/raid1/www/Hosts/bankrupt/TCR_Public/230901.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Friday, September 1, 2023, Vol. 27, No. 243
Headlines
2202 EAST ANDERSON: To Test $7MM Bid at Sept. 19 Hearing
423 FF&E MEZZ: Public Auction Set for October 11
ADAMIS PHARMACEUTICALS: CEO Gets $585K Salary Under New Contract
AEMETIS INC: Appoints J. Michael Rockett as Executive VP
AVALON EV: Amy Denton Mayer Named Subchapter V Trustee
BENITAGO INC: Case Summary & 20 Largest Unsecured Creditors
BIG VILLAGE: Amended Combined Disclosure & Plan Confirmed by Judge
BLOCKFI INC: Fights With Three Arrows, FTX Over Possible Repayments
BLUE STAR: Granted Until Sept. 15 to Demonstrate Nasdaq Compliance
CARBON CONSULTANTS: Case Summary & 20 Largest Unsecured Creditors
CELSIUS NETWORK: Disclosure Statement Okayed
CONTAINER STORE: Moody's Cuts CFR to 'B2', Outlook Stable
CREATIVE REALITIES: Pinnacle Family, Barry Kitt Report 7.1% Stake
DIAMOND SPORTS: Accuses JPMorgan of Helping Siphon $929 Million
DIGITAL MEDIA: S&P Upgrades ICR to 'CCC', Outlook Negative
DIGITAL MEDIA: Two Directors Quit From Board
EARL FREDDY INVEST: Gina Klump Named Subchapter V Trustee
EMPIRE TODAY: S&P Downgrades ICR to 'CCC+', Outlook Negative
ESOURCE RESOURCES: Asset Sale Proceeds to Fund Plan
FOREST CITY: Moody's Cuts CFR to B3 & Senior Secured Debt to Caa1
FTX GROUP: Creditors Want Speedy Mediation Due to Cash Burn
FUJI JAPANESE: Case Summary & Five Unsecured Creditors
GBZ NORTHERN: Voluntary Chapter 11 Case Summary
GREELEY LAND: Sept. 27 Plan Confirmation Hearing Set
HEARING ASSOCIATES: Holly Miller Named Subchapter V Trustee
HERITAGE POWER: Plan Set for October 2023 Confirmation
HERMANOS GONZALES: Allison Byman Appointed as Chapter 11 Trustee
HICKAM HARBOR: Susan Seflin Named Subchapter V Trustee
HUMAN HOUSING: Hearing on Louisville Property Sale Set for Oct. 3
IMAGINE SCHOOL: Moody's Reviews 'Ba1' Bond Rating for Downgrade
JACKSON HOSPITAL: Moody's Lowers Revenue Bond Rating to 'B1'
LEXARIA BIOSCIENCE: Regains Compliance With Nasdaq Bid Price Rule
LIGHT & WONDER: Fitch Corrects Aug. 9 Ratings Release
LIVIE & LUCA: Mark Sharf Named Subchapter V Trustee
LORDSTOWN MOTORS: Shields Bankruptcy from Foxconn Attacks
MATEO ENTERPRISE: Unsecureds to Split $300K over 60 Months
MEDIAMATH: $22 Million Chapter 11 Sale to Infillion Okayed
MEJJM INC: Deborah Caruso Named Subchapter V Trustee
MIKU INC: Joseph Schwartz Named Subchapter V Trustee
MODERN FARM: James Cross Named Subchapter V Trustee
MOKELUMNE INVESTMENTS: Nathan Smith Named Subchapter V Trustee
MOMENTUM BREWERY: Unsecureds to be Paid in Full in Plan
MYOMO INC: Expects to Raise $4.4M From Registered Public Offering
NABORS GARAGE: Case Summary & 16 Unsecured Creditors
ORBITAL INFRASTRUCTURE: Alter Domus, Streeterville DIP Loans OK'd
PLZ CORP: S&P Lowers Issuer Credit Rating to 'B-', Outlook Stable
POMONA VALLEY: Unsecured Creditors to Get 100% Under Plan
PORTUGUESE BEND: Selling Assets to Smoke and Fire for $265,000
PRIME CORE: U.S. Trustee Appoints Creditors' Committee
SA HOSPITAL: Involuntary Chapter 11 Case Summary
SAGINAW PREPARATORY: S&P Raises Revenue Bond LT Rating to 'B+'
SAS AB: To Stay in Chapter 11 Until 1st Quarter of 2024
SCHAFFNER PUBLICATIONS: Subchapter V Plan Confirmed by Judge
SG-TMGC LLC: Voluntary Chapter 11 Case Summary
SHEARER'S FOODS: S&P Upgrades ICR to 'B', Outlook Stable
SIKES CONCRETE: Jodi Daniel Dubose Named Subchapter V Trustee
SIRVA INC: S&P Alters Outlook to Negative, Affirms 'B-' ICR
SL GREEN: Moody's Lowers CFR to Ba2 & Alters Outlook to Negative
SOURCEWATER INC: Sept. 26 Plan Confirmation Hearing Set
SOUTH AMERICAN: Seeks to Continue Deadlines for 2 Weeks
SOUTH BRONX: S&P Cuts 2013A Tax-Exempt Rev. Bonds Rating to 'BB'
ST. MARGARET'S HEALTH - SPRING: Case Summary & Unsecured Creditors
ST. MARGARET'S HEALTH: Voluntary Chapter 11 Case Summary
STORED SOLAR: Committee and Trustee Propose Plan
SUN VALLEY: James Cross Named Subchapter V Trustee
SUNLIGHT PROPERTIES: Selling Las Vegas Property for $440,000
SVB FINANCIAL GROUP: Wants to Rebuild SVB Capital
SVP HOLDINGS: S&P Affirms B- Issuer Credit Rating, Outlook Stable
TITAN MECHANICAL: Case Summary & 20 Largest Unsecured Creditors
TYSON FAMILY: Three Unsecured Creditors Appointed to Committee
VIEWRAY INC: Judge Declines DIP Revisions
VOYAGEUR ACADEMY: S&P Affirms 'B+' LT Rating on 2011 Revenue Bond
VRC LLC: Case Summary & 16 Unsecured Creditors
VRS LLC: Jeanette McPherson Named Subchapter V Trustee
WAVECREST ENTERPRISES: Court Rejects Disclosure Statement
WESTERN GLOBAL: U.S. Trustee Appoints 2 New Committee Members
YELLOW CORP: Intends to Bring Teamsters Suit to Bankruptcy Court
YUNHONG CTI: Five Proposals Passed at Annual Meeting
[^] BOOK REVIEW: The Luckiest Guy in the World
*********
2202 EAST ANDERSON: To Test $7MM Bid at Sept. 19 Hearing
--------------------------------------------------------
Carolyn Dye, the Chapter 11 trustee for 2202 East Anderson Street
LLC, asked the U.S. Bankruptcy Court for the Central District of
California to approve the sale of the company's real properties to
2315 South Santa Fe Avenue, LLC or to another buyer with a better
offer.
The properties up for sale consist of 29,110 square feet of
building situated on 36,615 square feet of land. The properties are
located in the City of Vernon, Los Angeles.
2315 South Santa Fe offers to buy the properties for $7 million to
be paid in one lump sum at closing. The buyer has already paid a
deposit of $225,000 into escrow.
The sale is not subject to any contingencies but one of the
conditions of the offer is that the trustee must seek court
approval and solicit overbids from other interested buyers,
according to the motion filed by the trustee in court.
Under the proposed overbid process, the minimum overbid must be
$50,000 above 2315 South Santa Fe's offer and any subsequent
overbids must be at least $25,000 over the preceding offer.
Interested buyers are also required to pay a minimum deposit of
$275,000 by cashier's check and submit to the trustee an evidence
of their ability to close not later than 48 hours before the
hearing on the motion, which is scheduled for Sept. 19, at 1:00
p.m.
At the conclusion of the hearing, the court will select the winning
bidder as well as the backup buyer in the event that the winning
bidder fails to close within 14 days after court approval of the
motion. The trustee can proceed to consummate the sale in
accordance with the terms of the offer from the winning bidder
without further court hearing or notice to creditors.
About 2202 East Anderson Street
2202 East Anderson Street, LLC is a single asset real estate (as
defined in 11 U.S.C. Section 101(51B)).
2202 East Anderson Street filed Chapter 11 petition (Bankr. C.D.
Calif. Case No. 23-11695) on March 23, 2023, with $1 million to $10
million in both assets and liabilities. Judge Neil W. Bason
oversees the case.
The Debtor is represented by Raymond H. Aver, Esq., at the Law
Offices of Raymond H. Aver.
Carolyn A. Dye, the Debtor's Chapter 11 trustee, is represented by
Dumas & Kim, APC.
423 FF&E MEZZ: Public Auction Set for October 11
------------------------------------------------
In accordance with applicable provisions of the Uniform Commercial
Code as enacted in New York, 56th and Park (NY) Owner LLC will
offer for sale at public auction all of the right, title and
interest of 423 FF&E Mezz LLC in and to the following assets: (i)
100% of the limited liability company interests in 432 FF&E LLC;
and (ii) certain related rights and property relating thereto.
Secured party's understanding is that certain fee interest in the
premises located at 432 Park Avenue, Unit 78A, New York, New York
10022 ("property").
The collateral secures indebtedness owing by pledgor to secured
party in a principal amount of $14,293,940.31 plus unpaid interest
on principal, default interest through the date of the public sale,
attorneys' fees, reasonable fees and costs, including the costs to
sell the collateral, subject to open charges and all additional
costs, fees and disbursements permitted by law.
The public sale will be conducted by Mannion Auctions LLC, under
the direction of Matthew D. Mannion, or such other auctioneer
licensed in the State of New York as is selected by secured party
in its sole and absolute discretion.
The public sale will be held at 2:30 p.m. (EDT) on Oct. 11, 2023,
at the offices of Alston & Bird LLP, 90 Park Avenue, 15th Floor,
New York, New York 10016, and will also be broadcast for virtual
bidding via zoom videoconference:
Meeting link: https://bit.ly/423ParkUCC
Meeting ID: 864 7417 7472
Passcode: 571617
One Tap: +16469313860,,86474177472#,,,,*571617# US
Mobile: +16465588656,,86474177472#,,,,*571617# US
Dial by your location: +1 646 931 3860 US
To receive the terms and conditions of sale and bidding
instructions by Oct. 9, 2023, at 4:00 p.m., Interested parties who
intend to bid on the collateral must contact either:
OFFICIAL Partners
Attn: Tal Alexander
331 Park Avenue South, 10th Floor
New York, New York 10010
Tel: +1 (917) 334-5501
Email: tal@officialpartners.com
or
North Point Real Estate Group
Attn: Greg Corbin
Tel: +1 (212) 419-8101
Email: greg@northpointreg.com
ADAMIS PHARMACEUTICALS: CEO Gets $585K Salary Under New Contract
----------------------------------------------------------------
Adamis Pharmaceuticals Corporation entered into an employment
agreement with Ebrahim Versi, M.D., Ph.D., who became the Company's
chief executive officer and Chairman of the board of directors of
the Company in connection with the closing of the merger
transaction with DMK Pharmaceuticals Corporation effective May 25,
2023.
Under the employment agreement, the Company agreed to employ Dr.
Versi as chief executive officer. The agreement provides for an
initial base salary at a rate of $585,000 per annum, and for
payment to Dr. Versi that reflects and takes into account such rate
as if it had been in effect as of the date that he became CEO. The
Board, or the Compensation Committee of the Board, may in its
discretion review Dr. Versi's base salary and may increase base
salary from time to time. Dr. Versi is eligible to participate in
benefit programs that are routinely made available to officers,
including any stock ownership plans or equity incentive plans,
profit sharing plans, incentive compensation or bonus plans,
retirement plans, Company-provided life insurance, or similar
benefit plans maintained or sponsored by the Company, including,
without limitation, eligibility to receive an annual cash bonus
under the Company's Bonus Plan at the target percentage of 60%
annual base salary (appropriately and proportionately pro rated for
the 2023 year based on the number of days that Dr. Versi serves as
chief executive officer during such year), based on such milestones
as the Board or the Compensation Committee may determine. Dr.
Versi is eligible to receive such discretionary bonuses as the
Board or the Compensation Committee may approve, and the Board may
in its discretion make discretionary cash or equity payments,
awards, changes in base salary, bonuses or other payments to its
officers and employees including Dr. Versi. The employment
agreement is terminable at any time by either party. Without Dr.
Versi's written consent, the Company may not take any action that
would materially diminish the aggregate value of fringe benefits
provided for under the agreement as they exist as of the date of
the agreement or as the same may be increased from time to time,
except for actions taken with respect to officers or employees
generally. Under the terms of the agreement, if the Company
terminates Dr. Versi's employment at any time, he will be entitled
to receive any unpaid prorated base salary along with all required
benefits and expense reimbursements. If the Company terminates Dr.
Versi's employment without Cause or if Dr. Versi terminates his
employment for Good Reason (as such terms are defined in the
employment agreement), then conditioned on timely execution of a
general release and waiver, he is entitled to receive the
following: (i) if such termination was not within one month before
or 12 months after a Change in Control (as defined in the
agreement), severance consisting of continued payment of his base
salary at his then-effective rate, less standard deductions and
withholdings, for a period of 18 months following the effective
date of termination; (ii) if such termination is within one month
before or 12 months after a Change in Control, a lump sum payment
equal to 18 months of his base salary as then in effect; (iii)
assuming eligibility and timely elections pursuant to the
Consolidated Omnibus Budget Reconciliation Act ("COBRA"), subject
to certain conditions and limitations, the same portion of premiums
for such coverage that the Company pays for similarly-situated
employees for the same level of group medical coverage, as in
effect as of the effective date of termination, for the period from
the effective date of termination through the earliest of 18 months
after the effective date of termination or the date that Dr. Versi
becomes eligible for group medical care coverage through other
employment; and (iv) a number of unvested stock options will
accelerate, vest and be exercisable as if Dr. Versi had remained
employed during the severance period, and all options will remain
exercisable for a period of one year after the date of termination.
Under the agreement, upon termination of employment by reason of
death or disability, any options that are vested and exercisable on
the termination date will remain exercisable for 12 months after
the date of cessation of service. In addition, in the event of a
Change in Control, all unvested options held by Dr. Versi will
accelerate and be exercisable in full and any unvested shares will
vest in full.
About Adamis Pharmaceuticals
Adamis Pharmaceuticals Corporation (NASDAQ: ADMP) --
http://www.adamispharmaceuticals.com-- is a specialty
biopharmaceutical company primarily focused on developing and
commercializing products in various therapeutic areas, including
allergy, opioid overdose, respiratory and inflammatory disease.
Adamis reported a net loss applicable to common stock of $26.48
million for the year ended Dec. 31, 2022, compared to a net loss
applicable to common stock of $45.83 million for the year ended
Dec. 31, 2021.
San Diego, California-based BDO USA, LLP, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated March 16, 2023, citing that the Company has suffered
recurring losses from operations and has a net capital deficiency
that raise substantial doubt about its ability to continue as a
going concern.
AEMETIS INC: Appoints J. Michael Rockett as Executive VP
--------------------------------------------------------
Aemetis, Inc. has appointed J. Michael Rockett as executive vice
president, general counsel and corporate secretary, effective
immediately.
Mr. Rockett brings over 28 years of relevant experience to the
company. Prior to joining Aemetis, he was vice president, general
counsel, and corporate secretary of InEnTec Inc., a developer of
technology and facilities to convert waste into renewable fuels and
chemical products. Mr. Rockett was formerly an attorney at the law
firm of Pillsbury Winthrop Shaw Pittman LLP in San Francisco, and a
Trial Attorney in the Environment and Natural Resources Division of
the United States Department of Justice in Washington D.C. and San
Francisco. He obtained his law degree, magna cum laude, from Lewis
and Clark College and a Bachelor of Arts in Economics from
Dartmouth College. Between college and law school, Mr. Rockett
worked as an economist at a consulting firm providing services to
energy companies.
"Aemetis completed the construction and operation of projects in
the U.S. and India, and now has several new projects underway that
are expected to significantly grow our revenues while reducing
global carbon emissions," said Eric McAfee, CEO of Aemetis. "We
expect that Mike's extensive experience and renewable sector
knowledge will be instrumental in helping us successfully execute
those projects and achieve the goals of our Five Year Plan. We are
pleased to have Mike on board and look forward to his immediate
impact on our growth plans."
"Joining Aemetis during this period of rapid growth is an exciting
opportunity to contribute to an experienced management team that
has already demonstrated success in the development and operation
of complex renewable fuels production facilities," Rockett stated.
In addition to corporate and commercial law, Mr. Rockett has
extensive experience in environmental law, low carbon renewable
fuels, and the permitting and development industrial facilities.
Aemetis currently produces ethanol, biodiesel, renewable natural
gas, and other products. Mr. Rockett's sector specific experience
is especially valuable as Aemetis is actively developing facilities
to expand the production of renewable natural gas from dairies,
produce renewable diesel and sustainable aviation fuel,
commercialize renewable feedstocks for biofuels production, and
provide long-term sequestration of carbon dioxide.
The Company has entered into an employment agreement with Mr.
Rockett in connection with his appointment. The Employment
Agreement uses substantially the same form as the Company entered
with its other executives. The agreement has an initial term of
three years, with automatic one-year extensions, unless terminated
by the Company or by Mr. Rockett in accordance with its terms.
The Employment Agreement provides for one year of severance pay and
benefits continuation for specified types of termination, including
involuntary termination without cause by the Company and
termination in connection with a change of control of Company. Mr.
Rockett's initial salary is $280,000 per year, and he is eligible
for annual bonuses in amounts consistent with other executive vice
presidents of the Company based on performance criteria to be
established and evaluated by the Company's chief executive officer.
The Company's Board, through its Governance, Compensation, and
Nominating Committee, has approved an option grant to Mr. Rockett
under the Company's 2019 Stock Plan allowing him to purchase
100,000 shares of the Company's Common Stock. The options vest
quarterly over three years and are exercisable at a price of $1.88
per share, which equals the closing price of one share of the
Company's Common Stock on the date of grant at the Company's most
recent regular meeting of the Governance, Compensation, and
Nominating Committer prior to entering into the Employment
Agreement. The Company has also entered into an Indemnification
Agreement and an Arbitration Agreement with Mr. Rockett on the same
terms as with the Company's other directors and executive officers.
About Aemetis
Headquartered in Cupertino, California, Aemetis, Inc. --
http://www.aemetis.com-- is an international renewable natural
gas, renewable fuels and byproducts company focused on the
acquisition, development and commercialization of innovative
technologies that replace traditional petroleum-based products.
The Company operates in two reportable geographic segments: "North
America" and "India."
Aemetis reported a net loss of $107.76 million for the year ended
Dec. 31, 2022, compared to a net loss of $47.15 million for the
year ended Dec. 31, 2021. As of March 31, 2023, the Company had
$210.38 million in total assets, $103.63 million in total current
liabilities, $329.17 million in total long-term liabilities, and a
total stockholders' deficit of $222.42 million.
"As a result of negative capital, negative market conditions
resulting in prolonged idling of the Keyes Plant, negative
operating results, and collateralization of substantially all of
the company assets, the Company has been reliant on its senior
secured lender to provide additional funding and has been required
to remit substantially all excess cash from operations to the
senior secured lender. In order to meet its obligations during the
next twelve months, the Company will need to either refinance the
Company's debt or receive the continued cooperation of its senior
lender. This dependence on the senior lender raises substantial
doubt about the Company's ability to continue as a going concern.
The Company plans to pursue the following strategies to improve the
course of the business," the Company said in its Form 10-Q for the
period ended June 30, 2023, filed with the Securities and Exchange
Commission.
AVALON EV: Amy Denton Mayer Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 21 appointed Amy Denton Mayer as
Subchapter V trustee for Avalon EV LLC.
Ms. Mayer will be paid an hourly fee of $350 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Mayer declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Amy Denton Mayer
10 E. Madison Street, Suite 200
Tampa, Florida 33602
Phone: (813)229-0144
Email: amayer@subvtrustee.com
About Avalon EV
Avalon EV, LLC filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
23-03525) on Aug. 16, 2023, with as much as $50,000 in assets and
$100,001 to $500,000 in liabilities. Judge Catherine Peek McEwen
oversees the case.
BENITAGO INC: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Twenty-nine affiliates that concurrently filed voluntary petitions
for relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
Benitago Inc. (Lead Case) 23-11394
433 Broadway, Suite 614
New York, NY 10013
Acrux LLC 23-11395
Aludra Limited 23-11396
Algedi LLC 23-11397
Biham LLC 23-11398
Canopus LLC 23-11399
Denebola LLC 23-11400
Errai LLC 23-11401
Felis LLC 23-11402
Ginan LLC 23-11403
Hamal LLC 23-11404
Izar LLC 23-11405
Jabbah LLC 23-11406
Kamuy LLC 23-11407
Lich LLC 23-11408
Maasym LLC 23-11409
Nusakan LLC 23-11410
Okab LLC 23-11411
Phact LLC 23-11412
Chechia LLC 23-11413
Dalim LLC 23-11414
Segin LLC 23-11415
Taiyi LLC 23-11416
Veritate LLC 23-11417
Wazn LLC 23-11418
Yildun LLC 23-11419
Bharani LLC 23-11420
Revati LLC 23-11421
Alhena LLC 23-11422
Business Description: Benitago operates an e-commerce aggregator
platform intended to create, acquire and
grow businesses.
Chapter 11 Petition Date: August 30, 2023
Court: United States Bankruptcy Court
Southern District of New York
Judge: TBA
Debtors' Counsel: Kyle J. Ortiz, Esq.
TOGUT SEGAL & SEGAL LLP
One Penn Plaza, Ste. 3335
New York NY 10119
Tel: 212-594-5000
Email: kortiz@teamtogut.com
Debtors'
Financial
Advisor: PORTAGE POINT PARTNERS
Debtors'
Notice,
Claims &
Balloting
Agent: STRETTO INC.
Estimated Assets
(on a consolidated basis): $50 million to $100 million
Estimated Liabilities
(on a consolidated basis): $50 million to $100 million
The petitions were signed by Thomas Studebaker as chief
restructuring officer.
Full-text copies of two of the Debtors' petitions are available for
free at PacerMonitor.com at:
https://www.pacermonitor.com/view/R7JKPBQ/Benitago_Inc__nysbke-23-11394__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/LYHTQEA/Aludra_Limited__nysbke-23-11396__0001.0.pdf?mcid=tGE4TAMA
List of Benitago's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Stefana - Veronica Sticlaru and Debt $1,502,362
Adrian Sticlaru
Alleea Soldat Nicolae Barbu 6
Bucuresti, 042017
Romania
Veronica Sticlaru
veronica@amaels.com
Adrian Sticlaru
adrian.sticlaru@carpathen.com
Phone: +40763611331
2. CalMyotis (HK) Limited Debt $1,366,604
12th Floor, Santai Building, 137-139
Connaught Road Central, Hong Kong
Wei Yu, Jinhui Li, Zhisen Zhang
532028648@qq.com;
jasonzhangpro@outlook.com;
powww123123@163.com
3. Wang Fang Trade $476,866
Building 3, Xingzhihui Business
Garden, No. 19, Xinghuo Road,
Pukou District, Nanjing China
Wang Nan & Cao Hongxia
591367693@qq.com;
2861344972@qq.com
4. Pixior LLC Trade $249,601
5901 S Eastern Ave
Commerce, CA 90040
Yassine Amallal
Phone: 310-993-2500
Email: yassine@pixior.com
5. Perpetua Labs, Inc. Trade $187,481
36 Maplewood Ave
Portsmouth, NH 03801
Bridgette Chapman
Email: ar@perpetua.io
6. Anomaly Partners LLC Trade $125,000
536 Broadway, 11th Floor
New York, NY 10012
Roberto Nieves
Email: rnieves@anomaly.com
7. Seller Rocket Trade $122,641
5042 N 800 E
New Carlisle, IN 46552
Kris Weissman
Email: kris@sellerrocket.io
8. HongKong VOG Cosmetics Co Trade $56,604
Limited
FLAT/RM 1506, 15/F, Lucky Center
NO.165-171 Wanchai Road
Wanchai Hong Kong
Julie Fang
Email: julie.fang@vognatural.com
9. Ugly Feedback-Alakdolak - Trade $50,304
Daniel Samimi
996 Haverstraw Rd
Suffern NY 10901
Mark
Email: hi@uglyfeedback.com
10. DDK & Company LLP Trade $35,491
50 Jericho Quadrangle, Suite 220
Jericho, New York 11753
Ramez Younan
Email: ryounan@ddkcpas.com
11. WarehouseQuote LLC Trade $32,423
3315 N Oak Trafficway
Kansas City, MO 64116
Jeremiah Driessel
Email: jdriessel@warehousequote.com
12. UHS Premium Billing Trade $13,095
UHS Premium Billing PO BOX 94017
Palatine, IL 60094-4017
Patti S. Reimer
Email: Patti.Reimer@benefitmall.com
13. Anhui Xinmai Technology Co.,Ltd Trade $11,109
79 Anqing Road Hefei City Anhui
Province China
Tracy Xinmai
Email: blair@newbarleyst.com
14. Shears Trade $10,307
427 Viscount Road, Aviation
Business Park Bournemouth
International Airport, Christchurch,
Email: storage@sbtl.co.uk
15. Oracle America, Inc. Trade $9,828
2300 Oracle Way Austin, TX 78741
United States
Email: CollectionsTeam_US@oracle.com
16. Pharmatech Asia Group Ltd Trade $9,338
Unit 138-140, Vanke Star Online,
No.2, Road Wuhe South, Bantian,
Shenzhen, China
Email: kerry@pagpharmatech.com
17. OfficePartners360 LLC Trade $9,060
31 Bailey Avenue Ridgefield, CT
06877 US
Email: stibor@officepartners360.com
18. Deringer Trade $7,126
19520 Wilmington Avenue | Rancho
Dominguez, CA 9022
Email: gibarra@anderinger.com
19. Catima Forwarding GMBH Trade $5,841
In den Koven 9, 27211 Bassum-
Neubruchhausen
Email: w.catima@catima-forwarding.com
20. Guangzhou Jintian household Trade $5,685
products Co.,Ltd
401 4th Floor No 7 Xiangro
Dagang Town Nansha District
Guangzhou City Guangdong
Province China
Email: 903491240@qq.com
BIG VILLAGE: Amended Combined Disclosure & Plan Confirmed by Judge
------------------------------------------------------------------
Judge Craig T. Goldblatt has entered findings of fact, conclusions
of law and order confirming the Amended Combined Disclosure
Statement and Joint Chapter 11 Plan of Big Village Holding LLC and
Its Affiliated Debtors.
