/raid1/www/Hosts/bankrupt/TCR_Public/201124.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Tuesday, November 24, 2020, Vol. 24, No. 328
Headlines
AMERILIFE HOLDINGS: Moody's Rates $80MM Incremental Loan 'B2'
ANDES INDUSTRIES: Snell, Hagens Represent Investors
ASTORIA ENERGY: Moody's Rates New $860MM Secured Loans 'Ba3'
BENTON ENERGY: Gets Interim OK to Hire Steffes Firm as Counsel
BLUE STAR: Posts $538 Net Income in Third Quarter
CAN B CORP: Incurs $1.23 Million Net Loss in Third Quarter
CARNIVAL CORP: S&P Assigns 'B' Rating to Senior Unsecured Notes
CINEMEX USA: Seeks to Hire Ordinary Course Professionals
CLAROS MORTGAGE: Moody's Rates $250MM Term Loan B Add-on 'Ba3'
CLEARPOINT CHEMICALS: Committee Taps McDowell Knight as Counsel
CLEVELAND BIOLABS: Incurs $758K Net Loss in Third Quarter
CORT & MEDAS: Dec. 4 Auction of 2 Brooklyn Properties Set
COSTA HOLLYWOOD: Trustee Taps Yip Associates as Financial Advisor
DEWIT DAIRY: Proposes Private Sales of Vehicles & Equipment
DOUBLE EAGLE III: Fitch Assigns B LT IDR, Outlook Positive
DOUBLE EAGLE III: Moody's Assigns B2 CFR, Outlook Stable
DURR MECHANICAL: Marshall Buying Personal Property for $147.3K
E.B.J.T. ENTERPRISE: Seeks to Hire Abbasi Law as Counsel
EXGEN RENEWABLES: S&P Affirms 'B+' ICR; Outlook Stable
FIELDWOOD ENERGY: Jackson Walker Represents Archer Well, 2 Others
FLUSHING LANDMARK: Seeks March 4 Plan Exclusivity Extension
FOUNDATION BUILDING: Moody's Reviews B1 CFR for Downgrade
FRONTIER COMMUNICATIONS: Moody's Affirms B3 CFR, Outlook Stable
FRONTIER COMMUNICATIONS: S&P Assigns 'B+' Rating to 1st-Lien Notes
FRUTTA BOWLS: Trustee Selling Substantially All Assets for $400K
GARBANZO MEDITERRANEAN: Hires CBIZ Inc. as Accountant
GARBANZO MEDITERRANEAN: Hires Lexagon as Special Counsel
GAUCHO GROUP: Posts $1.1 Million Net Loss in Third Quarter
GRAVITY HOLDINGS: Hires Thomas R. Willson as Counsel
GUITAR CENTER: S&P Lowers ICR to 'D' on Missed Interest Payments
HD SUPPLY: Moody's Reviews Ba1 CFR for Upgrade on Home Depot Deal
INNOVATION PHARMACEUTICALS: Incurs $1.17M Net Loss in 1st Quarter
IONIX TECHNOLOGY: Incurs $532K Net Loss in First Quarter
K-MAC HOLDINGS: S&P Alters Outlook to Stable, Affirms 'B-' ICR
KAYA HOLDINGS: Incurs $13.4 Million Net Loss in Third Quarter
KLAUSNER LUMBER: Dec. 10 Auction of Substantially All Assets
LAURENCE C MILLER: Seeks to Hire Kirby Aisner as Legal Counsel
LAURENCE C MILLER: Taps Bruce Ira Greenberg as Accountant
LET'S GO AERO: Case Summary & 20 Largest Unsecured Creditors
LUCKY STAR-DEER: Wants Plan Exclusivity Extended Thru Mar. 4
MALLINCKRODT PLC: Hires Hogan Lovells as Special Counsel
MANHATTAN SCIENTIFICS: Posts $1.7-Mil. Net Income in Third Quarter
MEG ENERGY: S&P Alters Outlook to Stable, Affirms 'CCC+' ICR
MGM GROWTH: Fitch Assigns BB+ Rating on New $500MM Unsec. Notes
MICHAEL MAIDAN: Selling Grand Ave's Brooklyn Condo Units for $1.6M
MONTAGE RESOURCES: Moody's Withdraws B2 CFR After Debt Repayment
MUSCLE MAKER: Incurs $662K Net Loss in Third Quarter
NORTHWEST HARDWOODS: Case Summary & 30 Largest Unsecured Creditors
OASIS PETROLEUM: Court Enters Plan Confirmation Order
OCCIDENTAL PETROLEUM: S&P Lowers ICR to 'BB-', Outlook Negative
PACKERS HOLDINGS: Fitch Affirms B- LT IDR, Outlook Stable
PEORIA REGIONAL: President Buying Surplus Equipment for $6.5K
PROFESSIONAL FINANCIAL: Proposes Auction Sale of Holiday Items
PROFESSIONAL INVESTORS 24: Involuntary Chapter 11 Case Summary
PROFESSIONAL INVESTORS 25: Involuntary Chapter 11 Case Summary
PROFESSIONAL INVESTORS 32: Involuntary Chapter 11 Case Summary
PROFESSIONAL INVESTORS 33: Involuntary Chapter 11 Case Summary
PROFESSIONAL INVESTORS 36: Involuntary Chapter 11 Case Summary
RADHA KRISHN: GFG Holdings Buying LaQuinta Inn for $2.35M
RADHA KRISHN: Selling Luling Hotel & Related Assets for $2.35M
RAILWORKS CORP: S&P Assigns 'B' ICR; Outlook Stable
REVLON INC: S&P Cuts ICR to 'SD' on Completed Distressed Exchange
SAGE INTERNATIONAL: S&P Assigns 'BB+' Rating to 2020 Revenue Bonds
SATELLITE RESTAURANTS: Hires George S. Magas CPA as Accountant
SKLAR EXPLORATION: Moye White, CMG Update on JF Howell, 3 Others
SOTERA HEALTH: S&P Places 'B' ICR on CreditWatch Positive
STEIN MART: Retail Ecommerce Wins Auction for Online Business
SUMMIT MIDSTREAM: S&P Downgrades ICR to 'D', Withdraws Ratings
SYMPLR SOFTWARE: S&P Assigns 'B-' ICR on TractManager Acquisition
SYNEOS HEALTH: S&P Rates New $500MM Senior Unsecured Notes 'BB-'
T & C DOWNTOWN: Case Summary & 14 Unsecured Creditors
TAILORED BRANDS: Taps Deloitte & Touche as Auditor
THOMPSON AND SONS: Hires Peter M. Daigle as Counsel
TTK RE ENTERPRISE: $129K Pleasantville Property Sale to Disla OK'd
TTK RE ENTERPRISE: Neustadter Buying Northfield Property for $240K
TUPPERWARE BRANDS: Moody's Upgrades CFR to Caa2
VICTORIA TOWERS: Seeks Plan Exclusivity Extension Thru March 4
[^] Large Companies with Insolvent Balance Sheet
*********
AMERILIFE HOLDINGS: Moody's Rates $80MM Incremental Loan 'B2'
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Moody's Investors Service has assigned a B2 rating to an $80
million incremental first-lien senior secured term loan being
issued by AmeriLife Holdings LLC (AmeriLife, corporate family
rating B3). In addition, the rating agency assigned a Caa2 rating
to an incremental $45 million that AmeriLife intends to borrow
under its privately placed second-lien senior secured term loan.
The company will use proceeds from the incremental borrowings,
along with an equity contribution from the company's private equity
sponsor, Thomas H. Lee Partners L.P., to fund acquisitions and pay
related fees and expenses. The rating outlook for AmeriLife is
unchanged at stable.
RATINGS RATIONALE
AmeriLife's ratings reflect its role as a leading independent
marketer and distributor of health, fixed annuity, life and
supplemental products to the growing senior population, especially
in Florida. AmeriLife distributes its products mainly through a
network of independent and captive career agents who sell
door-to-door. Given the coronavirus pandemic, AmeriLife is
accelerating its investment in direct-to-consumer channels. In
addition, the 2019 acquisition of investment advisory firm
Brookstone Capital Management has diversified the company's
retirement services business.
These strengths are offset by the company's aggressive financial
leverage, execution and contingent risks associated with its
acquisitions, low interest and cash flow coverage, and modest size
relative to other rated insurance brokers and service companies.
AmeriLife has a business concentration in Medicare products, which
are subject to political and regulatory pressures, and a geographic
concentration in Florida, given its target demographic market. The
current economic conditions are putting pressure on the company's
annuity and life insurance sales.
Giving effect to the incremental borrowing, AmeriLife will have a
pro forma debt-to-EBITDA ratio above 7x, (EBITDA - capex) interest
coverage around 2x, and free-cash-flow-to-debt in the
low-to-mid-single digits, according to Moody's estimates. These pro
forma metrics reflect Moody's accounting adjustments for operating
leases, run-rate earnings from completed and pending acquisitions,
noncontrolling interest expenses and certain non-recurring items.
AmeriLife's financial leverage remains high for its rating
category, leaving little room for error in managing its existing
and newly acquired operations. While AmeriLife is pursuing several
acquisitions in 2020, Moody's expects the company to slow its
acquisition pace next year to focus more on integration, organic
growth and reducing its leverage below 7x through EBITDA growth.
The firm's private equity sponsor, Thomas H. Lee Partners L.P.,
would likely provide additional support if needed, said Moody's.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of AmeriLife's ratings
include: (i) debt-to-EBITDA ratio below 5.5x, (ii) (EBITDA - capex)
coverage of interest exceeding 2x, and (iii) free-cash-flow-to-debt
ratio exceeding 5%.
Factors that could lead to a downgrade of AmeriLife's ratings
include: (i) debt-to-EBITDA ratio remaining at or above 7x, (ii)
(EBITDA - capex) coverage of interest below 1.2x, or (iii)
free-cash-flow-to-debt ratio below 2%.
Moody's has assigned the following ratings to AmeriLife Holdings
LLC (and loss given default (LGD) assessments):
$80 million first-lien senior secured term loan maturing in March
2027, at B2 (LGD3);
$45 million second-lien senior secured term loan maturing in March
2028, at Caa2 (LGD6).
The following AmeriLife ratings remain unchanged:
Corporate family rating at B3;
Probability of default rating at B3-PD;
$100 million first-lien senior secured revolving credit facility
maturing in March 2025, at B2 (LGD3);
$560 million first-lien senior secured term loan maturing in March
2027, at B2 (LGD3);
$145 million second-lien senior secured term loan maturing in March
2028, at Caa2 (LGD6).
The rating outlook for the issuer is unchanged at stable.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in June 2018.
AmeriLife develops and distributes Medicare, annuities, and life
and health insurance products across the US and Puerto Rico,
primarily to the senior market. The company operates through a
national distribution network of over 140,000 insurance agents and
brokers via more than 20 marketing organizations, and over 50
insurance agency locations. For the 12 months through June 2020,
AmeriLife generated revenues of $247 million.
ANDES INDUSTRIES: Snell, Hagens Represent Investors
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Pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure,
the law firms of Snell & Wilmer L.L.P. and Hagens Berman Sobol
Shapiro LLP submitted a verified statement to disclose that they
are representing EZconn Corporation, eGTran Corporation, Cheng-Sun
Lan, Devon Investment, Inc., and Crestwood Capital Corporation, in
the Chapter 11 cases of Andes Industries, Inc. and PCT
International, Inc.
As of Nov. 17, 2020, each of the Petitioning Creditors' and their
disclosable economic interests are:
EZconn Corporation
No. 27-8, Section 2
Zhongzheng E. Road
Tamsui District
New Taipei City 251030
Taiwan
* Nature of Claim: Judgements
* Amount of Claim Interest: $451,522.79 (Andes)
$8,384,561.49 (PCT)
Crestwood Capital Corporation
c/o Ronald W. Hofer
1428 Harvest Crossing Dr.
McLean, Virginia 22101
* Nature of Claim: Judgement
* Amount of Claim Interest: $5,279,263.64 (Andes)
Devon Investments, Inc.
c/o Ronald W. Hofer 1428 Harvest Crossing Dr.
McLean, Virginia 22101
* Nature of Claim: Judgement
* Amount of Claim Interest: $8,195,402.00 (Andes)
eGTran Corporation
c/o Michael Kroon, Esq.
P.O. Box 71
Road Town, Tortola
BVI VG1110
* Nature of Claim: Judgement
* Amount of Claim Interest: $122,995.57 (PCT & Andes)
Cheng-Sun Lan
c/o Alex C.Y.
Chen 9F-5, No. 26, Sec. 2
Minquan E. Rd.
Zhongshan Dist.
Taipei, Taiwan
* Nature of Claim: Judgement
* Amount of Claim Interest: $54,815.10 (PCT & Andes)
Counsel for Creditors can be reached at:
SNELL & WILMER L.L.P.
Christopher H. Bayley, Esq.
Benjamin W. Reeves, Esq.
One Arizona Center
400 E. Van Buren, Suite 1900
Phoenix, AZ 85004-2202
Telephone: 602.382.6000
E-Mail: cbayley@swlaw.com
breeves@swlaw.com
- and -
HAGENS BERMAN SOBOL SHAPIRO LLP
Greer N. Shaw, Esq.
301 N. Lake Ave., Suite 920
Pasadena, CA 91101
A copy of the Rule 2019 filing, downloaded from PacerMonitor.com,
is available at https://bit.ly/35Vn0tp and https://bit.ly/36Xl2bb
About Andes Industries
Creditors EZconn Corporation, Crestwood Capital Corporation, and
Devon Investment Inc. filed involuntary bankruptcy petitions
against Andes Industries, Inc. and PCT International, Inc. under
Chapter 7 of the Bankruptcy Code in the U.S. Bankruptcy Court for
the District of Arizona. On Dec. 4, 2019, the Chapter 7 cases were
converted to cases under Chapter 11 (Bankr. D. Ariz. Lead Case No.
19-14585). Judge Paul Sala oversees the cases.
The Debtors tapped Sacks Tierney P.A. as legal counsel, Beus
Gilbert McGroder PLLC as special counsel, and Keegan Linscott &
Associates, PC as financial consultant.
The Office of the U.S. Trustee appointed a committee of unsecured
creditors on Jan. 29, 2020. The committee is represented by Allen
Barnes & Jones, PLC.
The Debtors filed their joint Chapter 11 plan and disclosure
statement on June 8, 2020.
ASTORIA ENERGY: Moody's Rates New $860MM Secured Loans 'Ba3'
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Moody's Investors Service assigned a Ba3 rating to Astoria Energy
LLC's proposed $800 million senior secured term loan B due 2027,
$38 million senior secured revolving credit facility due 2025 and
$22 million senior secured debt service reserve letter of credit
facility due 2025. The rating outlook is stable.
Proceeds from the new term loan B will be used (i) to repay Astoria
Energy's existing approximate $644 million term loan; (ii) to fund
expenditures related to a planned outage scheduled to begin
December 15, 2020; (iii) to pay transaction-related fees and
expenses; and (iv) to fund a distribution to the equity sponsors
related to the contribution of its 54.9451% equity interest in
Astoria Energy II LLC (AE II).
Upon the closing of the new credit facilities, Moody's intends to
withdraw the B1 rating on Astoria Energy's existing secured term
loan due December 2021 (cusip. # - 04626LAB5) and the secured
revolving credit facility due December 2020.
Astoria Energy, which owns the 615-megawatt Astoria Energy Unit 1,
will continue to be the Borrower under the proposed refinancing.
The proposed structure, however, includes a pledge by Astoria
Energy's sponsor group of all cash distributions relating to its
54.9451% equity ownership in AE II, a credit positive in that AE
II's cash flows are derived under an existing low-risk tolling
arrangement with an investment grade counterparty through June
2031. Astoria Energy's sponsor group includes affiliates of APG,
California State Teachers Retirement System, Harbert, MEAG (Munich
Re's asset manager acting for investors from within Munich Re
Group) and Clal Insurance Company. Collectively, these entities
consummated an acquisition in June 2020 of 100% of the interests in
Astoria Energy and 54.9451% of AE II.
RATINGS RATIONALE
The Ba3 rating considers (i) Astoria Energy's competitive position
as an important asset serving New York City; (ii) the inclusion of
distributions from AE II that provides a degree of diversity and
predictability to the entities consolidated cash flow profile and
(iii) an improved environment for NYISO Zone J capacity prices. The
rating, however, is constrained at the Ba3 rating level by its
significant leverage profile, continued soft regional energy demand
and power prices over at least the near-term at Astoria Energy, and
the existence of permitted distribution test at AE II that, while
unlikely, could potentially prevent distributions to Astoria
Energy.
AE II's generating capacity has been contracted to New York State
Power Authority (NYPA: Aa2, stable) under a 20-year tolling
arrangement. The tolling agreement provides resilient cash flow
stability from a high quality off-taker as commodity, environmental
exposure and up-stream fuel and down-stream transmission risks are
all borne by NYPA. AE II has used its stable cash flow to service
project level debt service under an amortizing term loan with a
balloon maturity in 2024 with residual cash flow provided to its
ownership group.
FINANCIAL METRICS
Distributions from AE II combined with an improved pricing
environment for NYISO Zone J capacity prices is expected to result
in Astoria Energy generating key financial metrics that are
commensurate with a Ba3 rating. Key forecasted financial metrics
for the 3-year period 2021-2023 include a debt service coverage
ratio of approximately 2.1x, increasing to more than 2.5x by 2023,
and project cash from operations to adjusted debt in a range of
7-8% in 2021 improving to more than 10% by 2023.
Capacity pricing levels in Zone J have meaningfully increased in
recent auctions due in large part to a rise in the Locational
Capacity Requirement or LCR as determined by the NYISO to reflect
the retirement of the 950-megawatt Indian Point Unit 2 facility in
April 2020. Summer 2020 capacity prices were 40% higher than the
prior comparable period and winter 2020/2021 capacity prices were
100% higher than prior. That said, capacity prices are determined
in part by NYISO's annual peak load demand forecast, and
historically can experience substantial year-over-year volatility.
Preliminary 2021 forecasted peak load from NYISO suggest a decline
in peak load in Zone J owing to Covid-19's impact on power demand.
As a result, its expectation is for capacity prices to modestly
decline relative to current levels over the twelve-month period
beginning May 2021. Recovery of energy and capacity prices are
anticipated in 2022 owing to a more normalized forecasted peak load
as well as the market implications associated with the retirement
of the Indian Point Unit 3 scheduled for April 2021.
Its current expectation contemplates between $450-$525 million of
the term loan debt remaining outstanding at the end of the
seven-year term or about 55-65% of the original loan amount. While
a meaningful amount, mitigants include Astoria Energy's competitive
position as an important asset serving New York City and the
remaining term of the tolling arrangement with NYPA providing
incremental distributions from AEII to the Borrower.
AE II
The tolling arrangement between AE II and NYPA requires AE II to
sell and NYPA to purchase all products related to the operation of
the project through July 1, 2031. The cash consideration paid to AE
II is currently $12.5 million per month subject to continued
escalation. In addition, AE II receives incentive payments or
penalties for capacity, availability and heat rate performance
guarantees. Since the commercial operating date, the project has
consistently met or exceeded the Tolling Agreement Guarantee
Targets resulting in the receipt of incentive payments.
AE II is party to a term loan facility that matures on August 31,
2024. The current amount outstanding under the term loan
approximates $837 million. Scheduled mandatory amortization
requirements ranging between $40 - $60 million annually are
expected to amortize an incremental $208 million of AEII resulting
in a $629 million balloon debt payment at maturity. Because of the
seven-year tail under the tolling agreement between AEII and NYPA,
its expectation is that the remaining amount at AEII will be
refinanced prior to or at maturity.
Terms of AE II's existing financing allow for distributions to its
owner group dependent on compliance with a 1.15x debt service
coverage requirement. The two most recent compliance calculations
reviewed by Moody's demonstrated 1.4x coverage and given the terms
of the toll and the operating performance of the asset, there is a
high probability of AE II being able to continue to easily meet the
1.15x restricted payments test. Based on review of AE II's
historical audited financial statements, annual distributions have
ranged between $33-36 million annually, implying an $18-20 million
distribution to Astoria Energy on a backcast basis. Astoria
Energy's rating assumes the receipt of annual distributions from AE
II in the range of $18-23 million annually.
STRUCUTRAL FEATURES
Lenders benefit from standard project finance features, including a
trustee administered cash flow waterfall of accounts and a
six-month debt service reserve. Debt is repaid quarterly via a 1%
scheduled amortization. There is also a mandatory quarterly cash
sweep equal to 50% of excess cash flow. The terms of the proposed
refinancing structure contain one financial covenant: the
maintenance at all times of a DSCR of at least 1.1 times.
Guarantors under the financing will include Astoria Project
Partners LLC (APP), which owns 100% of the issued equity in Astoria
Energy, and Astoria Power Partners Holding LLC (APPH), which owns
100% of APP and 54.9451% of Astoria Project Partners II LLC (APP
II). APP II owns 100% of the issued equity in AE II.
The collateral package will include all tangible and intangible
assets of Astoria Energy and 100% of the equity interests in each
of Astoria Energy, APP and APP II held by APPH.
Loan documentation will require APPH to cause 100% of distributable
cash from APP II and AE II to be distributed and deposited into
Astoria Energy's Revenue Account. The failure by APPH to cause any
of such distributable cash to be distributed and deposited into the
Revenue Account will be an event of default under the Borrower's
proposed credit agreement.
RATING OUTLOOK
The stable outlook reflects an expectation for continued strong
operating performance and improved financial results due primarily
to higher capacity related revenues.
FACTORS THAT COULD LEAD TO AN UPGRADE
Astoria Energy's rating is unlikely to be upgraded in the near-term
owing to the anticipated leverage at financial close of the
refinancing. Longer term, the rating could come under positive
pressure should the credit metrics become more solidly positioned
in the mid-Ba rating category. Specifically, if the ratio of
project cash from operations to adjusted debt exceeds 12% and debt
service coverage ratio exceeds 2.5x on a sustained basis,
consideration of an upgrade may be warranted.
FACTORS THAT COULD LEAD TO A DOWNGRADE
Astoria Energy's rating would likely be pressured should
distributions from AE II fall short of expectation or if the ratio
of project cash from operation to adjusted and/or device coverage
ratio fall below 5% and 1.8x on a sustained basis.
Astoria Energy owns Astoria Energy Unit 1, a 615-MW natural
gas-fired generation plant which earns the majority of the revenues
from merchant energy and capacity sales within Zone J of the NY
ISO. APPH, which owns a 100% indirect equity interest in Astoria
Energy, also owns a 54.9451% indirect equity interest in Astoria
Energy II LLC (AE II), a 615-MW natural gas-fired generation plant
which sells energy and capacity to NYPA under a long-term tolling
agreement through June 2031. Astoria Energy's sponsor group
includes affiliates of APG, California State Teachers Retirement
System, Harbert, MEAG (Munich Re's asset manager acting for
investors from within Munich Re Group) and Clal Insurance Company.
The principal methodology used in these ratings was Power
Generation Projects Methodology published in July 2020.
BENTON ENERGY: Gets Interim OK to Hire Steffes Firm as Counsel
--------------------------------------------------------------
Benton Energy Service Company received interim approval from the
U.S. Bankruptcy Court for the Eastern District of Louisiana to hire
The Steffes Firm, LLC to handle its Chapter 11 case.
The firm's hourly rates are:
William E. Steffes $400
Noel Steffed Melacon $325
Barbara B. Parson $325
Paralegal $90
Law Clerks $90
Since Aug. 1, 2019, Steffes Firm received three separate retainers
totaling $57,000 from the Debtor.
William Steffes, Esq., a partner at Steffes Firm, disclosed in
court filings that the firm is disinterested and neither holds nor
represents any interest adverse to the Debtor or its estate.
The firm can be reached through:
William E. Steffes, Esq.
The Steffes Firm, LLC
1370, 13702 Coursey Blvd #3
Baton Rouge, LA 70817
Phone: +1 225-751-1751
About Benton Energy Service Company
Benton Energy Service Company, which conducts business under the
name Besco Tubular, is an oil service company that provides casing
and tubing services on land and offshore. It was founded in 2002.
Visit https://bescotubular.com for more information.
On Oct. 21, 2020, Cajun Services Unlimited, LLC (which conducts
business under the name Spoked Manufacturing), Shane Triche and
Heath Triche filed an involuntary petition for relief under Chapter
11 of the US Bankruptcy Code against Benton Energy Service Company
(Bankr. E.D. La. Case No. 20-11808). The creditors are represented
by Tori S. Bowling, Esq.,at Keogh, Cox & Wilson, Ltd.
The Steffes Firm, LLC serves as the Debtor's legal counsel.
BLUE STAR: Posts $538 Net Income in Third Quarter
-------------------------------------------------
Blue Star Foods Corp. filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing net income
of $538 on $3.98 million of net revenue for the three months ended
Sept. 30, 2020, compared to a net loss of $1.29 million on $5.08
million of net revenue for the three months ended Sept. 30, 2019.
The decrease in net loss is primarily attributable to reductions of
salaries and wages, interest and other expenses.
For the nine months ended Sept. 30, 2020, the Company reported a
net loss of $4.34 million on $11.42 million of net revenue compared
to a net loss of $3.48 million on $19.12 million of net revenue for
the nine months ended Sept. 30, 2019.
As of Sept. 30, 2020, the Company had $9.38 million in total
assets, $11.09 million in total liabilities, and a total
stockholders' deficit of $1.71 million.
For the nine months ended Sept. 30, 2020, the Company has an
accumulated deficit of $13,388,865 and working capital deficit of
$4,341,802, with the current liabilities inclusive of $2,910,136 in
stockholder loans that are subordinated to the provider of the
working capital facility, and $171,028 in the current portion of
the lease liability recognition. These circumstances raise
substantial doubt as to the Company's ability to continue as a
going concern. The Company's ability to continue as a going concern
is dependent upon the Company's ability to increase revenues,
execute on its business plan to acquire complimentary companies,
raise capital, and to continue to sustain adequate working capital
to finance its operations.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1730773/000149315220021773/form10q.htm
About Blue Star Foods
Blue Star Foods Corp. is a sustainable seafood company that
processes, packages and sells refrigerated pasteurized Blue Crab
meat, and other premium seafood products. Its products are
currently sold in the United States, Mexico, Canada, the
Caribbean,
the United Kingdom, France, the Middle East, Singapore and Hong
Kong. The company headquarters is in Miami, Florida (United
States), and its corporate website is:
http://www.bluestarfoods.com/
Blue Star reported a net loss of $5.02 million for the 12 months
ended Dec. 31, 2019, compared to a net loss of $2.28 million for
the 12 months ended Dec. 31, 2018.
MaloneBailey, LLP, in Houston, Texas, the Company's auditor since
2014, issued a "going concern" qualification in its report dated
May 29, 2020, citing that the Company has suffered recurring losses
from operations and has a net capital deficiency that raises
substantial doubt about its ability to continue as a going concern.
CAN B CORP: Incurs $1.23 Million Net Loss in Third Quarter
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Can B Corp. filed with the Securities and Exchange Commission its
Quarterly Report on Form 10-Q disclosing a net loss of $1.23
million on $459,496 of total revenues for the three months ended
Sept. 30, 2020, compared to a net loss of $941,099 on $615,422 of
total revenues for the three months ended Sept. 30, 2019.
For the nine months ended Sept. 30, 2020, the Company reported a
net loss of $3.60 million on $1.23 million of total revenues
compared to a net loss of $3.55 million on $1.77 million of total
revenue for the same period in 2019.
As of Sept. 30, 2020, the Company had $6.27 million in total
assets, $2.47 million in total liabilities, and $3.81 million in
total stockholders' equity.
As of Sept. 30, 2020, the Company had cash and cash equivalents of
$45,506 and a working capital of $1,882,926. For the periods ended
September 30, 2020 and 2019, the Company had net losses. These
factors raise substantial doubt as to the Company's ability to
continue as a going concern. The Company plans to improve its
financial condition by raising capital through sales of shares of
its common stock. Also, the Company plans to expand its operation
of CBD products to increase its profitability. The consolidated
financial statements do not include any adjustments that might be
necessary should the Company be unable to continue as a going
concern.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1509957/000149315220021626/form10-q.htm
About Can B Corp
Headquartered in Hicksville New York, Canbiola, Inc. (now known as
Can B Corp) -- http://www.canbiola.com/-- develops, produces, and
sells products and delivery devices containing CBD. Cannabidiol
("CBD") is one of nearly 85 naturally occurring compounds
(cannabinoids) found in industrial hemp (it is also contained in
marijuana). The Company's products contain CBD derived from Hemp
and include products such as oils, creams, moisturizers, isolate,
and gel caps. In addition to offering white labeled products,
Canbiola has developed its own line of proprietary products, as
well as seeking synergistic value through acquisitions of products
and brands in the Hemp industry.
Can B Corp. reported a loss and comprehensive loss of $4.59 million
for the year ended Dec. 31, 2019, compared to a loss and
comprehensive loss of $4.11 million for the year ended Dec. 31,
2018. As of March 31, 2020, the Company had $7.14 million in total
assets, $1.48 million in total liabilities, and $5.66 million in
total stockholders' equity.
BMKR, LLP, in Hauppauge, NY, the Company's auditor since 2014,
issued a "going concern" qualification in its report dated March
26, 2020 citing that the Company's significant operating losses
raise substantial doubt about its ability to continue as a going
concern.
CARNIVAL CORP: S&P Assigns 'B' Rating to Senior Unsecured Notes
---------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level and '3' recovery
ratings to global cruise operator Carnival Corp.'s proposed $1
billion and EUR350 million in senior unsecured notes due 2026. The
'3' recovery rating indicated S&P's expectation for meaningful
(50%-70%; rounded estimate: 60%) recovery for noteholders in the
event of a payment default. S&P expects Carnival will use proceeds
from the proposed notes for general corporate purposes, including
to enhance its liquidity position, make certain vessel payments,
and possibly refinance upcoming debt maturities.
S&P said, "The proposed debt raise does not materially alter our
forecast for adjusted leverage because recent equity issuances
largely offset the incremental debt. Carnival recently completed a
$1.5 billion equity offering that we had not previously
incorporated into our forecast. The equity issuance adds cash to
the balance sheet and offsets the incremental debt in our measure
of adjusted net leverage. Further, the company also recently issued
equity to redeem $499 million in principal of its convertible
notes, which we treated as debt in our measure of adjusted
leverage."
"We still expect Carnival's credit measures to remain very weak
through 2021 because we expect a protracted return to service and
significantly lower occupancy levels compared with those of 2019,
especially for sailings in the first half of 2021. These weaker
measures, along with the potential for further suspensions or
delays in the resumption of operations in 2021 in response to
rising numbers of coronavirus cases, heighten the risk that
Carnival could not significantly improve adjusted leverage in 2022
to a more manageable level from what we view as unsustainable
levels in 2021."
S&P believes there remains a high degree of uncertainty about the
evolution of the coronavirus pandemic. Reports that at least one
experimental vaccine is highly effective and might gain initial
approval by the end of the year are promising, but this is merely
the first step toward a return to social and economic normality;
equally critical is the widespread availability of effective
immunization, which could come by the middle of next year.
S&P said, "We use this assumption in assessing the economic and
credit implications associated with the pandemic. As the situation
evolves, we will update our assumptions and estimates
accordingly."
Widespread effective immunization could help the cruise industry
begin to recover later next year and into 2022.
The negative outlook reflects a high degree of uncertainty as to
Carnival's recovery path given the potential for a slower restart
of cruises in many markets, the potential for further suspensions
even once operations resume, and the possibility the pandemic could
alter consumers' demand for travel and cruising over the longer
term because of concerns about contracting COVID-19.
S&P said, "We could lower our rating at any time if we believe
recovery will be more prolonged or weaker than we are expecting, or
if we anticipate any strain to Carnival's liquidity position. We
could also lower our rating if we do not believe Carnival will
improve adjusted leverage well below 7.5x or could generate
positive free operating cash flow (net of committed ship financing)
in 2022."
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P assigned its 'B' issue-level and '3' recovery ratings to
Carnival's proposed $1 billion and EUR350 million senior unsecured
notes due 2026. The '3' recovery rating indicates its expectation
for meaningful (50%-70%; rounded estimate: 60%) recovery for
noteholders in the event of a payment default.
-- S&P's 'BB-' issue-level and '1' recovery ratings on Carnival's
first- and second-lien secured debt are unchanged. The '1' recovery
rating indicates its expectation for very high (90%-100%; rounded
estimate: 95%) recovery for lenders in the event of a payment
default.
-- S&P's 'B' issue-level and '3' recovery ratings on Carnival's
existing unsecured debt are unchanged.
Simulated default assumptions
-- S&P's simulated default scenario contemplates a default by
2024, reflecting a significant decline in cash flow from
permanently impaired demand for cruises following negative
publicity and travel advisories during the COVID-19 pandemic, a
prolonged economic downturn, and/or increased competitive
pressures.
-- S&P estimates gross enterprise value at emergence of about
$24.3 billion by applying a 7x multiple to its estimated emergence
EBITDA. The rating agency uses a multiple that is at the high end
of its range for leisure companies to reflect Carnival's good
position in the cruise industry, which is a small but
underpenetrated segment of the overall travel and vacation
industry.
-- S&P includes in its unsecured claims tranches of loans recently
entered into by Carnival and various export credit agencies, as
well as new ship debt that it expects Carnival to incur before the
year of default.
-- S&P assumes that about 80% of its estimated gross enterprise
value at emergence is available to cover secured claims. Any
residual value after satisfying first-lien secured claims is
available next to satisfy second-lien claims.
-- S&P assumes that the remainder of the gross enterprise value,
or about 20%, plus any residual value attributed to secured claims
after satisfying the first- and second-lien secured claims, is
available to satisfy unsecured claims.
-- S&P assumes Carnival's revolvers are 85% drawn at default.
Simplified waterfall
-- Emergence EBITDA: $3.5 billion
-- EBITDA multiple: 7x
-- Gross enterprise value: $24.3 billion
-- Net enterprise value available after 7% administrative
expenses: $22.6 billion
-- Value attributable to secured/unsecured claims: $18.1
billion/$4.5 billion
-- Value available to first-lien secured claims: $18.1 billion
-- Estimated first-lien secured claims at default: $7.4 billion
-- Recovery range: 90%-100% (rounded estimate: 95%)
-- Value available to second-lien secured claims: $10.7 billion
-- Estimated second-lien secured claims at default: $2.3 billion
-- Recovery range: 90%-100% (rounded estimate: 95%)
-- Value available to unsecured claims (including residual value
after satisfying secured first- and second-lien claims): $13
billion
-- Estimated unsecured claims at default: $21.2 billion
-- Recovery range: 50-70% (rounded estimate: 60%)
Note: All debt amounts include six months of prepetition interest.
CINEMEX USA: Seeks to Hire Ordinary Course Professionals
--------------------------------------------------------
Cinemex USA Real Estate Holdings, Inc., and its debtor-affiliates
seek authority from the U.S. Bankruptcy Court for the Southern
District of Florida to employ Ordinary Course Professionals.
The Debtors hires the following Ordinary Course Professionals:
OCP Services Monthly Fees
Ximena Carreno Morales Ongoing Legal Corporate $6,000
BMSS Advisors & CPAs HR Audit Services 401(k) $10,000
Murcia-Mackin, PC DBA's Corporate Documents, $18,000
Registrations, etc.
Cole, Scott & Discrimination Claims $2,100
Kissane, P.A. (Florida)
Gray Robinson, P.A. Liquor Licenses $2,800
and Permits
Muttoni Law PLLC Immigration lawyers (visas) $3,500
Freeman Mathis & Employment lawyers $3,500
Gary, LLP
Lewis Brisbois Personal Injury $3,500
lawyers (Alabama)
Erstad & Riemer PA Discrimination Claims $1,200
(Minnesota)
Litchfield Cavo LLP Personal Injury lawyers $3,500
(Florida)
To the best of the Debtor's knowledge the firms are a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code and does not represent any interest adverse to
the Debtors and their estates.
About Cinemex USA Real Estate Holdings
Cinemex USA Real Estate Holdings Inc. and Cinemex Holdings USA,
Inc., a company that operates a movie theater chain, sought
protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.
Fla. Case Nos. 20-14695 and 20-14696) on April 25, 2020. On April
26, 2020, CB Theater Experience, LLC filed a Chapter 11 petition
(Bankr. S.D. Fla. Case No. 20-14699). The cases are jointly
administered under Case No. 20-14695.
At the time of the filing, the Debtors each disclosed assets of
between $100 million and $500 million and liabilities of the same
range.
The Debtors have tapped Quinn Emanuel Urquhart & Sullivan, LLP and
Bast Amron, LLP as bankruptcy counsel; Province, Inc. as financial
advisor; and Omni Agent Solutions as noticing, balloting and
administrative agent.
The U.S. Trustee for Region 21 appointed a committee of unsecured
creditors. The committee is represented by Pachulski Stang Ziehl &
Jones, LLP and Berger Singerman, LLP.
CLAROS MORTGAGE: Moody's Rates $250MM Term Loan B Add-on 'Ba3'
--------------------------------------------------------------
Moody's Investors Service assigned a Ba3 rating to Claros Mortgage
Trust, Inc.'s proposed fungible Term Loan B add-on. CMTG's Ba3
long-term corporate family rating (CFR) and Ba3 senior secured
rating were unaffected by the company's decision to increase its
existing Term Loan B by $250 million. CMTG's rating outlook is
negative.
Assignments:
Issuer: Claros Mortgage Trust, Inc.
$250 Million Senior Secured Term Loan B Add-On, Assigned Ba3
RATINGS RATIONALE
CMTG's Ba3 long-term CFR reflects the company's strong capital
adequacy, low leverage and solid profitability. The ratings also
reflect CMTG's concentration in commercial real estate lending, its
significant reliance on confidence-sensitive secured funding, which
encumbers certain of its earning assets and limits its access to
the unsecured debt markets, and its limited operating history
through a full credit cycle given the company's recent formation in
2015.
The Ba3 rating assigned to CMTG's proposed Term Loan B reflects its
senior secured position in the company's capital hierarchy and
strong collateral coverage. The asset pledges comprising the loan's
security include a significant amount of cash and first-lien
mortgages, which Moody's views favorably.
The negative rating outlook, which was assigned on 14 April 2020,
reflects Moody's expectation that CMTG's asset quality,
profitability and capital will weaken as a result of the
coronavirus pandemic, over the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The negative outlook indicates that a ratings upgrade is unlikely
over the next 12-18 months. However, CMTG's ratings could be
upgraded if the company: 1) improves its funding profile by
reducing its reliance on confidence-sensitive secured borrowings;
2) increases its business diversification while maintaining good
asset quality; 3) continues to demonstrate strong, predictable
profitability; and 4) maintains high capital levels and low
leverage that compare favorably to peers.
CMTG's ratings could be downgraded if the company: 1) experiences a
material deterioration in asset quality and profitability; or 2)
increases its leverage (debt/equity) above 3.5x given the current
portfolio mix.
The principal methodology used in this rating was Finance Companies
Methodology published in November 2019.
CLEARPOINT CHEMICALS: Committee Taps McDowell Knight as Counsel
---------------------------------------------------------------
The official committee of unsecured creditors of Clearpoint
Chemicals, LLC received approval from the U.S. Bankruptcy Court for
the Southern District of Alabama to hire McDowell Knight Roedder &
Sledge, LLC as its legal counsel.
McDowell Knight will represent the committee with respect to its
duties under the Bankruptcy Code and with regard to actions the
committee may direct as they relate to any pending federal and
state court action or potential claim against the Debtor's estate.
The firm's hourly rates are:
Richard M. Gaal $350
Associate Attorneys $210
Paralegals $100
McDowell Knight does not represent any interest adverse to the
Debtor or its bankruptcy estate, according to court filings.
The firm can be reached through:
Richard M. Gaal
McDowell Knight Roedder & Sledge, LLC
11 North Water St., Ste. 13290 (36602)
P.O. Box 350
Mobile, AL 36601
Phone: (251) 432-5300
Fax: (251) 432-5303
Email: rgaal@mcdowellknight.com
About Clearpoint Chemicals
Clearpoint Chemicals, LLC operates in the specialty chemical
services industry. It develops customer-specific chemical
solutions, provides in-house last mile logistics, and delivers
on-site application and management, and continued communication and
project assessment services.
