Full WSJ article:
Beatles Songs May Help Pay Pop Star's Debts
by Kate Kelly
Michael Jackson, the debt-laden pop star, could begin to lose his grip on his most prized asset -- his stake in the lucrative music-publishing catalog that includes 251 Beatles songs -- under the terms of a proposed $325 million debt refinancing, according to people familiar with the matter.
The performer, whose star has fallen in recent years, is expected to announce as early as today that he has refinanced loan agreements originally valued at a total of about $270 million with the New York hedge fund, Fortress Investment Group LLC, people familiar with the matter say. As part of his new deal, the singer will probably be forced to sell half of his 50% stake in Sony/ATV Music Publishing LLC, which owns and administers copyrights to thousands of songs, to partner Sony Corp. sometime within the next year. Mr. Jackson is expected to use the proceeds to pay back a significant chunk of his debt to Fortress.
The deal, which wasn't signed as of yesterday, could still fall apart, these people say. But if finalized, it would be a coup for Sony, where music executives have long hoped to buy out Mr. Jackson's interests in Sony/ATV and own the catalog outright. Mr. Jackson bought the catalog, including the big swath of Beatles tunes, 21 years ago at a price far below its current $1 billion valuation. To this day, it generates revenue for Sony/ATV every time one of its songs is played on the radio.
Mr. Jackson, who was acquitted last year of child-molestation charges and has been living in recent months in Bahrain, couldn't be reached to comment. The entertainer's Los Angeles financial adviser, Gaynell Lenoir, described the pending deal as a positive development for the singer. "He's seriously looking at his business affairs, and we're proud of him, really," she said in an interview. "He is vibrant, [and] he is going to resume his career."
The proposed new deal, coming nearly a year after Mr. Jackson's trial, during which friends and fans feared for his emotional and financial well-being, may indicate a new chapter in the entertainer's business affairs.
It began last year, when Mr. Jackson and his children moved to Bahrain, say Ms. Lenoir and others who have interacted with him recently. There, instead of the changing cast of associates that previously surrounded him, including the Rev. Jesse Jackson, the California supermarket magnate Ron Burkle and his longtime Los Angeles attorney, John Branca, Mr. Jackson has become friendly with the region's elite -- some of whom are now advising him.
The pending agreement ends months of jockeying by Mr. Jackson, Sony and Fortress. On the advice of two Bahraini advisors, as well as that of Ms. Lenoir and a Los Angeles lawyer, Frank Correa, Mr. Jackson last year began reviewing his options for a payment that was due Dec. 20, 2005, the associates say. With no new album or tour then in the works and expenses mounting -- including upkeep of his Neverland ranch -- it wasn't clear how he would handle his debt with risking either a bankruptcy filing or the sale of some assets. Some of the parties, including Sony, feared Fortress might try to lay claim to Mr. Jackson's stake in the music catalog.
In December, two senior Sony officials flew to Dubai to meet with Mr. Jackson and some of his advisers, say people who were briefed on the meeting. Hoping to restructure the Fortress loan, Sony helped negotiate a loan extension, giving Mr. Jackson until Feb. 18 to meet his obligations, these people say. In exchange for the extension, Fortress collected a $2.7 million fee, or 1% of the original loan's value, as well as a higher interest rate on the debt for a period of time.
At Sony's behest, bankers at Citigroup Inc. stepped in with a commitment to refinance what was by then $300 million in debt on more favorable terms to Mr. Jackson and Sony. On Valentine's Day, bankers flew to the U.K. and met with Mr. Jackson at Cliveden House, a luxury hotel outside London where the singer was staying. There Mr. Jackson, clad in a navy-blue suit, told the bankers he was willing to use the music catalog as collateral but wanted to keep Neverland, according to one person who was at the meeting. "That was a turning point," says Mr. Correa, who also was at the meeting. He and Ms. Lenoir, who is his mother, have a consulting firm, Omni Global Inc. They began working for Mr. Jackson last summer.
The resulting proposed refinancing, which Citigroup formally presented a few weeks later, relied on Mr. Jackson's 100% stake in Mijac -- the publishing catalog of his own songs -- and his 50% stake in Sony/ATV as collateral, say two people familiar with the matter. It also offered Sony the chance to buy back half of Mr. Jackson's stake at a future date for roughly $200 million and the assumption of some attached debt, one of these people says.
Soon after, Fortress exercised a right to match the Citigroup offer, paving the way for a new deal. A Fortress spokeswoman didn't return a call. Spokeswomen for Citigroup and Sony/ATV declined to comment.
But obstacles remained, including a claim by Mr. Branca, Mr. Jackson's longtime attorney, on 5% of the Sony/ATV catalog. To satisfy him, Mr. Jackson's associates took out a mortgage on Neverland, people familiar with the matter say, retaining the singer's full ownership of his Sony/ATV stake.
Ms. Lenoir referred questions about the matter to Mr. Branca, whose spokesman had no comment. |