The settlements and compromises pursuant to and in connection with
the Combined Disclosure Statement and Plan, including, without
limitation, the Global Settlement, comply with and satisfy the
requirements of section 1123(b)(3) of the Bankruptcy Code and
Bankruptcy Rule 9019. Each component of the Global Settlement is an
integral part of the development and implementation of the Combined
Disclosure Statement and Plan and the Global Settlement.
The Combined Disclosure Statement and Plan has been proposed in
good faith and in compliance with applicable provisions of the
Bankruptcy Code, and not by any means forbidden by law, thus
satisfying section 1129(a)(3) of the Bankruptcy Code.
The identity of, and the terms of the proposed compensation to be
paid to, the Plan Administrator (a) have been disclosed in the
Combined Disclosure Statement and Plan and the Plan Supplement, and
(b) are consistent with the interests of Holders of Claims and
Interests and with public policy, and thus, the Combined Disclosure
Statement and Plan satisfies section 1129(a)(5) of the Bankruptcy
Code.
The Combined Disclosure Statement and Plan provides for adequate
means for its implementation and, thus, satisfies the requirements
of section 1129(a)(11) of the Bankruptcy Code. Because the Combined
Disclosure Statement and Plan is a plan of liquidation for the
Debtors, Confirmation is not likely to be followed by the need for
further financial reorganization of the Debtors.
A copy of the Plan Confirmation Order dated August 24, 2023 is
available at https://urlcurt.com/u?l=ziDbv7 from PacerMonitor.com
at no charge.
Counsel for the Debtors:
Michael R. Nestor, Esq.
Joseph Barry, Esq.
Joseph M. Mulvihill, Esq.
Heather P. Smillie, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
1000 North King Street, Rodney Square
Wilmington, DE 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
E-mail: mnestor@ycst.com
jbarry@ycst.com
jmulvihill@ycst.com
hsmillie@ycst.com
About Big Village Holding
Big Village Holding LLC and its affiliates are a global
advertising, technology, and data company with operations in the
United States, European Union, and Australia. They deliver their
advertising and digital content across multiple media channels and
online platforms, and facilitate the implementation of targeted,
data-driven advertising strategies which encompass all of the
technology and intelligence necessary to execute global advertising
campaigns.
Big Village Holding LLC and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 23-10174) on February 8, 2023. In the petition signed by Kasha
Cacy, global chief executive officer, the Debtors disclosed up to
$50 million in assets and up to $100 million in liabilities.
Judge Craig T. Goldblatt oversees the case.
The Debtors tapped Young Conaway Stargatt and Taylor, LLP as legal
counsel; Portage Point Partners, LLC as restructuring advisor; and
Stephens, Inc. as investment banker. Kroll Restructuring
Administration, LLC is the claims and noticing agent and
administrative advisor.
BNP Paribas, as administrative agent under the Debtors' prepetition
credit agreement, is represented by Mayer Brown LLP's attorneys,
Brian Trust and Scott Zemser; and Potter Anderson & Corroon LLP's
attorney, L. Katherine Good.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee is represented by Steven Golden, Esq.
BLOCKFI INC: Fights With Three Arrows, FTX Over Possible Repayments
-------------------------------------------------------------------
Jonathan Randles of Bloomberg Law reports that bankrupt crypto
lender BlockFi Inc. wants to block attempts by FTX and Three Arrows
Capital to get back billions of dollars exchanged between the firms
before all three companies unraveled last year.
BlockFi said in a Monday court filing that it was victimized by Sam
Bankman-Fried's platform and, as a result, failed crypto exchange
FTX isn't entitled to more than $5 billion being sought. Similarly,
BlockFi accused the collapsed crypto hedge fund Three Arrows of
using fraud to borrow money from the lender and isn't entitled to
potential repayment.
About BlockFi Inc.
BlockFi is building a bridge between digital assets and traditional
financial and wealth management products to advance the overall
digital asset ecosystem for individual and institutional
investors.
BlockFi was founded in 2017 by Zac Prince and Flori Marquez and in
its early days had backing from influential Wall Street investors
like Mike Novogratz and, later on, Valar Ventures, a Peter
Thiel-backed venture fund as well as Winklevoss Capital, among
others. BlockFi made waves in 2019 when it began providing
interest-bearing accounts with returns paid in Bitcoin and Ether,
with its program attracting millions of dollars in deposits right
away.
BlockFi grew during the pandemic years and had offices in New York,
New Jersey, Singapore, Poland and Argentina.
BlockFi worked with FTX US after it took an $80 million hit from
the bad debt of crypto hedge fund Three Arrows Capital, which
imploded after the TerraUSD stablecoin wipeout in May 2022.
BlockFi had significant exposure to the companies founded by former
FTX Chief Executive Officer Sam Bankman-Fried. BlockFi received a
$400 million credit line from FTX US in an agreement that also gave
FTX the option to acquire BlockFi through a bailout orchestrated by
Bankman-Fried over the summer. BlockFi also had collateralized
loans to Alameda Research, the trading firm co-founded by
Bankman-Fried.
BlockFi is the latest crypto firm to seek bankruptcy amid a
prolonged slump in digital asset prices. Lenders Celsius Network
LLC and Voyager Digital Holdings Inc. also filed for court
protection this year. Kirkland & Ellis is also advising Celsius
and Voyager in their separate Chapter 11 cases.
BlockFi Inc. and eight affiliates sought protection under Chapter
11 of the Bankruptcy Code (Bankr. D.N.J. Lead Case No. 22-19361) on
Nov. 28, 2022. In the petitions signed by their chief executive
officer, Zachary Prince, the Debtors reported $1 billion to $10
billion in both assets and liabilities.
Judge Michael B. Kaplan oversees the cases.
The Debtors tapped Kirkland & Ellis and Haynes and Boone, LLP as
general bankruptcy counsels; Walkers (Bermuda) Limited as special
Bermuda counsel; Cole Schotz, P.C., as local counsel; Berkeley
Research Group, LLC as financial advisor; Moelis & Company as
investment banker; and Street Advisory Group, LLC as strategic and
communications advisor. Kroll Restructuring Administration, LLC,
is the notice and claims agent.
BLUE STAR: Granted Until Sept. 15 to Demonstrate Nasdaq Compliance
------------------------------------------------------------------
The NASDAQ Listing Qualifications has granted Blue Star Foods
Corp.'s request for extension to demonstrate compliance with Nasdaq
listing rule to Sept. 15, 2023.
NASDAQ previously notified Blue Star on May 23, 2023, that the
Company no longer complied with the minimum $2,500,000
stockholders' equity required for continued listing, or any of the
alternative requirements pursuant to Listing Rule 5550(b). The
Company requested a hearing, which was held on June 29, 2023.
The Panel granted the Company's request for continued listing on
The NASDAQ Capital Market, subject to (i) the Company filing a
registration statement with the SEC for a $5 million public
offering by July 28, 2023 and (ii) the Company demonstrating
compliance with Listing Rule 5550(b)(1) by Aug. 18, 2023.
About Blue Star Foods
Based in Miami, Florida, Blue Star Foods Corp.
--https://bluestarfoods.com -- is an international sustainable
marine protein company based in Miami, Florida that imports,
packages and sells refrigerated pasteurized crab meat, and other
premium seafood products. The Company's main operating business,
John Keeler & Co., Inc. was incorporated in the State of Florida in
May 1995. The Company's current source of revenue is importing
blue and red swimming crab meat primarily from Indonesia,
Philippines and China and distributing it in the United States and
Canada under several brand names such as Blue Star, Oceanica,
Pacifika, Crab & Go, First Choice, Good Stuff and Coastal Pride
Fresh, and steelhead salmon and rainbow trout fingerlings produced
under the brand name Little Cedar Farms for distribution in
Canada.
Blue Star reported a net loss of $13.19 million for the year ended
Dec. 31, 2022, compared to a net loss of $2.61 million for the year
ended Dec. 31, 2021. As of Dec. 31, 2022, the Company had $8.68
million in total assets, $9.92 million in total liabilities, and a
total stockholders' deficit of $1.24 million.
Houston, Texas-based MaloneBailey, LLP, the Company's auditor since
2014, issued a "going concern" qualification in its report dated
April 17, 2023, 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.
CARBON CONSULTANTS: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Carbon Consultants, LLC
DBA Zepher Inc.
310 S Larch
Bingen, WA 98605
Business Description: The Debtor provides architectural,
engineering, and related services.
Chapter 11 Petition Date: August 30, 2023
Court: United States Bankruptcy Court
Eastern District of Washington
Case No.: 23-01100
Judge: Hon. Whitman L Holt
Debtor's Counsel: Thomas W. Stilley, Esq.
SUSSMAN SHANK LLP
1000 SW Broadway
Suite 1400
Portland, OR 97205
Tel: 503-227-1111
Email: tstilley@sussmanshank.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Jaime K. Mack as manager.
A full-text 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/RYTM4CY/Carbon_Consultants_LLC__waebke-23-01100__0001.0.pdf?mcid=tGE4TAMA
CELSIUS NETWORK: Disclosure Statement Okayed
--------------------------------------------
Celsius Network LLC announced on August 17, 2023 that its
Disclosure Statement was approved by the United States Bankruptcy
Court for the Southern District of New York ("the Court"). As
previously announced, the Company completed a successful
Court-approved auction process in May 2023 that resulted in the
selection of Fahrenheit, LLC ("Fahrenheit") as the winning bidder.
Celsius’ proposed Chapter 11 Plan (the "Plan") contemplates a
transaction with Fahrenheit, which will provide the capital,
management team, and technology required to successfully establish
and operate the new company ("NewCo"). NewCo will be overseen by a
new Board of Directors, a majority of which will be appointed by
the statutory committee of unsecured creditors that was appointed
in Celsius' Chapter 11 cases (the "Creditors Committee").
"We remain laser focused on creating the best outcome for customers
and creditors and returning value as soon as possible," said Chris
Ferraro, Chief Restructuring Officer & Interim Chief Operating
Officer, Celsius.
"The approval of the Disclosure Statement marks another major
milestone in our process to transition Celsius' assets to NewCo and
provide a path to complete the proposal from Fahrenheit," added
David Barse and Alan Carr, members of the Special Committee of the
Board. "We remain committed to working with the Official Committee
of Unsecured Creditors, regulators, Fahrenheit, and creditors
throughout this process to achieve a strong result for all
stakeholders."
The Plan outlines a proposed path to a value-maximizing conclusion
that returns as much value to the Company's creditors as possible.
Celsius' eligible creditors will receive a Solicitation Package in
the mail from the Company's claims, noticing, and solicitation
agent, Stretto. The Solicitation Package will include Celsius'
Disclosure Statement and Plan, detailed voting instructions, and
additional important information. In order for a vote to be
counted, it must be received by Stretto on or before September 22,
2023, at 4 p.m. prevailing Eastern Time. Celsius encourages
customers to read the Disclosure Statement in full to learn more
about the Plan. Votes will be solicited until September 22, 2023,
and the Company encourages all eligible creditors to vote in favor
of the Plan by the voting deadline.
A Court hearing to consider approval of the proposed Plan is
currently scheduled to begin on October 2, 2023. Following
confirmation of the Plan, Celsius expects to distribute Liquid
Cryptocurrency to account holders on the Plan's effective date (or
as soon as reasonably practicable thereafter), and create NewCo.,
which will manage Celsius’ illiquid assets, including Celsius’
institutional loan portfolio, mining business, and alternative
investments for the benefit of account holders as contemplated in
the Plan. Under the Plan, Celsius' account holders will own 100% of
the new equity in NewCo (subject to dilution by the equity to be
distributed to Fahrenheit as management fees).
"We are excited about the progress that has been made and remain
steadfast in our commitment to create a stronger organization
coming out of this process," said Steve Kokinos of Fahrenheit
Holdings. "We are continuing to work with all stakeholders to
ensure a successful transition and a bright future for NewCo. Our
vision includes optimizing existing infrastructure, exploring new
growth opportunities, diversifying revenue streams, and delivering
meaningful benefits to Celsius' customers and creditors. We look
forward to engaging more deeply with the Celsius community in the
weeks ahead regarding the Plan."
Additionally, the Company previously confirmed that it has secured
a backup bid with the Blockchain Recovery Investment Consortium
("BRIC"), which, if required for any reason, would provide for the
orderly wind down of Celsius’ remaining assets.
Additional details regarding the outcome of the vote will be
forthcoming when the results are available.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to
get a loan in dollars, and in the future, to lend their crypto to
earn interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankrupty counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
CONTAINER STORE: Moody's Cuts CFR to 'B2', Outlook Stable
---------------------------------------------------------
Moody's Investors Service downgraded The Container Store, Inc.'s
corporate family rating to B2 from B1, its probability of default
rating to B2-PD from B1-PD and its senior secured term loan (Term
B-3) to B2 from B1. Its speculative grade liquidity rating (SGL)
remains SGL-3. The outlook remains stable.
The downgrades reflect the continuing weakness in its product
categories which has weighed on its operating performance and
credit metrics as debt interest costs rise. Moody's expects
continued comparable store sales weakness and margin compression
which will result in EBIT/interest of around 1.0x and debt/EBITDA
of 3.6x in fiscal 2023. The downgrade also reflects governance
considerations, including its short duration capital structure
coupled with adequate liquidity as business volatility has
increased, which resulted in the change in its governance score to
a G-4 from G-3. Container Store's CIS score was also lowered to
CIS-4 from CIS-3 as a result of its governance score being lowered
to G-4 from G-3.
Downgrades:
Issuer: The Container Store, Inc.
Corporate Family Rating, Downgraded to B2 from B1
Probability of Default Rating, Downgraded to B2-PD from B1-PD
Senior Secured Term Loan B3, Downgraded to B2 from B1
Outlook Actions:
Issuer: The Container Store, Inc.
Outlook, Remains Stable
RATINGS RATIONALE
The Container Store, Inc.'s B2 CFR reflects its small scale as well
as its narrow focus on the cyclical home storage and organization
space. The company also faces intense competition from larger and
well capitalized peers. The rating also reflects Container Store's
weak interest coverage. Container Store's credit metrics are
expected to weaken further in fiscal 2023 before returning to
adjusted debt/EBITDA of 3.1x and EBIT/interest expense of 1.4x at
the end of fiscal 2024 as the company remains well positioned to
return to growth after a period of consumer weakness for its
products following years of elevated spending. The ratings benefit
from Container Store's recognized brand name and its value
proposition supported by a highly trained sales force and a
sizeable offering of exclusive and proprietary products, in
particular custom closets.
The stable outlook reflects Moody's expectation that Container
Store will maintain at least adequate liquidityr and improve
profitability and cash flow in fiscal 2024.
The SGL-3 reflects Container Store's moderate cash balances and
Moody's expectation that free cash flow will be neutral in fiscal
2023 and turn positive in fiscal 2024 as the company is poised to
return to revenue and operating earnings growth. As of July 1,
2023, the company had approximately $12 million of balance sheet
cash and approximately $72 million of availability under the $100
million asset based revolving credit facility (ABL) and $10 million
available on the SEK 110 million Elfa revolving credit facility.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if Container Store sustains solid
operating performance, conservative financial strategies and good
liquidity. Quantitatively, the ratings could be upgraded if
debt/EBITDA is sustained below 4.0x and EBIT/interest expense is
sustained above 2.0x.
The ratings could be downgraded if earnings or liquidity decline
for any reason or should its path to a significant improvement in
sales growth and profitability in fiscal 2024 stall.
Quantitatively, ratings could be downgraded if debt/EBITDA is
sustained above 4.75x or EBIT/interest below 1.25x.
The Container Store, Inc., is a retailer of storage and
organization products in the US and Europe. The company operates in
the US through its 97 specialty retail stores and website, and in
Europe through its wholly owned Swedish subsidiary, Elfa
International AB (Elfa). Net revenue for the LTM period ended July
1, 2023, was approximately $992 million. The company has been
publicly traded since its 2013.
The principal methodology used in these ratings was Retail
published in November 2021.
CREATIVE REALITIES: Pinnacle Family, Barry Kitt Report 7.1% Stake
-----------------------------------------------------------------
Pinnacle Family Office Investments, L.P. and Barry M. Kitt
disclosed in a Schedule 13G filed with the Securities and Exchange
Commission that as of Aug. 17, 2023, they beneficially own 734,131
shares of common stock of Creative Realities, Inc., representing
7.1 percent of the Shares outstanding.
The percentage was based on 7,409,027 shares of Common Stock of the
Issuer outstanding as of Aug. 4, 2023, and an additional 3,000,000
shares of Common Stock of the Issuer issued since then, the
Reporting Persons hold 7.1% of the issued and outstanding Common
Stock of the Issuer.
Pinnacle Family Office, LLC is the general partner of Pinnacle.
Mr. Kitt is the manager of Pinnacle Family. Mr. Kitt may be deemed
to be the beneficial owner of the shares of Common Stock
beneficially owned by Pinnacle. Mr. Kitt expressly disclaims
beneficial ownership of all shares of Common Stock beneficially
owned by Pinnacle.
A full-text copy of the regulatory filing is available for free
at:
https://www.sec.gov/Archives/edgar/data/1356093/000106299323017171/formsc13g.htm
About Creative Realities
Creative Realities, Inc. -- http://www.cri.com-- is a Minnesota
corporation that provides innovative digital marketing technology
and solutions to retail companies, individual retail brands,
enterprises and organizations throughout the United States and in
certain international markets. The Company has expertise in a
broad range of existing and emerging digital marketing
technologies, as well as the related media management and
distribution software platforms and networks, device management,
product management, customized software service layers, systems,
experiences, workflows, and integrated solutions.
At June 30, 2023, the Company has an accumulated deficit of
$52,834,000 negative working capital of $6,071,000 including
current debt obligations of $4,197,000 and cash of $3,264,000. For
the six months ended June 30, 2023, the Company incurred an
operating loss of $790,000 and generated positive net cash flows
from operations of $6,344,000. In addition, pursuant to the Second
Amended and Restated Credit and Security Agreement made between the
Company and Slipstream Communications the Company is required to
make monthly repayments of principal on the Consolidation Term Loan
beginning on Sept. 1, 2023 and on the first day of each month
thereafter until the Maturity Date on Feb. 17, 2025. The monthly
principal payment beginning on Sept. 1, 2023 is approximately
$399,00, or total principal repayments for the twelve months
subsequent to the reporting date of these Condensed Consolidated
Financial Statements of $4,389,000. As a result of the principal
debt service payments required to be paid on account of the
Consolidation Term Loan, the Company does not currently have cash
on hand or committed available liquidity to repay all of its
outstanding debt due within one year after the date that these
financial statements are issued. The Company said these conditions
and events raise substantial doubt about the Company's ability to
continue as a going concern under the technical framework within
ASU 205-40.
DIAMOND SPORTS: Accuses JPMorgan of Helping Siphon $929 Million
---------------------------------------------------------------
Jonathan Randles of Bloomberg Law reports that JPMorgan Chase & Co.
was accused of helping Sinclair Broadcast Group raid its own local
sports television unit for $929 million when that affiliate,
Diamond Sports Group, was likely insolvent, according to a lawsuit
made public Monday, August 21, 2023.
Diamond accused JPMorgan of working with Sinclair -- Diamond's
parent company -- to extract the cash from the sports broadcasting
business as it was headed toward Chapter 11 with billions of
dollars in debt, according to the complaint in Texas bankruptcy
court. Diamond has separately accused Sinclair of wrongly draining
$1.5 billion from the business, an allegation the parent company
denies.
About Diamond Sports Group
Diamond Sports Group, LLC and its affiliates own and/or operate the
Bally Sports Regional Sports Networks, making them the nation's
leading provider of local sports programming. DSG's 19 Bally
Sports RSNs serve as the home for 42 MLB, NHL, and NBA teams. DSG
also holds joint venture interests in Marquee, the home of the
Chicago Cubs, and the YES Network, the local destination for the
New York Yankees and Brooklyn Nets. The RSNs produce about 4,500
live local professional telecasts each year in addition to a wide
variety of locally produced sports events and programs. DSG is an
unconsolidated and independently run subsidiary of Sinclair
Broadcast Group.
Diamond Sports Group and 29 of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 23-90116) on March 14, 2023. In the petition filed by David F.
DeVoe, Jr., as chief financial officer and chief operating officer,
Diamond Sports Group listed $1 billion to $10 billion in both
assets and liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Paul, Weiss, Rifkind, Wharton & Garrison, LLP
and Porter Hedges, LLP as bankruptcy counsels; Wilmer Cutler
Pickering Hale, Dorr, LLP and Quinn Emanuel Urquhart & Sullivan,
LLP as special counsels; AlixPartners, LLP as financial advisor;
Moelis & Company, LLC and LionTree Advisors, LLC as investment
bankers; Deloitte Tax, LLP as tax advisor; Deloitte Financial
Advisory Services, LLP as accountant; and Deloitte Consulting, LLP,
as consultant. Kroll Restructuring Administration, LLC is the
claims agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
The committee tapped Akin Gump Strauss Hauer& Feld LLP as counsel;
FTI Consulting, Inc., as financial advisor; and Houlihan Lokey
Capital, Inc., as investment banker.
DIGITAL MEDIA: S&P Upgrades ICR to 'CCC', Outlook Negative
----------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on U.S.-based
digital advertising solutions provider Digital Media Solutions Inc.
(DMS) to 'CCC' from 'SD' (selective default). S&P also raised its
issue-level ratings on its senior secured debt to 'CCC' from 'D'
and revised our recovery ratings on its debt to '4' from '3'.
The negative outlook reflects limited visibility into the company's
recovery and the potential of a debt restructuring in 2024
following the expiration of the company's PIK option period, absent
significant cash flow improvement.
S&P said, "In our view, DMS will be dependent on favorable economic
and business conditions over the next 12 months to meet its
financial obligations. DMS increased its financial flexibility with
its recent credit amendment that provided covenant relief and
allows it to convert its next four interest payments to PIK from
cash. We expect the company is highly likely to exercise the PIK
option. However, substantial pressure on the business remains. DMS'
credit metrics remained challenged the past 12 months, and we
expect they will remain pressured for the foreseeable future with
limited visibility into a potential recovery. Insurance is the
company's largest market vertical, accounting for about 50% of its
gross revenue. The current soft macroeconomic environment and
elevated loss ratios have reduced the profitability of DMS'
insurance carrier partners, which have therefor pulled back on
their ad spending with DMS; it's likely the company's EBITDA will
remain depressed until ad spending resumes closer to 2021 levels,
which we do not expect until at least potentially 2025. We expect
S&P Global Ratings-adjusted EBITDA will be about -$13 million in
2023 and $8 million in 2024. This compares to S&P Global
Ratings-adjusted EBITDA of $11 million in 2022 and $35 million in
2021. On its recent second quarter earnings call, the company noted
it expects property and casualty (P&C) insurance carrier spending
to recover in 2024, but in our opinion, there is limited to no
visibility into 2024 as of now. As such, we do not expect the
company will have sufficient liquidity to service its debt and
increased interest burden in the second half of 2024, following the
expiration of its PIK option period. We view a debt restructuring
as likely to occur over the next 12 months absent significant
improvement in EBITDA and cash flow."
The company's senior secured term loan is trading at distressed
levels, increasing the potential for a subpar debt exchange. The
company's senior secured term loan is currently trading around 75
cents on the dollar with a yield of close to 20%. The significant
discount associated with the value of the company's term loan
increases the potential that the company could look to negotiate
some form of a subpar debt exchange or out-of-court restructuring
in order to increase its financial flexibility. S&P would view any
type of distressed exchange in which the lenders receive less than
originally promised as a default.
The negative outlook reflects limited visibility into the company's
recovery and the potential of a debt restructuring in 2024
following the expiration of the company's PIK option period, absent
significant cash flow improvement.
S&P said, "We could lower our ratings on DMS if we believe a
default becomes inevitable within the next six months, likely due
to a liquidity shortfall or debt restructuring caused by a lack of
recovery in the company's performance and the increased interest
burden from the company's recent credit amendment.
"We could raise our ratings on DMS if the company's cash flow and
liquidity improve such that it has comfortable headroom to meet its
upcoming financial obligations and cash requirements beyond the
next 12 months."
DIGITAL MEDIA: Two Directors Quit From Board
--------------------------------------------
Robbie Isenberg and Maurissa Bell, designees of Clairvest Group
Inc. on Digital Media Solutions, Inc.'s Board of Directors,
resigned from the Company's Board, effective Aug. 25, 2023.
As disclosed by the Company in a Form 8-K filed with the Securities
and Exchange Commission, their decision to resign from the Board
was not the result of any disagreement with the Company. Clairvest
Group remains a shareholder of the Company, and in submitting their
resignations, Mr. Isenberg and Ms. Bell indicated that Clairvest
reserves its rights to nominate directors in the future pursuant to
the terms of the Director Nomination Agreement, dated July 15,
2020, to which Clairvest Group remains a party.
About Digital Media
Headquartered in Clearwater, Florida, Digital Media Solutions, Inc.
