CHICAGO (Dow Jones) - Shares of Sirius XM Satellite Radio as much as doubled Tuesday morning on news that John Malone's Liberty Media has agreed to invest a total of $530 million in the the beleaguered radio company, allowing it to avoid a Chapter 11 bankruptcy filing.
Sirius XM (SIRI) shares were up 7 cents, or 71%, at 18 cents, in mid-morning trading.
For Malone, who is expected to take a seat on Sirius XM's board of directors, the deal has the added benefit of slamming the door on the plans of rival Charlie Ergen, chairman of EchoStar (SATSV) and Dish Network (DISH), who had also been in negotiations with the satellite radio provider. Malone and Ergen have been butting heads for many years, going back to the 1990s when Malone ran Tele-Communications Inc.; TCI was the biggest U.S. cable provider at the time.
Under the first phase of the transaction, Liberty (LCAPA)(LMDIA) will loan Sirius XM $280 million -- $250 million of which will be funded on Tuesday. Sirius XM will use some of the proceeds of that loan to pay $171.6 million of the $175 million in 2 1/2% convertible notes that are due at the end of business Tuesday.
Liberty's loan to Sirius XM will bear interest at a rate of 15%, and will be due in December 2012. It will be secured by the assets that secure Sirius XM's existing credit agreement.
In the second phase of the deal, Liberty will loan another $150 million to XM Satellite Radio, Sirius XM's wholly-owned subsidiary. Liberty has also agreed to offer to buy up to $100 million of the loans outstanding under XM's existing debt agreements.
Once both phases are completed, Sirius XM will issue Liberty 12.5 million shares of preferred stock, which Liberty can convert into 40% of the company's common stock. Liberty Chairman John Malone and Chief Executive John Maffei would then join Sirius XM's board of directors.