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Regulators Refusing to Act - Hyflux & Noble Group's Decline

Jerome must be a scholar!!!!! Let me rephrase

The Polis Force and LTA are also monitoring the developments closely. There are adequate measures in place to ensure that traffic lights are working. Traffic Lights are critical to Singapore's roads and it is a key strategic priority of the Government to keep our traffic smooth.

As you are aware, leaving home carries risks.

Road users can come under traffic stress and not immune to accidents. There are always cars on the road. We seek you understanding that TP, LTA and Cisco Wardens are unable to prevent a car from knocking you which you leave your house. (Report to us also no use)

Regards

Jerime Lee
Scholar-Inspector (Corporate Communications), PSLE, GCE O-LEVELs, GCE A-LEVELs, BBA (Hons), MBA, PHD, PDip (Comms)
Traffic Polis

MAS's reply - As you are aware, all investments carry risk

Investors are just reporting to the "traffic police because there are illegal modification of vehicles which have caused massive accidents", and the traffic police can still claim things like crossing the road sure got risks? (All investments carry risk)

These fat cats just don't want to work.
 
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REMINDER: Voting is on Friday, 5 Apr 2019.

If you are sending proxy forms, the forms have to reach them 3 days before the meeting.
BY 2 APRIL 2019

Why you should vote NO
- Indonesians make money from your write-offs. There is no synergy for merging Pacific Light and Hyflux. Pacific Light will drag down Hyflux more, they themselves are struggling with less than 10% market share in the Open Electricity Scheme.
- They don't have projects or plans for Hyflux. Even if there is, it will be their Indonesian subsidiaries benefiting from it, not New Hyflux.
- If you vote No, at least you are doing your best to force creditors to give you better terms. In fact, voting yes, means making government bailout impossible to implement (if you are praying on one).
 
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Voting NO is important. It buys time, but to solve the root of the problem, these two groups can tweak the game in retail investors' favour:
1. Government Take-over
I need not explain too much on this. Government policy-failures and accounting fraud created this mess. Government's intervention is a win-win for everyone and government can still make good money along the way. Nothing wrong with helping 50000 Singaporeans and their families right?


2. Perpetual Bond Holders.
The unpaid XD coupon in 2018 is a real breach of term-sheet that can trigger mandatory redemption. Due to the breach, the seniority of perpetual bonds is the same as senior unsecured creditors (including the contingency liabilities). In fact, contingency liabilities have lower seniority than these perpetual bonds in a technical default because contingency claims will not materialize unless project is not completed (IT IS VERY COMMON FOR DELAYS IN PROJECTS, please do not over-react).

However, having perpetual bonds classified with the senior unsecured creditors will reduce their bonus payouts. In the media, it was estimated that senior unsecured creditors can get about 25% back (assuming full contingency claims) but I shared last week that they can get as much as 60-75% back if there is lower or no contingency claims. Imagining adding half a billion worth of Perpetual bonds in this "class" and the bankers will be getting significantly less than 60% back; giving the likelihood that more bankers will also vote NO and ruin EY's evil plans.

Otherwise, as long as perpetual bondholders file for winding-up/mandatory redemption, qualifies as a third separate class on their own and with junior unsecured creditors (preference shares), retail investors will be controlling 2 out of 3 classes of creditors. Going forward, EY cannot bully retail investors.

It has been almost a year, perpetual bondholder trustee did not do anything about it to protect the retail investors. Perpetual bondholders need to checkmate EY before April 5.
 
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Further explanation on Government Take-over
Government policy-failures and accounting fraud created this mess. Government's intervention is a win-win for everyone and government can still make good money along the way. Nothing wrong with helping 50000 Singaporeans and their families right?