(NYSE: DMS) -- https://digitalmediasolutions.com -- is a provider
of data-driven, technology-enabled digital performance advertising
solutions connecting consumers and advertisers within the auto,
home, health, and life insurance, plus a long list of top consumer
verticals. The DMS first-party data asset, proprietary advertising
technology, significant proprietary media distribution, and
data-driven processes help digital advertising clients de-risk
their advertising spend while scaling their customer bases.
Digital Media reported a net loss of $52.50 million for the year
ended Dec. 31, 2022. As of March 31, 2023, the Company had $238.81
million in total assets, $337.08 million in total liabilities,
$4.99 million in preferred stock, and a total deficit of $103.27
million.
Digital Media received notice from the New York Stock Exchange on
March 30, 2023, indicating that the Company is not in compliance
with NYSE's continued listing standards because the average closing
price of the Company's common stock was less than $1.00 over a
consecutive 30 trading-day period.
* * *
As reported by the TCR on Dec. 16, 2022, S&P Global Ratings lowered
its issuer credit rating on Digital Media Solutions Inc. (DMS) to
'CCC+' from 'B-'. S&P said, "We view DMS' capital structure as
unsustainable absent sustainable increases in its EBITDA and FOCF.
We do not expect that the company will significantly improve its
credit metrics until 2024. DMS is dependent on improvements in
macroeconomic conditions and insurance carrier profitability to
support increased ad spending on its platform and additional sales
through its independent insurance agents."
EARL FREDDY INVEST: Gina Klump Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 17 appointed Gina Klump, Esq., at the
Law Office of Gina R. Klump, as Subchapter V trustee for Earl
Freddy Invest C, LLC.
Ms. Klump will be paid an hourly fee of $480 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Klump declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Gina Klump, Esq.
Law Office of Gina R. Klump
11 5th Street, Suite 102
Petaluma, CA 94952
Phone: (707) 778-0111
Email: gklump@klumplaw.net
About Earl Freddy Invest
Earl Freddy Invest C, LLC, a company in Oakland, Calif., filed
Chapter 11 petition (Bankr. N.D. Calif. Case No. 23-40987) on Aug.
10, 2023, with $1 million to $10 million in both assets and
liabilities. Desmond Gumbs, managing director, signed the
petition.
Judge William J. Lafferty oversees the case.
E. Vincent Wood, Esq., at The Law Offices of E. Vincent Wood serves
as the Debtor's counsel.
EMPIRE TODAY: S&P Downgrades ICR to 'CCC+', Outlook Negative
------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on flooring
retailer Empire Today LLC to 'CCC+' from 'B-'. S&P also lowered its
issue-level rating on Empire Today's secured credit facilities to
'CCC+' from 'B-'. Our recovery rating remains '4'.
The negative outlook reflects the potential for another downgrade
if S&P anticipates a default scenario in the subsequent 12 months.
This could occur if it expects the company's liquidity position and
profits to deteriorate beyond our expectations.
The downgrade reflects operating margin decline amid uncertain
macroeconomic conditions. The company generated about $23 million
in reported free operating cash flow (FOCF) through the second
quarter supported by working capital inflow. The company's free
cash flow generation decreased by 39% year to date compared to the
same period last year or by 72% quarter over quarter. S&P expects
ongoing cash flow volatility in the coming year given high interest
rates and a weak housing market.
S&P said, "We expect Empire Today's weak revenue trends to continue
in 2023 as consumers cut back discretionary spending especially on
high-ticket items. Revenue contracted 6.0% in the second quarter
due to lower average ticket and close rate. To partially offset the
drop, the company increased advertising spending by about 20% to
combat consumer demand softness.
"We forecast declining operating margin over the next year in
contrast with the company's performance during the pandemic. S&P
Global Ratings-adjusted EBITDA margins decreased about 110 basis
points to 10.5% in the second quarter due to a significant increase
in advertising and customer financing expenses, partially offset by
reduction in commission expenses. We forecast adjusted EBITDA
margin approaching 10% over the next 18 months as it normalizes
following the pandemic.
"We expect Empire Today's S&P Global Ratings-adjusted leverage to
be in the low- to mid-7x area by the end of the next two fiscal
years. Adjusted leverage increased to the mid-7x area from mid-6x
area due to lower operating margins while interest expenses
increased by about $6 million in the second quarter. We believe the
company's financial policies will remain aggressive with a low
likelihood of debt reduction beyond contractual amortization. In
addition, we forecast adjusted FOCF to debt decreasing to the
high-2% area in 2024 from the mid-4% area in 2023 as working
capital normalize. Together, these credit metrics indicate limited
capacity to absorb further deterioration under ongoing
conditions."
The negative outlook reflects the risk of a liquidity deterioration
due to cash flow deficit from further operating performance
pressures.
S&P could lower its ratings on Empire Today over the next 12 months
if it envisions a specific default scenario over the subsequent 12
months. This could occur if the company's liquidity deteriorates.
S&P could raise the rating if Empire's operating performance
improved significantly, including:
-- Sustained positive free cash flow supporting the current
capital structure;
-- Operating margins improve leading to significant deleveraging;
and
-- Liquidity remains adequate to support the business and debt
service.
ESOURCE RESOURCES: Asset Sale Proceeds to Fund Plan
---------------------------------------------------
Esource Resources, LLC, filed with the U.S. Bankruptcy Court for
the Southern District of Indiana a Combined Plan of Liquidation and
Disclosure Statement dated August 24, 2023.
Formed in 2002, the Debtor employs 26 people and is a certified
minority disabled veteran owned entity engaged in the business of
providing Information Technology Business Consulting and Support
and office supply goods to large corporate enterprises who have
annual spending requirements for such offerings.
Debtor's issues with operating cash flow forced it to leverage more
volatile sources of working capital using internet lenders. Despite
the fundamentally unmanageable cash flow those credit facilities
present, the Debtor has a core operating profitability that it
believed would allow it to reorganize, however, unforeseen priority
claims and complications with the position of its primary secured
creditor have forced it to seek liquidation under this Plan.
Based on the going concern analysis, the Debtor has determined the
best course forward is to sell all of its assets under section 363
of the Bankruptcy Code. Because those assets are not diminished by
the ongoing, pre-plan operation of the business of the Debtor, the
Debtor will continue to operate pending filing, implementing and
closing such a sale. The Debtor will do so as soon as practicable
after confirmation of this liquidating plan.
Under Subchapter V the Court may confirm a Plan that allows the
owners of the interests in the Debtor to retain those interest
despite any failure of the Plan to pay creditors in full. Eddie
Rivers, Jr., shall retain his ownership interests under the Plan.
Class 3 consists of Allowed General Unsecured Claims, including the
claims of CFG, Fox Capital and the deficiency claims of MBF, which
claims shall receive a pro rata payment after satisfaction of the
superior class claims treated under the Plan up to the full amount
of the allowed claim of such creditor, if any, upon closing the
sale. Class 3 is impaired and is entitled to vote on the Plan.
Class 4 consists of the Equity Interests, which interests shall be
retained by existing interest owners.
Debtor shall continue to operate its business in the ordinary
course pending a closing of the sale. The Debtor shall complete its
review of recovery actions, pursue them as appropriate and dedicate
the use of the proceeds received therefrom to the payment of
creditor claims as indicated in liquidation analysis.
A full-text copy of the Combined Plan and Disclosure Statement
dated August 24, 2023 is available at
https://urlcurt.com/u?l=m7tJQn from PacerMonitor.com at no charge.
Attorney for the Debtor:
KC Cohen, Esq.
KC Cohen, Lawyer, PC
151 N. Delaware St., Ste. 1106
Indianapolis, IN 46204-2573
Telephone: (317) 715-1845
Facsimile: (317) 636-8686
Email: kc@smallbusiness11.com
About Esource Resources
Esource Resources, LLC offers advisory services for optimal
project, budget, and resource planning and roadmapping; software
selection assistance; infrastructure refresh planning and
execution; program integration; software build and testing; and
training. The company is based in Indianapolis, Ind.
Esource Resources filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Ind. Case No. 23-02263) on May
26, 2023, with $100,001 to $500,000 in assets and $1 million to $10
million in liabilities. Dennis Perrey has been appointed as
Subchapter V trustee.
Judge James M. Carr oversees the case.
KC Cohen, Esq., at KC Cohen, Lawyer, PC, represents the Debtor as
legal counsel.
FOREST CITY: Moody's Cuts CFR to B3 & Senior Secured Debt to Caa1
-----------------------------------------------------------------
Moody's Investors Service downgraded Forest City Enterprises LLC's
("Forest City" or "the REIT") Corporate Family Rating to B3 from B2
due to deterioration in its net debt to EBITDA and coverage
metrics, no remaining cushion on the fixed charge covenant related
to its revolving credit facility, negative cash flow from operating
activities as defined by GAAP, and weak financial flexibility. In
the same rating action, Moody's downgraded the rating of the REIT's
senior secured credit facility, which includes a term loan and
revolver, to Caa1 from B3.
The outlook for the ratings is negative due to the REIT's weak
financial flexibility and the potential that negative cash flow
from operations could further weaken its liquidity position. Other
significant considerations influencing the outlook are the
difficult leasing environment for office properties and the
challenging capital market conditions for commercial real estate,
factors that are weakening Forest City's capacity to execute
well-priced asset sales.
Moody's lowered Forest City's governance issuer profile score to
G-5 from G-4 and its credit impact score to CIS-5 from CIS-4 due to
the deterioration in its coverage metric, negative cash flow from
operations, and the reliance on asset sales to maintain liquidity.
Moody's also changed the company's governance sub-factor score for
financial strategy and risk management to 5 from 4 for the same
reasons.
The following ratings have been downgraded:
Downgrades:
Issuer: Forest City Enterprises LLC
Corporate Family Rating, Downgraded to B3 from B2
Senior Secured Bank Credit Facility, Downgraded to Caa1 from B3
Outlook Actions:
Issuer: Forest City Enterprises LLC
Outlook, Remains Negative
RATINGS RATIONALE
Forest City's B3 CFR reflects its highly leveraged capital
structure, weak fixed charge coverage, and limited standalone
financial flexibility. Other significant rating considerations
include a high-quality and diversified portfolio of multifamily and
retail properties, office buildings in the challenged coastal
central business district (CBD) markets including San Francisco and
New York City, the challenging financing conditions for commercial
real estate, and the implicit support from its owner, the fund
Brookfield Strategic Real Estate Partners III (BSREP III), and its
sponsor, Brookfield Corporation (A3, Stable) that was formerly
known as Brookfield Asset Management Inc.
The REIT's multifamily properties accounted for 51% of its net
operating income (NOI) in the second quarter of 2023, followed by
the office segment at 30% with the retail segment generating most
of the remaining income. Forest City's portfolio performance and
income trends reflect the broader market conditions with the
multifamily and retail segments reporting steady income while its
office portfolio is facing significant challenges. Occupancy in its
multifamily and retail segments averaged 94.7% and 91.9% over the
last four quarters while the occupancy rate for its office
properties was 76.7%.
Forest City's net debt to EBITDA and coverage metrics have
deteriorated in the last two quarters due to modestly higher debt
levels and rising interest rates. At the end of Q2 2023, Forest
City's net debt to EBITDA was 14.6x and fixed charge coverage was
1.0x, both on a trailing 12-month basis. Absent meaningful proceeds
from asset sales, Moody's estimates that Forest City's net debt to
EBITDA will further weaken to the 16-17x range at YE 2023 and its
fixed charge coverage would decline to the 0.8-0.9x range.
Non-recourse mortgage debt on individual properties account for
over 80% of aggregate debt outstanding and there are mortgages on
most of the individual properties. Because the credit facility is
primarily secured by equity in the properties and the meaningful
amount of mortgage debt with a priority claim on the properties,
the secured credit facility is rated one notch below the CFR.
However, the structure provides some flexibility to the company
because of the company's estimated equity value in the mortgaged
properties. This equity value provides a strong incentive for BSREP
III to support the company's liquidity.
There was no remaining cushion on the fixed charge coverage
covenant related to the Forest City's revolver at the end of Q2
2023 and Moody's expects that the REIT will have to either add
capital or complete the proposed switch to a BSREP III-provided
revolver before the end of Q3 2023 to avoid breaching the covenant.
The current revolver, $400 million in size, matures in December
2023 and the $600 million term loan matures in December 2025. The
new revolver, expected to be $200 million of capacity, will be
provided by its parent BSREP III. However, the terms would likely
be more favorable to the REIT with no financial maintenance
covenants. There are no financial maintenance covenants on the term
loan.
Forest City expects to pay down the $210 million drawn on the
revolver at the end of Q2 2023 with proceeds from incremental
mortgages on a few properties, sale of an asset, and cash on hand.
Usage of the new facility would depend to a meaningful degree on
its ability to generate excess proceeds from asset sales to fund
potential FFO deficits.
The REIT is part of a finite life fund BSREP III that was formed in
2018 and has a ten-year life. According to Moody's, the difficult
capital markets conditions will influence the pace of asset sales
and distributions to its investors over the last few quarters.
Moody's expects that Forest City's disposition volume will grow
meaningfully over the next 1-2 years because of the fund structure,
and multifamily and retail properties would account for a sizeable
portion of the sales.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The outlook for the ratings is negative due to the REIT's weak
financial flexibility, the potential for persistently negative cash
flow from operations, the difficult leasing environment for office
properties, and the challenging capital market conditions will
pressure Forest City's disposition volume and pricing.
Inability to execute the new revolver or lack of improvement in the
REIT's liquidity could result in a downgrade. Deterioration in the
portfolio performance metrics such as lease rate and releasing
spreads, sustained weakness in operating cash flows, or reduction
in equity value of the properties could also result in a
downgrade.
A ratings upgrade is unlikely given the negative outlook and would
require sustained positive cash flow from operations, fixed charge
coverage above 1.1x and substantially improved liquidity including
near full availability on the revolver.
Headquartered in Cleveland Ohio, Forest City Enterprises LLC, a
subsidiary of Forest City Realty Trust LLC (FCRT), is a real estate
investment trust (REIT) primarily engaged in the ownership,
development, management and acquisition of office, retail, and
apartment real estate throughout the United States. FCRT is a
guarantor of Forest City's debt and is wholly owned by BSREP III,
which is 10-year life fund formed in 2018 by its sponsor Brookfield
Asset Management Inc. Forest City reported gross assets of
approximately $6.5 billion as of June 30, 2023.
The principal methodology used in these ratings was REITs and Other
Commercial Real Estate Firms published in September 2022.
FTX GROUP: Creditors Want Speedy Mediation Due to Cash Burn
-----------------------------------------------------------
Jeff Montgomery of Law360 reports that unsecured creditors of
collapsed cryptocurrency giant FTX Trading Ltd. have sought an
expedited, emergency order for a fast-track mediation in the U.S.
Bankruptcy Court for Delaware, saying the estate burned through
$320 million in professional fees between November and June 20,
2023 with costs rising by $1.5 million daily.
About FTX Group
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year.
According to Reuters, SBF shared a document with investors on Nov.
10, 2022, showing FTX had $13.86 billion in liabilities and $14.6
billion in assets. However, only $900 million of those assets were
liquid, leading to the cash crunch that ended with the company
filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The Official Committee of Unsecured Creditors tapped Paul Hastings
as counsel, FTI Consulting, Inc., as financial advisor, and
Jefferies LLC as the investment banker. Young Conaway Stargatt &
Taylor LLP is the Committee's Delaware and conflicts counsel.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases.
White-collar crime specialist Mark S. Cohen has reportedly been
hired to represent SBF in litigation. Lawyers at Paul Weiss
previously represented SBF but later renounced representing the
entrepreneur due to a conflict of interest.
FUJI JAPANESE: Case Summary & Five Unsecured Creditors
------------------------------------------------------
Debtor: Fuji Japanese Steakhouse Asian Bistro Inc.
2501 S. Jack Kultgen Expressway
Waco, TX 76711
Business Description: The Debtor owns and operate a restaurant.
Chapter 11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 23-60445
Judge: Hon. Michael M. Parker
Debtor's Counsel: Robert C. Lane, Esq.
THE LANE LAW FIRM
6200 Savoy Dr Ste 1150
Houston TX 77036-3369
Tel: (713) 595-8200
Fax: (713) 595-8201
Email: notifications@lanelaw.com
Total Assets: $4,861,717
Total Liabilities: $7,110,297
The petition was signed by Shuang Lin as president.
A full-text copy of the petition containing, among other items, a
list of the Debtor's five unsecured creditors is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/ADYPCIY/Fuji_Japanese_Steakhouse_Asian__txwbke-23-60445__0001.0.pdf?mcid=tGE4TAMA
GBZ NORTHERN: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: GBZ Northern Realty LLC
136-20 38th Ave
Suite 3E
Flushing NY 11354
Business Description: GBZ is engaged in activities related to
real estate.
Chapter 11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 23-43119
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Victor Tsai, Esq.
VICTOR TSAI
562 Coney Island Avenue
Brooklyn, NY 11218
Tel: 212-625-9028
Email: ourlaWyers@gmail.com
Estimated Assets: Not Indicated
Estimated Liabilities: Not Indicated
The petition was signed by Shi Yun Dan as member.
The Debtor failed to include in the petition a list of its 20
largest unsecured creditors.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/EJRO2NQ/GBZ_Northern_Realty_LLC__nyebke-23-43119__0001.0.pdf?mcid=tGE4TAMA
GREELEY LAND: Sept. 27 Plan Confirmation Hearing Set
----------------------------------------------------
On June 14, 2023, Greeley Land, LLC, filed with the U.S. Bankruptcy
Court for the District of Colorado a Disclosure Statement in
support of Plan of Reorganization.
On August 24, 2023, Judge Kimberley H. Tyson approved the
Disclosure Statement and ordered that:
* September 20,2023 is fixed as the last day to submit ballots
accepting or rejecting the Plan.
* September 20, 2023 is fixed as the last day to file and
serve any objection to confirmation of the Plan.
* September 27, 2023, at 9:30 a.m. is the hearing for
consideration of confirmation of the Plan.
* No later than three days prior to the confirmation hearing
the Plan Proponent shall file a Summary Report of the Ballots
received reflecting all votes by class, number of claims and amount
of claim.
A copy of the order dated August 24, 2023 is available at
https://urlcurt.com/u?l=UCgdXG from PacerMonitor.com at no charge.
Attorneys for the Debtor:
Michael J. Pankow, Esq.
Amalia Y. Sax-Bolder, Esq.
Suzanne K. Daigle, Esq.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
675 15th Street, Suite 2900
Denver, CO 80202
Tel: (303) 223-1100
Fax: (303) 223-1111
E-mail: mpankow@bhfs.com
asax-bolder@bhfs.com
sdaigle@bhfs.com
About Greeley Land
Greeley Land, LLC, an apartment building operator, filed its
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. D. Colo. Case No. 22-14864) on Dec. 13, 2022, listing
$10 million to $50 million in both assets and liabilities.
Judge Michael E. Romero presides over the case.
Michael J. Pankow, Esq., and Amalia Y. Sax-Bolder, Esq., at
Brownstein Hyatt Farber Schreck, LLP are the Debtor's bankruptcy
attorneys.
HEARING ASSOCIATES: Holly Miller Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Holly Miller, Esq.,
at Gellert Scali Busenkell & Brown, LLC, as Subchapter V trustee
for Hearing Associates, LLC.
Ms. Miller will be paid an hourly fee of $400 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Miller declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Holly S. Miller, Esq.
Gellert Scali Busenkell & Brown, LLC
1628 John F. Kennedy Boulevard, Suite 1901
Philadelphia, PA 19103
Phone: (215) 238-0012
Fax: (215) 238-0016
Email: hsmiller@gsbblaw.com
About Hearing Associates
Hearing Associates, LLC specializes in hearing loss treatment,
hearing aids, hearing loss services, tinnitus treatment, and
cochlear implants for its clients in Voorhees, N.J.
The Debtor filed Chapter 11 petition (Bankr. D.N.J. Case No.
23-17056) on Aug. 15, 2023, with $563,790 in assets and $5,203,637
in liabilities. Jonathan S. Ayes, owner, signed the petition.
Robert Johnson, Esq., at Robert H. Johnson, LLC represents the
Debtor as legal counsel.
HERITAGE POWER: Plan Set for October 2023 Confirmation
------------------------------------------------------
Emily Lever of Law360 reports that Heritage Power LLC got approval
from a Texas bankruptcy judge Tuesday to solicit creditors on its
Chapter 11 plan as it heads to an October 2023 confirmation.
About Heritage Power
Heritage Power, LLC and affiliates are a power company with a focus
on power generation activities in Pennsylvania, New Jersey and
Ohio. The Debtors own or operate sixteen power generation assets
with 13 in Pennsylvania, two in New Jersey and one in Ohio.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 23-90032) on Jan.
24, 2023, with $50 million to $100 million in assets and $500
million to $1 billion in liabilities. David Freysinger, president
of Heritage Power, signed the petitions.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Haynes and Boone, LLP as bankruptcy counsel;
Munsch Hardt Kopf & Harr, P.C. as special conflicts counsel;
Alvarez and Marsal North America, LLC as restructuring and
financial advisor; and Epiq Corporate Restructuring, LLC as notice,
claims and solicitation agent.
Counsel for the ad hoc group of pre-bankruptcy lenders is Milbank,
LLP. The ad hoc group of pre-bankruptcy lenders also retained
Porter Hedges, LLP, Ross Aronstam & Moritz, LLP and Ducera
Partners, LLC as advisors.
Jefferies Finance, LLC, as administrative agent, is represented by
Latham & Watkins, LLP.
MUFG, collateral agent, is represented by Thompson Hine, LLP.
J. Aron & Company, LLC, counterparty under an ISDA master
agreement, is represented by Cleary Gottlieb Steen & Hamilton, LLP.
HERMANOS GONZALES: Allison Byman Appointed as Chapter 11 Trustee
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas
approved the appointment of Allison Byman as Chapter 11 trustee for
Hermanos Gonzales Holdings, LLC and its affiliates.
Ms. Byman was appointed by Kevin Epstein, the U.S. Trustee for
Region 7, who oversees the companies' Chapter 11 cases.
In court papers, Ms. Byman disclosed that she is a "disinterested
person" pursuant to Section 101(14) of the Bankruptcy Code.
Ms. Byman can be reached at:
Allison D. Byman, Esq.
Byman & Associates, PLLC
7924 Broadway, Suite 104
Pearland, TX 77581
Phone: 281-884-9768 / 281-884-9269
About Hermanos Gonzales
Hermanos Gonzales Holdings, LLC, is a single asset real estate as
defined in 11 U.S.C. Section 101 (51B). The company is based in
Montgomery, Texas.
Hermanos Gonzales Holdings sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 23-30405) on Feb.
6, 2023. In the petition filed by its managing member, Robert
Gonzales, the Debtor reported $1 million to $10 million in both
assets and liabilities.
Judge Marvin Isgur oversees the case.
Marcellous S. McZeal, Esq., at Grealish & McZeal, PC is the
Debtor's legal counsel.
HICKAM HARBOR: Susan Seflin Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 16 appointed Susan Seflin, Esq., a
partner at BG Law, as Subchapter V trustee for Hickam Harbor, LLC.
Ms. Seflin will be paid an hourly fee of $625 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred. The compensation for her trustee administrator
is $250 per hour.
Ms. Seflin declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Susan K. Seflin, Esq.
BG Law
21650 Oxnard St, Suite 500
Woodland Hills, CA 91367
Tel: (818) 827-9000
Email: sseflin@bg.law
About Hickam Harbor
Hickam Harbor, LLC is a restaurant in Hawaii specializing on
signature craft burgers, local style cuisines, and American food.
The Debtor filed Chapter 11 petition (Bankr. C.D. Calif. Case No.
23-15131) on Aug. 10, 2023, with as much as $50,000 in assets and
$1 million to $10 million in liabilities. Edmund Cutting, sole
shareholder, signed the petition.
Judge Julia W. Brand oversees the case.
James E. Till, Esq., at Till Law Group represents the Debtor as
bankruptcy counsel.
HUMAN HOUSING: Hearing on Louisville Property Sale Set for Oct. 3
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of Kentucky is
set to hold the next hearing on Human Housing Henrietta Hyatt,
LLC's motion to sell its real property on Oct. 3, at 10:00 a.m.
(Eastern Time).
On Aug. 22, Human Housing Henrietta Hyatt, through its Subchapter V
trustee, sought court approval to sell a residential real property
located at 1601 S. Shelby St., Louisville, Ky.
Colin Drake, a resident of Louisville, offered to buy the property
for $85,000.
The property will be sold "free and clear of all known and unknown
liens, claims, interests, and encumbrances," according to the sale
agreement executed by the trustee and the buyer on July 13.
About Human Housing Henrietta Hyatt
Human Housing Henrietta Hyatt, LLC, a company in Louisville, Ky.,
filed Chapter 11 petition (Bankr. W.D. Ky. Case No. 22-30060) on
Jan. 17, 2022, with $863,930 in total assets and $1,149,889 in
total liabilities. Judge Alan C. Stout oversees the case.
James F. Guilfoyle, Esq., at Guilfoyle Law Office, LLP serves as
the Debtor's legal counsel.
Elizabeth Woodward, the Subchapter V trustee appointed in the case,
is represented by Gray Ice Higdon, PLLC.
IMAGINE SCHOOL: Moody's Reviews 'Ba1' Bond Rating for Downgrade
---------------------------------------------------------------
Moody's Investors Service has placed Imagine School at Land O'Lakes
(FL) Ba1 revenue bond rating under review for downgrade. The action
affects approximately $17 million in rated debt. The outlook has
been updated to rating under review from stable.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATING
The review for downgrade is prompted by the potential addition of
$30 million in debt as the school issues parity debt for a new
school in West Pasco (Imagine School at West Pasco). In addition to
the increased debt there will be construction and ramp up risk as
the organization acquires the land, constructs and furnishes
facilities, hires staff and builds enrollment for an opening for
academic year 2024-25. Likewise, the school's operating
performance has weakened and liquidity has failed to increase in
accordance with previously articulated projections. Together the
challenges the school faces relative to the debt issuance and
weakened operating position may have a longer term significant
negative impact on the schools credit profile.
