Receivers confident Baha Mar buyer ‘in place’ by end-2016

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Baha Mar’s receivers yesterday expressed optimism that a new owner for the $3.5 billion project will be “in place” before year-end 2016, with all bids due to be submitted by May 7.

Raymond Winder, Deloitte & Touche (Bahamas) managing partner, told Tribune Business there was “no question” that the investor groups showing an interest in Baha Mar to-date had the financial and other capabilities needed to complete and open the development.

Declining to identify the potential bidders, he said their numbers were already “in the double figures”, with groups coming “from the West and the East” - the latter a reference to China and Asia.

Mr Winder said the price offered, plus the quality of bids received, will determine whether there is a second round of bidding for Baha Mar.

He added that the receivership team, which was appointed by Baha Mar’s $2.45 billion secured lender, the China Export-Import Bank, with the Supreme Court’s approval, was also expecting to receive a bid from the project’s original developer, Sarkis Izmirlian.

Mr Izmirlian, who has largely maintained Baha Mar’s original senior executive team in the hope of ‘reacquiring’ his development, recently sought to cut-out the formal sales process being overseen by the receivers via a direct offer made to the bank.

That is understood to have been rejected, and Mr Winder said there were “ongoing discussions” between the receivers and Mr Izmirlian, although he declined to go into detail.

The Deloitte & Touche (Bahamas) managing partner also confirmed that potential bidders had sent “technical teams” to inspect the Baha Mar process as part of their due diligence, so they could assess the property’s condition.

Mr Winder said the presence of these advisers on the Baha Mar campus was prompting incorrect speculation that construction work on the property is set to resume imminently, but this was “not quite so”.

“We’re going through the sales process, and as to be expected, a number of the potential bidders have expressed an interest in having their technical people view the property as a precursor to making a bid,” Mr Winder told Tribune Business.

“For the next two to three weeks, it will not be unusual to see a number of technicians from the various companies likely to make a bid by early May - May 7 or so.”

The Baha Mar site inspections may be the deciding factor in whether some bidders elect to make an offer or not and, at the very least, they will allow groups to develop an informed offer.

“All that’s happening now is that individuals are looking to use the information to assess what their ultimate bid might be,” Mr Winder reiterated, who appeared keen to manage Bahamian expectations of an imminent construction re-start.

Photos of persons wearing construction safety vests on the Baha Mar site, including one taken by government PR man, Elcott Coleby, have already been circulating via e-mail and social media.

Still, keen to reassure that progress is being made on resolving Baha Mar’s fate, Mr Winder said the prospects for the development having new ownership before 2016 year-end were “very good”.

“We should be well on the way to completing this [sales] process before year-end, in terms of having a new buyer in place,” he told Tribune Business.

But, adding a note of caution, the Bahamian accountant emphasised that much depended on whether the bids received matched the China Export-Import Bank’s expectations - especially on price.

“As of now, I have no idea what those potential bids are going to be, and ultimately whether they are going to be in the range of what the bank is looking for,” Mr Winder told Tribune Business.

“The bank hasn’t shared that with us. But the price will have to be the best price. That is a call that has to be made when we get to the point of presenting the final bids to them.”

Tribune Business has repeatedly pointed out the conundrum facing any effort to sell Baha Mar, namely reconciling the vastly different demands and objectives of the China Export-Import Bank and any buyer.

While the bank has repeatedly insisted that it be ‘made whole’, and recover its full $2.45 billion investment, any buyer will likely offer a purchase price that requires it to take a deep discount or ‘haircut’ - especially since Prime Minister Perry Christie last year placed a $600 million price tag on the construction completion.

Several observers have previously told this newspaper that the most the China Export-Import Bank can expect to recover is between 50-60 cents on the $1, especially given the deterioration in Baha Mar’s physical condition over the past year.

Mr Winder, meanwhile, said the bid prices offered would not be the only item contained in their recommendations to the China Export-Import Bank. He added that their respective resort/casino industry experiences, and development strategy for Baha Mar, would also merit consideration.

He declined, though, to place a timeline on when Baha Mar’s construction would re-start, and whether this would also occur before year-end, only saying: “You can’t say for sure about these things.”