Clearpoint Chemicals sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Ala. Case No. 20-12274) on Sept. 29,
2020. At the time of the filing, the Debtor disclosed assets of
between $10 million and $50 million and liabilities of the same
range.
Judge Jerry C. Oldshue oversees the case. Silver, Volt & Garrett
serves as Debtor's legal counsel.
On Oct. 21, 2020, Judge Jerry Oldshue of the U.S. Bankruptcy Court
for the Southern
District of Alabama ordered the appointment of a committee of
unsecured creditors in the Debtor's Chapter 11 case. The committee
is represented by McDowell Knight Roedder & Sledge, LLC.
CLEVELAND BIOLABS: Incurs $758K Net Loss in Third Quarter
---------------------------------------------------------
Cleveland Biolabs, Inc. filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $757,962 on $43,645 of revenues for the three months ended
Sept. 30, 2020, compared to a net loss of $467,367 on $269,635 of
revenues for the three months ended Sept. 30, 2019.
For the nine months ended Sept. 30, 2020, the Company reported a
net loss of $1.74 million on $262,942 of revenues compared to a net
loss of $1.99 million on $744,521 of revenues for the nine months
ended Sept. 30, 2019.
As of Sept. 30, 2020, the Company had $3.23 million in total
assets, $483,873 in total liabilities, and $2.75 million in total
stockholders' equity.
Cleveland Biolabs said, "We have incurred cumulative net losses and
expect to incur additional losses related to our R&D activities.
We do not have commercial products and have limited capital
resources. At September 30, 2020, we had cash, cash equivalents and
short-term investments of $3.0 million, which represents a increase
of $1.5 million, or 92.3%, since the end of our last fiscal year.
This increase was caused by our capital raise and warrant
exercises, offset by our net cash used in operations of $1.6
million during the nine months ended September 30, 2020. We expect
our cash, cash equivalents, and short-term investments, to fund our
projected operating requirements and allow us to fund our operating
plan, in each case, into November 2021. However, until we are able
to commercialize our product candidates at a level that covers our
cash expenses, we will need to raise substantial additional
capital, which we may be unable to raise in sufficient amounts,
when needed and at acceptable terms. Our plans with regard to
these matters may include seeking additional capital through debt
or equity financing, the sale or license of drug candidates, the
sale of certain of our tangible and/or intangible assets, the sale
of interests in our subsidiaries or joint ventures, obtaining
additional government research funding, or entering into other
strategic transactions. There can be no assurance that we will be
able to obtain future financing on acceptable terms, obtain
additional government financing for our operations, or enter into
other strategic transactions. In addition, the recent outbreak of
the novel coronavirus known as COVID-19 has significantly disrupted
world financial markets, negatively impacted U.S. market conditions
and may reduce opportunities for us to seek out additional funding.
If we are unable to raise adequate capital and/or achieve
profitable operations, future operations might need to be scaled
back or discontinued."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1318641/000143774920023890/cbli20200930_10q.htm
About Cleveland BioLabs
Cleveland BioLabs, Inc. -- http://www.cbiolabs.com/-- is a
biopharmaceutical company developing novel approaches to activate
the immune system and address serious medical needs. The Company's
proprietary platform of Toll-like immune receptor activators has
applications in radiation mitigation and oncology. The Company's
most advanced product candidate is entolimod, which is being
developed as a medical radiation countermeasure for the prevention
of death from acute radiation syndrome and other indications in
radiation oncology. The Company was incorporated in Delaware in
June 2003 and is headquartered in Buffalo, New York.
Cleveland Biolabs recorded a net loss of $2.69 million for the year
ended Dec. 31, 2019, compared to a net loss of $3.71 million for
the year ended Dec. 31, 2018. As of June 30, 2020, the Company had
$4.08 million in total assets, $787,335 in total liabilities, and
$3.29 million in total stockholders' equity.
Meaden & Moore, Ltd., in Cleveland, Ohio, the Company's auditor
since 2005, issued a "going concern" qualification in its report
dated April 14, 2020 citing that the Company continues to have
negative cash flow from operations and has a net capital deficiency
that raise substantial doubt about its ability to continue as a
going concern.
CORT & MEDAS: Dec. 4 Auction of 2 Brooklyn Properties Set
---------------------------------------------------------
Judge Alan S. Trust of the U.S. Bankruptcy Court for the Eastern
District of New York has entered an amended order authorizing Cort
& Medas, LLC's sale of the real properties known as and located at
1376 and 1414 Utica Avenue, Brooklyn, New York, Block 4784, Lots 20
and 35 at a public auction and pursuant to the relevant terms of
the Second Amended Plan of Reorganization, As Modified dated Aug.
13, 2020.
Any other relief sought in the Motion not granted by the Order will
be considered at the hearing scheduled to approve the results of
the Auction to be held by the Court on Dec. 9, 2020 at 10:30 a.m.
Notice of the Motion given by the Debtor as described in the Motion
and the related Affidavit of Service is deemed adequate under the
circumstances.
The Terms and Conditions of Sale are approved in all respects. The
Debtor is authorized to sell all of its right, title, and interest
in and to the Properties at a public auction and pursuant to the
relevant terms of the Plan, free and clear of all Liens, with such
Liens attaching to the sale proceeds.
The Auction will be conducted telephonically or by videoconference
on Dec. 4, 2020 at 11:00 a.m., or such other adjourned date posted
on the website maintained by Rosewood Realty Group, the Debtor's
auctioneer, and that the Properties will be offered for inspection
by appointment at reasonable times, requested by the interested
party to the Debtor's auctioneer, which will make such
arrangements.
The Notice of Sale is approved in all respects. Within three
business days after entry of the Order, the Debtor will serve a
copy of the Notice of Sale upon the Notice Parties.
Within 48 hours after the conclusion of the Auction, or the
execution of a contract of sale with one or more purchasers for the
Properties, the Debtor will file a Sale Declaration with the Court
regarding the results of the Auction.
Objections, if any, to that part of the relief sought in the Motion
not otherwise approved by the Order, including the Sale of the
Properties free and clear of liens, will be filed with the
Bankruptcy Court by Dec. 8, 2020 at 4:00 p.m.
Within three business days of the entry of the Order, the Debtor
will serve a copy of the Order upon (i) the United States Trustee;
(ii) all creditors listed on its bankruptcy petition and/or that
have filed proofs of claim in its case; (iii) all parties having
requested notices in its case; and (iv) all appropriate taxing
authorities, and file an affidavit evidencing service no later than
the filing of the Sale Declaration.
The Debtor will have the right to cancel or adjourn the Auction in
the event that a plan is confirmed in the case providing for a
refinancing of its secured creditors prior to the date of the
Auction.
The Confirmation of the Second Amended Plan is restored to the
Court's calendar. The Confirmation Hearing is set for Dec. 9, 2020
at 10:30 a.m.
A copy of the Bidding Procedures is available at
https://tinyurl.com/y6lnaul9 from PacerMonitor.com free of charge.
About Cort & Medas Associates
Cort & Medas Associates, LLC sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 19-41313) on March 6,
2019. At the time of the filing, the Debtor was estimated to have
assets and liabilities of between $1 million and $10 million. The
case is assigned to Judge Carla E. Craig. Shafferman & Feldman LLP
is the Debtor's legal counsel.
COSTA HOLLYWOOD: Trustee Taps Yip Associates as Financial Advisor
-----------------------------------------------------------------
Maria Yip, the official administering the Costa Hollywood Property
Owners, LLC Liquidating Trust, received approval from the U.S.
Bankruptcy Court for the Southern District of Florida to retain Yip
Associates as her financial advisor.
The liquidating trustee needs the services of the firm to:
(a) review all financial information of or that relates to the
Debtor, including examining its assets and liabilities;
(b) review and analyze the organizational structure of any
entity of the Debtor, the entity's financial interrelationships
amongst the Debtor, and its principals, affiliates and insiders;
(c) review and analyze transfers to and from the Debtor to
third parties, both pre-petition and post-petition;
(d) attend meetings, conferences, examinations and depositions
with the Debtor, creditors and third parties, if requested;
(e) review the books and records of the Debtor for potential
preference payments, fraudulent transfers or any other matters that
the liquidating trustee may request;
(f) prepare tax returns; and
(g) render any such other assistance in the nature of
advisory, accounting, business valuation or financial consulting as
the liquidating trustee may deem appropriate or necessary.
The hourly rates for financial advisors at Yip Associates are:
Partners $400 - $495
Directors $350
Managers $300
Seniors Associates $245
Associates $195
Paraprofessionals $125
Yip Associate is a "disinterested person" as that term is defined
in Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
Kerry-Ann Rin, CPA, CIRA
Yip Associates
2 S. Biscayne Blvd, Suite 2690
Miami, FL 33131
Tel: 305-569-0550
Fax: 1-888-632-2672
About Costa Hollywood Property Owner
Costa Hollywood Property Owner, LLC --
https://www.costahollywoodresort.com/ -- is a privately held
company in the traveler accommodation industry. It owns and
operates Costa Hollywood Beach Resort, a resort hotel in Hollywood
Beach, Fla. Costa Hollywood Beach Resort offers rooms and suites
featuring an elevated design aesthetic and luxe decor.
Costa Hollywood sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-22483) on Sept.
19,2019. In the petition signed by Moses Bensusan, manager and
sole member, the Debtor disclosed assets of between $50 million and
$100 million and liabilities of the same range.
The Hon. Raymond B. Ray is the case judge. Peter D. Russin, Esq.,
at Meland Russin & Budwick, P.A. serves as the Debtor's bankruptcy
counsel.
DEWIT DAIRY: Proposes Private Sales of Vehicles & Equipment
-----------------------------------------------------------
Dewit Dairy asks the U.S. Bankruptcy Court for the District of
Idaho to authorize the private sales of the vehicles and equipment
listed on the Equipment Appraisal.
The Debtor owns numerous pieces of equipment previously used in its
dairy and operations that are now terminated. Some of the
equipment is currently being used to improve the Debtor's real
property to prepare it for sale. The Debtor's equipment was
recently appraised and the relevant values of the equipment are set
forth in the DeWit Dairy Appraisal, dated Sept. 2, 2020
Based on the evidence of the Debtor's equipment values and the
multitude of equipment to be sold, the Debtor now files the omnibus
motion asking the Court approves sale(s) of the Equipment. It asks
to avoid the administrative expense of having to file multiple
individual motions to sell its equipment as buyers emerge. By
doing so the estate will avoid the corresponding additional costs
and time delays associated with multiple motions.
To date, the Debtor has not received and accepted from any
interested buyer any offer for purchase of equipment. However, it
has been in contact with multiple interested buyers of various
units of the Equipment. The Debtor believes that it will be able
to strategically sell some or all of the Equipment through private
sales that will obtain a higher value for the Property. The Debtor
proposes to market and sell as much of the Equipment through
private sales in an effort to maximize the Property's value. Such
sales will be conducted with good faith purchasers.
The sale price for each unit of the Property will not be less than
100% of the Fair Liquidation Value of each item of equipment as
listed in Equipment Appraisal. In other words, provided the Debtor
sells any piece of equipment for no less than the Liquidation
Value, that sale will be final and not require further specific
court approval. If the Court approves the Motion, closing on the
sale of each piece of Equipment will be held at the convenience of
the parties. The Debtor will file, on a weekly basis, a Report of
Sale for any Equipment sold that week (if no Equipment is sold in a
given week, no report will be filed.)
The Debtor reserves the right to sell the Equipment as individual
transactions or as one transaction if in the best interest of the
creditors. It may also sell the Equipment via auction, if private
sales do not produce willing buyers. In that event, the Debtor
recognizes the need to employ the auctioneer.
The date, time and place of sale are currently unknown. In the
event of a private sale of the Equipment which meets the terms of
the Motion, such sale will be held at the convenience of the
parties without further notice. In the event of a public auction
sale, notice of the date, time and place of sale, will be provided
to all creditors.
The Debtor understands and asserts that at the time of sale of the
equipment there are no valid liens on the Equipment.
The Property will be sold as "is, where is," and without Warranty
of any nature whatsoever, either expressed or implied.
Should the sale of the Equipment as proposed be approved, the
estate will receive and use funds from the sale of Equipment to
fund its cash collateral budget. Any funds received that are not
used for the cash collateral budget will be held in the
Debtor-in-Possession account until applied to the Debtor's Chapter
11 Plan.
The Debtor asks that approval of the sale be effective immediately
and the 14-day stay imposed by Fed. R. Bankr. P 6004(h) and other
rules be waived.
Objections, if any, must be filed within seven days of the date of
the notice.
A copy of the Equipment Appraisal is available at
https://tinyurl.com/y5wxhcy5 from PacerMonitor.com free of charge.
About Dewit Dairy
Dewit Dairy operates a dairy farm in Wendell, Idaho.
Dewit Dairy sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. D. Idaho Case No. 20-40734) on Sept. 18,
2020. At the time of filing, the Debtor was estimated to have
$10,000,001 to $50,000,000 in assets and $1,000,001 to $10,000,000
million in liabilities. Matthew Todd Christensen, Esq., at
Angstman Johnson, PLLC, serves as the Debtor's legal counsel.
DOUBLE EAGLE III: Fitch Assigns B LT IDR, Outlook Positive
----------------------------------------------------------
Fitch Ratings has assigned a first-time Long-Term Issuer Default
Rating (IDR) of 'B' with a Positive Rating Outlook to Double Eagle
III Midco 1 LLC. In addition, Fitch has assigned issue-level
ratings of 'BB-'/'RR2' to Double Eagle's proposed $650 million
senior unsecured notes.
Double Eagle's ratings reflect its core Permian asset base, high
working and net revenue interest resulting from the company's
royalty and mineral interest ownership, competitive cost structure
supported by midstream integration, and healthy hedge coverage
providing near-term liquidity and netback protection. Fitch expects
Double Eagle's growth strategy to result in significant near-term
negative FCF, and entail some execution risk given management's
relatively short development track record and, albeit not a
meaningful near-term target, approximately 30% of identified
drilling inventory is in more prospective Permian formations.
Heightened operational risk is partially offset by the realization
of efficiencies and outperformance of previous cost expectations,
as well as its forecast manageable leverage profile (Fitch base
case projection of sub-1.5x in 2021+).
The Positive Outlook reflects Double Eagle's forecast ability to
realize significant increase in size/scale including production and
PDP wedge expansion, as well as transition and proximity to
positive FCF generation over the next 18-24 months. To resolve the
positive outlook, Fitch would look for the company to demonstrate
the ability to execute on these growth targets and allocate
positive FCF to reduce forecast RBL borrowings, as well as
de-risking the operational profile.
KEY RATING DRIVERS
Core Permian Asset Base: Double Eagle's asset base (approximately
96,500 net acres) in the core of the Midland basin is blocky, with
opportunity for 10,000+ foot laterals across the majority of its
position. The assets are liquids-oriented with 45.8 Mboepd (3Q20)
production 85% liquids, 63% oil. With 3,000 identified locations
and less than 25% of proved reserves producing, Double Eagle
estimates at least 20 years of inventory with high working interest
(10 year with working interest above 90%) and 94% HBP. While Double
Eagle's largely undeveloped asset base offers production growth
opportunity, it is accompanied by relatively higher cash flow
uncertainty given the greater development capital required to
offset natural decline rates and grow the producing portion of the
resource.
Minimal legacy development offers Double Eagle a "blank slate" to
utilize industry learning to optimize development patterning and
completion design across their seven delineated formations. While
the Midland basin is well-developed and relatively delineated,
particularly the Lower Spraberry and Wolfcamp A and B zones, which
offers comfort around expected well results, Fitch believes there
is some execution risk in Double Eagle's assets and pace of growth,
the company's relatively short track record, as well as the
proportion of their more prospective identified locations.
Execution Risk Around Growth Strategy: Fitch expects Double Eagle
to pursue an aggressive growth strategy to increase scale from 45.8
Mboepd in 3Q20 to more than 140 Mboepd by 2023. While the
contemplated bond issuance and recent RBL upsize help provide the
liquidity needed to fund the consequent near-term negative FCF,
Fitch believes there is some execution risk surrounding the
achievement of this growth target. Prior to Double Eagle III,
management's strategy has been to leverage expertise in building
land positions for sale to operators. Over the course of 24 months,
management built a position of approximately 71,000 net acres in
Double Eagle II, maintaining a two-rig program for only about 6
months prior to sale of the assets to Parsley Energy for $2.8
million. Fitch believes management's relatively limited development
track record and sizable capital program introduce meaningful
execution risk to the company's strategy.
Near-Term Negative FCF: As a result of their ambitious growth
strategy, Fitch expects Double Eagle to significantly outspend cash
flow through 2021 before generating substantial positive FCF in
2022 and 2023, as they moderate growth-oriented capex after
attaining size/scale. Following the contemplated transaction, Fitch
expects Double Eagle to have approximately full availability under
their revolver and cash retained on the balance sheet. Fitch
expects the company to fund 3Q20 outspend with cash on hand, given
their credit agreement's anti-cash-hoarding provision. Double
Eagles' ability to tolerate near-term negative FCF is further
supported by their private equity sponsors which have contributed
additional equity of $150 million YTD 3Q20 to de-risk their RBL
facility upsizing. Fitch forecasts that borrowing under the
company's RBL may be as high as approximately $250 million at
YE2022, the first year Fitch expects the company to generate
material positive FCF.
Royalty and Infrastructure Ownership: Double Eagle has
strategically acquired mineral and royalty interests under its
operated footprint as well as invested in infrastructure serving
their operations. Through their subsidiary Eagle Point, Double
Eagle owns approximately 38,200 net royalty acres and continues to
pursue trade opportunities with various counter parties to exchange
royalty acreage outside of their drilling plan for acreage ahead of
the drill bit. The combination of their working interest entity and
Eagle Point brings the total net royalty interest (NRI) to nearly
80%. Fitch expects Double Eagle's royalty and mineral ownership to
support realizations, given higher NRIs.
Double Eagle has built their infrastructure for full-field
development to maximize pace and efficiency and consists of
approximately 118 miles of water pipeline (about 75 miles of SWD
and about 43 miles of supply), over 16Mbbls of storage with 6Mbbls
planned, more than 1Mbbl/d of water supply, over 260,000bbls/d of
operated disposal capacity and recycle facilities underway in
Azalea and Benedum. Fitch believes Double Eagle's infrastructure
investments reduce operational and cash flow volatility while
reducing future capex (freshwater/recycle supply and operational
efficiencies through de-bottlenecking) as well as supporting
netbacks through lower LOE.
Substantial Hedge Book Reduces Price Risk: Double Eagle's hedge
book targets oil production through 2022, with 23.3Mbbl/d,
32.3Mbbl/d and 20.3Mbbl/d of swaps at $53.69/bbl, $46.59/bbl and
$41.66/bbl in 2020, 2021 and 2022, respectively; and 4Mbbl/d
($50/bbl to $58.96/bbl) and 6Mbbl/d ($50/bbl to $55.54/bbl) of
collars in 2020 and 2021, respectively. Fitch expects Double
Eagle's current hedge book to cover 94% of production for the
remainder of 2020, trending down to 67% in 2021 and 30% in 2022,
which should help support the company's liquidity during near-term
planned growth.
Conservative Financial Profile: With Fitch-calculated leverage is
expected to be 1.9x at YE2020, Fitch expects' Double Eagle's
conservative balance sheet to support their aggressive operating
strategy. Fitch believes the company will prioritize of balance
sheet protection, reinforced by demonstrated support by their
private equity sponsors, and management's equity investment in more
than $120 million of equity. Fitch expects further deleveraging as
the company executes on its growth program and commodity prices
recover.
DERIVATION SUMMARY
While lower commodity prices pressured E&P margins in 2Q20, Double
Eagle's (B/Positive; 45.8mboepd 3Q20) core Permian asset base
supported an unhedged netback of $7.10/boe, competitive with much
larger Permian peers Diamondback (FANG; BBB/Stable; 294mboepd) at
$6.90/boe, Parsley (PE; BBB-/RWP; 183mboepd) at $2.90/boe and
Pioneer (PXD; BBB/RWP; 375mboepd) with $9.10/boe; and substantially
higher than more similar-sized peers with significant Canadian
operations, MEG Energy (MEG; B/Stable; 76mboepd) with negative
$21.90/boe and Baytex (BTE, B/Negative, 72.5mboepd) at $4.70/boe.
Double Eagle's robust hedge book provides substantial uplift to
hedged netbacks, doubling results from Permian peers in 2Q20. As
commodity prices have seen modest improvement from 2Q20 lows,
Double Eagle's Fitch-calculated netback has improved to $17.80/boe
(3Q20), consistent with peers. The company's conservative financial
profile results in significantly lower leverage (1.9x, 2020F) than
similarly-rated peers Comstock (CRK, B/Positive, 4.5x, 2020F) and
MEG (4.5x, 2020F), and in-line with investment-grade, Permian peers
FANG (1.8x, 2020F), PE (1.4x, 2020F) and PXD (1.1x, 2020F) and is
expected to trend downward as production growth is realized. Double
Eagle's small size and consequent aggressive growth plans are
expected to result in significant near-term negative FCF while
their peer group has largely transitioned to neutral or positive
FCF.
KEY ASSUMPTIONS
Fitch's Key Assumptions Within the Rating Case for the Issuer
-- WTI prices of $38.00/bbl, $42.00/bbl, $47.00/bbl and
$50.00/bbl in 2020, 2021, 2022 and 2023, respectively;
-- Henry Hub prices of $2.10/mcf, $2.45/mcf, $2.45/mcf and
$2.45/mcf in 2020, 2021, 2022 and 2023, respectively;
-- Completion of the senior unsecured note offering as expected;
-- Capex of $780 million in 2020, increasing thereafter, to
facilitate production growth to approximately 140mboepd by 2023;
-- Near-term negative FCF funded with RBL borrowings, subsequent
positive FCF allocated to pay down RBL borrowings;
-- Moderate opex efficiencies as production size increases,
tempered by increasing service cost environment from recent lows.
RATING SENSITIVITIES
Factors that could, individually or collectively, lead to positive
rating action/upgrade:
-- Greater visibility on and proximity to transition to positive
free cash flow generation;
-- Realization of projected production growth resulting in
average production of 85-100 Mboepd that establishes a more
substantial PDP wedge;
-- De-risking of more prospective inventory while maintaining
inventory life and netback;
-- Total debt with equity credit/operating EBITDA (FFO leverage)
sustained below 2.0x.
Factors that could, individually or collectively, lead to negative
rating action/downgrade:
-- Material departure from current capital allocation and
development program resulting in:
-- Material reduction/delay in transition to positive FCF
generation;
-- Failure to realize production growth resulting in production
sustained below 50 Mboepd;
-- Total debt with equity credit/operating EBITDA (FFO leverage)
sustained above 2.5x.
LIQUIDITY AND DEBT STRUCTURE
Pro forma the contemplated transaction, Double Eagle's debt will
consist of an undrawn first lien RBL ($550 million) due 2023 and
the proposed $650 million senior unsecured bonds. As a result of
the transaction, Double Eagle's liquidity position will be
supported with cash on the balance sheet and full availability
under the RBL to support expected negative FCF. Fitch believes
Double Eagle's liquidity position is comfortable following the
transaction, and considering the forecasted transition to positive
FCF generation in the out years of the ratings case.
KEY RECOVERY RATING ASSUMPTIONS
The recovery analysis assumes that Double Eagle would be
reorganized as a going concern in bankruptcy rather than be
liquidated.
Fitch has assumed a 10% administrative claim.
Going-Concern (GC) Approach
The GC EBITDA estimate reflects Fitch's view of a sustainable,
post-reorganization EBITDA level, upon which Fitch bases the
enterprise valuation, which reflects the decline from current
pricing levels to stressed levels and then a partial recovery
coming out of a troughed pricing environment. Fitch believes that a
lower-for-longer price environment combined with continued
aggressive growth and consequent RBL-funded capital outspend and
liquidity erosion could pose a plausible bankruptcy scenario for
Double Eagle.
An EV multiple of 4.0x EBITDA is applied to the GC EBITDA to
calculate a post-reorganization enterprise value. The choice of
this multiple considered the following factors:
-- The historical bankruptcy case study exit multiples for peer
companies ranged from 2.8x-7.0x, with an average of 5.2x and a
median of 5.4x;
-- The multiple reflects the value of Double Eagle's
high-quality, oil-weighted Midland Permian asset base, as well as
growth opportunity embedded in the bankruptcy scenario, relative to
current expectations.
Liquidation Approach
The liquidation estimate reflects Fitch's view of the value of
balance sheet assets that can be realized in sale or liquidation
processes conducted during a bankruptcy or insolvency proceeding
and distributed to creditors.
Fitch considers valuations such as SEC PV-10 and M&A transactions
for each basin including multiples for production per flowing
barrel, proved reserves valuation, value per acre and value per
drilling location.
RBL is assumed to be fully drawn upon default, given the company's
hedge position as well as Fitch's expectation that production
growth would likely offset the risk of price-linked borrowing base
reduction. The RBL is senior to the unsecured notes in the
waterfall.
The allocation of value in the liability waterfall and its priority
position results in recovery corresponding to 'RR2' for the senior
unsecured notes, consistent with Fitch's Notching and Recovery
Rating Criteria.
REFERENCES FOR SUBSTANTIALLY MATERIAL SOURCE CITED AS KEY DRIVER OF
RATING
The principal sources of information used in the analysis are
described in the Applicable Criteria.
ESG CONSIDERATIONS
Unless otherwise disclosed in this section, the highest level of
ESG credit relevance is a score of '3'. This means ESG issues are
credit-neutral or have only a minimal credit impact on the entity,
either due to their nature or the way in which they are being
managed by the entity.
DOUBLE EAGLE III: Moody's Assigns B2 CFR, Outlook Stable
--------------------------------------------------------
Moody's Investors Service assigned first-time ratings to Double
Eagle III Midco 1 LLC, including a B2 Corporate Family Rating,
B2-PD Probability of Default Rating (PDR) and B3 rating to its
proposed $650 million senior unsecured notes due 2025. The rating
outlook is stable.
Net proceeds from the notes offering will be used to repay Double's
Eagle's existing term loan and borrowings under its revolving
credit facility, and to increase cash liquidity.
Double Eagle is a Midland Basin focused private exploration and
production (E&P) company that produced 45,800 barrels of oil
equivalent per day (boe/d) in the third quarter of 2020 (85%
liquids) and had 317 million boe of reserves as of June 30, 2020
(31% proved developed). The company is wholly owned by DoublePoint
Energy, LLC, which in turn is owned by four private equity firms -
Apollo Global Management, Quantum Energy Partners, Magnetar Capital
and GSO Capital Partners, and management.
"We expect significant volume and cash flow growth through 2021 as
Double Eagle executes it ambitious development plan backed by a
solid hedge book and low initial leverage," stated Sajjad Alam,
Moody's Vice President-Senior Analyst.
Assignments:
Issuer: Double Eagle III Midco 1 LLC
Corporate Family Rating, Assigned B2
Probability of Default Rating, Assigned B2-PD
Senior Unsecured Notes, Assigned B3 (LGD5)
Outlook, Stable
RATINGS RATIONALE
Double Eagle's B2 CFR reflects its modest scale, concentration in
the Midland Basin, high proportion of proved undeveloped reserves,
and aggressive growth plans that will produce significant negative
free cash flow through 2021. The rating also considers the
company's short operating history, relatively high base decline
rate and the accompanying capital intensity, private ownership, and
Moody's expectation of weak oil and natural gas prices through
2021. The B2 CFR is supported by Double Eagle's low leverage owing
to over $1.8 billion of cumulative equity contribution by its
private owners, high-quality oil-weighted assets in one of the top
tier oil-producing basins in North America, a sizeable drilling
inventory with low breakeven costs, significant management
ownership, and very high operatorship (99%) and limited drilling
requirements across its leasehold acreage. Double Eagle should be
able to deliver significant growth even in the low-price
environment by leveraging its high average net revenue interest
compared to most of its peers and significant above-market oil
hedges through 2021.
The stable outlook reflects Moody's view that Double Eagle will
manage growth without adversely impacting its credit metrics
through 2021.
Double Eagle will have adequate liquidity despite its substantial
projected outspending through 2021. The company will have
approximately $100 million of cash and cash equivalents and an
undrawn $550 million borrowing base revolving credit facility
following the proposed debt issuance. Moody's estimates roughly
$400 million of negative free cash flow through 2021 despite a
substantial growth in earnings, because of the company's aggressive
spending plan. Capital spending growth will flatten in 2022
increasing the company's ability to live within operating cash
flow. The company has hedged over 70% of 2021 production at a
weighted average price of $47/bbl that should provide downside
price protection. Double Eagle should also be able to increase its
revolver borrowing base over time as it books more reserves. The
revolver expires on January 22, 2023. Double Eagle is required to
stay under a maximum net leverage ratio of 3.5x and maintain a
minimum current ratio of 1x under the revolver credit agreement,
which the company should be able to comfortably meet through 2021.
The company's alternate liquidity is limited given its oil and gas
assets are largely encumbered.
The proposed senior unsecured notes are rated B3 because of the
priority claim and significant size of the secured revolver in
Double Eagle's capital structure. The secured borrowing base
revolving credit facility has a first-lien over substantially all
of Double Eagle's assets. The proposed notes will have guarantees
from all of Double Eagle's existing subsidiaries on a senior
unsecured basis. Moody's has reviewed preliminary draft legal
documentation for the proposed notes and the assigned ratings
assume that there will be no material variation from the drafts
reviewed.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Double Eagle's ratings could be upgraded if the company further
increases its production and reserves in line with its plans and
generate competitive returns while sustaining low financial
leverage metrics. More specifically, if the company can reasonably
meet its growth targets while lowering the debt/PD reserves ratio
below $8/boe and maintaining a leveraged full-cycle ratio above
1.5x, an upgrade could be considered. The ratings could be
downgraded if the company generates larger than expected negative
free cash flow or if its liquidity deteriorates. The CFR could also
be downgraded if debt/PD reserves rises above $10/boe, the RCF/debt
ratio falls below 30%, or production goes in a sustained decline.
The principal methodology used in these ratings was Independent
Exploration and Production Industry published in May 2017.
Double Eagle III Midco 1 LLC is a Fort Worth, Texas-based private
exploration and production company with primary operations in the
Midland, Upton, Reagan, Glasscock, and Martin counties in the
Midland Basin of West Texas.
DURR MECHANICAL: Marshall Buying Personal Property for $147.3K
--------------------------------------------------------------
Durr Mechanical Construction, Inc., asks the U.S. Bankruptcy Court
for the Southern District of New York to authorize the private sale
of its right, title and interest in the personal property located
at 2395 Route 715, Tannersville, Pennsylvania, pursuant to and as
described more fully in the Purchase and Sale Agreement, to
Marshall Machinery, Inc. for $147,300.
The Debtor's case is a liquidating case and the Debtor is nearly
ready to file its amended disclosure statement and plan, the crux
of such plan being the formation of a liquidating trust to
administer and prosecute its affirmative claims litigations, from
which substantial proceeds will be realized to provide a recovery
to creditors.
The secured creditors (Valley National Bank, HSBC Bank USA,
Fidelity and Deposit Co. of Maryland (Zurich), and the Internal
Revenue Service consent to the proposed Sale and relief sought.
The Debtor is a tenant pursuant to an oral month-to-month lease for
the premises located at 2395 Route 715, Tannersville, Pennsylvania
("Premises"). Pursuant to a favorable, voluntary arrangement with
the landlord of the Premises, the Debtor was allowed to remain at
the Premises until such time as the landlord was in contract to
sell the Premises, and up until the point of the closing on the
sale of the Premises, which has now been scheduled for Dec. 15,
2020.
The Debtor has a multitude of furniture, equipment and three
vehicles at the Premises. Fortunately, it located the Purchaser,
after many months of searching and reaching out to potential
interested buyers for the Property, to purchase all of the Property
at the Premises, which is a tremendous benefit for the estate. The
Purchase Price matched and/or exceeded all prior "soft" offers
received by the Debtor, and such offers were only for partial lots
of the subject Property. Even if these other prior informal offers
had come to fruition, given that they did not include all of the
Property at the Premises, the Debtor would have faced the prospect
of having to store and/or dispose of the substantial remaining
Property, which would have caused the Debtor to incur significant
costs and labor involved in such disposal. Further, the Purchaser
is obligated to leave the Premises "broom-clean," (which the Debtor
was otherwise obligated to perform based upon its arrangement with
the landlord).
Moreover, in October and November 2020, the counsel for the Debtor
and the Debtor communicated with an auctioneer regarding the
potential auction of the Property at the Premises. They were
informed that it would be highly unlikely for a higher price than
the
Purchase Price to be obtained for all of the Property, plus there
were the added benefits with the proposed Sale of the clean- up of
the space and the fact that all of the Property was being purchased
at one time.
With respect to the three vehicles, the auctioneer indicated that
such portion of the purchase price is fair and reasonable, and the
Debtor had also previously investigated values thereof on used
truck local websites. Overall, with the proposed Sale, the estate
would save auctioneer commissions and expenses, the latter of which
might range from $18,000 to $20,000 for labor, marketing and
advertising. Furthermore, an auctioneer would need to be retained,
and proper set up and advertising of an auction would need two
months' lead time.
On Nov. 16, 2020, the Parties executed the Agreement (Exhibit A),
subject to approval of the Court.
As of the filing of the Motion, and in accordance with the
Agreement, the Purchaser has deposited the sum of $14,730, with the
Debtor's counsel. As set forth in the Agreement, in the event of a
default by the Purchaser, the deposit will be retained by the
Debtor as liquidated damages.
The Debtor intends to use the proceeds of the Sale for further
liquidation and cash collateral needs.
Accordingly, the Debtor submits that the overall benefits to its
estate as constituted by the proposed Sale are substantial, and
therefore, the Sale is in its best interests and its estate.
The Purchaser has expressed a desire for the immediate delivery of
the Property after an order approving the Sale. As such, the
Debtor respectfully asks that any order approving the Sale of the
Property include a waiver of the stay under Bankruptcy Rule
6004(h).
A hearing on the Motion is set for Dec. 16, 2020 at 10:00 a.m. The
objection deadline is Dec. 9, 2020.
A copy of the Agreement is available at
https://tinyurl.com/y3z9a5hq from PacerMonitor.com free of charge.
About Durr Mechanical
Durr Mechanical Construction, Inc. -- http://www.durrmech.com/--
is a mechanical contracting company headquartered in New York. It
offers commercial HVAC, scheduling and cost control, BIM drafting,
erecting and setting equipment, process piping, power piping, and
emergency services.
Durr Mechanical Construction filed a voluntary petition for
reorganization under Chapter 11 of Title 11 of the United States
Code (Bankr. S.D.N.Y. Case No. 18-13968) on Dec. 7, 2018. In the
petition signed by Kenneth A. Durr, president, the Debtor was
estimated to have $100 million to $500 million in assets and $50
million to $100 million in liabilities. LaMonica Herbst &
Maniscalco, LLP, led by Michael Thomas Rozea, and Adam P. Wofse,
serves as counsel to the
Debtor.
E.B.J.T. ENTERPRISE: Seeks to Hire Abbasi Law as Counsel
--------------------------------------------------------
E.B.J.T. Enterprise, LLC, seeks authority from the U.S. Bankruptcy
Court for the Central District of California to employ Abbasi Law
Corporation, as counsel to the Debtor.
E.B.J.T. Enterprise requires Abbasi Law to:
a. represent the Debtor at its initial Debtor interview;
b. represent the Debtor in its meeting of creditors pursuant
to the Bankruptcy Code, or any continuance thereof;
c. represent the Debtor at all hearings before the U.S.
Bankruptcy Court involving the Debtor as Debtor-in-
Possession and as recognized by the Debtor;
d. prepare on behalf of the Debtor, as Debtor-in-Possession
all necessary applications, motions, orders, and other
legal papers;
e. advise the Debtor, regarding matters of bankruptcy law,
including the Debtor's rights and remedies with respect to
the Debtor's assets and claims of its creditors;
f. represent the Debtor with regard to all contested matters;
g. represent the Debtor with regard to the preparation of a
disclosure statement and the negotiation, preparation, and
implementation of a plan of reorganization;
h. analyze any secured, priority, or general unsecured claims
that have been filed in the Debtor's bankruptcy case;
i. negotiate with the Debtor's secured and unsecured creditors
regarding the amount and payment of their claims;
j. object to claims as may be appropriate;
k. perform all other legal services for the Debtor as Debtor-
in-Possession as may be necessary, other than adversary
proceedings which would require a further written
agreement;
l. advise the Debtor with respect to its powers and duties as
a Debtor-in-Possession in the continued operation of its
business;
m. provide counseling with respect to the general corporate,
securities, real estate, litigation, environmental, state
regulatory, and other legal matters which may arise during
the pendency of the Chapter 11 case; and
n. perform all other legal services that is desirable and
necessary for the efficient and economic administration of
the Chapter 11 case.
Abbasi Law will be paid at these hourly rates:
Attorneys $400
Paralegals $60
Law Clerks $25
Prior to the commencement of the Chapter 11 case, Abbasi Law
received from the Debtor a retainer in the amount of $7,500, and
$1,717 filing fee.
Abbasi Law will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matthew Abbasi, a partner of Abbasi Law Corporation, assured the
Court that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code and does not
represent any interest adverse to the Debtor and its estates.
Abbasi Law can be reached at:
Matthew Abbasi, Esq.
ABBASI LAW CORPORATION
6320 Canoga Ave., Suite 220
Woodland Hills, CA 91367
Tel: (310) 358-9341
Fax: (888) 709-5448
About E.B.J.T. Enterprise
E.B.J.T. Enterprises, LLC is the owner of fee simple title to
certain property located at 1235 2nd St, Hermosa Beach, CA valued
at $3 million.
E.B.J.T. Enterprises, LLC, based in Pacoima, CA, filed a Chapter 11
petition (Bankr. C.D. Cal. Case No. 20-11776) on Oct. 2, 2020. In
the petition signed by Tracie Carolyn Love, managing member, the
Debtor disclosed $3,000,000 in assets and $2,601,761 in
liabilities. The Hon. Martin R. Barash presides over the case.
ABBASI LAW CORPORATION, serves as bankruptcy counsel.
EXGEN RENEWABLES: S&P Affirms 'B+' ICR; Outlook Stable
------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issuer credit rating on ExGen
Renewables IV LLC (EGR IV). At the same time, S&P affirmed its
'BB-' issue-level rating on EGR IV's $850 million term loan B (TLB)
due in 2024. The recovery rating is unchanged at '2'.
S&P said, "We now assess our ratings on EGR IV under our corporate
methodology. We previously rated EGR IV under the project developer
methodology, which incorporated the weighted-average quality of
distributions from its subsidiaries. Central to the project
developer analysis is our assumption that no single asset
contributes more than 50% of distributions. However, we expect
distributions from Antelope Valley Solar Ranch (AVSR) will exceed
that threshold; therefore, the project developer methodology is no
longer applicable to EGR IV. Our business risk profile of fair and
financial risk profile of highly leveraged are unchanged."
"We forecast run-rate leverage will decline to below 8x after 2022.
We now assess EGR IV's leverage on a partially consolidated basis,
incorporating all debt and EBITDA except that of Renewable Power
Generation LLC (RPG). Previously, we applied a fully deconsolidated
approach. This is because under our project developer methodology
we expect that a parent company will only extend limited support to
its subsidiaries. However, given the dominant share of
distributions from subsidiaries AVSR and Continental Wind, we now
expect that EGR IV will extend significant support to these
investments. Therefore, EGR IV is now rated under S&P Global
Ratings' corporate methodology, and debt and EBITDA from these
subsidiaries are consolidated. As a result, we now expect partially
consolidated EBITDA of about $160 million-$165 million and
weighted-average leverage of about 8.5x in 2021 and 2022."
"EGR IV's structure provides additional strength compared with that
of peers. We believe EGR IV's structure is strong compared with
that of peers, given it is a closed-end portfolio. Therefore, we do
not expect project acquisitions or further debt additions. We
expect that the 75% excess cash sweep will result in leverage
reductions and we also look to that approximately 50%, on a
proportionate basis, is ring-fenced project-level debt at its
subsidiaries. The company further benefits from being almost fully
contracted with long-term power purchase agreements, which provides
further comfort."
