Aston Martin Faces Legal Threat from Creditors Over Brand Rights Sale Plan

Deep News
Aug 04

Aston Martin creditors are threatening legal action against the luxury carmaker over a financing deal that involves selling the company's brand and naming rights.

A group of existing creditors sent a pre-action letter to the company's board on Sunday, warning they may file a lawsuit to block the financing agreement with HPS and prevent the disposal of related intellectual property assets. The cash-strapped automaker last month announced a £550 million financing package from HPS, a private credit arm of Blackstone, which includes a £450 million term loan and an additional £100 million available for future drawdowns.

However, the existing creditor group, which holds £1.3 billion in debt, has objected to the arrangement, arguing that it removes certain assets from their collateral pool and violates key terms of Aston Martin's current debt agreements. It is understood that existing creditors were not given the opportunity to provide new financing themselves.

The creditor group alleges that the HPS financing is partly contingent on Aston Martin transferring a 50.1% stake in its so-called "non-automotive intellectual property" to U.S. brand development company Authentic Brands. HPS itself is an investor in Authentic Brands, and the condition for Aston Martin to draw the additional £100 million from HPS is the completion of this brand rights deal.

Creditors believe the new financing arrangement and the intellectual property disposal will diminish the value of their collateral and constitute a default under the loan agreements. Although Aston Martin has stated that the new HPS financing is "secured by the group's assets in a newly established subsidiary," it has not clarified to bondholders which collateral has been removed from their coverage.

During a recent earnings call, the company's chief financial officer only responded that the transaction is "critical to the overall group," without providing further details. This year, Aston Martin has already raised £50 million by selling the naming rights to its F1 team, effectively injecting capital into shareholder Lawrence Stroll, who indirectly controls the team. In the first half of the year, the company spent over £19 million in "net marketing expenses" on sponsorship, essentially paying AMR a fee for using the naming rights after selling them. HPS also holds a minority stake in AMR, and the company did not respond to inquiries.

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