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San Francisco, Oct. 15 (Bloomberg) -- NorthPoint
Communications Group Inc. sold Monarch Global Capital Associates
LLC the chance to finance the bankrupt telecommunications
company's multibillion-dollar suit against Verizon Communications
Inc.
Monarch won the chance to lend NorthPoint $7.5 million at
zero interest to finance the San Francisco-based company's fraud
and breach of contract suit against Verizon. NorthPoint sought
Chapter 11 and sued after the largest U.S. mobile-phone company
scrapped plans to acquire it for $2.15 billion.
In return for the loan, Monarch will receive 5.5 percent of
any settlement with Verizon or 6 percent of the judgment if the
case goes to trial. The auction, which experts said may be the
first of its kind, attracted five potential buyers who bandied
about 30 bids.
``The aggressiveness and interest in the bidding is a
reflection on how strong the litigation against Verizon is,'' said
Lynn Schoenmann, the U.S. Trustee the court appointed to run
NorthPoint on behalf of creditors.
NorthPoint's auction for the opportunity to finance
litigation and potentially reap damages is unusual for a bankrupt
company and potentially a first, lawyers at the hearing said.
``We're charting new territory,'' Schoenmann said, adding the
damages in the Verizon case could amount to as much as $4 billion.
Bidders
Among the five bidders at the U.S. Bankruptcy Court auction
in San Francisco was New York-based Angelo Gordon & Co. LP, a top
NorthPoint bondholder that in July had offered the bankrupt
company a $7.5 million loan to finance the legal battle. U.S.
Bankruptcy Judge Thomas Carlson didn't approve that offer.
Angelo Gordon's offer in July charged 16 percent interest,
and proposed to take a 15 percent chunk of any settlement or 20
percent of a judgment against Verizon. Today, the bondholder's
lowest bid was zero interest on the loan and 7 percent of the
settlement or 9.5 percent of the judgment.
Monarch, a NorthPoint bondholder, will also pay up to
$200,000 Angelo Gordon spent negotiating the original loan. The
company's attorney, Edward Cowen, refused to comment on why the
company had an interest in financing the Verizon litigation.
The bankruptcy court in San Francisco converted NorthPoint's
case to a Chapter 7 liquidation in June.
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