EGR IV's performance in 2020 has been affected by equipment supply
issues and wildfires. For the first three quarters of 2020, EGR
IV's total generation is 3,500 gigawatt hours. Notably, generation
at RPG was significantly affected by an equipment supply backlog
when the project transitioned from Suzlon to Vestas turbines. In
addition, AVSR performed below budget in the second and third
quarters as a result of lower solar insolation that was primarily
caused by increased cloud cover and wildfire smoke.
S&P said, "The stable outlook reflects our expectation that EGR
IV's portfolio will operate in line with budget and generate
predictable cash flows to support the company's debt obligations
over our 12-month outlook horizon. Because EGR IV is a fully
contracted closed portfolio of operating renewable assets with
long-term offtake agreements at fixed or escalating prices, the key
exposures are resource risk, operating issues, and
higher-than-expected operating costs. We expect partially
consolidated debt to EBITDA of below 8x and funds from operations
(FFO) to debt of above 8% after 2022."
"We could lower the rating if deleveraging or cash sweeps do not
meet our expectations, the credit quality of any of EGR IV's major
counterparties deteriorates, the company encounters material
operational issues at any of its major assets, or performance lags
our expectations."
"Although unlikely at this time, we could raise the rating during
our 12-month outlook horizon if debt to EBITDA is below 5x under
our assumptions on a sustained basis. This could be a result of
faster-than-expected debt paydown, materially lower-than-forecast
operating costs, or significantly better-than-expected
performance."
FIELDWOOD ENERGY: Jackson Walker Represents Archer Well, 2 Others
-----------------------------------------------------------------
In the Chapter 11 cases of Fieldwood Energy, LLC, et al., the law
firm of Jackson Walker LLP submitted a verified statement under
Rule 2019 of the Federal Rules of Bankruptcy Procedure, to disclose
that it is representing the following creditors:
Archer Well Company and
Archer Oil Tools LLC
5510 Clara Road
Houston, Texas 77041
* Nature of Economic Interests: Unpaid Goods and Services
* Amount of Economic Interests: $147,846.36
Aker Solutions and
Deepsea Quality Consulting Inc.
2103 CityWest Blvd.
Suite 800
Houston, Texas 77042
* Nature of Economic Interests: Unpaid Goods and Services
* Amount of Economic Interests: $1,540,954.05
Valaris and Atlantic Maritime Services, Inc.
5847 San Felipe
Suite 3300
Houston, Texas 77057
* Nature of Economic Interests: Unpaid Goods and Services
* Amount of Economic Interests: $13,314,188.05 (approx.)
Nothing contained in this Verified Statement should be construed as
a limitation upon, or waiver of, any of the herein referenced
creditors' rights to assert, file and/or amend its claim(s) in
accordance with applicable law and any orders entered in this case
that establish procedures for filing proofs of claim.
Each of JW's clients engaged the firm independently of one another,
in order for the firm to represent each such client in the
above-referenced cases and any related proceedings. Each
representation is a separate and distinct lawyer-client
relationship, with separately maintained work product and
attorney-client privileges with respect to each separate client
entity.
JW has advised each of the clients that it represents the others,
and all clients have consented to this arrangement. The clients
together have not formed an individual "Committee" as that term is
used in Bankruptcy Rule 2019.
JW does not hold any claim or interest in respect of the
above-captioned debtors' cases.
The Firm can be reached at:
JACKSON WALKER LLP
Bruce J. Ruzinsky, Esq.
Matthew D. Cavenaugh, Esq.
Cameron A. Secord, Esq.
1401 McKinney Street, Suite 1900
Houston, TX 77010
Tel: (713) 752-4204
Fax: (713) 308-4155
Email: bruzinsky@jw.com
mcavenaugh@jw.com
csecord@jw.com
A copy of the Rule 2019 filing, downloaded from PacerMonitor.com,
is available at https://bit.ly/2J4eKOO
About Fieldwood Energy
Fieldwood Energy is a portfolio company of Riverstone Holdings
focused on acquiring and developing conventional assets, primarily
in the Gulf of Mexico region. It is the largest operator in the
Gulf of Mexico owning an interest in approximately 500 leases
covering over two million gross acres with 1,000 wells and 750
employees. Visit https://www.fieldwoodenergy.com/ for more
information.
Fieldwood Energy and its 13 affiliates previously sought Chapter 11
protection (Bankr. S.D. Texas Lead Case No. 18-30648) on Feb. 15,
2018, with a prepackaged plan that would deleverage $3.286 billion
of funded by $1.626 billion.
On Aug. 3, 2020, Fieldwood Energy and its 13 affiliates again filed
voluntary Chapter 11 petitions (Bankr. S.D. Tex. Lead Case No.
20-33948). Mike Dane, senior vice president and chief financial
officer, signed the petitions.
At the time of the filing, the Debtors disclosed $1 billion to $10
billion in both assets and liabilities.
Judge David R. Jones oversees the cases.
The Debtors have tapped Weil, Gotshal & Manges LLP as their legal
counsel, Houlihan Lokey Capital, Inc. as investment banker, and
AlixPartners, LLP as financial advisor. Prime Clerk LLC is the
claims, noticing and solicitation agent.
The first lien group has employed O'Melveny & Myers LLP as its
legal counsel and Houlihan Lokey Capital, Inc. as its financial
advisor.
The RBL lenders have employed Willkie Farr & Gallagher LLP as their
legal counsel and RPA Advisors, LLC as their financial advisor.
The cross-holder group has tapped Davis Polk & Wardwell LLP as its
legal counsel and PJT Partners LP as its financial advisor.
On Aug. 18, 2020, the Office of the U..S. Trustee appointed a
committee of unsecured creditors. Stroock & Stroock & Lavan, LLP
and Conway MacKenzie, LLC serve as the committee's legal counsel
and financial advisor, respectively.
FLUSHING LANDMARK: Seeks March 4 Plan Exclusivity Extension
-----------------------------------------------------------
Flushing Landmark Realty Mezz LLC requests the U.S. Bankruptcy
Court for the Eastern District of New York to extend the exclusive
periods during which the Debtor may file a Chapter 11 plan and
confirm the plan through and including March 4 and May 2, 2021,
respectively.
The Debtor needs additional time to avoid premature formulation of
a Chapter 11 plan that fails to take into account critical business
and operational factors that are yet to be evaluated by the Debtor.
"We believe that an extension will allow us and our related
entities to evaluate and analyze our businesses to make
determinations regarding a plan of reorganization," the Debtor
says.
The Debtor, along with its Managing Member, is exploring potential
sales of assets that would aid in formulating a confirmable plan
and focusing its energies with its related entities on obtaining
replacement financing which could resolve its debt.
Premature termination of the exclusive periods might force the
Debtor to waste valuable time and efforts combating competing plans
and result in increased administrative expenses.
About Flushing Landmark Realty Mezz
Flushing Landmark Realty Mezz LLC, a Flushing, New York-based
company engaged in the business of constructing and managing real
properties, filed a petition under Chapter 11 of the Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 20-72404) on July 8, 2020. Myint
Kyaw, the Debtor's managing member, signed the petition.
At the time of the filing, the Debtor disclosed estimated assets of
up to $50,000 and estimated liabilities of $10 million to $50
million.
Judge Robert E. Grossman oversees the case. The Debtor tapped
Weinberg, Gross & Pergament LLP, and Macco Law Group, LLP, both as
legal counsel.
FOUNDATION BUILDING: Moody's Reviews B1 CFR for Downgrade
---------------------------------------------------------
Moody's Investors Service placed Foundation Building Materials
Holding Company LLC's ratings on review for downgrade, including
its B1 Corporate Family Rating, B1-PD Probability of Default
Rating, and the B2 rating on Foundation's senior secured term loan
due 2025. The review follows an announcement that an affiliate of
American Securities LLC, a private equity firm, will acquire all
outstanding shares of Foundation for $19.25 per share in an
all-cash transaction valued at approximately $1.37 billion,
including outstanding debt. The SGL-3 Speculative Grade Liquidity
Rating is maintained.
"American Securities' acquisition of Foundation will likely lead to
more debt being added to Foundation's balance sheet that may result
weaker key credit metrics," according to Peter Doyle, a Moody's
VP-Senior Analyst.
Moody's review will consider the impact of the resulting capital
structure from the American Securities' proposed buyout of
Foundation's and the resulting impact on key credit metrics.
Moody's will also analyze Foundation's deleveraging strategy and
resulting liquidity profile.
The following ratings/assessments are affected by the actions:
On Review for Downgrade:
Issuer: Foundation Building Materials Hldg Co LLC
Corporate Family Rating, Placed on Review for Downgrade, currently
B1
Probability of Default Rating, Placed on Review for Downgrade,
currently B1-PD
Senior Secured Bank Credit Facility, Placed on Review for
Downgrade, currently B2 (LGD4)
Outlook Actions:
Issuer: Foundation Building Materials Hldg Co LLC
Outlook, Changed to Rating Under Review from Stable
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
Foundations' current B1 CFR reflects Moody's expectation that key
credit metrics will remain reasonable, such as adjusted debt-to-LTM
EBITDA below 4.0x at year-end 2020. Foundation has good
availability under its revolving credit facility and no near-term
maturities. Positive end-market dynamics for the construction
industry further support the current rating. However, Foundation's
product mix is reliant on commodity-like products and the company
operates in very competitive markets, which are significant credit
risks.
Foundation's SGL-3 Speculative Grade Liquidity Rating reflects
Moody's view the company will maintain an adequate liquidity
profile over the next twelve to 18 months. Foundation usually has
negative cash from operations in its first fiscal quarter due to
seasonality but generates most of its cash from operations in its
fourth quarter. Cash on hand is minimal. Revolver availability is
more than sufficient to meet any potential shortfall in operating
cash flow due to seasonal demands.
Foundation Building Materials, Inc., headquartered in Santa Ana,
California, is a national building materials distributor of
wallboard, suspended ceilings systems, metal framing, insulation
and other material. The company derived 81% of its 2019 revenue
from non-residential construction.
The principal methodology used in these ratings was Distribution &
Supply Chain Services Industry published in June 2018.
FRONTIER COMMUNICATIONS: Moody's Affirms B3 CFR, Outlook Stable
---------------------------------------------------------------
Moody's Investors Service affirmed Frontier Communications
Corporation's (New) B3 corporate family rating (CFR), B3-PD
probability of default rating, B3 rating on its upsized first lien
debtor-in-possession-to-exit (DIP-to-Exit) term loan and B3 rating
on its first lien DIP-to-Exit secured notes. The outlook is
stable.
The rating affirmations reflect Frontier's proposed $500 million
add-on to its existing first lien DIP-to-Exit term loan (Add-on
Term Loan) and the company's expected later issuance of $1.8
billion of other first lien DIP-to-Exit secured debt and $1 billion
of other second lien DIP-to-Exit secured debt (Follow-on Debt
Issuance) for a total expected debt raise of $3.3 billion.
Aggregate net proceeds from this debt raise will be used to
refinance Frontier's existing $1.694 billion prepetition term loan
B and existing $1.6 billion prepetition 8.5% second lien notes due
2026. Concurrent with the issuance of this Add-on Term Loan and
Follow-on Debt Issuance, Frontier is also pursuing an amendment to
its existing $625 million first lien DIP-to-Exit revolving credit
facility (unrated) that will extend the existing three-year
maturity by one year to four years from the date of the company's
emergence from bankruptcy. The company's first lien
debtor-in-possession-to-exit financings (DIP-to-Exit financings)
are currently comprised of an existing $500 million first lien
DIP-to-Exit term loan (which increases to $1 billion pro forma for
the Add-on Term Loan) and $1.15 billion of first lien DIP-to-Exit
secured notes.
Moody's existing ratings only apply to the post-bankruptcy exit
portion of the company's first lien DIP-to-Exit financings,
including the Add-on Term Loan. Moody's does not and has not rated
the initial debtor-in-possession portion of Frontier's first lien
DIP-to-Exit financings while the company remains in bankruptcy.
On August 27, 2020 the US Bankruptcy Court for the Southern
District of New York confirmed Frontier's plan of reorganization.
The company expects to complete its financial restructuring process
and emerge from Chapter 11 bankruptcy protection sometime in early
2021 (Bankruptcy Exit). The Bankruptcy Exit date is uncertain due
to the need to obtain remaining regulatory approvals. Upon
emergence the company will reduce its prepetition senior unsecured
funded debt by approximately $11 billion and annual interest
expense by approximately $1 billion. Prepetition holders of the
company's senior unsecured debt will receive new common stock and
$750 million of takeback debt (unrated). Given the company's
anticipated repayment of its prepetition second lien notes prior to
Bankruptcy Exit, Moody's expects that this takeback debt will be in
the form of junior lien notes. The ratings on the company's first
lien DIP-to-Exit financings are not expected to be impacted by the
final form of the takeback debt. Frontier's first lien DIP-to-Exit
financings, pro forma for the Add-on Term Loan and other first lien
DIP-to-Exit secured debt associated with the Follow-on Debt
Issuance, and existing $625 million first lien DIP-to-Exit
revolving credit facility (unrated) are pari passu. An existing
$850 million prepetition revolving credit facility ($749 million
drawn as of June 30, 2020) was fully paid down on September 17,
2020 using a portion of $2.29 billion of existing balance sheet
cash (as of June 30, 2020). Pro forma for the Follow-on Debt
Issuance and the Add-on Term Loan, Frontier's only remaining
outstanding prepetition debt will be $856 million of various
unsecured notes held at the company's operating subsidiary levels
which are unrated. Initially, the borrower under the first lien
DIP-to-Exit revolving credit facility, first lien DIP-to-Exit
financings (including the Add-on Term Loan) and Follow-on Debt
Issuance will be Frontier Communications Corporation as debtor in
possession. After conversion of the first lien DIP-to-Exit
revolving credit facility, first lien DIP-to-Exit financings
(including the Add-on Term Loan) and Follow-on Debt Issuance to
actual exit financings at Bankruptcy Exit, the borrower will be a
new domestic entity that succeeds to the business and operations of
Frontier Communications Corporation as debtor in possession
pursuant to the plan of reorganization. While the company has
stated in public filings that it intends to remain a
publicly-traded company at Bankruptcy Exit through the public
listing of new common stock issued to unsecured debtholders
pursuant to the plan of reorganization, Moody's notes that no
official decision has yet been made regarding this matter.
Moody's existing ratings are contingent upon Frontier's emergence
from bankruptcy consistent with the terms of the August 27, 2020
confirmation order and are subject to change based on the company's
performance during bankruptcy.
Affirmations:
Issuer: Frontier Communications Corporation (NEW)
Probability of Default Rating, Affirmed B3-PD
Corporate Family Rating, Affirmed B3
Senior Secured Bank Credit Facility, Affirmed B3 (LGD4)
Senior Secured Regular Bond/Debenture, Affirmed B3 (LGD4)
Outlook Actions:
Issuer: Frontier Communications Corporation (NEW)
Outlook, Remains Stable
RATINGS RATIONALE
Frontier's B3 CFR rating reflects the high execution risks
post-bankruptcy of the company's modernization plan across its
operating segments to reverse continuing revenue and EBITDA
declines. Moody's expects revenue and EBITDA contraction will be in
excess of Frontier's rated peers through at least year-end 2022;
this applies even on a pro forma basis that excludes the company's
northwest US operations sold on May 1, 2020. Moody's believes
Frontier's bottoms-up designed modernization plan is likely still
evolving, but now expects stepped-up capital investments through
2028 with capital intensity peaking in 2022. Underscoring the
upfront nature and immensity of its turnaround effort the company
plans almost $7 billion of total capital spending for the five-year
period from 2020 to 2024, a portion of which will target the
conversion of 2.9 million homes out of the 11 million copper homes
currently passed to fiber passings. This substantial effort will
target multiple states across Frontier's footprint for network
upgrades, with a focus on the larger markets in Connecticut,
California, Texas and Florida.
As Frontier has historically endured high new customer churn, a
critical element of the company's success-based investing stage --
the extending of upgraded fiber networks laterally to new customer
homes -- is dependent upon effective customer targeting to better
achieve economic paybacks and longer and higher value customer
relationships. The modernization plan will need to incorporate
significantly improved customer care efficiencies to proactively
reduce churn, enhanced sales force capabilities and productivity
and reduced operational costs, including field costs. Despite a
reduced debt load after its emergence from bankruptcy, Frontier
will continue to operate at a competitive disadvantage versus
cable, fiber overbuilder and wireless competitors in the bulk of
its market footprint until meaningful network upgrades bolster its
value proposition. Evidence of good execution on this metric will
be steady market share expansion followed by sustained revenue and
EBITDA growth. Until then, Frontier's broadband speeds and
competitive value proposition to both consumer and commercial
customers is largely limited by a legacy copper network spanning
almost 80% of 14 million broadband-capable homes passed in its
25-state footprint, which includes 3 million fiber home passings
and 1.2 million fiber broadband subscribers. Frontier also faces
continued steady top line and margin pressures in its commercial
and wholesale business segments, which comprise about 50% of
overall revenue.
Post-bankruptcy operational enhancements include new leadership,
consultant hires, sales force and account management structural
changes and a greater prioritizing of strategic product offerings.
While strengthened financial flexibility post-bankruptcy will
afford Frontier a longer turnaround runway than it had
pre-bankruptcy, strengthening its existing core business will
require deft operational skills in the face of high single-digit
revenue declines accompanied by strong EBITDA pressures through at
least 2022. The company's debt leverage (Moody's adjusted) will
increase from projected lower levels at Bankruptcy Exit of around
3x to nearer 4x by year-end 2022, which only heightens the need for
steady and timely strategic execution success.
Post-bankruptcy, Frontier's financial policy includes a long term,
sustainable net leverage target (company defined) of under 3x, the
prioritization of reinvestment of discretionary cash flow into its
business versus shareholder friendly actions and potential asset
optimizations through non-core dispositions, but such potential
optimizations would not be anticipated until the later years of the
current modernization plan.
The instrument ratings reflect the probability of default of
Frontier, as reflected in the B3-PD probability of default rating,
an average expected family recovery rate of 50% at default, and the
loss given default (LGD) assessment of the debt instruments in the
capital structure based on a priority of claims. The upsized first
lien DIP-to-Exit term loan and first lien DIP-to-Exit secured notes
are rated B3 (LGD4), in line with the B3 CFR, reflecting the
benefits from a first lien pledge of stock of certain subsidiaries
of Frontier which represent approximately 90% of Frontier's total
EBITDA and 80% of Frontier's total assets, and guarantees from a
subset of these subsidiaries (although the guarantor details are
not disclosed). Based on a priority of claim waterfall, Moody's
ranks the first lien DIP-to-Exit revolving credit facility, first
lien DIP-to-Exit financings (including the Add-on Term Loan) and
currently existing prepetition first lien term loan B behind
structurally senior debt issued by various operating subsidiaries
as well as pension and trade payables of subsidiaries. The first
lien DIP-to-Exit revolving credit facility, first lien DIP-to-Exit
financings (including the Add-on Term Loan) and existing
prepetition first lien term loan B are ranked ahead of the
currently existing prepetition second lien notes (unrated) and
expected takeback debt (unrated) at Bankruptcy Exit.
Moody's views Frontier's liquidity as good. At Bankruptcy Exit
Moody's expects the company to have $150 million in unrestricted
cash and cash equivalents and full borrowing capacity availability
on its $625 million first lien DIP-to-Exit revolving credit
facility. Reduced prepetition interest helps support moderate free
cash flow generation in 2021 but Moody's expects free cash flow to
be around negative $350 million in 2022 due to stepped-up capital
spending and contracting revenue over the next several years. The
company is expected to have high capital spending (Moody's
adjusted) of approximately $1.3 billion in 2021 and $1.7 billion in
2022. Moody's expects the company will need to draw down on a
portion of its revolver by year-end 2022 as a result of its
front-loaded capital spending ambitions. As there is a high level
of uncertainty regarding Frontier's ability to deliver sustained
operational improvements through network investment, any shortfalls
in expectations for future free cash flow generation would limit
financial flexibility and likely impair the company's ability to
maintain its planned pace of network upgrades. Post-bankruptcy,
prepetition unsecured debt holders will have the bulk of economic
and voting control over Frontier's strategic decisions as its
modernization plan is implemented.
The stable outlook reflects Moody's expectations over the next
12-18 months for continuing high single-digit revenue and EBITDA
declines, slightly decreasing EBITDA margins, moderate but slightly
increasing debt/EBITDA (Moody's adjusted) and moderate free cash
flow generation initially. Good liquidity and the company's ability
to smooth out early peaks in planned discretionary capital spending
further supports the stable outlook.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Given the company's current competitive positioning, network
upgrade execution risks and uncertainties regarding share growth
traction across its end markets, upward pressure is limited but
could develop should Frontier's free cash flow to debt (Moody's
adjusted) track towards mid-single-digit levels as a percentage of
Moody's adjusted debt on a sustainable basis. An upgrade would also
require steady market share capture gains across the company's
network footprint in both consumer and commercial end markets over
several years, consolidated revenue and EBITDA growth and
maintenance of a good liquidity profile.
Downward pressure on the rating could arise should the company's
liquidity deteriorate or should execution of its share capture and
growth strategy materially stall or weaken.
The principal methodology used in these ratings was
Telecommunications Service Providers published in January 2017.
Frontier is an Incumbent Local Exchange Carrier (ILEC)
headquartered in Norwalk, CT and the fourth largest wireline
telecommunications company in the US. Frontier generated $6.7
billion of revenue in the last 12 months ended Sept. 30, 2020,
which excludes revenue from northwest operations sold in May 2020.
FRONTIER COMMUNICATIONS: S&P Assigns 'B+' Rating to 1st-Lien Notes
------------------------------------------------------------------
S&P Global Ratings assigned its preliminary 'B+' issue-level rating
and '1' recovery rating to U.S.-based telecommunications provider
Frontier Communications Corp.'s proposed $1.8 billion
debtor-in-possession (DIP)-to-exit first-lien notes due 2028. The
'1' recovery rating indicated its expectation for very high
(90%-100%; rounded estimate: 90%) recovery in the event of a
payment default.
At the same time, S&P assigned its preliminary 'CCC+' issue-level
rating and '5' recovery rating to the company's proposed $1.0
billion DIP-to-exit second-lien notes due 2029. The '5' recovery
rating indicates S&P's expectation for modest (10%-30%; rounded
estimate: 20%) recovery in the event of a payment default.
The company will use the proceeds from these issuances, along with
$500 million of tack-on debt to its existing $500 million
DIP-to-exit term loan B, to repay its $1.7 billion prepetition
senior secured term loan B and $1.6 billion prepetition second-lien
notes and pay related fees and expenses.
The transaction will shift about $600 million of Frontier's
second-lien debt to first-lien debt, which will reduce the recovery
prospects for the holders of both the first- and second-lien debt
because of the higher amount of first-lien debt outstanding and the
lower amount of pledged value available to the second-lien
creditors.
S&P said, "Therefore, we expect to revise our rounded recovery
estimates for the remaining first-lien debt issues to about 90%
once the transaction is complete. We also plan to withdraw our
ratings on the prepetition debt, including our preliminary 'B'
issue-level rating and '4' recovery rating on the existing
second-lien notes, once it is repaid."
"The transaction is leverage neutral and does not affect our
preliminary 'B-' issuer credit rating and stable outlook on
Frontier. Still, the refinancing will reduce the company's interest
costs and extend its debt maturity runway. We assume Frontier
emerges from Chapter 11 bankruptcy in early 2021 under the terms of
its reorganization plan following the receipt of the remaining
state regulatory approvals. However, if the terms on which the
company emerges are substantially different from our assumptions,
we reserve the right to withdraw or amend our ratings on
Frontier."
"Following its emergence from bankruptcy in 2021, we expect the
company's adjusted debt to EBITDA to be in the mid-3x area
(compared with about 6x pre-bankruptcy) before increasing to about
4x in 2022 and remaining at that level over the longer term.
Despite its reduced debt burden, we believe Frontier will be
challenged to improve its leverage over the next couple of years
because of earnings declines on lower voice, video, and
copper-based broadband revenue and negative free operating cash
flow due to increased network investments."
FRUTTA BOWLS: Trustee Selling Substantially All Assets for $400K
----------------------------------------------------------------
Andrea Dobin, the Chapter 11 Trustee of Frutta Bowls Franchising,
LLC, filed with the U.S. Bankruptcy Court for the District of
Jersey a notice of her proposed sale of substantially all assets to
Frutta Bowls Franchisor, LLC or its designee for $400,000, subject
to overbid.
A hearing on the Motion is set for Dec. 17, 2020, at 10:00 a.m.
The Trustee proposes to sell the Assets "as is, where is," free and
clear of all liens, claims, interests and encumbrances.
Upon execution of the Agreement, the Buyer provides the Trustee
with a $10,000 deposit for the Assets, made payable to McManimon,
Scotland, & Baumann, LLC - Attorney Trust Account. The Agreement
provides for an Expense Reimbursement not to exceed $20,000.
The closing of the sale will take place within five days after the
closing conditions are satisfied. The parties' target closing date
is Dec. 30, 2020.
The transaction will be free from transfer taxes, or the Seller
will ask such relief if transfer taxes are applicable.
The Trustee asks waiver of the 14-day stay provided by Fed. R.
Bankr. P. 6004(h).
A copy of the Agreement is available at
https://tinyurl.com/yxncwnyt from PacerMonitor.com free of charge.
About Frutta Bowls Franchising
Frutta Bowls Franchising is a fast-casual franchise committed to
becoming an active lifestyle brand within every local community.
Frutta Bowls filed a voluntary Chapter 11 petition (Bankr. D.N.J.
Case No. 19-13230) on Feb. 15, 2019, listing under $1 million in
both assets and liabilities.
The case is assigned to Judge Michael B. Kaplan.
Spadea Lignana is the Debtor's counsel.
A committee of unsecured creditors was appointed in the Debtor's
case. Porzio, Bromberg & Newman, P.C., is the committee's counsel.
GARBANZO MEDITERRANEAN: Hires CBIZ Inc. as Accountant
-----------------------------------------------------
Garbanzo Mediterranean Grill, LLC, and its debtor-affiliates, seek
authority from the U.S. Bankruptcy Court for the Eastern District
of Missouri to employ CBIZ, Inc., as accountant to the Debtors.
Garbanzo Mediterranean requires CBIZ, Inc. to:
a) assist in the preparation of Debtors' tax returns;
b) evaluate the advisability of making certain bankruptcy
elections under the Internal Revenue Code; and
c) perform such other accounting and tax services as are
normally provided by accounting and tax professionals to
debtors in a bankruptcy case.
CBIZ, Inc., will be paid at the hourly rates of $90 to $450.
CBIZ, Inc., will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Seth Leibson, partner of CBIZ, Inc., assured the Court that the
firm is a "disinterested person" as the term is defined in Section
101(14) of the Bankruptcy Code and does not represent any interest
adverse to the Debtor and its estates.
CBIZ, Inc. can be reached at:
Seth Leibson
CBIZ, Inc.
700 West 47th Street, Suite 1100
Kansas City, MO 64112
Tel: (816) 945-5536
About Garbanzo Mediterranean Grill
Garbanzo Mediterranean Grill, LLC and its affiliates, Garbanzo
Mediterranean Fresh, LLC, Garbanzo Mediterranean Fresh Missouri,
LLC and Garbanzo Mediterranean Grill Franchising, LLC, operate a
chain of fast food restaurants offering Mediterranean cuisine.
On Aug. 12, 2020, Garbanzo Mediterranean Grill and its affiliates
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
E.D. Mo. Case No. 20-43963). Barry Levine, manager, signed the
petitions.
At the time of the filing, Garbanzo Mediterranean Grill had
estimated assets of between $1 million and $10 million and
liabilities of between $10 million and $50 million; Garbanzo
Mediterranean Grill Franchising had estimated assets of between
$100,000 and $500,000 and liabilities of between $50,000 and
$100,000; Garbanzo Mediterranean Fresh had estimated assets of
between $500,000 and $1 million and liabilities of less than
$50,000; and Garbanzo Mediterranean Fresh Missouri had estimated
assets of less than $50,000 and liabilities of between $100,000 and
$500,000. Judge Barry S. Schermer oversees the cases. Carmody
MacDonald P.C. is the Debtors' legal counsel. Lexagon, LLC, as
special counsel.
GARBANZO MEDITERRANEAN: Hires Lexagon as Special Counsel
--------------------------------------------------------
Garbanzo Mediterranean Grill, LLC, and its debtor-affiliates seek
authority from the U.S. Bankruptcy Court for the Eastern District
of Missouri to employ Lexagon, LLC, as special counsel to the
Debtors.
Garbanzo Mediterranean requires Lexagon, LLC to provide renewal
services, transactional support services and general advice
services related to, among other things, Debtors’ franchise
business.
The Firm's monthly flat fee for this engagement will be $2,850, and
hourly rates will range from $150 to $450.
Jenni Wisniewski, partner of Lexagon, LLC, assured the Court that
the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code and does not represent any
interest adverse to the Debtor and its estates.
Lexagon, LLC can be reached at:
Jenni Wisniewski, Esq.
LEXAGON LLC
6550 E. 6th Ave. Pkwy 6550
Denver CO 80209
About Garbanzo Mediterranean Grill
Garbanzo Mediterranean Grill, LLC and its affiliates, Garbanzo
Mediterranean Fresh, LLC, Garbanzo Mediterranean Fresh Missouri,
LLC and Garbanzo Mediterranean Grill Franchising, LLC, operate a
chain of fast food restaurants offering Mediterranean cuisine.
On Aug. 12, 2020, Garbanzo Mediterranean Grill and its affiliates
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
E.D. Mo. Case No. 20-43963). Barry Levine, manager, signed the
petitions.
At the time of the filing, Garbanzo Mediterranean Grill had
estimated assets of between $1 million and $10 million and
liabilities of between $10 million and $50 million; Garbanzo
Mediterranean Grill Franchising had estimated assets of between
$100,000 and $500,000 and liabilities of between $50,000 and
$100,000; Garbanzo Mediterranean Fresh had estimated assets of
between $500,000 and $1 million and liabilities of less than
$50,000; and Garbanzo Mediterranean Fresh Missouri had estimated
assets of less than $50,000 and liabilities of between $100,000 and
$500,000.
Judge Barry S. Schermer oversees the cases. Carmody MacDonald P.C.
is Debtors' legal counsel. Lexagon, LLC, as special counsel.
GAUCHO GROUP: Posts $1.1 Million Net Loss in Third Quarter
----------------------------------------------------------
Gaucho Group Holdings, Inc. filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
attributable to common stockholders of $1.08 million on $60,228 of
sales for the three months ended Sept. 30, 2020, compared to a net
loss attributable to common stockholders of $1.50 million on
$231,231 of sales for the three months ended Sept. 30, 2019.
For the nine months ended Sept. 30, 2020, the Company reported a
net loss attributable to common stockholders of $4.15 million on
$474,546 of sales compared to a net loss attributable to common
stockholders of $5.20 million on $940,459 of sales for the same
period a year ago.
As of Sept. 30, 2020, the Company had $6.88 million in total
assets, $7.37 million in total liabilities, $9.01 million in Series
B convertible redeemable preferred stock, and a total stockholders'
deficiency of $9.50 million.
As of Sept. 30, 2020, the Company had cash of $1,210,668 and a
working capital deficit of $3,451,820. The Company has an
accumulated deficit of $91,493,980 at Sept. 30, 2020. Further, as
of Sept. 30, 2020, principal and interest in the amount of
$1,270,354 and $573,150, respectively, owed in connection with the
Company's debt obligations are past due and are payable on demand,
principal and interest in the amount of $1,955,389 and $50,686 owed
in connection with the Company's convertible debt matures on
Dec. 31, 2020, and $643,092 represents the current portion of the
Company's loans payable which are payable on demand or for which
payments are due within twelve months after Sept. 30, 2020. During
the nine months ended Sept. 30, 2020 the Company funded its
operations with the proceeds of debt and equity financing of
$5,353,717.
"Based upon projected revenues and expenses, the Company believes
that it may not have sufficient funds to operate for the next
twelve months from the date these financial statements are issued.
Further, while the Company plans to extend its current deadline to
uplist to NASDAQ, should that effort not be successful, the Company
would be required, on December 31, 2020, to redeem all Series B
Shares that have not been previously converted to common stock.
The cost to redeem these shares would likely have a material
adverse effect on the Company's financial position and would likely
require either the liquidation of certain Company assets or an
effort to raise new equity or debt financing. Whether the Company
would be able to consummate any such transaction, should it need to
do so, on economically beneficial terms or otherwise, cannot be
presently known. The aforementioned factors raise substantial
doubt about the Company's ability to continue as a going concern,"
Gaucho Group said.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1559998/000149315220021734/form10-q.htm
About Gaucho Group
Headquartered in New York, NY, Gaucho Group Holdings, Inc. --
http://www.algodongroup.com-- was incorporated on April 5, 1999.
Effective Oct. 1, 2018, the Company changed its name from Algodon
Wines & Luxury Development, Inc. to Algodon Group, Inc., and
effective March 11, 2019, the Company changed its name from Algodon
Group, Inc. to Gaucho Group Holdings, Inc. Through its
wholly-owned subsidiaries, GGH invests in, develops and operates
real estate projects in Argentina. GGH operates a hotel, golf and
tennis resort, vineyard and producing winery in addition to
developing residential lots located near the resort. In 2016, GGH
formed a new subsidiary and in 2018, established an e-commerce
platform for the manufacture and sale of high-end fashion and
accessories. The activities in Argentina are conducted through its
operating entities: InvestProperty Group, LLC, Algodon Global
Properties, LLC, The Algodon - Recoleta S.R.L, Algodon Properties
II S.R.L., and Algodon Wine Estates S.R.L. Algodon distributes its
wines in Europe through its United Kingdom entity, Algodon Europe,
LTD.
Gaucho Group reported a net loss attributable to common
stockholders of $7.38 million for the year ended Dec. 31, 2019,
compared to a net loss attributable to common stockholders of $6.40
million for the year ended Dec. 31, 2018. As of March 31, 2020, the
Company had $5.98 million in total liabilities, $7.05 million in
total liabilities, $9.02 million in series B convertible redeemable
preferred stock, and a total stockholders' deficiency of $10.09
million. As of June 30, 2020, the Company had $5.62 million in
total assets, $7.82 million in total liabilities, $9.01 million in
series B convertible redeemable preferred stock, and a total
stockholders' deficiency of $11.20 million.
Marcum LLP, in New York, the Company's auditor since 2013, issued a
"going concern" qualification in its report dated March 30, 2020
citing that the Company has a significant working capital
deficiency, has incurred significant losses and needs to raise
additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
GRAVITY HOLDINGS: Hires Thomas R. Willson as Counsel
----------------------------------------------------
Gravity Holdings, Inc., seeks authority from the U.S. Bankruptcy
Court for the Western District of Louisiana to employ Thomas R.
Willson, as counsel to the Debtor.
Gravity Holdings requires Thomas R. Willson to:
-- give the Debtor legal advice with respect to the Debtor's
power and duties as debtor-in-possession in the continued
operation of the Debtor's business and management to the
Debtor's property; and
-- perform all legal services for the debtor-in-possession
which may be necessary herein.
Thomas R. Willson will be paid based upon its normal and usual
hourly billing rates. The firm will also be reimbursed for
reasonable out-of-pocket expenses incurred.
Thomas R. Willson assured the Court that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code and does not represent any interest adverse to
the Debtor and its estates.
Thomas R. Willson can be reached at:
Thomas R. Willson, Esq.
Attorney At Law
1330 Jackson Street
Alexandria, LA 71301
Tel: (318) 442-8658
Fax: (318) 442-9637
About Gravity Holdings, Inc.
Gravity Holdings, Inc., based in Elmer, LA, filed a Chapter 11
petition (Bankr. W.D. La. Case No. 20-80549) on November 11, 20.
The Hon. Stephen D. Wheelis _ presides over the case. Thomas R.
Willson, Esq., serves as bankruptcy counsel.
In its petition, the Debtor estimated $72,080 in assets and
$2,077,503 in liabilities. The petition was signed by David
Blumenstock, president-secretary.
GUITAR CENTER: S&P Lowers ICR to 'D' on Missed Interest Payments
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S.-based
Guitar Center Inc. to 'D' from 'CCC-'. At the same time, S&P
lowered all of its issue-level ratings on the company's debt to
'D'.
The downgrade follows Guitar Center's announcement that it has
entered into a restructuring support agreement (RSA), through which
S&P expect it to file for reorganization under Chapter 11 of the
U.S. Bankruptcy code.
S&P said, "We also note that the company missed its interest
payments due Oct. 15, 2020, following the expiration of the 30-day
grace period. Therefore, we consider the company's debt instruments
to be in default and anticipate a generalized default given its
intention to file for bankruptcy before the end of the year."
Through its bankruptcy, Guitar Center intends to materially reduce
its debt by roughly $800 million, receive a new $165 million equity
injection, and raise $335 million of new senior secured notes. In
addition, the company plans to have $375 million in
debtor-in-possession financing to provide it with near-term
liquidity. Guitar Center will continue to operate its retail
locations through the restructuring process.
HD SUPPLY: Moody's Reviews Ba1 CFR for Upgrade on Home Depot Deal
-----------------------------------------------------------------
Moody's Investors Service placed HD Supply, Inc.'s ratings on
review for upgrade including its Ba1 Corporate Family Rating,
Ba1-PD Probability of Default Rating, the Ba1 rating on HDS' senior
secured term loan due 2023, and the Ba2 rating on the company's
senior unsecured notes due 2026. The review follows an announcement
that The Home Depot, Inc. (A2 stable) is acquiring all the
outstanding shares of HDS for $56.00 per share. The SGL-1
Speculative Grade Liquidity Rating is maintained.
"The Home Depot acquisition of HD Supply will result in HD Supply
benefitting from being part of a much larger company with
significantly better credit metrics," according to Peter Doyle, a
Moody's VP-Senior Analyst.
Moody's review will consider Home Depot's plans for HDS' existing
debt. However, Moody's believes that HDS' existing debt will likely
be repaid, since Home Depot's cost of capital is much more
favorable. Should the debt be repaid, Moody's would withdraw all of
HDS' ratings.
The following ratings are affected by the actions:
On Review for Upgrade:
Issuer: HD Supply, Inc.
Probability of Default Rating, Placed on Review for Upgrade,
currently Ba1-PD
Corporate Family Rating, Placed on Review for Upgrade, currently
Ba1
Senior Secured Bank Credit Facility, Placed on Review for Upgrade,
currently Ba1 (LGD3)
Senior Unsecured Regular Bond/Debenture, Placed on Review for
Upgrade, currently Ba2 (LGD5)
Outlook Actions:
Issuer: HD Supply, Inc.
Outlook, Changed to Rating Under Review from Negative
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
HD Supply's current Ba1 CFR reflects Moody's expectation of ongoing
healthy operating performance, with an operating margin at about
10.6% through 2020 and sound credit metrics, such as adjusted
debt-to-LTM EBITDA of 3.0x at fiscal year-end 2020 (on or about
January 31, 2021). A very good liquidity profile further supports
HDS' credit profile. However, HDS' end markets are under pressure
due to the coronavirus outbreak and related economic concerns. HDS'
product mix is reliant on commodity-like products and the company
operates in very competitive market, which are significant credit
risks.
HDS' SGL-1 Speculative Grade Liquidity Rating reflects Moody's view
that the company will maintain a very good liquidity profile over
the next year. Moody's projects HDS will generate about $420
million of free cash flow for fiscal year 2020. HDS usually
generates the lowest level of cash from operations in its first
fiscal quarter due to seasonality but generates most of its cash
from operations in its fourth quarter. HDS has no significant
maturities over the next 12 months. Further supporting the
company's liquidity profile is cash on hand and ample revolver
availability.
HD Supply, Inc., headquartered in Atlanta, Georgia, is one of the
largest North American industrial distributors of products and
services for maintenance, repair and operations, and specialty
construction.
The principal methodology used in these ratings was Distribution &
Supply Chain Services Industry published in June 2018.
INNOVATION PHARMACEUTICALS: Incurs $1.17M Net Loss in 1st Quarter
-----------------------------------------------------------------
Innovation Pharmaceuticals Inc. filed with the Securities and
Exchange Commission its Quarterly Report on Form 10-Q disclosing a
net loss of $1.17 million on $0 of revenues for the three months
ended Sept. 30, 2020, compared to a net loss of $1.55 million on
$400,000 of revenues for the three months ended Sept. 30, 2019. As
of Sept. 30, 2020, the Company had $11.69 million in total assets,
$7.02 million in total liabilities, and $4.67 million in total
stockholders' equity.
