This bridge loan that is currently being debated on Congress only for show before it is passed by a Congress power hungry for nationalization and eager to throw good taxpayer money at bad companies will be passed in just a few short minutes. The bridge loan to nowhere is an unbelievable waste of taxpayer money.
However, I guess the unbelievability of it has dimenished over the past several months as more and more congressman have resorted back to economic and fiscal policies of the 1930’s and with reckless abandon have moved the country towards socialism.
Summary: Draft Legislation Providing Financing to Enable Domestic Automobile Manufacturers to Restructure to Achieve Long-Term Viability
The draft legislation would provide bridge financing to keep automobile manufacturers out of bankruptcy long enough to negotiate and to implement a restructuring plan to achieve long-term viability. The legislation would accomplish this without tapping TARP funds, preserving those funds for their intended purpose of stabilizing the financial markets.
The President’s Designee: The President will designate an individual to facilitate the restructuring necessary to achieve the long-term viability of domestic automobile manufacturers.
· The President’s designee will be empowered to lead negotiations between the parties with a direct financial interest, for each eligible automobile manufacturer, for the purpose of producing an agreement on a long-term viability plan.
· Eligible automobile manufacturers are those who submitted viability plans to Congress on December 2, 2008. The submission of these plans establishes eligibility for the process, but the designee is not bound by the contents of these plans.
Bridge Loan to Restructuring: Bridge loans toward restructuring would be authorized from funds appropriated previously for the auto companies under Section 136 of the 2007 energy legislation.
· In the event of a failure to produce a plan that will achieve viability by the statutory deadline, the President’s designee shall require repayment of the bridge loan within 30 days.
· The designee also has the authority to otherwise accelerate the repayment of the bridge loan if there is a failure to make adequate progress toward a viable plan.
Timetable and Process:
· After 45 days, the designee will report to Congress on progress toward a successful restructuring plan.
· No later than March 31, 2009, each eligible manufacturer must submit a viability restructuring plan to the President’s designee.
· The designee can extend the March 31 deadline by 30 days, one time only, if he believes that negotiations are proceeding in good faith and making good progress.
· The designee is authorized to provide financing to implement an approved viability plan. Conditions for approval are described below.
· If at the end of the negotiation period, the designee finds a failure to produce an adequate negotiated plan, he will submit his own viability plan to Congress. This plan may be executed via Chapter 11 reorganization.
· The legislation is explicit that, otherwise as provided in the Act, no other funds from the U.S. Treasury may be used for the purpose of helping automakers to achieve financial viability or to avoid bankruptcy.
Standards for Long-Term Viability: To be approved, the President’s designee must determine that a plan for long-term viability will result in:
· The repayment of all Government-provided financing.
· Achievement of a positive net present value, taking all present and future costs into account, including the repayment of government assistance provided under the legislation.
· Efforts to rationalize costs, capitalization and capacity with respect to the manufacturer’s workforce, suppliers and dealerships, and proposals to restructure existing debt.
· The ability to produce advanced technology vehicles and to comply with fuel efficiency standards.
· A product mix and cost structure that is competitive in the U.S. marketplace.
Taxpayer Protections
· Firms receiving assistance must provide warrants for the purchase of non-voting stock equal to 20% of the value of the loan (with common stock purchases limited to 20% of all outstanding common stock, any remainder being in preferred stock.)
· Firms receiving assistance must accept limits on executive compensation.
· Taxpayer investments in these auto manufacturers will be protected by placing other obligations in a subordinate status (to the extent permitted by the terms of other obligations, liabilities and debt as of December 2, 2008).
This irresponsibility and reckless spending of money needs to stop! Some say that the risk of not acting is larger than we can allow. To this I answer, by acting, we risk getting hit by the Invisible Hand of the free market. Government is not smart enough or fast enough to choose the right path for capitol. The free money policies of Alan Greenspan, mean that capitol is in the system. If government would just get out of the way, that capitol would flow.