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Ambipar bankruptcy filing in Brazil cites 'irregularities'

Ambipar, a Brazilian waste management firm, filed for bankruptcy late Monday night, citing signs that a former executive was engaging in irregular activities. This move added to the concerns on corporate debt markets. According to Monday's filings, Ambipar filed its bankruptcy in a Rio de Janeiro Court, and its U.S. listed subsidiary, Ambipar Emergency Response sought Chapter 11 protection in Texas.

Ambipar stated that it filed the documents after "discovering evidence of irregularities of the Finance Department in contracting swap operations and the sudden resignation of the previous Chief Financial Officer."

Joao De Arruda, former CFO of Ambipar, resigned from the position last month after just a little over a year. Ambipar stated that during his tenure, swap contracts were "transferred from Bank of America and Deutsche Bank, then amended with a new rule which introduced a speculative component."

Arruda’s lawyer did not respond immediately to a comment request. Ambipar's filing for bankruptcy adds to the corporate debt problems that have rattled the market over the past few weeks. These include the bankruptcies by auto parts retailer First Brands, and subprime lending company Tricolor.

Investor sentiment is fragile, even though several analysts have characterized the cases as idiosyncratic or arising from lapses of risk controls. Jamie Dimon, CEO of JPMorgan Chase, said that the market for credit is likely to have more "cockroaches", referring to auto bankruptcies. He also warned that further problems may be ahead.

The central bank has kept its benchmark interest rate at 15% despite growing fiscal concerns. This is increasing pressure on Brazilian companies. Ambipar stated that its bankruptcy protection was urgently needed after Deutsche Bank, which is a counterparty to currency swaps and a subsidiary on certain loans with the company, asked for more loan guarantees. This prompted other creditors, including banks, to demand early repayment.

According to a source with knowledge of the matter, Ambipar's bankruptcy filing in Brazil declared a total debt amounting to 10.48 billion Reis ($1.94billion).

According to the filings, Ambipar has approximately $1.05billion in outstanding principal for its 2031 and 2033 Green Bonds. Bank of New York Mellon listed $328 million in unsecured bondholder claims.

Source: The swaps made with Deutsche Bank were to hedge these bonds.

Deutsche Bank and Bank of New York Mellon both declined to comment.

The filings reveal that holders of green bonds formed a group of noteholders and were represented by Davis Polk & Wardwell LLP as legal counsel and Houlihan & Lokey as financial advisor. FTI Consulting was retained by Ambipar's counsel to conduct a forensic audit of Ambipar.

Davis Polk, Houlihan Lokey, and FTI representatives did not respond immediately. The firm that manages waste had previously obtained an injunction to prevent creditors from requesting accelerated payments.

As the company said, such demands could create a "financial gap of more than 10 billion reals" ($1.85billion), since one creditor demanding repayment immediately could cause a domino-effect.

Due to issues with governance, Ambipar's stock, which has lost 96% of its market value this year, has been removed from the indexes at B3, the operator of Sao Paulo's stock exchange. The stock fell around 30% on Tuesday in Brazil.

UBS analysts in a report published late September said that the company, which was pursuing international expansion at the time, had struggled to manage its increasing financial complexity and integrate newly acquired assets amid management turnover.

UBS said that recent events had exposed the weaknesses in UBS' governance and balance sheet strength.

As of 2023, according to Ambipar, 57% (or its net revenue) came from Brazil. 15% of the bank's revenues came from Latin America as a whole, 25% of them from North America, and only 3% of it from Europe. Reporting by Luciana Magialhaes, Ananya Palyekar, Manya Saini, and Tatiana Bautzer, in Sao Paulo; Additional reporting by Dietrich Knauth, Editing by Brad Haynes and Hugh Lawson; Michelle Price, Nick Zieminski, Andrea Ricci, and Brad Haynes.

(source: Reuters)