As of Sept. 30, 2020, the Company's cash amounted to $7.3 million
and current liabilities amounted to $6.6 million. The Company had
expended substantial funds on its clinical trials and expects to
continue its spending on research and development expenditures.
The Company had a working capital of approximately $0.7 million at
Sept. 30, 2020 and a working capital deficit of approximately
$(1.2) million at June 30, 2020.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1355250/000147793220006561/ipix_10q.htm
About Innovation Pharmaceuticals
Innovation Pharmaceuticals Inc. (IPIX) -- http://www.IPharmInc.com
-- is a clinical stage biopharmaceutical company developing a
portfolio of innovative therapies addressing multiple areas of
unmet medical need, including inflammatory diseases, cancer,
infectious disease, and dermatologic diseases.
Innovation Pharmaceuticals reported a net loss of $6.65 million for
the year ended June 30, 2020, compared to a net loss of $8.68
million for the year ended June 30, 2019. As of June 30, 2020, the
Company had $9.25 million in total assets, $7.78 million in total
liabilities, and $1.46 million in total stockholders' equity.
IONIX TECHNOLOGY: Incurs $532K Net Loss in First Quarter
--------------------------------------------------------
Ionix Technology, Inc. filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $532,306 on $2.96 million of revenues for the three months ended
Sept. 30, 2020, compared to net income of $711,276 on $7.50 million
of revenues for the three months ended Sept. 30, 2019.
As of Sept. 30, 2020, the Company had $17.12 million in total
assets, $7.23 million in total liabilities, and $9.89 million in
total stockholders' equity.
The Company incurred loss from operation and did not generate
sufficient cash flow from its operating activities for the three
months ended Sept. 30, 2020. The Company said these factors, among
others, raise substantial doubt about its ability to continue as a
going concern.
The Company plans to rely on the proceeds from loans from both
unrelated and related parties to provide the resources necessary to
fund the development of the business plan and operations. The
Company is also pursuing other revenue streams which could include
strategic acquisitions or possible joint ventures of other business
segments. However, no assurance can be given that the Company will
be successful in raising additional capital.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1528308/000121465920009592/r111220010q.htm
About Ionix
Headquartered in Liaoning Province, China, Ionix Technology, Inc.
-- http://www.iinx-tech.com/-- is a holding company that is
principally engaged in the photoelectric display and smart energy
industries. The company has four operating subsidiaries: Changchun
Fangguan Photoelectric Display Technology Co., Ltd, a company which
specializes in developing, designing, producing, and selling TN and
STN LCD, STN, CSTN, and TFT LCD modules as well as other related
products; Shenzhen Baileqi Electronic Technology Co., Ltd, a
company which specializes in LCD slicing, filling, researching and
designing, manufacturing and selling of LCD Modules (LCM) and PCBs;
Lisite Science Technology (Shenzhen) Co., Ltd., a company engaged
in the production of intelligent electronic devices; and Dalian
Shizhe New Energy Technology Co., Ltd., a company engaged in
photo-voltaic power generation, electric vehicles and charging
piles with corresponding operation and maintenance and three
dimensional parking.
Ionix reported a net loss of $277,668 for the year ended June 30,
2020, compared to net income of $397,047 for the year ended June
30, 2019. As of June 30, 2020, the Company had $17.18 million in
total assets, $7.58 million in total liabilities, and $9.60 million
in total stockholders' equity.
K-MAC HOLDINGS: S&P Alters Outlook to Stable, Affirms 'B-' ICR
--------------------------------------------------------------
S&P Global Ratings revised its outlook on K-Mac Holdings Corp. to
stable from negative and affirmed its 'B-' issuer credit rating,
reflecting the expectation for continued stable to positive
operating performance.
At the same time, S&P is affirming its 'B-' rating on the company's
first-lien credit facilities and 'CCC' rating on its second-lien
term loan. The '3' and '6' recovery ratings, respectively, are
unchanged.
The outlook revision reflects better-than-expected performance
during the pandemic.
K-Mac has not sustained the negative effect S&P initially believed
likely at the onset of the pandemic. K-Mac sales increased 6%
during the third quarter with same-store sales at Taco Bell
restaurants rising roughly 8%, sequentially improved from (0.1)% in
the second quarter.
S&P said, "We believe quick-service restaurants (QSRs) are
relatively well positioned for the pandemic, owing to their
drive-thru channel, which is conducive to social distancing and
crowd-avoidance practices. We believe K-Mac's high drive-thru
penetration allowed the company to support the shift in consumer
preference to off-premise dining. In addition, K-Mac benefited from
increased mobile app use and delivery, which carry higher check
averages. We also attribute K-Mac's good performance to its
predominantly suburban footprint, which offers a more stable
customer base. We believe K-Mac will continue to be resilient
through the pandemic and we anticipate modest growth through 2021
with revenue growth in the low- to mid-single-digit-percent range
driven by new store growth."
S&P forecasts adjusted EBITDA margin improvement of about 200 basis
points (bps) in 2020, then moderating in 2021.
K-Mac's labor costs fell in the second and third quarters as Taco
Bell restaurants reduced operating hours and temporarily stopped
offering breakfast during the pandemic. By redeploying labor to
focus on the drive-thru, K-Mac improved speed and service. At the
same time, lower commodity prices in 2020 further boosted
profitability.
S&P said, "Still, we believe the company is exposed to risk in
commodity price fluctuation. We expect S&P Global Ratings-adjusted
EBITDA margins to moderate from the 2020 levels to the high-21%
area in 2021, as more consumers look to dine-in and operating hours
to return to normal."
"The stable outlook reflects our expectation for relatively steady
credit metrics over the next 12 months, with adjusted debt to
EBITDA in the mid- to high-5x range on modest EBITDA base expansion
through same-store sales growth and net unit growth. We also expect
continued modest free operating cash flow in the $30 million-$40
million range and adequate sources of liquidity."
"We could lower the rating if operating performance is
substantially below our expectations, driven by declining
same-store sales or margin contraction because of elevated
commodity prices or labor costs. Under this scenario, liquidity
would become constrained, ultimately pressuring the company's
ability to service its debt obligations and leading us to believe
the company's capital structure is unsustainable."
"We could raise the rating if the company broadens its operational
scale and grows profitability significantly through successful new
store development, while sustaining leverage to less than 5.5x.
Under this scenario, we would have to believe the company has
adopted a less-aggressive financial policy and is unlikely to
increase debt above 5.5x."
KAYA HOLDINGS: Incurs $13.4 Million Net Loss in Third Quarter
-------------------------------------------------------------
Kaya Holdings, Inc., filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $13.41 million on $274,985 of net sales for the three months
ended Sept. 30, 2020, compared to net income of $726,324 on
$208,843 of net sales for the three months ended Sept. 30, 2019.
For the nine months ended Sept. 30, 2020, the Company reported a
net loss of $15.55 million on $774,158 of net sales compared to net
income of $8.67 million on $721,722 of net sales for the nine
months ended Sept. 30, 2019.
As of Sept. 30, 2020, the Company had $2.54 million in total
assets, $30.73 million in total liabilities, and a total
stockholders' deficit of $28.18 million.
At Sept. 30, 2020, the Company has a working capital deficiency of
$23,680,847 and is totally dependent on its ability to raise
capital. The Company has a plan of operations and acknowledges
that its plan of operations may not result in generating positive
working capital in the near future. Even though management
believes that it will be able to successfully execute its business
plan, which includes third-party financing and capital issuance,
and meet the Company's future liquidity needs, there can be no
assurances in that regard. The Company said these matters raise
substantial doubt about its ability to continue as a going
concern.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1530746/000172186820000530/f2skays10q111120.htm
About Kaya
Kaya Holdings, Inc. -- http://www.kayaholdings.com-- is a
vertically integrated legal marijuana enterprise that produces,
distributes, and/or sells a full range of premium cannabis products
including flower, oils, vape cartridges and cannabis infused
confections, baked goods and beverages through a fully integrated
group of subsidiaries and companies supporting highly distinctive
brands.
As of June 30, 2020, the Company had $2.67 million in total assets,
$18.28 million in total liabilities, and a total stockholders'
deficit of $15.61 million.
M&K CPAS, PLLC, in Houston, TX, the Company's auditor since 2018,
issued a "going concern" qualification in its report dated May 13,
2020, citing that the Company has suffered net losses from
operations and has a net capital deficiency, which raises
substantial doubt about its ability to continue as a going concern.
KLAUSNER LUMBER: Dec. 10 Auction of Substantially All Assets
------------------------------------------------------------
Judge Karen B. Owens of the U.S. Bankruptcy Court for the District
of Delaware authorized Klausner Lumber One, LLC's proposed bidding
procedures relating to the sale of substantially all assets to
Mayr-Melnhof Holz Holding AG, subject to overbid.
Those portions of the Motion asking approval of the Bidding and
Auction Process, are granted.
The Debtor is authorized to execute the asset purchase agreement
with the Stalking Horse Purchaser, subject to the Bidding and
Auction Process. The Debtor is authorized and directed to provide
the Expense Reimbursement to the Stalking Horse Purchaser if it is
not the
Successful Bidder as set forth in the Stalking Horse APA. All
expenses to be reimbursed must be documented, with such
documentation provided to the Debtor, the counsel to the Official
Committee of Unsecured Creditors, and the U.S. Trustee, which
parties will have a 10-calendar day review period. If there is an
objection by the Committee or U.S. Trustee to any portion of the
expenses during that time, the expenses will not be paid until the
objection is resolved consensually or by the Court.
In the event the Stalking Horse Purchaser is not the Successful
Bidder, the Debtor will pay the Break-Up Fee and, subject to the
expiration of the foregoing 10 calendar day review period or, if an
objection is filed by the Committee or U.S. Trustee, upon the
resolution thereof either consensually or by the Court, pay the
Expense Reimbursement to the Stalking Horse Purchaser, on the
closing date of a sale of the Assets to a Successful Bidder other
than the Stalking Horse Purchaser.
Any schedules to the Stalking Horse APA must be filed no later than
14 days prior to the Sale Objection Deadline.
The Bidding Procedures are approved. The failure to specifically
include or reference any particular provision of the Bidding
Procedures in the Motion or the Order will not diminish or
otherwise impair the effectiveness of such procedures, it being the
Court's intent that the Bidding Procedures are approved in their
entirety, as if fully set forth in the Order. The Debtor is
authorized to conduct the Auction pursuant to the terms of the
Bidding Procedures and the Order.
Carolina Sawmills, L.P. will be a "Consultation Party" as set forth
in the Bidding Procedures.
For all purposes under the Bidding Procedures: (a) the Stalking
Horse Purchaser will be considered a Qualifying Bidder, and the
Stalking Horse APA will be considered a Qualifying Bid; and (b) in
determining whether the Potential Bidders constitute Qualifying
Bidders, the Debtor may consider a combination of bids for the
Assets.
The Assumption Notice Deadline is Nov. 23, 2020. The Contract
Objection Deadline is Dec. 7, 2020 at 4:00 p.m. (ET). In the event
the Stalking Horse Purchaser is not the Successful Bidder, the
Counterparties will file any Contract Objections solely on the
basis of adequate assurance of future performance not later than
Dec. 14, 2020 at 4:00 p.m. (ET).
The Debtor's decision to assume and assign the Assumed Contracts to
the Stalking Horse Purchaser or in the event the Stalking Horse
Purchaser is not the Successful Bidder, then to the Successful
Bidder, is subject to the Court's approval and the closing of the
Sale.
The Stalking Horse Notice, the Sale Notice, the Assumption Notice,
the Bidding Procedures, the Auction, the Sale Hearing, and the
Assumption and Assignment Procedures and the objection periods
associated with each of the foregoing are approved.
Within three business days of the entry of the Order, the Debtor
will serve the Sale Notice upon the Sale Notice Parties.
The salient terms of the Bidding Procedures are:
a. Bid Deadline: Dec. 4, 2020 at 5:00 p.m. (ET)
b. Baseline Bid: In the aggregate, consideration equal to or
in excess of the sum of the amount of (A) the Stalking Horse
Purchase Price, (B) the Break-Up Fee (i.e., $600,000), (C) the
maximum permitted Expense Reimbursement (i.e., $300,000), and (D)
$500,000
c. Deposit: 10% of the purchase price
d. Auction: If the Debtor timely receives one or more
Qualifying Bids other than the Stalking Horse Purchaser’s
Qualifying Bid, then the Debtor will conduct the Auction on Dec.
10, 2020 at 10:00 a.m. (ET), telephonically or via videoconference
as determined by the Debtor, after consultation with the
Consultation Parties.
e. Bid Increments: 1% of the Baseline Bid
f. Sale Hearing: Dec. 17, 2020 at 10:00 a.m. (ET)
g. Sale Objection Deadline: Dec. 14, 2020 at 4:00 p.m. (ET).
h. Closing: Jan. 8, 2021
The Order will be effective immediately upon entry, and any stay of
orders provided for in Bankruptcy Rules 6004(h) or 6006(d) or any
other provision of the Bankruptcy Code, the Bankruptcy Rules or the
Local Rules is expressly waived.
A copy of the Bidding Procedures is available at
https://tinyurl.com/y67dkcak from PacerMonitor.com free of charge.
About Klausner Lumber One
Klausner Lumber One, LLC is a privately held company in the lumber
and plywood products manufacturing industry. It is 100% owned by
non-debtor Klausner Holding USA, Inc.
Klausner Lumber One sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Del. Case No. 20-11033) on April 30,
2020. At the time of the filing, Debtor disclosed assets of
between $100 million and $500 million and liabilities of the same
range.
The Debtor tapped Westerman Ball Ederer Miller Zucker & Sharfstein,
LLP as bankruptcy counsel; Morris, Nichols, Arsht & Tunnell, LLP as
local counsel; Asgaard Capital, LLC as restructuring advisor; and
Cypress Holdings, LLC as investment banker.
LAURENCE C MILLER: Seeks to Hire Kirby Aisner as Legal Counsel
--------------------------------------------------------------
Laurence C. Miller MD PLLC seeks authority from the U.S. Bankruptcy
Court for the Southern District of New York to employ Kirby Aisner
& Curley, LLP as its legal counsel.
The firm will provide these services:
a. advise Debtor of its powers and duties in the continued
management of its property and affairs;
b. negotiate with creditors in the preparation of a plan of
reorganization and take the necessary legal steps in order to
effectuate the plan;
c. prepare legal papers;
d. appear before the bankruptcy court and represent the Debtor
in all matters pending before the court;
e. attend meetings and negotiate with representatives of
creditors;
f. advise the Debtor in connection with any potential sale of
its business;
g. represent the Debtor in connection with obtaining
post-petition financing, if necessary;
h. take any necessary action to obtain approval of a
disclosure statement and confirmation of a plan of reorganization;
and
i. perform all other legal services for the Debtor in
connection with its Chapter 11 case.
Kirby Aisner will be paid at these rates:
Attorneys $295 to $525 per hour
Paraprofessionals $150 per hour
Kirby Aisner will also be reimbursed for out-of-pocket expenses
incurred.
Dawn Kirby, Esq., a partner at Kirby Aisner, disclosed in court
filings that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
Kirby Aisner can be reached at:
Dawn Kirby, Esq.
Kirby Aisner & Curley LLP
700 Post Road, Suite 237
Scarsdale, NY 10583
Tel: (914) 401-9500
Email: dkirby@kacllp.com
About Laurence C. Miller MD PLLC
Laurence C. Miller MD PLLC provides aesthetician services in
Ardsley, N.Y.
On Oct. 23, 2020, Laurence C. Miller filed a voluntary petition for
relief under chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y.
Case no. 20-23135) to restructure or reject certain burdensome
equipment leases. At the time of the filing, the Debtor had
estimated assets of less than $50,000 and liabilities of between
$100,001 and $500,000.
Judge Robert D. Drain oversees the case. Kirby Aisner & Curley,
LLP serves as the Debtor's legal counsel.
LAURENCE C MILLER: Taps Bruce Ira Greenberg as Accountant
---------------------------------------------------------
Laurence C. Miller MD PLLC seeks authority from the U.S. Bankruptcy
Court for the Southern District of New York to hire Bruce Ira
Greenberg, CPA. P.C. as its accountant.
The services that the accountant will render are:
a. prepare or review monthly debtor-in-possession operating
reports and statements of cash receipts and disbursements including
notes as to the status of tax liabilities and other indebtedness;
b. prepare compiled financial statements as of the date of
filing of the Debtor's Chapter 11 petitions;
c. review existing accounting systems and procedures and
establish new systems and procedures, if necessary;
d. assist the Debtor in the development of a plan of
reorganization;
e. assist the Debtor in the preparation of a liquidation
analysis;
f. appear at creditors' committee meetings, 341(a) meetings,
and court hearings, if required;
g. assist the Debtor in the preparation of cash flow
projections;
h. consult with counsel for the Debtor in connection with
operating, financial and other business matters related to the
ongoing activities of the Debtor; and
i. perform other duties normally required of an accountant
including, but not limited to, the preparation of all financial
statements required in the Debtor's reorganization.
The firm's hourly rates are:
Partners $275
Staff Accountants $175
Paraprofessionals/
Administrative Assistant $75
Bruce Ira Greenberg, CPA, member of Bruce Ira Greenberg, disclosed
in court filings that the firm is a disinterested person within the
meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Bruce Ira Greenberg, CPA
Bruce Ira Greenberg, CPA. P.C.
1025 Westchester Ave Suite 305
White Plains, NY, 10604
Phone: (914)285-1002
Fax: (914)285-1104
Email: bruce@bigcpapc.com
About Laurence C. Miller MD PLLC
Laurence C. Miller MD PLLC provides aesthetician services in
Ardsley, N.Y.
On Oct. 23, 2020, Laurence C. Miller filed a voluntary petition for
relief under chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y.
Case no. 20-23135) to restructure or reject certain burdensome
equipment leases. At the time of the filing, the Debtor had
estimated assets of less than $50,000 and liabilities of between
$100,001 and $500,000.
Judge Robert D. Drain oversees the case. Kirby Aisner & Curley,
LLP serves as the Debtor's legal counsel.
LET'S GO AERO: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Let's Go Aero, Inc.
4474 Barnes Road
Colorado Springs, CO 80917
Business Description: Let's Go Aero, Inc. --
https://letsgoaero.com -- is a Colorado
outdoor lifestyle products company for gear
transport, storage, and recreation.
It offers cargo carriers, trailers, camping
trailers, bicycle carriers, silent towing,
shelters, and accessories.
Chapter 11 Petition Date: November 23, 2020
Court: United States Bankruptcy Court
District of Colorado
Case No.: 20-17582
Judge: Hon. Michael E. Romero
Debtor's Counsel: David V. Wadsworth, Esq.
WADSWORTH GARBER WARNER CONRARDY, P.C.
2580 West Main Street
Suite 200
Littleton, CO 80120
Tel: 303-296-1999
Email: dwadsworth@wgwc-law.com
Total Assets: $1,865,072
Total Liabilities: $4,458,199
The petition was signed by Marty L. Williams, president.
A copy of the petition containing, among other items, a list of the
Debtor's 20 largest unsecured creditors is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/SZFJ7BI/Lets_Go_Aero_Inc__cobke-20-17582__0001.0.pdf?mcid=tGE4TAMA
LUCKY STAR-DEER: Wants Plan Exclusivity Extended Thru Mar. 4
------------------------------------------------------------
Lucky Star-Deer Park Mezz LLC requests the U.S. Bankruptcy Court
for the Eastern District of New York to extend the period within
which it has the exclusive right to file a plan of reorganization
and solicit acceptances of the plan through and including March 4
and May 2, 2021, respectively.
The Debtor seeks additional time to avoid premature formulation of
a Chapter 11 plan that fails to take into account critical business
and operational factors that are yet to be evaluated by the Debtor.
"We believe that the requested extension will allow us and our
related entities to evaluate and analyze our businesses to make
determinations regarding a plan of reorganization," the Debtor
says.
The Debtor, along with its Managing Member, is exploring potential
sales of assets that would aid in formulating a confirmable plan
and focusing its energies with its related entities on obtaining
replacement financing which could resolve its debt.
Premature termination of the exclusive periods might force the
Debtor to waste valuable time and efforts combating competing plans
and result in increased administrative expenses.
About Lucky Star-Deer Park Mezz
Lucky Star-Deer Park Mezz LLC, a Deer Park, N.Y.-based company
engaged in the business of constructing and managing real
properties, filed a petition under Chapter 11 of the Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 20-72403) on July 8, 2020. Myint
Kyaw, the Debtor's managing member, signed the petition.
At the time of the filing, the Debtor disclosed estimated assets of
up to $50,000 and estimated liabilities of $10 million to $50
million.
Judge Robert E. Grossman oversees the case. The Debtor tapped
Weinberg, Gross & Pergament LLP, and Macco Law Group, LLC, both as
legal counsel.
MALLINCKRODT PLC: Hires Hogan Lovells as Special Counsel
--------------------------------------------------------
Mallinckrodt PLC, and its debtor-affiliates, seek authority from
the U.S. Bankruptcy Court for the District of Delaware to employ
Hogan Lovells US LLP, as special counsel to the Debtors.
Mallinckrodt PLC requires Hogan Lovells to:
a. advise and represent the Debtors generally in connection
with ongoing investigations and potential enforcement
activity conducted by the Securities Exchange Commission,
States Attorneys General, the Department of Justice,
Offices of Inspector General, and other investigatory
bodies relating to Acthar or their pharmaceuticals
businesses, including but not limited to performing legal
and factual due diligence, analyzing documents, conducting
interviews, formalizing responses to inquiries from these
agencies, and assisting the Debtors with respect to
settlement agreements;
b. advise and represent the Debtors in connection with
Congressional investigations relating to Acthar or their
pharmaceuticals businesses, including but not limited to
performing legal and factual due diligence, analyzing
documents, preparing responses to Congressional committees,
and preparing any witnesses called to testify before
Congress;
c. advise and represent the Debtors in litigation matters
relating to Acthar or their pharmaceuticals businesses,
including but not limited to performing legal and factual
due diligence, conducting discovery, motions practice,
preparing for mediation or trial, assisting the Debtors
with respect to settlement agreements and, if necessary,
conducting trial;
d. provide general regulatory advice to the Debtors relating
to their pharmaceutical businesses; and
e. perform all other necessary legal services in connection
with the foregoing; provided, however, that to the extent
Hogan Lovells determines that such services fall outside of
the scope of the services historically or generally
performed by Hogan Lovells as special regulatory counsel,
Hogan Lovells will file a supplemental declaration
Hogan Lovells will be paid at these hourly rates:
Partners $745 to $1,500
Counsels $830 to $1,405
Associates $450 to $960
Paralegals $265 to $490
In the 90 days prior to the Petition Date, Hogan Lovells received
payments and advance fee retainers in the amount of $3,480,314.76
for professional services performed and to be performed, and
expenses incurred and to be incurred, in connection with the Hogan
Lovells Services. $1,325,000 of this amount was received on and
after August 24, 2020 in the form of an advance fee retainer (the
"Advance Fee Retainer"). The remainder was paid in connection with
invoices submitted to the Debtors by Hogan Lovells.
As of the Petition Date, Hogan Lovells had applied $312,305.45 of
the Advance Fee Retainer against the actual fees, charges and
disbursements it had incurred in August 2020. After the Petition
Date, on October 28-29, 2020, Hogan Lovells issued billing
statements for the actual fees, charges and disbursements the
Debtors incurred in September 2020 (the "September Invoice") and
expects to issue a billing statement for actual fees, charges and
disbursements incurred between October 1 and October 11, 2020, in
early November 2020 (the "October Invoice"). Hogan Lovells intends
to apply the Advance Fee Retainer to the September Invoice and the
October Invoice upon approval of this Application, at which point
Hogan Lovells believes approximately $244,696.04 of the Advance Fee
Retainer will remain outstanding.
Hogan Lovells will also be reimbursed for reasonable out-of-pocket
expenses incurred.
E. Desmond Hogan, partner of the law firm of Hogan Lovells US LLP,
assured the Court that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code and does
not represent any interest adverse to the Debtors and their
estates.
Hogan Lovells can be reached at:
E. Desmond Hogan, Esq.
HOGAN LOVELLS US LLP
555 Thirteenth Street, NW
Washington, DC 20004-1109
Tel: (202) 637-5600
About Mallinckrodt PLC
Mallinckrodt -- http://www.mallinckrodt.com/-- is a global
business consisting of multiple wholly owned subsidiaries that
develop, manufacture, market and distribute specialty
pharmaceutical products and therapies. The company's Specialty
Brands reportable segment's areas of focus include autoimmune and
rare diseases in specialty areas like neurology, rheumatology,
nephrology, pulmonology and ophthalmology; immunotherapy and
neonatal respiratory critical care therapies; analgesics and
gastrointestinal products. Its Specialty Generics reportable
segment includes specialty generic drugs and active pharmaceutical
ingredients.
As of March 27, 2020, the Company had $10.17 billion in total
assets, $8.27 billion in total liabilities, and $1.89 billion in
total shareholders' equity.
On Oct. 12, 2020, Mallinckrodt plc and certain of its affiliates
sought Chapter 11 protection in Delaware in the U.S. (Bankr. D.
Del. Lead Case No. 20-12522) to seek approval of a restructuring
that would reduce total debt by $1.3 billion and resolve
opioid-related claims against the Company.
Mallinckrodt plc disclosed $9,584,626,122 in assets and
$8,647,811,427 in liabilities as of Sept. 25, 2020.
Latham & Watkins LLP, Ropes & Gray LLP and Wachtell, Lipton, Rosen
& Katz are serving as counsel to the Company, Guggenheim
Securities, LLC is serving as investment banker and AlixPartners
LLP is serving as restructuring advisor to Mallinckrodt. Hogan
Lovells is serving as counsel with respect to the Acthar Gel
matter. Prime Clerk LLC is the claims agent.
MANHATTAN SCIENTIFICS: Posts $1.7-Mil. Net Income in Third Quarter
------------------------------------------------------------------
Manhattan Scientifics, Inc., filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing net income
of $1.76 million on $0 of revenue from royalties for the three
months ended Sept. 30, 2020, compared to net income of $1.23
million on $22,000 of revenue from royalties for the three months
ended Sept. 30, 2019.
For the nine months ended Sept. 30, 2020, the Company reported net
income of $1.56 million on $50,000 of revenue from royalties
compared to a net loss of $115,000 on $72,000 of revenue from
royalties for the same period during the prior year.
As of Sept. 30, 2020, the Company had $4.02 million in total
assets, $2.39 million in total liabilities, $1.06 million in Series
D convertible preferred mandatory redeemable shares, and $576,000
in total stockholders' equity.
As of Sept. 30, 2020, the Company has cumulative losses totaling
$67,638,000 and negative working capital of $1,513,000. The
Company had net income for the nine months ended Sept. 30, 2020.
The Company said these conditions raise substantial doubt about its
ability to continue as a going concern for a period of one year
from the issuance of these financial statements. Because of these
conditions, the Company will require additional working capital to
develop business operations.
The Company stated, "Management's plans are to raise additional
working capital through the continued licensing of its technology
as well as to generate revenues for other services. There are no
assurances that the Company will be able to achieve the level of
revenues adequate to generate sufficient cash flow from operations
to support the Company's working capital requirements. To the
extent that funds generated are insufficient, the Company will have
to raise additional working capital. No assurance can be given
that additional financing will be available, or if available, will
be on terms acceptable to the Company. If adequate working capital
is not available, the Company may not continue its operations."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1099132/000147793220006656/mhtx_10q.htm
About Manhattan Scientifics
Headquartered in New York, Manhattan Scientifics, Inc., is focused
on technology transfer and commercialization of these
transformative technologies. The Company operates as a technology
incubator that seeks to acquire, develop and commercialize
life-enhancing technologies in various fields. To achieve this
goal, the Company continues to identify emerging technologies
through strategic alliances with scientific laboratories,
educational institutions, scientists and leaders in industry and
government. The Company and its executives have a long-standing
relationship with Los Alamos Laboratories in New Mexico.
Manhattan Scientifics reported a net loss of $1.22 million for the
year ended Dec. 31, 2019, compared to a net loss of $8.33 million
for the year ended Dec. 31, 2018. As of Dec. 31, 2019, the Company
had $2.22 million in total assets, $2.17 million in total
liabilities, $1.06 million in series D Convertible preferred
mandatory redeemable, authorized shares, and a total stockholders'
deficit of $1 million.
Prager Metis CPAs, LLC, in Las Vegas, NV, the Company's auditor
since 2019, issued a "going concern" qualification in its report
dated April 14, 2020 citing that the Company has had cumulative
losses and has accumulated deficit as of Dec. 31, 2019, which raise
substantial doubt about its ability to continue as a going concern.
MEG ENERGY: S&P Alters Outlook to Stable, Affirms 'CCC+' ICR
------------------------------------------------------------
S&P Global Ratings revised its outlook on Calgary, Alta.-based MEG
Energy Corp. to stable from negative and affirmed its 'CCC+'
long-term issuer credit rating on the company.
At the same time, S&P affirmed its 'B' issue-level rating on the
company's senior secured debt ('1' recovery rating unchanged) and
'B-' issue-level rating on senior unsecured debt ('2' recovery
rating unchanged).
S&P said, "The outlook revision reflects our view that our forecast
cash flow generation, coupled with cash on hand and availability
under the credit facility, will provide the company with a cushion
against any unanticipated short-term negative market or operational
events over the next 12 months without a liquidity or payment
crisis."
"The higher year-to-date West Texas Intermediate (WTI) price and
tighter WCS differentials have improved MEG's cash flow and
leverage metrics and we now estimate the company's revenues and
cash flows for 2020 will be significantly higher than our previous
expectations. At our price assumptions, we believe MEG will
generate an average adjusted funds from operations (FFO)-to-debt
ratio above 10% for 2020, compared with our previous expectation of
3%. We estimate the measure will remain above 10% for 2021,
supported by our assumed narrowed Western Canadian Select (WCS)
differentials despite lower production compared with the previous
base-case scenario assumptions. Our estimates take into account the
company's current hedge position and crude oil volumes sold into
the U.S. Gulf Coast market. We now also expect MEG will generate
positive free cash flows in 2020 and neutral-to-modest free cash
flows in 2021 and 2022, supported by lower capital spending in
light of the current market conditions to preserve liquidity and
maintain financial flexibility. The company has some flexibility to
reduce spending further to preserve liquidity, but this would also
translate into reduced production and cash flow generation during
this period, and elevated leverage metrics."
"Our 'CCC+' issuer credit rating on MEG reflects the risk
associated with the company's single-product-focused operations,
below-average profitability (at the current commodity price
assumptions, especially with associated blending and transportation
costs), and weak cash flow metrics, with an adjusted FFO-to-debt
ratio remaining below 12% through our forecast period. However, we
believe the company will limit its capital spending to a level that
can be funded from internally generated cash flows, reducing the
prospects for increased debt levels. Therefore, we believe that the
company's existing liquidity sources, with about C$50 million in
cash and almost full availability under the C$800 million revolving
credit facility (both as of Sept. 30, 2020), should provide cushion
against a short-term operating or market disruption, if either were
to occur. In addition, the company does not have any debt
maturities until 2024 when its US$600 million unsecured notes come
due. Therefore, there is no near-to-medium term refinancing risk
that could compromise MEG's credit profile and our rating on the
company."
"The stable outlook reflects our opinion that projected cash flow
generation should fully fund estimated operating and financial
spending requirements. The stable outlook is also supported by the
company's lack of near-term debt maturities, manageable capital
spending requirements, and our view that MEG will maintain at least
adequate liquidity over the next 12 months. Our 'CCC+' rating
continues to reflect the company's single-product exposure, weak
profitability, and weak cash flow metrics."
"We could lower the rating if MEG's liquidity erodes materially as
a result of material free cash flow deficits stemming from
lower-than-expected crude oil prices, or rapidly increasing
operating costs. This would significantly constrain the company's
ability to fund its financing and sustaining capital spending
requirements."
"We could raise the rating if MEG's cash flow generation increases
to a level that sustains FFO to debt comfortably above 12%. We
would also expect MEG to generate positive free cash flows and
maintain at least adequate liquidity. We could envision this
scenario if commodity prices rebound and are sustained well above
our expectations."
MGM GROWTH: Fitch Assigns BB+ Rating on New $500MM Unsec. Notes
---------------------------------------------------------------
Fitch Ratings has assigned a 'BB+/RR4' rating to MGM Growth
Properties Operating Partnership LP's (MGPOP) proposed $500 million
senior unsecured notes due 2029. Fitch rates MGMOP's and MGM Growth
Properties, LLC's (collectively, MGP) Issuer Default Ratings (IDR)
'BB+'. The Rating Outlook is Negative. MGP intends to use the
proceeds of the issuance for general corporate purposes, which may
include the redemption of up to $700 million of MGP's operating
partnership units held by MGM Resorts International (MGM) should
MGM elect to exercise its right to cause MGP to redeem those units
for cash.
MGP's Negative Rating Outlook reflects the coronavirus-driven
operational disruptions faced by MGP's sole tenant, MGM, and the
uncertainty surrounding the recovery in gaming demand. MGM's Las
Vegas Strip assets, operating at much lower occupancy than normal,
generated about breakeven EBITDAR in 3Q20. The near-term outlook
for the Strip remains dim, with visitation down roughly 50% in
September 2020 and COVID-19 cases rising throughout U.S. However,
the recently announced vaccine breakthroughs are encouraging and
MGM has solid liquidity to weather the near-term cash burn.
MGP's 'BB+' IDR reflects its, along with its tenant's, solid
positions to weather the near-term impacts from the pandemic. MGP's
balance sheet and liquidity are strong in the context of its 'BB+'
IDR and provide a cushion against any near-term disruptions in
rent. MGP is well within its 5.5x net leverage downgrade
sensitivity at 4.6x currently, or 5.3x if including a full
redemption of MGM's OP agreement. MGP agreed to redeem $1.4 billion
of OP units at a discount to a trailing stock price of MGP at MGM's
option from February 2020 to February 2022, $700 million of which
was exercised by MGM in May 2020. As of Sept. 30, 2020, MGM had
$4.8 billion of excess cash (net of estimated cage cash), excluding
MGP and MGM China, pro forma for its October note issuance and the
remaining $700 million in OP redemption.
The Negative Rating Outlook also reflects MGM's 'BB-' IDR/Negative
Outlook. There is a weak-to-moderate rating linkage between MGM and
MGP, and Fitch has previously stated that MGP is unlikely to be
rated more than two notches above MGM, which has a controlling
stake in MGP. On March 25, 2020, Fitch downgraded MGM's IDR from
'BB' to 'BB-' and revised the Rating Outlook to Negative from
Stable. The rating actions reflected the pressures related to the
coronavirus pandemic and the sale of MGM's last wholly-owned assets
outside MGM Springfield.
Fitch will consider a Stable Rating Outlook when and if there is a
clearer trajectory to recovery and there is greater certainty that
MGM and MGP will emerge through this stress with their credit
profiles intact. Fitch will also consider the sustainability of
MGM's rent in terms of rent coverage.
MGP's 'BB+' IDR continues to reflect the company's stable triple
net lease (NNN) cash flows, good geographic asset diversification
and conservative financial policy. Negatively, MGP's wholly-owned
assets, except the real estate assets associated with MGM National
Harbor and Empire City, are encumbered by its senior secured credit
facility. MGP has high tenant concentration, potential conflicts of
interest vis-a-vis control by MGM (although there are mechanisms in
place to help mitigate this risk), and lower contingent liquidity
relative to more traditional REIT asset classes such as
multi-family housing.
KEY RATING DRIVERS
Strong Cash Flow Stability: MGP generates 100% of its rent revenue
under a master lease with MGM (excluding joint ventures). The
master lease has a long initial term and is 90% fixed with 2%
escalators, providing stability and visibility to MGP's cash flows.
Roughly 40% of the rent is attributed to the assets on the more
cyclical Las Vegas Strip with the balance being attributed to
regional assets that are geographically diversified and help
insulate the company from individual market-level underperformance.
Fitch believes that MGM's asset-level rent coverage of its master
lease, about 1.9x on a pro forma basis pre-coronavirus disruption,
provides adequate cushion for downturns. Rent coverage is stronger,
above 2x, when incorporating MGM's cash flows from non-leased
assets including distributions from MGM China and CityCenter.
MGP's master lease structure, given its significance to MGM's
operations, should protect its cash flow stream and against adverse
lease selection in a bankruptcy scenario of MGM. Although not
anticipated, Fitch views rent concessions as a greater cash flow
risk for triple-net lease REITs with master leases, rather than
tenant rejections in bankruptcy. There are several examples of
triple-net lease U.S. equity REITs selectively granting concessions
to struggling tenants, including reducing rents and releasing
underperforming properties from the master lease pool. These
examples generally have idiosyncratic circumstances, including
regulatory changes and corporate governance concerns that do not
necessarily apply to MGP.
MGM's controlling ownership stake in MGP is a concern as it relates
to potential rent resets in a stress scenario. However, Fitch
believes MGP has adequate corporate governance policies in place to
address potential conflicts of interest. MGP's independent
conflicts committee would be required to approve any rent resets.
MGM's meaningful economic interest in MGP (both from an equity
value and cash flow distributions perspective) gives Fitch added
comfort that negotiating a rent reset would not be the most
advantageous or easiest lever to pull.
Tenant Concentration: MGM is MGP's sole tenant, but this tenant
concentration is partially offset by the diversification of assets
within the lease (roughly 40% Las Vegas and 60% regional), the
high-quality assets, the mission-critical nature of the master
lease to the tenant and the healthy rent coverage. Further, MGM
('BB-'/Negative Outlook) guarantees the master leases. MGM's assets
that are not leased include its 56% interest in Macau assets, a 50%
stake in CityCenter, and full ownership of MGM Springfield. Fitch
views the guarantee positively but does not factor it heavily into
MGP's ratings given that MGM's rating is below MGP's.
Improved Liquidity Profile: MGP's liquidity and liability
management characteristics relative to investment-grade U.S. equity
REITs have improved and are expected to improve further. MGP's
assets are encumbered with the company's senior secured credit
facility, which consists of a $1.35 billion revolver with $100
million drawn. The facility outstanding represents about 2% of the
debt at the OP and the total capacity represents about a third of
the total debt.
MGP has been a regular equity issuer. MGP executed a number of
secondary equity offerings since its 2016 IPO, with roughly $3.3
billion raised since then including the November 2019 offering. In
April 2019, MGP entered into an "at-the-market-offering" (ATM)
program and raised $180 million under this program to date. MGP
upsized its revolver to $1.35 billion from $600 million in 2018 --
sized larger than any single unsecured maturity. MGP's maturity
schedule remains concentrated with about a quarter of its total
debt maturing in 2024 not counting the revolver or the JV CMBS
debt.
Below-Average Contingent Liquidity: MGP's contingent liquidity in
the form of mortgage debt or asset sales is not as robust as that
of the more traditional REIT asset classes. Gaming properties are a
specialty property type that appeals to a smaller universe of
institutional real estate investors and lenders than core
commercial property sectors, such as office, industrial, retail and
multifamily properties. There are examples of gaming companies
accessing debt secured by specific assets in a time of stress, as
well as gaming assets in CMBS transactions.
Fitch views the through-the-cycle availability of capital from CMBS
as weaker than secured mortgages from balance sheet lenders (e.g.
life insurance companies). Notwithstanding, Fitch's ratings assume
that gaming REITs could access secured debt capital if needed to
refinance unsecured maturities during a period of capital markets
stress. MGP has been reducing its senior secured mix becoming more
similar to its non-gaming REIT peers, where fully unencumbered
capital structures are more common.
Conservative Financial Policy: MGP's net leverage target of
5.0x-5.5x is conservative for its IDR and consistent with other
gaming REITs, including Gaming & Leisure Properties, Inc. (GLPI;
BBB-). MGP's ratings have some tolerance for net leverage to
temporarily exceed 5.5x for larger acquisitions. The company is a
proactive equity issuer and willing to use retained cash flow to
partially fund acquisitions to ensure it remains within its target
range. Fitch expects MGP to be at around 5.5x net leverage or below
pro forma for fully funding MGM's OP unit redemption with
incremental debt.