Reference:
In Aug 2018, PUB issued bonds 3.01% bonds due 2032:
  • While these bonds have a long-maturity date, they trade near 100-par because these are quasi-sovereign. Retail investors can offload them at fair prices when needed and Insurers / financial institutions need a lot of these investment-grade bonds in their portfolios
  • NEA sets the rules for the utilities scene in Singapore; this is most transparent way of taking over Hyflux swiftly, without prejudice or need to argue over assets valuations with bankers and less-interpreted as a government bailout as existing creditors will still suffer some losses on the unpaid-interests and (new) lower-yields for the proposed NEA bonds.
  • Local investors are badly wounded by the Offshore & Marine counters, Noble Group and Hyflux bonds in the past two years. To be a global bond-centre, Singapore needs a massive issue of investment-grade bonds to inject liquidity and attract global financial institutions.

Reference from UOB:
https://www.uobgroup.com/web-resources/uobgroup/pdf/research/MSN_180221.pdf

The Singapore Budget 2018 statement lists 3 specific projects that may be funded by Infrastructure Bonds are, i.e. the National Environment Agency (NEA) will look at borrowing to finance the upcoming Integrated Waste Management Facility, the Land Transport Authority (LTA) will also look at borrowing for upcoming projects such as the KL-Singapore High Speed Rail and the JBSingapore Rapid Transit System Link and Changi Airport Group (CAG) will look at borrowing for construction of Changi Airport Terminal 5 (T5). Bear in mind that the above three highlighted projects is by no means exhaustive. Furthermore, projects to be funded via bonds need not just be of “marquee” undertaking. Thus even upgrades to existing infrastructure may also be included and thereby ensuring a continuous supply of Infrastructure Bonds.

Government cannot just rely on SGS Bonds. pursuant to the Government Securities Act and Local Treasury Bills Act, SGS issuance proceeds are paid into a Government Securities Fund, and outward payments from this fund are generally limited to the paying of interest and repayment of principal associated with SGS issuance only. In other words, the existing laws and regulations do not allow the government to spend the proceeds nor returns from SGS issuance. As such, an alternative avenue of funding has been identified and the proposal to issue Infrastructure Bonds instead of issuing more Singapore Government Bonds will increase the variety of bonds in the local market as well as increasing the transparency and accountability of such infrastructure projects.

Investor confidence on quasi-sovereign bonds are high and there should not be any uncertainty surrounding the Singapore government’s guarantee since Singapore’s has AAA credit rating accorded by various international credit ratings agencies. Specifically, there are now less than 10 countries globally that have long term AAA credit rating across all three major rating agencies Moody’s, S&P and Fitch.
 
Further explanation on Perpetual Bond Holders
The unpaid XD coupon in 2018 is a real breach of term-sheet that can trigger mandatory redemption. Due to the breach, the seniority of perpetual bonds is the same as senior unsecured creditors (including the contingency liabilities). In fact, contingency liabilities have lower seniority than these perpetual bonds in a technical default because contingency claims will not materialize unless project is not completed (IT IS VERY COMMON FOR DELAYS IN PROJECTS, please do not over-react).

However, having perpetual bonds classified with the senior unsecured creditors will reduce their bonus payouts. In the media, it was estimated that senior unsecured creditors can get about 25% back (assuming full contingency claims) but I shared last week that they can get as much as 60-75% back if there is lower or no contingency claims. Imagining adding half a billion worth of Perpetual bonds in this "class" and the bankers will be getting significantly less than 60% back; giving the likelihood that more bankers will also vote NO and ruin EY's evil plans.

Otherwise, as long as perpetual bondholders file for winding-up/mandatory redemption, qualifies as a third separate class on their own and with junior unsecured creditors (preference shares), retail investors will be controlling 2 out of 3 classes of creditors. Going forward, EY cannot bully retail investors.

It has been almost a year, perpetual bondholder trustee did not do anything about it to protect the retail investors. Perpetual bondholders need to checkmate EY before April 5.




