Update: CrossHarbor Gains Edge in Yellowstone Club Auction


By Jonathan Weber , 5-14-09

Update, 10:30 p.m. MDT: The bids from Credit Suisse and CrossHarbor have been evaluated by the club and the committees that have been empowered to weigh in (the unsecured creditors committee, the ad-hoc members committee and the B shareholders). Sources say that even though the Credit Suisse bid (which includes a so-called credit bid component) has a higher dollar figure, it calls for a radical increase in member dues and includes limited working capital, and thus the CrossHarbor bid has been judged to be superior.

A hearing on this before Judge Kirscher is likely to take place Friday morning. Settlement discussions have been ongoing over the past two days but no agreement has been reached, according to multiple sources with direct knowledge of the situation.

If the CrossHarbor bid is chosen and no settlement is reached, Credit Suisse has indicated that it will continue to fight at the plan confirmation hearing scheduled for Monday. The initial court filings for that hearing show that Credit Suisse plans to argue yet again that the CrossHarbor engaged in an unsavory conspiracy with Edra Blixseth to get the club on the cheap - an argument the court has already repeatedly rejected.


The long-awaited auction for the Yellowstone Club is bogged down in a pitched battle between Credit Suisse and CrossHarbor Capital Partners - a battle that involves not just the price to be paid and the structure of the deal but, perhaps more importantly, what the plan is for the club going forward.

The parties were back in court twice on Thursday arguing over whether the proposed Credit Suisse bid was a "qualified bid." and Judge Kirscher ultimately determined that it was. A strict instruction on confidentiality by the Judge, including a threat of sanctions, means that relatively little information is available. Credit Suisse was authorized to "credit bid," meaning it could use what it's owed as part of the purchase price, but it must provide $43 million in cash plus a $14 million note for the benefit of unsecured creditors. One of the major points of contention is said to be how much money the Credit Suisse group will put up for club operations going forward.



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