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Sources say that India's SBI is seeking senior creditor status to protect NHAI Investment Trust from default concerns.

Two sources familiar with the matter said that the State Bank of India wants to be a senior creditor in order to get early repayment rights in the event of default or liquidation of state-owned road authority’s investment trust (InvIT).

Sources said that the lender, which is the largest in the country, had written to the National Highway Authority of India, (NHAI), requesting this status for its investments in National Highways Infra Trust, (NHIT).

InvITs are investment vehicles that raise funds through the issuance of units. NHIT manages NHAI InvITs.

Sources requested anonymity because the discussions are private. SBI, NHAI, and NHIT didn't reply to a request for comment.

According to Mint, a daily business publication, the move is in line with NHAI’s plan to raise $200 billion rupees (2,33 billion dollars) through the monetisation of its road assets via InvITs.

Since 2020, India has raised 460 billion rupies through four rounds. This includes a 183 billion rupee round that took place in March. It was the largest road monetisation effort to date.

SBI is heavily involved in the Indian road sector, including InvITs backed projects. In 2018, SBI signed an agreement for a 10-year unsecured loan with NHAI of almost $3 billion.

One source said that under current rules InvITs do not fall under India's bankruptcy laws. Typically, unitholders have priority in the repayment hierarchy.

Source: SBI has been warning about the lack of protection for creditors under the regulations since quite some time.

The second source stated that "the lender is not happy at all with the arrangement. They have been discussing the tweaks."

InvIT is responsible for distributing units to investors, who are then paid by toll revenue.

Securities and Exchange Board of India is the capital markets regulator in India.

According to Bharat InvITs Association data, the total assets managed by five listed InvITs and 16 unlisted InvITs across India exceeded 7 trillion rupees at March-end.

(source: Reuters)