/raid1/www/Hosts/bankrupt/TCR

/raid1/www/Hosts/bankrupt/TCR_Public/230926.mbx T R O U B L E D C O M P A N Y R E P O R T E R Tuesday, September 26, 2023, Vol. 27, No. 268 Headlines 1350 GREENVIEW: Seeks to Hire Kelley Fulton as Legal Counsel 136 SPENCER: Seeks to Hire Murphy & King as Bankruptcy Counsel 9301 CHEROKEE: Case Summary & Seven Unsecured Creditors AAA TREE SERVICE: Seeks to Sell Vehicles to Imperial Trade Links ABC INFANT: Gets OK to Hire Compass as Real Estate Agent AEROCISION PARENT: Sept. 29 Deadline Set for Panel Questionnaires AGELESS SERUMS: Updates Priority Unsecured Claims; Amends Plan ALEXANDER DEMOLITION: John-Patrick Fritz Named Subchapter V Trustee AMERICAN PHYSICIAN: Creditors to Get Proceeds From Liquidation AMERICAN PHYSICIAN: Sept. 26 Deadline Set for Panel Questionnaires AN GLOBAL: Hires Guggenheim Securities as Investment Banker AN GLOBAL: Hires James S. Feltman of Teneo Capital as CRO ANCHOR GLASS: $63.8MM Bank Debt Trades at 59% Discount ANCHOR GLASS: $672MM Bank Debt Trades at 17% Discount APACHE CORP: S&P Affirms 'BB+' ICR, Outlook Positive APPLIED DNA: All Three Proposals Passed at Annual Meeting AR&K HOME: Hires Berger Fischoff Wexler Shumer as Counsel ASP CHROMAFLO: $235MM Bank Debt Trades at 20% Discount ASPIRA WOMEN: Phan Transitions to Consultant Role AVINGER INC: Hikes Offering Amount Under H.C. Wainwright Deal AYALA PHARMACEUTICALS: IBF Discloses 35% Equity Stake BAUSCH HEALTH: Unit Looking to Raise $1.9BB for XIIDRA Acquisition BIOTRICITY INC: Signs $2 Million Stock Purchase Agreement BLUE STAR: Lind Global Fund II, Two Others Report 9.9% Stake BRIGHT HEALTH: Agrees With COO to Terminate Employment BUCKHEAD PROPERTY: Hires Howington as Real Estate Broker CACTUSRV.COM LLC: Christopher Simpson Named Subchapter V Trustee CAMP DOG: Hires Law Office of Corey B. Beck PC as Counsel CLEAN ENERGY TECHNOLOGIES: Closes $556,000 Convertible Note Deal CLEAR BLUE: Hires Smeberg Law Firm PLLC as Counsel COMPLIANCE TESTING: Joseph Cotterman Named Subchapter V Trustee CORE CONSTRUCTION: Amy Denton Mayer Named Subchapter V Trustee COTY INC: Completes Private Offering of EUR500-Mil. Notes CUPPETT PERFORMING: Case Summary & 20 Largest Unsecured Creditors DESERT VALLEY: Seeks to Hire Picker and Associates as Accountant DIGITAL MEDIA: Appoints Elizabeth LaPuma as Director ELEVATE TEXTILES: $250MM Bank Debt Trades at 18% Discount ESCO LTD: Amends Plan; Confirmation Hearing Nov. 15 FORWARD AIR: S&P Rates New $925MM Senior Secured Notes 'BB-' GELESIS HOLDINGS: Issues Additional $1.5M Note to PureTech GIBSON BRANDS: $300MM Bank Debt Trades at 16% Discount GLOBAL FOOD: EUR245MM Bank Debt Trades at 18% Discount GRUPO HIMA: Seeks to Hire Hilco Real Estate as Real Estate Broker HEART HEATING: Hires JP Ward Appraisals as Vehicle Appraiser HELIUS MEDICAL: Andreeff Entities Report 10.5% Equity Stake HERTZ CORP: President and COO Stone Steps Down HORIZON FABRICATION: Mark Politan Named Subchapter V Trustee HOUGHTON MIFFLIN: $390MM Bank Debt Trades at 19% Discount HOUSEWORX INVESTMENTS: Kevin O'Rourke Named Subchapter V Trustee IBIO INC: Unit Inks Sixth Amendment to Woodforest Credit Agreement IBIO INC: Unit Signs $17.25M Property Purchase Deal With Majestic INDUSTRIAL AUTHORITY: Hires Kaplan Johnson Abate as Counsel IRONNET INC: Delays Form 10-Q Filing; Warns of Possible Bankruptcy IXS HOLDINGS: $600MM Bank Debt Trades at 17% Discount JEWEL STONE: Kathleen DiSanto Named Subchapter V Trustee JOHNSON SCOTT: Hires eXp Realty LLC as Real Estate Broker KENT SEITZ: Unsecureds to Get Share of Income for 5 Years L & L CONSTRUCTION: Seeks to Hire Bruner Wright as Legal Counsel LEGACY CARES: Seeks to Hire Keith Bierman of MCA Financial as CRO LHS BORROWER: S&P Downgrades ICR to 'B-', Outlook Stable LUCAS MACYSZYN: Kathleen DiSanto Named Subchapter V Trustee LUCIRA HEALTH: Fine-Tunes Plan of Liquidation MAD SCIENCE: Hires Lane Law Firm PLLC as Counsel MALLINCKRODT PLC: Oct. 2 Hearing in Irish Examinership Petition MATREIYA TRANS: Contribution & Continued Operations to Fund Plan MESA AIR: Lenders Expand Revolving Credit Line to $50.7MM MINESEN COMPANY: Hires Crowell & Moring LLP as Special Counsel MISSISSIPPI ORTHOPAEDIC: Craig Geno Named Subchapter V Trustee NEP GROUP: $240MM Bank Debt Trades at 19% Discount NORWICH ROMAN: Committee Hires Karp as Special Counsel NSM TOP: Moody's Lowers CFR to B3 & Alters Outlook to Stable OBRA CAPITAL: S&P Lowers ICR to 'CCC' on Deteriorating Liquidity OMNIQ CORP: Machine Vision Tech Purchased for El Salvador Airport ONORATI CONSTRUCTION: Unsecureds to Split $48K over 60 Months OPYS HOLDINGS: Seeks to Hire Rubin & Levin as Bankruptcy Counsel OPYS HOLDINGS: Taps Management Accounting Services as Accountant PATHWAY VET: S&P Affirms 'B-' Issuer Credit Rating, Outlook Neg. PERFORMANCE RESULTS: Hires Strip Hoppers Leithart as Counsel PROSPERITAS LEADERSHIP: Unsecureds to Get $4,500 in Consensual Plan PYXUS INTERNATIONAL: Appoints 2 New Independent Officers QAD REALTY: Hires Kristin N. Moro as Real Estate Attorney QUICK DRY CARPET: Seeks to Hire Hayward PLLC as Counsel RA CUSTOM DESIGN: Hires Jones & Walden LLC as Legal Counsel RNB MERCHANDISE: Seeks to Hire Pohl PA as Bankruptcy Counsel SAN MARINO CAFE: Gregory Jones Named Subchapter V Trustee SIGYN THERAPEUTICS: Extends Maturity of $2.2M Notes to August 2024 SOUTH AMERICAN BEEF: Sells Properties to Stella Foods for $14,000 SPECTRUM GROUP: Moody's Cuts CFR to B2 & Alters Outlook to Negative SPEED TRANS: Hires Neeleman Law Group as Bankruptcy Counsel ST. MARGARET'S HEALTH: Taps Epiq as Claims and Noticing Agent STARNET LLC: Seeks to Hire Eric A. Liepins P.C. as Legal Counsel STJ ORTHOTIC: Hires Berger Fischoff Shumer as Counsel SUNPOWER CORP: Heang Steps Down from Company Roles SUPERTRANSPORT LLC: Robbin Messerli Named Subchapter V Trustee SUSTAITA ENTERPRISES: Hires Lane Gorman as Financial Advisor TC WARNER: Case Summary & One Unsecured Creditor TEXAS TAXI: Gets OK to Hire Hillstrom Kerr & Company as Accountant TORRID LLC: $350MM Bank Debt Trades at 17% Discount TPT GLOBAL: Completes Deal to Acquire 60% of Tekmovil TX LAND BUYER: Seeks to Hire Heidi McLeod Law as Legal Counsel UBER TECHNOLOGIES: S&P Upgrades ICR to 'BB-' on Maturing Business UNITED GUNITE: Case Summary & 10 Unsecured Creditors UNITED SAFETY: Unsecureds to Get Share of Income for 3 Years US RENAL CARE: $1.25BB Bank Debt Trades at 35% Discount VARDAN LLC: Linda Gore Named Subchapter V Trustee VARDAN LLC: Seeks to Hire Heard Ary & Dauro as Legal Counsel VIRGIN PULSE: $185MM Bank Debt Trades at 16% Discount WAYFORTH LLC: Seeks to Hire Kutak Rock as Bankruptcy Counsel WHEEL PROS: $1.18BB Bank Debt Trades at 29% Discount WOOF HOLDINGS: $750MM Bank Debt Trades at 19% Discount YELLOW CORPORATION: Hires Kasowitz Benson Torreas Special Counsel ZAYO GROUP: $750MM Bank Debt Trades at 18% Discount [*] Andrew Yearley Joins Rothschild & Co's Restructuring Practice [^] Large Companies with Insolvent Balance Sheet ********* 1350 GREENVIEW: Seeks to Hire Kelley Fulton as Legal Counsel ------------------------------------------------------------ 1350 Greenview Shores, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Florida to employ Kelley Fulton Kaplan & Eller, P.L. as legal counsel. The firm's services include: (a) giving advice to the Debtor with respect to its powers and duties as a Debtor in possession and the continued management of its business operations; (b) advising the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements and with the rules of the court; (c) preparing motions, pleadings, orders, applications, adversary proceedings, and other legal documents necessary in the administration of the case; (d) protecting the interest of the Debtor in all matters pending before the court; and (e) representing the Debtor in negotiation with its creditors in the preparation of a plan. The firm will be paid $475 per hour for attorney fees and $155 per hour for paralegal fees, and a retainer of $20,000. The firm will also receive reimbursement for its out-of-pocket expenses. Craig Kelley, Esq., a partner at Kelley Fulton Kaplan & Eller, P.L., disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Craig I. Kelley, Esq. KELLEY FULTON KAPLAN & ELLER, P.L. 1665 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, FL 33401 Tel: (561) 491-1200 Fax: (561) 684-3773 Email: bankruptcy@kelleylawoffice.com About 5200 Sample Road 5200 Sample Road, LLC sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 23-13723) on May 12, 2023, with $50,001 to $100,000 in assets and as much as $50,000 in liabilities. Judge Mindy A. Mora presides over the case. Craig I. Kelley, Esq., at Kelley Fulton Kaplan & Eller, P.L. and The Law Firm of Moffa Sutton & Donnini, P.A. serve as the Debtor's bankruptcy counsel and special counsel, respectively. 136 SPENCER: Seeks to Hire Murphy & King as Bankruptcy Counsel -------------------------------------------------------------- 136 Spencer LLC seeks approval from the approval from the U.S. Bankruptcy Court for the District of Massachusetts to hire employ Murphy & King, Professional Corporation as counsel. The firm's services include: a. advising the Debtor with respect to its rights, powers and duties as debtor-in-possession in the continued operation of its businesses and management of its assets; b. advising the Debtor with respect to any plan of reorganization and any other matters relevant to the formulation and negotiation of a plan or plans of reorganization in the case; c. representing the Debtor at all hearings and matters pertaining to its affairs as debtor and debtor-in-possession; d. preparing, on the Debtor's behalf, all necessary and appropriate applications, motions, answers, orders, reports, and other pleadings and other documents, and review all financial and other reports filed in this Chapter 11 case; e. advising the Debtor with respect to, and assisting in the negotiation and documentation of, financing agreements, debt and related transactions; f. reviewing and analyzing the nature and validity of any liens asserted against the Debtor's property and advising the Debtor concerning the enforceability of such liens; g. advising the Debtor regarding its ability to initiate actions to collect and recover property for the benefit of the estate; h. advising and assisting the Debtor in connection with the potential sale of the Debtor's assets; i. advising the Debtor concerning executory contract and unexpired lease assumptions, lease assignments, rejections, restructurings and recharacterization of contracts and leases; j. reviewing and analyzing the claims of the Debtor's creditors, the treatment of such claims and the preparation, filing or prosecution of any objections to claims; k. commencing and conducting any and all litigation necessary or appropriate to assert rights held by the Debtor, protect assets of the Debtor's Chapter 11 estate or otherwise further the goal of completing the Debtor's successful reorganization other than with respect to matters to which the Debtor retains special counsel; and l. performing all other legal services and providing all other necessary legal advice to the Debtor as debtor-in-possession which may be necessary in the Debtor's bankruptcy proceeding. The firm will be paid based upon its normal and usual hourly billing rates. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. D. Ethan Jeffery, Esq., a partner at Murphy & King, Professional Corporation, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: D. Ethan Jeffery, Esq. MURPHY & KING, PROFESSIONAL CORPORATION One Beacon Street 21st Floor Boston, MA 02108 Tel: (617) 226-3414 Fax: (617) 305-0614 Email: ejeffery@murphyking.com About 136 Spencer LLC 136 Spencer LLC sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 23-40684) on August 23, 2023, listing $500,001 to $1 million in both assets and liabilities. D. Ethan Jeffery, Esq. at Murphy & King, Professional Corporation represents the Debtor as counsel. 9301 CHEROKEE: Case Summary & Seven Unsecured Creditors ------------------------------------------------------- Debtor: 9301 Cherokee Lane, LLC 9301 Cherokee Ln. Beverly Hills CA 90210 Business Description: 9301 Cherokee is a Single Asset Real Estate debtor (as defined in 11 U.S.C. Section 101(51B)). Chapter 11 Petition Date: September 25, 2023 Court: United States Bankruptcy Court Central District of California Case No.: 23-16232 Debtor's Counsel: Alexandre Ian Cornelius, Esq. CORNELIUS & KASENDORF, APC 2308 Calabasas Rd, Suite 100 Calabasas CA 91302 Tel: (818) 835-9159 Fax: (818) 396-3160 Email: cornelius@thecalaw.com Estimated Assets: $10 million to $50 million Estimated Liabilities: $10 million to $50 million The petition was signed by Cody Holmes as authorized signatory. A full-text copy of the petition is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/FPXIX2Q/9301_Cherokee_Lane_LLC_a_Delaware__cacbke-23-16232__0001.0.pdf?mcid=tGE4TAMA List of Debtor's Seven Unsecured Creditors: Entity Nature of Claim Claim Amount 1. BMO Harris Bank N.A. Guaranty Unknown 111 W. Monroe Street FL 4E Chicago, IL 60603 Jason Curry (602) 229-5262 One Renaissance Square Two North Central Avenue, Suite 600 Phoenix, AZ 85004-2322 Email: jason.curry@quarles.com 2. Leeger Architecture Professional $45,594 P.O. Box 2310 Service Del Mar, CA 92014 3. The Island Pool Service Trade Debt $200 14276 Berg St. Sylmar, CA 91342 4. Jose Garza Trade Debt $4,000 1238 Aldenville Ave. Covina, CA 91722 5. World Mechanical Inc. Trade Debt $75,000 660 S. Figueroa St., #1888 Los Angeles, CA 90017 6. LADWP Trade Debt $16,439 P.O. Box 30808 Los Angeles, CA 90030-080 7. SoCalGas Trade Debt $1,206 P.O. Box C Monterey Park, CA 91756-5111 AAA TREE SERVICE: Seeks to Sell Vehicles to Imperial Trade Links ---------------------------------------------------------------- AAA Tree Service, LLC asked the U.S. Bankruptcy Court for the Central District of California to approve the sale of three Ford trucks to Imperial Trade Links, Inc. Imperial offered to pay $132,600 in cash for the vehicles, which will satisfy in full Balboa Capital's secured claim of $102,999.99 against AAA Tree Service and will net approximately $29,600 for the estate. The sale is not subject to overbid, according to AAA Tree Service's attorney, Robert Goe, Esq., at Goe Forsythe & Hodges, LLP. "The sale is an arms-length transaction at fair market value of unneeded equipment, which allows [AAA Tree Service] to generate funds for its reorganization," Mr. Goe said in a motion filed in court. About AAA Tree Service AAA Tree Service, LLC provides tree removals and trimming services in Winchester, Calif. AAA Tree Service sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 23-12229) on May 25, 2023. In the petition signed by CEO Stacy Manqueros, the Debtor disclosed up to $50 million in assets and up to $10 million in liabilities. Judge Magdalena Reyes Bordeaux oversees the case. Robert P. Goe, Esq., at Goe Forsythe and Hodges, LLP, represents the Debtor as legal counsel. ABC INFANT: Gets OK to Hire Compass as Real Estate Agent -------------------------------------------------------- ABC Infant Milk, Inc. received approval from the U.S. Bankruptcy Court for the Northern District of California to employ Moya Robinson of the firm Compass as its real estate agent. The Debtor will require the services of Ms. Robinson to sell real property located at 7026 Devon Way, Oakland, CA 94603 during the Chapter 11 case. The agent shall receive 4.5 percent of the final sales price of which 2 percent shall be retained and 2.5 percent shall be paid to the broker of the property buyer. As disclosed in court filings, Compass is a "disinterested person" pursuant to Section 101(14) of the Bankruptcy Code. The agent can be reached through: Moya Robinson Compass 891 Beach Street San Francisco CA 94109 Mobile: (415) 635-6512 Email: moya.robinson@compass.com About ABC Infant Milk ABC Infant Milk, Inc., a company in Byron, Calif., filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Calif. Case No. 23-40528) on May 8, 2023. In the petition signed by its chief executive officer and shareholder, Peter Choy, the Debtor disclosed $1 million to $10 million in assets and $500,000 to $1 million in liabilities. Judge William J. Lafferty oversees the case. E. Vincent Wood, Esq., at The Law Offices of E. Vincent Wood is the Debtor's counsel. AEROCISION PARENT: Sept. 29 Deadline Set for Panel Questionnaires ----------------------------------------------------------------- The United States Trustee is soliciting members for committee of unsecured creditors in the bankruptcy case of AeroCision Parent, LLC., et al. If a party wishes to be considered for membership on any official committee that is appointed, it must complete a questionnaire available at https://tinyurl.com/yzva65sk and return by email it to Jane M. Leamy -- Jane.M.Leamy@usdoj.gov -- and Richard Schepacarter -- Richard.Schepacarter@usdoj.gov -- at the Office of the United States Trustee so that it is received no later than 4:00 p.m., on Sept. 29, 2023. If the U.S. Trustee receives sufficient creditor interest in the solicitation, it may schedule a meeting or telephone conference for the purpose of forming a committee. About AeroCision Parent AeroCision Parent, LLC and affiliates are are part of an organization known as Bromford Group, a global manufacturing business in the aerospace, defense, and power generation industry that was founded in the United Kingdom in 1973. Bromford supplies turbine engine and related components to all major OEM's, including many of the industry's most prominent manufacturers, like General Electric Aviation, Pratt & Whitney, and Rolls Royce, among others. The manufacturers use Bromford's components to manufacture engines for aircraft and other vehicles. AeroCision Parent and its affiliates sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-11032) on July 31, 2023. In the petition signed by David Nolletti, chief restructuring officer, the Debtor disclosed up to $500 million in both assets and liabilities. Judge Karen B. Owens oversees the case. Young Conaway Stargatt & Taylor, LLP represents the Debtors as legal counsel, Riveron Consulting, LLC as restructuring advisor, Jefferies LLC as investment banker, and Epiq Corporate Restructuring, LLC as notice, claims, solicitation and balloting agent and administrative advisor. AGELESS SERUMS: Updates Priority Unsecured Claims; Amends Plan -------------------------------------------------------------- Ageless Serums LLC filed with the U.S. Bankruptcy Court for the Southern District of Texas a Third Amended Subchapter V Plan of Reorganization dated September 19, 2023. Under this Plan, the Reorganized Debtor will continue to operate the Debtor's business as a going concern designing, developing, and selling Ageless-branded serums to non-HF Users for use with hydrodermabrasion systems. Rene Chlumecky will continue to serve as the Reorganized Debtor's sole manager and Chief Executive Officer and will manage the Reorganized Debtor's affairs after confirmation of this Plan. The Plan provides for the payment in full of all Allowed Claims, including all Allowed Administrative Expense Claims, Professional Fee Claims, Priority Tax Claims, Priority Unsecured Claims, the Fox Rothschild Claim, the Edge Claims, the Brackeen Claim, and the FedEx Claim. Distributions to Holders of Disputed Claims will be reserved until such Claims are Allowed or Disallowed by the Bankruptcy Court. For the avoidance of doubt, the Edge Claims will not be Disputed Claims. The Debtor maintains a cash balance defined benefit Pension Plan for the benefit of its employees. Under applicable law, the Debtor is required to make annual minimum contributions to the Pension Plan to ensure that the plan does not become underfunded. Historically, the required minimum annual contribution has ranged from approximately $200,000 to $400,000. The required minimum annual contribution for a given calendar year is generally paid in the following year. Thus, the Debtor's required minimum contribution for the calendar year 2022 must be paid in 2023. The Debtor's minimum required contribution for 2022 is $376,840, which must be paid on or before September 15, 2023. However, the Debtor is unable to amend the Pension Plan to reduce or eliminate benefits that have already accrued. As a result, the amendment to the Pension Plan does not eliminate the Debtor's obligation to make the required annual minimum contribution for the year 2022 in the amount of $376,840, which was required to be paid on or before September 15, 2023 and is thus reflected in the Projections. The Court authorized the Debtor to make this payment by order dated September 6, 2023. Class 1 consists of all