SIRI Sirius XM Radio announces exchange of $172.5 mln of existing Convertible Senior Notes; If these transactions are not consummated, it may be forced to file for bankruptcy protection as early as February 17, 2009 (0.09 +0.02) -Update-
Co announces that XM Satellite Radio Holdings, its wholly-owned subsidiary, had exchanged ~$172.5 mln aggregate principal amount of its outstanding 10% Convertible Senior Notes due December 2009 for a like principal amount of its newly issued Senior Secured Notes due 2011. An aggregate of $400 mln in principal amount of the 10% Convertible Senior Notes due December 2009 was outstanding prior to this transaction. The purchasers of the new Senior Secured Notes will be paid an aggregate structuring fee of $9.45 mln, $5.07 mln of which was paid in cash and $4.38 mln of which was paid in the form of shares of the co's common stock based on the closing sales price of the common stock on February 12, 2009, which was $0.074 per share. The exchange of 10% Convertible Senior Notes due 2009 for new Senior Secured Notes is part of a larger restructuring effort. The Company is in discussions with others with respect to transactions that could refinance some of its and its subsidiaries' indebtedness. These transactions may not be successfully consummated. If these transactions are not consummated, it may be forced to file for bankruptcy protection as early as February 17, 2009.