Saturday November 21, 2009
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Berkshire, Leucadia Move in for Capmark Deal

Capmark reported a $1.6 billion second-quarter loss and said the Federal Deposit Insurance Corp. intends to order the company to bolster capital and liquidity

Warren Buffett’s Berkshire Hathaway and Leucadia National have committed to spend as much as $490 million on real estate-related assets from Capmark Financial Group as the lender weighs a bankruptcy filing. Capmark, owned by firms including KKR and Goldman Sachs paid $40 million for the option to sell its loan-servicing and mortgage business to the partnership of Berkshire and Leucadia, the Pennsylvania-based lender said. According to Bloomberg, Capmark reported a $1.6 billion second-quarter loss and said the Federal Deposit Insurance Corp. intends to order the company to bolster capital and liquidity. The Berkshire and Leucadia joint venture, Berkadia III, will pay $415 million in cash for the mortgage business if Capmark enters bankruptcy. The venture would also pay $75 million in the form of a note that can be reduced depending on losses in Capmark’s portfolio financing multifamily apartments backed by Fannie Mae. Outside of bankruptcy, Berkadia III will pay $375 million in cash and the $75 million note that can be adjusted for the losses. The buyers will also provide a $40 million “holdback” they will retain to cover indemnity claims. Capmark is one of the largest U.S. commercial real estate finance companies, with more than $10 billion in originations. But, its mortgage assets have been deteriorating since mid- 2007, Moody’s said in a May 5 report, as credit markets seized up.

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