Priority Unsecured Claims. The Debtor believes that all Priority Unsecured Claims have been paid in full in the ordinary course of business pursuant to the Court's Order Authorizing the Debtor to Pay Prepetition Sales Taxes. Each Holder of an Allowed Priority Unsecured Claim shall receive, in full and complete satisfaction, settlement, discharge, and release of, and in exchange for, its Allowed Priority Unsecured Claim: (i) payment in full, in Cash, on the later of the Effective Date and the date on which such Priority Unsecured Claim becomes Allowed; (ii) payment in the ordinary course of business between the Debtor or the Reorganized Debtor, as applicable, and the Holder of such Allowed Priority Unsecured Claim; or (iii) such other treatment as the Debtor or Reorganized Debtor, as applicable and the Holder of such Allowed Priority Unsecured Claim may agree. Like in the prior iteration of the Plan, the holder of Class 6 General Unsecured Claims shall receive, in full and complete satisfaction, settlement, discharge, and release of, and in exchange for, its Allowed Claim: (i) payment in full, in Cash, on the later of the Effective Date and the date on which such Claim becomes Allowed; (ii) payment in the ordinary course of business between the Debtor or the Reorganized Debtor, as applicable, and the Holder of such Claim; or (iii) such other treatment as the Debtor or Reorganized Debtor, as applicable and the Holder of such Claim may agree. The Reorganized Debtor will continue to operate with the primary purpose of conducting its business of designing, developing, and selling high-quality serums for use with hydrodermabrasion systems. Rene Chlumecky will continue to serve as the Debtor's Sole Manager and Chief Executive Officer. Distributions required under this Plan will be funded by Cash on hand and Disposable Income generated by the Reorganized Debtor after the Effective Date. A full-text copy of the Third Amended Subchapter V Plan dated September 19, 2023 is available at https://urlcurt.com/u?l=7Sv4j3 from PacerMonitor.com at no charge. Debtor's Counsel: John D. Gaither, Esq. Neligan LLP 325 N. St. Paul, Suite 3600 Dallas, TX 75201 Telephone: (214) 840-5300 Email: jgaither@neliganlaw.com James E. Doroshow, Esq. Fox Rothschild LLP 1800 Century Park E Ste 300 Los Angeles, CA 90067-1506 Phone: 310-598-4150 Fax: 310-556-9828 Email: jdoroshow@foxrothschild.com About Ageless Serums Ageless Serums, LLC, filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No. 22-31259) on May 5, 2022, with up to $100,000 in assets and up to $1 million in liabilities. Jarrod B. Martin serves as Subchapter V trustee. Judge Eduardo V Rodriguez presides over the case. Pachulski Stang Ziehl & Jones, LLP, Fox Rothschild, LLP and Pension Planning Consultants, Inc. serve as the Debtor's bankruptcy counsel, special litigation counsel, and pension plan advisor, respectively. ALEXANDER DEMOLITION: John-Patrick Fritz Named Subchapter V Trustee ------------------------------------------------------------------- The U.S. Trustee for Region 16 appointed John-Patrick Fritz as Subchapter V trustee for Alexander Demolition and Hauling, Inc. Mr. Fritz will be paid an hourly fee of $650 for his services as Subchapter V trustee and will be reimbursed for work-related expenses incurred. The compensation for his trustee administrators (Jason Klassi, Linda Riess and Connie Ray) is $295 per hour. Mr. Fritz declared that he is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: John-Patrick M. Fritz 2818 La Cienega Avenue Los Angeles, CA 90034 About Alexander Demolition Alexander Demolition and Hauling, Inc. filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 23-15815) on Sept. 7, 2023, with as much as $50,000 in assets and $100,001 to $500,000 in liabilities. Judge Deborah J. Saltzman oversees the case. Giovanni Orantes, Esq., at Orantes Law Firm, PC represents the Debtor as bankruptcy counsel. AMERICAN PHYSICIAN: Creditors to Get Proceeds From Liquidation -------------------------------------------------------------- American Physician Partners, LLC, and its Affiliated Debtors filed with the U.S. Bankruptcy Court for the District of Delaware a Combined Disclosure Statement and Plan of Liquidation dated September 19, 2023. Founded in 2015, the Debtors were one of the fastest growing, scaled emergency department and hospitalist management platforms in the U.S. Prepetition, prior to the Transition Related Activities primarily in July 2023, the Debtors were one of the fastest growing, scaled emergency department and hospitalist management platforms in the U.S. Headquartered in Brentwood, Tennessee, prepetition, the Company had management and related contracts with more than 100 hospitals (including freestanding emergency departments) and other sites in fifteen states primarily in the southeastern, Midwestern and southwestern United States, utilizing over 2,500 physicians who served over 4 million patients each year. The physicians and other medical providers who the Company worked with, typically delivered care in settings with the most acute and life-changing needs – emergency rooms. Prepetition, the Debtors were unable to come to agreement with their secured lenders or locate buyers or other transaction partners, despite extensive negotiations. Thus, in mid-July 2023, the Company began transitioning certain management and/or other services for their client hospitals and other healthcare providers, in order to avoid any interruptions in service, ultimately to the patients. The Debtors have commenced these bankruptcy cases to liquidate their remaining assets and wind-down their businesses, in an orderly manner to preserve and maximize the value of the estates' assets for the benefit of all stakeholders. During the Chapter 11 Cases, the Debtors will sell, liquidate or otherwise dispose of their remaining assets (primarily patient receivables), and pursuant to the proposed Plan, the Debtors will complete the orderly liquidation and wind-down of their business, address pending claims, including litigation claims, and make distributions to Creditors as efficiently as possible through the liquidating Plan. The Plan provides for, as of the Effective Date, a Liquidating Trust to liquidate, collect, sell, or otherwise dispose of the remaining assets of the Debtors' estates (the "Estates") (including, without limitation, certain causes of action), if and to the extent such assets were not previously monetized to Cash or otherwise transferred or disposed of by the Debtors prior to the Effective Date, and to distribute all net proceeds to Creditors generally in accordance with the priority scheme under the Bankruptcy Code other than the GUC Fund which shall be for the benefit of general unsecured creditors subject to the terms of the Plan and Liquidating Trust Agreement. There will be no distributions to Holders of Interests. As of the Effective Date, the Liquidating Trust will be funded with all the remaining assets of the Debtors (referred to herein as Distributable Assets) (except for certain carveouts including the Professional Fee Reserve). In particular, under the Plan, there will be a $250,000 GUC Fund, to be used to fund Distributions to general unsecured creditors and only in the case of certain circumstances administrative costs of the Liquidating Trust, with the consent and agreement of the Debtors' Prepetition Lenders. Class 4 consists of all Unsecured Claims. Class 4 includes the Prepetition Lenders Deficiency Claims. Holders of Class 4 Claims shall receive a Pro Rata share of the Liquidating Trust Interests in exchange for their Allowed Claims, which entitle the Beneficiaries thereof to a Pro Rata share of the GUC Fund and a Pro Rata Share of any net proceeds of the remaining Liquidating Trust Assets. Unsecured Claims are subject to all statutory, equitable, and contractual subordination claims, rights, and grounds available to the Debtors, the Estates, and pursuant to the Plan, except as may be expressly provided otherwise, the Liquidating Trustee, which subordination claims, rights, and grounds are fully enforceable prior to, on, and after the Effective Date. Class 4 is Impaired. There shall be no Distribution on account of Class 7 Interests. Upon the Effective Date, all Interests will be deemed cancelled and will cease to exist. Pursuant to section 1123 of the Bankruptcy Code, and in consideration for the classification, distributions, releases and other benefits provided under the Plan, upon the Effective Date, the provisions of the Plan will constitute a good-faith compromise and settlement of all Claims and Interests and controversies resolved pursuant to the Plan and the Settlement Term Sheet. On the Effective Date, the Liquidating Trust shall be established pursuant to the Liquidating Trust Agreement for the purpose of, inter alia, (a) administering the Liquidating Trust Assets, (b) prosecuting and/or resolving all Disputed Unsecured Claims, (c) investigating and pursuing any Causes of Action that constitute Liquidating Trust Assets, and (d) making all Distributions to the Beneficiaries provided for under the Plan. A full-text copy of the Combined Disclosure Statement and Plan dated September 19, 2023 is available at https://urlcurt.com/u?l=jvlgKa from PacerMonitor.com at no charge. Proposed Counsel for Debtors: Laura Davis Jones, Esq. David M. Bertenthal, Esq. Timothy P. Cairns, Esq. PACHULSKI STANG ZIEHL & JONES LLP 919 North Market Street, 17th Floor P.O. Box 8705 Wilmington, Delaware 19899-8705 (Courier 19801) Tel: 302-652-4100 Fax: 302-652-4400 E-mail: ljones@pszjlaw.com dbertenthal@pszjlaw.com tcairns@pszjlaw.com About American Physician Partners Headquartered in Brentwood, Tennessee, American Physician Partners was founded in 2015 to provide a better alternative to hospitals and healthcare systems for their clinical outsourcing needs. Since its inception, the company grew to more than 160 practice sites and became a recognized leader in the provision of exceptional emergency medicine, hospital medicine, and critical care management services to hospitals and healthcare systems nationwide. APP earned its extensive growth by remaining true to its mission to support its providers and hospital partners in providing safe, compassionate, and efficient care to every patient, every time. AMERICAN PHYSICIAN: Sept. 26 Deadline Set for Panel Questionnaires ------------------------------------------------------------------ The United States Trustee is soliciting members for committee of unsecured creditors in the bankruptcy case of American Physician Partners, LLC, et al. If a party wishes to be considered for membership on any official committee that is appointed, it must complete a questionnaire available at https://tinyurl.com/4bjykna2 and return by email it to Joseph Cudia -- Joseph.Cudia@usdoj.gov -- and Richard Schepacarter -- Richard.Schepacarter@usdoj.gov -- at the Office of the United States Trustee so that it is received no later than 4:00 p.m., on Sept. 26, 2023. If the U.S. Trustee receives sufficient creditor interest in the solicitation, it may schedule a meeting or telephone conference for the purpose of forming a committee. About American Physician Partners Headquartered in Brentwood, Tennessee, American Physician Partners was founded in 2015 to provide a better alternative to hospitals and healthcare systems for their clinical outsourcing needs. Since its inception, the company grew to more than 160 practice sites and became a recognized leader in the provision of exceptional emergency medicine, hospital medicine, and critical care management services to hospitals and healthcare systems nationwide. APP earned its extensive growth by remaining true to its mission to support its providers and hospital partners in providing safe, compassionate, and efficient care to every patient, every time. American Physician Partners and several of its affiliates filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-11469) on Sept. 18, 2023. The Debtors listed $100 million to $500 million in estimated assets and $500 million to $1 billion estimated liabilities. The petitions were signed by John DiDonato as chief restructuring officer. The Debtors tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy counsel. Bass, Berry & Sims PLC is the Debtors' corporate and regulatory counsel. Huron Consulting Group is the Debtors' restructuring advisor counsel. Epiq Corporate Restructuring LLC is the Debtors' claims and noticing agent. AN GLOBAL: Hires Guggenheim Securities as Investment Banker ----------------------------------------------------------- AN Global LLC and its affiliates received approval from the U.S. Bankruptcy Court for the District of Delaware to employ Guggenheim Securities, LLC as its investment banker. The firm will render these services: a. review and analysis of the business, financial condition and prospects of the Debtor; b. evaluate the liabilities of the Company, its debt capacity and its strategic and financial alternatives; c. In connection with any Transaction: i. evaluate from a financial and capital markets point of view of alternative structures and strategies for implementing the Transaction; ii. prepare marketing or other transaction materials concerning the Company and the Transaction for distribution and presentation to the Company's Transaction Counterparties; iii. develop and implement a marketing plan with respect to such Transaction; iv. identify and solicit, and the review of proposals received from, the Investors and other prospective Transaction Counterparties; and v. negotiate the Transaction; and d. In connection with a Bankruptcy Case, evaluate, from a financial point of view, of alternative strategies for implementing any such Transaction, including pursuant to a Plan under Chapter 11 of the Bankruptcy Code confirmed in connection with any Bankruptcy Case in Bankruptcy Court. The firm will be compensated as follows: a. Monthly Fees. i. The Company will pay Guggenheim Securities a non-refundable cash fee of $150,000 per month, which fee will be due and paid by the Company in advance promptly upon the signing of the Engagement Letter and, thereafter, on the first day of each calendar month during the period of Guggenheim Securities' engagement under the Engagement Letter, in each case, whether or not any Transaction is consummated; provided, that, with respect to (and solely with respect to) such initial Monthly Fee, the amount thereof shall be prorated to reflect the number of days from August 11, 2023 through and including August 31, 2023 relative to the total number of days in such month. ii. With respect to (and solely with respect to) the fourth and fifth full Monthly Fees actually paid under the Engagement Letter, an amount equal to 100percent of such Monthly Fees actually paid to Guggenheim Securities shall be credited against any Restructuring Transaction Fee or Sale Transaction Fee that thereafter becomes payable pursuant to Sections 4(b) or 4(c) of the Engagement Letter; it being understood that, with respect to any subsequent Monthly Fees actually paid in full under the Engagement Letter, an amount equal to 100percent of such Monthly Fees actually paid to Guggenheim Securities shall be credited against (and solely against) any Creditable Sale Transaction Fee that thereafter becomes payable pursuant to Section 4(c) of the Engagement Letter; it being further understood, in all such cases, that, once credited against any one of the foregoing fees, any such amount of Monthly Fees so credited cannot be credited again against any other fee payable under the Engagement Letter. As used in the Engagement Letter, the term "Creditable Sale Transaction Fee" refers to any Sale Transaction Fee that is not an Existing Lender Sale Fee. b. Restructuring Transaction Fee(s). i. If a Restructuring Transaction is consummated, then the Company will pay Guggenheim Securities a cash fee ("Restructuring Transaction Fee") in an amount equal to $2,500,000. ii. Any such Restructuring Transaction Fee will be payable promptly upon the consummation of any Restructuring Transaction. c. Sale Transaction Fee(s). i. If any Sale Transaction is consummated, then in each case, the Company will pay Guggenheim Securities a cash fee (each, a "Sale Transaction Fee") in an amount equal to the sum of: (x) $3,000,000, plus (y) in connection with any Sale Transaction involving Aggregate Sale Consideration in excess of $102,500,000 (the "Threshold Consideration Amount"), the sum of (1) with respect to the first $297,500,000 of Aggregate Sale Consideration that exceeds the Threshold Consideration Amount, 3.00 percent of said Aggregate Sale Consideration, plus (2) with respect to any other amount of Aggregate Sale Consideration that exceeds the Threshold Consideration Amount (i.e., with respect to such layer of Aggregate Sale Consideration pertaining to such Sale Transaction in excess of $400,000,000), 5.00 " of said Aggregate Sale Consideration; provided, that, with respect to (and solely with respect to) any Sale Transaction in respect of which 100 percent of the applicable Acquirors constitute Existing Lenders, the Sale Transaction Fee payable by the Company to Guggenheim Securities on account thereof shall be $2,500,000 (the "Existing Lender Sale Fee"). As used in the Engagement Letter, the term "Existing Lenders" means any direct or beneficial holder of any of the Company's indebtedness issued under its existing credit facilities as of the effective date of the Engagement Letter. ii. Any such Sale Transaction Fee will be payable promptly upon the consummation of any Sale Transaction. d. Expense Reimbursement. The Company will, whether or not any Transaction contemplated under the Engagement Letter will be proposed or consummated, promptly reimburse Guggenheim Securities, upon request, for all of its reasonable and documented out-of-pocket expenses (including without limitation travel expenses) incurred in connection with or arising out of the Engagement Letter, including Guggenheim Securities' activities under or as contemplated under the Engagement Letter or Guggenheim Securities' enforcing of its rights under the Engagement Letter, including all reasonable and documented fees, disbursements and other charges of any legal counsel retained by Guggenheim Securities (without the requirement that the retention of such legal counsel be approved by the applicable Insolvency Authority). Stephen Preefer, managing director at Guggenheim Securities, assured the court that his firm is a "disinterested person" as that term is defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Stephen Preefer Guggenheim Securities LLC 330 Madison Avenue New York, NY 10017 Phone: (212) 518-9200 Email: GSinfo@GuggenheimPartners.com About AN Global AN Global, LLC and affiliates are global providers of agile-first, end-to-end digital transformation services in the North American market using on-shore and near-shore delivery. The Debtors sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-11294) on August 28, 2023. In the petitions signed by their chief restructuring officer, James S. Feltman, the Debtors disclosed $100 million to $500 million in both assets and liabilities. Judge J. Kate Stickles oversees the cases. The Debtors tapped Potter Anderson & Corron LLP and Hughes Hubbard & Reed LLP as bankruptcy counsels; Garrigues Mexico, S.C. as general Mexican restructuring counsel; Teneo Capital, LLC as financial advisor; and Guggenheim Securities, LLC as investment banker. Kurtzman Carson Consultants, LLC is the claims, noticing and balloting agent. Blue Torch Finance LLC is the administrative agent and collateral agent under the DIP Agreement and under a pre-bankruptcy first lien facility. It is represented by Ropes & Gray, LLP and Chipman Brown Cicero & Cole, LLP. The U.S. Trustee for Regions 3 and 9 appointed an official committee to represent unsecured creditors in the Debtors' Chapter 11 cases. AN GLOBAL: Hires James S. Feltman of Teneo Capital as CRO --------------------------------------------------------- AN Global LLC and its affiliates received approval from the U.S. Bankruptcy Court for the District of Delaware to employ Teneo Capital LLC and designate James S. Feltman as its chief restructuring officer. The firm will render these services: Phase 1 Services from the Engagement Letter dated March 31, 2023: -- Work with the Board and the Debtor's senior management team ("Management") in an advisory capacity to stabilize and manage the Debtor's relationship with its Senior Lender, Blue Torch Finance, LLC ("Blue Torch"), and to assist in providing Blue Torch with financial and other requests as reasonably made upon the Debtor; -- Assist the Debtor