REG - Coventry&Rugby Hos. - Notice of Adjudication

Assured GuarantyAnnouncement

09/02/2022 17:35

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RNS Number : 2093B  Coventry & Rugby Hospital Co PLC  09 February 2022

ANNOUNCEMENT

THE COVENTRY AND RUGBY HOSPITAL COMPANY PLC - RNS ANNOUNCEMENT

 

THE COVENTRY AND RUGBY HOSPITAL COMPANY PLC (the "Issuer")

£407,239,000

3.246 per cent. Index Linked guaranteed secured bonds due 30 June 2040

(including £35,000,000 variation bonds)

(with authority to issue further bonds)

unconditionally and irrevocably guaranteed as to scheduled payments of
principal and interest pursuant to a financial guarantee policy

issued by MBIA ASSURANCE S.A. (succeeded by Assured Guaranty (UK) Ltd)

 

 

Warning Notices and Service Failure Points

 

In reference to the Project Agreement between University Hospitals Coventry
and Warwickshire National Health Service Trust, Coventry Primary Care Trust
(succeeded by Coventry and Warwickshire Partnership Trust) and The Coventry
and Rugby Hospital Company Plc, dated 3 December 2002, as amended from time to
time and the Collateral Deed between The Coventry and Rugby Hospital Company
Plc, The Coventry and Rugby Hospital Company (Holdings) Limited, Mourant &
Co. Capital Trustees Limited (succeeded by Apex Corporate Trustees (UK) Ltd)
(As Security Trustee
(https://pfi.affinitext.com/viewer/book?id=8435&folder_id=7267)
 and Bond Trustee
(https://pfi.affinitext.com/viewer/book?id=8435&folder_id=7267) ) and MBIA
Assurance S.A. (succeeded by Assured Guaranty (UK) Ltd), dated 3 December
2002. Unless otherwise defined herein, capitalised terms have the same meaning
as given to them in the Project Agreement and Collateral Deed.

On 23 December 2021 the Issuer, its Hard FM subcontractor Vinci Construction
UK Ltd and Coventry and Warwickshire Partnership Trust ("CWPT") (together the
"Standstill Parties") entered into a Standstill Agreement relating to alleged
failures. The Standstill Parties agreed that they will enter into discussions
regarding the issues with the intention of resolving these during the
Standstill Period. The Standstill Agreement also varied the terms of the
Dispute Resolution Procedure as set out in the Project Agreement in relation
to these issues.

On 31 January 2022, CWPT served a Notice of Adjudication to the Issuer in
relation to the Dispute regarding the failures. The Trust is seeking a
determination of the Deductions and Service Failure Points ("SFPs") between
October 2020 and November 2021 relating to the alleged failures. In addition,
they also seek a determination on whether a Project Co. Event of Default has
occurred under the Project Agreement and whether the Trust therefore has a
right to terminate this element of the Project Agreement. CWPT payments equate
to approximately 8% of the total Unitary Payments. The Standstill Parties will
follow the timetable set out in the Standstill Agreement in respect of this
Adjudication.

Financial Obligations

CWPT has made deductions from its Unitary Charge payments in relation to these
alleged maintenance failings. However, the Issuer fulfilled its Scheduled
Senior Debt Service obligations on 31 December 2021, without the need to
utilise cash standing to the credit of available reserve bank accounts. The
Issuer expects to be in a position to meet its next Scheduled Senior Debt
Service obligations, due on 30 June 2022, as well as all future Scheduled
Senior Debt Service obligations, without recourse to such available reserve
bank accounts.

 

Enquiries

 

The Issuer

The Coventry and Rugby Hospital Company Plc

8 White Oak Square

Swanley

Kent

BR8 7AG

 

Attention: Jacques Mostert, Project Co. Representative.

 

 

Important information

This announcement is not a prospectus, is distributed for information purposes
only and does not constitute or form part of any offer or invitation to issue,
acquire or dispose of any securities in any jurisdiction. Nothing in this
document is intended to amount to an invitation or inducement to engage in
investment activity. Nothing in this document amounts to the giving of advice.
If you are in any doubt as to the action you should take, you should consult a
professional adviser.

 

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