Kenya Airways: Debt Restructuring Agreements
The restructuring of Kenya Airways' international debts was formalized
with the following agreements:
-
An agreement dated 30 March 1995 between the Kenyan government, Kenya Airways,
Credit Lyonnais Bank Nederland N.V. and Nederlandsche Creditverzekering
Maatschappij N.V. ("NCM") under which the Kenyan government assumed liability
for indebtedness of Kenya Airways to NCM amounting to US$12,961,794 and,
with respect to the period up to and including 31 December 1993, NCM unconditionally
released Kenya Airways from liability in respect of such sum, and the Kenyan
government unconditionally released and discharged Kenya Airways
form obligations to reimburse the Kenyan government under certain guarantees
issued by the government in respect of such indebtedness.
-
An agreement dated 7 April 1995 between The Republic of Kenya, Kenya Airways
and Export Development Corporation of Canada ("EDC") under which the Kenyan
government assumed liability for indebtedness of Kenya Airways to EDC amounting
to US$1,526,127.50 and, with respect to the period up to and including
31 December 1993, EDC unconditionally released Kenya Airways from liability
in respect of such sum, and the Kenyan government unconditionally released
and discharged Kenya Airways from obligations to reimburse the Kenyan
government under certain guarantees issued by the government in respect
of such indebtedness.
-
A deed of assumption dated 6 July 1995 between Kenya Airways, the Kenyan
government, Midland Bank PLC (as agent) ("the Lenders") and Her Britannic
Majesty's Secretary of State acting by Exports Credits Guarantee Department
("ECGD") under which the Kenyan government assumed liability for indebtedness
of Kenya Airways Kenya Airways to the Lenders or ECGD incurred before 31
December 1993 and, with respect to the period up to and including 31 December
1993, the Lenders and ECGD unconditionally released Kenya Airways from
liability in respect of such sum, and the Kenyan government unconditionally
released and discharged Kenya Airways from obligations to reimburse the
Kenyan government under certain guarantees issued by the government
in respect of such indebtedness.