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Catsimatidis to unveil plan for SemGroup
 
By ROD WALTON World Staff Writer
Published: 6/19/2009  5:54 PM
Last Modified: 6/19/2009  5:54 PM

New York billionaire John Catsimatidis has finally delivered on his promise to come up with a reorganization plan for bankrupt SemGroup LP, his spokesman said Friday.

Catsimatidis already has talked about the plan with some of the Tulsa energy company’s creditors. His side has invited SemGroup representatives, bankers and two other groups to a Tuesday meeting in New York.

No specifics were available by deadline, but Catsimatidis reportedly will lay them out later.

“There is a plan,” spokesman Gerald McKelvey confirmed. “It has been shared with pretty much everybody” in the key creditor groups.

A SemGroup spokesman, however, said the company’s lawyers only confirmed the existence of that plan during a court hearing Friday in Wilmington, Del. Catsimatidis and SemGroup CEO Terry Ronan are locked in a court battle over who has the right to control the company.

The key problem is that SemGroup LP already has filed a proposed reorganization plan in Delaware bankruptcy court. Judge Brendan L. Shannon could rule on the adequacy of the plan’s disclosure statement next Thursday, only two days after the Catsimatidis meeting.

The arguments over control of SemGroup will be heard on Friday.

SemGroup officials, bankers and the producers and unsecured creditors committee are invited to the Tuesday meeting, according to reports. The producers group opposes SemGroup’s current reorganization plan, while the unsecured creditors support it.

The SemGroup plan filed in Delaware last month focuses on the company emerging from Chapter 11 in the third

quarter as public traded entity mostly owned by secured creditors such as banks. SemGroup would offer $2.27 billion in cash and equity to repay creditors.

Catsimatidis, meanwhile, has been promising a plan since he gained a majority of SemGroup’s management committee seats late last year. He missed several self-imposed deadlines for delivering the plan, blaming that on opposition from Ronan and the company’s court-approved consultants such as the Blackstone financial adviser group and the AlixPartners restructuring experts.

The billionaire points to his own history in buying United Refining Co. and guiding it out of Chapter 11 bankruptcy in the late 1980s as proof he knows how to save SemGroup. He also dismisses the SemGroup consultants as professionals whose only interest is taking millions in fees out of the struggling company’s coffers.

The SemGroup lawsuit against Catsimatidis counters that he violated confidentiality rules about the negotiations and also put a chill to the competitive bidding process by seeking publicity for his own efforts. His group also is accused of trying to set up a secret meeting with some SemGroup executives, according to court records.

Catsimatidis’ side countered that Ronan has wrontly thwarted their efforts. He owns five of nine management committee seats, although the Carlyle Riverstone hedge funds owns three seats and veto power over major decisions, according to reports.

SemGroup spokesman Tom Becker said the company’s attorneys were not certain if they could attend Tuesday’s meeting in New York. Several key figures are being deposed in the Ronan-Catsimatidis court battle around that period, and the reorganization hearing is set.

Meanwhile, energy giant ConocoPhillips joined the list of large and small producers which are objecting to SemGroup’s reorganization plan and disclosure statement. The plan must gain court and creditor approval.

ConocoPhillips’ objection filed Friday alleged that the SemGroup disclosure is too vague about how it deals with counterparties. The Houston-based ConocoPhillips bought oil from a SemCrude subsidiary, although SemGroup still owes at least $400 million to the producers who sold the oil from the wellhead, according to reports.

“Among its many flaws, the disclosure statement provides a generally inadequate description of the claims of contract counterparties like ConocoPhillips,” the objection reads. “The debtors must cure this fundamental deficiency.”

By ROD WALTON World Staff Writer

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Reader comments for this story have been moved to the most updated version of the story, now under the headline "SemGroup plans advancing," which was published on 6/20/2009. So far, 1 comments have been made.
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