Linkage with MGM Resorts: MGP's ring-fencing and separation
provisions result in weak-to-moderate linkage with MGM, which Fitch
considers a weaker parent. The two-notch higher IDR relative to MGM
reflects MGP's stand-alone credit profile as a gaming REIT. MGP is
roughly 53% owned pro forma for the potential full exercise of the
redemption option (56.7% owned currently) and effectively
controlled by MGM through its class B ownership. However, a measure
of separation is warranted by MGP's restricted payment covenants
(capped at 95% of cumulative FFO per the bond indenture) and a
conflicts committee that must approve all transactions with related
parties over $25 million. These provisions result in a degree of
separation between the IDRs of MGM and MGP.
DERIVATION SUMMARY
MGP's main peers are gaming REITs, including GLPI and VICI
Properties LLC (VICI; BB). All three REITs have comparable credit
metrics and share a net leverage target range of 5.0x-5.5x. MGP's
assets have historically been encumbered with a senior secured
credit facility but the company has made strides toward improving
contingent liquidity by moving toward a more fully unsecured
capital structure. MGP's master lease coverage with MGM based on
pre-pandemic EBITDAR levels is solid at about roughly 1.9x. MGM's
majority stake in MGP is viewed negatively by Fitch but there is
enough separation through MGP's governance and debt documentation
that the potential conflicts of interest are manageable.
Nevertheless, MGP's IDR is unlikely to be more than two notches
above MGM's as long as MGM has voting control over MGP.
KEY ASSUMPTIONS
-- Annual master lease rent of $843 million in 2021, which
includes the removal of Mandalay Bay from the MGM master lease and
2% base rent escalators on the fixed portion for the rent. The rent
escalators go into effect each April through the forecast horizon.
-- The MGM OP unit redemption option is fully utilized by early
2022 at a total cost of $1.4 billion to MGP. MGM exercised $700
million of its redemption option in May 2020 and can exercise the
remainder any time through February 2022.
-- JV transaction closed in February 2020 and Fitch
proportionally consolidates its EBITDA and debt for the purpose of
calculating leverage. The JV transaction involved MGP selling
Mandalay Bay into a JV that is 50.1% owned by MGP and 49.9% by
Blackstone REIT (BREIT). The JV also purchased MGM Grand Las Vegas
from MGM. The transactions were mainly financed with a $3 billion
CMBS loan and an $800 million equity contribution from BREIT. MGP
used cash proceeds from the Mandalay Bay sale to repay its term
loans. The two JV assets are leased to MGM under a master lease
with the initial rent set at $292 million.
-- Debt at wholly-owned entities pro forma for the issuance is $4
billion (roughly $2.9 billion net debt). Revolver capacity and
retained cash flow help fund remaining $700 million OP redemption
in 2022.
-- Parent dividend payout of 80% of wholly-owned AFFO.
-- Given the uncertainty over potential acquisitions (e.g. MGP's
right of first offer on MGM Springfield), none are modelled in the
forecast beyond those currently contemplated.
-- General and administrative expense of around $15 million.
RATING SENSITIVITIES
Factors that could, individually or collectively, lead to positive
rating action/upgrade:
-- Diversification of the tenant base;
-- An improvement in MGP's liquidity through moving toward a more
unsecured capital structure, increasing available liquidity via
revolver or cash on hand, and greater staggering of the maturity
schedule;
-- A financial policy with a net leverage (net debt/EBITDA)
target of less than 5x may offset the lack of progress with respect
to the above sensitivities;
-- Any positive rating pressure would be weighed against the
considerations relating to MGM's credit profile and Fitch's view on
the linkage between MGM and MGP. Generally, Fitch does not rate a
subsidiary more than two notches above the parent's IDR.
Factors that could, individually or collectively, lead to negative
rating action/downgrade:
-- Net leverage (net debt/EBITDA) sustaining above 5.5x. Fitch
has tolerance for net leverage to exceed 5.5x for larger
acquisitions provided MGP deleverages below 5.5x within 12-24
months;
-- A downgrade of MGM's IDR may place negative rating pressure on
MGP. Generally, Fitch does not rate a subsidiary more than two
notches above the parent's IDR.
LIQUIDITY AND DEBT STRUCTURE
Good Liquidity; Improving Maturities: As of September 30, 2020, and
pro forma for the note issuance and $700 million MGM OP redemption,
MGP had roughly $450 million of cash on hand. The $1.35 billion
revolver has $100 million drawn at quarter-end. There are no
near-term meaningful maturities; however, 2024 has a $1.05 billion
unsecured note maturity. Fitch would favorably view MGP continuing
to transition its balance sheet to be more in-line with traditional
REITs, with more staggered debt maturities.
ESG CONSIDERATIONS
Unless otherwise disclosed in this section, the highest level of
ESG credit relevance is a score of '3'. This means ESG issues are
credit-neutral or have only a minimal credit impact on the entity,
either due to their nature or the way in which they are being
managed by the entity.
MICHAEL MAIDAN: Selling Grand Ave's Brooklyn Condo Units for $1.6M
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Michael Maidan asks the U.S. Bankruptcy Court for the Eastern
District of New York to authorize the sale of Grand Avenue Building
II, LLC's unsold condominium units located at 91 Grand Avenue,
Brooklyn, New York: (i) Units 3B to Joseph S. Marino for $590,000,
and (ii) Unit 4C to Anthony Koithra and Laura Fox for $1.05
million.
In 2008, the Debtor formed and is the 100% shareholder of Grand Ave
LLC for the purpose of acquiring the real property located at 91
Grand Avenue, Brooklyn, New York. 91 Grand is a 6-story building
in the Clinton Hill section of Brooklyn. 91 Grand was converted
into Clinton Lofts Condominium, with Grand Ave LLC being the
sponsor for the conversion. Upon completion, the Condo consists of
30 units, with 2 units (Units 3B and 4C) remaining unsold and owned
by Grand Ave LLC.
On Sept. 2, 2020, Grand Ave LLC entered into contract to sell Unit
3B for $590,000 to Joseph S. Marino. The sale of Unit 3B was the
product of the efforts of the brokerage firm of Douglas Elliman and
its marketing of the sale of Unit 3B. The Buyer of Unit 3B is
completely unrelated to the Debtor and the contract is a result of
arms'-length transaction.
On Oct. 5, 2020, Grand Ave LLC entered into contract to sell Unit
4C for $1.05 million to Anthony Koithra and Laura Fox. The sale of
Unit 4C was the product of the efforts of the brokerage firm of
Douglas Elliman and its marketing of the sale of Unit 4C. The
Buyers of Unit 4C are completely unrelated to the Debtor and the
contract is a result of arms'-length transaction.
The Debtor's interest in Grand Ave LLC is not being sold and the
Unsold Units are not owned by the Debtor or property of the
Debtor's estate. Notwithstanding, the Debtor is asking
authorization and approval for the sale of the Unsold Units, which
are the sole assets of Grand Ave LLC, of which the Debtor is the
100% shareholder.
By the Motion, the Debtor is asking entry of the proposed Order,
which (i) authorized the Debtor (and Joshua Maidan as the
administrator of his estate) to sell the Unsold Units pursuant to
the respective contracts of sale, and (ii) provides that that the
net proceeds, if any, from the sale of the Unsold Units, after
payment of all liabilities of Grand Ave LLC, will be deposited into
the attorney escrow account maintained by Kirby Aisner & Curley,
LLP.
In the Debtor's business judgment, the relief sought will liquidate
assets of which certain of its contingent creditors hold claims,
and satisfy those claims. From the sale of the Unsold Units,
contingent creditors (i) FYM Millbrook, LLC which filed a proof of
claim in the amount of $909,974, (ii) Savoy Bank which filed a
proof of claim in the amount of $407,500, and (iii) Board of
Managers of the Clinton Lofts Condominium which filed a proof of
claim in the amount of $2 million (which may not be paid in full
from the sales). Allowing the Debtor to close on the sale of the
Unsold Units pursuant to the Contract will greatly reduce the
unsecured creditor
body in its estate by almost $3.5 million, which will thereby
increase the percentage distribution to the remaining creditors.
A hearing on the Motion is set for Nov. 11, 2020 at 11:00 a.m.
Objections, if any, must be filed and served no later than seven
days prior to the hearing date.
A copy of the Agreements is available at
https://tinyurl.com/y6jsdweo from PacerMonitor.com free of charge.
Counsel for Debtor:
Julie Cvek Curley, Esq.
KIRBY AISNER & CURLEY LLP
700 Post Road, Suite 237
Scarsdale, NY 10583
Telephone: (914) 401-9500
Michael Maidan sought Chapter 11 protection (Bankr. E.D.N.Y. Case
No. 19-77027) on Oct. 11, 2019. The Debtor tapped Julie Cvek
Curley, Esq., at Kirby Aisner & Curley, LLP, as counsel.
MONTAGE RESOURCES: Moody's Withdraws B2 CFR After Debt Repayment
----------------------------------------------------------------
Moody's Investors Service withdrew Montage Resources Corporation's
ratings including the B2 Corporate Family Rating (CFR), the B2-PD
probability of default rating (PDR), and the B3 senior unsecured
rating. The rating action follows the full repayment and redemption
of Montage's 2023 senior unsecured notes.
Withdrawals:
Issuer: Montage Resources Corporation
Probability of Default Rating, Withdrawn, previously rated B2-PD
Speculative Grade Liquidity Rating, Withdrawn, previously rated
SGL-2
Corporate Family Rating, Withdrawn, previously rated B2
Senior Unsecured Notes, Withdrawn, previously rated B3 (LGD5)
Outlook Actions:
Issuer: Montage Resources Corporation
Outlook, Changed to Rating Withdrawn from Rating Under Review
RATINGS RATIONALE
Moody's has decided to withdraw the ratings because Montage's debt
previously rated by Moody's has been fully repaid following the
company's acquisition by Southwestern Energy Company (Ba2 stable).
Montage Resources Corporation was a publicly-traded exploration and
production company that operated in the Utica and Marcellus Shales.
Montage has been acquired by Southwestern Energy Company.
Southwestern is a US independent exploration and production (E&P)
company headquartered in Houston, Texas.
MUSCLE MAKER: Incurs $662K Net Loss in Third Quarter
----------------------------------------------------
Muscle Maker, Inc. filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $662,080 on $1.15 million of total revenues for the three months
ended Sept. 30, 2020, compared to a net loss of $2.35 million on
$1.11 million of total revenues for the three months ended Sept.
30, 2019.
For the nine months ended Sept. 30, 2020, the Company reported a
net loss of $7.65 million on $3.40 million of total revenues
compared to a net loss of $5.37 million on $3.68 million of total
revenues for the nine months ended Sept. 30, 2019.
As of Sept. 30, 2020, the Company had $12.12 million in total
assets, $5.07 million in total liabilities, and $7.05 million in
total stockholders' equity.
As of Sept. 30, 2020, the Company had a cash balance, a working
capital surplus and an accumulated deficit of $6,063,811,
$3,062,692, and $60,750,370, respectively. During the three and
nine months ended Sept. 30, 2020, the Company incurred a pre-tax
net loss of $662,080 and $7,655,768, respectively. These
conditions indicate that there is substantial doubt about the
Company's ability to continue as a going concern for at least one
year from the date of the issuance of these condensed consolidated
financial statements.
Muscle Maker said, "Although management believes that the Company
has access to capital resources, there are no commitments in place
for new financing as of the date of the issuance of these condensed
consolidated financial statements and there can be no assurance
that the Company will be able to obtain funds on commercially
acceptable terms, if at all. The Company expects to have ongoing
needs for working capital in order to (a) fund operations; plus (b)
expand operations by opening additional corporate-owned
restaurants. To that end, the Company may be required to raise
additional funds through equity or debt financing. However, there
can be no assurance that the Company will be successful in securing
additional capital. If the Company is unsuccessful, the Company
may need to (a) initiate cost reductions; (b) forego business
development opportunities; (c) seek extensions of time to fund its
liabilities, or (d) seek protection from creditors."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/Archives/edgar/data/1701756/000149315220021767/form10-q.htm
About Muscle Maker
Founded in 1995 in Colonia, New Jersey, Muscle Maker --
http://www.musclemakergrill.com/-- is a fast casual restaurant
concept that specializes in preparing healthy-inspired,
high-quality, fresh, made-to-order lean, protein-based meals
featuring chicken, seafood, pasta, burgers, wraps and flat breads.
In addition, the Company features freshly prepared entree salads
and an appealing selection of sides, protein shakes and fruit
smoothies.
The Company reported a net loss of $28.38 million for the 12 months
ended Dec. 31, 2019, compared to a net loss of $7.20 million for
the 12 months ended Dec. 31, 2018. As of June 30, 2020, the
Company had $8.92 million in total assets, $5.09 million in total
liabilities, and $3.83 million in total stockholders' equity.
Marcum LLP, in Melville, NY, the Company's auditor since 2016,
issued a "going concern" qualification in its report dated May 29,
2020, citing that the Company has a significant working capital
deficiency, has incurred significant losses and needs to raise
additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
NORTHWEST HARDWOODS: Case Summary & 30 Largest Unsecured Creditors
------------------------------------------------------------------
Lead Debtor: Northwest Hardwoods, Inc.
1313 Broadway
Suite 300
Tacoma, WA 98402
Business Description: The Debtors are manufacturers of
hardwood lumber with production
facilities, warehouses, and distribution
centers scattered across the United
States, selling a variety of domestic
hardwood lumber, exotic hardwood lumber,
hardwood plywood panel products, and
other wood products. For more
information, visit
https://www.northwesthardwoods.com.
Chapter 11 Petition Date: November 23, 2020
Court: United States Bankruptcy Court
District of Delaware
Three affiliates that concurrently filed voluntary petitions
seeking relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Northwest Hardwoods, Inc. (Lead Debtor) 20-13005
Hardwoods Intermediate Holdings II, Inc. 20-13006
Hardwoods Holdings, Inc. 20-13007
Judge: Hon. Christopher S. Sontchi
Debtors'
Bankruptcy
Counsel: David M. Feldman, Esq.
J. Eric Wise, Esq.
Matthew K. Kelsey, Esq.
Alan Moskowitz, Esq.
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, New York 10166
Tel: (212) 351-4000
Fax: (212) 351-4035
Email: dfeldman@gibsondunn.com
ewise@gibsondunn.com
mkelsey@gibsondunn.com
amoskowitz@gibsondunn.com
Debtors'
Co-Bankruptcy
Counsel: Sean M. Beach, Esq.
Jacob D. Morton, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
Email: sbeach@ycst.com
jmorton@ycst.com
Debtors'
Financial
Advisor: HURON CONSULTING SERVICES LLC
Debtors'
Claims,
Noticing,
Balloting &
Administrative
Agent: PRIME CLERK LLC
https://cases.primeclerk.com/NWH/Home-Index
Estimated Assets
(on a consolidated basis): $100 million to $500 million
Estimated Liabilities
(on a consolidated basis): $100 million to $500 million
The petitions were signed by Nathan Jeppson, chairman, president,
and CEO.
A copy of Northwest Hardwoods' petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/CSBTDBI/Northwest_Hardwoods_Inc__debke-20-13005__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
------ --------------- ------------
1. Keystone Transportation Promissory Note $2,432,500
Solutions
c/o Chap Petersen &
Associates Plc Trust Account
3970 Chain Bridge Road
Fairfax, VA 22030
United States
Chap Petersen
Tel: (703) 277-9704
Fax: (703) 591-9285
Email: jcp@petersentfirm.com
2. Superior Hardwoods Trade Debt $2,175,889
of Ohio
PO Box 606
Wellston, OH 45692
United States
Adam Conway
Tel: (740) 352-3130
Email: aconway@shlumber.com
3. PT Basirih Industrial Trade Debt $998,529
Jl. Telaga Baru Trisakti
Banjarmasin 70245
Indonesia
Dani Sjahalam
Tel: (702) 498-4485
Email: dsa64@aol.com
4. Weyerhaeuser –Logs Trade Debt
$511,541
PO Box 638
Longview, WA 98632
United States
Michael Brady
Tel: (206) 539-4035
Email: mike.brady@weyerhaeuser.com
5. Dingess Lumber Trade Debt $417,695
4220 Scenic Highway
Summersville, WV 26651
United States
Johnny Gum
Tel: (304) 872-1734
Email: jgum@wvwood.com
6. Sitco LLC Trade Debt $360,496
10492 Hwy 52 S
Dubuque, IA 52003-9723
United States
Michelle Madison
Tel (563) 557-8618
Email: SITCOLLC@GMAIL.COM
7. Cornerstone Systems Inc. Trade Debt $213,917
3250 Players Club Pkwy
Memphis, TN 38125-8844
United States
Joseph Hulsey
Tel: 901-333-7125
Email: jhulsey@cornerstone-systems.com
8. Laurel Creek Hardwoods Trade Debt $170,507
PO Box 786
Richwood, WV 26261
United States
Sharon Glasscock
Tel: (304) 846-6242
Email: skglasscock@hotmail.com
9. AFCO Credit Corp. Trade Debt $168,429
1133 Avenue of the Americas,
Suite 2735-39
New York, NY 10036
United States
Stephen Lewis
Tel: (800) 288-6901
Email: stephen.lewis@afco.com
10. Concannon Lumber Co Trade Debt $161,388
1300 Lower Road, Bldg 806
Door 605
Linden, NJ 07036
United States
Bobby Hansen
Tel: (503) 231-8881
Email: Bobby.Hansen@Concannonlumber.com
11. Epicor Software Canada Trade Debt $160,408
Limited
804 Las Cimas Parkway
Austin, TX 78746
United States
Ryan Filek
Tel: (250) 260-6474
Email: rfilek@epicor.com
12. Fanernyiy Zavod LLC Trade Debt $157,886
Revolyutsii Prospect, 29B,
Office 302
Voronezh 394000 Russia
Pozdnyakov Sergey
Tel: +7 81733-3-50-65
Email: fanemy.zavod@yandex.ru
13. FEA Subsidiary Inc Trade Debt $143,753
5410 McConnell Avenue
Los Angeles, CA 90066
United States
Greg Simon
Tel: (800) 822-8977
Email: gsimon@feaco.com
14. Blough Hardwoods Inc. Trade Debt $139,855
9975 W Clarksville Road
Clarksville, MI 48815-9604
United States
Liz Blough
Tel: (616) 693-2174
Email: lizblough@hotmail.com
15. Transindo USA Inc. Trade Debt $138,416
20265 Valley Blvd, Suite B/C
Walnut, CA 91789
United States
Samuel Suleiman
Tel: (909) 444-0499
Email: Samuel@Transindousa.com
16. Buskirk Lumber Co. Trade Debt $136,334
319 Oak Street
Freeport, MI 49325
United States
Paul Kamps
Tel: (616) 765-5103
Email: paul@buskirklumber.com
17. Crest Transportation Trade Debt $129,050
Logistics LLC
7541 Crater Lake Hwy
White City, OR 97503
United States
Priscilla Zambrano
Tel: 541-973-2330
Email: priscilla@cresttransinc.com
18. Post Hardwoods Inc Trade Debt $125,864
3544 38th St
Hamilton, MI 49419-9561
United States
Robert Post
Tel: (269) 751-2221
Email: posthardwoods@gmail.com
19. Wagner Hardwoods LLC Trade Debt $117,672
PO Box 68
Cayuta, NY 14824-0068
United States
Brian Sexton
Tel: (607) 594-3321
Email: bsexton@wagnerlumber.com
20. Maple Rapids Lumber Mill Inc. Trade Debt $116,636
6366 N Forest Hill Rd
Saint Johns, MI
48879-9731 United States
Catherine Childers
Tel: (989) 682-4225
Email: cathy@maplerapidslumber.com
21. Meherrin River Trade Debt $116,591
Forest Products
71 North Oak St
Alberta, VA 23821
United States
Sharon Sheldon
Tel: (434) 949-7707
Email: sharon@meherrinriver.com
22. Besse Forest Products Inc. Trade Debt $112,275
933 N 8th St
PO Box 352 Gladstone, MI
49837 United States
Dennis Gustafson
Tel: (715) 532-6026
Email: dgustafson@bessegroup.com
23. Hardwoods Specialty Trade Debt $109,910
Products US LP
845 Intermodal Drive Unit 3
Brampton, ON L6T 0C6
United States
Dave Leonard
Tel: (866) 255-5545
Email: dleonard@hardwoods-inc.com
24. Oldcastle Apg, Inc. Trade Debt $107,417
3 Glenlake Pkwy 12Th Floor
Atlanta, GA 30328
United States
Mathew Bruce
Tel: (201) 610-6600
Email: Mathew.Bruce@oldcastle.com
25. FIA Timber Growth and Trade Debt $107,342
Value PA LLC
15 Piedmont Center Suite 1250
Atlanta, GA 30305
United States
Brian Blankenship
Tel: (404) 261-9575
Email: bblankenship@forestinvest.com
26. Turman Sawmill Inc. Trade Debt $103,785
PO Box 475
Hillsville, VA 24343
United States
Lee Dougherty
Tel: (276) 733-9333
Email: lee@theturmangroup.com
27. Crownover Lumber Co Inc Trade Debt $103,431
501 Fairview Avenue
PO Box 301
McArthur, OH 45651
United States
Brody Crownover
Tel: (740) 596-5229
Email: brodycrownover@yahoo.com
28. Zurich North America Trade Debt $101,808
8734 Paysphere Circle
Chicago, IL 60674
United States
Chris Colwell
Tel: (312) 496-9358
Email: chris.colwell@zurichna.com
29. Syktyvkar Plywood Trade Debt $99,755
Mill Limited
66 Ukhtinskoye Ave
Syktyvkar Komi Republic
167026 Russia
Garbuzyuk V.M.
Tel: +7 (8212) 29-37-73
30. XPO Logistics Drayage LLC Trade Debt $97,750
13777 Ballantyne Corporate
Pl Charlotte, NC
28262 United States
Larry Kuharevicz
Tel: 630-645-6530
Email: Larry.Kuharevicz@xpo.com
OASIS PETROLEUM: Court Enters Plan Confirmation Order
-----------------------------------------------------
Judge Marvin Isgur has entered findings of fact, conclusions of law
and order approving the Disclosure Statement and confirming the
Joint Prepackaged Chapter 11 Plan of Reorganization of Oasis
Petroleum Inc. and its Debtor Affiliates.
The Debtors, as proponents of the Plan, have met their burden of
proving the applicable elements of Section 1129(a) of the
Bankruptcy Code by a preponderance of the evidence, which is the
applicable evidentiary standard for Confirmation. In addition, and
to the extent applicable, the Plan is confirmable under the clear
and convincing evidentiary standard.
The Plan satisfies the requirements of Section 1123(a)(5) of the
Bankruptcy Code. The provisions in Article IV and elsewhere in the
Plan, and in the exhibits and attachments to the Plan and the
Disclosure Statement, provide, in detail, adequate and proper means
for the Plan's implementation.
The exculpation, described in Article VIII.E of the Plan (the
"Exculpation"), is appropriate under applicable law because it was
proposed in good faith, was formulated following extensive
good-faith, arm's-length negotiations with key constituents, and is
appropriately limited in scope.
The Debtors have proposed the Plan in good faith and not by any
means forbidden by law. In so determining, the Court has examined
the totality of the circumstances surrounding the filing of these
Chapter 11 Cases, the Plan, the Restructuring Support Agreement,
the process leading to Confirmation, including the overwhelming
support of holders of Claims and Interests for the Plan, and the
transactions to be implemented pursuant thereto.
A full-text copy of the Plan Confirmation Order dated November 10,
2020, is available at https://tinyurl.com/y3oxnevp from
PacerMonitor.com at no charge.
Proposed Co-Counsel for the Debtors:
Bruce J. Ruzinsky
Matthew D. Cavenaugh
Jennifer F. Wertz
Vienna F. Anaya
JACKSON WALKER L.L.P.
1401 McKinney Street, Suite 1900
Houston, Texas 77010
Telephone: (713) 752-4200
Facsimile: (713) 752-4221
Email: bruzinsky@jw.com
Email: mcavenaugh@jw.com
Email: jwertz@jw.com
Email: vanaya@jw.com
Proposed Co-Counsel for the Debtors:
Brian Schartz, P.C.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
609 Main Street
Houston, Texas 77002
Telephone: (713) 836-3600
Facsimile: (713) 836-3601
Email: brian.schartz@kirkland.com
- and -
Chad J. Husnick, P.C.
David L. Eaton
John Luze
300 North LaSalle Street
Chicago, Illinois 60654
Telephone: (312) 862-2000
Facsimile: (312) 862-2200
Email: chad.husnick@kirkland.com
david.eaton@kirkland.com
john.luze@kirkland.com
- and -
AnnElyse Scarlett Gains
1301 N. Pennsylvania Ave., N.W.
Washington, D.C. 20004
Telephone: (202) 389-5000
Facsimile: (202) 389-5200
Email: annelyse.gains@kirkland.com
About Oasis Petroleum
Headquartered in Houston, Texas, Oasis
--http://www.oasispetroleum.com/-- is an independent exploration
and production company focused on the acquisition and development
of onshore, unconventional crude oil and natural gas resources in
the United States. Its primary production and development
activities are located in the Williston Basin in North Dakota and
Montana, with additional oil and gas properties located in the
Delaware Basin in Texas.
Oasis reported a net loss attributable to the company of $128.24
million for the year ended Dec. 31, 2019, compared to a net loss
attributable to the company of $35.29 million for the year ended
Dec. 31, 2018.
For the six months ended June 30, 2020, the Company reported a net
loss attributable to the company of $4.40 billion on $554.15
million of total revenues compared to a net loss attributable to
the company of $72.12 million on $1.10 billion of total revenues
for the same period in 2019.
As of June 30, 2020, the Company had $2.62 billion in total assets,
$3.21 billion in total liabilities, and a total stockholders'
deficit of $589.91 million.
On Sept. 30, 2020, Oasis Petroleum Inc. and its affiliates sought
Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 20-34771).
The Hon. Marvin Isgur is the case judge.
The Debtors tapped KIRKLAND & ELLIS LLP as counsel; JACKSON WALKER
L.L.P. as co-bankruptcy counsel; TUDOR, PICKERING, HOLT & CO. and
PERELLA WEINBERG PARTNERS LP as investment banker; and ALIXPARTNERS
LLP as financial advisor. KURTZMAN CARSON CONSULTANTS LLC is the
claims agent. PRICEWATERHOUSECOOPERS is the external auditor and
DELOITTE TOUCHE TOHMATSU LIMITED is the tax advisor.
Evercore is acting as financial advisor and Paul, Weiss, Rikind,
Wharton & Garrison LLP and Porter Hedges LLP are acting as legal
advisors to the Ad Hoc Committee of Senior Noteholders.
OCCIDENTAL PETROLEUM: S&P Lowers ICR to 'BB-', Outlook Negative
---------------------------------------------------------------
S&P Global Ratings lowered its ratings on U.S.-based exploration
and production (E&P) company Occidental Petroleum Corp.(OXY),
including its issuer credit rating and unsecured issue-level
ratings, to 'BB-' from 'BB+'. S&P's '3' recovery rating (50%-70%
recovery) on the company's unsecured debt remains unchanged, though
it revised its rounded recovery estimate to 55% from 50%.
The downgrade primarily reflects OXY's highly leveraged capital
structure resulting from last year's acquisition of Anadarko
Petroleum, which continues to be burdensome amid an increasingly
challenging industry environment.
S&P said, "Based on our current oil and gas price assumptions, we
expect average debt/EBITDA above 7x (on an adjusted basis) for the
next two years, with FFO/debt below 12% during that timeframe.
Accordingly, we anticipate a slower pace of deleveraging than our
prior estimates and believe a meaningful reduction in leverage will
require a blend of accretive asset sales and higher commodity
prices along with maintenance of a conservative financial policy.
Additionally, we expect lower production and the potential loss of
cash flow associated with divestitures could constrain EBITDA
despite significant savings on overhead and operating costs
achieved this year. We acknowledge that OXY's reduced capital
budget and common dividends have helped accelerate cash flow
generation, and are forecasting positive discretionary cash flow in
2021 while noting the potential for further cost improvements. The
company has surpassed its $2 billion divestiture target for 2020,
and we expect asset sales to be an ongoing process; albeit in a
tough market. As we assess OXY's credit risk and leverage
trajectory, we are also mindful of broader industry headwinds
including demand uncertainty and investors' growing aversion to the
oil and gas industry because of poor returns on investment. We have
applied a negative comparable rating analysis modifier to capture
some of the aforementioned factors, as well as risk from various
contingent liabilities and the company's lack of downside hedges on
oil for 2021 and beyond."
"We believe the company's cumbersome near-term debt maturity
schedule should be manageable with a combination of refinancing,
asset sales, and cash flow generation. After refinancing and
repaying a substantial share of debt maturing over the next three
years, only $1.1 billion is due in 2021, followed by a heavier $4
billion in 2022 and $1.2 billion in 2023. We believe OXY could
return to market next year after raising $5 billion of unsecured
notes this summer, and the company is already targeting $2
billion-$3 billion of incremental divestitures in 2021--which would
also reduce leverage. The company ended the third quarter with
approximately $7 billion of total liquidity, which provides a
backstop against capital market volatility and uncertainty around
the magnitude and timing of various potential legal challenges as
well as an annual put option on the company's zero coupon notes due
2036. Furthermore, OXY's current secured debt capacity of up to $11
billion could provide another avenue for liability management,
although that could require modifications or redemption of certain
debt in order to access the full amount. We anticipate positive
discretionary cash flow in 2021, and the company's ability to pay
its $200 million quarterly preferred dividend with common shares
instead of cash (as it did for two quarters this year) provides yet
another lever for cash flow preservation and debt reduction."
OXY's wide breadth of operations in the U.S., Middle East, and
Africa provides additional divestiture opportunities with current
activity mostly focused on unconventional Permian production.
Recent divestitures, highlighted by the sale of its onshore
Colombia assets, Wyoming land grant, and the WES note-for-unit
exchange, have elevated post-Anadarko total divestitures to
approximately $8 billion. However, the company remains shy of its
original $10 billion-$15 billion asset sale target. While initially
planned sales of assets in Algeria and Ghana were unsuccessful,
Ghana still appears to be part of a broader effort expected to net
another $2 billion-$3 billion of divestitures in 2021. That could
also include a package of WES units since the company intends to
pare its stake (which is currently valued at more than $2 billion)
in the limited partnership. Furthermore, OXY benefits from the cash
flow diversity its chemicals and midstream businesses provide,
which helps reduce cyclical volatility. As the company heads into
2021, S&P expects management to prioritize debt reduction and
mitigating production decline with a maintenance capital budget of
just under $3 billion. Drilling activity will likely remain
concentrated in the Permian Basin, where the company is in the
process of adding multiple rigs.
S&P said, "Our negative outlook on OXY reflects our expectation
that the company will remain highly leveraged with average
debt/EBITDA above 7x and FFO/debt below 12% over the next two years
based on our current oil and gas price forecast. We believe
improvement in overall leverage will continue to depend on a
combination of stronger commodity prices and debt reduction through
additional asset sales."
"We could downgrade OXY if the company fails to meaningfully reduce
debt in the next 12 months. This could occur if the company does
not meet our cash flow expectations and is unable to execute
accretive asset sales. We could also lower the rating if, contrary
to our expectations, we believe OXY has become overly reliant on
capital markets, aggressively spends capital, or favors shareholder
returns over debt reduction."
"We could revise the outlook to stable if the company's financial
metrics improve relative to our base-case scenario, such that
debt/EBITDA decreases to comfortably below 7x with FFO/debt closer
to 12%. The company would also need to continue addressing
near-term debt maturities, maintain at least adequate liquidity,
and have a plausible path to further deleveraging. This would most
likely occur if commodity prices improve or if asset sales exceed
our expectations."
PACKERS HOLDINGS: Fitch Affirms B- LT IDR, Outlook Stable
---------------------------------------------------------
Fitch Ratings has affirmed Packers Holdings, LLC's (PKR) Long-Term
Issuer Default Rating (IDR) at 'B-'. In addition, Fitch has
assigned a 'B+'/'RR2' long-term rating to the company's proposed
incremental first lien secured term loan, and has affirmed the
long-term ratings on the company's outstanding senior first lien
secured term loans and revolver at 'B+'/'RR2'. The Rating Outlook
is Stable.
Fitch views the issuance of the incremental term loan, which will
be used to finance a shareholder dividend, as a credit negative
event. However, Fitch also believes the risk of leveraging actions
is captured in PKR's 'B-' IDR, possibly limiting positive rating
momentum in the future should the company meet other positive
rating triggers.
PKR's Long-Term IDR is supported by its strong cash flow
generation, leading market position as the largest contract
sanitation company serving the food processing industry in North
America, and the high degree of regulation within the markets in
which it operates. The rating is further supported by the company's
consistent and expanding profit margins and long-established,
blue-chip customer relationships. These positive factors are offset
by PKR's customer concentration and by the company's elevated
leverage and aggressive financial policy.
The Stable Outlook reflects Fitch's expectations that the company's
leverage will likely remain elevated over the long term as a result
of relatively aggressive shareholder activities, such as the
debt-funded dividend distribution proposed in the current
transaction, as well as the one executed in May 2019. In the
absence of distributions, Fitch believes the company has capacity
to delever either organically or through cash-funded bolt-on
acquisitions. Fitch views the company's cash flow generation,
market position, and operating profile as favorable and strong for
the 'B-' rating. Customer concentration will likely remain a
concern over the next few years, although this risk is mitigated
somewhat as individual contracts are typically negotiated on a
facility by facility basis. Expansion into new end-markets could
also broaden the company's exposure over time.
KEY RATING DRIVERS
Elevated Leverage: PKR's leverage (gross debt/EBITDA) remains a
significant factor when considering the company's rating. Fitch
expects leverage will remain elevated but stable over the rating
horizon as the sponsor monetizes its investment through
distributions. The company would outperform Fitch's expectations if
there were any material voluntary debt repayments, or if the
company shifts to a more conservative capital deployment strategy
and avoids further material shareholder friendly, leveraging
transactions, such as sponsor dividend recapitalizations. Fitch
currently doesn't expect a meaningful change in capital deployment
strategy. Fitch cites that the company's consistent profitability,
long-standing customer relationships and mission-critical nature as
mitigants to elevated leverage.
Strong Market Position: As the largest contract sanitation company
for the food-processing industry in North America, PKR has a
limited set of competitors that can fully service large plants or
quickly relocate resources to address customer needs. The
industrial food preparation segment is highly fragmented across the
U.S. and Canada with a large concentration of closely held regional
players; however, PKR is approximately three times the size, based
on the number of facilities, of its closest competitor, The Vincent
Group-QSI.
Bolt-on Acquisitions Likely: Despite being the largest firm in the
industry, there are opportunities for expansion through further
penetration into additional plants of existing customers, or
through acquisition. The firm has completed several acquisitions in
the past five years, typically with a size of less than $30 million
and financed primarily through internally generated cash. Fitch
expects this will remain part of PKR's overall strategy over the
next several years, particularly as the company aims to expand in
geographies and end-markets where it has a smaller presence.
Strong Profitability, FCF: Fitch considers PKR's stable margins,
growing revenue base, and strong FCF as more commensurate with a
higher than 'B-' rating. The company has generated positive FCF
over the last several years, and Fitch expects this to continue
through 2023. The company has implemented and executed on several
cost cutting initiatives over the past two to three years,
particularly in regards to training and employee retention. Fitch
expects these initiatives will result in EBITDA margins remaining
steady over the rating horizon.
Coronavirus Impact: Fitch expects the impact of the coronavirus
pandemic on PKR's top and bottom line to be minimal. Although many
of PKR's customers' plants have experienced closures, individual
incidents have been brief. PKR is also heavily involved in the
additional sanitation required to reopen. Raw materials sales in
the company's Chemicals segment have also benefitted from the
pandemic.
The coronavirus pandemic has also highlighted the importance of
sanitation regulations, and Fitch believes such standards are
increasing, further strengthening PKR's position and expanding the
available opportunities for the company. Fitch assesses PKR's
function as mission-critical for its customers such as JBS or
Cargill as opposed to other plant production costs that may be
delayed, such as maintenance or capex for machinery. Sanitation
usually represents less than 5% of a customer's plant's cost
structure.
Necessity of Service: Fitch believes the company's rating is
supported by its clear position within the market. All U.S. protein
plants are USDA-inspected daily prior to opening. Protein plants
must pass these daily inspections or be subject to fines, citations
and production delays with costs running in the tens of thousands
of dollars per hour. In addition, non-protein plants are regularly
reviewed by the FDA with end-customers such as Walmart, McDonalds
and Subway driving higher sanitation standards.
Positive Industry Trends: PKR's credit risk is somewhat reduced by
several current broad markets trends that are likely to continue
over the medium term, even absent the coronavirus pandemic, which
will likely strengthen these trends. As the grocery segment
continues to see pricing pressure from online retailers, both
protein and non-protein producers will seek to further streamline
production by outsourcing additional functions such as human
resources and sanitation. Fitch believes that effective staffing is
a core competency of PKR as the company has approximately 17,000
full-time employees, no union representation and employee turnover
that is below industry average.
An additional source of demand is the increased regulatory
complexity across various food categories coupled with increasingly
unannounced FDA audits. Finally, PKR's management notes that the
growing presence of automation in the food processing arena has in
many cases led to increased demand for sanitation services as a
growing number of mechanical components need to be disassembled,
sanitized and reassembled by its trained staff.
Customer Concentration: Fitch considers PKR's customer
concentration to be one of its more material concerns. Fitch
estimates the company's top five customers comprise approximately
half of the company's revenue. The loss of any of these top
customers would significantly impact the company's financial
performance and subsequently its credit profile. PKR's strong
market position offsets some of Fitch's concerns, while the
concentration is mitigated by the fact that these relationships are
spread out across dozens of unique plants that have discrete plant
managers, each responsible for plant performance and regulatory
compliance, who decide to employ PKR's services.
Additionally, contracts are typically negotiated on a
plant-by-plant basis, rather than on a corporate level, though
corporate relationships can impact broader wins, renewals, and
losses. They typically have high renewal rates; which Fitch expects
to be between 90% and 95% on average.
PKR has historically implemented relatively aggressive
shareholder-friendly actions such as debt-funded sponsor dividends,
which Fitch expects to continue over the rating horizon. Fitch
believes the company will organically delever through debt
amortization and EBITDA growth, but that it will then issue
incremental debt to pay a special dividend and maintain elevated
leverage. These actions are incorporated in the company's 'B-' IDR
and are somewhat offset by the company's capacity to pay down debt
using internally generated cash flow if there was a meaningful
change to capital deployment strategy.
DERIVATION SUMMARY
PKR compares favorably to its (industry) peers in terms of cash
flow generation, strategy and profitability. In particular, Fitch
considers the company's FCF margins and stable margins to be
exceptional compared to similar-rated companies. Fitch also
considers PKR to be differentiated from its other 'B-' rated peers
due to its strong market position within its segment. Many other
companies in the 'B' category operate in highly fragmented markets
with minimal competitive advantage. The company's rating is
somewhat limited due to its leverage, which is high, but relatively
in line with similarly rated companies. The propensity for
shareholder focused leveraging transactions was also a rating
consideration. There are no parent/subsidiary, country ceiling, or
operating environment influences or constraints on this rating.
KEY ASSUMPTIONS
Fitch's Key Assumptions Within Its Rating Case for the Issuer
-- Mid-single digit annual organic growth over the rating
horizon, coupled with modest bolt-on acquisitions; Minimal top-line
impact from coronavirus pandemic;
-- Modest annual bolt-on or supplemental acquisitions,
predominantly funded with internally generated cash;
-- Additional cash deployment is allocated towards reinvestment
in the company and sponsor dividends;
-- Minimal voluntary debt reduction, with intermittent leveraging
transactions such as a dividend recapitalization keeping leverage
around or above our positive sensitivity of 6.5x over the long
term;
-- EBITDA margins stable throughout forecast with increased
marketing and corporate expenses offset by effects of improved
employee training, employee retention and cost savings
initiatives;
-- Modest capex investment of less than 1% of total revenue.
Recovery Analysis:
The recovery analysis assumes Packers Holdings would be reorganized
rather than liquidated, and would be considered on a going concern
(GC). Fitch has assumed a 10% administrative claim in the recovery
analysis.
