XML 78 R16.htm IDEA: XBRL DOCUMENT v2.4.0.6
Notes Payable
6 Months Ended
Jun. 30, 2012
Notes Payable

11. Notes Payable

At June 30, 2012 and December 31, 2011, notes payable were as follows:

 

     June 30,
2012
     December 31,
2011
 
     (In thousands)  

$750,000 senior secured notes, due May 2019 at 8.625%

   $ 750,000       $ 750,000   

Promissory notes at 1% interest, maturing through 2013, secured by deeds of trust on inventory

     1,700         2,056   
  

 

 

    

 

 

 

Total notes payable

   $ 751,700       $ 752,056   
  

 

 

    

 

 

 

On May 10, 2011, 8.625% senior secured notes were issued in the aggregate principal of $750.0 million (the “Secured Notes”) and the outstanding obligations of the Company’s previous secured revolving lines of credit and notes payable (the “Secured Facilities”) were paid. Principal and interest paid under the Secured Facilities was $779.6 million and $2.5 million, respectively. Concurrent with payoff of the Secured Facilities, an $88.4 million loss on debt extinguishment was recognized.

The Secured Notes were issued pursuant to Rule 144A and Regulation S, with registration rights. The Secured Notes bear interest at 8.625% paid semi-annually on May 15 and November 15, and do not require principal payments until maturity on May 15, 2019. At June 30, 2012 and December 31, 2011, accrued interest was $8.1 million and $8.1 million, respectively.

Holders of the Secured Notes are entitled to the benefits of a registration rights agreement dated May 10, 2011 (“Registration Rights Agreement”) between the Company and the initial purchasers listed therein. Pursuant to the Registration Rights Agreement, we agreed to file a registration statement with the SEC for an offer to exchange the Secured Notes for a new issuance of substantially identical notes issued under the Securities Act on or before 180 days after May 10, 2011, and to consummate the exchange offer registered thereby on or before 360 days after May 10, 2011. We completed the registration of the Secured Notes with the SEC and the exchange of Secured Notes issued under the Securities Act on May 4, 2012.

Other than the Registration Rights Agreement relating to the Secured Notes described above, we were not subject to any other registration rights agreements with respect to any notes payable.