Reference: Condition 9 of Hyflux Perpetual Bonds Term Sheet
http://investors.hyflux.com/newsroom/Hyflux_Ltd_-_OIS_Perpetual-Capital-Securities-17May2016.pdf

(a) Non-payment when Due
Notwithstanding any of the provisions below in this Condition 9, the right to institute
proceedings for Winding-up is limited to circumstances where payment has become due.


Reference: The non-payment of the XD coupons for perpetual bonds was a material breach of the term sheet ("Enforcement Event"). Hyflux was also not supposed to pay the preference and ordinary shareholders dividend without paying the perpetual bondholders. ("Default")

(b) Proceedings for Winding-up
If (i) a final and effective order is made or an effective resolution is passed for the Winding-up
of the Issuer or (ii) the Issuer fails to make payment in respect of the Securities on the date
on which such payment is due and such failure continues for a period of seven business days
after the due date (together, the “Enforcement Events”), the Issuer shall be deemed to be
in default under the Trust Deed and the Securities and the Trustee may, subject to the
provisions of Condition 9(d), institute proceedings for the Winding-up of the Issuer and/or
prove in the Winding-up of the Issuer and/or claim in the liquidation of the Issuer for such
payment.


(c) Enforcement
Without prejudice to Condition 9(b) but subject to the provisions of Condition 9(d), the
Trustee may without further notice to the Issuer institute such proceedings against the Issuer
as it may think fit to enforce any term or condition binding on the Issuer
 
This is terrible, i think SIAS betrayed the retailed investors again. Accusing retail investors as "voting in anger" in a bias.
https://www.channelnewsasia.com/new...ays-sias-as-distressed-hyflux-retail-11288732
SIAS dare not highlight the three benefits that I highlighted above, if retail investors vote NO.

LOL, uncle @JustLikeThis you are just dreaming. The article said investors should vote with their heads, not heart.

But Ernst confirm think with their brains. (not just heads)

In Noble's chatgroups, Ernst planted people to mislead the investors using fake accounts and sold a huge tranche of bonds before Noble went bust, and they bailout the bankers, so that the restructuring still go through as long as bankers support. They fucking smart de.
 
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LOL, uncle @JustLikeThis you are just dreaming. The article said investors should vote with their heads, not heart.

But Ernst confirm think with their brains. (not just heads)

In Noble's chatgroups, Ernst planned people to mislead the investors using fake accounts and sold a huge tranche of bonds before Noble went bust, and they bailout the bankers, so that the restructuring still go through as long as bankers support. They fucking smart de.

If you compare against Noble, there are less resistance by Hyflux retail investors, than Noble. EY is having a easier time here.

SIAS is telling the investors to vote for a politically-correct, or text-book answer, $3 is better than $0 when you lost $100.
I think it boils down to common sense. Apparently, they are too biased, to think that novice investors trust SIAS's advice.

Now, voting NO can buy time to find more options.
Voting No forces other parties to give us a better deal.
Voting No tells the bullies that we will sink the boat with them on board if they treat us like beggars.
It is just common sense.
 
Ha Ha !

so many sammyboy dummys donate money to auntie olivia !

and you want PAP to spend $1 Billion dollars to bail out these suckers ?

the chance of that happening is about 0.00% !
 
Let Huatable enlighten you people. You just vote No.

Olivia was once worth US$400m, so she can't be too broke now. Hyflux only offered S$27m to Preference Shareholders and Perpetual Bondholders. Suing and sending Olivia to jail for the scam accounts should be able to fetch much more than S$27m.

When the voting don't go through, you might not even have to dirty your hands, banks will start to sue Olivia too.
 
Thoughts of a Cynical Investor
https://atans1.wordpress.com

Hyflux on investor losses: “Not our fault, banksters at work”
In Accounting, Banks, Financial competency on 27/02/2019 at 5:08 am

OK, OK, Hyflux never said this. But going by what it has said publicly (See below), one can reasonable infer that this is the message it’s trying to imply: the motor-cycle riding Ms Lum, other investors, employees etc are suffering because Hyflux’s banksters were scared of losing their money, making a run at Hyflux, trying to squeeze money from Hyflux’s hard assets.

