Amber companies are those which were capable to service debts of only certain senior secured creditors. They can not service debt of other creditors. Pro-rata debt servicing for ‘amber’ companies of IL&FS is learnt to have been discussed at a recent meeting of a high-level committee. At present, companies of IL&FS under the ‘green’ category are servicing debt.
In order to make special purpose vehicles of IL&FS group entities equity positive, favourable interest rates for them is under consideration. For this, the IL&FS board is likely to engage with creditors.
As per the National Company Law Appellate Tribunal (NCLAT) order, debt-servicing was allowed only for ‘green’ companies. The government, however, feels that if amber companies are allowed to service debts, it could be a deviation from the waterfall mechanism of the insolvency code.
The ten companies in the green category, for which the new directors of IL&FS have initiated the sale process, include Lalpur Wind Energy Private Limited, Etesian Urja Limited, ONGC Tripura Power Company Limited, IL&FS Paradip Refinery Water Limited, IL&FS Solar Power Limited, Mangalore SEZ Limited, and IL&FS Technologies Limited. Of the total subsidiaries of IL&FS, only 11 remain to be classified.
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