in securing a time period efficient to allow the Debtor's professionals to source and close on a replacement credit facility to replace Blue Torch or otherwise determine that such an undertaking is not presently feasible; -- Review and analyze the Debtor's business, operations, assets, financial condition, business plan, strategy, and operating forecasts; -- Produce a 13-week cash budget and operating projection; -- Attend meetings with the Debtor, its professionals, and other stakeholders, at the Debtor's request. -- Assist in negotiations with, and responding to inquiries from, various stakeholders, including creditors and other parties, at your request and with your guidance; and -- Assist Management in developing, evaluating, structuring, and negotiating the terms and conditions of a potential restructuring, plan of reorganization, or sale transaction, including a liquidation valuation and estimation of creditor recoveries for a plan of reorganization and or negotiation purposes. The CRO, specifically, shall provide the following services: -- Oversee and direct the interaction between the Debtor and its creditors, specifically Blue Torch, at your request and with your guidance; and -- Manage the working group of professionals who may assist the Debtor in a potential reorganization process (if necessary and as required by the Debtor) to improve coordination of their effort and work product to be consistent with the Debtor's overall restructuring goals. Expanded scope of services from the Amendment to the Engagement Letter dated June 28, 2023: -- Assist the Debtor in assessing strategic alternatives and developing a marketing strategy to be used in connection with pursuing a potential transaction or series of transactions involving the raising, refinancing, restructuring, or obtaining a commitment for, senior secured debt financing by, or for the benefit of, the Debtor or its affiliates (such transaction or series of transactions, a "Financing Transaction"); -- Identify potential capital sources, in consultation with Management, that Teneo believes may have an interest in a potential Financing Transaction for consideration by the Debtor. -- Approach such potential capital sources to solicit their interest in a potential Financing Transaction; -- Coordinate and assist Management and the Board in evaluating indications of interest and proposals in connection with a potential Financing Transaction; -- Advise and assist Management in preparing for discussions with interested parties related to a potential Financing Transaction; -- Assist Management and the Board in analyzing proposed potential Financing Transaction structures and provide advice to Management and the Board with respect to negotiations of the financial elements of a potential Financing Transaction; and -- Provide such other financial advisory services related to a potential Financing Transaction as may be mutually agreed upon by Teneo and the Debtor. In the Second Amendment to the Engagement Letter dated July 27, 2023, Teneo expanded its scope of services to provide the Debtor with the following additional services with respect to the Debtor's proposed Key Employee Retention Plan ("KERP"): -- Teneo will benchmark the amounts of the proposed KERP payments for each employee against other KERP payments to comparable employees at a comparator group of Delaware incorporated companies in similar situations. Based on this assessment, Teneo will determine whether the proposed KERP payments are aligned with the market. -- The CRO will provide the comparator group and the benchmarking data to Teneo. Teneo is not responsible for adding, removing, or determining the appropriateness of peers in the comparator group. -- It is anticipated that Teneo shall complete the KERP Services on or before August 31, 2023. James Feltman, a senior managing director at Teneo, disclosed in a court filing that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. Teneo can be reached at: James S. Feltman Teneo Capital, LLC 280 Park Ave, 4th Floor New York, NY 10017 Tel: (212) 886 1600 Email: James.feltman@teneo.com. About AN Global AN Global, LLC and affiliates are global providers of agile-first, end-to-end digital transformation services in the North American market using on-shore and near-shore delivery. The Debtors sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 23-11294) on August 28, 2023. In the petitions signed by their chief restructuring officer, James S. Feltman, the Debtors disclosed $100 million to $500 million in both assets and liabilities. Judge J. Kate Stickles oversees the cases. The Debtors tapped Potter Anderson & Corron LLP and Hughes Hubbard & Reed LLP as bankruptcy counsels; Garrigues Mexico, S.C. as general Mexican restructuring counsel; Teneo Capital, LLC as financial advisor; and Guggenheim Securities, LLC as investment banker. Kurtzman Carson Consultants, LLC is the claims, noticing and balloting agent. Blue Torch Finance LLC is the administrative agent and collateral agent under the DIP Agreement and under a pre-bankruptcy first lien facility. It is represented by Ropes & Gray, LLP and Chipman Brown Cicero & Cole, LLP. The U.S. Trustee for Regions 3 and 9 appointed an official committee to represent unsecured creditors in the Debtors' Chapter 11 cases. ANCHOR GLASS: $63.8MM Bank Debt Trades at 59% Discount ------------------------------------------------------ Participations in a syndicated loan under which Anchor Glass Container Corp is a borrower were trading in the secondary market around 41.2 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $63.8 million facility is a Term loan that is scheduled to mature on June 7, 2026. The amount is fully drawn and outstanding. Anchor Glass Container Corporation manufactures containers. The Company produces glass containers for the food, beverage, beer, liquor, and â€ƒconsumer product industries. ANCHOR GLASS: $672MM Bank Debt Trades at 17% Discount ----------------------------------------------------- Participations in a syndicated loan under which Anchor Glass Container Corp is a borrower were trading in the secondary market around 83.3 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $671.8 million facility is a payment-in-kind Term loan that is scheduled to mature on December 7, 2025. The amount is fully drawn and outstanding. Anchor Glass Container Corporation produces glass containers for the food, beverage, beer, liquor, and consumer product industries. APACHE CORP: S&P Affirms 'BB+' ICR, Outlook Positive ---------------------------------------------------- S&P Global Ratings affirmed its 'BB+' issuer credit rating and positive outlook on U.S.-based exploration and production (E&P) company Apache Corp. and its 'BB+' issue-level rating on its unsecured debt. The positive outlook reflects S&P's view that the company's credit measures will improve in 2024 and under our mid-cycle commodity price assumptions as it continues to balance shareholder returns and debt reduction. The positive outlook reflects S&P's view that Apache's credit measures will improve next year, supported by free cash flow and debt reduction driven by our expectation of higher commodity prices. S&P said, "We also expect the company will maintain modest financial policies that balance debt repayment with shareholder returns. Apache has significantly reduced its debt by $3.2 billion from the end of 2020 through June 30, 2023. Additionally, the company has a manageable schedule of debt maturities, the next not until 2025. Apache had $762 million drawn on its U.S.-dollar-denominated $1.8 billion dollar credit facility as of June 30. We expect the company will reduce the outstanding borrowings using free cash flow behind higher commodity prices in the back half of 2023 and into 2024. "Our expectation for significant free cash flow over at least the next 12 months supports our view that Apache will maintain ample liquidity and support improving financial measures. "We forecast FFO to debt will exceed 60% while debt to EBITDA remains in the 0.5x-1.5x in 2024 and 2025. We expect Apache will generate significant cash flow over the next two years. Our cash flow estimates include a meaningful boost from Apache's liquified natural gas (LNG) contract with Cheniere Energy Inc., under which it can sell natural gas at prices based on European/Asian benchmarks. The company also has optionality to monetize its stake in Kinetik Holdings Inc., valued at about $700 million. Apache's capital allocation plan targets applying 60% of its free cash flow toward shareholder returns and 40% toward the balance sheet (debt reduction) and other items. We do not expect the company will increase absolute debt to support additional shareholder returns. "Incorporating proceeds from a Kinetik share sale and incremental LNG-related cash flow in 2024, we estimate credit measures will be strong under our mid-cycle price deck assumptions. "We believe Apache's FFO to debt could reach 60% under our mid-cycle price assumptions of $50 per barrel for West Texas Intermediate (WTI) crude oil and $2.75/mmBtu for Henry Hub natural gas if it executes on the sale of its Kinetik holdings and achieves incremental cash flow from its LNG contract." Apache's geographic and commodity diversity support S&P's rating. The company's operations in the North Sea and Egypt, which are exposed to Brent crude oil prices, are strong cash generators even at lower commodity prices. Apache plans to operate approximately 17 rigs in Egypt, which will likely support continued production and reserve growth, and one rig in the North Sea. The company's large acreage position in the Southern Midland Basin and Delaware Basin (approximately 582,000 net acres) further supports its geographic diversity and provides good cash flow, especially as natural gas prices improve. S&P said, "We expect Apache's production to be about 45%-50% oil, 15%-20% natural gas liquids (NGL), and 35%-40% natural gas in 2023. Apache also holds an interest in the emerging Suriname development, where it continues to report successful exploration and appraisal wells. We believe this will likely provide it with a source of low-cost, long-term production. We note that the Suriname assets are held in a separate subsidiary under parent APA Corp., but we view all the entities as part of one group." S&P said, "The positive outlook on Apache reflects our expectation that its financial measures will continue to improve as it continues to reduce debt, supported by our expectation for supportive commodity prices and the potential to monetize assets over the next 12 months. We expect FFO to debt of 50%-55% in 2023, increasing above 60% in 2024 and 2025." S&P could revise its outlook on Apache to stable if, contrary to its expectations, it adopts a more aggressive financial policy such that S&P expects FFO to debt will remain below 60%. This would most likely occur if it: -- Increases its shareholder returns concurrent with a sustained weakening in crude oil and natural gas prices; or -- Does not execute asset sales, leading to higher debt than S&P anticipates. S&P could raise its rating on Apache if it expects it to sustain FFO to debt comfortably above 60% and debt to EBITDA below 1.5x under its mid-cycle oil and natural gas price assumptions. This would most likely occur if: -- Crude oil and natural gas prices average above our current price deck next year; or -- It monetizes assets and uses supporting free cash flow for additional debt reduction; and -- Management maintains financial policies in line with investment-grade peers. APPLIED DNA: All Three Proposals Passed at Annual Meeting --------------------------------------------------------- Applied DNA Sciences, Inc. held its 2023 annual meeting of stockholders during which the Company's stockholders: (1) elected James A. Hayward, Robert B. Catell, Joseph D. Ceccoli, Yacov A. Shamash, Sanford R. Simon, and Elizabeth Schmalz Shaheen as directors to serve until the 2024 annual meeting of stockholders or until their respective successors are duly elected and qualified; (2) approved an amendment to the Company's 2020 Equity Incentive Plan, to increase the number of shares of common stock authorized for issuance by an additional 3,500,000; and (3) ratified the appointment of Marcum LLP as the Company's independent registered public accounting firm for the fiscal year ending Sept. 30, 2023. About Applied DNA Applied DNA Sciences, Inc. -- http//www.adnas.com -- is a biotechnology company developing technologies to produce and detect deoxyribonucleic acid ("DNA"). Using the polymerase chain reaction ("PCR") to enable both the production and detection of DNA, the Company operates in three primary business markets: (i) the manufacture of synthetic DNA for use in nucleic acid-based therapeutics; (ii) the detection of DNA in molecular diagnostics testing services; and (iii) the manufacture and detection of DNA for industrial supply chain security services. Applied DNA reported a net loss of $8.27 million for the year ended Sept. 30, 2022, a net loss of $14.28 million for the year ended Sept. 30, 2021, and a net loss of $13.03 million for the year ended Sept. 30, 2020. "We have recurring net losses, which have resulted in an accumulated deficit of $298,854,883 as of June 30, 2023. We have incurred a net loss of $3,114,195 for the nine-month period ended June 30, 2023. At June 30, 2023, we had cash and cash equivalents of $10,756,235. We have concluded that these factors raise substantial doubt about our ability to continue as a going concern for one year from the issuance of the financial statements . We will continue to seek to raise additional working capital through public equity, private equity or debt financings. If we fail to raise additional working capital, or do so on commercially unfavorable terms, it would materially and adversely affect our business, prospects, financial condition and results of operations, and we may be unable to continue as a going concern. If we seek additional financing to fund our business activities in the future and there remains substantial doubt about our ability to continue as a going concern, investors or other financing sources may be unwilling to provide additional funding to us on commercially reasonable terms, if at all.," said Applied DNA in its Quarterly Report on Form 10-Q for the period ended June 30, 2023. AR&K HOME: Hires Berger Fischoff Wexler Shumer as Counsel --------------------------------------------------------- AR&K Home, LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to employ Berger, Fischoff, Shumer, Wexler & Goodman, LLP as counsel. The firm's services include: a. advising the Debtor with respect to its powers and duties in the continued management of its business and property; b. representing the Debtor at court hearings on matters pertaining to its affairs; c. assisting the Debtor in the preparation and negotiation of a plan of reorganization with its creditors; d. preparing legal papers; and e. providing other legal services necessary to administer the Debtor's Chapter 11 case. The firm will be paid at these rates: Partners $550 to $635 per hour Associates $400 to $475 per hour Paralegals $185 per hour The firm will be paid a retainer of $5,000, plus $1,738 for the filing fee. Heath S. Berger, Esq., a partner at Berger, Fischoff, Shumer, Wexler & Goodman, LLP, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Heath S. Berger, Esq. BERGER FISCHOFF SHUMER WEXLER & GOODMAN LLP 6901 Jericho Turnpike #230 Syosset, NY 1179 Tel: (800) 806-1136 Email: hberger@bfslawfirm.com About AR&K Home, LLC AR&K Home, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 1-23-42522) on July 19, 2023. At the time of the filing, Debtor had estimated $1 million to $10 million in both assets and liabilities. Judge Elizabeth S. Stong oversees the case. The Debtor hires Berger, Fischoff, Shumer, Wexler & Goodman, LLP as counsel. ASP CHROMAFLO: $235MM Bank Debt Trades at 20% Discount ------------------------------------------------------ Participations in a syndicated loan under which ASP Chromaflo Dutch I BV is a borrower were trading in the secondary market around 80.2 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $235.4 million facility is a Term loan that is scheduled to mature on November 18, 2023. About $224 million of the loan is withdrawn and outstanding. ASP Chromaflo Dutch I B.V. produces and supplies chemicals. The Company serves customers in the United States and the Netherlands. ASPIRA WOMEN: Phan Transitions to Consultant Role ------------------------------------------------- Ryan Phan resigned from his position as the Chief Scientific and Operating Officer of the Company, effective September 16, Aspira Women's Health Inc. disclosed in a Form 8-K Report filed with the Securities and Exchange Commission. Phan transitioned to an advisory role at the Company, pursuant to an amended consulting agreement, dated September 7, 2023, between Phan and the Company. Under the Agreement, Phan will provide the Company with advice on clinical and scientific programs, as well as on regulatory requirements for clinical lab regulations. He will also continue to serve as the Company's lab medical director through January 15, 2024. Under the Consulting Agreement, Phan will be entitled to receive $20,000 per month, prorated for partial months. In addition, the Consulting agreement also provides that: (i) options granted during Dr. Phan's service to the Company, including during the time period during which he is performing services for the Company under the Consulting Agreement, will accrue and vest through January 15, 2024, and; (ii) Phan will have until September 15, 2025, to exercise any vested options. The full-text copy of the Amended Consulting Agreement is available at https://tinyurl.com/3jdzahre About Aspira Women's Health Formerly known as Vermillion, Inc., Aspira Women's Health Inc. -- http://www.aspirawh.com-- is transforming women's health with the discovery, development and commercialization of innovative testing options and bio-analytical solutions that help physicians assess risk, optimize patient management and improve gynecologic health outcomes for women. OVA1 plus combines its FDA-cleared products OVA1 and OVERA to detect risk of ovarian malignancy in women with adnexal masses. ASPiRA GenetiXSM testing offers both targeted and comprehensive genetic testing options with a gynecologic focus. With over 10 years of expertise in ovarian cancer risk assessment, ASPIRA has expertise in cutting-edge research to inform its next generation of products. Its focus is on delivering products that allow healthcare providers to stratify risk, facilitate early detection and optimize treatment plans. Aspira Women's reported a net loss of $27.17 million for the year ended Dec. 31, 2022, compared to a net loss of $31.66 million for the year ended Dec. 31, 2021. As of Dec. 31, 2022, the Company had $17.37 million in total assets, $10.64 million in total liabilities, and $6.73 million in total stockholders' equity. Woodbridge, New Jersey-based BDO USA, LLP, the Company's auditor since 2012, issued a "going concern" qualification in its report dated March 30, 2023, citing that the Company has suffered recurring losses from operations and expects to continue to incur substantial losses in the future, which raise substantial doubt about its ability to continue as a going concern. AVINGER INC: Hikes Offering Amount Under H.C. Wainwright Deal ------------------------------------------------------------- Avinger, Inc. disclosed in a Form 8-K filed with the Securities and Exchange Commission that it has determined to increase the amount available for sale under an At the Market Offering Agreement with H.C. Wainwright & Co., LLC, up to an additional aggregate offering price of $1,074,690. The Shares sold under the ATM Agreement will be offered and sold pursuant to the Company's shelf registration statement on Form S-3 (Registration No. 333-263922), which was initially filed with the Securities and Exchange Commission on March 29, 2022 and declared effective on April 7, 2022, and a prospectus supplement and the accompanying prospectus relating to the at-the-market offering filed with the SEC on Sept. 20, 2023. Because there is no minimum offering amount required pursuant to the ATM Agreement, the total number of Shares to be sold under the ATM agreement, if any, and proceeds to the Company, if any, are not determinable at this time. The Company expects to use any net proceeds for primarily for working capital and general corporate purposes, which may include research and development of the Company's Lumivascular platform products, preclinical and