Let me explain.

According to Hyflux everything was fine financially in March when it’s auditors chanted everything was halal, not haram.
When KPMG issued an unqualified opinion on the full year results for the Hyflux Group in March 2018, there were no events or conditions that individually or collectively, cast significant doubt on the going concern assumption as at the balance sheet date of 31 December 2017, or at the audit report date of 22 March 2018.​
Must be joking, right?
Auditors are supposed to assess continual use of going concern assumptions over the next 12 months as per the Singapore Auditing Standards SSA 570. With the (bankruptcy) protection filing date being two months after KPMG’s sign-off date, what are the material variances which have not been contemplated resulting in this failed assessment? - BT quoting an investor who lost $ in Hyflux​
—————————————————————————————————-
Then according to Hyflux, everything went wrong when in May, there was a run on Hyflux by its banksters. Because of its bad (and unexpected?) Q12018 results announced on 9 May: “certain financiers expressed concerns over their ability to continue with existing credit exposures to the group.”* They tot halal Hyflux had transmuted into haram Hyflux.

Reminds me of the joke which Hyflux should have quoted:

A Banker Lends You His Umbrella When It’s Sunny and Wants It Back When It Rains​
(Often attributed to Mark Twain)​

But to be fair to its banks, did Hyflux tell its banks post December 2017 results, that everything was oh so fine financially, so that the 1Q 2018 results came as a big surprise to its lenders?

To be continued.

Remember MayBank (the non-recourse lender) according to Hyflux really believed that Tuaspring was worth more than $1bn.
When Hyflux was first awarded the Tuaspring project in 2011, based on the financial model which modeled the cashflow projections from the project, the power plant was expected to generate profits from day one. This financial model was audited by an external financial model auditor and furnished to the offtaker. In 2013 when Tuaspring was able to secure a non-recourse project financing loan, the lender commissioned an independent market study of the project which arrived at similar conclusions supporting the book value of approximately SGD1.4 billion.​
———————————————-
*This is what Hyflux said:

The operating losses of Tuaspring drove Hyflux to record its first full year of loss in 2017. When losses were also reported in its first quarter 2018 results released on 9 May 2018, certain financiers expressed concerns over their ability to continue with existing credit exposures to the group. This, coupled with the uncertainty of Tuaspring divestment or entry of a strategic investor, raised a significant spectre of an upcoming liquidity crunch. Accordingly, subsequent to discussions with its legal and financial advisors, the Hyflux Board was advised to proactively take steps to make an application for a moratorium order, which is where events stand today. At that point in time, the company was in full compliance with its financial covenants and was not in default of any financing facility.​
 
Hyflux involved in fake accounting but regulators turn an blind eye.

 
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To think that this thread was about Noble and Hyflux, it was an oversight that the EY was also the one who helped Noble's management escape with huge payouts. EY people are bastards but we continue to under-estimated them.

In Noble's chatgroups, Ernst planted people to mislead the investors using fake accounts and sold a huge tranche of bonds before Noble went bust, and they bailout the bankers, so that the restructuring still go through as long as bankers support. They fucking smart de.

Another fine example of EY's plots:
- Proxy forms were not sent and hidden in the middle of a 350-pages online pdf file.
- Even the voting documents did not mention to retail investors that they will just get 3% back.
Seriously what is our cowboy stock exchange doing?

 
Cheated by PAP of my hard earned retirement monies. Jail Olivia and whoever in charge of preparing the Hyflux books!

The silence from government is deafening.
Regulators no eye. Hope Heaven will punish these con-mans.

ZB_0222_CJ_doc746e9zf39sj9eiyflyz_21221039_nggl.jpg
 
Ha Ha !

you want Pinky to give you peasants $1 Billion in cash ?

that is $1,000,000,000 !
 
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