Additionally, the schools history of weak disclosure practices
including the project scale, the increased debt and risk levels to
current bonds holders is a contributing factor and results in
deterioration of Moody's assessment of the school's overall
financial policy and strategy, a governance consideration under
Moody's ESG framework.
The review will focus on a more detailed assessment of the new bond
issue terms, construction and ramp up risk, recent financial
results, and updated forecasts for enrollment, operations,
liquidity, leverage and governance. The review outcome could
include a downgrade by one or more rating notches.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
- Substantively improved liquidity
- Reduced leverage
- Stronger debt service coverage
- Improved disclosure
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
- Deterioration of coverage or liquidity
- Material increase in leverage
- Failure to achieve projected enrollment growth
- Continued failures to disclose operating and financial results
inline with disclosure agreement
LEGAL SECURITY
Debt service will be paid from loan payments pursuant to a Loan
Agreement between Imagine-Pasco, LLC. as the Borrower and Capital
Trust Agency. There is no lockbox mechanism. School revenues
primarily consist of state payments under the Florida Education
Finance Program (FEFP) on a weighted per pupil basis. Both state
and federal revenues flow monthly from the state to Pasco County
School District (Aa3). The district may then deduct 2% of revenues
for the first 250 students for administrative fees, based upon its
high academic performance and must pass all remaining revenues to
the charter school within 10 working days. Monthly payments are
paid in relatively even amounts during the fiscal year, providing
greater certainty around cash flow coverage.
Under the Loan Agreement, the Trustee is granted a security
interest in all of the right, title, and interest to the pledged
revenues as security for the payment of the bonds. In addition to
pledged revenues, debt is secured by a mortgage at the facilities
acquired with proceeds of the bonds creating a lien on the
facilities, and is assigned by the issuer to the Trustee.
Bond covenants include a debt service reserve sized at the lesser
of a three-pronged test; a minimum debt service coverage ratio of
1.1:1; an additional bonds test is based on a 1.25 historical (not
including proposed debt) and 1.25 forecasted including proposed;
and a weak days' cash on hand requirement of greater than 45 days.
If the school fails to meet the debt service covenant requirement,
it must hire an independent consultant to make recommendations to
remedy the coverage shortfall. If the days' cash on hand covenant
is less than 45 days' for two consecutive testing dates, the
failure will constitute an event of default, and the borrower will
promptly employ an independent management consultant for
recommendations. A failure to pay principal or interest will
constitute an event of default, whereby the full principal amount
outstanding will become immediately due and payable. Any other
event of default, including a default on the loan agreement, will
require majority bondholder approval to accelerate. Extraordinary
redemption provisions are normal and include the school ceasing to
exist as a charter school or the bonds being declared taxable.
PROFILE
The school is a K-8 Charter School in Pasco County (Aa2). The K-8
enrollment for the 2023-24 academic year totaled 907 students. The
school has a current wait list of over 455 students.
METHODOLOGY
The principal methodology used in this rating was US Charter
Schools published in September 2016.
JACKSON HOSPITAL: Moody's Lowers Revenue Bond Rating to 'B1'
------------------------------------------------------------
Moody's Investors Service has downgraded Jackson Hospital &
Clinic's (AL) revenue bond rating to B1 from Ba3 and maintained the
negative outlook. Jackson has approximately $90 million total debt
outstanding.
RATINGS RATIONALE
The downgrade to B1 reflects Jackson's low liquidity that will
continue to leave minimal headroom to its 50 days cash on hand
covenant. The covenant is measured semiannually and was at 54 days
in June 2023. Violation of the covenant could lead to an event of
default and acceleration of debt under the MTI. Jackson is fully
drawn on a $12 million line of credit to meet the covenant.
Unexpected demands on liquidity are otherwise low with all
fixed-rate debt and a defined contribution pension. Operating
performance, with pressures largely due to labor expenses, will
continue to improve with a number of initiatives in fiscal 2023.
Jackson will also expand its clinical footprint to grow its patient
base and attract more commercially insured patients and expand its
340B reimbursement strategy. Governance is a key driver of this
rating action, given elevated risk for financial strategy and risk
management, compliance and reporting, and management credibility
and track record, all of which are governance factors under Moody's
ESG framework.
RATING OUTLOOK
The negative outlook reflects continued low liquidity despite
improving operating performance in fiscal 2023 and 2024. Jackson
will likely maintain its days cash around current levels (54 days
at June 2023) via a line of credit and continued expense
reductions, but the December covenant measurement date will be key,
as failure to meet the covenant will constitute an event of default
under the MTI.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- Meaningful, sustained liquidity growth at or above 70 days
cash
-- Sustained operating performance at or above a 5% operating cash
flow (OCF) margin that supports sufficient headroom on financial
covenants
-- Substantial enterprise growth leading to durable increase in
operating revenue and volumes
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Violation of financial covenants leading to an event of
default, including further decline in liquidity below 50 days cash
at semiannual measurement
-- Inability to demonstrate sustained turnaround in operating
performance as measured by OCF margin
-- Incremental leverage or further weakening of debt metrics,
particularly debt to cash flow
LEGAL SECURITY
The bonds are secured by a pledge of Gross Receipts as defined in
the bond documents. Additional security is provided by a mortgage
on Jackson Hospital and Clinic's hospital and adjacent parking
decks.
PROFILE
Jackson Hospital & Clinic is a 344-licensed bed acute care center
located in Montgomery, Alabama. Jackson also has a controlling
interest in a Surgery Center and an Imaging Center.
METHODOLOGY
The principal methodology used in these ratings was Not-For-Profit
Healthcare published in December 2018.
LEXARIA BIOSCIENCE: Regains Compliance With Nasdaq Bid Price Rule
-----------------------------------------------------------------
Lexaria Bioscience Corp. disclosed in a Form 8-K filed with the
Securities and Exchange Commission that on Aug. 24, 2023, it
received a letter from the listing qualifications department staff
of The Nasdaq Stock Market confirming that the closing bid for the
Company's common stock during the 10 consecutive business days from
Aug. 10 to Aug. 23, 2023 had been at or greater than $1.00 and
therefore compliance with the $1.00 minimum bid price requirement
set forth in Nasdaq Listing Rule 5550(a)(2) for continued listing
on Nasdaq had been regained.
To note, the Company has also called a special meeting of
shareholders to approve a possible reverse stock split by no later
than May 31, 2024 to ensure that the Company would be able to
maintain its Nasdaq listing. While the Company currently has
regained compliance with Nasdaq Listing Rule 5550(a)(2), it intends
to proceed with the special meeting and the reverse stock split
proposal to ensure that it is in a position to quickly cure any
future failure to comply with Nasdaq Listing Rule 5550(a)(2) or to
ensure that the Company's share capital structure is in a better
position to attract additional investment.
About Lexaria
Lexaria Bioscience Corp. -- http://www.lexariabioscience.com-- is
a biotechnology company developing the enhancement of the
bioavailability of a broad range of fat-soluble active molecules
and active pharmaceutical ingredients using its patented
DehydraTECH drug delivery technology. DehydraTECH combines
lipophilic molecules or APIs with specific long-chain fatty acids
and carrier compounds that improve the way they enter the
bloodstream, increasing their effectiveness and allowing for lower
overall dosing while promoting healthier oral ingestion methods.
Lexaria Bioscience reported a net loss and comprehensive loss of
$7.38 million for the year ended Aug. 31, 2022, a net loss and
comprehensive loss of $4.19 million for the year ended Aug. 31,
2021, a net loss and comprehensive loss of $4.08 million for the
year ended Aug. 31, 2020, and a net loss and comprehensive loss of
$4.16 million for the year ended Aug. 31, 2019. As of Feb. 28,
2023, the Company had $4.85 million in total assets, $223,131 in
total liabilities, and $4.63 million in total stockholders' equity.
LIGHT & WONDER: Fitch Corrects Aug. 9 Ratings Release
-----------------------------------------------------
Fitch Ratings issued a correction of a release published on Aug. 9,
2023. It clarifies that the issuer of the proposed notes is Light &
Wonder International, Inc. rather than Light & Wonder, Inc. as
stated in the original release.
The amended release is as follows:
Fitch Ratings has assigned a 'BB'/'RR4' rating to Light & Wonder
International, Inc.'s proposed eight-year senior unsecured notes.
Light & Wonder International is a subsidiary of Light & Wonder,
Inc. (LNW, Long-Term Issuer Default Rating 'BB'/Stable). Proceeds
from the new notes will be used to refinance LNW's existing 8.625%
senior unsecured notes due 2025.
LNW's rating reflects its conservative leverage profile and solid
expected FCF margin for a gaming supplier and mobile developer.
Fitch believes LNW's credit profile remains consistent with a
rating of 'BB', due to robust FCF generation, strong liquidity, and
still conservative leverage. Fitch forecasts LNW's gross leverage
will decline below 4.0x by 2023 through EBITDA growth.
KEY RATING DRIVERS
Fitch forecasts LNW to reach 3.7x gross leverage for 2023 and
decline further over the forecast horizon. The further recovery of
LNW's gaming equipment and systems cash flows in 2023, coupled with
stable digital cash flows, will allow LNW to achieve gross leverage
metrics in 2023 and 2024 consistent with 'BB'. Notably, LNW's
strong expected FCF generation (mid-teens margins forecast in 2023
and beyond) and strong liquidity remain consistent with the
rating.
Growing Digital Presence: The company announced that it is
acquiring the 17% remaining interest of SciPlay, a social gaming
and casual mobile gaming operator, for approximately $500 million.
The acquisition will be funded through cash on hand. Fitch believes
the acquisition is a credit positive given the use of cash, the
subsidiary becomes part of the restricted group, and enhanced
balance sheet flexibility.
Monthly payer users have increased to 625,000 as of March 31, 2023
from 560,000 as of March 31, 2022. LNW's market share has grown to
10.2% in 2Q23 from 7.9% in 2019, aided by the performance of its
Jackpot Party and Quick Hit products. The company's digital
business faces strong competitive pressures, especially within
social gaming. This is offset by the more stable FCF compared with
the traditional slot business, as well as the increased product
diversification and scale.
Diversified Product Mix: LNW is a diversified gaming supplier with
exposure to traditional gaming (slots, tables, systems), iGaming,
social gaming and casual mobile gaming. The company's digital
adjacencies balance the traditional slot industry's high
competitiveness, tepid replacement cycle, and unreliable new casino
opening schedule. The company's leading slot systems business
(approximately 10% of pro forma revenues) provides a relatively
reliable cash stream and its table game business (approximately 8%)
is shifting more toward a lease model with operators.
Leading Gaming Supplier: The company garners low-20% market share
for both slot sales and installed base of premium slots in North
America, which has come down considerably over the last decade as
peers aggressively entered the market. With this share, the company
comfortably remains a top-three supplier, and the company
consistently rolls out attractive new content and cabinets that
have helped maintain a leading competitive position.
There are signs of stabilizing market share shifts, with the
company registering a relatively stable installed base in North
America since 2020 of around 30,000 units (30,675 units as of March
31, 2023). The company's table game business is a differentiator
relative to its peers, and also has a strong systems business.
Strong FCF Generation: Fitch expects the company's FCF generation
and margin will approximate $275 million and 11%, respectively, in
2023 thanks to stronger EBITDA, reduced interest expense, and
reduced capital intensity following lottery's divestiture. FCF is
strong relative to the broader gaming industry and in line with
other 'BB' and 'BBB' category suppliers. However, capital intensity
is higher than casino operators given the company's premium slot
business and royalty payments on licenses that are capitalized.
The company's FCF benefits from management's preference for share
repurchases over dividends. Fitch expects a majority of FCF to be
allocated toward repurchases ($437 million through May 4, 2023),
tuck-in acquisitions to support its Digital segment and
reinvestments within the business. Fitch does not anticipate any
meaningful debt paydown beyond the current capital structure ($3.9
billion of debt). The company is expected to have high flexibility
for restricted payments.
Parent Subsidiary Linkage: Fitch applied the strong subsidiary/weak
parent approach under its Parent and Subsidiary Linkage Rating
Criteria. Fitch views the linkage as strong across the company's
entities given the openness of access and control by the parent and
relative ease of cash movement throughout the structure. Fitch
views the entities on a consolidated basis and the IDRs are
linked.
DERIVATION SUMMARY
Light & Wonder's rating reflects its conservative leverage profile
and improved FCF generating ability pro forma for recapitalization
and lottery and sports betting divestitures in 2022. LNW remains a
diversified gaming supplier with strong market share, despite the
sale of the less cyclical lottery business. The company's leading
market position in the slot segment and greater diversification
position it stronger than peer Everi Holdings (BB-/Stable), despite
similar leverage levels.
The company has a similar business mix as peer Aristocrat Leisure
(BBB-/Stable); however, Aristocrat has a long track record of
managing gross leverage below 2.5x. International Game Technology
(BB+/Stable) has a similar credit profile as the company, despite
slightly higher leverage, thanks to meaningful lottery exposure,
which can withstand higher leverage.
KEY ASSUMPTIONS
Fitch's Key Assumptions Within the Rating Case for the Company:
- Fitch forecasts mid-single-digit growth for the Gaming segment in
2023 and low single-digit growth thereafter, supported by a
stabilization in the company's overall installed base in the
58,000-59,000 range and healthy ADRPU;
- SciPlay revenue growth of nearly 20% in 2023 and continues to
grow in the high single-digits annually thereafter, supported by
increased R&D and tuck-in acquisitions;
- iGaming experiences mid- to high single-digit growth annually,
supported by the rollout of LNW's Live Dealer platform and other
online market advances;
- EBITDA margins in the high 30% range. Fitch forecasts SciPlay to
contribute $250 million in annual EBITDA by 2025;
- Capex is approximately 8%-10% of revenues over the forecast
horizon. This includes royalty payments on license obligations;
- Total gross debt balance steady around $3.9 billion (modest
annual term loan amortization);
- Capital allocation is balanced between shareholder returns and
tuck-in M&A in the digital space. Fitch assumes share repurchases
are the primary avenue to return capital to shareholders.
RATING SENSITIVITIES
Factors that could, individually or collectively, lead to positive
rating action/upgrade:
- Gross leverage sustaining below 3.0x;
- Stable or growing slot share, particularly in North America;
- Expanding footprint in casual gaming demonstrated by successful
launch of new games and or an increase in user-based metrics (both
paying and non-paying).
Factors that could, individually or collectively, lead to negative
rating action/downgrade:
- Gross leverage sustaining above 4.0x;
- Slots business suffering from market share loss or the
deterioration of operating fundamentals;
- Greater revenue concentration in the more cyclical and hit-driven
casual mobile gaming business.
LIQUIDITY AND DEBT STRUCTURE
The company has multiple sources of liquidity that will support its
growth strategy and fund shareholder returns. The company had $909
million of cash as of June 30, 2023 and full availability under its
$750 million revolver. Fitch forecasts the company to generate FCF
of around $300 million-$500 million annually beginning FY 2023.
This will fund continued tuck-in acquisitions in the mobile segment
and an increase in shareholder returns primarily in the form of
repurchases.
Capex is manageable in the context of the company's improved cash
flow from operations, which should remain around 8%-10% of revenue.
This includes 'payments on license obligations' that get reported
in the company's cash flow from financing and are related to
requirement payments on brand licenses that are akin to operating
expenses.
Following the closing of the acquisition of the remaining equity
interests in SciPlay, the subsidiary will become a restricted
subsidiary of the company. The SciPlay $150 million untapped
revolver is expected to be terminated sometime after closing. The
full consolidation of SciPlay should provide for greater financial
flexibility.
ISSUER PROFILE
Light & Wonder, Inc. includes a cross-platform product portfolio
that includes Gaming (casino products and services), Social Gaming
(digital games on mobile and web platforms), and iGaming (digital
gamin content and other iGaming content and services).
ESG CONSIDERATIONS
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' 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. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Light and Wonder
International, Inc.
senior
unsecured LT BB New Rating RR4
LIVIE & LUCA: Mark Sharf Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 17 appointed Mark Sharf, Esq., a
practicing attorney in Los Angeles, as Subchapter V trustee for
Livie and Luca, LLC.
Mr. Sharf will charge $660 per hour for his services as Subchapter
V trustee and will seek reimbursement for work-related expenses
incurred.
Mr. Sharf declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark Sharf, Esq.
6080 Center Drive, 6th Floor
Los Angeles, CA 90045
Telephone: (323) 612-0202
Email: mark@sharflaw.com
About Livie and Luca
Livie and Luca, LLC is a California limited liability company. It
is an online retailer of children's footwear company. It was
founded in 2007 on the principles of empowerment, creativity, and
community involvement. The Debtor developed a customer-centered
design process that has helped it achieve a customer retention rate
of 59%.
The Debtor is headquartered in Oakland, Calif., though its
inventory is manufactured overseas. The Debtor sells its shoes via
its own website (www.livieandluca.com) and via other online retail
channels such as Amazon and Shopify. The inventory is located in
the United States and the Debtor contracts with third-party
logistics providers to store its inventory, ship its orders and
handle any returns. When goods are sold through the Amazon or
Shopify channels, those companies receive payment for the shoes
directly from the customers and then forward payment to the Debtor
after deducting amounts due from the Debtor to the particular
retail channel.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 23-40991) on Aug. 10,
2023. In the petition signed by its chief executive officer, Mitzi
Rivas, the Debtor disclosed up to $10 million in both assets and
liabilities.
Stephen D. Finestone, Esq., at Finestone Hayes LLP, represents the
Debtor as legal counsel.
LORDSTOWN MOTORS: Shields Bankruptcy from Foxconn Attacks
---------------------------------------------------------
Evan Ochsner of Bloomberg Law reports that Lordstown Motors Corp.
urged a judge to reject Foxconn Technology Group's effort to toss
the electric-vehicle maker’s bankruptcy, saying the Taiwanese
manufacturer is trying to skirt responsibility for its role in
Lordstown's downfall.
Lordstown needs Chapter 11 protection to shield itself from
shareholder lawsuits and pursue a sale, it said in a Monday, August
21, 2023, court filing. The company said it was forced into
bankruptcy after Foxconn failed to deliver on a partnership
agreement.
About Lordstown Motors Corp.
Lordstown Motors Corp. -- http://www.lordstownmotors.com/-- is an
electric vehicle OEM developing innovative light duty commercial
fleet vehicles, with the Endurance all electric pickup truck as its
first vehicle. It has engineering, research and development
facilities in Farmington Hills, Mich. and Irvine, Calif.
On June 27, 2023, Lordstown Motors Corp. and two affiliated debtors
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-10831). The cases
are pending before Judge Mary F. Walrath.
The Debtors tapped White & Case, LLP and Richards, Layton & Finger,
P.A. as bankruptcy counsels; Baker & Hostetler, LLP as special
counsel; Jefferies, LLC as investment banker; KPMG, LLP as auditor;
and Silverman Consulting as restructuring advisor. Kurtzman Carson
Consultants, LLC is the Debtors' claims and noticing agent and
administrative advisor.
The U.S. Trustee for Regions 3 and 9 appointed an official
committee to represent unsecured creditors in the Debtors' Chapter
11 cases. The committee tapped Troutman Pepper Hamilton Sanders,
LLP as legal counsel and Huron Consulting Group Inc. as financial
advisor.
MATEO ENTERPRISE: Unsecureds to Split $300K over 60 Months
----------------------------------------------------------
Mateo Enterprise, Inc., d/b/a El Milagro Market, filed with the
U.S. Bankruptcy Court for the Eastern District of California a Plan
of Reorganization dated August 24, 2023.
Debtor owns and operates a market and convenience store. Debtor was
incorporated in 2017 and Debtor operates its business in
California.
Debtor will continue operating its market and convenience store
during the Term of the Plan. Debtor believes that its business will
be profitable in the future and permit Debtor to repay debts owed
to creditors through the Plan as required by the law. The Term of
the Plan will not exceed sixty months from the effective date.
Class Thirteen consists of the Allowed Claims of Debtor's general
unsecured creditors. The Class Thirteen claims are impaired under
the Plan. The Class Thirteen claims will be about $1,599,617.26 on
the effective date. Repayment of the Class Thirteen claims will be
amortized over 60 months and Class Thirteen claims shall not accrue
interest after the effective date. Class Thirteen claims shall
receive a pro rata share of $300,000.00 during the Term of the
Plan. Any Class Thirteen claim not paid through the Plan will be
discharged when the Court enters a discharge as provided for in
Sections 1141 and 1192.
Payments on the Class Thirteen claims shall be $5,000.00 per month
beginning on January 31, 2024. Class Thirteen claims will receive a
pro rata share of $5,000.00 per month until Class Thirteen Dividend
is paid in full. Payment of the Class Thirteen claims shall
continue each month until the Class Thirteen Dividend is paid in
full.
Class Sixteen consists of the ownership interests held by Debtor's
shareholder. Debtor's shareholder shall retain his interests in
Debtor during the Term of the Plan and nothing in the Plan shall
divest Debtor's shareholder of his interests in Debtor. Debtor's
shareholder shall not receive dividend from Debtor during the Term
of the Plan. This means that Debtor's shareholder's interests are
impaired.
Debtor will continue its business to generate revenue for the
operation of its business and to fund the Plan. Debtor believes
that its business will generate gross revenue of $2,808,740.00 per
year during the Term of the Plan.
A full-text copy of the Plan of Reorganization dated August 24,
2023 is available at https://urlcurt.com/u?l=DzSYMM from
PacerMonitor.com at no charge.
Attorneys for Debtor:
Leonard K. Welsh, Esq.
Law Offices of Leonard K. Welsh
1800 30th Street, Fourth Floor
Bakersfield, CA 93301
Tel: (661) 328-5328
Fax: (661) 760-9900
Email: lwelsh@lkwelshlaw.com
About Mateo Enterprise
Mateo Enterprise, Inc., doing business as El Milagro Market, owns
and operates a market and convenience store.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. E.D. Calif. Case No. 23-11623) on July 28,
2023, with $249,375 in assets and $2,857,056 in liabilities.
Salvador Carrera, chief executive officer, signed the petition.
Judge Jennifer E. Niemann oversees the case.
Leonard K. Welsh, Esq., at the Law Office of Leonard K. Welsh
represents the Debtor as bankruptcy counsel.
MEDIAMATH: $22 Million Chapter 11 Sale to Infillion Okayed
----------------------------------------------------------
Emily Lever of Law360 reports that adtech company MediaMath got the
approval Wednesday, August 23, 2023, of a Delaware bankruptcy judge
for its $22 million sale to Infillion, clearing the way to exiting
bankruptcy on schedule in September 2023.
About MediaMath Holdings
MediaMath Holdings, Inc., develops and delivers digital advertising
media and data management technology solutions to advertisers.
MediaMath Holdings sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-10882) on June 30,
2023. In the petition signed by Neil Nguyen, chief executive
officer, the Debtor disclosed up to $500 million in both assets and
liabilities. As of the Petition Date, the Debtors had about $95
million of first lien funded debt.
Judge Laurie Selber Silverstein oversees the case.
The Debtors tapped YOUNG CONAWAY STARGATT & TAYLOR, LLP as legal
counsel, FTI CONSULTING, INC. as financial advisor, and EPIQ
CORPORATE RESTRUCTURING, LLC as claims and restructuring agent.
MEJJM INC: Deborah Caruso Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 10 appointed Deborah Caruso, Esq., at
Rubin & Levin as Subchapter V trustee for MEJJM, Inc.
Ms. Caruso will be paid an hourly fee of $350 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Caruso declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Deborah J. Caruso, Esq.
Rubin & Levin
135 N. Pennsylvania St., Suite 1400
Indianapolis, IN 46204
Phone: (317) 860-2928
Email: dcaruso@rubin-levin.net
About MEJJM Inc.
MEJJM, Inc. runs a business that designs, imports and sells
stationery, greeting cards and holiday cards into the retail space
via its wholesale business. It is based in Indianapolis, Ind.
The Debtor filed Chapter 11 petition (Bankr. S.D. Ind. Case No.
23-03538) on Aug. 14, 2023, with $1,502,094 in assets and
$2,887,831 in liabilities. Michael Smith, president, signed the
petition.
Judge Jeffrey J. Graham oversees the case.
KC Cohen, Esq., at KC Cohen, Lawyer, PC, represents the Debtor as
bankruptcy counsel.
MIKU INC: Joseph Schwartz Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Joseph Schwartz
Esq., at Riker Danzig Scherer Hyland & Perretti, LLP as Subchapter
V trustee for Miku, Inc.
Mr. Schwartz will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Schwartz declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Joseph L. Schwartz, Esq.
Riker Danzig Scherer Hyland & Perretti, LLP
One Speedwell Avenue,
Morristown, NJ 07962-1981
Phone: (973) 451-8506
Email: jschwartz@riker.com
About Miku Inc.
Miku, Inc. is a manufacturer of audio and video equipment in
Woodbridge, N.J.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 23-17005) on Aug. 14, 2023.
In the petition signed by its chief executive officer, Johann
Fernando, the Debtor disclosed $3,696,093 in assets and $5,100,016
in liabilities.
Judge Christine M. Gravelle oversees the case.
Morris S. Bauer, Esq., at Duanne Morris, LLP, represents the Debtor
as legal counsel.
W67 LLC, as DIP lender, is represented by Greenberg Traurig, LLP.
MODERN FARM: James Cross Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 14 appointed James Cross, Esq., at
Cross Law Firm, PLC as Subchapter V trustee for Modern Farm, LLC.
Mr. Cross will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Cross declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
James E. Cross, Esq.
Cross Law Firm, PLC
PO Box 45469
Phoenix, AZ 85064
602-412-4422
Email: jcross@crosslawaz.com
About Modern Farm
Modern Farm, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. D. Ariz. Case No. 23-05555) on Aug. 15,
2023, with $50,001 to $100,000 in assets and $100,001 to $500,000
in liabilities.