clinical trials and studies, regulatory submissions, expansion of its sales and marketing organizations and efforts, intellectual property protection and enforcement and capital expenditures. The Company has not yet determined the amount of net proceeds to be used specifically for any particular purpose or the timing of these expenditures. The Company may use a portion of the net proceeds to acquire complementary products, technologies or businesses or to repay principal on its debt; however, it currently has no binding agreements or commitments to complete any such transactions or to make any such principal repayments from the proceeds of this offering, although it does look for such acquisition opportunities. Accordingly, the Company's management will have significant discretion and flexibility in applying the net proceeds from the sale of these securities. On May 20, 2022, Avinger entered into an the ATM Agreement with H.C. Wainwright, as sales agent, pursuant to which the Company may offer and sell shares of the Company's common stock, par value $0.001 per share, initially up to an aggregate offering price of $7,000,000, from time to time in an at-the-market public offering. On Aug. 3, 2022, the Company determined to suspend sales under the ATM Agreement and terminated the continuous offering of the initial aggregate offering price of $7,000,000. In March 2023, the Company determined to resume sales under the ATM Agreement, up to an aggregate offering price of $1,149,028 and on Sept. 18, 2023, the Company increased the amount available for sale by up to an additional aggregate offering price of $2,133,181. About Avinger Headquartered in Redwood City, California, Avinger, Inc. -- http://www.avinger.com-- is a commercial-stage medical device company that designs and develops image-guided, catheter-based system for the diagnosis and treatment of patients with Peripheral Artery Disease (PAD). Avinger reported a net loss applicable to common stockholders of $27.24 million for the year ended Dec. 31, 2022, a net loss applicable to common stockholders of $21.59 million for the year ended Dec. 31, 2021, a net loss applicable to common stockholders of $22.87 million for the year ended Dec. 31, 2020, a net loss applicable to common stockholders of $23.03 million for the year ended Dec. 31, 2019, and a net loss applicable to common stockholders of $35.69 million for the year ended Dec. 31, 2018. As of June 30, 2023, the Company had $16.94 million in total assets, $23.53 million in total liabilities, and a total stockholders' deficit of $6.59 million. San Francisco, California-based Moss Adams LLP, the Company's auditor since 2017, issued a "going concern" qualification in its report dated March 15, 2023, citing that the Company's recurring losses from operations and its need for additional capital raise substantial doubt about its ability to continue as a going concern. AYALA PHARMACEUTICALS: IBF Discloses 35% Equity Stake ----------------------------------------------------- In a Schedule 13D filed with the Securities and Exchange Commission, I.B.F Management Ltd disclosed that: -- As of the close of business on September 1, 2023, Israel Biotech Fund I, L.P. beneficially owned 1,925,601 shares of Ayala Pharmaceuticals, Inc. Common Stock, representing approximately 31.3% of the outstanding shares of Common Stock. Israel Biotech Fund GP Partners, L.P., by virtue of being the general partner of IBF I, may be deemed to beneficially own, and share the power to vote and dispose, such shares. For the sake of clarity, the 1,925,601 shares of Common Stock exclude the so-called Biosight Consideration Shares. -- As of the close of business on September 1, 2023, Israel Biotech Fund II, L.P. beneficially owned 434,783 shares of Common Stock, representing approximately 8.2% of the outstanding shares of Common Stock. Israel Biotech Fund GP Partners II, L.P., by virtue of being the general partner of IBF II, may be deemed to beneficially own, and share the power to vote and dispose, such shares. For the sake of clarity, the 434,783 shares of Common Stock exclude the Biosight Consideration Shares. -- As of the close of business on September 1, 2023, IBF Management, by virtue of being the management company of each of IBF I GP and IBF II GP, may be deemed to beneficially own 2,360,384 shares of Common Stock, representing approximately 35.9% of the outstanding shares of Common Stock. For the sake of clarity, such 2,360,384 shares of Common Stock (i) exclude the Biosight Consideration Shares and (ii) any securities of the Issuer held by Dr. David Sidransky, Robert Spiegel, M.D. and Murray A. Goldberg, for which IBF et al. disclaim any beneficial ownership. Advaxis Merger On January 19, 2023, Old Ayala, Inc. f/k/a Ayala Pharmaceuticals, Inc. merged with a wholly-owned subsidiary of Ayala Pharmaceuticals, f/k/a Advaxis, Inc., pursuant to an Agreement and Plan of Merger, dated October 18, 2022, by and among Ayala Pharmaceuticals, Old Ayala and Doe Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Ayala Pharmaceuticals. As a result of the Advaxis Merger, IBF I received, in exchange for the securities it held in Old Ayala (which were purchased from IBF I's own funds), 621,253 shares of Common Stock. In accordance with the Advaxis Merger Agreement, on or about January 19, 2023, Ayala Pharmaceuticals appointed, among others, Robert Spiegel, M.D. and Murray A. Goldberg, who are also venture advisors to IBF I and IBF II (on an ad-hoc basis). Biosight Merger On July 26, 2023, Ayala Pharmaceuticals, Advaxis Israel Ltd., a company organized under the laws of the State of Israel and a wholly owned subsidiary of Ayala Pharmaceuticals, and Biosight, Ltd., a company organized under the laws of the State of Israel, entered into an Agreement and Plan of Merger and Reorganization. The Biosight Merger Agreement provides, among other things, that on the terms and subject to the conditions set forth therein: (i) Merger Sub will merge with and into Biosight, with Biosight being the surviving entity as a wholly-owned subsidiary of Ayala Pharmaceuticals; (ii) Each share of Biosight issued and outstanding immediately prior to the effective time of the Biosight Merger (excluding certain shares as set forth in the Biosight Merger Agreement) will automatically be deemed to have been transferred to Ayala Pharmaceuticals in exchange for the right to receive 1.82285 shares of Common Stock. Since IBF I and IBF II currently hold securities in Biosight (which were purchased from IBF I's and IBF II's own funds), IBF et al. currently expect that, when the Biosight Merger is consummated, IBF I and IBF II will receive, in exchange for the securities held in Biosight, 338,693 shares of Common Stock and 338,693 shares of Common Stock -- Biosight Consideration Shares. In connection with the Biosight Merger Agreement, each of IBF I and IBF II, as securityholders of Biosight, entered into a Support Agreement with Ayala Pharmaceuticals, Biosight and certain other parties, dated as of July 26, 2023. Convertible Promissory Note On August 7, 2023, Ayala Pharmaceuticals issued a Senior Secured Convertible Promissory Note to IBF I, as the holder, with a principal amount of up to $2,000,000. Concurrent with the issuance of the Note, Ayala Pharmaceuticals also entered into or provided IBF I a Security Agreement and exhibits in support thereof, including a guarantee of Ayala Pharmaceuticals' obligations under the Note by Old Ayala. On September 1, 2023, following a written demand from Ayala Pharmaceuticals pursuant to the Note, IBF I and IBF II (following an assignment by IBF I, the original sole Holder, of a portion of the rights and obligations under the Note Transaction Documents to IBF II) transferred to Ayala Pharmaceuticals the principal amount of $1,500,000 and $500,000, respectively. Accordingly, on such date, IBF I and IBF II acquired beneficial ownership of 1,304,348 shares of Common Stock and 434,783 shares of Common Stock, respectively, in each case, computed based on the Initial Conversion Price. Side Letter On Sept. 15, 2023, Ayala Pharmaceuticals entered into a Side Letter Agreement for Conversion with Israel Biotech Fund I, L.P., Israel Biotech Fund II, L.P. and certain other investors named therein. The Side Letter Agreement references: (i) the merger contemplated by the Agreement and Plan of Merger and Reorganization, dated as of July 26, 2023, between the Company, Biosight Ltd. and a wholly owned subsidiary of the Company, pursuant to which such subsidiary shall merge with and into Biosight, with Biosight surviving as a wholly owned subsidiary of the Company; (ii) the Senior Secured Convertible Promissory Note entered into between the Company and the investors named therein for an original principal amount of up to $2,000,000; and (iii) a Simple Agreement for Future Equity by and between Biosight and the Investors, pursuant to which the Investors agreed to invest in Biosight up to $2,500,000, and Biosight agreed to issue equity interests in Biosight to the Investors in certain circumstances (the "SAFE"). Pursuant to the Side Letter Agreement, the Company and the Investors agreed that should the Merger be consummated prior to the termination of the SAFE, then the Investors shall be entitled to receive, in consideration for amounts actually invested in Biosight up to $2,500,000, shares of the common stock, par value $0.001 per share, of the Company. The number of shares to be so issued would be equal to the amounts actually invested by the Investors in Biosight, divided by a conversion price equal to 65% of either: (a) if definitive agreements with respect to private investments in public equity transactions involving shares of the Ayala Common Stock are executed prior to the consummation of the Merger and the PIPE Transaction is consummated substantially simultaneous with the closing of the Merger, the lowest effective price per share at which shares of Ayala Common Stock are purchased in the PIPE Transaction; or (b) if the conditions set forth in clause (a) are not satisfied, the average of the closing prices of the Ayala Common Stock on the OTCQB on the five trading days immediately preceding the date on which the closing of the Merger occurs. The Side Letter Agreement also provides that: (i) should the Merger be closed prior to the termination of the SAFE, then, following the closing of the Merger, if the Company enters into definitive agreements for the PIPE Transaction, the Investors shall have the right (but not the obligation) to purchase, on the same terms of the PIPE Transaction, a number of shares of Ayala Common Stock equal to up to all of the portion, if any, of the $2,500,000 that they were entitled to invest under the SAFE that was never actually invested by the Investors, except that the price per share shall be equal to 65% of the lowest effective price per share at which shares of Ayala Common Stock are purchased in the PIPE Transaction; and (ii) if the PIPE Transaction is not consummated by the date that is six months following the closing of the Merger, then, for a period of 30 days following such date, the Investors shall have the right (but not the obligation) to purchase a number of shares of Ayala Common Stock equal to up to all of the Uninvested Amount at a price per share equal to 65% of the average of the closing prices of the Ayala Common Stock on the OTCQB on the five trading days immediately preceding the date on which notice of such purchase is delivered to the Company. The mechanics of conversion, including timing of delivery of the shares of Ayala Common Stock, under the Side Letter Agreement shall be substantially the same as the mechanics of conversion, including timing of delivery of the shares of Ayala Common Stock pursuant to the Promissory Note. The Side Letter Agreement, and the shares of Ayala Common Stock issuable pursuant thereto, are being offered and sold pursuant to the exemption from the registration requirements of the Securities Act of 1933, as amended, afforded by Section 4(a)(2) thereof, for the sale of securities not involving a public offering. About Ayala Pharmaceuticals Formerly known as Advaxis, Inc., Ayala Pharmaceuticals, Inc. is a clinical-stage oncology company focused on developing and commercializing small molecule therapeutics for patients suffering from rare and aggressive cancers, primarily in genetically defined patient populations. As of March 31, 2023, the Company had $20.99 million in total assets, $9.83 million in total current liabilities, $1.48 million in total long-term liabilities, and $9.67 million in total stockholders' equity. New York, NY-based Marcum LLP, the Company's auditor since 2012, issued a "going concern" qualification in its report dated Feb. 9, 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. BAUSCH HEALTH: Unit Looking to Raise $1.9BB for XIIDRA Acquisition ------------------------------------------------------------------ Bausch Health Companies Inc. disclosed in a Form 8-K Report filed with the Securities and Exchange Commission that Bausch + Lomb Corporation has launched proposed financing in connection with the subsidiary's pending acquisition of XIIDRA(R) and certain other ophthalmology assets. Specifically, Bausch + Lomb Escrow Corp., a wholly owned subsidiary of Bausch + Lomb, on Sept. 11 launched an offering of $1.4 billion aggregate principal amount of new senior secured notes due 2028. In addition, Bausch + Lomb is seeking to enter into an incremental term loan facility, which will be secured on a pari passu basis with Bausch + Lomb's existing term loan facility and will either be in the form of an incremental amendment to Bausch + Lomb's existing term loan facility or a separate credit agreement. Bausch + Lomb is expected to borrow $500 million of new term B loans under the Term Loan Facility upon the closing of the Acquisition. On Sept. 14, Bausch + Lomb Escrow Corp. priced the offering of $1.4 billion aggregate principal amount of 8.375% senior secured notes due 2028. The Escrow Issuer will sell the Notes to investors at a price of 100% of the principal amount thereof. The net proceeds of the New Term B Loans and the offering of the Notes are expected to fund the Acquisition, to pay fees and expenses related to the Acquisition, the borrowings of the New Term B Loans and the offering of the Notes and for general corporate purposes, including the repayment of existing debt. If the issuance of the Notes occurs prior to the closing of the Acquisition, the Notes will initially be issued by the Escrow Issuer and the net proceeds from the offering of the Notes will be deposited into a segregated escrow account. Upon closing of the Acquisition, Bausch + Lomb will assume the obligations of the Escrow Issuer under the Notes and the indenture that will govern the Notes and any other obligations of the Escrow Issuer and receive all of the assets of the Escrow Issuer, and the net proceeds will be released from the escrow account and applied as set forth above. However, if the issuance of the Notes occurs substantially concurrently with the closing of the Acquisition, Bausch + Lomb will be the issuer of the Notes. Closing of the Term Loan Facility will be conditioned upon completion of the Acquisition and will occur concurrently with the closing of the Acquisition. Closing of the Notes offering will not be conditioned upon completion of the Acquisition, but if the Acquisition does not occur on or prior to Sept. 30, 2024, the Escrow Issuer will be required to redeem the Notes at such time at a redemption price equal to the principal amount of the Notes plus any accrued and unpaid interest. Bausch Health cautioned the transactions are subject to market and other conditions. There can be no assurance that Bausch + Lomb will be able to successfully complete the transactions, on the terms described, or at all. Preliminary Valuations of Assets Leading up to the launch of the financing transactions, Bausch + Lomb has continued to update its preliminary valuations of assets acquired and liabilities assumed in connection with its pending acquisition of XIIDRA(R) and certain other ophthalmology assets, which has resulted in certain adjustments to the preliminary purchase price allocation included in the unaudited pro forma condensed combined financial information that was furnished on Form 8-K on September 6, 2023. The adjustments primarily include a reduction in Prepaid expenses and other current assets ($22 million) and a reduction in Other non-current liabilities ($12 million) offset by an increase in Goodwill ($10 million) in the Unaudited Pro Forma Condensed Combined Balance Sheet as of June 30, 2023. These adjustments also resulted in corresponding reductions of expenses in the Unaudited Pro Forma Condensed Combined Statement of Operations for the six months ended June 30, 2023, the year ended December 31, 2022 and the six months ended June 30, 2022 of $20 million, $43 million and $20 million, respectively, primarily related to amortization of intangible assets. These adjustments did not impact revenue or Adjusted EBITDA. Bausch + Lomb has not completed the valuation analysis of identifiable assets acquired and liabilities assumed. Accordingly, the adjustments are preliminary and are subject to further adjustments as additional information becomes available and as additional analyses are performed subsequent to the close of the transaction. About Bausch Health Companies Inc. Bausch Health Companies Inc. develops drugs for unmet medical needs in central nervous system disorders, eye health and gastrointestinal diseases, as well as contact lenses, intraocular lenses, ophthalmic surgical equipment, and aesthetic devices. In March 2023, S&P Global Ratings raised the issuer credit rating on Bausch Health Cos. Inc. to 'CCC' from 'SD'. "The 'CCC' issuer credit rating reflects the risk that the company will continue to pursue subpar debt repurchases that we view as tantamount to a default over the next 12 months," the ratings firm explained. "We would likely view the repurchases as distressed exchanges as we no longer believe BHC would be viewed as an anonymous buyer, given its accumulated open market purchases to date. We see heightened risk that BHC will complete more below par debt repurchases over the next 12 months, given the price at which the longer dated unsecured notes continue to trade (between 40 to 50 cents on the dollar). We believe it is likely that BHC will look to capture this significant discount as it generates cash to reduce its upcoming large maturities." S&P said its negative outlook reflects the heightened risk that BHC could complete more distressed exchanges over the next 12 months. S&P said, "We continue to believe the capital structure could be unsustainable longer term. Our base-case scenario still assumes Norwich Pharmaceuticals will launch its generic version of Xifaxan at-risk as early as mid-2024, causing a material decline in revenues and EBITDA. We do not believe there are sufficient candidates in the development pipeline to cover lost sales of Xifaxan. BHC also appears committed to completing the B+L spin off as soon as possible, which we view as a credit negative for BHC given our expectation for an increase in leverage and reduction in scale and diversity pro forma the separation. We believe BHC could have trouble refinancing its still sizeable debt maturities as they come due in 2025 and beyond, especially if the spinoff is completed." BIOTRICITY INC: Signs $2 Million Stock Purchase Agreement --------------------------------------------------------- Biotricity Inc. on Sept. 19, 2023, entered into a security purchase agreement with an institutional investor for the issuance and sale of 220 shares of the Company's newly designated Series B Convertible Preferred Stock, $0.001 par value, at a purchase price of $9,090.91 per share of Preferred Stock, or gross proceeds of $2,000,000. Shares of Series B Preferred Stock and shares of Common Stock of the Company that are issuable upon conversion of, or as dividends on, the Series B Preferred Stock were offered, and will be issued, pursuant to the Prospectus Supplement, filed Sept. 19, 2023, to the Prospectus included in the Company's Registration Statement on Form S-3 (Registration No. 333-255544) filed with the Securities and Exchange Commission on April 27, 2021, and declared effective May 4, 2021. Series B Preferred Stock Pursuant to the Purchase Agreement, on Sept. 19, 2023, the Company filed a certificate of designations of Series B Convertible Preferred Stock with the Nevada Secretary of State designating 600 shares of the Company's shares of Preferred Stock as Series B Convertible Preferred