In Fitch's recovery analysis, potential default is assumed to come
from a combination of one or more of the following: a prolonged
economic downturn leads to one or more major customers to close a
significant number of facilities; customers shifting to insource a
high percentage of currently outsourced contracts; or loss of more
than one of the company's major customers.
Fitch's GC EBITDA assumptions reflect the equivalent of PKR losing
one of its top two customers along with at least one of its
remaining top five customers, resulting in each a revenue and
EBITDA decline of approximately 20% compared to Fitch's rating
case, as margins also decline modestly.
Fitch expects the EV multiple used in Packers' recovery analysis
will be approximately 6.5x. Fitch believes the company's business
profile and market position are strong, despite the highly
leveraged capital structure. PKR has consistently generated
positive FCF and stable margins, while growing organically. Fitch's
EV multiple also considers the approximately 13x transaction
multiple when Leonard Green (sponsor) purchased Packers in 2014.
The $60 million senior first lien secured revolving credit facility
is assumed to be fully drawn upon default. The revolver and senior
first lien secured term loan are senior to the senior unsecured
notes in the waterfall.
The waterfall incorporates the negative impact of the incremental
term loan although the recovery remains between 71% and 90% for the
senior first lien revolver and term loans. This corresponds to a
Recovery Rating of 'RR2'.
RATING SENSITIVITIES
Factors That May, Individually or Collectively, Lead to Positive
Rating Action:
-- Shift to a consistently conservative financial policy
-- Leverage (gross debt/EBITDA) below 6.0x for a sustained
period;
-- FFO leverage below 6.0x for a sustained period.
Factors That May, Individually or Collectively, Lead to Negative
Rating Action:
-- FFO Interest Coverage sustained below 1.7x;
-- Leverage and FFO leverage consistently above 7.5x;
-- Multiple consecutive periods of negative FCF;
-- Loss of a major customer.
LIQUIDITY AND DEBT STRUCTURE
Adequate Liquidity: Fitch considers PKR's proforma liquidity to be
adequate at approximately $83 million as of November 2020,
comprised of $23 million of cash and equivalents and $60 million of
revolver availability. The company has a relatively nimble
operating structure and minimal annual maintenance capital
expenditures. Its liquidity is also supported by the company's
positive FCF generation, which Fitch expects to continue over the
rating horizon. Fitch does not consider any of the company's cash
to be restricted, and Fitch does not believe the company requires a
material cash balance to sustain operations given its lean
operating structure and minimal fixed costs. Fitch considers the
company's capital structure and maturity schedule to be relatively
favorable, with its nearest term maturity being the term loans in
2024.
REFERENCES FOR SUBSTANTIALLY MATERIAL SOURCE CITED AS KEY DRIVER OF
RATING
The principal sources of information used in the analysis are
described in the Applicable Criteria.
ESG CONSIDERATIONS
Packers Holdings, LLC has an ESG Relevance Score of '4' for
Governance Structure due to its exposure to board independence
risk, due to sponsor ownership and potential for aggressive
shareholder distributions, which has a negative impact on the
credit profile and is relevant to the ratings in conjunction with
other factors.
Unless otherwise disclosed in this section, the highest level of
ESG credit relevance is a score of '3'. This means ESG issues are
credit-neutral or have only a minimal credit impact on the entity,
either due to their nature or the way in which they are being
managed by the entity.
PEORIA REGIONAL: President Buying Surplus Equipment for $6.5K
-------------------------------------------------------------
Peoria Regional Medical Center, LLC, asks the U.S. Bankruptcy Court
for the District of Arizona to authorize the sale of the following
two non-functional machines outside the ordinary course of
business: (i) an Aespire a5 Anesthesia machine and (ii) a Mindray
MPM6 machine with related supplies/attachments and ventilators, to
Justin R. Ahlman, M.D. for $6,500.
Due to the contraction of its cases, the Debtor is only operating
one operating room currently and does not expect that to change in
the near future. It currently has four anesthesia machines. Of
those four, one is non-operational and the other would require
extensive maintenance for it to be useable in surgery. It has two
operational machines, one as the primary and the second as a
backup.
Rather than spend bankruptcy estate funds to repair the Surplus
Equipment, the Debtor proposes to sell them. It has researched the
likely sale values (trade-in and replacement) from its medical
equipment supplier and other parties, and the estimates it has
received have been approximately $5,000 for the Surplus Equipment.
The Debtor's president and medical officer, the Buyer, offers to
purchase the Surplus Equipment for the sum of $6,500.
Regions Bank is the holder of a perfected security interest against
the Surplus Equipment. The Debtor contacted Regions Bank through
counsel about the proposed sale, and the bank has stated its
consent. The proceeds of the sale would be paid to Regions Bank to
pay down its secured claim.
About Peoria Regional Medical Center
Headquartered in Mesa, Arizona, Peoria Regional Medical Center,
LLC, a/k/a Peoria Hospital LLC, owns an unfinished medical center
located at 26320 Lake Pleasant Parkway, Peoria, Arizona. The
medical center was intended to be the city's first full-service
general acute-care hospital. The Peoria Building Board of Appeals
had ordered the demolition of the structure indicating that the
structure was an unattractive nuisance and a hazardous building.
Peoria Regional Medical Center filed for Chapter 11 bankruptcy
protection (Bankr. D. Ariz. Case No. 17-11742) on Oct. 4, 2017,
estimating its assets at up to $50,000 and its liabilities at
between $1 million and $10 million. The petition was signed by
Timothy A. Johns, manager.
Judge Scott H. Gan presides over the case.
Heather Ann Macre, Esq., at Aiken Schenk Hawkins & Ricciardi P.C.,
serves as the Debtor's bankruptcy counsel.
No official committee of unsecured creditors has been appointed in
the Debtor's case.
PROFESSIONAL FINANCIAL: Proposes Auction Sale of Holiday Items
--------------------------------------------------------------
Professional Financial Investors, Inc., and its affiliates ask the
U.S. Bankruptcy Court for the Northern District of California to
authorize the auction sale of assets, consisting mainly of
Christmas items, geodes (rocks lined with crystals), and other
consumer-related inventory, free and clear of any and all liens,
claims or interests.
The Assets do not generate any income for the Debtors, are
unnecessary to their continued operations, and are not subject to
any known liens. The Debtors believe the Assets are likely to sell
for a total of less than $100,000 and perhaps substantially less
than that amount. The primary reasons they ask to sell the Assets
are to (i) stop paying the costs of storing the Assets, (ii) get
the property where many of the Assets are located ready for sale,
and (iii) avoid the costs of disposing the Assets.
The Debtors propose to have an experienced disposition firm
publicly advertise and attempt to sell the Assets by public
negotiated sale and/or public auction to the highest bidder and
have separately filed an application to employ Auctioneer to
conduct the sales. With respect to any items not sold by Jan. 15,
2021, the Debtors ask that the Court grants them leave to dispose
of those items.
The Debtors have concurrently filed a motion for entry of an order
authorizing the employment of Silicon Valley Disposition, Inc. to
sell the assets. The Auctioneer has more than 20 years of
experience in liquidating machinery and equipment both in and out
of bankruptcy, and has conducted liquidation sales in various
assignments for the benefit of creditors and in bankruptcy cases.
Finally, the Debtors ask that the Court waives the stay period
imposed by Bankruptcy Rule 6004(h), as many of the items are
holiday items that will lose value if they are not sold
sufficiently in advance of the holidays.
A telephonic hearing on the Motion is set for Nov. 12, 2020 at
10:00 a.m.
About Professional Financial Investors
Professional Financial Investors, Inc., and Professional Investors
Security Fund, Inc. are both engaged in activities related to real
estate.
On July 16, 2020, a group of creditors filed an involuntary Chapter
11 petition (Bankr. N.D. Cal. Case No. 20-30579) against
Professional Investors. On July 26, 2020, Professional Financial
sought Chapter 11 protection (Bankr. N.D. Cal. Case No. 20-30604).
The cases are jointly administered under Case No. 20-30604.
At the time of the filing, Professional Financial disclosed assets
of between $100 million and $500 million and liabilities of the
same range.
Judge Dennis Montali oversees the cases.
Ori Katz, Esq., at Sheppard, Mullin, Richter & Hampton, LLP, is the
Debtors' legal counsel. Debtors have also tapped Trodella & Lapping
LLP as their conflicts counsel and Ragghianti Freitas LLP,
Weinstein & Numbers LLP, Wilson Elser Moskowitz Edelman & Dicker
LLP, and Nardell Chitsaz & Associates as their special counsel.
Michael Hogan of Armanino LLP was appointed as Debtors' chief
restructuring officer. FTI Consulting, Inc., is the financial
advisor.
On Aug. 19, 2020, the Office of the U.S. Trustee appointed a
committee of unsecured creditors. The committee is represented by
Pachulski Stang Ziehl & Jones, LLP.
PROFESSIONAL INVESTORS 24: Involuntary Chapter 11 Case Summary
--------------------------------------------------------------
Alleged Debtor: Professional Investors 24, LLC
350 Ignacio Blvd.
Suite 300
Novato, CA 94949
Type of Business: Professional Investors 24, LLC is a Single
Asset Real Estate debtor (as defined in 11
U.S.C. Section 101(51B)).
Involuntary Chapter
11 Petition Date: November 20, 2020
Court: United States Bankruptcy Court
Northern District of California
Case Number: 20-30924
Judge: Hon. Hannah L. Blumenstiel
Name of Petitioner: Professional Financial Investors, Inc.
350 Ignacio Blvd., Suite 300
Novato, CA 94949
Nature of Claim &
Claim Amount: Intercompany Loan, $1,429,808
Petitioner's Counsel: Ori Katz, Esq.
Barret J. Marum, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Franciso, CA 94111
Tel: 415-434-9100
Email: okatz@sheppardmullin.com
bmarum@sheppardmullin.com
A copy of the Involuntary Petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/KMFTHYA/Professional_Investors_24_LLC__canbke-20-30924__0001.0.pdf?mcid=tGE4TAMA
PROFESSIONAL INVESTORS 25: Involuntary Chapter 11 Case Summary
--------------------------------------------------------------
Alleged Debtor: Professional Investors 25, LLC
350 Ignacio Blvd.
Suite 300
Novato, CA 94949
Type of Business: Professional Investors 25, LLC is a Single
Asset Real Estate debtor (as defined in 11
U.S.C. Section 101(51B)).
Involuntary Chapter
11 Petition Date: November 20, 2020
Court: United States Bankruptcy Court
Northern District of California
Case Number: 20-30925
Name of Petitioner: Professional Financial Investors, Inc.
350 Ignacio Blvd., Suite 300
Novato, CA 94949
Nature of Claim &
Claim Amount: Intercompany Loan, $711,644
Petitioner's Counsel: Ori Katz, Esq.
Barret J. Marum, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Franciso, CA 94111
Tel: 415-434-9100
Email: okatz@sheppardmullin.com
bmarum@sheppardmullin.com
A copy of the Involuntary Petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/MH3W6YQ/Professional_Investors_25_LLC__canbke-20-30925__0001.0.pdf?mcid=tGE4TAMA
PROFESSIONAL INVESTORS 32: Involuntary Chapter 11 Case Summary
--------------------------------------------------------------
Alleged Debtor: Professional Investors 32, LLC
350 Ignacio Blvd.
Suite 300
Novato, CA 94949
Type of Business: Professional Investors 32, LLC is a Single
Asset Real Estate debtor (as defined in 11
U.S.C. Section 101(51B)).
Involuntary Chapter
11 Petition Date: November 20, 2020
Court: United States Bankruptcy Court
Northern District of California
Case Number: 20-30934
Judge: Hon. Hannah L. Blumenstiel
Name of Petitioner: Professional Financial Investors, Inc.
350 Ignacio Blvd., Suite 300
Novato, CA 94949
Nature of Claim &
Claim Amount: Intercompany Loan, $129,000
Petitioner's Counsel: Ori Katz, Esq.
Barret J. Marum, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Franciso, CA 94111
Tel: 415-434-9100
Email: okatz@sheppardmullin.com
bmarum@sheppardmullin.com
A copy of the Involuntary Petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/BT345KI/Professional_Investors_32_LLC__canbke-20-30934__0001.0.pdf?mcid=tGE4TAMA
PROFESSIONAL INVESTORS 33: Involuntary Chapter 11 Case Summary
--------------------------------------------------------------
Alleged Debtor: Professional Investors 33, LLC
350 Ignacio Blvd.
Suite 300
Novato, CA 94949
Type of Business: Professional Investors 33, LLC is a Single
Asset Real Estate debtor (as defined in 11
U.S.C. Section 101(51B)).
Involuntary Chapter
11 Petition Date: November 20, 2020
Court: United States Bankruptcy Court
Northern District of California
Case Number: 20-30935
Judge: Hon. Hannah L. Blumenstiel
Name of Petitioner: Professional Financial Investors, Inc.
350 Ignacio Blvd., Suite 300
Novato, CA 94949
Nature of Claim &
Claim Amount: Intercompany Loan, $1,423,468
Petitioner's Counsel: Ori Katz, Esq.
Barret J. Marum, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Franciso, CA 94111
Tel: 415-434-9100
Email: okatz@sheppardmullin.com
bmarum@sheppardmullin.com
A copy of the Involuntary Petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/B7Q4HSY/Professional_Investors_33_LLC__canbke-20-30935__0001.0.pdf?mcid=tGE4TAMA
PROFESSIONAL INVESTORS 36: Involuntary Chapter 11 Case Summary
--------------------------------------------------------------
Alleged Debtor: Professional Investors 36, LLC
350 Ignacio Blvd.
Suite 300
Novato, CA 94949
Type of Business: Professional Investors 36, LLC is a Single
Asset Real Estate debtor (as defined in 11
U.S.C. Section 101(51B)).
Involuntary Chapter
11 Petition Date: November 20, 2020
Court: United States Bankruptcy Court
Northern District of California
Case Number: 20-30938
Name of Petitioner: Professional Financial Investors, Inc.
350 Ignacio Blvd., Suite 300
Novato, CA 94949
Nature of Claim &
Claim Amount: Intercompany Loan, $401,087
Petitioner's Counsel: Ori Katz, Esq.
Barret J. Marum, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Franciso, CA 94111
Tel: 415-434-9100
Email: okatz@sheppardmullin.com
bmarum@sheppardmullin.com
A copy of the Involuntary Petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/XJWE77A/Professional_Investors_36_LLC__canbke-20-30938__0001.0.pdf?mcid=tGE4TAMA
RADHA KRISHN: GFG Holdings Buying LaQuinta Inn for $2.35M
---------------------------------------------------------
Radha Krishn LP asks the U.S. Bankruptcy Court for the Western
District of Texas to authorize the sale of its real property known
as the LaQuinta Inn & Suites Hotel, and the personal property
(furnishings, fixtures, equipment and inventory) situated therein,
located at 230 E. Hwy 290, Luling, Texas, more particularly
described as Lot 2, Champion Park Phase 1, Caldwell County, Texas,
according to the map or plat recorded in Plat Cabinet 8, Slide 94,
of the Plat Records of Caldwell County, Texas, to GFG Holdings, LLC
or assigns, for the sum of $2.35 million, cash, free and clear of
liens and other interests.
The following liens appear of record in the Official Public Records
of Real Property of Caldwell County, Texas, regarding the subject
property: (i) Ozona National Bank, 08/21/2014, 2034-0035744 -
$2,113,137; (ii) Texas Certified Devel. Co., 07/18/16, 2016-004192
- $1.393 million; (iii) South Tx. Mechanical, 09/01/16, 2016004511
- $53,680; and (iv) The Central Roof Co., 11/30/17, 2017-0062753 -
$3,040.
The Debtor proposes to pay Broker's fees to Harry McDonald as well
as usual and customary closing costs from the proceeds of the sale,
1% to the United States Trustee as statutory Trustee's fees, as
well as the consensual liens of Ozone National Bank, and tax liens.
Texas Certified Development Co. (U.S. Small Business Association)
asserts as lien on the contents (furnishings) of the hotel which
lien the Debtor and Ozone National Bank, believe that has been
subordinated to the lien of Ozone National Bank by a subordination
agreement recorded in document number 2016-004194 on Aug. 17, 2016,
in the Official Public Records of Caldwell County, Texas.
The hotel is currently "branded" as a LaQuinta Inn & Suites, but
the LaQuinta franchise is not being sold. The Buyer will need to
apply for a new franchise. Nevertheless, there may be franchise
fees due to LaQuinta Franchising, LLC which will need to be
escrowed and paid from closing which the Debtor estimates to be
$127,872.
Any ad valorem tax lien for tax year 2019 and prior pertaining to
the subject property will attach to the sales proceeds and that the
closing agent will pay all ad valorem tax debt owed incident to the
subject property immediately upon closing and prior to any
disbursement of proceeds to any other person or entity.
The ad valorem taxes for year 2020 pertaining to the subject
property will be prorated in accordance with the Earnest Money
Contract and, if not paid in full at closing, will become the
responsibility of the Purchaser and the year 2020 ad valorem tax
lien shalt be retained against the subject property until said
taxes are paid in full.
Neither the franchise agreement or any rights to use or display La
Quinta protected intellectual property is included in the sale and
that any continued operation of the site as a La Quinta by the
buyer (or substitute buyer) is subject to agreement between the
ultimate buyer and La Quinta.
The Debtor asks that pursuant to Rule 6004(h) of the Bankruptcy
Rules of Procedure, the Order on the Motion become final on its
entry and not stayed for 14 days.
A copy of the Earnest Money Contract and addendum is available at
https://tinyurl.com/yyc5lo54 from PacerMonitor.com free of charge.
The Purchaser:
GFG HOLDINGS, LLC
4606 FM 1960 Rd W. Suite #640
Houston, TX 77069-4600
E-mail: RDGilbert@gmail.com
About Radha Krishn
Based in San Marcos, Texas, Radha Krishn, LP sought protection
under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No.
20-10764) on July 6, 2020. At the time of the filing, Debtor
disclosed assets of between $1 million and $10 million and
liabilities of the same range.
Judge Tony M. Davis oversees the case.
Martin Warren Seidler, Esq., at the Law Offices of Martin Seidler,
is the Debtor's legal counsel.
RADHA KRISHN: Selling Luling Hotel & Related Assets for $2.35M
--------------------------------------------------------------
Radha Krishn LP asks the U.S. Bankruptcy Court for the Western
District of Texas to authorize the sale of its real property known
as the LaQuinta Inn & Suites Hotel, and the personal property
(furnishings, fixtures, equipment and inventory) situated therein,
located at 203 E. Hwy 90, Luling, Texas, more particularly
described as Lot 2, Champion Park Phase I, Caldwell County, Texas,
according to the map or plat recorded in Plat Cabinet 8, Slide 94,
of the Plat Records of Caldwell County, Texas, to GFG Holdings, LLC
or assigns, for the sum of $2.35 million, cash, free and clear of
liens and other interests.
The following liens appear of record in the Official Public Records
of Real Property of Caldwell County, Texas, regarding the subject
property: (i) Ozona National Bank, 08/21/2014, 2034-0035744 -
$2,113,137; (ii) Texas Certified Devel. Co., 07/18/16, 2016-004192
- $1.393 million; (iii) South Tx. Mechanical, 09/01/16, 2016004511
- $53,680; and (iv) The Central Roof Co., 11/30/17, 2017-0062753 -
$3,040.
The Debtor proposes to pay 5% Broker's fees to Harry McDonald as
well as usual and customary closing costs from the proceeds of the
sale, 1% to the United States Trustee as statutory Trustee's fees,
as well as the consensual liens of Ozone National Bank, and tax
liens.
Texas Certified Development Co. (U.S. Small Business Association)
asserts as lien on the contents (furnishings) of the hotel which
lien the Debtor and Ozone National Bank, believe that has been
subordinated to the lien of Ozone National Bank by a subordination
agreement recorded in document number 2016-004194 on Aug. 17, 2016,
in the Official Public Records of Caldwell County, Texas.
The hotel is currently "branded" as a LaQuinta Inn & Suites, but
the LaQuinta franchise is not being sold. The Buyer will need to
apply for a new franchise. Nevertheless, there may be franchise
fees due to LaQuinta Franchising, LLC which will need to be
escrowed and paid from closing which the Debtor estimates to be
$127,872. The actual amount may be less and should be determined
as of the date of closing.
Any ad valorem tax lien for tax year 2019 and prior pertaining to
the subject property will attach to the sales proceeds and that the
closing agent will pay all ad valorem tax debt owed incident to the
subject property immediately upon closing and prior to any
disbursement of proceeds to any other person or entity. The Debtor
believes that such taxes may have already been paid by Ozona
National Bank and added to the outstanding loan balance.
The ad valorem taxes for year 2020 pertaining to the subject
property will be prorated in accordance with the Earnest Money
Contract and, if not paid in full at closing, will become the
responsibility of the Purchaser and the year 2020 ad valorem tax
lien shall be retained against the subject property until said
taxes are paid in full.
Neither the franchise agreement or any rights to use or display La
Quinta protected intellectual property is included in the sale and
that any continued operation of the site as a La Quinta by the
buyer (or substitute buyer) is subject to agreement between the
ultimate buyer and La Quinta.
The Debtor asks that pursuant to Rule 6004(h) of the Bankruptcy
Rules of Procedure, the Order on the Motion become final on its
entry and not stayed for 14 days.
A copy of the Earnest Money Contract and addendum is available at
https://tinyurl.com/y5b3f5zf from PacerMonitor.com free of charge.
About Radha Krishn
Based in San Marcos, Texas, Radha Krishn, LP sought protection
under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No.
20-10764) on July 6, 2020. At the time of the filing, Debtor
disclosed assets of between $1 million and $10 million and
liabilities of the same range. Judge Tony M. Davis oversees the
case. Martin Warren Seidler, Esq., at the Law Offices of Martin
Seidler, is the Debtor's legal counsel.
RAILWORKS CORP: S&P Assigns 'B' ICR; Outlook Stable
---------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to New
York City-based rail service provider RailWorks Corp. The outlook
is stable.
RailWorks plans to pay an $80 million dividend to shareholders,
refinance its existing debt, and finance a tuck-in acquisition
funded with a proposed $230 million first-lien senior secured term
loan due 2027. S&P assigned its 'B' issue-level rating to the
first-lien senior secured term loan. S&P's '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery in the event of a payment default.
S&P said, "The rating on RailWorks Corp. reflects our view of its
relative size, end-market concentration, and narrow geographic
scope in the broader global engineering and construction services
industry. In addition, we believe the company is exposed to project
losses through its high percentage of fixed-price contracts in
backlog. However, we believe the company has sufficient brand
recognition throughout North America, particularly in key
metropolitan areas such as New York and Toronto. We believe overall
demand depends on the economic strength of the rail transit and
freight end-markets, which could delay some new build and
discretionary maintenance during periods of stress. Further, our
view of the company's financial risk reflects its financial sponsor
ownership and the potential for cost overruns."
"The stable outlook on RailWorks Corp. reflects our view that the
company will maintain stable margins over the next 12 months as it
executes on its strong backlog of projects, driven by demand for
construction and maintenance on aging rail infrastructure in North
America. We expect revenue to decline this year, but grow next
year, resulting in FOCF to debt of about 0% in 2020, increasing to
above 5% 2021. We forecast debt to EBITDA around 3x pro forma for
the transaction."
"We could lower our rating on RailWorks if debt to EBITDA increases
materially to above 6x or if FOCF to debt remains below 3% on a
sustained basis. This could occur if the company's financial
sponsors enter into material debt-financed transactions or if the
company incurs cost overruns on its fixed-priced project work."
"We could raise the rating if the company maintains debt to EBITDA
below 4x, with FOCF to debt consistently at about 10%, and if we
believed the company's financing sponsors were committed to
maintaining these levels."
REVLON INC: S&P Cuts ICR to 'SD' on Completed Distressed Exchange
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Revlon Inc.
to 'SD' (selective default) from 'CC' and its issue-level rating on
its 5.75% senior notes to 'D' from 'C'.
The downgrade reflects Revlon's announcement that it completed the
exchange offer for its 5.75% senior notes due in 2021. Noteholders
validly tendered about 69% of their notes through the exchange.
Specifically, about $19.7 million in aggregate principal amount of
the notes were tendered for cash consideration, which included $275
in cash plus a $50 early tender/consent fee for each $1,000
principal amount of notes tendered. Noteholders also tendered about
$216.3 million in aggregate principal amount of notes for the mixed
consideration, which comprised:
-- $200 in cash plus a $50 early tender/consent fee for each
$1,000 principal amount tendered;
-- A pro rata share of $50 million in aggregate principal amount
of the new asset-based lending (ABL) first-in last-out (FILO) term
loans; and
-- A pro rata share of $75 million in aggregate principal amount
of the new BrandCo second-lien term loans.
The noteholders that tendered for cash received a maximum of 32.5%
of the original principal amount of their notes. The noteholders
that tendered for the mixed consideration received a dollar amount
of cash and securities that equates to approximately 82% of the
original principal amount of their notes. S&P views the transaction
as a distressed exchange and tantamount to a default because most
noteholders received less than they were originally promised under
the notes. In addition, S&P views Revlon as distressed given its
weak operating performance, negative cash flow generation, and weak
liquidity. Without the exchange, the company's liquidity would have
been insufficient to repay the notes at par to avoid the springing
maturities of its 2016 term loan facility and any outstanding
borrowings under its $400 million tranche A U.S. ABL revolving
facility.
S&P said, "We expect to reevaluate our rating on Revlon and its
capital structure in the near term. We will likely raise our issuer
credit rating on the company to the mid- to low-'CCC' category
given its unsustainable debt leverage, still very high debt service
commitments, near-term debt maturities, and our view that it will
have difficulty meeting its financial obligations because of its
very weak cash flow generation."
SAGE INTERNATIONAL: S&P Assigns 'BB+' Rating to 2020 Revenue Bonds
------------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' underlying rating for credit
programs to Idaho Housing and Finance Association's series 2020
nonprofit facilities refunding revenue bonds, issued for Sage
International School of Boise (Sage). The outlook is stable.
"We assessed Sage's enterprise profile as adequate characterized by
stable enrollment, solid demand with a stable waiting list and
sound student retention, above-average academic outcomes and a
proactive management team," said S&P Global credit analyst Avani
Parikh. "We assessed Sage's financial profile as vulnerable with
improving margins, strengthened maximum annual debt service
coverage, growing unrestricted reserves, and a manageable debt
burden."
The 'A+' long-term rating is based on the school's inclusion in
Idaho's moral obligation program. This report reflects only the
underlying characteristics of the charter school and does not
assess the enhancement program or the school's qualification under
that program.
The stable outlook reflects S&P's view that Sage will maintain
enrollment at current levels along with its solid demand profile
based on its robust academic reputation. S&P expects Sage to
continue generating operating surpluses on a full accrual basis,
such that MADS coverage and liquidity remain commensurate with
current rating category medians.
SATELLITE RESTAURANTS: Hires George S. Magas CPA as Accountant
--------------------------------------------------------------
Satellite Restaurants Inc. Crabcake Factory USA received approval
from the U.S. Bankruptcy Court for the District of Maryland to hire
George S. Magas CPA PC as its accountant.
The firm's services will include:
(a) Rendering tax compliance and tax consulting services to
the Debtor;
(b) Consulting with the Debtor and its legal counsel in
connection with other business matters relating to its financial
activities;
(c) Providing expert testimony as required;
(d) Working with accountants and other financial consultants,
if any;
(e) Assisting with such other tax and financial matters as the
Debtor may request from time to time; and
(f) Providing accounting advice to the Debtor when needed in
order to assume the continued accuracy of its internal accounting
records.
The accountant will charge $600 to complete the preparation of the
Debtor's federal and state corporate income tax returns along with
composite tax returns for the year ending Dec. 31, 2019, and $2,900
for income tax returns for the year ending Dec. 31, 2020. In
addition, George S. Magas will charge $1,200 to $2,000 per month
for bookkeeping services, which amount will depend on the volume of
business in the particular month.
George S. Magas is a disinterested person under Bankruptcy Code
Section 101(14), according to court filings.
The firm can be reached through:
George S. Magas, CPA
George S. Magas CPA PC
9422 Damascus Rd.
Damascus, MD 20872
Phone: +1 301-253-0013
About Satellite Restaurants Inc.
Crabcake Factory USA
Satellite Restaurants Inc. Crabcake Factory USA filed a voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Md. Case No. 20-19282) on Oct. 14, 2020, listing under $1
million in both assets and liabilities. Judge Thomas J. Catliota
oversees the case. Paul Sweeney, Esq., at Yumkas, Vidmar, Sweeney
& Mulrenin, LLC, serves as the Debtor's legal counsel.
SKLAR EXPLORATION: Moye White, CMG Update on JF Howell, 3 Others
----------------------------------------------------------------
Pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure,
the law firms of Moye White LLP and The Craig M. Geno Firm, PLLC
submitted an amended supplemental verified statement to disclose an
updated list of Ad Hoc Committee that they are representing in the
Chapter 11 cases of Sklar Exploration Company, LLC.
On Nov. 6, 2020, the Firms filed their Verified Statement Pursuant
to Rule 2019 of the Federal Rules of Bankruptcy Procedure. The Rule
2019 Statement identified the original members of the Ad Hoc
Committee.
As of Nov. 18, 2020, members of the Ad Hoc Committee and their
disclosable economic interests are:
JF Howell Interests, LP
350 North St. Paul Street, Suite 2900
Dallas, Texas 75201
* Working Interest Owner
McCombs Energy, Ltd.
750 East Mulberry Avenue, Suite 403
San Antonio, Texas 78212
* Working Interest Owner
Pruet Production Co.
217 West Capital Street, Suite 201
Jackson, Mississippi 39201
* Working Interest Owner
FPCC USA, Inc.
245 Commerce Green, Blvd. Suite 250
Sugar Land, Texas 77478
* Working Interest Owner
On or about October 28, 2020, the Ad Hoc Committee retained the
Firms to represent them in connection with the Ad Hoc Committee's
interests as working interest owners. Each member of the Ad Hoc
Committee, in its capacity as such, is aware of, has requested and
consented to the Firm's representation of the Ad Hoc Committee.
No member of the Ad Hoc Committee represents or purports to
represent any other entities in connection with these chapter 11
cases.
Nothing contained in this Verified Statement or Exhibit A shall be
construed as a limitation upon, or waiver of, any rights of any
member of the Ad Hoc Committee to assert, file and/or amend its
proofs of claims or interests in accordance with applicable law and
any orders entered in these chapter 11 cases. The information
contained herein is intended only to comply with Bankruptcy Rule
2019 and is not intended for any other purpose.
The Firms do not hold any claims against, or interests in, the
Debtors.
The Firms will amend or supplement this Verified Statement as
necessary to comply with Bankruptcy Rule 2019.
Counsel to the Ad Hoc Committee of Working Interest Owners of Sklar
Exploration Company, LLC and Sklarco, LLC can be reached at:
Timothy M. Swanson, Esq.
MOYE WHITE LLP
1400 16th Street, 6th Floor
Denver, CO 80202-1486
Tel: (303) 292-2900
Fax: (303) 292 4510
Email: Tim.Swanson@moyewhite.com
- and -
Craig M. Geno, Esq.
Law Offices of Craig M. Geno, PLLC
587 Highland Colony Parkway
Ridgeland, MS 39157
Tel: (601) 427-0048
Fax: (601) 427-0050
Email: cmgeno@cmgenolaw.com
A copy of the Rule 2019 filing, downloaded from PacerMonitor.com,
is available at https://bit.ly/339r7QN
About Sklar Exploration Company
Sklar Exploration Company, LLC -- https://sklarexploration.com/ --
is an independent exploration production company owned and managed
by Howard F. Sklar. With offices in Boulder, Colo., Shreveport,
La., and Brewton, Ala., Sklar owns interests in oil and gas wells
located throughout the United States. Its exploration and
production activities have historically focused on the
hydrocarbon-rich Lower Gulf Coast basins and in the Interior Gulf
Coast basins of East Texas, North Louisiana, South Mississippi,
South Alabama, and the Florida Panhandle.
Sklar Exploration Company and Sklarco, LLC, sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Lead Case No.
20-12377) on April 1, 2020. At the time of the filing, Sklar
Exploration had estimated assets of between $1 million and $10
million and liabilities of between $10 million and $50 million.
Sklarco disclosed assets of between $10 million and $50 million
and liabilities of the same range. Judge Elizabeth E. Brown
oversees the cases.
Kutner Brinen, P.C., is the Debtors' counsel. CR3 Partners, LLC is
the Debtors' chief restructuring officer.
SOTERA HEALTH: S&P Places 'B' ICR on CreditWatch Positive
---------------------------------------------------------
S&P Global Ratings placed its 'B' issuer credit rating on
U.S.-based Sotera Health Holdings LLC and its 'B' issue-level
rating on the company's senior secured facilities on CreditWatch
with positive implications.
Sotera Health recently announced its intention to launch an IPO on
the Nasdaq under the ticker SHC. The company expects to raise about
$1 billion in primary proceeds from the listing, which it will use
to pay down existing debt, including all of its outstanding $770
million second-lien notes.
S&P said, "The CreditWatch reflects our expectation that Sotera's
credit metrics will be consistent with our upgrade trigger for a
'B+' rating following its proposed debt repayment using the
proceeds from the IPO. We expect to resolve the CreditWatch once it
has completed the IPO, we learn the final amount of the offering,
and the company finalizes the repayment of its debt."
A successful IPO will likely provide the company with sufficient
proceeds to substantially reduce its debt, including potentially
improving its leverage below 6x. On Nov. 12, 2020, Sotera outlined
its expectation for total net proceeds of approximately $949
million, which it intends to use to fully repay its $770 million of
outstanding second-lien secured notes. It will use any remaining
proceeds for working capital and general corporate purposes,
including to potentially make a partial repayment on its existing
term loan due 2026 ($2,109 million outstanding as of September
2020). If Sotera's IPO provides it with sufficient funds to fully
repay its second-lien notes and about $150 million of its
first-lien term loan, S&P estimates that it would cause its
leverage to improve below 6x, which is its upgrade threshold for
the current rating.
Sotera continues to report solid increases in its EBITDA and cash
flows. The company holds a leading position in the medical device
sterilization market and has continued to expand its revenue by the
high single digit percent area.
S&P said, "We project Sotera's margins will remain strong in the
47%-50% range while it generates annual funds from operations in
excess of $200 million. We believe that the company will steadily
improve its leverage further below 6x after the IPO."
"Clarity around its sponsor control and financial policies as a
public company remain important considerations as we assess the
likelihood that it will be able to sustain leverage of less than
6x. An upgrade is also dependent on our assessment of the
company's financial policies following the IPO. Moreover, the level
of ownership and influence that its financial sponsor will retain
following the transaction will be an important consideration."
"The CreditWatch positive listing indicates the uncertainty around
the timing of the IPO, the amount of proceeds it will generate, and
the company's long-term capital structure. We expect to resolve the
CreditWatch once it has completed the IPO, we learn the final
amount of the offering, and the company finalizes the repayment of
its debt."
STEIN MART: Retail Ecommerce Wins Auction for Online Business
-------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that an affiliate of Retail
Ecommerce Ventures LLC won a bankruptcy auction for Stein Mart
Inc.'s online retail business with a $6 million bid, improving on a
starting offer by $2 million.
Stein Mart filed notice of the winning bid Thursday with the U.S.
Bankruptcy Court for the Middle District of Florida. The
Jacksonville, Fla.-based discount retailer named ZG Apparel Group
LLC as the backup bidder, with an offer of $5.9 million.
Retail Ecommerce Ventures submitted the winning bid through an
entity called Stein Mart Online Inc., which set the ground floor
offer of $4 million.
About Stein Mart Inc.
Stein Mart, Inc. (NASDAQ: SMRT) -- http://www.SteinMart.com/-- is
a national specialty omni off-price retailer offering designer and
name-brand fashion apparel, home decor, accessories and shoes at
everyday discount prices. Stein Mart provides real value that
customers love every day. The company operates 281 stores across
30 states.
Stein Mart Inc. and its affiliates sought protection under Chapter
11 of the Bankruptcy Code (Bankr. M.D. Fla. Case Nos. 20-02387 to
20-02389) on Aug. 12, 2020. As of May 2, 2020, the Debtors had
total assets of $757.6 million and total liabilities of $791.2
million.
Judge Jerry A. Funk oversees the cases.
The Debtors tapped Foley & Lardner LLP as their legal counsel,
Clear Thinking Group LLC as financial advisor, and Stretto as
claims and noticing agent.
SUMMIT MIDSTREAM: S&P Downgrades ICR to 'D', Withdraws Ratings
--------------------------------------------------------------
S&P Global Ratings lowered Summit Midstream Partners Holdings LLC
issuer credit rating to 'D' from 'CC' and its issue-level rating on
the company's senior secured debt to 'D' from 'C'.
There is no longer any debt outstanding at this entity. S&P removed
its 'D' issuer credit rating and the 'D' senior secured issue-level
rating.
The downgrade and ratings withdrawal reflects SMP Holdings has
closed its term loan restructuring with lenders at a significant
discount to par. S&P views the transaction as distressed, and SMP
Holdings has defaulted on its sole debt obligation.
Lenders collectively holding 100% of the aggregate $155.2 million
principal amount outstanding will receive their pro rata shares
consideration, consisting of approximately $26.5 million of cash
and approximately 2.3 million of SMLP common units (adjusted for
the recent 1-for-15 reverse SMLP common unit split) currently
pledged as collateral under the term loan.
The $180.75 million deferred purchase price obligation (DPPO)
balance (treated as 50% debt) is considered fully settled
concurrently with the closing of the term loan restructuring and
has been removed from S&P's Summit Midstream Partners L.P.'s
adjusted debt balance.
SYMPLR SOFTWARE: S&P Assigns 'B-' ICR on TractManager Acquisition
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to
Houston-based Symplr Software Intermediate Holdings Inc. after the
company agreed to acquire Dallas-based TractManager to expand its
health care governance, risk, and compliance software platform.
Symplr is issuing a new $100 million secured first-lien revolving
credit facility, a $680 million first-lien term loan, and a $250
million second-lien term loan (not rated), with proceeds used to
fund the TractManager acquisition and retire previous debt. S&P
assigned its 'B' issue-level rating and '2' recovery rating to the
company's first-lien debt.
The stable outlook reflects S&P's expectation that the company will
generate positive free cash flow in 2021.
Symplr's business risk profile reflects its small scale and narrow
focus within the health care governance, risk, and compliance (GRC)
software solutions space. The combined business generated about
$280 million revenue on a pro forma basis as of third-quarter 2020.
This puts Symplr at the smaller end of S&P's universe of rated
health care companies and health care technology providers. Symplr
serves distinct functions of contract management, provider
management, and spend management. Despite its small scale, the
company has grown rapidly in recent years both through acquisitions
and organic opportunities among new and existing clients. Symplr
generated about $65 million revenue in 2018, the year it was
acquired by financial sponsor Clearlake Capital Group. The company
has since closed on acquisitions contributing over $200 million of
additional revenue, including the TractManager deal.
S&P said, "In terms of product diversification, we view the
company's narrow focus on health care GRC solutions as a constraint
relative to more diversified software companies, although the range
of segments served within GRC offers some diversification. We
believe the company's strong customer retention demonstrates the
value it provides to hospitals. All providers need GRC
capabilities, though we believe the incentives to outsource them is
not as strong as it is for other capabilities like revenue cycle
management (RCM), which is more deeply integrated into a facility's
financial operations."
Symplr is well positioned to benefit from its strong margins,
sticky customer base, shift to a subscription model, and increasing
demand due to growing regulatory complexity.
S&P said, "We project the company to deliver above-industry-average
adjusted EBITDA margins of about 40%. The company's revenues are
also relatively predictable, given the sticky customer base with
gross retention of 98%, indicating the value of Symplr's services
to its core hospital client base, and the ongoing move to a
subscription-based model. The company's solutions enable hospitals
to efficiently manage their contracts, supply chain sourcing,
credentials for providers, vendors, and visitors, and compliance
and regulatory reporting. We expect demand for Symplr's products
and services to remain strong, given the increasing regulatory
complexity in the health care industry and the need to increase
efficiency. Hospitals that utilize a more manual approach will have
greater difficulty managing their processes as regulatory
complexity increases. About 84% of the revenue of the combined
business is recurring, which provides visibility to a large portion
of future billings. We expect the company's strategy to invest in
and expand its software-as-a-service (SaaS) subscription model
products will result in that proportion of recurring revenue
improving over time." The subscription model enables hospitals to
outsource the tasks of maintenance of and hosting GRC applications.
