A unique amendment to XO Communications' bank debt agreement has essentially halted the trading of the name in the secondary bank loan market, thereby preventing financier Carl Icahn from buying the bank debt, according to market sources. The company's bank steering committee, which includes TD Securities, Bank of American, Barclays, J.P. Morgan, Deutsche Bank, FleetBoston Financial, and Scotia Capital, passed an amendment that, according to a statement in the company's most recent 8-K filing, requires majority senior lender consent to any transfers of senior secured debt, including both assignments and participation, for up to 90 days. "That would require the approval of the banks for an assignment," said one trader. "That's a little bizarre." Calls to Icahn's office were not returned.
June 20, 2002