Stock and setting forth the voting and other powers, preferences and relative, participating, optional or other rights of the Preferred Shares. Each share of Series B Preferred Stock has a stated value of $10,000 per share. The Series B Preferred Stock, with respect to the payment of dividends, distributions and payments upon the liquidation, dissolution and winding up of the Company, ranks senior to all capital stock of the Company unless the holders of the majority of the outstanding shares of Series B Preferred Stock consent to the creation of other capital stock of the Company that is senior or equal in rank to the Series B Preferred Stock. Holders of Series B Preferred Stock will be entitled to receive cumulative dividends, in shares of common stock or cash on the stated value at an annual rate of 8% (which will increase to 15% if a Triggering Event (as defined in the Certificate of Designations) occurs. Dividends will be payable upon conversion of the Series B Preferred Stock, upon any redemption, or upon any required payment upon any Bankruptcy Triggering Event (as defined in the Certificate of Designations). Holders of Series B Preferred Stock will be entitled to convert shares of Series B Preferred Stock into a number of shares of common stock determined by dividing the stated value (plus any accrued but unpaid dividends and other amounts due) by the conversion price. The initial conversion price is $3.50, subject to adjustment in the event the Company sells common stock at a price lower than the then-effective conversion price. Holders may not convert the Series B Preferred Stock to common stock to the extent such conversion would cause such holder's beneficial ownership of common stock to exceed 4.99% of the outstanding common stock. In addition, the Company will not issue shares of common stock upon conversion of the Series B Preferred Stock in an amount exceeding 19.9% of the outstanding common stock as of the initial issuance date unless the Company receives shareholder approval for such issuances. Holders may elect to convert shares of Series B Preferred Stock to common stock at an alternate conversion price equal to 80% (or 70% if the Company's common stock is suspended from trading on or delisted from a principal trading market or if the Company has effected a reverse split of the common stock) of the lowest daily volume weighed average price of the common stock during the Alternate Conversion Measuring Period (as defined in the Certificate of Designations). In the event the Company receives a conversion notice that elects an alternate conversion price, the Company may, at its option, elect to satisfy its obligation under such conversion with payment in cash in an amount equal to 110% of the conversion amount. The series B Preferred Stock will automatically convert to common stock upon the 24-month anniversary of the initial issuance date of the Series B Preferred Stock. At any time after the earlier of a holder's receipt of a Triggering Event notice and such holder becoming aware of a Triggering Event and ending on the 20th trading day after the later of (x) the date such Triggering Event is cured and (y) such holder's receipt of a Triggering Event notice, such holder may require the Company to redeem such holder's shares of Series B Preferred Stock. Upon any Bankruptcy Triggering Event (as defined in the Certificate of Designations), the Company will be required to immediately redeem all of the outstanding shares of Series B Preferred Stock. The Company will have the right at any time to redeem all or any portion of the Series B Preferred Stock then outstanding at a price equal to 110% of the stated value plus any accrued but unpaid dividends and other amounts due. Holders of the Series B Preferred Stock will have the right to vote on an as-converted basis with the common stock, subject to the beneficial ownership limitation set forth in the Certificate of Designations. Voting Agreement In connection with the Purchase Agreement, the Company and certain of the Company's stockholders entered into a voting agreement, agreeing to vote their shares of the Company in favor of the transactions contemplated under the Purchase Agreement and against any proposal or other corporate action that would result in a breach of the Purchase Agreement and any transaction document entered in connection therewith. About Biotricity Headquartered in Redwood City, CA, Biotricity Inc. is a medical technology company focused on biometric data monitoring and diagnostic solutions. The Company's aim is to deliver remote monitoring solutions to the medical, healthcare, and consumer markets, with a focus on diagnostic and post-diagnostic solutions for lifestyle and chronic illnesses. Richmond Hill, Ontario, Canada-based SRCO Professional Corporation, the Company's auditor since 2015, issued a "going concern" qualification in its report dated June 29, 2023, citing that the Company has incurred recurring losses from operations, has negative cash flows from operating activities, working capital deficiency and has an accumulated deficit that raise substantial doubt about its ability to continue as a going concern. BLUE STAR: Lind Global Fund II, Two Others Report 9.9% Stake ------------------------------------------------------------ Lind Global Fund II LP, Lind Global Partners II LLC, and Jeff Easton disclosed in a Schedule 13G filed with the Securities and Exchange Commission that as of Sept. 11, 2023, they beneficially owned 425,000 shares of common stock of Blue Star Foods Corp., representing 9.9 percent of the shares outstanding. The reporting persons' ownership consists of (i) 280,000 shares of common stock, (ii) 1,868,228 Pre-funded Warrants, (iii) 2,148,228 A Warrants, (iv) 2,148,228 B Warrants, (v) 50,000 2022 Warrants, (vi) 435,035 May 2023 Warrants, (vii) 175,234 July 2023 Warrants, (viii) shares of common stock issuable to the reporting person pursuant to the 2022 Convertible Security, (ix) shares of common stock issuable to the reporting person pursuant to the May 2023 Convertible Security, and (x) shares of common stock issuable to the reporting person pursuant to the July 2023 Convertible Security; however, due to the exercise limitations of the Warrants and the Convertible Securities, the reporting persons' beneficial ownership has been limited to 425,000 shares in the aggregate. The Warrants and the Convertible Securities each include a provision limiting the holder's ability to exercise the Warrants or Convertible Securities if such exercise would cause the holder to beneficially own greater than 9.99% of the Company. A full-text copy of the regulatory filing is available for free at: https://www.sec.gov/Archives/edgar/data/1730773/000092963823002563/sc13g.htm 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. BRIGHT HEALTH: Agrees With COO to Terminate Employment ------------------------------------------------------ Bright Health Group, Inc. and Jeff Cook, the Company's chief operating officer, have agreed that Mr. Cook will be leaving the Company, effective Oct. 13, 2023. Mr. Cook's duties will be redistributed to other members of the Company's management team. Upon his departure, Mr. Cook will be entitled to receive separation benefits in accordance with the Company's previously disclosed 2021 Severance Plan, as disclosed in a Form 8-K filed by the Company with the Securities and Exchange Commission. About Bright Health Group Headquartered in Minneapolis, MN, Bright Health Group -- www.brighthealthgroup.com -- is a technology enabled, value-driven healthcare company that organizes and operates networks of affiliate care providers to be successful at managing population risk. The Company focuses on serving aging and underserved consumers that have unmet clinical needs through its Fully Aligned Care Model in Florida, Texas and California, some of the largest markets in healthcare where 26% of the U.S. aging population call home. Minneapolis, Minnesota-based Deloitte & Touche LLP, the Company's auditor since 2020, issued a "going concern" qualification in its report dated March 16, 2023, citing that the Company has a history of operating losses and insufficient cash flow to meet its obligations, that raises substantial doubt about its ability to continue as a going concern. BUCKHEAD PROPERTY: Hires Howington as Real Estate Broker -------------------------------------------------------- Buckhead Property Development, LLC seeks approval from the U.S. Bankruptcy Court for the Middle District of Georgia to employ Howington and Burrell Realty as real estate broker. The firm will market and sell the Debtor's real property located at 111 Sweetgum Drive, Milledgeville, Georgia. The firm will be paid a commission of 6 percent of the sales price. Chris Howington, a partner at Howington and Burrell Realty, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Chris Howington Howington and Burrell Realty 1601 N. Jefferson St. Milledgeville, GA 31061 Tel: (478) 453-0079 About Buckhead Property Development, LLC Buckhead Property Development, LLC, a Georgia-based company, filed Chapter 11 petition (Bankr. M.D. Ga. Case No. 23-50755) on June 5, 2023, with $1 million to $10 million in both assets and liabilities. Lloyd Dominick, member, signed the petition. Judge Austin E. Carter oversees the case. The Debtor is represented by William A. Rountree, Esq., at Rountree Leitman Klein & Geer, LLC. CACTUSRV.COM LLC: Christopher Simpson Named Subchapter V Trustee ---------------------------------------------------------------- The U.S. Trustee for Region 14 appointed Christopher Simpson, Esq., at Osborn Maledon P.A. as Subchapter V trustee for CactusRV.com, LLC. Mr. Simpson 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. Simpson declared that he is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Christopher C. Simpson Osborn Maledon, P.A. 2929 N. Central Avenue, 21st Fl. Phoenix, AZ 85012 Phone: (602) 640-9349 Fax: (602) 640-9050 Email: csimpson@omlaw.com About CactusRV.com LLC CactusRV.com, LLC offers a large selection of new and pre-owned toy haulers, travel trailers, and boats. The company is based in Tucson, Ariz. CactusRV.com filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. D. Ariz. Case No. 23-06136) on Sept. 5, 2023, with $8,384,417 in assets and $7,290,539 in liabilities. Phillip E. Delaney, member, signed the petition. Jody A. Corrales, Esq., at Deconcini McDonald Yetwin & Lacy, P.C., represents the Debtor as legal counsel. CAMP DOG: Hires Law Office of Corey B. Beck PC as Counsel --------------------------------------------------------- Camp Dog Inc. dba Camp Bow Wow seeks approval from the U.S. Bankruptcy Court for the District of Nevada to employ The Law Office of Corey B. Beck, P.C. as legal counsel. The firm will render these services: a. institute, prosecute or defend any lawsuits, adversary proceedings and contested matters arising out of the Debtor's Chapter 11 case in which the Debtor may be a party; b. assist in recovery and obtaining court approval for recovery and liquidation of estate assets; c. assist in determining the priorities and status of claims and in filing objections thereto if necessary; d. if applicable, assist in the preparation of a disclosure statement and Chapter 11 plan; e. perform all other legal services necessary to administer the case. The firm will be paid at these rates: Attorney $400 per hour Paralegal $125 per hour The firm will also be reimbursed for out-of-pocket expenses incurred. Corey Beck, Esq., a partner at the Law Office of Corey B. Beck, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Corey B. Beck, Esq. THE LAW OFFICE OF COREY B. BECK, P.C. 425 South Sixth Street Las Vegas, NV 89101 Tel: (702) 678-1999 Fax: (702) 678-6788 Email: becksbk@yahoo.com About Dog Inc. dba Camp Bow Wow Camp Dog Inc. is a dog day care center in Nevada. The Debtor filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. D. Nev. Case No. 23-13510) on Aug. 21, 2023, with $64,348 in assets and $1,482,040 in liabilities. Mari Kaups, president, signed the petition. Corey B. Beck, Esq., at Corey B. Beck, Esq., represents the Debtor as legal counsel. CLEAN ENERGY TECHNOLOGIES: Closes $556,000 Convertible Note Deal ---------------------------------------------------------------- Clean Energy Technologies, Inc. disclosed in a Form 8-K filed with the Securities and Exchange Commission that it closed the transactions contemplated by a Securities Purchase Agreement with Mast Hill, L.P. dated July 18, 2023, pursuant to which the Company issued to Mast Hill a $556,000 Convertible Promissory Note, due July 18, 2024, for a purchase price of $500,400 plus an original issue discount in the amount of $55,600, and an interest rate of 15% per annum. The principal and interest of the Note may be converted in whole or in part at any time on or following the issue date, into common stock of the Company, par value $0.001 share, subject to anti-dilution adjustments and for certain other corporate actions, subject to a beneficial ownership limitation of 4.99% of Mast Hill and its affiliates. The per share conversion price into which principal amount and accrued interest may be converted into shares of Common Stock equals $6.00, subject to adjustment as provided in the Note. Upon an event of default, the Note will become immediately payable, and the Company shall be required to pay a default rate of interest of 15% per annum. At any time prior to an event of default, the Note may be prepaid by the Company at a 150% premium. The Note contains customary representations, warranties and covenants of the Company. The Securities Purchase Agreement provides customary representations, warranties and covenants of the Company and Mast Hill as well as providing Mast Hill with registration rights. Clean Energy Technologies also has filed with the SEC an investor presentation, a copy of which is available at https://tinyurl.com/mwn56mk7 About Clean Energy Headquartered in Costa Mesa, California, Clean Energy Technologies, Inc. -- http://www.cetyinc.com-- designs, produces and markets clean energy products and integrated solutions focused on energy efficiency and renewables. The Company provides waste heat recovery solutions, waste to energy solutions, and engineering, consulting and project management solutions. Spokane, Washington-based Fruci & Associates II, PLLC, the Company's auditor since 2015, issued a "going concern" qualification in its report dated April 17, 2023, citing that the Company has an accumulated deficit, a working capital deficit and negative cash flows from operations. These factors, among others, raise substantial doubt about the Company's ability to continue as a going concern. CLEAR BLUE: Hires Smeberg Law Firm PLLC as Counsel -------------------------------------------------- Clear Blue Pool Supply San Antonio, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to employ The Smeberg Law Firm, PLLC to handle its Chapter 11 case. The firm will be paid at these rates: Ronald J. Smeberg, Esq. $400 per hour Attorneys $400 per hour Associate Attorneys $275 per hour Legal Assistants/Paralegals $140 per hour Accounting Professionals $250 per hour As disclosed in court filings, Smeberg Law Firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Ronald Smeberg, Esq. THE SMEBERG LAW FIRM, PLLC 4 Imperial Oaks San Antonio, TX 78248-1609 Tel: (210) 695-6684 Email: ron@smeberg.com About Clear Blue Pool Supply San Antonio, LLC Clear Blue Pool Supply San Antonio, LLC sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No.23-51217-cag) on September 6, 2023. In the petition filed by Aaron J. Thompson, manager, the Debtor disclosed $100,000 in total assets and $500,000 in estimated liabilities. Ronald Smeberg, Esq., at Smeberg Law Firm, represents the Debtor as legal counsel. COMPLIANCE TESTING: Joseph Cotterman Named Subchapter V Trustee --------------------------------------------------------------- The U.S. Trustee for Region 14 appointed Joseph Cotterman as Subchapter V trustee for Compliance Testing, LLC. Mr. Cotterman will be paid an hourly fee of $500 for his services as Subchapter V trustee and will be reimbursed for work-related expenses incurred. Mr. Cotterman 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 E. Cotterman 5232 W. Oraibi Drive Glendale, AZ 85308 Telephone: 480-353-0540 Email: cottermail@cox.ne About Compliance Testing Compliance Testing, LLC, a company based in Mesa, Ariz., offers clients with the full testing services they need to achieve certification success. It provides worldwide compliance testing for FCC, IC and CE marks. The company is able to offer services for the U.S., Canada, European Union, Australia/New Zealand, Korea, Japan and many other markets. Compliance Testing filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. D. Ariz. Case No. 23-06163) on Sept. 6, 2023, with $628,890 in assets and $5,560,180 in liabilities. Michael C. Schafer, manager, signed the petition. Judge Scott H. Gan oversees the case. Allan D. NewDelman, Esq., at Allan D. NewDelman, P.C. represents the Debtor as legal counsel. CORE CONSTRUCTION: Amy Denton Mayer Named Subchapter V Trustee -------------------------------------------------------------- The U.S. Trustee for Region 21 appointed Amy Denton Mayer as Subchapter V trustee for Core Construction & Development, Inc. 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, FL 33602 Phone: (813)229-0144 Email: amayer@subvtrustee.com About Core Construction & Development Core Construction & Development, Inc. is a site construction company incorporated in Florida with offices in Colorado Springs, Colo., and licensed in many states. Core Construction & Development filed Chapter 11 petition (Bankr. M.D. Fla. Case No. 23-03935) on Sept. 7, 2023, with $2,856,992 in total assets and $5,387,421 in total liabilities. Gregory Lee, president, signed the petition. Judge Catherine Peek McEwen oversees the case. Buddy D. Ford, Esq., at Buddy D. Ford, PA, represents the Debtor as legal counsel. COTY INC: Completes Private Offering of EUR500-Mil. Notes --------------------------------------------------------- Coty Inc., together with its wholly owned subsidiaries, HFC Prestige Products, Inc. and HFC Prestige International U.S. LLC, completed its previously announced offering of 5.750% Senior Secured Notes due 2028 in an aggregate principal amount of EUR500 million in a private offering, the Company disclosed Sept. 19 in a Form 8-K Report filed with the U.S Securities and Exchange Commission. Coty announced the private offering on Sept. 11. Coty said it intends to use the net proceeds from the offering to repay a portion of the borrowings outstanding under its revolving credit facility, without a reduction in commitment. The Company will use cash on hand to pay the offering expenses payable by it in connection with the offering of the Notes. The Notes are senior secured obligations of the Issuers and are guaranteed on a senior secured basis by each of Coty's subsidiaries (other than the Co-Issuers) that guarantee, and are secured by first priority liens on the same collateral that secures, Coty's obligations under its existing senior secured credit facilities and under Coty's existing senior secured notes. The Notes and the guarantees are equal in right of payment with all of the Issuers' and the Guarantors' respective existing and future senior indebtedness and are effectively pari passu with all of the Issuers' and the Guarantors' respective existing and future indebtedness that is secured by a first priority lien on the collateral, including the existing senior secured credit facilities and the existing secured notes, to the extent of the value of such collateral. The collateral security will be released upon the Notes achieving investment grade ratings from two out of three ratings agencies. The Notes and related guarantees were offered and sold in a private offering that was exempt from the registration requirements of the Securities Act of 1933, as amended. The Notes and related guarantees were offered only to persons reasonably believed to be qualified institutional buyers in accordance with Rule 144A under the Securities Act and to non-U.S. persons outside the United States in accordance with Regulation S under the Securities Act. The Notes and related guarantees have not been registered under the Securities Act or the securities laws of any other jurisdiction. Unless so registered, the Notes and related guarantees may not be offered or sold in the United States except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and applicable state securities laws. The Indenture The Notes were issued pursuant to an indenture, dated as of