Judge Paul Sala oversees the case.
D. Lamar Hawkins, Esq., at Guidant Law, PLC represents the Debtor
as legal counsel.
MOKELUMNE INVESTMENTS: Nathan Smith Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Region 17 appointed Nathan Smith, Esq., as
Subchapter V trustee for Mokelumne Investments, LLC.
Mr. Smith is a partner at Malcolm & Cisneros. He will be paid an
hourly fee of $505 for his services as Subchapter V trustee and
will be reimbursed for work-related expenses incurred.
Mr. Smith declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Nathan F. Smith, Esq.
Malcolm & Cisneros
2112 Business Center Drive
Irvine, CA 92612
Phone: (949) 252-9400
Email: nathan@mclaw.org
About Mokelumne Investments
Mokelumne Investments, LLC is the owner of real property located at
4045 Abernethy Forest Pl, Las Vegas, Nev., valued at $1.1 million.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Nev. Case No. 23-13439) on Aug. 17,
2023, with $1,105,527 in assets and $895,000 in liabilities. David
Tortia, authorized representative of the Debtor, signed the
petition.
Judge Natalie M. Cox oversees the case.
David J. Winterton, Esq., at David Winterton & Associates, Ltd.
represents the Debtor as legal counsel.
MOMENTUM BREWERY: Unsecureds to be Paid in Full in Plan
-------------------------------------------------------
Momentum Brewery, LLC filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated August
24, 2023.
The Debtor is a community restaurant and bar, specializing in
providing beer from local breweries. The principle place of the
business at the time of filing was 5469 N US Highway 41, Apollo
Beach, Florida 33572.
The Debtor was purchased by current ownership in 2021. Due to an
outstanding loan obligation, as well as an increase in common area
maintenance fees, the Debtor fell behind on payments on the
commercial lease and a commercial eviction action was filed. The
Debtor will vacate the location on or before August 31, 2023, and
will reopen in the first quarter of 2024.
The Plan Proponent's financial projections show that the Debtor
will have monthly projected income to pay allowed claims. Further,
the principal of the Debtor will infuse capital necessary to meet
any shortfall if necessary.
Under the Debtor's Plan of Reorganization, priority claims of the
Internal Revenue Service and the Florida Department of Revenue will
be paid in full and non-priority unsecured creditors are estimated
to be paid in full on their claims.
Class One represents the secured claim of Small Business
Administration of $16,000. The Debtor contends the claim is
partially secured under Section 506 of the Bankruptcy Code and will
file a motion to determine the secured status of the claim absent
agreement of the claimant. The Small Business Administration will
retain all liens it held prepetition, and the secured claim of
$2400.00 will be paid with interest accruing at seven percent per
annum (8%) on a one-year amortization and term. Quarterly payments
of $648 shall commence 90 days from the effective date.
Class Two represents allowed general unsecured claims in the case.
The Debtor proposes to pay allowed Class Two unsecured claims in
full without interest on a pro-rata basis in twenty equal quarterly
installments of $1596.00. The initial payment will commence on the
90th day after the Effective Date of the Plan.
Prior to this chapter 11 case the Debtor operated a brewery and bar
located at 5469 N US Highway 41, Apollo Beach, Florida 33572. The
Debtor will vacate this location no later than August 31, 2023. The
Debtor has secured storage for its equipment, and has located
several potential locations to reopen all within a five-mile radius
of its current location. The Debtor believes that the business has
strong customer loyalty that will continue to the new location.
The Debtor believes that continued earnings through business
operations will be sufficient to fund the payments required to be
made under the Plan, however, the principal of the business, Luis
Armas, will be able to infuse additional capital into the Debtor to
cover any short-term cash needs to protect the value of the
business and ensure that Plan payments are made.
A full-text copy of the Plan of Reorganization dated August 24,
2023 is available at https://urlcurt.com/u?l=SNZDuc from
PacerMonitor.com at no charge.
Attorneys for Debtor:
James W. Elliott, Esq.
McIntyre Thanasides Bringgold Elliott
Grimaldi Guito & Matthews, P.A.
500 E. Kennedy Blvd., Ste. 200
Tampa, FL 33602
Phone: 813-223-0000
Fax: 813-899-6069
Email: james@mcintyrefirm.com
About Momentum Brewery
Momentum Brewery, LLC is a community restaurant and bar,
specializing in providing beer from local breweries.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. Fla. Case No. 23-02177) on May 26,
2023, with $100,001 to $500,000 in assets and $50,001 to $100,000
in liabilities. Ruediger Mueller has been appointed as Subchapter V
trustee.
Judge Catherine Peek McEwen oversees the case.
The Debtor is represented by James W. Elliott, Esq., at McIntyre
Thanasides Bringgold Elliott Grimaldi Guito & Matthews, P.A.
MYOMO INC: Expects to Raise $4.4M From Registered Public Offering
-----------------------------------------------------------------
Myomo, Inc. disclosed in a Form 8-K filed with the Securities and
Exchange Commission that it issued and sold to certain investors,
including one of the Company's 5% stockholders AIGH Capital
Management, LLC and certain officers and employees of the Company,
in a registered public offering (i) 5,413,334 shares of the
Company's common stock, par value $0.0001 per share; and (ii)
pre-funded warrants in lieu of shares of Common Stock to purchase
1,920,000 shares of Common Stock, for prices equal to $0.60 per
Share and $0.5999 per Pre-Funded Warrant.
A.G.P./Alliance Global Partners acted as the sole placement agent,
on a "reasonable best efforts" basis, in connection with the
Offering. The Shares and Pre-Funded Warrants actually sold and the
Shares issuable upon the exercise of the Pre-Funded Warrants are
being offered and sold pursuant to a shelf registration statement
on Form S-3 that was filed with the Securities and Exchange
Commission on May 14, 2021 and declared effective by the SEC on May
25, 2021 (File No. 333-256159). A final prospectus supplement
relating to the offering was filed with the SEC on Aug. 28, 2023.
For a period of 90 days from the closing date of the Offering, the
Company (and its subsidiaries) agreed not to (i) issue, enter into
any agreement to issue or announce the issuance or proposed
issuance of any shares of the Company's Common Stock or common
stock equivalents (other than certain exempt issuances); or (ii) to
file any registration statement or amendment or supplement thereto,
other than the prospectus supplements or filing a registration
statement on Form S-8 in connection with an employee benefit plan
of the Company. Furthermore, for a period of 12 months from the
closing date of the Offering, the Company (and its subsidiaries)
shall be prohibited from (i) effecting or entering into certain
agreements for the issuance of Common Stock or common stock
equivalents (or a combination thereof) involving a Variable Rate
Transaction, as defined in the Purchase Agreement, and (ii)
reducing the exercise price of any common stock equivalent,
including the warrants issued in its February 2020 public
offering.
A holder (together with its affiliates) will not be able to
exercise any portion of the Pre-Funded Warrants to the extent that
the holder would own more than 4.99% (or, at the holder's option
upon issuance, 9.99%) of the Company's outstanding shares of Common
Stock immediately after exercise. However, upon prior notice from
the holder to the Company, a holder may increase or decrease the
amount of ownership of outstanding shares of Common Stock up to
9.99% of the number of the Company's shares of Common Stock
outstanding immediately after giving effect to the exercise, as
such percentage ownership is determined in accordance with the
terms of the Securities Exchange Act of 1934, as amended, provided
that any increase shall not be effective until 61 days following
notice to the Company.
The closing of the Offering was expected to occur on Aug. 29, 2023,
subject to satisfaction of customary closing conditions set forth
in the Purchase Agreement. The Company is expected to receive
gross proceeds of $4.4 million in connection with the Offering
before deducting Placement Agent fees and other offering expenses.
The Company intends to use the net proceeds from the Offering for
general corporate purposes, which may include working capital and
capital expenditures, research and development expenses and sales
and marketing activities. If the Centers for Medicare and Medicaid
Services finalizes the Company's classification as a brace and
publishes a fee in conjunction with the next public meeting, which
is expected to be held before the end of the year, the proceeds
will also be used to fund additions to the Company's headcount in
order to service a greater number of patients and to procure
additional inventory to ramp its operations.
The Company entered into a Placement Agency Agreement, dated Aug.
24, 2023, by and between the Company and the Placement Agent.
Pursuant to the Placement Agency Agreement, the Placement Agent
will receive an aggregate cash fee of 6% of the aggregate gross
proceeds of the Offering, a non-accountable expense allowance of
$10,000 and an accountable expenses of up to $50,000 related to the
legal fees.
About Myomo
Headquartered in Cambridge, Massachusetts, Myomo, Inc. --
http://www.myomo.com-- is a wearable medical robotics company that
offers expanded mobility for those suffering from
neurologicaldisorders and upper limb paralysis. Myomo develops and
markets the MyoPro product line. MyoPro is a powered upper limb
orthosis designed to support the arm and restore function to the
weakened or paralyzed arms of patients suffering from CVA stroke,
brachial plexus injury, traumatic brain or spinal cord injury, ALS
or other neuromuscular disease or injury.
Myomo reported a net loss of $10.72 million for the year ended Dec.
31, 2022, compared to a net loss of $10.37 million for the year
ended Dec. 31, 2021. As of March 31, 2023, the Company had $13.74
million in total assets, $4.10 million in total liabilities, and
$9.63 million in total stockholders' equity.
New York, NY-based Marcum LLP, the Company's auditor since 2016,
issued a "going concern" qualification in its report dated March
13, 2023, citing that the Company 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.
NABORS GARAGE: Case Summary & 16 Unsecured Creditors
----------------------------------------------------
Debtor: Nabors Garage Doors LLC
6815 Shiloh Rd E, Ste A-6
Alpharetta, GA 30005
Business Description: Nabors is a family owned and operated garage
door service and sales business.
Chapter 11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 23-58391
Judge: Hon. Jeffery W. Cavender
Debtor's Counsel: Leslie Pineyro, Esq.
JONES & WALDEN, LLC
699 Piedmont Avenue NE
Atlanta, GA 30308
Tel: 404-564-9300
Email: info@joneswalden.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Serena Meador as sole member.
A full-text copy of the petition containing, among other items, a
list of the Debtor's 16 unsecured creditors is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/WOVQTBY/Nabor_Garage_Doors_LLC__ganbke-23-58391__0001.0.pdf?mcid=tGE4TAMA
ORBITAL INFRASTRUCTURE: Alter Domus, Streeterville DIP Loans OK'd
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, authorized Orbital Infrastructure Group, Inc. and
its debtor-affiliates to use cash collateral and obtain
postpetition financing, on an interim basis.
The Debtors obtained a senior secured, superpriority and priming
debtor-in-possession term loan credit facility, subject to the
terms and conditions set forth in a Superpriority Senior Secured
Debtor-in-Possession Credit Agreement, in an aggregate principal
amount of up to $7.5 million, of which:
(a) $2.5 million will be available immediately upon entry of
the Interim Order; and
(b) $5 million will be available subject to the conditions
outlined in Sections 3.02 and 3.03, as applicable, of the Front
Line DIP Credit Agreement, by and among the Borrower, Front Line
Power Construction, LLC and the other Front Line Debtor DIP
Guarantors , as guarantors, the several financial institutions or
other entities from time to time party thereto as "Lenders", and
Alter Domus (US) LLC, as administrative agent and collateral
agent.
The Debtors also obtained a senior secured, superpriority and
priming debtor-in-possession term loan credit facility, subject to
the terms and conditions set forth in a Superpriority Senior
Secured Streeterville Debtor-in-Possession Credit Agreement, in an
aggregate principal amount of up to $7.5 million, of which:
(a) $2.5 million will be available immediately upon entry of
the Interim Order; and
(b) $5 million will be available subject to the conditions
outlined in Sections 3.02 and 3.03, as applicable, of the
Streeterville DIP Credit Agreement, by and among the Borrower, the
Streeterville Debtor DIP Guarantors, as guarantors, Streeterville
Capital, LLC as Lender.
The Front Line DIP Credit Agreement and the Streeterville DIP
Credit Agreement mature through the earliest of (a) the Scheduled
Maturity Date, (b) the effective date of any plan for the
reorganization of the Borrowers or any other Debtor under Chapter
11 of the Bankruptcy Code, (c) the consummation of a sale or other
disposition of all or substantially all of the equity interests of
Front Line under section 363 of the Bankruptcy Code, (d) the
consummation of a sale or other disposition of all or substantially
all of the assets of the Debtors under section 363 of the
Bankruptcy Code, (e) the date of acceleration of the Term Loans and
the termination of unused Commitments with respect to the DIP
Facility in accordance with the terms of this Agreement upon and
during the continuance of an Event of Default and (f) the date that
is 30 days after the Petition Date, unless the Final Order Entry
Date has occurred on or prior to such date.
The Debtors are required to comply with these milestones:
(i) After entry thereof, with all of the requirements and
obligations set forth in the Orders and the Cash Management Order,
as each such order is amended and in effect from time to time in
accordance with the Agreements;
(ii) After entry thereof, with each order of the type referred
to in clause (b) of the definition of "Approved Bankruptcy Court
Order", as each such order is amended and in effect in accordance
with this Agreement; and (iii) after entry thereof, with the orders
(to the extent not covered by subclause (i); or
(iii) Approval of the Debtors' "first day" and "second day"
relief and any pleadings seeking to establish material procedures
for administration of the Cases or approving significant or
material outside the ordinary course of business transactions and
all obtained in the Cases, as each such order is amended and in
effect in accordance with the Agreements.
The Debtors have an immediate and critical need to obtain the DIP
Financing and to use Prepetition Collateral and cash collateral in
order to permit, among other things, the orderly continuation of
the operation of their businesses, to maintain business
relationships with vendors, suppliers and customers, to make
payroll, to make capital expenditures, to satisfy other working
capital and operational needs and to fund expenses of these Chapter
11 Cases.
$115MM Front Line Loan
As of the Petition Date, the Debtors owe an aggregate principal
amount of not less than $115.2 million under the Prepetition Front
Line Credit Agreement, dated as of November 17, 2021, by and
among:
(a) Front Line, as borrower;
(b) Eclipse Foundation Group, Inc., the Company, Gibson
Technical Services, Inc., Orbital Power, Inc., IMMCO, Inc., Full
Moon Telecom, LLC, Orbital Solar Services, LLC, Orbital Gas
Systems, Ltd., CUI Holdings Inc. and CUI Properties, LLC, as
guarantors;
(c) the lenders from time to time party thereto; and
(d) Alter Domus (US) LLC, as administrative agent and
collateral agent.
$9.5MM Front Line Intercompany Note
As of the Petition Date, OIG owes not less than $9.5 million under
a secured Intercompany Note, dated as of November 7, 2022, with
Front Line, as holder.
$30MM Johnson Note
As of the Petition Date, OIG owes not less than $30 million in
outstanding principal amount under an Amended and Restated Secured
Promissory Note Due August 31, 2023, dated May 26, 2023 by and
among (a) the Company, as borrower and (b) Kurt A. Johnson, Jr., as
holder. Pursuant to the Guaranty, dated as of May 26, 2023, by and
between Front Line, and the Holder, and as acknowledged by Alter
Domus (US) LLC, as Administrative Agent and Collateral Agent to the
Lenders, Front Line and the other Prepetition Front Line Guarantors
guaranteed the Prepetition Secured Promissory Note Debt.
$89MM Streeterville Note
As of the Petition Date, the Debtors owe not less than $89 million
in outstanding principal amount under a Secured Promissory Note,
dated as of March 6, 2023, and that Amended and Restated
Forbearance and Line of Credit Agreement, dated as of March 6,
2023, by and among (a) either the Company, or the Company and GTS
and (b) Streeterville. The Company, GTS, Orbital Power, IMMCO,
Coax Fiber Solutions, Inc., a Georgia corporation, Full Moon, and
Orbital Solar, guaranteed the Obligations.
Adequate Protection
As adequate protection for the use of cash collateral, the
Prepetition Front Line Agent, for itself and for the benefit of the
other Prepetition Front Line Secured Parties, are granted a valid,
perfected replacement security interest in and lien upon all of the
Front Line DIP Collateral.
Without duplication of the Front Line Adequate Protection Liens,
the Prepetition Promissory Note Holder is granted in the amount of
its respective Adequate Protection Claims, a valid, perfected
replacement security interest in and lien upon the Prepetition
Front Line Equity Collateral, the Unencumbered Property and the
General Avoidance Proceeds.
The Prepetition Streeterville Lender is granted a valid, perfected
replacement security interest in and lien upon all of the
Streeterville DIP Collateral.
Solely to the extent that the Prepetition Secured Intercompany Note
Liens were senior to the Prepetition Streeterville Liens as of the
Petition Date, Front Line, as holder of the Prepetition Secured
Intercompany Note, is granted, in the amount of its respective
Adequate Protection Claims, a valid, perfected replacement security
interest in and lien upon the Unencumbered Property and the General
Avoidance Proceeds.
The Prepetition Secured Parties, as applicable, are granted, an
allowed superpriority administrative expense claim as provided for
in 11 U.S.C. section 507(b) in the amount of their respective
Adequate Protection Claims, with priority in payment over any and
all administrative expenses of the kind specified or ordered
pursuant to any provision of 11 U.S.C. 507(b) Claims, which 507(b)
Claims will have recourse to and be payable from all prepetition
and postpetition property of the Debtors and all proceeds thereof.
A final hearing on the matter is set for September 20, 2023 at 9
a.m.
A copy of the order is available at https://urlcurt.com/u?l=5xWA99
from Donlin Recano, the claims agent.
About Orbital Infrastructure Group, Inc.
Orbital Infrastructure Group, Inc. (NASDAQ: OIG) provides
engineering, design, construction, and maintenance services to
customers in the electric power, telecommunications, and renewable
industries. It designs, installs, upgrades, repairs, and maintains
electric power transmission and distribution infrastructure, and
substation facilities, as well as offers emergency restoration
services; and provides drilled shaft foundation construction
services to the electric transmission and substation, industrial,
telecommunication, and disaster restoration market sectors. Orbital
Infrastructure Group, Inc. was incorporated in 1998 and is
headquartered in Houston, Texas.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 23-90763) on August
23, 2023. In the petition signed by James F. O'Neil III, chief
executive officer, the Debtor disclosed $24,185,668 in assets and
$225,850,276 in liabilities.
Judge David R. Jones oversees the case.
The Debtors tapped Haynes and Boone, LLP as legal counsel, Alvarez
and Marsal North America, LLC as restructuring advisor, Moelis and
Company as investment banker, and Donlin, Recano & Company, Inc. as
claims, noticing, solicitation and administrative agent.
Counsel to the Ad Hoc Group of Front Line Lenders are Davis Polk &
Wardwell LLP and Norton Rose Fulbright US LLP.
Counsel to the Front Line DIP Lenders:
Damian S. Schaible, Esq.
Angela M. Libby, Esq.
Joshua Sturm, Esq.
Davis Polk & Wardwell LLP
450 Lexington Ave.
New York, NY 10017
E-mail: damian.schaible@davispolk.com
angela.libby@davispolk.com
joshua.sturm@davispolk.com
Alter Domus (US) LLC, as Front Line DIP Agent and Prepetition Front
Line Agent, may be reached at:
Emily Ergang Pappas
Legal Department - Agency
Chris Capezuti
Alter Domus (US) LLC
225 W. Washington St., 9th Floor
Chicago, IL 60606
E-mail: emily.ergangpapas@alterdomus.com
legal_agency@alerdomus.com
cortlandsuccessoragency@alterdomus.com
Counsel to Alter Domus (US) LLC:
Joshua Spencer, Esq.
Phil Nelson, Esq.
Holland & Knight LLP
150 N Riverside Plaza, Suite 2700
Chicago, IL 60606
E-mail: Joshua.spencer@hklaw.com
phillip.nelson@hklaw.com
Streeterville Capital, LLC, in its capacity as Prepetition
Streeterville Lender and Streeterville DIP Lender, may be reached
at:
John Fife, Esq.
Streeterville Capital, LLC
303 East Wacker Drive, Suite 1040
Chicago, IL 60601
E-mail: jfife@chicagoventure.com
Counsel to Streeterville Capital, LLC:
Brian M. Rothschild, Esq.
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
E-mail: BRothschild@parsonsbehle.com
Counsel to the Prepetition Promissory Note Holder:
Jason Barnes, Esq.
Joseph Coleman, Esq.
Kane Russell Coleman Logan PC
901 Main Street, Suite 5200
Dallas, TX 75202
E-mail: JBarnes@krcl.com
jcoleman@krcl.com
PLZ CORP: S&P Lowers Issuer Credit Rating to 'B-', Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on PLZ Corp. by
one notch to 'B-' from 'B'.
The stable outlook reflects S&P's view that PLZ's operational
execution, in spite of a tepid macroeconomic backdrop, should be
sufficient to allow for appropriate credit measures and adequate
liquidity at the new ratings, including an adjusted debt-to-EBITDA
ratio in the 6.5x-8.0x range.
Recent recovery in PLZ's profitability is not enough to counteract
weak demand.
S&P noted that PLZ's S&P Global Ratings-adjusted EBITDA margin
improved by 160 basis points (bps) sequentially in the June
quarter, helped by cost-reduction actions (including a reduction in
force), sequential decreases in raw material costs, and improved
manufacturing efficiency. However, its absolute profitability was
lower than expected because of the significant 13% year-over-year
contraction in quarterly sales. PLZ's customers expressed general
demand softness because the theme of persistent inventory
destocking in the broader chemicals space has afflicted PLZ's
products as well. The segments that experienced the heaviest sales
contraction were contract packaging (down almost 20%) and food
service (down 12%) while the retail and automotive specialty group
segment and the distribution segment experienced adequate sales
growth. While volumes were up sequentially in the second quarter,
they were only modestly so, and there is still much ground to make
up before volumes come in at more normal levels. There will be
plant closures in the fourth quarter of 2023 and mid-2024 to
continue to generate fixed-cost savings, as demand modestly comes
back.
Credit measures are likely to remain weak for the next year.
S&P said, "While our previous anticipation of PLZ's adjusted debt
to EBITDA ratio staying above 7.5x in 2023 is unchanged, we had
also thought that a recovery in volumes and better operational
execution could get its leverage figure below 6.5x in 2024. We now
view that scenario as unlikely because the company's performance in
the June 2023 quarter fell short of what it had been able to earn
in the June quarters of the past two years. We believe that PLZ's
debt leverage may remain above 6.5x through 2024. In addition,
despite an interest rate cap on $750 million of its debt, we see
PLZ's interest expense rising by almost 40% in 2023 to $109
million, depressing its EBITDA to interest coverage ratio to 1.5x
from 2.0x the year before. On the positive side, the company's
better margins and good working capital management should allow for
healthier cash flow from operations to about $35 million this year
compared with only $9 million last year. The $100 million revolving
facility due 2026 is undrawn, so the company's sources of liquidity
are more than sufficient to meet its needs.
"The stable outlook on PLZ Corp. reflects our expectation that the
company's leverage ratio will improve in the next couple of
quarters and that it will maintain a weighted-average debt to
EBITDA ratio in the 6.5x-8.0x range. Our base case scenario
accounts for the weak performance in 2023, largely attributable to
poor first-half results, followed by a modest profitability
improvement in the second half of this year and going into 2024
because of pricing strength and product mix improvement. While
volumes were up modestly on a sequential basis in the second
quarter, we do not anticipate meaningful volume growth until next
year. We also assume the company will continue to expand through
acquisitions, but we do not expect those deals to permanently
increase debt leverage beyond the range appropriate for the
ratings. In addition, we anticipate PLZ will generate positive free
cash flow, which will support its ability to maintain adequate
liquidity.
"We could lower our ratings on PLZ in the next 12 months if its
operating performance weakened to the point that its
weighted-average debt to EBITDA exceeded 8.0x on a sustained basis
and its capital structure became unsustainable for the company's
earnings and cash flows to service. This could occur if the U.S.
entered a deep and lasting recession that led to elevated customer
attrition, environmental concerns shifted consumer preferences away
from aerosol products, or the company's pricing ability waned and
it were unable to offset greater-than-expected raw material costs.
We could also lower our rating if PLZ's ratio of liquidity sources
to uses fell below 1.2x absent prospects for an improvement. In
addition, we would consider taking a negative rating action if the
company undertook a large debt-funded acquisition or dividend
recapitalization that stretched its credit measures.
"We could raise our rating on PLZ in the next 12 months if its
EBITDA margins exceeded our base case assumptions by over 450 bps
such that its weighted-average debt to EBITDA declined below 6.5x
on a sustained basis. This would likely involve the company
sustaining higher profitability through good operational execution
and better product mix, along with greater-than-expected volume
increases in its distribution and retail segments. However, before
considering an upgrade, we would need to believe that the company's
financial policies would support its ability to maintain these
improved credit measures after factoring in its growth
initiatives."
POMONA VALLEY: Unsecured Creditors to Get 100% Under Plan
---------------------------------------------------------
Pomona Valley Home Care, Inc., submitted an Amended Chapter 11 Plan
of Reorganization.
The Debtor's assets have an approximate value of $133,401.
Under the Plan, Class 3a Allowed General Unsecured Claims total
$87,927. Class 3a will be paid pro rata over 60 monthly with an
estimated monthly payment of $1,465. The Debtor's projected
disposable income for the 36 months after the effective date of the
Plan is $37,247. Estimated administrative expenses total $35,000.
The Debtor's counsel has $10,991 in trust, reducing the
administrative fee balance to $24,009. Therefore, a total of
$13,328.00 is projected to be available to be distributed to Class
3 allowed claims. However, Debtor's President has agreed to a
temporary reduction in compensation in order to provide a 100%
distribution to Class 3a general unsecured creditors. Payments to
Class 3a will not commence until administrative claims have been
paid in full. Class 3a is impaired.
Class 3b Separately Classified General Unsecured Claims total
$0.00. Class 3b will be paid $0.00 per the Proof of Claim filed.
Class 3b is impaired.
The Plan will be funded from the Debtor's continued operations.
