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NewSat administrators hopeful Jabiru-1 satellite project can be saved


Administrators for NewSat have told CommsDay they are hopeful of salvaging something from the company's A$620 million Jabiru-1 satellite project, noting that the company had “fantastic assets” and that the satellite build was well underway. PPB Advisory has been appointed voluntary administrator of the troubled company, while McGrathNicol has been appointed receiver following a lengthy struggle by NewSat with its overseas lenders.


As well as going into voluntary administration in Australia, NewSat has filed for Chapter 15 bankruptcy in the United States. It was granted a restraining order and a preliminary injunction on a temporary basis following an application by PPB Advisory.


PPB's practice leader for turnarounds Marcus Ayres, one of the administrators, told CommsDay
that an immediate priority would be to hold talks with satellite builder Lockheed Martin, launch provider Arianespace and a “plethora of contractors” to try to get the project back on track. He said that while it was early days, the administrators planned to start intensive negotiations with all stakeholders in the project.


According to Ayres, the timeframe for large turnarounds is typically three to four weeks, although
he noted that in the case of NewSat it is an “extremely complicated” project. However, he noted that the earlier the project got back on track, the better – given the schedules in place for launching the Jabiru-1 satellite.


Ayres nominated two likely outcomes for NewSat: either
the administrators turn the project and company around and hand it back to the directors, or there would be a sell-off of the company's assets. However, he said it was too early to say which option was the more likely.


In the meantime, NewSat directors have stepped aside
as Melbourne-based receivers McGrathNicol take over the day-to-day running of the company. McGrathNicol partner Jason Preston said the receivers' immediate priority was to take control of the assets of NewSat, assess its financial position and progress the capital raising activities recently commenced by the company. In the interim, the operations of NewSat will continue as per normal.


FINANCIAL WOES: The Jabiru-1 project has been beset
with financial issues for some considerable time. In 2012 it went into a trading halt for three months while it sought to raise $105 million to secure governmentbacked export-import loans from France and the US.
That process pushed back the launch target date from 2014 to 2016.


NewSat eventually gained a combined US$390.1 million
of debt funding from the US Export-Import Bank and France's Compagnie Francaise d'Assurance pour le Commerce Exterieur. However, its troubles started again last year when it was found to be in breach of its lending conditions and at the same time was called out for various corporate governance issues.


The company again went into a trading halt at the end of March this year after failing to come to
terms with lenders. It had been working to negotiate a waiver with its entire lending group, but earlier this month it announced that Coface would not support that waiver. The US Export-Import Bank then stated it would not advance further funds either, until a substitute funding source emerged that was acceptable to the other lenders.


The drawn out funding issues resulted in US satellite manufacturer Lockheed Martin issuing the
company a termination notice in January, in relation to the construction of the Jabiru-1 satellite. At the time it had overdue payments totalling US$21 million. Newsat also received notification from Arianespace, which is due to launch the satellite, that it was reserving all rights and remedies with respect to US$42.4 million in outstanding invoices.


Despite, the termination notice, Lockheed
Martin is believed to have continued
with the satellite build, which is estimated
to be 70% complete. In the case of Arianespace, the non-payment gave rise to a 30 day cure period. As a result, unless payments to Arianespace recommence on or before 3 May 2015, Arianespace will have
the right to terminate the launch agreement.


OTHER ASSETS: The partially-built Jabiru-1 project is not the only asset that
NewSat has. In September last year it
launched Jabiru-2, a hosted payload that
provides 216MHz of Ku-band capacity onboard
Malaysia's MEASAT-3b satellite. That provides coverage across Australia, Timor Leste, Papua New Guinea and the
Solomon Islands. The company also has
  an agreement with Cyprus-based A.P. Kypros Satellites that allows it access to eight geostationary orbital slots – valuable commodities in the satellite world.


The other part of the NewSat business is its teleports in Adelaide and Perth. But those, too, have
been struggling over the last 18 months. In its results for the first half of FY15, NewSat reported that revenue was down to $13.7 million, 17% lower than income in the first half of the previous financial year. During the first half of FY15, the company incurred a net loss of $39.7 million in comparison to a $1.6 million net loss during the previous corresponding period. It also had a negative operating cash flow of $2.7 million, in comparison to a negative operating cash flow of $1.6 million the previous year.


NewSat said the worsening performance was largely due to a previously announced wind back of
services provided by a key partner to the US government following the decrease of military activity in Afghanistan. It also continues to face challenging market conditions and weakness in economic activity in the military, mining, oil and gas industries.


NewSat's major shareholder is Ching Chiat Kwong, one of Singapore's wealthiest men. He became
a director of NewSat in July 2013 and, outside of the export-import banks, has been one of the key financiers of the project. His property company Oxley Holdings is best known in Singapore for a string of so-called “shoebox apartments” that created much of his wealth.


Geoff Long
, Commsday