The model is also conducive to organic growth opportunities, as
Symplr can upsell existing clients with additional modules."
"Cash flow in recent periods has been weak, but we expect cash
generation to improve in 2021 benefitting from top-line growth,
lower nonrecurring expenses, cost synergies, and improved working
capital trends. On a last 12-months pro forma basis as of
third-quarter 2020, the combined business has generated little to
no cash flows, largely due to one-time merger and
acquisition-related expenses, including roughly $16 million of
expenses related to integration and IT optimization related to the
API Healthcare acquisition. However, given single-digit organic
growth, the rolling off of integration costs, and about $10 million
of cost synergies from the TractManager acquisition, we project
solid improving free cash flow generation in 2021. We also expect
working capital to be a smaller use of cash over time as the
company ramps up its subscription business, which generates
favorable cash flow timing since Symplr collects subscription fees
up front. We expect these various factors to lead to consistently
positive free cash flow."
"We expect a highly leveraged financial risk profile, with debt to
EBITDA in the 9x-10x range and FOCF to debt below 3% in 2021. The
highly leveraged assessment reflects our expectation that S&P
Global Ratings-adjusted free operating cash flow (FOCF) to adjusted
debt will be below 3% in 2021, and adjusted debt to EBITDA will be
in the 9x-10x range in 2021. We consider these credit measures to
be on the weaker side of the highly leveraged category. The
financial risk assessment considers Clearlake Capital's financial
sponsor ownership of the company and that the company will more
likely maintain high leverage as it potentially pursues debt-funded
acquisitions, as it did between 2018-2020. Our projected credit
measures account for our expectations for business growth,
profitability, and cash generation. Our adjusted EBITDA figures
treat capitalized software development costs and management fees,
totaling about $20 million annually, as operating expenses that
depress EBITDA."
"Our adjusted debt calculation includes preferred equity balances
as debt since the company's preferred equity does not qualify for
equity treatment based on our criteria. The preferred equity
adjustment accounts for approximately 20% of adjusted debt. For the
given rating category, we tend to focus more on cash generation
than debt leverage, and we expect the preferred equity to generate
noncash interest only, which does not affect our cash flow
forecast."
"The stable outlook on Symplr reflects our expectation that credit
measures will remain appropriate for the rating. We expect the
company to generate positive free cash flows over the next 12
months, benefitting from a return to normal growth after some
disruption in 2020 due to COVID-19, and cost synergies after the
TractManager acquisition closes. We expect FOCF to adjusted debt to
be below 3%, and adjusted debt to EBITDA to be in the 9x-10x range.
When calculating ratios, we include the company's $192 million
preferred equity as debt."
S&P could lower the rating on Symplr over the next 12 months if:
-- The company experiences weaker earnings and free cash flow,
potentially due to a resurgence of COVID-19 leading to fewer
elective procedures and slowed technology procurement processes at
hospitals and other providers;
-- Such conditions led to persistent free cash flow deficits, with
limited opportunity for improvement; or
-- There are substantial unforeseen challenges integrating the
TractManager business, large customer losses, or if the company
pursued large debt-funded acquisitions.
S&P could raise the rating on Symplr over the next 12 months if:
-- The business exceeds S&P's expectations for cash flow
generation, potentially due to a quicker post-COVID recovery,
higher-than-expected synergies from the TractManager acquisition,
or top-line growth that exceeds S&P's expectations; and
-- Such conditions led to FOCF to debt comfortably exceeding 3%,
assuming that S&P believes it's sustainable.
SYNEOS HEALTH: S&P Rates New $500MM Senior Unsecured Notes 'BB-'
----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '5'
recovery rating to Syneos Health Inc.'s proposed $500 million
senior unsecured notes. The '5' recovery rating indicated its
expectation for modest (10%-30%; rounded estimate: 10%) recovery in
the event of a payment default. The company will use the proceeds
from these notes for general corporate purposes, including to fund
acquisitions, repay its debt, and pay related fees and expenses.
S&P's 'BB' issuer credit rating on Syneos reflects the rating
agency's expectation that the company will reduce its S&P-adjusted
leverage below 4x in 2021 despite its $400 million acquisition of
Synteract, which will increase its leverage by 0.5x. S&P believes
Syneos has a greater urgency and appetite for tuck-in acquisitions,
although the company thinks that the company will balance its
acquisitions and share repurchases with maintaining leverage in the
3x-4x range over the long term. S&P's rating also reflects the
company's position as one of the largest contract research
organizations, its favorable industry tailwinds, and the rating
agency's expectation that the company will report revenue growth in
the mid- to high-single digit percent area on a normalized basis.
T & C DOWNTOWN: Case Summary & 14 Unsecured Creditors
-----------------------------------------------------
Debtor: T & C Downtown Development, LLC
534 W. Church Street
Orlando, FL 32805
Business Description: T & C Downtown Development, LLC is an owner
and operator of restaurants.
Chapter 11 Petition Date: November 22, 2020
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 20-06461
Debtor's Counsel: Aldo G. Bartolone, Esq.
BARTOLONE LAW, PLLC
1030 N. Orange Avenue
Suite 300
Orlando, FL 32801
Tel: (407) 294-4440
Fax: (407) 287-5544
Email: aldo@bartolonelaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Timothy Green, trustee of KAAG Trust -
manager.
A copy of the petition containing, among other items, a list of the
Debtor's 14 unsecured creditors is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/QXGARLY/T__C_Downtown_Development_LLC__flmbke-20-06461__0001.0.pdf?mcid=tGE4TAMA
TAILORED BRANDS: Taps Deloitte & Touche as Auditor
--------------------------------------------------
Tailored Brands, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the Southern District of Texas to hire
Deloitte & Touche, LLP as auditor.
Deloitte & Touche will perform an audit for the Debtors to express
an opinion on the fairness of the presentation of the Debtors'
consolidated financial statements for the year ending Jan. 30,
2021, in conformity with accounting principles generally accepted
in the United States, in all material respects.
Deloitte & Touche will bill these fees:
Sep. 1, 2020 Not to exceed $125,000
Oct. 1, 2020 Not to exceed $125,000
Nov. 1, 2020 Not to exceed $125,000
Fees for out-of-scope services will be billed at these rates:
Partner/Principal/Managing Director $550 per hour
Senior Manager $480 per hour
Manager $420 per hour
Senior $350 per hour
Staff $280 per hour
In the 90 days prior to the petition date, the Debtors paid
Deloitte & Touche $1,694,500 for services performed or to be
performed, including retainer amounts.
Anthony Torres, a partner at Deloitte & Touche, disclosed in court
filings that the firm is a "disinterested person" as such term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Anthony Torres
Deloitte & Touche LLP
1633 Broadway
New York, NY 10019
Phone: 1-212-489-1600
About Tailored Brands
Tailored Brands, Inc., (NYSE: TLRD) is an omni-channel specialty
retailer of menswear, including suits, formal wear and a broad
selection of polished and business casual offerings. It delivers
personalized products and services through its convenient network
of over 1,400 stores in the United States and Canada as well as its
branded e-commerce websites at http://www.menswearhouse.com/and
http://www.josbank.com.Its brands include Men's Wearhouse, Jos. A.
Bank, Moores Clothing for Men and K&G.
Tailored Brands reported a net loss of $82.28 million for the year
ended Feb. 1, 2020, compared to net earnings of $83.24 million for
the year ended Feb. 2, 2019. As of Feb. 1, 2020, Tailored Brands
had $2.42 billion in total assets, $2.52 billion in total
liabilities, and a total shareholders' deficit of $98.31 million.
On Aug. 2, 2020, Tailored Brands and its subsidiaries sought
Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 20-33900).
As of July 4, 2020, Tailored Brands disclosed $2,482,124,043 in
total assets and $2,839,642,691 in total liabilities.
The Hon. Marvin Isgur is the case judge.
The Debtors tapped Kirkland & Ellis LLP as general bankruptcy
counsel; Jackson Walker L.L.P., Stikeman Elliot LLP and Mourant
Ozannes as co-bankruptcy counsel; PJT Partners LP as financial
advisor; Alixpartners, LLP as restructuring advisor; Deloitte &
Touche LLP as auditor, and A&G Realty Partners, LLC as the real
estate consultant and advisor. Prime Clerk LLC is the claims agent.
THOMPSON AND SONS: Hires Peter M. Daigle as Counsel
---------------------------------------------------
Thompson and Sons Developer, LLC, seeks authority from the U.S.
Bankruptcy Court for the District of Massachusetts to employ The
Law Office of Peter M. Daigle, as counsel to the Debtor.
Thompson and Sons requires Peter M. Daigle to:
a) assist and advise the Debtor relative to the administration
of the bankruptcy proceeding;
b) represent the Debtor before the Bankruptcy Court and
advising the Debtor on all pending litigations, hearings,
motions, and of the decisions of the Bankruptcy Court;
c) review and analyze all applications, orders, and motions
filed with the Bankruptcy Court by third parties in this
proceeding and advising the Debtor thereon;
d) attend all meetings conducted pursuant to section 341(a) of
the Bankruptcy Code and representing the Debtor at all
examinations;
e) communicate with creditors and all other parties in
interest;
f) assist the Debtor in preparing all necessary applications,
motions, orders, supporting positions taken by the Debtor,
and preparing witnesses and reviewing documents in this
regard;
g) confer with all other professionals, including any
accountants and consultants retained by the Debtor and by
any other party in interest;
h) assist the Debtor in its negotiations with creditors or
third parties concerning the terms of any proposed plan of
reorganization;
i) prepare, draft and prosecute the plan of reorganization and
disclosure statement; and
j) assist the Debtor in performing such other services as may
be in the interest of the Debtor and the Estate and
performing all other legal services required by the Debtor.
Peter M. Daigle will be paid at these hourly rates:
Attorneys $395
Associates $295
Peter M. Daigle will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Peter M. Daigle, partner of The Law Office of Peter M. Daigle,
assured the Court that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code and does
not represent any interest adverse to the Debtor and its estates.
Peter M. Daigle can be reached at:
Peter M. Daigle, Esq.
THE LAW OFFICE OF PETER M. DAIGLE
1550 Falmouth Road, Suite 10
Centerville, MA 02632
Tel: (508) 771-7444
About Thompson and Sons Developer
Thompson and Sons Developer, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. D. Mass. Case No. 20-12079) on October 19, 2020.
The Debtor hired The Law Office of Peter M. Daigle, as counsel.
TTK RE ENTERPRISE: $129K Pleasantville Property Sale to Disla OK'd
------------------------------------------------------------------
Judge Jerrold N. Poslusny, Jr. of the U.S. Bankruptcy Court for the
District of New Jersey authorized TTK RE Enterprises, LLC's sale of
the real property located at 107 W. Glendale Avenue, Pleasantville,
New Jersey to Merilyn Grisel Disla for $129,000, on the terms of
their Contract for Sale.
The sale is free and clear of any and all liens, security
interests, encumbrances and claims which appear on the Title
Report, including, but not limited to, the (a) Tax Sale Certificate
of FIG Cust FIGNJ19 LLC recorded on Jan. 28, 2020, in Instrument
#2020005649, (b) UCC-1 Financing Statement #2018030086 in favor of
VU and Associates LLC, filed on June 8, 2018, and (c) UCC-1
Financing Statement #2019027821 in favor of Loan Funder LLC filed
on June 3, 2019.
At the time of closing the proceeds of the sale of the Property
will be paid as follows:
a. Normal costs attendant with closing on the sale of the
Property;
b. 5% of the Purchase Price commission ($6,450 to Century 21,
to be split equally with any participating broker in connection
with the sale of the Property;
c. The Tax Sale Certificate(s); and
d. All remaining proceeds to be paid to Fay Servicing, LLC,
as servicer for U.S. Bank Trust National Association, in its
capacity as trustee of HOF I Grantor Trust 5 on account of its
Secured Claim secured by a mortgage against the Property and UCC-1
Financing Statement in exchange for Loan Funder's release of its
mortgage against the Property.
The stay of the Order granting the Motion under Bankruptcy Rule
6004(h) is waived for cause.
Notwithstanding anything else in the Order: (i) nothing therein
will be deemed to constitute Loan Funder's consent to the sale of
any other properties of the Debtor, except the Property, and Loan
Funder specifically reserves and does not waive any rights against
Debtor or any other obligors who may be liable to Loan Funder; and
(ii) Loan Funder's lien(s) will attach in the same extent, validity
and priority to the sale proceeds of the Property as Loan Funder's
lien on the Property without further action, filing or notice by
Loan Funder.
After closing the proceeds of the sale of the Property will be paid
to the Loan Funder or as may be otherwise agreed by the Title
Company and Loan Funder without further order of the Court and
applied as stated in the Loan Funder loan documents.
A hearing on the Motion was held on Nov. 17, 2020 at 11:00 a.m.
A copy of the Contract is available at https://tinyurl.com/y3ookah
from PacerMonitor.com free of charge.
About TTK RE Enterprise
TTK RE Enterprise LLC is a privately held company in Somers Point,
New Jersey. The Company is the 100% owner of 48 real estate
properties in New Jersey having a total current value of
$9,265,000.
TTK RE Enterprise sought Chapter 11 protection (Bankr. D.N.J. Case
No. 19-30460) on Oct. 29, 2019 in Camden, New Jersey. In the
petition signed by Emily K. Vu, president, the Debtor disclosed
total assets of $9,269,950, and total liabilities of $6,432,457.
Judge Jerrold N. Poslusny Jr. oversees the case. FLASTER GREENBERG
PC - CHERRY HILL is the Debtor's counsel.
TTK RE ENTERPRISE: Neustadter Buying Northfield Property for $240K
------------------------------------------------------------------
TTK RE Enterprises, LLC filed with the U.S. Bankruptcy Court for
the District of New Jersey a notice of its proposed sale of the
real property located at 530 Marita Ann Drive, Northfield, New
Jersey to Andrew Neustadter for $240,000, on the terms of their
Contract for Sale.
The Property is a 3-bedroom and one and one-half full bathroom,
single family home. The Comparative Market Analysis dated Oct. 16,
2020 sets the value of the Property at $249,000.
As of the Petition Date, the Debtor was indebted to Fay Servicing,
LLC, as servicer for U. S. Bank Trust National Assn., in its
capacity as trustee of HOF I Grantor Trust 5 ("Loan Funder") in the
original amount of $4,405,944 (Proof of Claim #1-1). The Loan
Funder Claim was secured by a commercial mortgage against 28 of the
Debtor's real properties, including the Property as of
the Petition Date. The Loan Funder mortgage against the Property
dated May 14, 2019 was recorded on June 4, 2019 in the Atlantic
County Clerk's Office in Instrument #2019027956.
The Loan Funder Claim is also secured by the rents from the real
properties against which Loan Funder possesses a mortgage(s),
including the Property. The balance owed to Loan Funder and
secured by the Loan Funder Mortgage UCC-1 Financing Statement
against the Property is far in excess of the value of the Property.
The Property was listed for sale with Soleil Sotheby's
International Realty and has been actively marketed by Sotheby's.
As the result of the efforts of Sotheby's, the Debtor has entered
into a Contract for Sale of the Property with the Buyer for the sum
of $240,000, subject to the approval of the Court, which would
entitle Sotheby's to a commission of 5% of the gross sale price or
$12,000.
The Property is being sold free and clear of any and all liens,
security interests, encumbrances and claims which appear on the
Title Report, but not limited to, the (a) Tax Sale Certificate No.
19-00007 of Christiana Trust, as Custodian, dated March 30, 2020,
recorded June 12, 2020 in Book 14806, page 1, Instrument #
2020030626 in the amount of $2,732 ("Tax Sale Certificate"), and
(b) UCC-1 Financing Statement #2019027821 in favor of Loan Funder,
LLC filed on June 3, 2019.
At the time of closing, the proceeds of the sale of the Property
will be paid as follows:
a. Normal costs attendant with closing on the sale of the
Property;
b. 5% of the Purchase Price commission ($12,000) to Sotheby's,
to be split equally with any participating broker in connection
with the sale of the Property;
c. The Tax Sale Certificate; and
d. All remaining proceeds to be paid to Fay Servicing, LLC, as
servicer for U.S. Bank Trust National Association, in its capacity
as trustee of HOF I Grantor Trust 5 on account of its Secured Claim
secured by a mortgage against the Property and UCC-1 Financing
Statement at the time of closing on the sale of the Property
pursuant to the terms of the Order.
The Debtor believes the $240,000 purchase price for the Property is
the highest and best offer which it will receive for the Property
and that it is in its best business judgment to proceed with the
sale of the Property to the Purchaser, especially because
Purchaser's offer does not include a mortgage contingency.
The Debtor asks the Court to waive the stay under Bankruptcy Rule
6004(h).
A hearing on the Motion is set for Nov. 24, 2020 at 11:00 a.m.
A copy of the Contract is available at https://tinyurl.com/y4pyw2mz
from PacerMonitor.com free of charge.
About TTK RE Enterprise
TTK RE Enterprise LLC is a privately held company in Somers Point,
New Jersey. The Company is the 100% owner of 48 real estate
properties in New Jersey having a total current value of
$9,265,000.
TTK RE Enterprise sought Chapter 11 protection (Bankr. D.N.J. Case
No. 19-30460) on Oct. 29, 2019 in Camden, New Jersey. In the
petition signed by Emily K. Vu, president, the Debtor disclosed
total assets of $9,269,950, and total liabilities of $6,432,457.
Judge Jerrold N. Poslusny Jr. oversees the case. FLASTER GREENBERG
PC - CHERRY HILL is the Debtor's counsel.
TUPPERWARE BRANDS: Moody's Upgrades CFR to Caa2
-----------------------------------------------
Moody's Investors Service upgraded Tupperware Brands Corporation's
Corporate Family Rating to Caa2 from Caa3, its Probability of
Default Rating to Caa2-PD from Caa3-PD and its senior unsecured
notes rating to Caa3 from Ca. The Speculative Grade Liquidity
Rating remains unchanged SGL-4. The CFR, PDR and notes ratings were
placed on review for further upgrade.
The upgrade to a Caa2 CFR reflects Tupperware's improved operating
performance and increased likelihood that the company will
refinance the 2021 note maturity. On November 2nd, Tupperware's
announcement that it had entered into a commitment letter with
Angelo, Gordon & Co. and JP Morgan Chase Bank, in which they have
agreed to provide Tupperware with $275 million in term loans.[1]
The term loans will be comprised of a $200 million term loan A and
a $75 million term loan B, both of which will be due in 2023. Net
proceeds of the new debt and cash on hand will be used to redeem
the company's remaining $380 million of senior notes due in June
2021 and pay fees and expenses. If completed based on the terms
outlined, the transaction will significantly reduce the company's
liquidity risk and will allow management to concentrate on
execution of Tupperware's meaningful turnaround in the current
recessionary environment. Tupperware ended a string of declining
results and produced growth in the active sales force and revenue
in the third quarter as part of its turnaround efforts, and the
performance contributed to improved capital terms that is
increasing the likelihood of a refinancing at a manageable interest
cost.
Moody's recognizes the challenges that Tupperware will face given
continued governmental mandates for social distancing that directly
contrasts with the company's traditional party-based direct selling
business. Tupperware's sales force is utilizing a number of online
and social media tools developed by the company, as a partial
offset to these challenges. The third quarter performance evidences
some initial success with these strategies. Social elements
including changes to consumer shopping patterns and the
attractiveness of individuals serving as Tupperware sales
representatives are also negatively affecting the company's direct
selling business model. Nonetheless, recent senior management
appointments bring important direct selling and consumer product
experience.
Tupperware's ratings remain on review for upgrade pending
completion of the proposed refinancing. The review will focus on
Tupperware's ability to complete the proposed transaction and the
final terms. Upon completion of the deal, Moody's expects to
upgrade Tupperware's CFR to Caa1.
The following is a summary of Moody's rating actions:
Tupperware Brands Corporation
Ratings Upgraded:
Corporate Family Rating to Caa2 from Caa3; placed on review for
further upgrade
Probability of Default Rating to Caa2-PD from Caa3-PD; placed on
review for further upgrade
Senior unsecured rating to Caa3 (LGD5) from Ca (LGD5); placed on
review for further upgrade
Outlook:
Outlook, Changed to Rating Under Review from Negative
RATINGS RATIONALE
Tupperware's Caa2 CFR reflects the challenges related to its core
business, including returning its direct selling business to long
term revenue growth. Moody's believes that competitive, economic,
and structural headwinds will continue to create challenges for the
company to maintain sustainable top-line growth and quickly execute
a significant operational turnaround. The company's unique direct
selling business model is highly reliant upon its ability to
recruit and retain sales representatives around the world. There is
risk to direct sellers in developing markets as increasing retail
penetration, e-commerce activity, and competition gradually
diminish the current distribution advantages. Developing markets
also tend to include more volatile economies and foreign exchange
rate exposure. In addition, the company's modest scale relative to
other consumer product peers and sensitivity to discretionary
consumer spending heighten credit risks. The ratings are supported
by Tupperware's well-recognized brand name, good product
development capabilities, and global selling and distribution
capabilities.
The speculative-grade liquidity rating is unchanged at SGL-4
indicating weak liquidity due to Tupperware's reliance on external
capital to address the June 2021 maturity. Moody's expects to
upgrade the liquidity rating once the refinancing is completed.
Social risks are a meaningful consideration given the company's
direct sales business model. The current potential impact of the
coronavirus on the sales force and mandates for social distancing,
changing demographics, economic and employment conditions can
affect the company's ability to recruit and retain its sales force
and can also influence how consumers shop. The business model can
also come under scrutiny by regulators. Tupperware also faces
important corporate governance challenges reflecting meaningful
turnover at the senior management ranks, although Moody's views as
positive the focus of new senior management on consumer needs to
create long-term sustainable value and turn around the business.
Environmental considerations are not material to Tupperware's
credit profile, but the company must monitor its land, water,
energy and raw material usage.
The coronavirus outbreak, the government measures put in place to
contain it, and the weak global economic outlook continue to
disrupt economies and credit markets across sectors and regions.
Moody's analysis has considered the effect on the performance of
consumer sectors from the current weak U.S. economic activity and a
gradual recovery for the coming months. Although an economic
recovery is underway, it is tenuous and its continuation will be
closely tied to containment of the virus. As a result, the degree
of uncertainty around its forecasts is unusually high. Moody's
regards the coronavirus outbreak as a social risk under its ESG
framework, given the substantial implications for public health and
safety.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Tupperware's ratings could be downgraded if the company is unable
to successfully complete the refinancing of its notes due June
2021. Ratings could also be downgraded if the company is unable to
maintain the initial improvement in its sales representative
counts, revenue and earnings. Deteriorating liquidity or an adverse
shift in the regulatory environment could also lead to a
downgrade.
Tupperware's ratings could be upgraded if the company successfully
completes the refinancing of its notes due June 2021.
Tupperware Brands Corporation is a global manufacturer and direct
seller of consumer products across multiple categories including
food storage, preparation and serving items, and beauty and
personal care products. Products are sold through a worldwide sales
force that includes approximately 3 million independent dealers.
Tupperware is publicly traded and generated approximately $1.7
billion in annual revenue.
The principal methodology used in these ratings was Consumer
Packaged Goods Methodology published in February 2020.
VICTORIA TOWERS: Seeks Plan Exclusivity Extension Thru March 4
--------------------------------------------------------------
Victoria Towers Development Mezz Corp. requests the U.S. Bankruptcy
Court for the Eastern District of New York to extend the exclusive
periods for filing a Chapter 11 plan through and including March 4,
2021, and for soliciting acceptances of the plan through and
including May 2, 2021.
The Debtor seeks an extension of their current exclusive periods to
avoid premature formulation of a Chapter 11 plan that fails to take
into account critical business and operational factors that are yet
to be evaluated by the Debtor. "We believe that the requested
extension will allow us and our related entities to evaluate and
analyze our businesses to make determinations regarding a plan of
reorganization," the Debtor says.
The Debtor, along with its Managing Member, is exploring potential
sales of assets that would aid in formulating a confirmable plan
and focusing its energies with its related entities on obtaining
replacement financing which could resolve its debt.
Premature termination of the exclusive periods might force the
Debtor to waste valuable time and efforts combating competing plans
and result in increased administrative expenses.
About Victoria Towers Development Mezz
Victoria Towers Development Mezz Corp., a Flushing, N.Y.-based
company engaged in constructing and managing real properties, filed
a petition under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y.
Case No. 20-72405) on July 8, 2020. Myint Kyaw, Debtor's managing
member, signed the petition.
At the time of the filing, the Debtor disclosed estimated assets of
up to $50,000 and estimated liabilities of $10 million to $50
million.
Judge Robert E. Grossman oversees the case. The Debtor tapped
Weinberg, Gross & Pergament LLP, and Macco Law Group, LLC, both as
legal counsel.
[^] Large Companies with Insolvent Balance Sheet
------------------------------------------------
Total
Share- Total
Total Holders' Working
Assets Equity Capital
Company Ticker ($MM) ($MM) ($MM)
------- ------ ------ -------- -------
ABSOLUTE SOFTWRE ABST CN 136.7 (40.5) (9.7)
ABSOLUTE SOFTWRE OU1 GR 136.7 (40.5) (9.7)
ABSOLUTE SOFTWRE ABST US 136.7 (40.5) (9.7)
ABSOLUTE SOFTWRE ABT2EUR EU 136.7 (40.5) (9.7)
ACCELERATE DIAGN 1A8 GR 104.2 (49.7) 85.0
ACCELERATE DIAGN AXDX US 104.2 (49.7) 85.0
ACCELERATE DIAGN AXDX* MM 104.2 (49.7) 85.0
ACCELERATE DIAGN 1A8 SW 104.2 (49.7) 85.0
ADAPTHEALTH CORP AHCO US 1,548.8 439.7 169.6
AGENUS INC AJ81 GR 204.5 (179.4) (21.4)
AGENUS INC AGEN US 204.5 (179.4) (21.4)
AGENUS INC AGENEUR EU 204.5 (179.4) (21.4)
AGENUS INC AJ81 QT 204.5 (179.4) (21.4)
AGENUS INC AJ81 GZ 204.5 (179.4) (21.4)
AGILITI INC AGLY US 745.0 (67.7) 17.3
AMC ENTERTAINMEN AMC US 10,876.2 (2,335.4) (979.6)
AMC ENTERTAINMEN AMC4EUR EU 10,876.2 (2,335.4) (979.6)
AMC ENTERTAINMEN AMC* MM 10,876.2 (2,335.4) (979.6)
AMC ENTERTAINMEN AH9 TH 10,876.2 (2,335.4) (979.6)
AMC ENTERTAINMEN AH9 QT 10,876.2 (2,335.4) (979.6)
AMC ENTERTAINMEN AH9 GR 10,876.2 (2,335.4) (979.6)
AMERICA'S CAR-MA CRMT US 716.3 (253.0) 498.7
AMERICA'S CAR-MA HC9 GR 716.3 (253.0) 498.7
AMERICA'S CAR-MA CRMTEUR EU 716.3 (253.0) 498.7
AMERICAN AIR-BDR AALL34 BZ 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE AAL11EUR EU 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE AAL AV 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE AAL TE 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE A1G SW 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE A1G GZ 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE A1G QT 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE AAL US 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE AAL* MM 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE A1G GR 62,773.0 (5,528.0) (4,244.0)
AMERICAN AIRLINE A1G TH 62,773.0 (5,528.0) (4,244.0)
AMERISOURCEB-BDR A1MB34 BZ 44,274.8 (839.6) (797.4)
AMERISOURCEBERGE ABG TH 44,274.8 (839.6) (797.4)
AMERISOURCEBERGE ABC2EUR EU 44,274.8 (839.6) (797.4)
AMERISOURCEBERGE ABG GR 44,274.8 (839.6) (797.4)
AMERISOURCEBERGE ABC US 44,274.8 (839.6) (797.4)
AMERISOURCEBERGE ABG QT 44,274.8 (839.6) (797.4)
AMERISOURCEBERGE ABG GZ 44,274.8 (839.6) (797.4)
APACHE CORP APA GR 12,875.0 (37.0) 337.0
APACHE CORP APA* MM 12,875.0 (37.0) 337.0
APACHE CORP APA TH 12,875.0 (37.0) 337.0
APACHE CORP APA US 12,875.0 (37.0) 337.0
APACHE CORP APA GZ 12,875.0 (37.0) 337.0
APACHE CORP APA1 SW 12,875.0 (37.0) 337.0
APACHE CORP APAEUR EU 12,875.0 (37.0) 337.0
APACHE CORP APA QT 12,875.0 (37.0) 337.0
APACHE CORP- BDR A1PA34 BZ 12,875.0 (37.0) 337.0
AQUESTIVE THERAP AQST US 50.4 (36.5) 13.3
AUTOZONE INC AZO US 14,423.9 (878.0) 528.8
AUTOZONE INC AZ5 GR 14,423.9 (878.0) 528.8
AUTOZONE INC AZ5 TH 14,423.9 (878.0) 528.8
AUTOZONE INC AZ5 GZ 14,423.9 (878.0) 528.8
AUTOZONE INC AZO AV 14,423.9 (878.0) 528.8
AUTOZONE INC AZ5 TE 14,423.9 (878.0) 528.8
AUTOZONE INC AZO* MM 14,423.9 (878.0) 528.8
AUTOZONE INC AZOEUR EU 14,423.9 (878.0) 528.8
AUTOZONE INC AZ5 QT 14,423.9 (878.0) 528.8
AUTOZONE INC-BDR AZOI34 BZ 14,423.9 (878.0) 528.8
AVID TECHNOLOGY AVID US 261.4 (144.2) 11.7
AVID TECHNOLOGY AVD GR 261.4 (144.2) 11.7
AVIS BUD-CEDEAR CAR AR 19,596.0 (76.0) 469.0
AVIS BUDGET GROU CUCA GR 19,596.0 (76.0) 469.0
AVIS BUDGET GROU CAR US 19,596.0 (76.0) 469.0
AVIS BUDGET GROU CUCA TH 19,596.0 (76.0) 469.0
AVIS BUDGET GROU CAR* MM 19,596.0 (76.0) 469.0
AVIS BUDGET GROU CAR2EUR EU 19,596.0 (76.0) 469.0
AVIS BUDGET GROU CUCA QT 19,596.0 (76.0) 469.0
B RILEY PRINCIPA BMRG/U US 177.3 175.5 (1.3)
BABCOCK & WILCOX BW US 605.8 (320.8) 116.9
BBTV HOLDINGS IN BBTV CN 1.0 (1.2) (0.7)
BELLRING BRAND-A BRBR US 653.5 (161.0) 137.1
BELLRING BRAND-A BR6 GR 653.5 (161.0) 137.1
BELLRING BRAND-A BR6 TH 653.5 (161.0) 137.1
BELLRING BRAND-A BRBR1EUR EU 653.5 (161.0) 137.1
BELLRING BRAND-A BR6 GZ 653.5 (161.0) 137.1
BIGCOMMERCE-1 BIGC US 235.5 158.5 160.4
BIGCOMMERCE-1 BI1 GR 235.5 158.5 160.4
BIGCOMMERCE-1 BI1 GZ 235.5 158.5 160.4
BIGCOMMERCE-1 BI1 TH 235.5 158.5 160.4
BIGCOMMERCE-1 BIGCEUR EU 235.5 158.5 160.4
BIGCOMMERCE-1 BI1 QT 235.5 158.5 160.4
BIODESIX INC BDSX US 45.5 (52.5) (27.4)
