Comstock Homebuilding Companies, Inc. (NASDAQ: CHCI) ("Comstock" or the "Company") today announced that it has retained
FTI Consulting, Inc. (NYSE: FCN) ("FTI") to act as an advisor to the
Company with respect to strategic and financial alternatives in the face of
a prolonged real estate downturn. FTI has been engaged to work closely
with the Company and its lenders to evaluate operational and financial
strategies intended to enhance long term enterprise value.
The terms of the engagement letter that the Company entered into on June
24, 2008 ("Engagement Letter") with FTI provided, among other things, for
Brad Foster of FTI to serve as the Company's interim Chief Restructuring
Officer. In his role as an officer of the Company Mr. Foster will report
directly to our Chief Executive Officer. The Engagement Letter also
provides for the services of other temporary employees and advisors to
support Mr. Foster in his role.
In connection with the exploration of available debt restructuring
alternatives, the Company has elected to cease making certain scheduled
interest and/or principal curtailment payments while it attempts to
negotiate modifications or other satisfactory resolutions from its lenders.
The subject indebtedness represents a significant number of the Company's
projects. The failure to make such interest and/or principal curtailment
payments constitutes breaches of the terms of the loan agreements, some of
which have reached maturity. If such breaches are not cured prior to the
expiration of any applicable grace periods and such matured loans are not
extended, then, under the terms of the loan agreements, the lenders may be
entitled to charge an increased, or default, rate of interest and/or
declare the principal amount to be immediately due and payable in full.
The Company anticipates that it may be forced to cease making certain
additional scheduled interest or principal curtailment payments in the near
future if meaningful concessions are not derived in the on-going
negotiations with its lenders.
The aggregate amount of the Company's and its affiliates' outstanding
indebtedness at June 30, 2008 was approximately $157 million, and it is
anticipated that scheduled interest or principal curtailment payments will
be ceased with respect to up to $94 million of this indebtedness where
sufficient interest reserves are not currently in place.
About Comstock Homebuilding Companies, Inc.
Established in 1985, Comstock Homebuilding Companies, Inc. is a publicly
traded, diversified real estate development firm with a focus on affordably
priced for-sale residential products. Comstock builds and markets
single-family homes, townhouses, mid-rise condominiums, high-rise
condominiums, mixed-use urban communities and active adult communities. The
company currently markets its products under the Comstock Homes brand in
the Washington, D.C.; Raleigh, North Carolina; and Atlanta, Georgia
metropolitan areas. Comstock Homebuilding Companies Inc. trades on Nasdaq
under the symbol CHCI. For more information on the Company or it projects
please visit www.comstockhomebuilding.com.
Cautionary Statement Regarding Forward-Looking Statements
This release contains "forward-looking" statements that are made pursuant
to the Safe Harbor provisions of the Private Securities Litigation Reform
Act of 1995. Statements that are predictive in nature, that depend upon or
refer to future events or conditions, or that include words such as "may,"
"will," "expects," "projects," "anticipates," "estimates," "believes,"
"intends," "plans," "should," "seeks," and similar expressions, including
statements related to Comstock's expected future financial results and
anticipated growth in the Washington, D.C. housing market, are
forward-looking statements. Forward-looking statements involve known and
unknown risks and uncertainties that may cause actual future results to
differ materially from those projected or contemplated in the
forward-looking statements. These risks and uncertainties include, but are
not limited to, economic, market and competitive conditions affecting
Comstock and its operations and products, risks and uncertainties relating
to the market for real estate generally and in the areas where Comstock has
projects, the availability and price of land suitable for development,
materials prices, labor costs, interest rates, Comstock's ability to
service its significant debt obligations, fluctuations in operating
results, anticipated growth strategies, continuing relationships with
affiliates, environmental factors, government regulations, the impact of
adverse weather conditions or natural disasters and acts of war or
terrorism. Additional information concerning these and other important
risks and uncertainties can be found under the heading "Risk Factors" in
the Company's most recent form 10-K, as filed with the Securities and
Exchange Commission on March 16, 2007. Comstock specifically disclaims any
obligation to update or revise any forward-looking statements, whether as a
result of new information, future developments or otherwise.
Contact:
Bruce Labovitz
Email Contact
703.230.1131