Proposed Attorney for the Chapter 11 Debtor:
Thomas B. Ure, Esq.
URE LAW FIRM
8280 Florence Avenue, Suite 200
Downey, CA 90240
Tel: (213) 202-6070
Fax.: (213) 202-6075
E-mail: tom@urelawfirm.com
A copy of the Amended Chapter 11 Plan of Reorganization dated
August 18, 2023, is available at https://tinyurl.ph/fHeuM from
PacerMonitor.com.
About Pomona Valley
Pomona Valley Home Care, Inc., filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. C.D. Cal. Case No.
23-12116) on April 7, 2023, with $100,001 to $500,000 in both
assets and liabilities. Susan K. Seflin has been appointed as
Subchapter V trustee.
Judge Sheri Bluebond oversees the case.
The Debtor is represented by Thomas B. Ure, Esq., at Ure Law Firm.
Tamar Terzian is the patient care ombudsman appointed in the
Debtor's Chapter 11 case.
PORTUGUESE BEND: Selling Assets to Smoke and Fire for $265,000
--------------------------------------------------------------
Portuguese Bend Distilling, LLC asked the U.S. Bankruptcy Court for
the Central District of California to approve the sale of its
assets to Smoke and Fire Eatery, LLC or to a potential buyer with a
better offer.
The assets up for sale include alcoholic beverages, licenses and
personal property used to operate the company's bar, restaurant and
craft distillery in Long Beach, Calif.
Under the deal, Portuguese Bend Distilling agreed to sell its
assets to Smoke and Fire Eatery for $265,000, including a $25,000
deposit. The company will also assume and assign its liquor
licenses to the proposed buyer to effectuate the sale.
The liquor licenses were issued to Portuguese Bend Distilling by
the California Department of the Alcoholic Beverage Control. The
closing of the sale is contingent upon ABC's approval of the
transfer of the licenses, according to a motion filed by the
company in court.
The sale of the assets to Smoke and Fire Eatery will be subject to
overbidding by other prospective buyers who can place their bids on
the assets during the hearing on the motion scheduled for Sept. 26,
at 11:00 a.m. Smoke and Fire Eatery can participate in the overbid
process.
The initial overbid must be at least $315,000. Any interested
bidder must submit to Portuguese Bend Distilling's legal counsel a
money order or a cashier's check in the amount of $100,000 by no
later than five business days before the Sept. 26 hearing.
In the event that Portuguese Bend Distilling timely receives more
than one qualifying bid, the court will conduct an auction at the
Sept. 26 hearing during which the court will also consider approval
of the winning bid.
The sale must be consummated on the third business day after entry
of a court order approving the deal. If the winning bidder fails to
close the sale, the back-up bidder's offer will be deemed to be the
winning bid and the company will be authorized, but not required,
to consummate the sale with the back-up bidder without further
court order.
Attorney for Portuguese Bend Distilling, Michael Kogan, Esq., at
Kogan Law Firm, APC, said the sale gives creditors of the company
"the certainty of payment in a very short time."
"[Portuguese Bend Distilling's] ability to consummate the proposed
sale as soon as possible is essential to maximizing the value of
the estate going forward and, without approval on an expedited
basis, [Portuguese Bend Distilling's] alternative would be far
worse for creditors," Mr. Kogan said in court papers.
About Portuguese Bend Distilling
Portuguese Bend Distilling, LLC operates a bar, restaurant and
craft distillery at 300 N. Promenade, Long Beach, Calif.
The Debtor filed Chapter 11 petition (Bankr. C.D. Calif. Case No.
23-15416) on Aug. 23, 2023, with $1 million to $10 million in both
assets and liabilities. Judge Vincent P. Zurzolo oversees the
case.
Michael S. Kogan, Esq., at Kogan Law Firm, APC serves as the
Debtor's bankruptcy counsel.
PRIME CORE: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------
The U.S. Trustee for Region 3 and 9 appointed an official committee
to represent unsecured creditors in the Chapter 11 cases of Prime
Core Technologies, Inc. and its affiliates.
The committee members are:
1. Yousef Abbasi
15 Webster Drive
Wayne, NJ 07470
Phone: (908) 358-7525
Email: Yousef.a.abbasi@gmail.com
2. Allsectech, Inc.
Attn: Aviral Dhirendra
46C, Velachery Main Road
Velachery Chennai 600042
Phone: +9190716126786
Email: aviral198828@gmail.com
3. DMG Blockchain Solutions, Inc.
Attn: Steven Eliscu
4193 104 St.
Delta, BC V4K 3N3, Canada
Phone: (408) 529-0498
Email: steve@dmgblockchain.com
4. Net Cents Technology, Inc.
Attn: Clayton Moore
9th Floor, 1021 West Hastings St.
Vancouver, BC, V6C 2R6
Phone: (778) 836-9844
Email: claytonmoore@net-cents.com
5. Polaris Ventures
Attn: Ruairi Donnelly
Innere Margarethenstrasse 5
CH-4051 Basel, Switzerland
Phone: (707) 396-8230
Email: ruairi.donnelly@polaris-ventures.org
6. Stably Corporation
Attn: Ivan Inchauste
P.O. Box 2739
Renton WA 98056
Phone: (425) 698-7904
Email: ivan@stably.io
7. Austin Ward
100 Van Ness Ave., Apt. 1404
San Francisco, CA 94105
Phone: (253) 257-0881
Email: austindward@proton.me
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Prime Core
Prime Core Technologies, Inc. and three of its affiliates sought
Chapter 11 bankruptcy protection (Bankr. D.N.J. Lead Case No.
23-11161) on Aug. 16, 2023. The petitions were signed by Jor Law as
interim chief executive officer. The Hon. J. Kate Stickle presides
over the Debtors' cases.
The Debtors listed $50 million to $100 million in estimated assets
and $100 million to $500 million estimated liabilities.
McDermott Will & Emery LLP serves as counsel to the Debtors. The
Debtors' financial advisor is M3 Advisory Partners, LP; their
investment banker is Galaxy Digital Partners LLC; and their claims
and noticing agent is Stretto.
SA HOSPITAL: Involuntary Chapter 11 Case Summary
------------------------------------------------
Alleged Debtor: SA Hospital Acquisition Group, LLC
4308 Via Entrada
Newbury Park CA 91320
Involuntary Chapter
11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
District of Delaware
Case No.: 23-11367
Petitioners' Counsel: Aaron L. Hammer, Esq.
HORWOOD MARCUS & BERK CHARTERED
500 West Madison Street, Suite 3700
Chicago, IL 60661
Tel: 312-242-3293
Email: ahammer@hmblaw.com
A full-text copy of the Involuntary Petition is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/GIUUSOA/SA_Hospital_Acquisition_Group__debke-23-11367__0001.0.pdf?mcid=tGE4TAMA
Alleged creditors who signed the petition:
Petitioner Nature of Claim Claim Amount
Matthew Haddad Contractual $2,625,000
100 Wilshire Blvd., Suite 1500 Obligation
Los Angeles, CA 90017
Goldberg Healthcare Partners, LLC Contractual $535,000
9230 W. Olympic Blvd., Suite 203 Obligation
Beverly Hills CA 90212
Frank Saidara Contractual $110,000
Obligation
Yoel Pesso Contractual $500,000
7912 Blackburn Ave., Suite 10 Obligation
Los Angeles CA 90048
SAGINAW PREPARATORY: S&P Raises Revenue Bond LT Rating to 'B+'
--------------------------------------------------------------
S&P Global Ratings raised its long-term rating to 'B+' from 'B' on
Michigan Finance Authority's series 2012 public school academy
revenue bonds, issued for Saginaw Preparatory Academy (SPA). The
outlook is stable.
"The raised rating reflects our view of SPA's trend of positive
operations, good maximum annual debt service (MADS) coverage, and
solid liquidity," said S&P Global Ratings credit analyst Robert Tu.
"The raised rating further reflects our view of the academy's
improved enrollment and academic performance," Mr. Tu added.
The rating reflects S&P's opinion of the following credit risks:
-- Weak demand profile and limited demand flexibility, as
evidenced by the lack of a waitlist to offset enrollment
fluctuations;
-- The school's small enrollment base and historically variable
enrollment trend, although enrollment has increased for the past
three years;
-- Limited revenue pledge that restricts the use of per-pupil
state aid to 20% of the amount appropriated; and
-- The risk, as with all charter schools, that the charter could
be revoked or not renewed prior to the bonds' maturity, which
represents moderately high credit risk compared with other
industries and sectors.
S&P believe the aforementioned weaknesses are somewhat offset by
the school's:
-- Improved academic performance, with the school exiting priority
status in the 2022-2023 academic year;
-- Solid liquidity for the rating, with 157 days' cash on hand in
fiscal 2022;
-- Positive operations in fiscal 2022, although financial metrics
are expected to moderate in fiscal 2023, bringing MADS coverage
near 1.0x;
-- Manageable MADS burden and no additional debt plans; and
-- Successful charter renewal through June 30, 2027, and positive
relationship with its authorizer.
SPA offers grades preK-8 on its seven-acre campus located in
Saginaw County.
SAS AB: To Stay in Chapter 11 Until 1st Quarter of 2024
-------------------------------------------------------
CH-Aviation reports that News reports that SAS Group and its debtor
subsidiaries, including SAS Scandinavian Airlines (SK, Copenhagen
Kastrup), will remain in US Chapter 11 bankruptcy protection until
January 8, 2024, following a decision by the US Bankruptcy Court in
New York to extend by 100 days the exclusivity period for the
presentation of a restructuring plan to allow the debtors to
conclude an equity solicitation process.
This is according to an order passed on August 10, 2023, by US
Bankruptcy Court judge Michael E. Wiles in the SAS Group's ongoing
Chapter 11 case (No. 22-10925) after finding that a motion to this
effect was "in the best interests of the debtors, their estates,
their creditors, and all parties in interest". Other documents
before the court state that extending the period during which the
debtors have the exclusive right to file a Chapter 11 plan will
allow them to complete the process of soliciting equity to
facilitate the best Chapter 11 exit plan. Terminating exclusivity
at this time would counter meaningful progress being made.
The previous deadline for the presentation of the restructuring
plan had been November 8, 2023, after already being extended on
April 13, 2023. The court said it received no objection to the SAS
Group's July 31, 2023, motion to extend the exclusivity periods
further. The extension was granted without prejudice to any further
requests for further ones.
The official committee of unsecured creditors supported the motion,
which said it was working closely with the debtors to obtain equity
financing on the most favourable terms. "Thus far, the process has
yielded very promising results. Specifically, the committee
understands that in mid-July (2023), the debtors received multiple
first-round proposals for potential [Chapter 11] exit transactions.
In the weeks since then, the debtors' advisors have worked
tirelessly to develop these competing bids in order to generate the
exact type of competitive dynamic that the committee hoped for at
the outset of the process. The committee looks forward to
continuing to work with the debtors, their advisors, and bidders to
further develop these promising alternatives in advance of the
final bid deadline in mid-September [2023]," it advised.
According to the SAS Group's July 31 motion to extend the deadline,
the debtors, assisted by their advisors Seabury Securities LLC and
Skandinaviska Enskilda Banken AB, "have contacted hundreds of
potential investors, executed non-disclosure agreements (NDAs) with
interested parties, and engaged in ongoing discussions with parties
interested in submitting bids". It added: "This process remains
ongoing – initial indications of interest were submitted on July
17, 2023, and final bids are due on September 18, 2023. The Debtors
are working collaboratively with key stakeholders, including the
creditors' committee and the states, to review and further assess
the initial indications of interest and viability of an exit
transaction."
In addition, the debtors continued to take action for improved
earnings and cost savings, including renegotiating aircraft leases
and other contracts with lessors, suppliers, and vendors.
SAS Group agreed with New York-based private equity firm Apollo
Global Management in August 2022 to raise USD700 million in
financing in two equal-sized tranches to help it complete its
Chapter 11 restructuring process. It opted not to use the second
tranche during the second quarter of 2023 because of a
stronger-than-expected liquidity position.
The SAS Group and its subsidiaries have been in voluntary Chapter
11 bankruptcy protection since July 5, 2022, but are authorised to
continue operating as debtors in possession. The airline had SEK7.8
billion Swedish kronor (USD755 million) in cash on June 30, 2022.
Under the SAS Forward restructuring plan, it needs to raise SEK9.5
billion (USD920 million) in new equity capital and reduce/convert
more than SEK20 billion (USD1.9 billion) of debt into common
equity.
About Scandinavian Airlines
SAS SAB -- https://www.sasgroup.net -- Scandinavia's leading
airline, with main hubs in Copenhagen, Oslo and Stockholm, is
flying to destinations in Europe, USA and Asia. In addition to
flight operations, SAS offers ground handling services, technical
maintenance, and air cargo services. SAS is a founder member of the
Star Alliance, and together with its partner airlines offers a wide
network worldwide.
SAS AB and its subsidiaries, including Scandinavian Airlines
Systems Denmark-Norway-Sweden and Scandinavian Airlines of North
America Inc., sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 22-10925) on July 5,
2022. In the petition filed by Erno Hilden, authorized
representative, SAS AB estimated assets between $10 billion and $50
billion and liabilities between $1 billion and $10 billion.
Judge Michael E. Wiles oversees the cases.
The Debtors tapped Weil, Gotshal & Manges, LLP as global legal
counsel; Mannheimer Swartling Advokatbyra AB as special counsel;
FTI Consulting, Inc. as financial advisor; Ernst & Young AB as tax
advisor; and Seabury Securities, LLC and Skandinaviska Enskilda
Banken AB as investment bankers. Seabury is also serving as
restructuring advisor. Kroll Restructuring Administration, LLC is
the claims agent and administrative advisor.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
The committee is represented by Willkie Farr & Gallagher, LLP.
SCHAFFNER PUBLICATIONS: Subchapter V Plan Confirmed by Judge
------------------------------------------------------------
Judge Mary Ann Whipple of the U.S. Bankruptcy Court for the
Northern District of Ohio has entered an order confirming the
Subchapter V Plan of Schaffner Publications Inc.
Judge Whipple further ordered that:
* as provided for in Section 1194(b) of the Bankruptcy Code,
the Debtor, not the Trustee, shall make payments under the Plan and
according to the terms of the Plan.
* if the Debtor fails to make payments as required under the
Plan, any creditor or party in interest may seek to have this case
converted to a proceeding under Chapter 7 of the United States
Bankruptcy Code, seek dismissal of this case under Section 1112 of
the Bankruptcy Code or seek any other remedy provided by law or in
the Plan.
* until this case is closed, dismissed or converted to another
Chapter of the Bankruptcy Code, or the Debtor is removed as a
debtor-in-possession under Section 1185 of the Bankruptcy Code, the
Debtor shall file quarterly periodic reports detailing
disbursements made pursuant to the Plan no later than the 20th day
after the end of each quarter.
A copy of the Plan Confirmation Order dated August 24, 2023 is
available at https://urlcurt.com/u?l=LwCwbv from PacerMonitor.com
at no charge.
Attorney for Debtor:
Eric R. Neuman, Esq.
Diller & Rice, LLC
124 E Main Street
Van Wert, OH 45891
Phone: 419-238-5025
Email: Eric@drlawllc.com
About Schaffner Publications
Schaffner Publications Inc. is the publisher of a local newspaper,
The Beacon. The Beacon began publishing in February of 1983.
Schaffner Publications sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ohio Case No. 23-30489) on March
27, 2023. In the petition signed by John Schaffner, president, the
Debtor disclosed up to $10 million in assets and up to $500 in
liabilities.
Judge Mary Ann Whipple oversees the case.
Eric Neuman, Esq., at Diller and Rice, LLC, is the Debtor's legal
counsel.
SG-TMGC LLC: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: SG-TMGC, LLC
100 River Bluff Dr., Suite 500
Little Rock, AR 72202
Chapter 11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
District of Delaware
Case No.: 23-11364
Judge: Hon. Laurie Selber Silverstein
Debtor's Counsel: Robert J. Dehney, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 N. Market Street
Wilmington DE 19801
Tel: 302-658-9200
Email: rdehney@morrisnichols.com
- and -
RAYBURN COOPER & DURHAM, P.A.
227 West Trade Street, Suite 1200
Charlotte, North Carolina 28202
Debtor's
Corporate
Counsel: ROSE LAW FIRM, A PROFESSIONAL CORPORATION
120 East Fourth Street
Little Rock, Arkansas, 72201
Estimated Assets: $0 to $50,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Kent Sorrells as chairman.
The Debtor failed to include in the petition a list of its 20
largest unsecured creditors.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/VMN43MI/SG-TMGC_LLC__debke-23-11364__0001.0.pdf?mcid=tGE4TAMA
SHEARER'S FOODS: S&P Upgrades ICR to 'B', Outlook Stable
--------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on U.S.-based
Shearer's Foods LLC to 'B' from 'B-'. S&P also raised the
issue-level ratings on the company's senior secured credit
facilities to 'B+' from 'B', and revised the recovery rating to
'2', indicating its expectations of substantial (70%-90%; rounded
percentage: 70%) recovery in the event of a payment default, from
'3'. The higher recovery rating is underpinned by its revision of
the simulated default emergence gross enterprise value to reflect
the company's expanded business including via organic growth and
recent acquisitions. S&P raised the issue-level ratings on the
company's second-lien debt to 'CCC+' from 'CCC'. The recovery
rating is '6', indicating its expectations of negligible (0%-10%;
rounded percentage: 0%) recovery in the event of a payment
default.
The stable outlook reflects S&P's expectation that Shearer's
operating performance will remain steady because of favorable
snacking trends and it will continue to offset inflation with
pricing actions and productivity initiatives, such that leverage
remains below 7x.
The upgrade reflects Shearer's improved operating performance and
lower debt leverage.
During the nine months ended June 30, 2023, Shearer's Foods LLC
revenues grew 45.5%, reflecting organic growth in the high-teens
percentage from continued growth in demand for its products by its
customers and contribution from the Super-Pufft Snacks Corp.
acquisition completed in July 2022. It also reflects recovery from
prior weak performance, which stemmed from supply chain disruptions
and labor difficulties. S&P Global Ratings-adjusted EBITDA grew by
56.8% during the nine months ended June 30, 2023, compared to the
same prior-year period, resulting in leverage of 5.9x versus
leverage of 7.2x in the prior period. Shearer's has also
successfully offset input cost inflation and higher supply chain
costs with price increases and aggressive cost control initiatives
over the past few quarters.
S&P said, "We expect the macroeconomic environment to remain
volatile but continuing improvement in manufacturing efficiencies,
better capacity utilization, cost management, and working capital
management, will likely drive positive free operating cash flow
(FOCF) and improve credit metrics through fiscal 2024. We forecast
adjusted leverage to improve to about 5.2x by the end of fiscal
2023 and further decline to mid-4x in fiscal 2024 compared with our
previous expectation of about 6x and 5.8x by the end of fiscal 2023
and 2024, respectively (excluding preferred equity). We also expect
FFO to debt to improve to low-teens percentage in fiscal 2024,
despite continued high input costs.
"We no longer view the sponsor-held preferred equity as a debt-like
instrument because there are no required fixed cash interest or
dividend payments (as of March 16, 2022, the paid-in-kind dividend
was removed). Additionally, we believe a significant portion of the
$880 million preferred equity would remain outstanding ,even if its
sponsor redeemed some of the shares through distributions, to act
as loss-bearing capital in a stress scenario while the other debt
is outstanding.
"We expect profitability to continue to improve from favorable
demand trends in the private-label industry, greater operating
leverage, and higher manufacturing efficiencies."
Persistent inflation, particularly in areas such as food and gas,
and consumer household debt levels climbing above pre-pandemic
levels, have triggered a shift in consumer purchasing behavior.
Shearer's should benefit from good demand for salty snacks, still
elevated at-home food consumption (above pre-pandemic levels), and
consumers shifting to private label products amid the current weak
macroeconomic environment. The fragmented private-label industry
has grown, after facing declines during the pandemic when customers
preferred branded products due to better in-stock rates and
consumer preferences.
S&P said, "We forecast sales growth of about 23% in the fourth
quarter of fiscal 2023 and more than 4.5% in fiscal 2024,
reflecting good demand for the company's private-label products and
benefits from higher pricing. The company undertook additional
pricing actions within the Super Pufft business in the second
quarter of fiscal 2023 to continue to cover input costs and labor
inflation. Product mix and customer mix changes, ongoing
operational improvements including automation opportunities, tight
cost control, and higher operating leverage will strengthen
profitability. However, a recurrence of manufacturing disruptions
such a plant fire, equipment breakdown, or plant downtime could
present a risk to our forecast. We expect inflationary pressures
and some supply chain disruptions to continue well into the first
half of fiscal 2024. Nevertheless, we believe timely incremental
pricing actions will protect margins."
The revolver extension provides sufficient liquidity despite higher
interest expense that will depress cash flow generation.
Shearer's extended the maturity of its $125 million asset-based
lending (ABL) facility earlier this month to Sept. 23, 2026, from
September 2024. As of June 30, 2023, the company had about $210
million of liquidity comprising $64 million of cash on hand and
full availability under its $145 million revolver. S&P believes
Shearer's has adequate liquidity to cover its operations for the
next 12 months.
The company also repaid a total of $60 million of its second-lien
term loan in the third quarter of fiscal 2023 ($40 million repaid
in March 2023 and an additional $20 million repaid in April 2023).
S&P said, "Our base-case forecast results in a decline in leverage
from current levels without incorporating any material debt
repayments over the next 12 months. The company's term loans do not
have any hedges, which leaves it exposed to interest rate risk amid
the current higher rate environment. We expect FOCF generation of
about $40 million in fiscal 2023, improving to more than $75
million in fiscal 2024 after incorporating annual cash interest
expense of close to $130 million over the two years."
Event risk remains given the company's financial sponsor ownership
and acquisitive growth strategy.
S&P said, "We believe the company's long-time financial sponsors,
Ontario Teacher's Pension Fund and Wind Point Partners, will likely
continue to seek to exit their investment within the next few
years. Although leverage expectations under our base case could
support a higher rating, we believe event risk remains and leverage
could return above 5x either through future acquisitions as the
company looks to consolidate in its space or shareholder returns
now that its cash flow profile has improved.
"The stable outlook reflects our expectation that Shearer's
operating performance will remain steady because of favorable
snacking trends. We expect it will continue experiencing inflation,
but this will be offset with pricing and productivity initiatives,
such that leverage remains below 7x.
"We could lower our rating on Shearer's if leverage increases above
7x or if we expect substantial free cash flow decline."
This could happen if:
-- Shearer's loses key customers or has several plant closures or
disruptions; or
-- Operating issues (including supply chain, labor, or
inflationary pressures) cause profit and cash flow to significantly
degrade; or
-- The company makes large, debt-funded acquisitions; or
-- Its sponsors pursues large, debt-financed dividends.
While unlikely within the next 12 months, S&P could raise its
ratings if Shearer's continues to improve its profitability and
demonstrates consistently conservative financial policies. This
includes maintaining debt leverage below 5x even with acquisitions
and/or dividends.
SIKES CONCRETE: Jodi Daniel Dubose Named Subchapter V Trustee
-------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Jodi Daniel Dubose, Esq.,
at Stichter, Riedel, Blain & Postler P.A. as Subchapter V trustee
for Sikes Concrete, Inc.
Ms. Dubose will be paid an hourly fee of $350 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Dubose declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jodi Daniel Dubose, Esq.
Stichter, Riedel, Blain & Postler P.A.
41 N. Jefferson Street, Suite 111
Pensacola, FL 32502
Phone: (850) 637-1836
Email: jdubose@srbp.com
About Sikes Concrete
Sikes Concrete Inc. filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Fla. Case No. 23-50122) on Aug.
11, 2023, with as much as $50,000 in assets and $1 million to $10
million in liabilities. Judge Karen K. Specie oversees the case.
Michael Austen Wynn, Esq., at Burg Wynn, P.A. represents the Debtor
as legal counsel.
SIRVA INC: S&P Alters Outlook to Negative, Affirms 'B-' ICR
-----------------------------------------------------------
S&P Global Ratings revised its outlook to negative from stable and
affirmed all ratings on SIRVA, including the 'B-' issuer credit
rating.
The negative outlook reflects S&P's expectation that lower volumes
will reduce its free operating cash flow (FOCF) expectations in the
next year or two.
Volumes are slowing due to high mortgage rates, which could further
reduce EBITDA over the next two years. SIRVA's weak first-half
performance was heavily affected by high mortgage rates, preventing
homeowners from relocating. This dampened SIRVA's North America
home relocation business, its most profitable segment. S&P Global
Ratings-adjusted EBITDA this year is significantly below our
previous expectations, and we now forecast closer to negligible
year-end FOCF and less than 3% FOCF to debt. Still, EBITDA
contributions from the BGRS acquisition in 2022, strength in
international business segments, and the U.S. Department of Defense
contract for military household goods movement may partially offset
performance declines in its U.S. business segments.
S&P said, "We believe SIRVA will maintain sufficient liquidity for
the foreseeable future. The BGRS acquisition strengthened its cash
position. We expect SIRVA to finish 2023 with at least $125 million
in liquidity, including cash on the balance sheet and revolver
availability. It was over $120 million as of June 30, 2022, with
$106 million cash on hand and about $15 million revolver
availability. While FOCF may remain thin for a protracted period,
we believe sufficient cash and revolver availability will carry the
company through performance weakness. The capital structure will
remain sustainable, particularly with no near-term maturities until
the first-lien revolver and senior secured notes come due in 2025.
"The negative outlook reflects our view of thinning debt service
coverage as low U.S. housing relocation volumes pressure EBITDA and
FOCF generation becomes closer to negligible."
