the Company has been unable to improve its profitability or liquidity during the second quarter as had been anticipated.

The Company also stated that as a result of the expected poor results and default under its revolving credit agreements, there could be no assurance that it would be able to pay the $19.2 million of interest due August 15, 2005 on its $350 million 11% senior secured notes due 2013. The failure to pay interest when due, after a 30 day grace period, or the acceleration of other indebtedness by the holders thereof, would constitute an event of default under Anchor's senior secured notes and permit the holders to accelerate the maturity of the senior secured notes.

The Company stated that it was in preliminary discussions concerning a possible equity investment in the Company that would provide it sufficient liquidity to enable it to make the interest payment, but any agreement to provide that equity investment would likely be subject to material conditions and there could be no assurance that the equity investment would be consummated con·sum·mate  
tr.v. con·sum·mat·ed, con·sum·mat·ing, con·sum·mates
1.
a. To bring to completion or fruition; conclude: consummate a business transaction.

b.
 or as to the terms thereof.

Anchor announced that it is also exploring other alternatives, which may include a restructuring of its indebtedness and that, in that connection, a special committee of its independent directors had been formed to guide a possible restructuring. In the event that the Company is unable to obtain necessary waivers and liquidity so as to make the interest payments on its senior secured notes, or is unable to effect an out-of-court restructuring of its indebtedness, the Company may be required to file for bankruptcy protection under Chapter 11 of the U.S. Bankruptcy Code Bankruptcy Code may refer to:
  • Bankruptcy in Canada
  • Bankruptcy in the United States
  • Bankruptcy in China
. Any potential restructuring of Anchor's indebtedness may result in substantial dilution to Anchor's existing stockholders.

Anchor also announced that its audit committee had commenced a review of approximately $4.5 million of customer payments received and recorded as income during the second quarter of 2003 to determine if such accounting was appropriate. The audit committee is also reviewing similar smaller transactions recorded in other accounting periods prior to 2005 in order to determine whether they were properly accounted for. Mark Burgess Mark Burgess may refer to:
  • Mark Burgess (computer scientist) (born 1966), Norwegian computer scientist
  • Mark Burgess (cricket player) (born 1944), New Zealand cricket player
  • Mark Burgess (musician), English musician
, who joined Anchor as chief financial officer in May 2005, stated that, "At this time, Anchor cannot determine whether it will be able to make its SEC filing for the quarter ended June 30, 2005 in a timely manner."

About Anchor

Anchor Glass Container Corporation is the third largest manufacturer of glass containers in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . It has eight strategically located facilities where it produces a diverse line of flint (clear), amber, green and other colored glass containers for the beer, beverage, food, liquor and flavored alcoholic beverage alcoholic beverage

Any fermented liquor, such as wine, beer, or distilled liquor, that contains ethyl alcohol, or ethanol, as an intoxicating agent. When an alcoholic beverage is ingested, the alcohol is rapidly absorbed in the stomach and intestines because it does not
 markets.

Forward-Looking Statements forward-looking statement

A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections.
 

This press release includes forward-looking statements. Forward-looking statements include, without limitation, any statement that may predict, forecast, indicate or imply future results, performance or achievements. Forward-looking statements involve risks and uncertainties faced by the Company including, but not limited to, economic, competitive, governmental and technological factors outside the control of the Company that may cause actual results to differ materially from the forward-looking statements. These risks and uncertainties may include the highly competitive nature of the glass container industry Glass containers are common parts of everyday life - we enjoy beverages such as water, soft drink, juice, beer, wine, spirit from bottles - jams and spreads from jars. The glass container's manufacture often involves a far greater level of complexity, automation and involvement  and the intense competition from makers of alternative forms of packaging; fluctuations in the prices for energy, particularly natural gas, and other raw materials; the Company's focus on the beer industry and its dependence on certain key customers; the seasonal nature of brewing and other beverage industries; volatility in demand from emerging new markets; the Company's dependence on certain executive officers; changes in environmental and other government regulations; and actions that may be taken by creditors and vendors. The Company operates in a changing environment in which new risk factors can emerge from time to time. It is not possible for management to predict all of these risks, nor can it assess the extent to which any factor, or a combination of factors, may cause actual results to differ materially from those contained in forward-looking statements. All forward-looking statements are subject to risks and uncertainties, including without limitation those identified in the Company's annual report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
, which could cause actual results to differ from those projected. The Company disclaims any obligation to update any forward-looking statements.
COPYRIGHT 2005 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jul 19, 2005
Words:898
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