September 19, 2023, among the Issuers, the Guarantors, Deutsche Bank Trust Company Americas, as trustee, registrar and collateral agent and Deutsche Bank AG, London Branch, as paying agent. The Notes will accrue interest at the rate of 5.750% per year and will mature on Sept. 15, 2028. Interest on the Notes will be payable semi-annually in arrears on each March 15 and Sept. 15, commencing on March 15, 2024. The Notes will be redeemable at the option of the Issuers, in whole or in part, at any time on or prior to Sept. 15, 2025 at 100% of the aggregate principal amount thereof plus a "make-whole" premium and accrued and unpaid interest, if any, to, but excluding, the redemption date. The redemption price for the Notes that are redeemed on or after Sept. 15, 2025 will be equal to the redemption prices set forth in the Indenture, together with any accrued and unpaid interest to, but excluding, the redemption date. In addition, the Issuers may redeem up to 40% of the Notes using the proceeds of certain equity offerings completed before Sept. 15, 2025. Upon the occurrence of certain change of control triggering events with respect to a series of Notes, the Issuers will be required to offer to repurchase such Notes at a purchase price equal to 101% of the principal amount thereof plus accrued and unpaid interest, if any, to, but excluding, the purchase date applicable to such Notes. The Indenture contains covenants that limit the ability of the Company and any of its restricted subsidiaries (which include the Co-Issuers) to, among other things: * incur additional indebtedness, guarantee indebtedness or issue disqualified stock or, in the case of such subsidiaries, preferred stock; * pay dividends on, repurchase or make distributions in respect of their capital stock or make other restricted payments; * make certain investments or acquisitions; * sell, transfer or otherwise convey certain assets; * create liens and enter into sale and leaseback transactions; * enter into agreements restricting certain subsidiaries' ability to pay dividends or make other intercompany transfers; * consolidate, merge, sell or otherwise dispose of all or substantially all of the assets of the Company and its restricted subsidiaries; * enter into certain transactions with affiliates; and * prepay certain kinds of indebtedness. The covenants are subject to a number of exceptions and qualifications set forth in the Indenture. In addition, most of these covenants will be suspended, the guarantee of each Guarantor will be suspended and the liens on the collateral will be terminated, for so long as the Notes have investment grade ratings from at least two of Moody's Investors Service, Inc., S&P Global Ratings and Fitch, Inc. and no default has occurred and is continuing. The Indenture also provides for customary events of default. About Cody Inc. Coty Inc., a public company headquartered in New York, NY, is a manufacturer and marketer of fragrance, color cosmetics, and skin and body care products. The company's products are sold in over 150 countries. The company generated roughly $5.6 billion in revenue for the 12-month ending June 30, 2023. Coty is 53% owned by investment firm JAB Holding Company S.a.r.l. (JAB), with the rest publicly traded or owned by management. In September 2023, Moody's Investors Service affirmed all the existing ratings of Coty Inc., including Coty's Ba3 Corporate Family Rating, Ba3-PD Probability of Default Rating, Ba2 ratings on the revolving credit facility and senior secured notes, and the B2 rating on its senior unsecured notes. At the same time, Moody's assigned a Ba2 rating to Coty's proposed EUR500 million senior secured notes due 2028. The SGL-1 speculative grade liquidity rating is unchanged. The rating outlook changed to positive from stable. Proceeds from the new senior secured notes will be used to pay down the outstanding balance of the revolving credit facility. Moody's considers this transaction as leverage neutral but credit positive as it extends the maturity profile at a manageable cash interest cost. The transaction also increases the fixed debt portion in the company's capital structure, reducing the volatility of interest cost in this rising interest rate environment. The affirmation of the ratings reflect that Coty's debt-to-EBITDA remains high at 5.1x for the 12 month ending June 30, 2023. Nevertheless, the company continues to strengthen its balance sheet, including pushing out debt maturities. Coty fully repaid its term loans in August and the next earliest debt maturity is in April 2026. Moreover, the company continues to generate strong free cash flow and focus on reducing financial leverage. CUPPETT PERFORMING: Case Summary & 20 Largest Unsecured Creditors ----------------------------------------------------------------- Debtor: Cuppett Peforming Art Center, Inc. 135 Park Street, SE Vienna, VA 22180 Business Description: The Debtor is a family owned company that offers daily dance classes for children (age 3 and up) and adults are offered in four professionally-equipped studios conveniently located in downtown Vienna. It offers a wide variety of dance classes from the beginner/recreational student to the more serious professional-level dancer. Classes include ballet in the Russian and Italian (Cecchetti) methods, including pointe, as well as tap, jazz, modern, character, lyrical/contemporary, hip hop, acro-dance, and musical theatre. Professional certifications include Dance Masters of America, the Cecchetti Council of America, and Rockette Alumnae. Chapter 11 Petition Date: September 25, 2023 Court: United States Bankruptcy Court Eastern District of Virginia Case No.: 23-11535 Debtor's Counsel: Robert S. Brandt, Esq. THE LAW OFFICE OF ROBERT S. BRANDT 600 Cameron Street Alexandria, VA 22314 Tel: 703-342-7330 Fax: 703-229-4132 Email: brandt@brandtlawfirm.com Estimated Assets: $0 to $50,000 Estimated Liabilities: $1 million to $10 million The petition was signed by Amy Cuppett Stiverson as president. 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/JXO4CTY/Cuppett_Peforming_Art_Center_Inc__vaebke-23-11535__0001.0.pdf?mcid=tGE4TAMA DESERT VALLEY: Seeks to Hire Picker and Associates as Accountant ---------------------------------------------------------------- Desert Valley Steam Carpet Cleaning, L.L.C. seeks approval from the U.S. Bankruptcy Court for the District of Arizona to hire Picker and Associates as its accountant. On Nov. 29, 2022, the Debtor entered into an agreement with Picker to perform a forensic audit and render opinions in connection with the Adversary Action against Atlas Residential LLC as Case No. 2:20-ap-00093-BKM. The Debtor seeks the Court's authority to formally employ Picker to render said forensic audit services and to provide general accounting assistance to the Debtor. Picker has agreed to provide services at its ordinary rates of $275 to 375 per hour. As disclosed in the court filings, Picker has no connection to the Debtor, its creditors, or any other party in interest, or any of their respective attorneys, or any person employed in the office of the United States Trustee and is disinterested as that term is defined in 11 U.S.C. Sec. 101(14). The firm can be reached through: Ralph Picker, CPA Picker & Associates LLC 2 W Delaware Pl UNIT 1301 Chicago, IL 60610 Phone: (847) 757-2055 Email: rp@pickercpa.com About Desert Valley Steam Carpet Cleaning Desert Valley Steam Carpet Cleaning, LLC was formed on Aug. 12, 2005, for the purpose of owning and operating a multi-family housing property located at 603 and 607 North D. St., Eloy, Ariz. Desert Valley Steam Carpet Cleaning sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 20-00570) on Jan. 16, 2020. Judge Brenda K. Martin oversees the case. Randy Nussbaum, Esq., at Sacks Tierney P.A. serves as the Debtor's legal counsel. DIGITAL MEDIA: Appoints Elizabeth LaPuma as Director ---------------------------------------------------- The board of directors of Digital Media Solutions, Inc. appointed Ms. Elizabeth LaPuma as a director of the Company. Ms. LaPuma was also appointed to the boards of directors of Digital Media Solutions, LLC, an indirect subsidiary of the Company, and Digital Media Solutions Holdings, LLC, an indirect subsidiary of the Company and the parent of DMS LLC. The appointments to the subsidiary boards of directors were undertaken pursuant to the terms of the senior secured credit facility to which DMSH LLC and DMS LLC are parties. The Board has not yet determined the committees upon which Ms. LaPuma will serve. Ms. LaPuma brings over two decades of financial advisory and board expertise across diverse industries. Ms. LaPuma currently sits on boards across fintech, artificial intelligence, healthcare, consumer and real estate sectors, including Enterra Solutions, a private market-leading industrial scale artificial intelligence value chain solutions provider, Surgalign Holdings Inc., a public healthcare company, Roundhill Capital Partners, a private real estate fund, Ventura Capital, a private equity firm, and WeWork Inc., a leading global flexible space provider where she also chairs the Audit Committee and is on the Compensation and Governance Committees. Ms. LaPuma is also expected to join the board of directors of Farenheit. Prior to these roles, Ms. LaPuma was a managing director and Head of Balance Sheet Advisory at UBS from 2020 to 2023. Prior to UBS, she was a managing director and head of Asset Management Services at Alvarez & Marsal from 2013 to 2020, advising governments and financial institutions on diverse assets. Ms. LaPuma's earlier career includes roles at BlackRock, Lazard Freres & Co. LLC, Credit Suisse and Perella Weinberg Partners L.P. Ms. LaPuma received her Masters of Business Administration in Finance as a Palmer Scholar, Bachelor of Science in Finance and Bachelor of Arts in International Relations (Magna Cum Laude) from the Wharton School and The School of Arts and Sciences at the University of Pennsylvania. About Digital Media Headquartered in Clearwater, Florida, Digital Media Solutions, Inc. (NYSE: DMS) -- @ 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 Sept. 1, 2023, 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 said 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. ELEVATE TEXTILES: $250MM Bank Debt Trades at 18% Discount --------------------------------------------------------- Participations in a syndicated loan under which Elevate Textiles Inc is a borrower were trading in the secondary market around 82.5 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $250 million facility is a payment-in-kind Term loan that is scheduled to mature on September 30, 2027. The amount is fully drawn and outstanding. Elevate Textiles, Inc. manufactures and supplies textile products worldwide. ESCO LTD: Amends Plan; Confirmation Hearing Nov. 15 --------------------------------------------------- ESCO, Ltd., submitted a Revised Combined Disclosure Statement and Chapter 11 Plan of Liquidation dated September 19, 2023. The Plan, if confirmed, will establish the Liquidating Trust, by and through which the Liquidating Trustee will marshal the Assets of the Estate, review and object to the Claims, analyze and litigate Causes of Action, and make Distributions to Holders of Allowed Claims. The Debtor estimates that it has approximately $16 million of outstanding unsecured debt, which is comprised mostly of trade debt due to vendors. For the avoidance of doubt, the unsecured debt was not deemed satisfied pursuant to the Final DIP Order and remains outstanding. Shortly after the Petition Date, the Debtor, with the assistance of the Store Closing Consultant, commenced going out of business, store closing, everything must go, and similarly themed sales of the Debtor's assets and inventory at all 39 retail locations pursuant to the Bankruptcy Court's interim, and then final approval of its proposed store closing procedures. As a result of these sales, the Debtor increased the value of its Estate by approximately $11,500,000.00. The Revised Disclosure Statement does not alter the proposed treatment for unsecured creditors and the equity holder: * Class 2 consists of General Unsecured Claims. Each Holder of an Allowed General Unsecured Claim shall receive a Liquidating Trust Interest, which shall entitle each Holder thereof to its pro rata share of Liquidating Trust Assets after satisfaction in full of all Allowed Administrative Claims, Allowed Professional Fee Claims, Allowed Priority Tax Claims, Allowed Priority Non-Tax Claims, and Liquidating Trust Expenses. * Holders of Class 3 Interests shall not receive or retain any property or interest in property on account of such Interests, such Interests shall be cancelled, extinguished, and discharged upon the Effective Date of the Plan, and the Holders of Class 3 Interests shall take nothing under the Plan. From and after the Effective Date, the Debtor for all purposes shall be deemed to have dissolved and withdrawn its business operations from any state or country in which it was previously conducting, or is registered or licensed to conduct, its business operations, and shall not be required to File any document, pay any sum or take any other action, in order to effectuate such dissolution and withdrawal, provided, however, the Debtor, with the consent of the Liquidating Trustee, may elect to delay the dissolution of the Debtor beyond the Effective Date, if they determine such delay is in the best interest of the Liquidating Trust and the Liquidating Trust Beneficiaries. In the event that the dissolution of the Debtor is delayed beyond the Effective Date, the Liquidating Trustee shall dissolve such Debtor as soon as reasonably practical. On the Effective Date, the Debtor shall irrevocably transfer and shall be deemed to have irrevocably transferred, all right, title, and interest in and to the Liquidating Trust Assets to the Liquidating Trust, which Liquidating Trust Assets shall automatically vest in the Liquidating Trust free and clear of all Claims, liens, charges, other encumbrances, or Interests, except for the obligations under this Plan. On and after the Effective Date, the Liquidating Trust, acting by and through the Liquidating Trustee, may use, acquire, and dispose of Assets and compromise or settle any Claims or Causes of Action without supervision or approval by the Bankruptcy Court and free of any restrictions of the Bankruptcy Code or Bankruptcy Rules, other than those restrictions imposed by the Plan or the Confirmation Order. The Confirmation Hearing has been scheduled for November 15, 2023 at 10:00 a.m. before the Honorable Chief Judge David E. Rice in Courtroom 9-D, 101 W. Lombard St., Baltimore, MD 21201 to consider final approval of the Plan and Confirmation of the Plan. Any objection to final approval of the Combined Disclosure Statement and Plan must be filed on or before November 6, 2023, at 4:00 p.m. A full-text copy of the Revised Combined Disclosure Statement and Plan dated September 19, 2023 is available at https://urlcurt.com/u?l=j9R5yG from Stretto, Inc., claims and noticing agent. Counsel to the Debtor: Christopher A. Ward, Esq. Polsinelli PC 222 Delaware Ave., Suite 1101 Wilmington, DE 19801 Telephone: (302) 252-0920 Facsimile: (302) 252-0921 Email: cward@polsinelli.com About ESCO Ltd. ESCO, Ltd., a retailer of apparel and footwear in Gwynn Oak, Md., filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No. 23-12237) on March 31, 2023. In the petition signed by its chief restructuring officer, Stanley W. Mastil, the Debtor disclosed $10 million to $50 million in both assets and liabilities. The Debtor tapped Polsinelli PC as bankruptcy counsel and Gavin/Solmonese, LLC as restructuring advisor. Mr. Mastil of Gavin/Solmonese serves as the Debtor's chief restructuring officer. Stretto, Inc. is the Debtor's claims and noticing agent and administrative advisor. The U.S. Trustee for Region 4 appointed an official committee to represent unsecured creditors in the Debtor's Chapter 11 case. Kelley Drye & Warren LLP, Cole Schotz P.C., and Berkeley Research Group LLC serve as bankruptcy counsel, local counsel and financial advisor, respectively. FORWARD AIR: S&P Rates New $925MM Senior Secured Notes 'BB-' ------------------------------------------------------------ S&P Global Ratings assigned its 'BB-' issue-level rating and '3' recovery rating to U.S.-based freight services provider Forward Air Corp.'s proposed $925 million senior secured notes due 2031. The '3' recovery rating indicates S&P's expectation for substantial (50%-70%; rounded estimate: 60%) recovery in its simulated default scenario. The notes will rank pari passu to the company's proposed $925 million term loan B due 2030 and proposed $400 million revolving credit facility (undrawn) due 2028. The additional debt proceeds will be used to partially fund the acquisition of Omni Logistics LLC which we expect to close before the end of 2023. All of S&P's other ratings on Forward are unchanged as S&P views the transaction as leverage neutral. ISSUE RATINGS – RECOVERY ANALYSIS Key analytical factors -- S&P assigned a 'BB-' issue-level rating to the company's proposed $925 million senior secured notes with a '3' recovery rating (rounded estimate: 60%) indicating meaningful recovery (50%-70%) in the event of payment default. -- S&P also rate the proposed $925 million first-lien term loan 'BB-', reflecting a '3' recovery rating (rounded estimate: 60%) -- S&P's simulated default scenario contemplates a payment default in 2027 amid a sustained cyclical economic downturn that leads to a significant decline in industrial production and demand for LTL transportation. This results in lower revenue and margin pressure, leading to a payment default. -- S&P values the company as a going concern using the industry standard 5.0x multiple of the projected EBITDA. -- S&P assumes 85% of the revolver is drawn in a default scenario. Simulated default assumptions -- Year of default: 2027 -- EBITDA at emergence: $298 million -- EBITDA multiple: 5.0x Simplified waterfall -- Net enterprise value (after 5% administrative costs): $1.4 billion -- Valuation split (obligors/nonobligors): 80%/20% -- Collateral value available to first-lien creditors: $1.3 billion -- Total first-lien debt: $2.2 billion --Recovery expectations: 50%-70% (rounded estimate: 60%) Note: All debt amounts include six months of prepetition interest. GELESIS HOLDINGS: Issues Additional $1.5M Note to PureTech ---------------------------------------------------------- Gelesis Holdings Inc., Gelesis Inc. and their subsidiaries party to the Note and Warrant Purchase Agreement dated Feb. 21, 2023 have entered into Amendment No. 4 to the agreement pursuant to which PureTech Health LLC, the initial investor, was issued an additional note in the principal amount of $1.5 million, according to a Form 8-K filed by Gelesis Holdings with the Securities and Exchange Commission on Sept. 20, 2023. The Note and Warrant Purchase Agreement allows Gelesis Holdings and Gelesis Inc. to issue convertible senior secured promissory notes to purchase shares of common stock, par value $0.0001, of Gelesis Holdings. For an aggregate cash purchase price of $10.35 million, Gelesis Holdings and Gelesis Inc. issued to PureTech Health $10.35 million aggregate principal amount of notes, together with warrants to purchase an aggregate of 259,129,542 shares of common stock. The notes, including the additional $1.5 million note, have not been and will not be registered under the Securities Act of 1933, as amended, and are issued in reliance on the exemption from registration provided by Section 4(a)(2) of the Securities Act and/or Regulation D promulgated thereunder, and on similar exemptions under applicable state laws. The Note and Warrant Purchase Agreement, as amended, provides for registration rights with respect to all shares of common stock issuable upon conversion of the notes and upon exercise of the warrants pursuant to which Gelesis Holdings is required to file a shelf registration statement under the Securities Act to register such shares for resale. About Gelesis Headquartered in Boston, Massachusetts, Gelesis is a commercial stage biotherapeutics company focused on advancing first-in-class superabsorbent hydrogel therapeutics for chronic gastrointestinal, or GI, diseases including excess weight, type 2 diabetes, non-alcoholic fatty liver disease/non-alcoholic steatohepatitis, functional constipation, and inflammatory bowel disease. Boston, Massachusetts-based KPMG LLP, the Company's auditor since 2015, issued a "going concern" qualification in its report dated March 28, 2023, citing that the Company has suffered recurring