SL GREEN: Moody's Lowers CFR to Ba2 & Alters Outlook to Negative
----------------------------------------------------------------
Moody's Investors Service has downgraded the ratings of SL Green
Realty Corp., with a negative outlook. Previously, the ratings were
on review for downgrade. The rating downgrades include the REIT's
senior unsecured shelf rating to (P)Ba2 from (P)Ba1, its
subordinate shelf rating to (P)Ba3 from (P)Ba2, its junior
subordinate shelf rating to (P)Ba3 from (P)Ba2, its preferred stock
rating to B1 from Ba3, its preferred shelf rating to (P)B1 from
(P)Ba3 and its preferred shelf non-cumulative rating to (P)B1 from
(P)Ba3. The ratings downgrades also include SL Green Operating
Partnership, L.P.'s (collectively "SL Green") corporate family
rating to Ba2 from Ba1 as well as its senior unsecured shelf rating
to (P)Ba2 from (P)Ba1, its subordinate shelf rating to (P)Ba3 from
(P)Ba2, and its junior subordinate shelf rating to (P)Ba3 from
(P)Ba2. This concludes the review for downgrade initiated on May
22, 2023.
Downgrades:
Issuer: SL Green Operating Partnership, L.P.
Corporate Family Rating, Downgraded to Ba2 from Ba1
Backed Junior Subordinate Shelf, Downgraded to (P)Ba3 from (P)Ba2
Backed Subordinate Shelf, Downgraded to (P)Ba3 from (P)Ba2
Backed Senior Unsecured Shelf, Downgraded to (P)Ba2 from (P)Ba1
Issuer: SL Green Realty Corp.
Backed Pref. Shelf, Downgraded to (P)B1 from (P)Ba3
Backed Pref. Shelf Non-cumulative, Downgraded to (P)B1 from
(P)Ba3
Backed Junior Subordinate Shelf, Downgraded to (P)Ba3 from (P)Ba2
Backed Subordinate Shelf, Downgraded to (P)Ba3 from (P)Ba2
Backed Senior Unsecured Shelf, Downgraded to (P)Ba2 from (P)Ba1
Pref. Stock, Downgraded to B1 from Ba3
Outlook Actions:
Issuer: SL Green Operating Partnership, L.P.
Outlook, Changed To Negative From Rating Under Review
Issuer: SL Green Realty Corp.
Outlook, Changed To Negative From Rating Under Review
RATINGS RATIONALE
The CFR downgrade to Ba2 reflects SL Green's persistently high
leverage, even considering the partial sale of 245 Park, the
expected equity contribution from its One Madison Avenue joint
venture, and remaining dispositions planned for the balance of the
year. The partial sale of 245 Park contributed approximately $1
billion in proceeds towards management's guidance of $2 billion in
dispositions in 2023. Moody's expects SL Green to defer a portion
of its planned asset sales into 2024, prolonging deleveraging
efforts, amid increasingly difficult financing conditions and lower
investor appetite for commercial real estate.
SL Green's leverage remains very high at 14.2x net debt/EBITDA
(including pro-rata share of unconsolidated joint ventures) for the
TTM ending June 30, 2023. Despite the company's debt reduction
initiatives, Moody's expect leverage to remain very high in the
near-term given the challenging operating environment for office
landlords and the resulting pressures on income and cash flows. In
addition, the REIT's fixed charge coverage remains weak at 1.6x for
the trailing twelve months ended June 30, 2023 amid higher interest
rates, down from historical levels when its coverage ratio had been
steadily above 2.0x.
SL Green's operating performance still outperforms the broader
market by a wide margin with positive same-store net operating
income growth and mark-to-market rents in the face of challenging
operating conditions. This reflects the demand for the REIT's
high-quality, and well-located Manhattan office portfolio. The REIT
also has a manageable lease expiration schedule and diversified
tenant base. Offsetting these strengths are the company's
development and JV focused growth strategy, very high financial
leverage, weak fixed charge coverage, and significant asset and
geographic concentration.
SL Green's SGL-3 Speculative Grade Liquidity rating reflects the
REIT's adequate liquidity. Liquidity is supported by $192 million
of consolidated cash, and $820 million of availability on its $1.25
billion unsecured revolving credit facility as of second-quarter
2023. The company expects to receive $577 million of equity
contribution proceeds from One Madison Avenue in October 2023. SL
Green also maintains a high-quality (albeit shrinking) unencumbered
asset pool that provides alternate liquidity and enhances financial
flexibility. Upcoming debt maturities include $465 million of
non-recourse mortgage debt due in 2023 and $1.46 billion due in
2024, consisting of $834 million in non-recourse mortgage debt and
$625 million in unsecured term loan debt. The REIT will also need
to address non-recourse mortgages maturing in its unconsolidated
joint ventures.
ESG CONSIDERATIONS
Governance risks that Moody's consider in SL Green's credit profile
include the company's aggressive financial policy with persistently
high leverage and secured debt. SL Green's capital structure
includes a significant share of primarily non-recourse property
level mortgage debt that reduces flexibility for future capital
raises. Other considerations include the REIT's development and JV
focused growth strategy which constrains strategic flexibility and
liquidity. SL Green's exposure to highly leveraged JVs is higher
than peers', and will continue to increase as the company shifts to
a primarily asset management model going forward.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects the potential that leverage and
coverage metrics will remain weak for a sustained period of time
given the challenging operating conditions for office properties.
Additionally, weakness in office property valuations and diminished
investor appetite for the office sector could constrain capital
access.
The ratings could be downgraded if SL Green fails to meaningfully
reduce leverage below current levels or fixed charge coverage falls
below 1.5x on a sustained basis, including pro-rata share of joint
ventures. Weakening operating performance, declining occupancy,
difficulties selling assets and refinancing maturing mortgages and
corporate debt at reasonable term, or a deterioration in liquidity
could also precipitate a downgrade.
The ratings are unlikely to be upgraded given the negative outlook.
Any upgrade would require a material reduction in leverage, and a
strengthening of fixed charge coverage above 2.0x. Positive
operating trends including improvement in occupancy and cash
releasing spreads would also be necessary for an upgrade.
SL Green Realty Corp. (NYSE: SLG) is a real estate investment trust
that owns, operates and acquires primarily commercial office
properties in the Manhattan submarket of the New York metropolitan
area. As of June 30, 2023, SL Green held interests in 60 buildings
totaling 33.1 million square feet.
The principal methodology used in these ratings was REITs and Other
Commercial Real Estate Firms published in September 2022.
SOURCEWATER INC: Sept. 26 Plan Confirmation Hearing Set
-------------------------------------------------------
On August 22, 2023, Sourcewater, Inc. filed with the U.S.
Bankruptcy Court for the Southern District of Texas a Plan and
Disclosure Statement.
On August 24, 2023, Judge Jeffrey Norman conditionally approved the
Disclosure Statement and ordered that:
* September 20, 2023, is fixed as the last day for filing and
serving written objections to the plan.
* A ballot summary shall be filed not later than September 25,
2023.
* September 26, 2023, at 9:30 a.m. at the United States
Courthouse, 515 Rusk St., Courtroom 403, Houston, Texas, is the
hearing to consider the confirmation of the plan.
A copy of the order dated August 24, 2023 is available at
https://urlcurt.com/u?l=wilryG from PacerMonitor.com at no charge.
Counsel for Debtor:
Jarrod B. Martin, Esq.
Chamberlain, Hrdlicka, White, Williams & Aughtry, PC
1200 Smith Street, Suite 1400
Houston, TX 77002
Telephone: (713) 356-1280
Facsimile: (713) 658-2553
Email: jarrod.martin@chamberlainlaw.com
About Sourcewater Inc.
Sourcewater, Inc. gathers, analyzes and visualizes surface and
subsurface energy and water activity. The Debtor sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case
No. 23-30960) on March 17, 2023. In the petition signed by Joshua
A. Adler, as chief executive officer, the Debtor disclosed up to $1
million in assets and up to $10 million in liabilities.
Judge Jeffrey P. Norman oversees the case.
Jarrod B. Martin, Esq., at Chamberlain, Hrdlicka, White, Williams,
& Aughtry, P.C., is serving as the Debtor's legal counsel.
SOUTH AMERICAN: Seeks to Continue Deadlines for 2 Weeks
-------------------------------------------------------
South American Beef, Inc. and with the consent of the Official
Committee of Unsecured Creditors and J.P. Morgan Chase, moves this
Court for entry of an order extending the Court's deadlines and
continuing the hearing scheduled pursuant to this Court's Order and
Notice of Deadlines and Hearing on Disclosure Statement and Chapter
11 Plan of Liquidation.
On Aug. 16, 2023, the Court entered its Order and Notice of
Deadlines and Hearing on Disclosure Statement and Chapter 11 Plan
of Liquidation, setting deadlines for service of the Plan and
Disclosure Statement on Aug. 18, 2023; filing a Certificate of
Service by Aug. 21, 2023; filing objections to the Disclosure
Statement and Plan by and submission of ballots by Sept. 14, 2023;
submission and service of exhibits by Sept. 18, 2023; filing a Plan
Ballot Summary by Sept. 20, 2023; and, scheduling a hearing on
approval of the Disclosure Statement and Confirmation of the Plan
for Sept. 21, 2023.
In footnotes in the Court's Order, the Court advised of
deficiencies in the Disclosure Statement and concerns regarding
submission of ballots. In light of the cooperation between the
Debtor, JPMC, and the Committee during the mediation and process of
formulating, drafting, and editing the Plan & Disclosure Statement,
the Debtor is informed, believes, and thereupon asserts that it is
in the best interests of the Debtor, its creditors, and the
Bankruptcy Estate to modify the Disclosure Statement and Plan by
amendment prior to service of process of the requisite Plan,
Disclosure, and Ballot documents.
Due in part to the time necessary for the Debtor, JPMC, and the
Committee to collaborate on such amendments, and continuing to
foster the consensual nature of these documents and proceedings,
the Debtor, with the consent of the Committee and JPMC, requests
the Court enter and order continuing the subject deadlines and
hearing by 2 weeks to give the parties sufficient, additional time
to cooperate and collaborate towards a consensual plan of
liquidation and disclosure statement.
The Debtor, along with the Committee and JPMC, submit that cause
exists to extend the subject deadlines and hearing by 2 weeks.
Further, the Debtor submits that no parties will be prejudiced by
the relief requested.
General Reorganization Counsel for South American Beef, Inc.:
Jeffrey D. Goetz, Esq.
BRADSHAW FOWLER PROCTOR & FAIRGRAVE P.C.
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: (515) 246-5817
Fax: (515) 246-5808
E-mail: goetz.jeffrey@bradshawlaw.com
About South American Beef
South American Beef, Inc. specializes in the purchase, import and
sales of high-quality beef, lamb, goat, mutton, veal, seafood, and
poultry game meats. The company is based in West Des Moines, Iowa.
South American Beef sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 22-01341) on Dec. 13,
2022, with $23,567,773 in assets and $23,993,243 in liabilities.
Alejandra M. Vidal-Soler, president of South American Beef, signed
the petition.
Judge Anita L. Shodeen oversees the case.
Jeffrey D. Goetz, Esq., at Bradshaw, Fowler, Proctor & Fairgrave PC
and Moglia Advisors serve as the Debtor's legal counsel and
financial advisor, respectively.
On Feb. 1, 2023, the U.S. Trustee appointed an official committee
of unsecured creditors in this case. The committee tapped Levenfeld
Pearlstein, LLC and Spencer Fane LLP as its legal counsels and
Dundon Advisers, LLC as its financial advisor.
SOUTH BRONX: S&P Cuts 2013A Tax-Exempt Rev. Bonds Rating to 'BB'
----------------------------------------------------------------
S&P Global Ratings lowered its long-term rating on South Bronx
Charter School for International Cultures & the Arts (SBCSICA)'s
series 2013A tax-exempt revenue bonds to 'BB' from 'BB+'.
At the same time, S&P assigned its 'BB' rating to Build NYC
Resource Corp., N.Y.'s approximately $18.7 million series 2023A,
$16.4 million series 2023B, and $370,000 series 2023C revenue bonds
to be issued for Friends of SBCSICA, Inc. (Friends) on behalf of
SBCSICA. The outlook on all ratings is negative.
"The downgrade reflects our view of SBCSICA's significant increase
in leverage with the series 2023 issuance, resulting in pro forma
debt in excess of $70,000 per student, a pro forma lease-adjusted
maximum annual debt service (MADS) burden in excess of 30%, and
weak pro forma MADS coverage well below 1x," said S&P Global
Ratings credit analyst Jesse Brady.
The 'BB' rating reflects S&P's view of the school's:
-- Very high pro forma MADS burden relative to operating revenue,
with additional debt needs in the medium term;
-- SBCSICA's relatively small size and location in a densely
populated competitive landscape, although this is mitigated
somewhat by a healthy waitlist; and
-- Risk, as with all charter schools, which we view as elevated
compared with other sectors, that that the authorizer could revoke
or not renew SBCSICA's charter (the current charter runs through
June 2027) for nonperformance or financial distress before the
final maturity of the 2023 bonds in 2058.
S&P said, "The negative outlook continues to reflect our view of
the material impact that the current debt issuance and the debt
expected in the coming two-to-three years will have on SBCSICA's
already-highly elevated debt burden. Although specifics regarding
the future debt and overall plan of finance are not yet available,
we believe debt issuance is still imminent, given the site
acquisition being financed with the 2023 bonds. Therefore, we
believe the additional debt, once issued, would further pressure
the rating given the size and scope of SBCSICA's current enterprise
and financial metrics. We will continue to engage with management
about the expansion and overall plan of finance and will update our
analysis as plans become more definitive.
"We could lower the rating if enrollment does not increase in line
with current projections, such that operations do not provide
sufficient pro forma MADS coverage upon reaching the desired K-12
grade configuration. We could also lower the rating if SBCSICA
issues additional debt as planned to construct the proposed high
school, which would result in further weakening of already less
than 1x pro forma MADS coverage as well as extremely high leverage
and debt metrics for the rating. We would also view a materially
weakened liquidity profile negatively.
"Although not likely, given our expectation that additional debt
issuance is imminent, we could revise the outlook to stable should
SBCSICA not issue debt as currently planned, or if the school
received material funds and/or revenue in the near term to mitigate
the impact of the debt such that it maintains current credit
characteristics."
ST. MARGARET'S HEALTH - SPRING: Case Summary & Unsecured Creditors
------------------------------------------------------------------
Debtor: St. Margaret's Health - Spring Valley
f/k/a St. Margaret's Hospitald/b/a St. Margaret's
Health
600 East First Street
Spring Valley, IL 61362
Business Description: The Debtor operates a general medical and
surgical hospital.
Chapter 11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 23-11642
Debtor's Counsel: Howard L. Adelman, Esq.
ADELMAN& GETTLEMAN, LTD.
53 West Jackson Boulevard
Suite 1050
Chicago, IL 60604
Tel: 312-435-1050
Email: hla@ag-ltd.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Timothy A. Muntz as president and CEO.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/KVTS5PI/St_Margarets_Health_-_Spring_Valley__ilnbke-23-11642__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. AmeriSource Bergen $393,086
LaRaejah Lawrence,
Credit & Collections
1001 West Taylor Road
Romeoville, IL 60446
2. AMN Healthcare, Inc. $140,087
Tina Morris, Client
Accounting Assoc.
2999 Olympus Blvd
Suite 500
Coppell, TX 75019
3. Anesthesia $307,000
Associates, Ltd.
Katie Schultz,
Practice Manager
1302 North Main Street
Sandwich, IL 60548
4. Blue Cross Blue $1,000,000
Shield of IL
Christine Pope,
Executive Director
300 East Randolph Street
Chicago, IL 60601
5. Boston Scientific $109,825
Corporation
Angela F. Eke,
Manager,Credit/Collection
500 Commander
Shea Blvd
Quincy, MA 02171
6. Burwood Group, Inc. $94,655
Kari Ponto, Sr. Staff Accountant
20 N.Clark St.
suite 1950
Chicago, IL 60602
7. Dept of Healthcare & $2,500,000
Family Services
Dan Jenkins, Sr.
Public Service Admin.
Bloom Bldg - 2nd floor
201 South Grand
Avenue East
Springfield, IL 62763
8. Fastaff, LLC $87,527
Debbie Carnesi, A/R
Supervisor
5700 S. Quebec St.
suite 300
Greenwood Village,
CO 80111
9. Hudson Specialty Ins. Co. $300,000
Patricia Bradley,
Claims Department
851 Napa Valley
Corporate Way
suite N
Napa, CA 94558
10. J&J Healthcare Systems $187,111
Sharon Madore,
Accounts Receivable
1101 Synthes Avenue
Monument, CO 80132
11. Medical Information $2,204,392
Technology, Inc.
Karen Murphy, Sales Manager
7 Blue Hill River Road
Canton, MA 02021
12. Medical Solutions, LLC $142,008
Katie Peffer, Credit &
Collection Lead
1010 N 102nd St
suite 300
Omaha, NE 68114
13. Medisolv, Inc. $95,496
Nancy Covert,
Accounts Receivable
10960 Grandchester Way
suite 520
Columbia, MD 21044
14. National Government Services, Inc. $480,774
Attn: Cost Report Unit
220 Virginia Avenue
Indianapolis, IN 46204
15. OneStaff Medical, LLC $171,222
Christie Housh,
Lead-Collections
11718 Nicholas St
Suite 101
Omaha, NE 68154
16. OSF St. Francis $127,181
Medical Center
Dave Stenerson, VP
of Finance
530 N.E. Glen Oak Ave
Peoria, IL 61637
17. Quest Diagnostics $147,765
A1299
Robert Khoxayo,
Client Accts. Rec.
506 E State Parkway
Schaumburg, IL
60173
18. Stryker Orthopaedics $1,283,589
Jose Julian Mora,
Accts. Receivable
7 Westport
Suite B
Bloomington, IL
61704
19. Tornier, Inc. $91,187
Natalie Mouakar, Sr.
Accounts Receivable
2825 Airview Blvd
Kalamazoo, MI 49002
20. Unitypoint Health/Peoria $87,203
Tina Porter-Lanan,
Billing
221 NE Glen Oak
Avenue
4 Crescent
Peoria, IL 61636
ST. MARGARET'S HEALTH: Voluntary Chapter 11 Case Summary
--------------------------------------------------------
Debtor: St. Margaret's Health - Peru
FKA lllinois Valley Community Hospital
925 West Street
Peru, IL 61354
Business Description: The Debtor is a provider of healthcare
services in the Illinois Valley.
Chapter 11 Petition Date: August 31, 2023
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 23-11641
Debtor's Counsel: Howard L. Adelman, Esq.
ADELMAN & GETTLEMAN, LTD.
53 West Jackson Boulevard
Suite 1050
Chicago, IL 60604
Tel: 312-435-1050
Email: hla@ag-ltd.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Timothy A. Muntz as president and CEO.
The Debtor failed to include in the petition a list of its 20
largest unsecured creditors.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/4NJXHVA/St_Margarets_Health_-_Peru__ilnbke-23-11641__0001.0.pdf?mcid=tGE4TAMA
STORED SOLAR: Committee and Trustee Propose Plan
------------------------------------------------
The Official Committee of Unsecured Creditors and Chapter 11
Trustee submitted a Disclosure Statement with respect to the
Chapter 11 Plan for Stored Solar Enterprises, Series LLC dated
August 18, 2023.
The Bankruptcy Court's order approving the Stipulation provided
milestones related to the sale of substantially all of the Debtor's
assets (such process, the "Sale Process"). After his appointment,
and in accordance with the terms of the Stipulation, the Chapter 11
Trustee sought emergency approval of revised sale procedures and
authorization to enter into an asset purchase agreement with
Hartree as the "stalking horse bidder." The Bankruptcy Court
approved the Chapter 11 Trustee's emergency motion on November 11,
2022 (the "Bid Procedures Order"). Under the Bid Procedures Order,
the deadline to submit a qualified bid was November 22, 2022 at
5:00 p.m. If the Chapter 11 Trustee received any qualified bids
before this deadline, an auction would be held on November 23,
2022. The Chapter 11 Trustee retained Daniel Zwelling and Bradley
Woods to assist with soliciting and evaluating bids and conducting
an auction.
No qualified bids were received by the bid deadline, and therefore
the auction was cancelled. On November 23, 2022, the Court held a
hearing and approved the Chapter 11 Trustee's proposed sale to
Hartree as the "stalking horse bidder" (the "Sale Order").
In accordance with the Sale Order, the Chapter 11 Trustee closed on
a sale of substantially all of the Debtor's assets to Hartree
Biomass Holdco, LLC, now known as NE Renewable Power LLC (the
"Buyer"), on December 2, 2022. In connection with the sale closing,
the Buyer assumed several executory contracts. The Buyer also
assumed liability for the senior liens on the Assets, including
those liens held by certain mechanics' lienholders and CEI, by
either paying the holder of the senior lien or funding a reserve in
an amount equal to the aggregate value of the senior liens on the
Assets. The Buyer also assumed the executory contract with ISO NE.
Additionally, the Buyer funded the GUC Sale Reserve (in the amount
of $650,000.00) and reserves to wind-down the Debtor's bankruptcy
case (in the aggregate amount of $575,000.00), assumed tax and lien
liabilities related to the purchased assets, and paid all closing
costs. Following this closing, the Chapter 11 Trustee holds the
wind-down reserves and the claims excluded from the sale, and the
Committee holds the GUC Sale Reserve.
Under the Plan, Class Two General Unsecured Claims are impaired.
General Unsecured Claims are all pre-petition claims against the
Debtor that are not Unclassified Claims or Other Priority Claims.
Provided that the holder of an Allowed Class Two Claim has not been
paid, on the Effective Date, holders of Allowed Class Two Claims
will receive a pro rata beneficial interest in the Liquidating
Trust in full and final satisfaction of such Allowed claims.
The Plan provides for the disposition of substantially all the
remaining Assets and the distribution the net proceeds thereof to
holders of Allowed Claims, consistent with the priority provisions
of the Bankruptcy Code. The Plan further provides for the winding
down of the Debtor and its affairs by the Liquidating Trustee. The
Plan also creates a mechanism for the Liquidating Trustee to pursue
causes of action to enable fund additional distributions.
Counsel to the Official Committee of Unsecured Creditors:
Jeremy R. Fischer, Esq.
Kellie W. Fisher
DRUMMOND WOODSUM
84 Marginal Way, Suite 600
Portland, ME 04101-2480
Telephone: (207) 772-1941
E-mail: jfischer@dwmlaw.com
kfisher@dwmlaw.com
Counsel to Anthony J. Manhart, Chapter 11 Trustee:
Anthony J. Manhart, Esq.
Bodie B. Colwell, Esq.
PRETI FLAHERTY LLP
One City Center, PO Box 9546
Portland, ME 04112-9546
Telephone: (207) 791-3000
E-mail: amanhart@preti.com
bcolwell@preti.com
A copy of the Disclosure Statement dated August 18, 2023, is
available at https://tinyurl.ph/CQNKW from PacerMonitor.com.
About Stored Solar Enterprises
Stored Solar Enterprises, Series, LLC owns and operates seven
biomass-fueled, renewable energy generating facilities located in
Maine, Massachusetts and New Hampshire. The plants produce electric
energy, which is transmitted into, and earns payments from, the ISO
New England power grid. Stored Solar has 87 employees.
Stored Solar sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Me. Case No. 22-10191) on Sept. 14,
2022. In the petition signed by its manager, William Harrington,
the Debtor disclosed $50 million to $100 million in assets and $10
million to $50 million in liabilities.
Judge Michael A. Fagone oversees the case.
The Debtor tapped George J. Marcus, Esq., at Marcus Clegg as its
legal counsel and Spinglass Management Group, LLC as its
restructuring advisor.
Anthony J. Manhart, the Chapter 11 trustee appointed in the
Debtor's case, tapped Preti Flaherty, LLP as legal counsel and
Bradley Woods & Co. Ltd. as financial advisor.
SUN VALLEY: James Cross Named Subchapter V Trustee
--------------------------------------------------
The U.S. Trustee for Region 14 appointed James Cross, Esq., at
Cross Law Firm, PLC as Subchapter V trustee for Sun Valley
Recovery, LLC.
Mr. Cross will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Cross declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
James E. Cross, Esq.
Cross Law Firm, PLC
PO Box 45469
Phoenix, AZ 85064
602-412-4422
Email: jcross@crosslawaz.com
About Sun Valley Recovery
Sun Valley Recovery, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Ariz. Case No.
23-05552 on Aug. 15, 2023, with $1 million in both assets and
liabilities. Sean Cooke, manager, signed the petition.
Judge Daniel P. Collins oversees the case.
D. Lamar Hawkins, Esq., at Guidant Law, PLC, represents the Debtor
as legal counsel.
SUNLIGHT PROPERTIES: Selling Las Vegas Property for $440,000
------------------------------------------------------------
Sunlight Properties, LLC asked the U.S. Bankruptcy Court for the
District of Nevada to approve the sale of its real property located
at 6215 Alpine Tree Avenue, Las Vegas.
The buyers, Aberra Chekol and Rebebu Sioume Eshete, offered to
purchase the property for $440,000.
The property will be sold "free and clear" of liens and interests,
with those liens and interests to attach to the sale proceeds.
The sale will permit Sunlight Properties to retire secured claims
against the property and will generate surplus cash for the Chapter
11 estate, according to the company's attorney, David Mincin, Esq.,
at Mincin Law, PLLC.
The hearing on the proposed sale is scheduled for Oct. 4.
About Sunlight Properties
Sunlight Properties, LLC is the fee simple owner of five real
properties in Las Vegas, with a total current value of $2.58
million.
Sunlight Properties sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Nev. Case No. 22-10708) on March 1,
2022, with $2,581,500 in total assets and $1,348,000 in total
liabilities. Val Grigorian, managing member, signed the petition.
Judge August B. Landis oversees the case.
David Mincin, Esq., at Mincin Law, PLLC serves as the Debtor's
bankruptcy counsel.
SVB FINANCIAL GROUP: Wants to Rebuild SVB Capital
-------------------------------------------------
Steven Church and Amelia Pollard of Bloomberg News reports that SVB
Financial Group, the bankrupt former parent of Silicon Valley Bank,
is close to rebuilding a venture capital business it lost when
federal regulators took over during a meltdown and transferred the
bank to First-Citizens Bank & Trust, a lawyer said in court
Tuesday, August 22, 2023.
