Franklin Credit Holding Corporation Becomes Parent Company of Franklin Credit Management Corporation
24 Dezember 2008 - 9:53PM
PR Newswire (US)
HOLDING COMPANY FORM OF ORGANIZATIONAL STRUCTURE ADOPTED NEW YORK,
Dec. 24 /PRNewswire-FirstCall/ -- Franklin Credit Holding
Corporation (Pink Sheets: FCMC) ("Frankliin Holding", and with its
direct and indirect subsidiaries, "the Company") today announced
that, effective December 19, 2008, it became the parent company of
Franklin Credit Management Corporation in the adoption of a holding
company form of organizational structure. This reorganization (the
"Reorganization") is expected to (1) result in Franklin Credit
Management Corporation, which holds the Company's servicing
platform, having positive net worth as a result of having assigned
and transferred to a newly formed sister company ownership of the
entities holding beneficial ownership of the Company's loan
portfolio and the related indebtedness, and, accordingly, being
able to comply with applicable net worth requirements to maintain
licenses to service and collect loans in various jurisdictions; and
(2) enhance the Company's ability to grow its servicing business
and take advantage of other corporate restructuring opportunities
should they become available. The business operations and financial
condition of the Company taken as a whole, including Franklin
Servicing, on a consolidated basis (the "Company"), including the
Company's consolidated substantial negative net worth, did not
change as a result of the Reorganization. However, the resulting
financial condition of Franklin Credit Management Corporation,
which holds the servicing platform, changed, inasmuch as it now has
a positive net worth. Other than the difference in their names, the
certificate of incorporation, by-laws, authorized capital stock,
outstanding capital stock, board of directors and officers of
Franklin Holding are the same as those of Franklin Credit
Management Corporation prior to the reorganization. No post-merger
exchange of stock certificates is necessary, and the outstanding
shares of Franklin Credit Management Corporation Common Stock have
been automatically converted into an equal number of shares of
Franklin Holding Common Stock. Franklin Holding's common stock will
continue to be quoted on the Pink Sheets under the symbol
"FCMC.PK." The Company believes that the Reorganization qualifies
as a tax-free reorganization under Section 351 of the Internal
Revenue Code of 1986, as amended, and, as a result, Franklin Credit
Management Corporation's stockholders will not recognize gain or
loss for U.S. federal income tax purposes as a result of the
Reorganization. Concurrent with the Reorganization, the Company
entered into a series of agreements with The Huntington National
Bank ("Huntington"), its lead lending bank, which included, among
other amendments, guaranties of the indebtedness to Huntington by
various new entities in the Company's structure and Huntington
waiving the Company's breach of its covenant to comply with all
laws, rules and regulations to the extent such breach resulted from
the Company's failure to satisfy a minimum net worth requirement
prior to the reorganization. The Forbearance Agreements continue to
be subject to a scheduled maturity date of May 15, 2009. For
additional information regarding the Reorganization, please refer
to the Company's Form 8-K filing with the Securities and Exchange
Commission dated December 24, 2008. About Franklin Credit Holding
Corporation Franklin Credit Holding Corporation ("Franklin Holding"
and with its direct and indirect subsidiaries, the "Company") is a
specialty consumer finance company primarily engaged in the
servicing and resolution of its performing, reperforming and
nonperforming residential mortgage loans. Franklin's portfolio
consists of both first- and second-lien loans secured by 1-4 family
residential real estate that generally fall outside the
underwriting standards of Fannie Mae and Freddie Mac and involve
elevated credit risk as a result of the nature or absence of income
documentation, limited credit histories, higher levels of consumer
debt or past credit difficulties. The Company typically purchased
these loan portfolios at a discount to the unpaid principal balance
and originated loans with loan-to-value ratios at origination of
75% or less and interest rates and fees calculated to provide a
rate of return adjusted to reflect the elevated credit risk
inherent in these types of loans. Non-prime loans were originated
through its wholly-owned subsidiary, Tribeca Lending Corp., and
have generally been held for investment. The Company's executive,
administrative and operations offices are located in Jersey City,
New Jersey. Additional information on the Company is available on
the Internet at http://www.franklincredit.com/. Statements
contained herein that are not historical fact may be
forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended, that are subject to a
variety of risks and uncertainties. There are a number of important
factors that could cause actual results to differ materially from
those projected or suggested in forward-looking statements made by
the Company. These factors include, but are not limited to: (i)
unanticipated changes in the U.S. economy, including changes in
business conditions such as interest rates, changes in the level of
growth in the finance and housing markets, such as slower or
negative home price appreciation; (ii) the Company's relations with
the Company's lenders and such lenders' willingness to waive any
defaults under the Company's agreements with such lenders; (iii)
increases in the delinquency rates of borrowers, (iv) the
availability of clients holding sub-prime borrowers for servicing
by the Company on a fee paying basis; (vi) changes in the statutes
or regulations applicable to the Company's business or in the
interpretation and enforcement thereof by the relevant authorities;
(vii) the status of the Company's regulatory compliance; (viii) the
Company's success in entering new business activities of providing
mortgage-related services for other entities, particularly
servicing loans for others, in which the Company has no prior
experience with servicing loans for others; and (ix) other risks
detailed from time to time in the Company's SEC reports and
filings. Additional factors that would cause actual results to
differ materially from those projected or suggested in any
forward-looking statements are contained in the Company's filings
with the Securities and Exchange Commission, including, but not
limited to, those factors discussed under the captions "Risk
Factors", "Interest Rate Risk" and "Real Estate Risk" in the
Company's Annual Report on Form 10-K and Quarterly Reports on Form
10-Q, which the Company urges investors to consider. The Company
undertakes no obligation to publicly release the revisions to such
forward-looking statements that may be made to reflect events or
circumstances after the date hereof or to reflect the occurrences
of unanticipated events, except as otherwise required by
securities, and other applicable laws. Readers are cautioned not to
place undue reliance on these forward-looking statements, which
speak only as of the date hereof. The Company undertakes no
obligation to release publicly the results on any events or
circumstances after the date hereof or to reflect the occurrence of
unanticipated events. Contact: Paul Colasono, CFO Franklin Credit
Holding Corporation (201) 604-4402 DATASOURCE: Franklin Credit
Holding Corporation CONTACT: Paul Colasono, CFO of Franklin Credit
Holding Corporation, +1-201-604-4402, Web site:
http://www.franklincredit.com/
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