BIOHAVEN PHARMAC BHVN US 782.0 (153.8) 491.2
BIOHAVEN PHARMAC 2VN GR 782.0 (153.8) 491.2
BIOHAVEN PHARMAC BHVNEUR EU 782.0 (153.8) 491.2
BIOHAVEN PHARMAC 2VN TH 782.0 (153.8) 491.2
BIONOVATE TECHNO BIIO US - (0.4) (0.4)
BLACK ROCK PETRO BKRP US 0.0 (0.0) -
BLUE BIRD CORP 4RB GR 390.1 (61.9) 39.3
BLUE BIRD CORP BLBDEUR EU 390.1 (61.9) 39.3
BLUE BIRD CORP 4RB GZ 390.1 (61.9) 39.3
BLUE BIRD CORP BLBD US 390.1 (61.9) 39.3
BOEING CO-BDR BOEI34 BZ 161,261.0 (11,553.0) 38,705.0
BOEING CO-CED BA AR 161,261.0 (11,553.0) 38,705.0
BOEING CO-CED BAD AR 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BCO GR 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BAEUR EU 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA EU 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BOE LN 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA PE 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BOEI BB 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA US 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BCO TH 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA SW 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA* MM 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA TE 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA AV 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BA CI 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BAUSD SW 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BCO GZ 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE BCO QT 161,261.0 (11,553.0) 38,705.0
BOEING CO/THE TR TCXBOE AU 161,261.0 (11,553.0) 38,705.0
BOMBARDIER INC-B BBDBN MM 24,109.0 (6,448.0) 791.0
BORROWMONEY.COM BWMY US 0.0 (0.5) (0.5)
BRINKER INTL EAT US 2,335.3 (465.1) (269.9)
BRINKER INTL BKJ GR 2,335.3 (465.1) (269.9)
BRINKER INTL BKJ TH 2,335.3 (465.1) (269.9)
BRINKER INTL EAT2EUR EU 2,335.3 (465.1) (269.9)
BRINKER INTL BKJ QT 2,335.3 (465.1) (269.9)
BRP INC/CA-SUB V B15A GZ 4,240.0 (666.0) 759.8
BRP INC/CA-SUB V DOOEUR EU 4,240.0 (666.0) 759.8
BRP INC/CA-SUB V DOO CN 4,240.0 (666.0) 759.8
BRP INC/CA-SUB V B15A GR 4,240.0 (666.0) 759.8
BRP INC/CA-SUB V DOOO US 4,240.0 (666.0) 759.8
CADIZ INC CDZI US 73.4 (22.5) 5.1
CADIZ INC CDZIEUR EU 73.4 (22.5) 5.1
CADIZ INC 2ZC GR 73.4 (22.5) 5.1
CALIFORNIA RESOU CRC US 4,856.0 (1,581.0) (774.0)
CALUMET SPECIALT CLMT US 1,807.5 (44.8) 69.3
CDK GLOBAL INC CDK* MM 2,915.7 (514.5) (88.2)
CDK GLOBAL INC C2G QT 2,915.7 (514.5) (88.2)
CDK GLOBAL INC CDKEUR EU 2,915.7 (514.5) (88.2)
CDK GLOBAL INC C2G TH 2,915.7 (514.5) (88.2)
CDK GLOBAL INC C2G GR 2,915.7 (514.5) (88.2)
CDK GLOBAL INC CDK US 2,915.7 (514.5) (88.2)
CEDAR FAIR LP FUN US 2,501.5 (551.3) 43.1
CENGAGE LEARNING CNGO US 2,645.9 (180.3) 94.7
CEREVEL THERAPEU CERE US 150.5 142.6 (1.7)
CHEWY INC- CL A CHWY US 1,144.8 (377.6) (475.8)
CHEWY INC- CL A CHWY* MM 1,144.8 (377.6) (475.8)
CHOICE HOTELS CZH GR 1,570.1 (21.4) 163.2
CHOICE HOTELS CHH US 1,570.1 (21.4) 163.2
CINCINNATI BELL CBB US 2,563.8 (204.5) (88.5)
CINCINNATI BELL CIB1 GR 2,563.8 (204.5) (88.5)
CINCINNATI BELL CBBEUR EU 2,563.8 (204.5) (88.5)
CLOVIS ONCOLOGY C6O GR 593.1 (163.4) 165.3
CLOVIS ONCOLOGY CLVS US 593.1 (163.4) 165.3
CLOVIS ONCOLOGY C6O QT 593.1 (163.4) 165.3
CLOVIS ONCOLOGY CLVSEUR EU 593.1 (163.4) 165.3
CLOVIS ONCOLOGY C6O TH 593.1 (163.4) 165.3
CLOVIS ONCOLOGY C6O GZ 593.1 (163.4) 165.3
CODIAK BIOSCIENC CDAK US 110.4 (44.0) 18.0
COGENT COMMUNICA OGM1 GR 1,000.9 (260.7) 380.1
COGENT COMMUNICA CCOI US 1,000.9 (260.7) 380.1
COGENT COMMUNICA CCOIEUR EU 1,000.9 (260.7) 380.1
COGENT COMMUNICA CCOI* MM 1,000.9 (260.7) 380.1
COMMUNITY HEALTH CYH US 16,516.0 (1,476.0) 1,063.0
COMMUNITY HEALTH CG5 GR 16,516.0 (1,476.0) 1,063.0
COMMUNITY HEALTH CG5 QT 16,516.0 (1,476.0) 1,063.0
COMMUNITY HEALTH CYH1EUR EU 16,516.0 (1,476.0) 1,063.0
COMMUNITY HEALTH CG5 TH 16,516.0 (1,476.0) 1,063.0
CONVERGE TECHNOL CTS CN 493.1 48.3 (105.8)
CRYPTO CO/THE CRCW US 0.1 (2.2) (2.0)
DELEK LOGISTICS DKL US 957.6 (111.5) 11.7
DENNY'S CORP DENN US 450.8 (138.4) (15.3)
DENNY'S CORP DE8 TH 450.8 (138.4) (15.3)
DENNY'S CORP DE8 GR 450.8 (138.4) (15.3)
DENNY'S CORP DENNEUR EU 450.8 (138.4) (15.3)
DIEBOLD NIXDORF DBD GR 3,627.8 (811.7) 391.4
DIEBOLD NIXDORF DBD US 3,627.8 (811.7) 391.4
DIEBOLD NIXDORF DBDEUR EU 3,627.8 (811.7) 391.4
DIEBOLD NIXDORF DBD TH 3,627.8 (811.7) 391.4
DIEBOLD NIXDORF DBD QT 3,627.8 (811.7) 391.4
DIEBOLD NIXDORF DBD SW 3,627.8 (811.7) 391.4
DIEBOLD NIXDORF DBD GZ 3,627.8 (811.7) 391.4
DINE BRANDS GLOB DIN US 2,070.9 (356.4) 203.3
DINE BRANDS GLOB IHP GR 2,070.9 (356.4) 203.3
DINE BRANDS GLOB IHP TH 2,070.9 (356.4) 203.3
DOMINO'S PIZZA EZV GR 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA DPZ US 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA EZV TH 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA DPZEUR EU 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA EZV GZ 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA DPZ AV 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA DPZ* MM 1,620.9 (3,211.5) 468.0
DOMINO'S PIZZA EZV QT 1,620.9 (3,211.5) 468.0
DOMO INC- CL B DOMO US 195.1 (72.9) (8.0)
DOMO INC- CL B 1ON GR 195.1 (72.9) (8.0)
DOMO INC- CL B 1ON GZ 195.1 (72.9) (8.0)
DOMO INC- CL B DOMOEUR EU 195.1 (72.9) (8.0)
DOMO INC- CL B 1ON TH 195.1 (72.9) (8.0)
DRAFTKINGS INC-A 8DEA TH 2,566.7 1,994.7 973.0
DRAFTKINGS INC-A 8DEA QT 2,566.7 1,994.7 973.0
DRAFTKINGS INC-A 8DEA GZ 2,566.7 1,994.7 973.0
DRAFTKINGS INC-A DKNG US 2,566.7 1,994.7 973.0
DRAFTKINGS INC-A 8DEA GR 2,566.7 1,994.7 973.0
DRAFTKINGS INC-A DKNG1EUR EU 2,566.7 1,994.7 973.0
DRAFTKINGS INC-A DKNG* MM 2,566.7 1,994.7 973.0
DUNKIN' BRANDS G 2DB GR 3,889.0 (533.3) 348.2
DUNKIN' BRANDS G 2DB TH 3,889.0 (533.3) 348.2
DUNKIN' BRANDS G DNKN US 3,889.0 (533.3) 348.2
DUNKIN' BRANDS G DNKNEUR EU 3,889.0 (533.3) 348.2
DUNKIN' BRANDS G 2DB QT 3,889.0 (533.3) 348.2
DUNKIN' BRANDS G 2DB GZ 3,889.0 (533.3) 348.2
DYE & DURHAM LTD DND CN 271.9 112.3 0.8
DYE & DURHAM LTD DYNDF US 271.9 112.3 0.8
EMISPHERE TECH EMIS US 5.2 (155.3) (1.4)
EOS ENERGY ENTER EOSE US 177.3 175.5 (1.3)
EVERI HOLDINGS I EVRI US 1,458.2 (15.4) 89.9
EVERI HOLDINGS I G2C GR 1,458.2 (15.4) 89.9
EVERI HOLDINGS I G2C TH 1,458.2 (15.4) 89.9
EVERI HOLDINGS I EVRIEUR EU 1,458.2 (15.4) 89.9
FATHOM HOLDINGS FTHM US 35.2 30.3 29.7
FLEXION THERAPEU FLXNEUR EU 263.4 (3.1) 186.2
FLEXION THERAPEU F02 TH 263.4 (3.1) 186.2
FLEXION THERAPEU F02 QT 263.4 (3.1) 186.2
FLEXION THERAPEU FLXN US 263.4 (3.1) 186.2
FLEXION THERAPEU F02 GR 263.4 (3.1) 186.2
FRONTDOOR IN FTDR US 1,407.0 (71.0) 211.0
FRONTDOOR IN 3I5 GR 1,407.0 (71.0) 211.0
FRONTDOOR IN FTDREUR EU 1,407.0 (71.0) 211.0
FTS INTERNATIONA 9992011D US 452.2 (84.0) 187.2
FTS INTERNATIONA FTSIEUR EU 452.2 (84.0) 187.2
FTS INTERNATIONA FT5A GZ 452.2 (84.0) 187.2
FTS INTERNATIONA FT5A GR 452.2 (84.0) 187.2
GODADDY INC-A 38D TH 6,207.8 (163.8) (1,101.8)
GODADDY INC-A GDDY* MM 6,207.8 (163.8) (1,101.8)
GODADDY INC-A 38D GR 6,207.8 (163.8) (1,101.8)
GODADDY INC-A 38D QT 6,207.8 (163.8) (1,101.8)
GODADDY INC-A GDDY US 6,207.8 (163.8) (1,101.8)
GOGO INC GOGO US 984.5 (647.2) 363.1
GOGO INC GOGOEUR EU 984.5 (647.2) 363.1
GOGO INC G0G GR 984.5 (647.2) 363.1
GOGO INC G0G QT 984.5 (647.2) 363.1
GOGO INC G0G SW 984.5 (647.2) 363.1
GOGO INC G0G TH 984.5 (647.2) 363.1
GOGO INC G0G GZ 984.5 (647.2) 363.1
GOOSEHEAD INSU-A GSHD US 120.0 (49.4) 25.2
GOOSEHEAD INSU-A 2OX GR 120.0 (49.4) 25.2
GOOSEHEAD INSU-A GSHDEUR EU 120.0 (49.4) 25.2
GORES HOLDINGS I GHIVU US 425.8 406.4 (4.0)
GORES HOLDINGS-A GHIV US 425.8 406.4 (4.0)
GRAFTECH INTERNA EAF US 1,467.6 (472.1) 445.4
GRAFTECH INTERNA G6G GR 1,467.6 (472.1) 445.4
GRAFTECH INTERNA G6G TH 1,467.6 (472.1) 445.4
GRAFTECH INTERNA EAFEUR EU 1,467.6 (472.1) 445.4
GRAFTECH INTERNA G6G GZ 1,467.6 (472.1) 445.4
GRAFTECH INTERNA G6G QT 1,467.6 (472.1) 445.4
GREEN PLAINS PAR GPP US 103.9 (61.6) (37.0)
GREENSKY INC-A GSKY US 1,461.9 (205.9) 784.2
GURU ORGANIC ENE GURU CN 0.0 (0.0) (0.0)
HERBALIFE NUTRIT HOO GR 2,921.2 (912.9) 639.4
HERBALIFE NUTRIT HLF US 2,921.2 (912.9) 639.4
HERBALIFE NUTRIT HOO TH 2,921.2 (912.9) 639.4
HERBALIFE NUTRIT HOO GZ 2,921.2 (912.9) 639.4
HERBALIFE NUTRIT HLFEUR EU 2,921.2 (912.9) 639.4
HERBALIFE NUTRIT HOO QT 2,921.2 (912.9) 639.4
HEWLETT-CEDEAR HPQ AR 34,244.0 (1,986.0) (4,757.0)
HEWLETT-CEDEAR HPQC AR 34,244.0 (1,986.0) (4,757.0)
HEWLETT-CEDEAR HPQD AR 34,244.0 (1,986.0) (4,757.0)
HILTON WORLD-BDR H1LT34 BZ 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HLT* MM 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HLTW AV 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HI91 TE 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HLT US 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HLTEUR EU 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HI91 QT 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HI91 TH 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HI91 GR 17,129.0 (1,319.0) 2,285.0
HILTON WORLDWIDE HI91 GZ 17,129.0 (1,319.0) 2,285.0
HORIZON GLOBAL HZN1EUR EU 458.0 (22.1) 91.8
HORIZON GLOBAL HZN US 458.0 (22.1) 91.8
HORIZON GLOBAL 2H6 GR 458.0 (22.1) 91.8
HOVNANIAN ENT-A HO3A GR 1,805.7 (479.5) 773.7
HOVNANIAN ENT-A HOV US 1,805.7 (479.5) 773.7
HOVNANIAN ENT-A HOVEUR EU 1,805.7 (479.5) 773.7
HP COMPANY-BDR HPQB34 BZ 34,244.0 (1,986.0) (4,757.0)
HP INC HPQ TE 34,244.0 (1,986.0) (4,757.0)
HP INC HPQ US 34,244.0 (1,986.0) (4,757.0)
HP INC 7HP TH 34,244.0 (1,986.0) (4,757.0)
HP INC 7HP GR 34,244.0 (1,986.0) (4,757.0)
HP INC HPQ* MM 34,244.0 (1,986.0) (4,757.0)
HP INC HPQ AV 34,244.0 (1,986.0) (4,757.0)
HP INC HPQ CI 34,244.0 (1,986.0) (4,757.0)
HP INC HPQUSD SW 34,244.0 (1,986.0) (4,757.0)
HP INC HPQEUR EU 34,244.0 (1,986.0) (4,757.0)
HP INC 7HP GZ 34,244.0 (1,986.0) (4,757.0)
HP INC HPQ SW 34,244.0 (1,986.0) (4,757.0)
HP INC 7HP QT 34,244.0 (1,986.0) (4,757.0)
IAA INC IAA US 2,388.8 (3.6) 352.4
IAA INC 3NI GR 2,388.8 (3.6) 352.4
IAA INC IAA-WEUR EU 2,388.8 (3.6) 352.4
IDERA PHARMACEUT IDRA US 32.3 (32.4) 24.4
IMMUNOGEN INC IMU GR 248.0 (42.9) 119.5
IMMUNOGEN INC IMGN US 248.0 (42.9) 119.5
IMMUNOGEN INC IMU TH 248.0 (42.9) 119.5
IMMUNOGEN INC IMGNEUR EU 248.0 (42.9) 119.5
IMMUNOGEN INC IMGN* MM 248.0 (42.9) 119.5
IMMUNOGEN INC IMU GZ 248.0 (42.9) 119.5
IMMUNOGEN INC IMU QT 248.0 (42.9) 119.5
INFRASTRUCTURE A IEA US 722.4 (72.1) 97.1
INFRASTRUCTURE A IEAEUR EU 722.4 (72.1) 97.1
INFRASTRUCTURE A 5YF GR 722.4 (72.1) 97.1
INHIBRX INC INBX US 21.3 (67.0) (21.0)
INHIBRX INC 1RK GR 21.3 (67.0) (21.0)
INHIBRX INC INBXEUR EU 21.3 (67.0) (21.0)
INHIBRX INC 1RK QT 21.3 (67.0) (21.0)
INSEEGO CORP INO GZ 223.7 (27.2) 40.7
INSEEGO CORP INSG US 223.7 (27.2) 40.7
INSEEGO CORP INO GR 223.7 (27.2) 40.7
INSEEGO CORP INSGEUR EU 223.7 (27.2) 40.7
INSEEGO CORP INO TH 223.7 (27.2) 40.7
INSEEGO CORP INO QT 223.7 (27.2) 40.7
INTERCEPT PHARMA ICPT* MM 591.4 (130.3) 398.0
INTERCEPT PHARMA I4P QT 591.4 (130.3) 398.0
INTERCEPT PHARMA ICPT US 591.4 (130.3) 398.0
INTERCEPT PHARMA I4P GR 591.4 (130.3) 398.0
INTERCEPT PHARMA I4P TH 591.4 (130.3) 398.0
INTERCEPT PHARMA I4P GZ 591.4 (130.3) 398.0
JACK IN THE BOX JBX GR 1,906.5 (793.4) (4.8)
JACK IN THE BOX JACK US 1,906.5 (793.4) (4.8)
JACK IN THE BOX JBX GZ 1,906.5 (793.4) (4.8)
JACK IN THE BOX JBX QT 1,906.5 (793.4) (4.8)
JACK IN THE BOX JACK1EUR EU 1,906.5 (793.4) (4.8)
JOSEMARIA RESOUR JOSES I2 28.8 (9.4) (18.4)
JOSEMARIA RESOUR JOSE SS 28.8 (9.4) (18.4)
JOSEMARIA RESOUR NGQSEK EU 28.8 (9.4) (18.4)
JOSEMARIA RESOUR JOSES IX 28.8 (9.4) (18.4)
JOSEMARIA RESOUR JOSES EB 28.8 (9.4) (18.4)
JUST ENERGY GROU JE US 1,137.7 (170.7) (33.8)
JUST ENERGY GROU JE CN 1,137.7 (170.7) (33.8)
JUST ENERGY GROU 1JE GR 1,137.7 (170.7) (33.8)
JUST ENERGY GROU 1JE1 TH 1,137.7 (170.7) (33.8)
L BRANDS INC LTD GR 11,160.7 (1,564.0) 1,597.2
L BRANDS INC LB US 11,160.7 (1,564.0) 1,597.2
L BRANDS INC LTD TH 11,160.7 (1,564.0) 1,597.2
L BRANDS INC LBRA AV 11,160.7 (1,564.0) 1,597.2
L BRANDS INC LB* MM 11,160.7 (1,564.0) 1,597.2
L BRANDS INC LTD QT 11,160.7 (1,564.0) 1,597.2
L BRANDS INC LBEUR EU 11,160.7 (1,564.0) 1,597.2
L BRANDS INC-BDR LBRN34 BZ 11,160.7 (1,564.0) 1,597.2
LENNOX INTL INC LXI GR 1,981.2 (115.7) 353.0
LENNOX INTL INC LII US 1,981.2 (115.7) 353.0
LENNOX INTL INC LXI TH 1,981.2 (115.7) 353.0
LENNOX INTL INC LII1EUR EU 1,981.2 (115.7) 353.0
LENNOX INTL INC LII* MM 1,981.2 (115.7) 353.0
LESLIE'S INC LESL US 479.7 (887.4) 116.6
LESLIE'S INC LE3 GR 479.7 (887.4) 116.6
LESLIE'S INC LESLEUR EU 479.7 (887.4) 116.6
MADISON SQUARE G MSG1EUR EU 1,219.4 (239.9) (216.3)
MADISON SQUARE G MS8 GR 1,219.4 (239.9) (216.3)
MADISON SQUARE G MSGS US 1,219.4 (239.9) (216.3)
MANNKIND CORP MNKD US 95.7 (186.4) (39.8)
MCAFEE CORP - A MCFE US 5,553.0 (2,323.0) (1,182.0)
MCAFEE CORP - A MC7 GR 5,553.0 (2,323.0) (1,182.0)
MCAFEE CORP - A MCFEEUR EU 5,553.0 (2,323.0) (1,182.0)
MCDONALD'S CORP TCXMCD AU 50,699.3 (8,472.1) 455.9
MCDONALDS - BDR MCDC34 BZ 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MDO TH 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCD US 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCD SW 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MDO GR 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCD* MM 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCD TE 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCD AV 50,699.3 (8,472.1) 455.9
MCDONALDS CORP 0R16 LN 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCD CI 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCDUSD SW 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MCDEUR EU 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MDO GZ 50,699.3 (8,472.1) 455.9
MCDONALDS CORP MDO QT 50,699.3 (8,472.1) 455.9
MCDONALDS-CEDEAR MCD AR 50,699.3 (8,472.1) 455.9
MCDONALDS-CEDEAR MCDC AR 50,699.3 (8,472.1) 455.9
MCDONALDS-CEDEAR MCDD AR 50,699.3 (8,472.1) 455.9
MEDLEY MANAGE-A MDLY US 38.7 (132.0) (15.2)
MERCER PARK BR-A MRCQF US 411.4 (7.6) 2.7
MERCER PARK BR-A BRND/A/U CN 411.4 (7.6) 2.7
MICHAELS COS INC MIKEUR EU 3,923.3 (1,509.9) 385.4
MICHAELS COS INC MIK US 3,923.3 (1,509.9) 385.4
MICHAELS COS INC MIM GR 3,923.3 (1,509.9) 385.4
MICHAELS COS INC MIM TH 3,923.3 (1,509.9) 385.4
MICHAELS COS INC MIM QT 3,923.3 (1,509.9) 385.4
MICHAELS COS INC MIM GZ 3,923.3 (1,509.9) 385.4
MILESTONE MEDICA MMDPLN EU 1.0 (16.3) (16.3)
MILESTONE MEDICA MMD PW 1.0 (16.3) (16.3)
MONEYGRAM INTERN MGI US 4,494.0 (249.1) (94.5)
MONEYGRAM INTERN 9M1N GR 4,494.0 (249.1) (94.5)
MONEYGRAM INTERN 9M1N TH 4,494.0 (249.1) (94.5)
MONEYGRAM INTERN MGIEUR EU 4,494.0 (249.1) (94.5)
MONEYGRAM INTERN 9M1N QT 4,494.0 (249.1) (94.5)
MOTOROLA SOL-CED MSI AR 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MTLA GR 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MOT TE 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MSI US 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MTLA TH 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MOSI AV 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MSI1EUR EU 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MTLA GZ 10,361.0 (740.0) 659.0
MOTOROLA SOLUTIO MTLA QT 10,361.0 (740.0) 659.0
MSCI INC MSCI US 4,111.7 (386.6) 1,008.2
MSCI INC 3HM GR 4,111.7 (386.6) 1,008.2
MSCI INC 3HM GZ 4,111.7 (386.6) 1,008.2
MSCI INC MSCI* MM 4,111.7 (386.6) 1,008.2
MSCI INC 3HM QT 4,111.7 (386.6) 1,008.2
MSCI INC 3HM TH 4,111.7 (386.6) 1,008.2
MSCI INC-BDR M1SC34 BZ 4,111.7 (386.6) 1,008.2
MSG NETWORKS- A MSGN US 893.6 (515.7) 294.3
MSG NETWORKS- A MSGNEUR EU 893.6 (515.7) 294.3
MSG NETWORKS- A 1M4 QT 893.6 (515.7) 294.3
MSG NETWORKS- A 1M4 TH 893.6 (515.7) 294.3
MSG NETWORKS- A 1M4 GR 893.6 (515.7) 294.3
NATHANS FAMOUS NATH US 106.3 (63.1) 79.0
NATHANS FAMOUS NFA GR 106.3 (63.1) 79.0
NATHANS FAMOUS NATHEUR EU 106.3 (63.1) 79.0
NAVISTAR INTL IHR TH 6,675.0 (3,828.0) 1,577.0
NAVISTAR INTL IHR GR 6,675.0 (3,828.0) 1,577.0
NAVISTAR INTL NAV US 6,675.0 (3,828.0) 1,577.0
NAVISTAR INTL NAVEUR EU 6,675.0 (3,828.0) 1,577.0
NAVISTAR INTL IHR QT 6,675.0 (3,828.0) 1,577.0
NAVISTAR INTL IHR GZ 6,675.0 (3,828.0) 1,577.0
NESCO HOLDINGS I NSCO US 769.5 (24.4) 54.0
NEW ENG RLTY-LP NEN US 293.1 (39.3) -
NORTHERN OIL AND 4LT1 GR 1,025.5 (83.7) 13.3
NORTHERN OIL AND NOG US 1,025.5 (83.7) 13.3
NORTHERN OIL AND NOG1EUR EU 1,025.5 (83.7) 13.3
NORTONLIFEL- BDR S1YM34 BZ 6,313.0 (476.0) 44.0
NORTONLIFELOCK I NLOK US 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYM TH 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYM GR 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYMC TE 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYMC AV 6,313.0 (476.0) 44.0
NORTONLIFELOCK I NLOK* MM 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYMCEUR EU 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYM GZ 6,313.0 (476.0) 44.0
NORTONLIFELOCK I SYM QT 6,313.0 (476.0) 44.0
NUTANIX INC - A 0NU GZ 1,768.5 (275.0) 333.8
NUTANIX INC - A 0NU GR 1,768.5 (275.0) 333.8
NUTANIX INC - A NTNXEUR EU 1,768.5 (275.0) 333.8
NUTANIX INC - A 0NU TH 1,768.5 (275.0) 333.8
NUTANIX INC - A 0NU QT 1,768.5 (275.0) 333.8
NUTANIX INC - A NTNX US 1,768.5 (275.0) 333.8
NUTANIX INC - A 0NU SW 1,768.5 (275.0) 333.8
OASIS PETROLEUM OAS US 2,506.8 (638.2) (235.9)
OCULAR THERAPEUT 0OT GZ 98.2 (4.1) 59.0
OCULAR THERAPEUT OCULEUR EU 98.2 (4.1) 59.0
OCULAR THERAPEUT 0OT TH 98.2 (4.1) 59.0
OCULAR THERAPEUT 0OT GR 98.2 (4.1) 59.0
OCULAR THERAPEUT OCUL US 98.2 (4.1) 59.0
OMEROS CORP OMER US 227.1 (87.3) 148.3
OMEROS CORP 3O8 GR 227.1 (87.3) 148.3
OMEROS CORP 3O8 QT 227.1 (87.3) 148.3
OMEROS CORP 3O8 TH 227.1 (87.3) 148.3
OMEROS CORP OMEREUR EU 227.1 (87.3) 148.3
ONDAS HOLDINGS I ONDSD US 2.6 (16.4) (16.3)
OPTIVA INC OPT CN 84.2 (82.4) 3.3
OPTIVA INC RKNEF US 84.2 (82.4) 3.3
OTIS WORLDWI OTIS US 10,473.0 (3,383.0) (20.0)
OTIS WORLDWI 4PG GR 10,473.0 (3,383.0) (20.0)
OTIS WORLDWI 4PG GZ 10,473.0 (3,383.0) (20.0)
OTIS WORLDWI OTISEUR EU 10,473.0 (3,383.0) (20.0)
OTIS WORLDWI OTIS* MM 10,473.0 (3,383.0) (20.0)
OTIS WORLDWI 4PG TH 10,473.0 (3,383.0) (20.0)
OTIS WORLDWI 4PG QT 10,473.0 (3,383.0) (20.0)
PAPA JOHN'S INTL PZZA US 816.7 (14.1) 19.4
PAPA JOHN'S INTL PP1 GR 816.7 (14.1) 19.4
PAPA JOHN'S INTL PZZAEUR EU 816.7 (14.1) 19.4
PAPA JOHN'S INTL PP1 GZ 816.7 (14.1) 19.4
PARATEK PHARMACE PRTK US 198.7 (79.9) 172.1
PARATEK PHARMACE N4CN GR 198.7 (79.9) 172.1
PARATEK PHARMACE N4CN TH 198.7 (79.9) 172.1
PHILIP MORRI-BDR PHMO34 BZ 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN 4I1 GR 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PM US 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PM1CHF EU 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PM1 TE 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN 4I1 TH 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PMI SW 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PM1EUR EU 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN 0M8V LN 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PM* MM 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PMIZ EB 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PMIZ IX 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN 4I1 GZ 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN 4I1 QT 39,129.0 (10,245.0) 1,928.0
PHILIP MORRIS IN PMOR AV 39,129.0 (10,245.0) 1,928.0
PLANET FITNESS-A 3PL QT 1,801.6 (722.9) 440.8
PLANET FITNESS-A PLNT1EUR EU 1,801.6 (722.9) 440.8
PLANET FITNESS-A PLNT US 1,801.6 (722.9) 440.8
PLANET FITNESS-A 3PL TH 1,801.6 (722.9) 440.8
PLANET FITNESS-A 3PL GR 1,801.6 (722.9) 440.8
PLANET FITNESS-A 3PL GZ 1,801.6 (722.9) 440.8
PLANTRONICS INC PLT US 2,201.5 (145.0) 193.1
PLANTRONICS INC PTM GR 2,201.5 (145.0) 193.1
PLANTRONICS INC PLTEUR EU 2,201.5 (145.0) 193.1
PLANTRONICS INC PTM GZ 2,201.5 (145.0) 193.1
PLANTRONICS INC PTM TH 2,201.5 (145.0) 193.1
PLANTRONICS INC PTM QT 2,201.5 (145.0) 193.1
PLATINUM GROUP M PTM CN 36.3 (4.3) (1.8)
POPULATION HEALT PHICU US 0.3 (0.0) (0.3)
PPD INC PPD US 6,041.5 (915.2) 203.0
PRIORITY TECHNOL PRTHU US 380.4 (98.3) 3.6
PRIORITY TECHNOL PRTH US 380.4 (98.3) 3.6
PRIORITY TECHNOL PRTHEUR EU 380.4 (98.3) 3.6
PRIORITY TECHNOL 60W GR 380.4 (98.3) 3.6
PROGENITY INC 4ZU TH 111.0 (84.8) 9.5
PROGENITY INC 4ZU QT 111.0 (84.8) 9.5
PROGENITY INC PROG US 111.0 (84.8) 9.5
PSOMAGEN INC-KDR 950200 KS - - -
PUMA BIOTECHNOLO PBYI US 261.7 (0.5) 41.6
PUMA BIOTECHNOLO 0PB TH 261.7 (0.5) 41.6
PUMA BIOTECHNOLO 0PB GR 261.7 (0.5) 41.6
PUMA BIOTECHNOLO PBYIEUR EU 261.7 (0.5) 41.6
QELL ACQUISITION QELLU US 10.2 (0.0) (0.6)
QUANTUM CORP QNT2 GR 173.3 (196.2) (1.5)
QUANTUM CORP QMCO US 173.3 (196.2) (1.5)
QUANTUM CORP QTM1EUR EU 173.3 (196.2) (1.5)
RADIUS HEALTH IN RDUS US 196.0 (108.6) 101.7
RADIUS HEALTH IN 1R8 TH 196.0 (108.6) 101.7
RADIUS HEALTH IN 1R8 QT 196.0 (108.6) 101.7
RADIUS HEALTH IN RDUSEUR EU 196.0 (108.6) 101.7
RADIUS HEALTH IN 1R8 GR 196.0 (108.6) 101.7
REC SILICON ASA RECO IX 258.4 (19.2) 47.9
REC SILICON ASA REC SS 258.4 (19.2) 47.9
REC SILICON ASA RECO S1 258.4 (19.2) 47.9
REC SILICON ASA RECO TQ 258.4 (19.2) 47.9
REC SILICON ASA RECO EB 258.4 (19.2) 47.9
REC SILICON ASA REC EU 258.4 (19.2) 47.9
REC SILICON ASA REC NO 258.4 (19.2) 47.9
REC SILICON ASA RECO QE 258.4 (19.2) 47.9
REC SILICON ASA RECO I2 258.4 (19.2) 47.9
REC SILICON ASA RECO QX 258.4 (19.2) 47.9
REC SILICON ASA RECO PO 258.4 (19.2) 47.9
REC SILICON ASA RECO B3 258.4 (19.2) 47.9
REC SILICON ASA RECO S2 258.4 (19.2) 47.9
REC SILICON ASA RECO L3 258.4 (19.2) 47.9
REVLON INC-A REV US 2,973.3 (1,582.9) (38.9)
REVLON INC-A RVL1 GR 2,973.3 (1,582.9) (38.9)
REVLON INC-A RVL1 TH 2,973.3 (1,582.9) (38.9)
REVLON INC-A REVEUR EU 2,973.3 (1,582.9) (38.9)
REVLON INC-A REV* MM 2,973.3 (1,582.9) (38.9)
RIMINI STREET IN RMNI US 220.3 (61.5) (64.7)
SBA COMM CORP SBAC* MM 9,034.7 (4,471.2) (92.7)
SBA COMM CORP 4SB GZ 9,034.7 (4,471.2) (92.7)
SBA COMM CORP 4SB GR 9,034.7 (4,471.2) (92.7)
SBA COMM CORP SBAC US 9,034.7 (4,471.2) (92.7)
SBA COMM CORP 4SB TH 9,034.7 (4,471.2) (92.7)
SBA COMM CORP SBACEUR EU 9,034.7 (4,471.2) (92.7)
SBA COMM CORP 4SB QT 9,034.7 (4,471.2) (92.7)
SBA COMMUN - BDR S1BA34 BZ 9,034.7 (4,471.2) (92.7)
SCIENTIFIC GAMES SGMS US 8,102.0 (2,541.0) 1,424.0
SCIENTIFIC GAMES TJW GR 8,102.0 (2,541.0) 1,424.0
SCIENTIFIC GAMES TJW TH 8,102.0 (2,541.0) 1,424.0
SCIENTIFIC GAMES TJW GZ 8,102.0 (2,541.0) 1,424.0
SEAWORLD ENTERTA W2L GR 2,650.2 (66.5) 211.5
SEAWORLD ENTERTA W2L TH 2,650.2 (66.5) 211.5
SEAWORLD ENTERTA SEAS US 2,650.2 (66.5) 211.5
SEAWORLD ENTERTA SEASEUR EU 2,650.2 (66.5) 211.5
SELECTA BIOSCIEN SELB US 181.0 (7.4) 89.5
SHELL MIDSTREAM SHLX US 2,394.0 (414.0) 311.0
SINCLAIR BROAD-A SBGI US 12,483.0 (1,483.0) 1,567.0
SINCLAIR BROAD-A SBTA GR 12,483.0 (1,483.0) 1,567.0
SINCLAIR BROAD-A SBTA TH 12,483.0 (1,483.0) 1,567.0
SINCLAIR BROAD-A SBTA QT 12,483.0 (1,483.0) 1,567.0
SINCLAIR BROAD-A SBGIEUR EU 12,483.0 (1,483.0) 1,567.0
SINCLAIR BROAD-A SBTA GZ 12,483.0 (1,483.0) 1,567.0
SIRIUS XM HO-BDR SRXM34 BZ 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN SIRI US 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN RDO GR 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN RDO TH 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN SIRI AV 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN SIRIEUR EU 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN RDO GZ 10,702.0 (911.0) (2,185.0)
SIRIUS XM HOLDIN RDO QT 10,702.0 (911.0) (2,185.0)
SIX FLAGS ENTERT 6FE GR 2,865.0 (532.7) (46.8)
SIX FLAGS ENTERT SIXEUR EU 2,865.0 (532.7) (46.8)
SIX FLAGS ENTERT 6FE QT 2,865.0 (532.7) (46.8)
SIX FLAGS ENTERT 6FE TH 2,865.0 (532.7) (46.8)
SIX FLAGS ENTERT SIX US 2,865.0 (532.7) (46.8)
SLEEP NUMBER COR SL2 GR 780.1 (102.8) (348.2)
SLEEP NUMBER COR SNBR US 780.1 (102.8) (348.2)
SLEEP NUMBER COR SNBREUR EU 780.1 (102.8) (348.2)
SOCIAL CAPITAL IPOB/U US 414.7 394.7 (4.9)
SOCIAL CAPITAL IPOC/U US 828.7 797.9 (1.2)
SOCIAL CAPITAL-A IPOB US 414.7 394.7 (4.9)
SOCIAL CAPITAL-A IPOC US 828.7 797.9 (1.2)
SONA NANOTECH IN SONA CN 1.7 (2.2) (2.4)
STARBUCKS CORP SBUX* MM 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SRB GR 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SRB TH 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX AV 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUXEUR EU 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX TE 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX IM 29,374.5 (7,799.4) 459.6
STARBUCKS CORP TCXSBU AU 29,374.5 (7,799.4) 459.6
STARBUCKS CORP USSBUX KZ 29,374.5 (7,799.4) 459.6
STARBUCKS CORP 0QZH LI 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX CI 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUXUSD SW 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SRB GZ 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX PE 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX US 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SBUX SW 29,374.5 (7,799.4) 459.6
STARBUCKS CORP SRB QT 29,374.5 (7,799.4) 459.6
STARBUCKS-BDR SBUB34 BZ 29,374.5 (7,799.4) 459.6
STARBUCKS-CEDEAR SBUXD AR 29,374.5 (7,799.4) 459.6
STARBUCKS-CEDEAR SBUX AR 29,374.5 (7,799.4) 459.6
SUNPOWER CORP S9P2 GR 1,449.3 (7.1) 107.0
SUNPOWER CORP SPWR US 1,449.3 (7.1) 107.0
SUNPOWER CORP S9P2 TH 1,449.3 (7.1) 107.0
SUNPOWER CORP SPWREUR EU 1,449.3 (7.1) 107.0
SUNPOWER CORP S9P2 GZ 1,449.3 (7.1) 107.0
SUNPOWER CORP S9P2 QT 1,449.3 (7.1) 107.0
SUNPOWER CORP S9P2 SW 1,449.3 (7.1) 107.0
TAUBMAN CENTERS TU8 GR 4,579.6 (298.0) -
TAUBMAN CENTERS TCO US 4,579.6 (298.0) -
TAUBMAN CENTERS TCO2EUR EU 4,579.6 (298.0) -
TENNECO INC-A TNN GR 11,811.0 (43.0) 1,258.0
TENNECO INC-A TEN US 11,811.0 (43.0) 1,258.0
TENNECO INC-A TEN1EUR EU 11,811.0 (43.0) 1,258.0
TENNECO INC-A TNN GZ 11,811.0 (43.0) 1,258.0
TENNECO INC-A TNN TH 11,811.0 (43.0) 1,258.0
TRANSDIGM - BDR T1DG34 BZ 18,395.0 (3,968.0) 5,344.0
TRANSDIGM GROUP TDG US 18,395.0 (3,968.0) 5,344.0
TRANSDIGM GROUP T7D GR 18,395.0 (3,968.0) 5,344.0
TRANSDIGM GROUP T7D TH 18,395.0 (3,968.0) 5,344.0
TRANSDIGM GROUP TDGEUR EU 18,395.0 (3,968.0) 5,344.0
TRANSDIGM GROUP T7D QT 18,395.0 (3,968.0) 5,344.0
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TRIUMPH GROUP TGI US 2,533.4 (1,064.4) 790.5
TRIUMPH GROUP TG7 GR 2,533.4 (1,064.4) 790.5
TRIUMPH GROUP TG7 TH 2,533.4 (1,064.4) 790.5
TRIUMPH GROUP TGIEUR EU 2,533.4 (1,064.4) 790.5
TUPPERWARE BRAND TUP GR 1,191.4 (244.0) (655.5)
TUPPERWARE BRAND TUP US 1,191.4 (244.0) (655.5)
TUPPERWARE BRAND TUP TH 1,191.4 (244.0) (655.5)
TUPPERWARE BRAND TUP1EUR EU 1,191.4 (244.0) (655.5)
TUPPERWARE BRAND TUP GZ 1,191.4 (244.0) (655.5)
TUPPERWARE BRAND TUP QT 1,191.4 (244.0) (655.5)
TUPPERWARE BRAND TUP SW 1,191.4 (244.0) (655.5)
UBIQUITI INC UI US 751.9 (261.9) 334.9
UBIQUITI INC 3UB GR 751.9 (261.9) 334.9
UBIQUITI INC 3UB GZ 751.9 (261.9) 334.9
UBIQUITI INC UBNTEUR EU 751.9 (261.9) 334.9
UNISYS CORP USY1 TH 2,407.4 (200.3) 549.4
UNISYS CORP USY1 GR 2,407.4 (200.3) 549.4
UNISYS CORP UIS US 2,407.4 (200.3) 549.4
UNISYS CORP UIS1 SW 2,407.4 (200.3) 549.4
UNISYS CORP UISEUR EU 2,407.4 (200.3) 549.4
UNISYS CORP UISCHF EU 2,407.4 (200.3) 549.4
UNISYS CORP USY1 GZ 2,407.4 (200.3) 549.4
UNISYS CORP USY1 QT 2,407.4 (200.3) 549.4
UNITI GROUP INC 8XC TH 4,838.0 (1,995.1) -
UNITI GROUP INC 8XC GR 4,838.0 (1,995.1) -
UNITI GROUP INC UNIT US 4,838.0 (1,995.1) -
VALVOLINE INC 0V4 GR 3,051.0 (76.0) 994.0
VALVOLINE INC 0V4 TH 3,051.0 (76.0) 994.0
VALVOLINE INC VVVEUR EU 3,051.0 (76.0) 994.0
VALVOLINE INC 0V4 QT 3,051.0 (76.0) 994.0
VALVOLINE INC VVV US 3,051.0 (76.0) 994.0
VECTOR GROUP LTD VGR US 1,443.0 (662.1) 360.6
VECTOR GROUP LTD VGR GR 1,443.0 (662.1) 360.6
VECTOR GROUP LTD VGREUR EU 1,443.0 (662.1) 360.6
VECTOR GROUP LTD VGR TH 1,443.0 (662.1) 360.6
VECTOR GROUP LTD VGR QT 1,443.0 (662.1) 360.6
VECTOR GROUP LTD VGR GZ 1,443.0 (662.1) 360.6
VERISIGN INC VRS TH 1,764.3 (1,386.2) 228.1
VERISIGN INC VRSN US 1,764.3 (1,386.2) 228.1
VERISIGN INC VRS GR 1,764.3 (1,386.2) 228.1
VERISIGN INC VRSN* MM 1,764.3 (1,386.2) 228.1
VERISIGN INC VRSNEUR EU 1,764.3 (1,386.2) 228.1
VERISIGN INC VRS GZ 1,764.3 (1,386.2) 228.1
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VERISIGN INC-BDR VRSN34 BZ 1,764.3 (1,386.2) 228.1
VERISIGN-CEDEAR VRSN AR 1,764.3 (1,386.2) 228.1
VERY GOOD FOOD C VERY CN 15.8 9.1 8.1
VERY GOOD FOOD C VRYYF US 15.8 9.1 8.1
VITASPRING BIOME VSBC US 0.0 (0.1) (0.1)
VIVINT SMART HOM VVNT US 2,924.7 (1,437.3) (300.3)
WARNER MUSIC-A WMG US 6,410.0 (45.0) (1,042.0)
WARNER MUSIC-A WA4 GR 6,410.0 (45.0) (1,042.0)
WARNER MUSIC-A WMGEUR EU 6,410.0 (45.0) (1,042.0)
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WARNER MUSIC-A WMG AV 6,410.0 (45.0) (1,042.0)
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WATERS CORP WAT US 2,679.3 (41.6) 569.5
WATERS CORP WAZ GR 2,679.3 (41.6) 569.5
WATERS CORP WAZ TH 2,679.3 (41.6) 569.5
WATERS CORP WAT* MM 2,679.3 (41.6) 569.5
WATERS CORP WAZ QT 2,679.3 (41.6) 569.5
WATERS CORP WATEUR EU 2,679.3 (41.6) 569.5
WATERS CORP-BDR WATC34 BZ 2,679.3 (41.6) 569.5
WAYFAIR INC- A W US 4,558.4 (1,459.6) 826.1
WAYFAIR INC- A W* MM 4,558.4 (1,459.6) 826.1
WAYFAIR INC- A 1WF GZ 4,558.4 (1,459.6) 826.1
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WAYFAIR INC- A 1WF GR 4,558.4 (1,459.6) 826.1
WAYFAIR INC- A 1WF TH 4,558.4 (1,459.6) 826.1
WAYFAIR INC- A WEUR EU 4,558.4 (1,459.6) 826.1
WIDEOPENWEST INC WOW US 2,499.3 (222.5) (100.6)
WIDEOPENWEST INC WOW1EUR EU 2,499.3 (222.5) (100.6)
WIDEOPENWEST INC WU5 QT 2,499.3 (222.5) (100.6)
WIDEOPENWEST INC WU5 GR 2,499.3 (222.5) (100.6)
WIDEOPENWEST INC WU5 TH 2,499.3 (222.5) (100.6)
WINGSTOP INC WING1EUR EU 219.7 (183.5) 24.9
WINGSTOP INC WING US 219.7 (183.5) 24.9
WINGSTOP INC EWG GR 219.7 (183.5) 24.9
WINGSTOP INC EWG GZ 219.7 (183.5) 24.9
WINMARK CORP WINA US 35.8 (8.8) 10.4
WINMARK CORP GBZ GR 35.8 (8.8) 10.4
WORKHORSE GROUP WKHSEUR EU 120.4 (12.2) (32.4)
WORKHORSE GROUP 1WO TH 120.4 (12.2) (32.4)
WORKHORSE GROUP 1WO GZ 120.4 (12.2) (32.4)
WORKHORSE GROUP 1WO GR 120.4 (12.2) (32.4)
WORKHORSE GROUP WKHS US 120.4 (12.2) (32.4)
WORKHORSE GROUP 1WO QT 120.4 (12.2) (32.4)
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WW INTERNATIONAL WW6 GR 1,503.0 (581.2) (42.9)
WW INTERNATIONAL WTW AV 1,503.0 (581.2) (42.9)
WW INTERNATIONAL WW6 GZ 1,503.0 (581.2) (42.9)
WW INTERNATIONAL WTWEUR EU 1,503.0 (581.2) (42.9)
WW INTERNATIONAL WW6 QT 1,503.0 (581.2) (42.9)
WW INTERNATIONAL WW6 TH 1,503.0 (581.2) (42.9)
WYNDHAM DESTINAT WD5 GR 7,822.0 (993.0) 1,562.0
WYNDHAM DESTINAT WYND US 7,822.0 (993.0) 1,562.0
WYNDHAM DESTINAT WD5 TH 7,822.0 (993.0) 1,562.0
WYNDHAM DESTINAT WD5 QT 7,822.0 (993.0) 1,562.0
WYNDHAM DESTINAT WYNEUR EU 7,822.0 (993.0) 1,562.0
WYNN RESORTS LTD WYR GR 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYR TH 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYNN* MM 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYNN US 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYNNEUR EU 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYR GZ 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYNN SW 13,967.1 (546.6) 2,180.8
WYNN RESORTS LTD WYR QT 13,967.1 (546.6) 2,180.8
WYNN RESORTS-BDR W1YN34 BZ 13,967.1 (546.6) 2,180.8
YRC WORLDWIDE IN YEL1 GR 2,108.3 (323.1) 321.6
YRC WORLDWIDE IN YRCW US 2,108.3 (323.1) 321.6
YRC WORLDWIDE IN YEL1 QT 2,108.3 (323.1) 321.6
YRC WORLDWIDE IN YRCWEUR EU 2,108.3 (323.1) 321.6
YRC WORLDWIDE IN YEL1 TH 2,108.3 (323.1) 321.6
YUM! BRANDS -BDR YUMR34 BZ 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC TGR TH 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC TGR GR 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC YUM AV 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC TGR TE 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC YUMUSD SW 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC TGR GZ 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC YUM US 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC YUMEUR EU 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC TGR QT 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC YUM SW 6,061.0 (7,919.0) 477.0
YUM! BRANDS INC YUM* MM 6,061.0 (7,919.0) 477.0
ZOOMINFO TECH-A ZI US 2,048.5 820.5 173.9
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA.
Jhonas Dampog, Marites Claro, Joy Agravante, Rousel Elaine
Tumanda, Valerie Udtuhan, Howard C. Tolentino, Carmel Paderog,
Meriam Fernandez, Joel Anthony G. Lopez, Cecil R. Villacampa,
Sheryl Joy P. Olano, Psyche A. Castillon, Ivy B. Magdadaro, Carlo
Fernandez, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2020. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The TCR subscription rate is $975 for 6 months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact Peter A.
Chapman at 215-945-7000.
*** End of Transmission ***