Selecting a preferred bidder for Baha Mar is just one stage in the process. For the chosen entity will then have to negotiate and complete the deal with the China Export-Import Bank, plus obtain the Christie administration’s blessing and secure all necessary government approvals to close the deal.

“We have requested that all serious bidders take into consideration that they must have a strategic plan to share with the Government as part of the approval process,” Mr Winder told Tribune Business.

“The Government is eager to get things started, and they have a say in vetting any potential bidder.

“All I can say is that I’m optimistic, I’m happy with the quality of potential bidders expressing an interest. We now need to sit back and see precisely what the bids are going to be.”

Declining to give names, Mr Winder said of the bidders: “We have some institutions from the West, and we have some institutions from the East.

“We have sufficient that if all of them decide to bid, we could probably go to a second round to determine who is the winner.”

Mr Winder said the receivers would narrow down the number of bidders to a select few if a second round was required, and give those chosen a chance to improve their offer and price.

He added that the $50,000 fee that bidders had to pay to participate in the Baha Mar sales process, coupled with the non-disclosure agreement (NDA) they were expected to sign, had ensured it was attracting only high-quality bidders.

“We’re not getting that kind of fishing expedition, and companies that just want to sniff around,” Mr Winder told Tribune Business, adding that the process had attracted top-notch interest.

“There’s no question about it,” he said. “When you look at those groups expressing interest, there’s no question that they have the capital to meet the financial obligations. None whatsoever.

“There aren’t any doubts about whether they have the ability to identify, and secure, the existing hotels, the Hyatt and SLS, and other brands.

“They all have the financial resources and the global reach to attract partners as they see fit, and as the need may arise.”

Mr Winder said the bid groups to approach the receivers to-date featured a good cross-section of real estate developers, hotel owners, resort and casino brands, and financially-led groups.

Still anticipating an offer from Mr Izmirlian, he added: “We’re still working on it. We’re in the process of ongoing discussions and so forth. We expect to get something him, and the process is ongoing.”

Mr Winder said the receivers have not refused any bidder requests to ask questions of Mr Izmirlian and Baha Mar’s contractor, China Construction America (CCA), to-date. All answers had been placed in the data room to ensure all parties had access to the same information.

Comments

Bridget says...

Been following Tribune242's coverage of the Baha Mar situation. Very informative, always interesting. Trying to figure something out. Maybe Mr. Hartnell knows. Or maybe readers know, and care to comment?
Are Ian Winder and Raymond Winder blood related? And if so, how are they related? If I was a judge in the US judge and appointed my brother for a key role, probably that would raise eyebrows, at a minimum. Probably worse if I am approving my brother's fees.
Have also been trying to figure out if contractors and employees are suing locally. Anyone know? The US bankruptcy failed, so there is no stay in place as a matter of US law. My understanding of the law of the Bahamas is that the local liquidation proceedings did not throw up a stay. But ever since the receiver was appointed there has not been much news about litigation. Comments welcome.
Thanks to Tribune242 for the coverage. I hope for the best result, an open Baha Mar. Would be happy to book a reservation when the day comes. :)

Posted 28 April 2016, 3:57 p.m. Suggest removal

ThisIsOurs says...

They're not brothers, don't believe they're closely related either, and both are men of integrity. In reference to "*ever since the receiver was appointed there hasn't been much litigation*", the liquidators have been appointed to sell the assets..I don't know if there's much for the court to say while they work

Posted 29 April 2016, 3:33 a.m. Suggest removal

Franklyn says...

the big question and a point of clarification on the whole issue:

(1) CCA Bahamas, the contractor for the former Baha Mar Hotel project, who hired (have signed contractual agreements) with Bahamian subcontractor and owe them somewhere in the area of $75 million for work requested and performed at the Baha Mar site.
(2) CCA position is (they are not paying Bahamian subs until they are paid what they are owed by the former Baha Mar owners, but the former owner are on record that they own CCA Bahamas no monies.
(3) Bahamian subcontractors are of the belief that any sale of the former Baha Mar hotel project would include settlement owed to them by CCA Bahamas - ...but this maybe an oversight on behalf of the Bahamian Subcontractors.
(4) CCA Bahamas want to deflect its responsibility by saying because of the Baha Mar impasse it is not obliged to honor its contractual responsibilities to pay Bahamian Sub Contractors. But this is not the true case, CCA Bahamas is being selective in who is paid for personal advantage where it is expedient.
(5) Bahamian contractors are collectively owed around $74 million for work done on Baha Mar.
New York federal courts maybe the resolve for Bahamian Subcontractors ...if a class action were to be organized.