losses and cash flows from operations that raise substantial doubt about its ability to continue as a going concern. GIBSON BRANDS: $300MM Bank Debt Trades at 16% Discount ------------------------------------------------------ Participations in a syndicated loan under which Gibson Brands Inc is a borrower were trading in the secondary market around 83.8 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $300 million facility is a Term loan that is scheduled to mature on August 13, 2028. The amount is fully drawn and outstanding. Gibson Brands, Inc. is an American manufacturer of guitars, other musical instruments, and professional audio equipment from Kalamazoo, Michigan, and now based in Nashville, Tennessee. GLOBAL FOOD: EUR245MM Bank Debt Trades at 18% Discount ------------------------------------------------------ Participations in a syndicated loan under which Global Food Solutions Sarl is a borrower were trading in the secondary market around 81.8 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The EUR245 million facility is a Term loan that is scheduled to mature on February 11, 2028. About EUR0 million of the loan is withdrawn and outstanding. Global Food Solutions is a progressive food service partner, uniquely positioned to create affordable and inspired foods. GRUPO HIMA: Seeks to Hire Hilco Real Estate as Real Estate Broker ----------------------------------------------------------------- Grupo Hima San Pablo, Inc. and its affiliates seek approval from the U.S. Bankruptcy Court for the District of Puerto Rico to employ Hilco Real Estate, LLC as their real estate broker. Hilco will render these services: a. meet with Debtors to ascertain Debtors goals, objectives and financial parameters; b. assemble relevant demographic and market information relating to the property; c. inspect the properties and determine an initial range of property values to be discussed with the Debtors, and delivered in a report form that is mutually agreeable to Hilco and the Debtors; d. make periodic conference calls and other correspondence to discuss specific information regarding the Properties and any other issue reasonably requested by the Debtors. e. mutually agree with the Debtors with respect to a strategic plan for the sale of the properties, which will include managing the bid sales process on a date to be determined and mutually agreed by the parties; f. negotiate the terms of purchase and sale agreements for the Properties, in accordance with the Strategy, on the Debtors' behalf; g. provide written status reports periodically to the Debtors regarding the status of such negotiations; and h. assist the Debtors in closing the pertinent Property purchase and sale agreements. Hilco received a retainer in the amount of $50,000. Hilco shall earn a fee equal to 5 percent of the gross sale proceeds. As disclosed in the court filings, Hilco and its members and employees are disinterested persons as defined in 11 U.S.C. Sec. 101(14). The firm can be reached through: Sarah K. Baker Hilco Real Estate, LLC 5 Revere Dr., Suite 206 Northbrook, IL 60062 Email: sbaker@hilcoglobal.com About Grupo Hima San Pablo, Inc. Grupo HIMA San Pablo, Inc. serves as a diversified healthcare services holding Debtors pursuant to a corporate reorganization of several businesses related by common ownership. Through its subsidiaries and affiliates, the Debtors primarily owns and operates hospital facilities and other healthcare related businesses. As of August 2023, the HIMA GROUP operates four hospitals, with over 1,200 licensed beds, including an Oncological Hospital, a multi-specialty physician practice management Debtors, Home Care Service (including infusion therapies and wound care), a free-standing Ambulatory Center and a 16-Ambulance Service Debtors. The Debtor sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. P.R. Case No. 23-02510-EAG11) on August 15, 2023. In the petition signed by Armando J. Rodriguez-Benitez, chief executive officer, the Debtor disclosed up to $1 billion in assets and up to $500,000 in liabilities. Judge Enrique S. Lamoutte Inclan oversees the case. Wigberto Lugo Mender, Esq., at Lugo Mender Group, LLC, represents the Debtor as legal counsel. Pietrantoni Mendez & Alvarez LLC as special counsel. HEART HEATING: Hires JP Ward Appraisals as Vehicle Appraiser ------------------------------------------------------------ Heart Heating & Cooling, LLC seeks approval from the U.S. Bankruptcy Court for the District of Colorado to employ JP Ward Appraisals as vehicle appraiser. The firm will provide an opinion as to the fair market and liquidation value of the Debtor's vehicle. The firm will be paid $3,500 for the appraisal. BJ Voss, a member at JP Ward Appraisals, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: William BJ Voss JP Ward Appraisals 8183 West 22nd Way Lakewood, CO 80214 Tel: (303) 233-4400 About Heart Heating & Cooling, LLC Heart Heating & Cooling, LLC is a HVAC contractor in Colorado Springs, Colorado. The Debtor sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case No. 23-13019) on July 11, 2023. In the petition signed by Robert M. Townsend, chief executive officer, the Debtor disclosed $2,676,312 in assets and $11,173,434 in liabilities. Judge Thomas B. McNamara oversees the case. K. Jamie Buechler, Esq., at Buechler Law Office, LLC, represents the Debtor as legal counsel. HELIUS MEDICAL: Andreeff Entities Report 10.5% Equity Stake ----------------------------------------------------------- Dane Andreeff filed Amendment No. 5 to a Schedule 13D Report with the Securities and Exchange Commission to disclose that on Aug. 28 and 30, 2023, affiliates of Dane Andreeff purchased respective totals of 5,078 and 5,000 shares of Common Stock of Helius Medical Technologies, Inc. in the open market for respective aggregate purchase prices of $32,338.74 and $38,211.50 ($6.3684 and $7.6423 per share of Common Stock respectively). The securities acquired were purchased with working capital of Maple Leaf Partners, L.P., Maple Leaf Partners I, L.P., Maple Leaf Partners Discovery I, L.P., and Maple Leaf Offshore, Ltd. Mr. Andreeff is the managing member of Maple Leaf Capital, which is the general partner of each of MLP, MLPI and MLD. Mr. Andreeff is the president of the managing member of Andreeff Equity Advisors, LLC, the investment manager of MLO. As a result of the transactions, the Andreeff entities may be deemed to beneficially own an aggregate of 59,597 shares or about 10.5% of the Helius Medical common stock. The Andreeff entities attest that as of the filing of Amendment No. 5 to Schedule 13D, they do not have any plans or proposals which relate to or would result in any of these actions: * the acquisition by any person of additional securities of the Issuer, or the disposition of securities of the Issuer; * an extraordinary corporate transaction, such as a merger, reorganization or liquidation, involving the Issuer or any of its subsidiaries; * a sale or transfer of a material amount of assets of the Issuer or any of its subsidiaries; * any change in the present board of directors or management of the Issuer, including any plans or proposals to change the number or term of directors or to fill any existing vacancies on the board; * any material change in the present capitalization or dividend policy of the Issuer; * any other material change in the Issuer's business or corporate structure; * changes in the Issuer's charter, bylaws, or instruments corresponding thereto or other actions which may impede the acquisition of control of the Issuer by any person; * causing a class of securities of the Issuer to be delisted from a national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation system of a registered national securities association; * a class of equity securities of the Issuer becoming eligible for termination of registration pursuant to Section 12(g)(4) of the Act; or * any action similar to any of those enumerated. They, however, admit that, subject to market and general economic conditions, the requirements of federal or state securities laws and other factors, they may purchase additional shares of Common Stock in the open market, in privately negotiated transactions or otherwise, or sell at any time all or a portion of the shares of Common Stock now owned or hereafter acquired by them to one or more purchasers. About Helius Medical Helius Medical Technologies, Inc. -- http://www.heliusmedical.com -- is a neurotech company in the medical device field focused on neurologic deficits using orally applied technology platform that amplifies the brain's ability to engage physiologic compensatory mechanisms and promote neuroplasticity, improving the lives of people dealing with neurologic diseases. Helius Medical reported a net loss of $14.07 million for the year ended Dec. 31, 2022, compared to a net loss of $18.13 million for the year ended Dec. 31, 2021. As of March 31, 2023, the Company had $13.75 million in total assets, $7.69 million in total liabilities, and $6.07 million in total stockholders' equity. Minneapolis, Minnesota-based Baker Tilly US, LLP, the Company's auditor since 2022, issued a "going concern" qualification in its report dated March 9, 2023, citing that the Company has recurring losses from operations, an accumulated deficit, expects to incur losses for the foreseeable future and requires additional working capital, thus raising substantial doubt about the Company's ability to continue as a going concern. HERTZ CORP: President and COO Stone Steps Down ---------------------------------------------- Hertz Global Holdings, Inc. disclosed in a Form 8-K Report filed with the Securities and Exchange Commission that Paul Stone, who serves as President and Chief Operations Officer of Hertz Global and President and Chief Operating Officer, and a member of the board of directors, of The Hertz Corporation has informed Hertz of his intent to resign from these positions, effective September 30 to pursue other opportunities. Stone will remain with Hertz in a non-executive capacity through October 31, 2023, to facilitate a transition of his duties. About Hertz Corp Hertz Corp. and its subsidiaries -- http://www.hertz.com/-- operate a worldwide vehicle rental business under the Hertz, Dollar, and Thrifty brands, with car rental locations in North America, Europe, Latin America, Africa, Asia, Australia, the Caribbean, the Middle East, and New Zealand. They also operate a vehicle leasing and fleet management solutions business. On May 22, 2020, The Hertz Corporation and certain of its U.S. and Canadian subsidiaries and affiliates filed voluntary petitions for reorganization under Chapter 11 in the U.S. Bankruptcy Court for he District of Delaware (Bankr. D. Del. Case No. 20-11218). Judge Mary F. Walrath oversaw the cases. Hertz Global and its subsidiaries emerged from Chapter 11 bankruptcy at the end of June 2021. Hertz won approval of a Plan of Reorganization that unimpaired all classes of creditors (who are legally deemed to have accepted it) and was approved by more than 97% of voting shareholders. The Plan provided for the existing shareholders to receive more than $1 billion of value. Hertz's Plan eliminated over $5 billion of debt, including all of Hertz Europe's corporate debt, and will provide more than $2.2 billion of global liquidity to the reorganized Company. Hertz also emerged with (i) a new $2.8 billion exit credit facility consisting of at least $1.3 billion of term loans and a revolving loan facility, and (ii) an $7 billion of asset-backed vehicle financing facility, each on favorable terms. HORIZON FABRICATION: Mark Politan Named Subchapter V Trustee ------------------------------------------------------------ The U.S. Trustee for Regions 3 and 9 appointed Mark Politan, Esq., at Politan Law, LLC, as Subchapter V trustee for Horizon Fabrication Systems, LLC. Mr. Politan 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. Politan 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 J. Politan, Esq. Politan Law, LLC 88 East Main Street #502 Mendham, NJ 07945 Cell: (973) 768-6072 Email: mpolitan@politanlaw.com About Horizon Fabrication Horizon Fabrication Systems, LLC, doing business as The Rubicon Companies, filed Chapter 11 petition (Bankr. D.N.J. Case No. 23-17609) on Aug. 31, 2023, with as much as $50,000 in assets and liabilities. Douglas J. McGill, Esq., at Webber Mcgill, LLC represents the Debtor as legal counsel. HOUGHTON MIFFLIN: $390MM Bank Debt Trades at 19% Discount --------------------------------------------------------- Participations in a syndicated loan under which Houghton Mifflin Harcourt Co is a borrower were trading in the secondary market around 81.5 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $390 million facility is a Term loan that is scheduled to mature on April 7, 2030. The amount is fully drawn and outstanding. Houghton Mifflin is one of the top three K-12 textbook market publishers. HOUSEWORX INVESTMENTS: Kevin O'Rourke Named Subchapter V Trustee ---------------------------------------------------------------- The Acting U.S. Trustee for Region 18 appointed Kevin O'Rourke as Subchapter V trustee for Houseworx Investments, LLC. Mr. O'Rourke will be paid an hourly fee of $395 for his services as Subchapter V trustee and will be reimbursed for work-related expenses incurred. Mr. O'Rourke declared that he is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Kevin O'Rourke W. 421 Riverside Ave., Ste. 960 Spokane, WA 99201 Phone: 509-624-0159 Email: Kevin@SouthwellOrourke.com About Houseworx Investments Houseworx Investments, LLC owns six properties in Arlington and Camano Island, Wash., with a total value of $2.71 million. The Debtor filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. E.D. Wash. Case No. 23-01125) on Sept. 6, 2023, with $3,455,000 in assets and $3,163,548 in liabilities. Douglas A. Schreifels, member, signed the petition. Judge Whitman L Holt oversees the case. David A. Kazemba, Esq., at Overcast Law Offices - NCW, PLLC represents the Debtor as bankruptcy counsel. IBIO INC: Unit Inks Sixth Amendment to Woodforest Credit Agreement ------------------------------------------------------------------ iBio CDMO LLC, a subsidiary of iBio, Inc., and Woodforest National Bank entered into the Sixth Amendment to that certain Credit Agreement, dated Nov. 1, 2021, as previously amended as of Oct. 11, 2022, Feb. 9, 2023, Feb. 20, 2023, March 24, 2023 and May 10, 2023, to amend the Credit Agreement to: (i) set the maturity date of the term loan to the earlier of (a) Dec. 31, 2023, or (b) the acceleration of maturity of the term loan in accordance with the Credit Agreement, (ii) provide that iBio CDMO will, immediately upon receipt of the proceeds of the sale of the Property, apply the net proceeds to satisfy all outstanding obligations under the term loan, and to the extent such net proceeds are sufficient, to pay off the term loan, and (iii) change the annual filing requirement solely for the fiscal year ending June 30, 2023, such that the filing is acceptable with or without a "going concern" designation; provided that (a) iBio CDMO shall deliver an executed copy of the Purchase and Sale Agreement for the sale of the Facility within one business day after entry into the Sixth Amendment, and (b) if the Facility is not sold on or before Dec. 1, 2023, iBio CDMO will pay a fee in the amount of $20,000 upon the earlier of the date of the closing or the maturity date. About iBio Inc. iBio, Inc. -- http://www.ibioinc.com-- is a developer of next-generation biopharmaceuticals using its proprietary Artificial Intelligence-Driven Discovery Platform and FastPharming Manufacturing System. The Company focused its technologies on the research and development of novel products at its Drug Discovery Center in California. The Company is currently using its FastPharming Manufacturing System and Glycaneering Technologies to develop its portfolio of proprietary biologic drug candidates. iBio reported a net loss attributable to the Company of $50.30 million for the year ended June 30, 2022, a net loss attributable to the Company of $23.21 million for the year ended June 30, 2021, a net loss attributable to the company of $16.44 million for the year ended June 30, 2020, and a net loss attributable to the Company of $17.59 million for the year ended June 30, 2019. As of March 31, 2023, the Company had $44.38 million in total assets, $26.99 million in total liabilities, and $17.39 million in total stockholders' equity. Holmdel, New Jersey-based CohnReznick LLP, the Company's auditor since 2010, issued a "going concern" qualification in its report dated Oct. 11, 2022, citing that the Company has suffered recurring losses from operations and negative cash flows from operating activities for the years ended June 30, 2022 and 2021 and has an accumulated deficit as of June 30, 2022. These matters, among others, raise substantial doubt about its ability to continue as a going concern. IBIO INC: Unit Signs $17.25M Property Purchase Deal With Majestic ----------------------------------------------------------------- iBio, Inc. disclosed in a Form 8-K filed with the Securities and Exchange Commission that iBio CDMO LLC, a subsidiary of Company, entered into a purchase and sale agreement, dated as of Sept. 15, 2023 with Majestic Realty Co., a California corporation. Under the deal, iBio CDMO agreed to sell to Majestic Realty its cGMP biologics manufacturing facility located in Bryan, TX consisting of: (i) the ground leasehold estate and interest held under the Ground Lease Agreement, dated March 8, 2010, as amended by an Estoppel Certificate and Amendment to Ground Lease Agreement, dated as of Dec. 22, 2015, between iBio CDMO (as assignee from College Station Investors LLC) and The Board of Regents of the Texas A&M University System, related to 21.401 acres in Brazos County, Texas land); (ii) the buildings, parking areas, improvements, and fixtures situated on the Land; (iii) all iBio CDMO's right, title, and interest in and to furniture, personal property, machinery, apparatus, and equipment owned and currently used in the operation, repair and maintenance of the Land and Improvements and situated thereon; (iv) all iBio CDMO's rights under the contracts and agreements relating to the operation or maintenance of the Land, Improvements or Personal Property which extend beyond the closing date; and (v) all iBio CDMO's rights in intangible assets of any nature relating to any or all of the Land, the Improvements and the Personal Property. The Purchase and Sale Agreement provides that the Property will be sold to Majestic Realty for a purchase price of $17,250,000. The closing of the sale of the Property is to occur, with time being of the essence, on Dec. 1, 2023, or such other date as mutually agreed. Pursuant to the terms of the Purchase and Sale Agreement, Majestic Realty deposited with a title company $200,000 as an earnest money deposit. Majestic Realty will also be afforded access to the Property to conduct a due diligence review of its condition. The closing is subject to certain closing conditions, including: (i) Majestic Realty's delivery to iBio CDMO and the Escrow Agent of written notice of its approval of the condition of the Property on or before 5:00 p.m. Central time on Oct. 16, 2023; (ii) Majestic Realty obtaining the approval of The Board of Regents of the Texas A&M University System of Majestic Realty's purchase from it of the fee interest in the Land on or before 5:00 p.m. Central time on Nov. 13, 2023; and (iii) the delivery at closing by the title company of a title policy to Majestic Realty in the amount of the Purchase Price. The Company said there can be no assurance that the closing conditions for the sale of the Property will be satisfied. If the Property Approval Notice is not given prior to the Due Diligence Deadline or Majestic Realty is unable to obtain the TAMU Approval by the TAMU Approval Deadline, Majestic Realty will be deemed to have elected to terminate the Purchase and Sale Agreement. About iBio Inc. iBio, Inc. -- http://www.ibioinc.com-- is a developer of next-generation biopharmaceuticals using its proprietary Artificial Intelligence-Driven Discovery Platform and FastPharming Manufacturing System. The Company focused its technologies on the research and development of novel products at its Drug Discovery Center in California. The Company is currently using its FastPharming Manufacturing System and Glycaneering Technologies to develop its portfolio of proprietary biologic drug candidates. iBio reported a net loss attributable to the Company of $50.30 million for the year ended June 30, 2022, a net loss attributable to the Company of $23.21 million for the year ended June 30, 2021, a net loss attributable to the company of $16.44 million for the year ended June 30, 2020, and a net loss attributable to the Company of $17.59 million for the year ended June 30, 2019. As of March 31, 2023, the Company had $44.38 million in total assets, $26.99 million in total liabilities, and $17.39 million in total stockholders' equity. Holmdel, New Jersey-based CohnReznick LLP, the Company's auditor since 2010, issued a "going concern" qualification in its report dated Oct. 11, 2022, citing that the Company has suffered recurring losses from operations and negative cash flows from operating activities for the years ended June 30, 2022 and 2021 and has an accumulated deficit as of June 30, 2022. These matters, among others, raise substantial doubt about its ability to continue as a going concern. INDUSTRIAL AUTHORITY: Hires Kaplan Johnson Abate as Counsel ----------------------------------------------------------- The Industrial Authority of Mayfield-Graves County seeks approval from the U.S. Bankruptcy Court for the Western District of Kentucky to hire Kaplan Johnson Abate & Bird as its counsel. The firm's services include: a. giving legal advice with respect to the Debtor's powers and duties as debtor in possession in the continued management of its financial affairs and estate assets; b. taking all necessary action to protect and preserve the estate, including the prosecution of actions on behalf of the Debtor, the defense of any actions commenced against the Debtor, negotiations concerning all litigation in which the Debtor is involved, if any, and objecting to claims filed against the Debtor's estate; c. preparing on behalf of the Debtor all necessary motions, answers, orders, reports and other legal papers in connection with the administration of the Debtor's estate; and d. performing any and all other legal services for the Debtor in connection with this chapter 11 case and the formulation and implementation of the Debtor's chapter 11 plan. The firm will be paid at these rates: Attorneys $240 to $595 per hour Paraprofessionals $100 per hour The firm will be paid a retainer in the amount of $15,000. