| NEW YORK
NEW YORK Dec 13 Cumulus Media Inc has
sued JPMorgan Chase & Co seeking a court order declaring
that the second-largest U.S. radio network is allowed to proceed
with a refinancing that it says would deleverage the company by
up to $305 million.
In a lawsuit filed late on Monday in Manhattan federal
court, Cumulus accused JPMorgan of breaching a 2013 credit
agreement and "unreasonably" withholding consent to certain
components of the Atlanta-based company's planned refinancing.
Cumulus said that JPMorgan's actions in its role as
administrative agent under the credit agreement are threatening
a deal it recently reached with bondholders, which was
contingent upon the refinancing being completed by Jan. 27.
"Cumulus needs to proceed with its proposed refinancing, and
it needs to do so quickly," Cumulus said in the complaint.
A spokesman for JPMorgan did not immediately respond to a
request for comment.
According to the lawsuit, in response to an industry-wide
decline in business, Cumulus, which owns 447 radio stations, has
launched a series of initiatives aimed at improving ratings and
But Cumulus said its ability to follow through on these
initiatives is hindered by a "heavy debt load" of $2.4 billion,
including $610 million of senior notes due in 2019.
As a result, Cumulus reached a deal with a majority of
bondholders in which they would refinance those senior notes
using borrowings from Cumulus's $200 million revolving line of
credit, the lawsuit said.
The deal allows Cumulus to retire the notes at a discount of
up to 50 cents on the dollar and avoid a "springing maturity" on
a $1.84 billion loan that occurs if more than $200 million of
the notes are outstanding in January 2019, the lawsuit said.
But Cumulus said JPMorgan has refused to take various steps
required under the plan, including allowing the transfer of the
revolving credit line to new lenders and executing a loan
amendment allowing the company to access the credit line.
The lawsuit seeks a court order declaring among other things
that Cumulus's credit agreement permits it to use the revolving
credit line as part of its refinancing plan and may amend a
restriction that would enable it to access the credit line.
It also seeks an order requiring JPMorgan to consent to the
assignment of the credit line to the new lenders and undertake
other actions necessary to effectuate the refinancing.
The case is Cumulus Media Holdings Inc. et al v. JPMorgan
Chase Bank, N.A., U.S. District Court, Southern District of New
York, No. 16-09591.
(Reporting by Nate Raymond in New York; Editing by Meredith