Posted 29 April 2016, 1:05 p.m. Suggest removal

MonkeeDoo says...

Christmas come Winder will say "man, I was blindsided" and then we start again. How can we re-give the crown land to the new owners ? I mean how can we sweeten the pot when we done had it sweet right up for the others ?.

Posted 28 April 2016, 4:06 p.m. Suggest removal

John says...

THE P L P GOVERNMENT IS ON THE DEVIL'S BACKBONE! When you travel to Harbor Island, the last stretch of water just before you enter the harbor is known as 'the devil's backbone.' This is very dangerous water and while one can see the land and people on the land one wrong move could cause you the be shipwrecked and never make it ashore. Not only is the water filled with high, boat wrecking shoals, but you have to keep a certain distance from the shore to avoid running aground or getting beached, and it the seas are rough, it is a very testing journey. So with one year left in their term, the PLP is on the devils backbone. The waters are rough with the upcoming referendum facing a possibility of defeat, and Now with the announcement that Bah Mar will definitely ***not*** be opening in 2016. Of course there are hundreds of other loose ends the government has to tie up and bind together to make itself not only election ready, but also the winning party. When the PLP came to the end of its term in 2007, this country was in shambles. Literally. There was basically no traffic light that was working or working properly, BEC had more than frequent power outages, the hospital was out of medicine, every single road in the capital was in need to repairs and the family islands were totally neglected or ignored. They were having major difficulty meeting payroll. The PLP government itself knew it had failed and could not complete another term, and some would say when election day came they had already packed their bags and were waiting to be kicked out of office. This term in office was not half as bad but there are still those long lingering dark spots and sore issues to be addressed. C R I M E, murder especially, that was the major plank on their platform does not seem to want to go away. Then there is unemployment, and with two sets of graduates (or school leavers) coming into the workforce before elections, this will be a tough cookie to swallow. Unemployment has gotten worse in four years than when the PLP came to office. Then there is what some call the over burden of taxes on small and medium businesses. Many have closed and many others are barely keeping the door open, much less the light on, and there seems to be no help or hope on the way, at least not from this government. And while the numbers boys had their day and got their way to becoming legal businesses, some are not faring too well. The fees and taxes on this business seem to be based on the most successful web shops rather than the average business, and some are finding they cannot meet their financial obligations. So yea, the PLP is now on the devil's backbone. Silly season soon come and this will be their test of time.

Posted 28 April 2016, 5:40 p.m. Suggest removal

MonkeeDoo says...

Bridget: I believe they are brothers or at least blood related, but a different judge appointed Ray. We couldnt let the Delaware court deal with it and now we have receivers appointed by one judge and a liquidator appointed by another. And we want to be an ARBITRATION CENTRE. You can laugh now. !

Posted 28 April 2016, 11:29 p.m. Suggest removal

ThisIsOurs says...

They're definitely not brothers. I stand to be corrected but I don't think they're closely related either.

At the end of the day we're probably all related in some way in this small island community, just depends on whether someone remembers who Grammy aunty son cousin first child married. While you love your family, people of integrity generally don't sacrifice their good name or ignore their professional responsibilities. You may decide that you don't agree with a decision they made, but I believe both men are men of integrity. In Ian Winder's case, the US judge actually cited Mr Winder's summation in his decision, I believe that means he thought it was well reasoned and sensible, that's pretty high praise from an independent learned individual.

It is interesting that two "Winders" are involved in the "winding up" of one of the biggest projects in our lifetime. **Having concluded that these are men of integrity, the point of interest for me is etomology and the order of things, the dictionary say "Winder" is *a person or device that winds something*, was it all ordained?** cuz that's a big coincidence

Posted 29 April 2016, 3:14 a.m. Suggest removal

Zags says...

And I am told that Winder, the receiver, wasted no time in settling into the coveted office of a recently "let go" former *Senior Vice President*.

For the long haul…

How lucrative!!!

Posted 29 April 2016, 4:53 p.m. Suggest removal

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