Fitch Downgrades Windstream's IDR to 'CC' Based on Court Ruling
20 FEB 2019 10:53 AM ET
Fitch Ratings-Chicago-20 February 2019: Fitch Ratings has downgraded the Issuer Default Rating (IDR) of Windstream Services, LLC (WIN; Windstream) to 'CC' from 'B'. Fitch has also downgraded the first lien secured debt ratings to 'CCC+'/'RR1' from 'BB'/'RR1', second lien secured debt ratings to 'CCC+'/'RR1' from 'BB-'/'RR2' and unsecured debt ratings to 'C'/'RR5' from 'CCC+'/'RR6'. A full list of rating actions follows at the end of this release.
The downgrade is a result of the adverse court ruling in Windstream's bondholder dispute with Aurelius Capital Management and U.S. Bank N.A. The court found that the spinoff of Windstream's network assets into a REIT, Uniti Group Inc., was invalid. The court also found that Windstream violated the terms of the indenture by engaging in an impermissible sale and leaseback transaction, and subsequent actions did not waive or cure the default arising from the breach of the covenant. The company is currently examining its options in terms of post-trial motions and an appeal.
The decision directed Aurelius to confer with the other parties in the case, and to draft a proposed judgment consistent with the court's findings. The court awarded Aurelius a money judgment in the amount of just over $310 million, plus interest from and after July 23, 2018. The judgment is to be filed no later than Feb. 25, 2019.