The business, SVB Capital, is worth about $427 million and is a key
part of SVB Financial's remaining portfolio, according to court
papers. The bankrupt holding company still owns the assets of the
venture capital business, but the nine key employees that managed
those investments now work for First Citizens, according to court
documents.
About SVB Financial Group
SVB Financial Group is a financial services company focusing on the
innovation economy, offering financial products and services to
clients across the United States and in key international markets.
Prior to March 10, 2023, SVB Financial Group owned and operated
Silicon Valley Bank, a state-chartered bank. During the week of
March 6, 2023, Silicon Valley Bank, Santa Clara, CA, experienced a
severe "run-on-the-bank." On the morning of March 10, the
California Department of Financial Protection and Innovation seized
SVB and placed it under the receivership of the Federal Deposit
Insurance Corporation. SVB was the nation's 16th largest bank and
the biggest to fail since the 2008 financial meltdown.
On March 17, 2023, SVB Financial Group sought Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 23-10367). The Debtor had
assets of $19,679,000,000 and liabilities of $3,675,000,000 as of
Dec. 31, 2022.
The Hon. Martin Glenn is the bankruptcy judge.
The Debtor tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Centerview Partners, LLC as investment banker; and Alvarez & Marsal
North America, LLC as restructuring advisor. William Kosturos, a
partner at Alvarez & Marsal, serves as the Debtor's chief
restructuring officer. Kroll Restructuring Administration, LLC, is
the claims and noticing agent and administrative advisor.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Akin Gump Strauss Hauer & Feld, LLP as bankruptcy
counsel; Cole Schotz P.C. as conflict counsel; Lazard Freres & Co.,
LLC as investment banker; and Berkeley Research Group, LLC as
financial advisor.
SVP HOLDINGS: S&P Affirms B- Issuer Credit Rating, Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'B-' issuer credit rating on
Birmingham, Ala.-based veterinary practice management company SVP
Holdings LLC (d.b.a Southern Veterinary Partners) and its 'B-'
issue-level rating on its first-lien debt (including the proposed
incremental add-on) with a recovery rating of '3' and a rounded
recovery estimate of 55% (lowered from its previous estimate of
60%). S&P also affirms the issue-level ratings on the company's
second-lien debt of 'CCC' and recovery rating of '6' (rounded
estimate of 0% remains unchanged).
The stable outlook reflects S&P's expectation that the company will
continue to grow organically primarily through pricing, as well as
through integration of new hospital locations, and continue to
expand EBITDA margins through operational efficiency improvements
such that it reduces leverage to the low 10x range in 2023 and into
the 9x range in 2024 and generates positive free operating cash
flow (FOCF) over the forecast period.
SVP Holdings will continue its aggressive acquisition policy over
the forecast period funded by a mix of new preferred equity and
incremental debt issuances. S&P said, "We expect the company will
continue to pursue acquisitions at a relatively rapid pace. In
2023, we forecast they will complete approximately $250 million in
acquisitions, funded by a $100 million preferred equity issuance
earlier this year and the new incremental term loan issuance of
$150 million. We expect the company will remain active on the
acquisition front, funding acquisitions with a mix of debt and
periodic preferred equity issuances."
S&P said, "Acquisition multiples in the vet hospital space have
seen a decline from their peaks in 2022, given the more difficult
funding environment and a number of peers slowing their expansions,
and we now believe these multiples will settle in the 8x-9x range.
We expect the company will continue their current acquisition
strategy of buying individual hospitals (or in some instances, two
to three hospitals within a local system) that can be easily
integrated on day one into their business model."
The company continues to grow revenue primarily as a result of
acquisition integrations and stable price increases. The company's
revenue grew nearly 60% in 2022 due to price increases in the
high-single-digit range as well as integration of over 40 new
acquired hospitals. S&P said, "We expect revenue to further expand
in 2023 in the high-20% range, once again due to strong pricing
increases and acquisitions. In addition to pricing, the company has
had strong doctor retention and utilization metrics, enabling it to
drive clinical visit growth, despite the headwinds from the
post-pandemic pet adoption boom. SVP has also seen an increase in
revenues in their products segment as their white label pharmacy
system continues to find success in driving pharmaceutical sales in
their clinics. We believe these trends will help drive continued
strong revenue growth for the company over the forecast period."
SVP Holdings' increasing scale and improving operational
efficiencies will help expand margins. The company experienced S&P
Global Ratings-adjusted EBITDA margin expansion in 2022 of nearly
200 basis points (bps) compared to 2021. The expansion of margins
has been the result of improved labor efficiency and cost of goods
management measures as the company grows scale and identifies
purchasing synergies across their hospitals. S&P said, "We forecast
margins will expand further in 2023 with some additional expansion
in 2024, despite continued industry headwinds on the labor cost
side. As a result, with the new incremental add-on, we expect S&P
Global Ratings-adjusted leverage to be in the low-10x range in
2023, further deleveraging to the low- to mid-9x range in 2024 as
total S&P Global Ratings-adjusted EBITDA continues to grow and
revenue expands."
S&P said, "We expect the company to generate positive free cash
flow over the forecast period. SVP generated free cash flow on a
reported basis of approximately $18 million in 2022, and we expect
this will continue to increase in 2023, reaching the $30
million-$40 million range as the company benefits from improved
margins and working capital inflows, partially offset by rising
interest expense. We forecast the free cash flow will fall to the
$10 million-$20 million range in 2024, with the decrease due to an
increase in cash taxes paid, increased interest expense because of
the incremental add-on, and minimal working capital outflows during
the year.
"The stable outlook reflects our expectation that the company will
continue to grow organically primarily through pricing, as well as
through integration of new hospital locations, and continue to
expand EBITDA margins through operational efficiency improvements
such that it reduces leverage to the low-10x range in 2023 and into
the 9x range in 2024 and generates positive free operating cash
flow (FOCF) over the forecast period.
"We could lower the rating if the company experiences operational
issues that result in the inability to generate sustained positive
free cash flow.
"Although unlikely in the next 12 months, we could raise the rating
if the company continues to successfully expand its operations,
resulting in largely stable S&P Global Ratings-adjusted EBITDA
margins, despite macroeconomic headwinds such as labor cost
pressures, FOCF to debt exceeds 3%, and S&P Global Ratings-adjusted
leverage (including the preferred shares) is below 9x on a
sustained basis."
TITAN MECHANICAL: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------------
Debtor: Titan Mechanical Corp
16249 107th Avenue, Suite 1
Orland Park, IL 60467-9009
Business Description: The Debtor is a wholesaler of hardware,
plumbing, heating equipment, and supplies.
Chapter 11 Petition Date: August 30, 2023
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 23-11529
Debtor's Counsel: Paul M. Bach, Esq.
BACH LAW OFFICES
P.O. Box 1285
Northbrook, IL 60065
Email: paul@bachoffices.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by John Netzel as secretary.
A full-text 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/IMKVIBA/Titan_Mechanical_Corp__ilnbke-23-11529__0001.0.pdf?mcid=tGE4TAMA
TYSON FAMILY: Three Unsecured Creditors Appointed to Committee
--------------------------------------------------------------
Judge Pamela McAfee of the U.S. Bankruptcy Court for the Eastern
District of North Carolina ordered the appointment of these
creditors to the official committee of unsecured creditors in Tyson
Family Farms Inc.'s Chapter 11 case:
1. Nutrien Ag Solutions, Inc.
c/o Nancy R. Chase*
P.O. Box 56
Boydton, VA 23917
Email: nancy.chase@nutrien.com
2. Parkway Ag Center
c/o W.B. Carstarphen
P.O. Box 1300
Tarboro, NC 27886
Email: bcarstarphen@parkwayag.com
3. Coastal Agrobusiness, Inc.
c/o Corey Fader
112 Staton Road
Greenville, NC 27834
Email: coreyfader@coastalagro.com
About Tyson Family Farms
Tyson Family Farms, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D.N.C. Case No.
23-01738) on June 23, 2023, with $1 million to $10 million in both
assets and liabilities. Jennifer Bennington has been appointed as
Subchapter V trustee.
Judge Pamela W. Mcafee oversees the case.
The Debtor tapped David J. Haidt, Esq., at Ayers & Haidt, PA as
legal counsel and Pate Horton & Ess P.A. as its accountant.
VIEWRAY INC: Judge Declines DIP Revisions
-----------------------------------------
Hilary Russ of Law360 reports that a Delaware bankruptcy judge on
Monday, August 21, 2023, refused to sign off on a move by cancer
treatment equipment maker ViewRay for final funding of its Chapter
11 bankruptcy, saying that proposals to change "fundamentals" of
debtor-in-possession financing and sale processes were
"extraordinary."
About ViewRay
ViewRay, Inc. designs, manufactures, and markets the MRIdian
MRI-guided Radiation Therapy System. MRIdian is built upon a
proprietary high-definition magnetic resonance imaging system
designed from the ground up to address the unique challenges, and
clinical workflow for advanced radiation oncology. The MRIdian
MRI-guided Radiation Therapy System integrates diagnostic-quality
MR imaging with radiation therapy delivery to enable on-table
adaptive treatments with real-time tissue tracking and automatic
beam gating.
ViewRay, Inc. and its affiliate ViewRay Technologies, Inc. sought
protection under the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 23-10935) on July 16, 2023. In the petition signed by Paul
Zieglerm chief executive officer, the Debtors disclosed $233
million assets and $75 million in liabilities.
The Debtors tapped Cravath, Swane and Moore LLP as special
corporate counsel, Berkeley Research Group, LLC as restructuring
advisor, and B. Riley Securities, Inc. as investment banker.
Stretto, Inc., is the notice, claims, balloting and administrative
agent.
VOYAGEUR ACADEMY: S&P Affirms 'B+' LT Rating on 2011 Revenue Bond
-----------------------------------------------------------------
S&P Global Ratings revised its outlook to stable from positive and
affirmed its 'B+' long-term rating on the Michigan Finance
Authority's series 2011 public school academy limited obligation
revenue bonds, issued for Voyageur Academy.
"The outlook revision incorporates expected spending of available
cash in fiscal years 2024 and 2025 to finance capital improvements,
that will reduce days' cash on hand to a level that we believe is
not comparable with that of higher-rated peers," said S&P Global
Ratings credit analyst Kimberly Barrett, "although the cash
position will remain in compliance with internal policy targets and
sufficient for the current rating."
As of June 30, 2022, bonds outstanding totaled approximately $16.6
million. The rated series 2011 bonds ($660,000) are unconditional
general obligations of the academy secured by 20% of state aid, a
first mortgage lien on the new facility, and a debt service
reserve. The academy restructured most of the 2011 bonds into a
series 2017 (unrated) private placement ($15.9 million
outstanding), which extended the maturity to 2046 from 2041. The
series 2017 bonds, privately held by one bank, are on parity with
the series 2011 bonds and have the same legal provisions and
financial covenants. The school does not plan to issue additional
debt during the outlook period.
S&P said, "We assessed Voyageur's enterprise profile as adequate,
characterized by enrollment that remains near its facility cap
despite some year-to-year fluctuations, a longstanding charter
history, and very strong retention. We assessed Voyageur's
financial profile as highly vulnerable, reflecting limited
liquidity as measured by relatively low projected days cash on
hand, and a debt profile that could become a contingent liquidity
risk in an event of default. Offsetting these weaknesses is the
improved financial operating performance, with modest operating
surpluses realized in each of the past four audited fiscal years.
These credit factors, combined, lead to an anchor of 'b+' and a
final rating of 'B+'.
"The stable outlook reflects our expectation that cash will be
spent down due to a capital project, that enrollment will remain
stable and near full capacity, and that operating performance will
remain at least balanced.
VRC LLC: Case Summary & 16 Unsecured Creditors
----------------------------------------------
Debtor: VRC, LLC
6272 Route 191
Cresco PA 18326
Business Description: The Debtor is engaged in activities related
to real estate.
Chapter 11 Petition Date: August 30, 2023
Court: United States Bankruptcy Court
Middle District of Pennsylvania
Case No.: 23-01954
Judge: Hon. Mark J. Conway
Debtor's Counsel: J. Zac Christman, Esq.
J. ZAC CHRISTMAN, ESQUIRE
556 Main Street, Suite 12
Stroudsburg, PA 18360
Tel: (570) 234-3960
Fax: (570) 234-3975
Email: zac@fisherchristman.com
Total Assets: $2,568,000
Total Liabilities: $1,168,965
The petition was signed by Svetlana Hanover as owner/member.
A full-text copy of the petition containing, among other items, a
list of the Debtor's 16 unsecured creditors is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/5TBJROY/VRC_LLC__pambke-23-01954__0001.0.pdf?mcid=tGE4TAMA
VRS LLC: Jeanette McPherson Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 17 appointed Jeanette McPherson, Esq.,
at Fox Rothschild, LLP, as Subchapter V trustee for VRS LLC.
Ms. McPherson will be paid an hourly fee of $625 for her services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. McPherson declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jeanette McPherson, Esq.
Fox Rothschild, LLP
1980 Festival Plaza Drive, Suite 700
Las Vegas, NV 89135
Phone: (702) 699-5923
Email: TrusteeJMcPherson@FoxRothschild.com
About VRS LLC
VRS, LLC filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Nev. Case No. 23-13412) on August 15,
2023, with as much as $50,000 in assets and $500,001 to $1 million
in liabilities. Judge Natalie M. Cox oversees the case.
Samuel A. Schwartz, Esq., at Schwartz Law, PLLC represents the
Debtor as legal counsel.
WAVECREST ENTERPRISES: Court Rejects Disclosure Statement
---------------------------------------------------------
Judge Julia W. Brand has entered an order that the approval of
Wavecrest Enterprises LLC's Disclosure Statement is denied on the
following grounds:
* The Chapter 11 Plan of Reorganization, as proposed, is not
confirmable on its face, for the following reasons:
(a) The Plan is not fair and equitable as required under 11
U.S.C. section 29(b)(1);
(b) The Plan is not feasible as required under 11 U.S.C.
section 1129(a)(11);
(c) Debtor has no means by which to effectuate the Plan; and
(d) Debtor's liquidation analysis fails to support the cram
down Plan.
* The Disclosure Statement fails to contain adequate
information, as follows:
(a) The Debtor has omitted key components on the timing of its
projections as to the projected rental income;
(b) The Debtor fails to provide any pre-petition financial
information in the Plan;
(c) The Debtor's actual cash flow is contrary to the Debtor's
projections;
(d) The Debtor's projections are deficient in that there is no
information provided that demonstrates the Debtor's ability to
proceed with evicting non-paying tenants or making necessary
repairs to the Property to attract new tenants; and
(e) The Debtor's valuation of the property securing the loans
is not supported by any credible evidence.
The deadline for Secured Creditors, CPB Fund V, LLC and Deutsche
Bank Trust Company Americas, as Trustee for the Registered Holders
of Wells Fargo Commercial Mortgage Securities Inc., Multifamily
Mortgage Pass-Through Certificates, Series 2017-SB38, to make a
Section 1111(b) election is extended to the date that a hearing on
a subsequently filed disclosure statement by the Debtor is
concluded and that results in approval of such disclosure
statement.
Attorneys for Deutsche Bank Trust Company Americas, as Trustee for
the Registered Holders of Wells Fargo Commercial Mortgage
Securities Inc., Multifamily Mortgage Pass-Through Certificates,
Series 2017-SB38:
Anne K. Edwards, Esq.
SMITH, GAMBRELL & RUSSELL, LLP
444 South Flower Street, Suite 1700
Los Angeles, CA 90071
Telephone: (213) 358-7200
Facsimile: (213) 358-7310
E-mail: aedwards@sgrlaw.com
About Wavecrest Enterprises LLC
Wavecrest Enterprises LLC is primarily engaged in renting and
leasing real estate properties.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 23-11438) on March 14,
2023. In the petition signed by Raul Hinojosa, manager, the Debtor
disclosed $6,505,000 in assets and $4,921,659 in liabilities.
Judge Julia W. Brand oversees the case.
Thomas B. Ure, Esq., at Ure Law Firm, represents the Debtor as
legal counsel.
WESTERN GLOBAL: U.S. Trustee Appoints 2 New Committee Members
-------------------------------------------------------------
The U.S. Trustee for Region 3 appointed Lufthansa Tecknik AG and
Aerotech Ops, LLC as new members of the official committee of
unsecured creditors in the Chapter 11 case of Western Global
Airlines Inc.
As of Aug. 29, the members of the committee are:
1. Trans-Caribbean Cargo Corp.
Attn: Luis Soto
1951 NW 68 Ave., Bldg. 706, Suite 228
Miami, FL 33126
Phone: 786-713-3030
Email: lsoto@tccargo.us
2. Unical Aviation, Inc.
Attn: Dustin Vidrine Esq.
15132 W. Camelback Road
Glendale, AZ 85340
Phone: 480-263-2325
Email: dvidrine@mainsailcs.com
3. DBA Distribution Services, Inc.
Attn: Danny Montgomery
683 Atlanta South Pkwy
Atlanta, GA 30349
Phone: 404-915-4689
Email: dmontgomery@dbaco.com
4. Lufthansa Tecknik AG
Attn: Sebastian Schegg
HAM T/TJA, Weg beim Jaeger 193
22335 Hamburg, Germany
Phone: 17138701352
Email: sebastian.tschegg@lht.dlh.de
5. Aerotech Ops, LLC
Attn: Rose Chazulle
10733 NW 123rd St.
Medley, FL 33178
Phone: 305-456-4033
Email: rose.chazulle@atops.aero
About Western Global Airlines
Western Global Airlines, Inc. provides contracted air cargo
transportation services ranging from ACMI (Aircraft, Crew,
Maintenance, and Insurance) to Full Service, on a global scale. WGA
is a high-tech air cargo platform serving customers in e-commerce,
express, freight forwarding, logistics, nonprofit, and governmental
organizations.
The Debtor and affiliates sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-11093) on
August 7, 2023. In the petition signed by James K. Neff, chief
executive officer, the Debtor disclosed up to $500 million in
assets and up to $1 billion in liabilities.
Judge Karen B. Owens oversees the case.
The Debtors tapped Weil, Gotshal & Manges LLP as general bankruptcy
counsel, Richards, Layton & Finger, P.A. as local bankruptcy
counsel, Evercore Group L.L.C. as investment banker, FTI
Consulting, Inc. as provider of interim management and financial
advisory services. and Stretto, Inc. as claims, noticing, and
solicitation agent.
DKB Partners LLC, as DIP Lender and Prepetition Lender, is
represented by Young Conaway Stargatt & Taylor, LLP.
The Ad Hoc Group of DIP Lenders and Certain Creditors are
represented by Paul, Weiss, Rifkind, Wharton & Garrison, LLP and
Landis Rath & Cobb, LLP.
YELLOW CORP: Intends to Bring Teamsters Suit to Bankruptcy Court
----------------------------------------------------------------
Emily Lever of Law360 reports that Yellow Corp.-operated companies
YRC Freight and USF Holland LLC told a Kansas federal judge that,
because Yellow has filed for Chapter 11 bankruptcy protection, its
suit in Kansas alleging the International Brotherhood of Teamsters
sank the company should be transferred to the Delaware Bankruptcy
Court.
About Yellow Corp
Yellow Corporation -- www.myyellow.com -- operates logistics and
less-than-truckload (LTL) networks in North America, providing
customers with regional, national, and international shipping
services throughout. Yellow's principal office is in Nashville,
Tenn., and is the holding company for a portfolio of LTL brands
including Holland, New Penn, Reddaway, and YRC Freight, as well as
the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow Corp had
$2,152,200,000 in total assets against $2,588,800,000 in total
liabilities. The petitions were signed by Matthew A. Doheny as
chief restructuring officer.
Kirkland & Ellis LLP is serving as the Company's restructuring
counsel, Pachulski Stang Ziehl & Jones LLP is serving as the
Company's Delaware local counsel, Kasowitz, Benson and Torres LLP
is serving as special litigation counsel, Goodmans LLP is serving
as the Company's special Canadian counsel, Ducera Partners LLC is
serving as the Company's investment banker, and Alvarez and Marsal
is serving as the Company's financial advisor. Epiq Bankruptcy
Solutions serves as claims and noticing agent.
Milbank LLP, serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
White & Case LLP, serves as counsel to Beal Bank USA.
Arnold & Porter Kaye Scholer LLP, serves as counsel to the United
States Department of the Treasury.
Alter Domus Products Corp., the Administrative Agent to the DIP
Lenders, is represented by Holland & Knight LLP.
YUNHONG CTI: Five Proposals Passed at Annual Meeting
----------------------------------------------------
Yunhong CTI Ltd. convened its Annual Meeting of shareholders on
Aug. 28, 2023, during which the shareholders:
(1) elected Yubao Li, Frank Cesario, Douglas Bosley, Gerald
(J.D.) Roberts, Jr., and Philip Wong as directors;
(2) approved, on an advisory basis, executive compensation;
(3) authorized an amendment to the Company's articles of
incorporation to increase the number of authorized shares of common
stock from 50 million shares to two billion shares;
(4) authorized an amendment to the Company's articles of
incorporation to change the name of the company to "Yunhong Green
CTI Ltd"; and
(5) ratified the appointment of BF Borgers CPA, PC as auditors
of the Company for the fiscal year ending Dec. 31, 2023.
About Yunhong CTI
Lake Barrington, Illinois-based Yunhong CTI Ltd. --
www.ctiindustries.com -- develops, produces, distributes and sells
a number of consumer products throughout the United States and in
over 30 other countries, and it produces film products for
commercial and industrial uses in the United States. Many of the
Company's products utilize flexible films and, for a number of
years, it has been a leading developer of innovative products which
employ flexible films including novelty balloons, pouches and films
for commercial packaging applications.
Yunhong CTI reported a net loss of $1.47 million for the 12 months
ended Dec. 31, 2022, compared to a net loss of $7.55 million for
the 12 months ended Dec. 31, 2021. As of Dec. 31, 2022, the Company
had $15.28 million in total assets, $12.54 million in total
liabilities, and $2.75 million in total stockholders' equity.
Lakewood, CO-based BF Borgers CPA PC, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
April 12, 2023, citing that the Company's significant operating
losses raise substantial doubt about its ability to continue as a
going concern.
[^] BOOK REVIEW: The Luckiest Guy in the World
----------------------------------------------
Author: Boone Pickens
Publisher: Beard Books
Paperback: US$34.95
Review by Gail Owens Hoelscher
Buy a copy for yourself and one for a colleague on-line at:
http://www.beardbooks.com/beardbooks/the_luckiest_guy_in_the_world.html
"This is the story of a man who turned a $2,500 investment into
America's largest independent oil company in thirty years and along
the way discovered that something is terribly wrong with corporate
America. Mesa Petroleum is the company, and I'm the man." Thus
begins the autobiography of Boone Pickens, who prefers to be
referred to without his first initial, "T."
Mr. Pickens' autobiography was originally published in 1987, at the
end of the rollercoaster years when he was one of the most famous
(or infamous, depending on your point of view) and most-feared
corporate raiders during a decade known for corporate raiding. For
the 2000 Beard Books edition, Pickens wrote an additional five
chapters about the subsequent, equally tumultuous, 13 years, during
which time he suffered corporate raiders of his own, recapitalized,
and retired, only to see his beloved company merge with Pioneer.
One of his few laments is being remembered mainly for the
high-profile years, rather than for the company he built from
virtually nothing.
Of the takeover attempts, he says:
"I saw undervalued assets in the public marketplace. My game plan
with Gul, Phillips, and Unocal wasn't to take on Big Oil. Hell,
that wasn't my role. My role was to make money for the stockholders
of Mesa. I just saw that Big Oil's management had done a lousy job
for their stockholders."
He would prefer to be known as a champion of the shareholder rights
movement, which prompted big corporations to become more responsive
to the needs and demands of their stockholders. He founded the
United Shareholders Association, a group that successfully lobbied
for changes in corporate governance. In a memorable interview in
the May/June 1986 Harvard Business Review, Pickens said, "Chief
executives, who themselves own few shares of their companies, have
no more feeling for the average stockholder than they do for
baboons in Africa."
Boone Pickens was born in 1928 in Holdenville, Oklahoma. His
grandfather was Methodist missionary to the Indians there; his
father was a lawyer and small player in the oil business. People in
Holdenville worked hard and used such expressions as "Root hog or
die," meaning "Get in and compete or fail."
The family later moved to Amarillo, Texas, where Pickens went to
Texas A&M for one year, but graduated from Oklahoma State
University in 1951 with a degree in geology. He worked at Phillips
Petroleum for three years, and then, despite growing family
obligations, struck out on his own. His wife's uncle told him,
"Boone, you don't have a chance. You don't know anything."
This book is a wonderful read. Pickens pulls no punches, and is as
hard on himself as anyone else. He talks about proxy fights,
Texas-Oklahoma football games, his three marriages, poker, takeover
strategies, and unfair duck hunting practices, all in the same easy
tone. You feel like he's sitting right there in the room with
you.
Pickens ends the introduction to this story with this:
"How I got from a little town in Eastern Oklahoma to the towers of
Wall Street is an exciting, unlikely, sometimes painful story. And,
if you're young and restless, I'm hoping you'll make a journey
similar to mine."
Root hog or die!
Thomas Boone Pickens Jr. -- https://boonepickens.com/ -- was an
American business magnate and financier. Among his lengthy
accolades, Time magazine has identified him one of it 100 most
influential people, Financial World named him CEO of the Decade in
1989 and Oil and Gas Investor identified him as one of the "100
Most Influential People of the Petroleum Century." He was born in
May 1928. He died September 11, 2019.
*********
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
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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
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Each Friday's edition of the TCR includes a review about a book of
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Monthly Operating Reports are summarized in every Saturday edition
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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., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2023. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
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*** End of Transmission ***