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Charity S. Bird, Esq., a partner at Kaplan Johnson Abate & Bird LLP, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Charity S. Bird, Esq. KAPLAN JOHNSON ABATE & BIRD LLP 710 West Main Street Fourth Floor Louisville, KY 40202 Tel: (502) 540-8285 Fax: (502) 540-8282 Email: cbird@kaplanjohnsonlaw.com About The Industrial Authority of Mayfield-Graves County The Industrial Authority of Mayfield-Graves County filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Kentucky Case No. 23-50409) on Sep. 4, 2023. The petition was signed by Darvin D. Towery as chairman. At the time of filing, the Debtor estimated $10 million to $50 million in both assets and liabilities. Charity S. Bird, Esq. at KAPLAN JOHNSON ABATE & BIRD LLP represents the Debtor as counsel. IRONNET INC: Delays Form 10-Q Filing; Warns of Possible Bankruptcy ------------------------------------------------------------------ IronNet, Inc. said in a Form 12b-25 filed with the Securities and Exchange Commission that it was unable to file its Quarterly Report on Form 10-Q for the quarter ended July 31, 2023 within the prescribed time period without unreasonable effort and expense. "The Company furloughed almost all of the Company's employees and substantially curtailed the Company's business operations until such time that the Company has sufficient operating liquidity to rehire a portion of the furloughed employees and to resume business operations. The Furlough and curtailment of business activities constituted an event of default under the Company's outstanding indebtedness for borrowed money," said IronNet in the SEC filing. According to IronNet, based on its current operations, in the absence of additional sources of liquidity, management anticipates that the Company's existing cash and cash equivalents and anticipated cash flows from operations will not be sufficient to meet the Company's operating and liquidity needs for any meaningful period of time after the date of this Form 12b-25. As a result, there is substantial doubt about the Company's ability to continue as a going concern. The Company said that in the event the Company determines that additional sources of liquidity will not be available to it or will not allow it to meet its obligations as they become due, the Company may need to file for bankruptcy protection in order to implement a plan of reorganization, court-supervised sale and/or liquidation of the Company. "The Furlough, the curtailment of the Company's business operations and management's focus on raising additional capital have caused a delay in the Company's ability to complete and file the Q2 2023 10-Q by the required deadline without unreasonable effort and expense. The Company does not expect to be able to file the Q2 2023 10-Q within five calendar days of the prescribed due date," the Company added. About IronNet Founded in 2014 and headquartered in McLean, VA, IronNet, Inc. (NYSE: IRNT) -- www.ironnet.com -- is a global cybersecurity company that is transforming how organizations secure their networks by delivering the first-ever collective defense platform operating at scale. Employing a number of former NSA cybersecurity operators with offensive and defensive cyber experience, IronNet integrates deep tradecraft knowledge into its industry-leading products to solve the most challenging cyber problems facing the world today. IronNet reported a net loss of $111.01 million for the fiscal year ended Jan. 31, 2023, compared to a net loss of $242.65 million for the fiscal year ended Jan. 31, 2022. As of Jan. 31, 2023, the Company had $33.66 million in total assets, $68.38 million in total liabilities, and a total stockholders' deficit of $34.72 million. IXS HOLDINGS: $600MM Bank Debt Trades at 17% Discount ----------------------------------------------------- Participations in a syndicated loan under which IXS Holdings Inc is a borrower were trading in the secondary market around 82.7 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $600.1 million facility is a Term loan that is scheduled to mature on March 5, 2027. The amount is fully drawn and outstanding. IXS Holding, Inc., headquartered in Huntsville, Ala., is a parent company of Innovative Accessories & Services LLC. Through its subsidiaries, IXS provides protective coatings for pick-up truck beds, as well as a wide range of other up-fit services and accessories to automotive manufacturers. JEWEL STONE: Kathleen DiSanto Named Subchapter V Trustee -------------------------------------------------------- The U.S. Trustee for Region 21 appointed Kathleen DiSanto, Esq., at Bush Ross, P.A., as Subchapter V trustee for Jewel Stone Title Insurance Agency, LLC. Ms. DiSanto 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. DiSanto declared that she is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Kathleen L. DiSanto, Esq. Bush Ross, P.A. P.O. Box 3913 Tampa, FL 33601-3913 Phone: (813) 224-9255 Fax: (813) 223-9620 Email: disanto.trustee@bushross.com About Jewel Stone Jewel Stone Title Insurance Agency, LLC, a company in Fort Myers, Fla., filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 23-01073) on Sept. 7, 2023, with $100,000 to $500,000 in assets and $1 million to $10 million in liabilities. Tim Diesel, president, signed the petition. Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, P.A. represents the Debtor as legal counsel. JOHNSON SCOTT: Hires eXp Realty LLC as Real Estate Broker --------------------------------------------------------- Johnson Scott Property Management, LLC seeks approval from the U.S. Bankruptcy Court for the District of Maryland to employ eXp Realty, LLC as real estate broker. The firm will market and sell the Debtor's real property identified as 110 South Mount Street, Baltimore, Maryland 21223. The firm will be paid a commission of 6 percent of the sales price, and a flat fee of $595. As disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Michael Schiff eXp Realty, LLC 2219 Rimland Drive, Suite 301 Bellingham, WA 98226 Tel: (602) 799-5022 About Johnson Scott Property Management, LLC Johnson Scott Property Management, LLC filed Chapter 11 petition (Bankr. D. Md. Case No. 23-15962) on Aug. 23, 2023, with $100,001 to $500,000 in both assets and liabilities. Judge Michelle M. Harner oversees the case. William C. Johnson, Jr., Esq., is the Debtor's bankruptcy counsel. KENT SEITZ: Unsecureds to Get Share of Income for 5 Years --------------------------------------------------------- Kent Seitz, MD, PA, filed with the U.S. Bankruptcy Court for the Western District of North Carolina a Plan of Reorganization dated September 19, 2023. The Debtor is a North Carolina professional corporation that operates a health care business. Primarily, the Debtor treats patients suffering from drug addiction and mental health disorders. The Debtor treats patients on outpatient basis and began operations in August 2013. The Debtor's financial troubles started around May 2019, when the North Carolina Medical Board suspended Kent Seitz's medical license. As a result of the suspension, Kent Seitz, the sole shareholder and only employee that had a medical license, was forced to sell the Debtor. In April 2020, Kent Seitz's medical license was reinstated, but with restrictions. Upon reinstatement of his license, Kent Seitz reacquired the Debtor. Upon his reacquisition, he discovered that many patients left the practice and that a couple nurse practitioners had resigned from the Debtor and took patients with them. Also, because the Medical Board placed restrictions on Kent Seitz, the Debtor was forced to hire a second physician at substantial costs, who could provide comprehensive care to patients. Kent Seitz's suspension, the reinstatement of his license with restrictions, the Debtor's loss of patients, the pandemic and Medicaid's conversion to managed care combined to create the perfect storm that caused the Debtor to lose revenue and, at the same time, increased Debtor's costs. In an effort to survive, the Debtor was forced to take out loans and advances. The Debtor took out a large Economic Injury Disaster Loan from the SBA and obtained several smaller high-interest merchant cash advances. Unable to repay the SBA loan and merchant cash advances, the Debtor elected to file bankruptcy. The Debtor filed for relief under Chapter 11 of the Bankruptcy Code on June 19, 2023. Through this Plan, the Debtor intends to restructure its debt to pay creditors, improve cash flow, and commit its disposable income to its unsecured creditors for five years. Class 1 consists of all Allowed Secured Claim of the SBA. The SBA holds the senior secured lien on all the Debtor's assets. The SBA shall have an Allowed Secured Claim in the total amount of $166,876.99 (less any payments actually received by the SBA prior to the Effective Date). Any additional amounts owing by the Debtor to the SBA shall be treated as a General Unsecured Claim. The SBA's Allowed Secured Claim shall accrue interest from and after the Petition Date at the annual fixed rate of 7.00%, shall be amortized over seven years, and shall be paid through equal, consecutive, monthly installments of principal and interest with the first payment due on the first day of the first full month following the Effective Date and continuing on the same day of each month thereafter. Class 2 consists of the Allowed General Unsecured Claims. These Claims shall be treated as unsecured obligations of the Reorganized Debtor. Allowed General Unsecured Creditors shall be paid a Pro Rata share of the Reorganized Debtor's projected disposable income for the years ending in 2023, 2024, 2025, 2026, and 2027 with payments being made on or before June 30 of 2024, 2025, 2026, 2027, and 2028. Class 2 is impaired by the Plan. Class 3 consists of consists of the Equity Interests in the Debtor. All Equity Interests held prior to the Petition Date shall be retained. Class 3 is not impaired by the Plan and is not entitled to vote to accept or reject the Plan. The Reorganized Debtor or any distribution agent the Reorganized Debtor may retain shall make all distributions to the holders of Allowed Claims and Allowed Interests that are required under this Plan. If any litigation now pending is resolved by Final Order or settlement, and the Debtor is ordered to pay any sums to the successful litigant, then such party shall become a creditor, and shall share in distributions to the appropriate Class. The Plan contemplates that distributions will be funded by revenues generated during the Debtor's post-petition operations, the Seitzs' Settlement, and the Reorganized Debtor's future revenue. A full-text copy of the Plan of Reorganization dated September 19, 2023 is available at https://urlcurt.com/u?l=wvvYY0 from PacerMonitor.com at no charge. Debtor's Counsel: Rashad Blossom, Esq. BLOSSOM LAW PLLC 301 S. McDowell St. Suite 1103 Charlotte, NC 28204 Tel: 704-256-7766 Fax: 704-486-5952 Email: rblossom@blossomlaw.com About Kent Seitz Kent Seitz, MD PA, operates a health care business. Kent Seitz, MD PA, filed a Chapter 11 petition (Bankr. W.D.N.C. Case No. 23-30391) on June 19, 2023, with $0 to $50,000 in assets and $1 million to $10 million in liabilities. Kent Seitz, MD, president/CEO, signed the petition. Judge Laura T. Beyer oversees the case. Rashad Blossom, Esq. of BLOSSOM LAW PLLC, is the Debtor's legal counsel. L & L CONSTRUCTION: Seeks to Hire Bruner Wright as Legal Counsel ---------------------------------------------------------------- L & L Construction Services, LLC seeks approval from the U.S. Bankruptcy Court for Northern District of Florida to hire Bruner Wright, P.A. as counsel. The Debtor requires a counsel to give legal advice with respect to its powers and duties in this Chapter 11 case. The hourly rates of the firm's counsel and staff are as follows: Robert C. Bruner $450 Byron Wright III $375 Samantha A. Kelley $350 Paralegal $150 The firm received a retainer of $12,000 from the Debtor. Byron Wright III, Esq., a member at Bruner Wright, disclosed in a court filing that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Robert C. Bruner, Esq. Byron Wright III, Esq. Samantha A. Kelley, Esq. Bruner Wright, PA 2810 Remington Green Circle Tallahassee, FL 32308 Telephone: (850) 385-0342 Facsimile: (850) 270-2441 Email: rbruner@brunerwright.com twright@brunerwright.com skelley@brunerwright.com About L & L Construction L & L Construction Services, LLC filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Fla. Case No. 23-40336) on Aug. 29, 2023, with $100,001 to $500,000 in assets and $500,001 to $1 million in liabilities. Byron Wright, III of Bruner Wright, P.A. represents the Debtor as legal counsel. LEGACY CARES: Seeks to Hire Keith Bierman of MCA Financial as CRO ----------------------------------------------------------------- Legacy Cares, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Arizona to employ Keith Bierman and MCA Financial Group, Ltd. as its chief restructuring officer. The firm's services include: a. investigating, deciding and controlling the business affairs of the Debtor and its relationships and transactions with any person as Bierman may deem appropriate in the sole exercise of his business judgment. b. restructuring and reorganizing the Debtor, if possible. c. managing and operating the Debtor, including having control over all the bank accounts, money and other assets of Debtor and execution and control of all corporate books and records, for the term of the Supplemental Agreement. d. making corporate and business decisions on behalf of the Debtor, including the continued employment of any employees of the Debtor. e. evaluating and deciding whether to sell or otherwise dispose of some or all of the Debtor's assets. f. evaluating and deciding whether to file or proceed with any Chapter 11 plan of reorganization. g. deciding whether to retain or continue the employment of any lawyers, accountants or other professionals for the Debtor. h. evaluating any potential claims or causes of action belonging to the bankruptcy estate in the Bankruptcy Case. i. filing any claims or causes of action determined to be appropriate and in the best interest of the Estate. j. negotiating and settling claims and causes of action against other persons and which any person may have against the Debtor. k. filing any reports or other documents with the Bankruptcy Court as may be required by the Bankruptcy Code, the Bankruptcy Rules or the Office of the U.S. Trustee. l. communicating directly with members of the Board, the Debtor's employees, creditors, contractors, partners, sponsors, vendors and other constituencies and their respective legal and other advisors regarding all functions of the Debtor. m. serving as the authorized representative of the Debtor for the purposes of negotiating transactions on behalf of the Debtor, including without limitation, contracts and agreements to which the Debtor is a party or may become a party, subject to Bankruptcy Court approval. n. executing any documents required by the Bankruptcy Court and the Bankruptcy Case including, without limitation, monthly operating reports, amendments to the Debtor's Statement of Financial Affairs and Summary of Assets and Liabilities for Non-Individuals. o. reviewing and approving the professional fee applications of the Debtor's professionals prior to submittal to the Bankruptcy Court for approval. p. communicating directly with legal counsel for the Debtor and directing Debtor's legal counsel as to matters concerning the administration of the Bankruptcy Case, including but not limited to the preparation and filing of any Plan of Reorganization and related documents. Any such communications with the Debtor's counsel shall be considered attorney client privileged communications and MCA and Bierman shall not waive the attorney-client privilege without the consent of Debtor. q. appearing as the Debtor's corporate representative at any hearing or proceeding in the Bankruptcy Case. r. providing testimony as may be required in connection with any of the foregoing or as may otherwise be required in the Bankruptcy Case. s. interfacing with, directing, or terminating, as necessary, any management company retained by the Debtor to manage the Park's operations. MCA is a "disinterested person" within the meaning of section 101(14) of the Bankruptcy Code, as required by section 327(a) of the Bankruptcy Code and does not hold or represent an interest materially adverse to the Debtor’s estate, according to court filings. The firm can be reached through: Keith Bierman MCA Financial Group, Ltd. 4909 North 44th Street Phoenix, AZ 85018 Telephone: (602) 710-2500 Email: kbierman@mca-financial.com About Legacy Cares Legacy Cares, Inc. is a 501c3 non-profit organization dedicated to providing athletes and non-athletes of all ages, economic backgrounds and levels of athletic proficiency the opportunity to participate in sports and e-sports while fostering the enjoyment and camaraderie of teamwork and perseverance, key components in athletic competition and lifetime success. The organization is based in Mesa, Ariz. Legacy Cares sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 23-02832) on May 1, 2023, with $242,329,104 in assets and $366,719,676 in liabilities. Douglas Moss, president of Legacy Cares, signed the petition. Judge Daniel P. Collins oversees the case. The Debtor tapped Henk Taylor, Esq., at Warner Angle Hallam Jackson Formanek, PLC as bankruptcy counsel; Papetti Samuels Weiss McKirgan, LLP and Slania Law, PLLC as special counsels; and Miller Buckfire & Co., LLC and its affiliate, Stifel, Nicolaus & Co., Inc., as investment banker. Epiq Corporate Restructuring, LLC is the noticing, claims and balloting agent. The U.S. Trustee for Region 14 appointed an official committee to represent unsecured creditors in the Debtor's Chapter 11 case. Pachulski Stang Ziehl & Jones, LLP and AlixPartners, LLP serve as the committee's legal counsel and financial advisor, respectively. LHS BORROWER: S&P Downgrades ICR to 'B-', Outlook Stable -------------------------------------------------------- S&P Global Ratings lowered its issuer credit rating on LHS Borrower LLC's (Leaf Home Solutions) to 'B-' from 'B'. S&P said, "Additionally, we lowered our issue-level ratings on the company's revolving credit facility and first-lien term loan to 'B-' with a recovery rating of '3'. The '3' recovery rating indicates our expectation for meaningful (50%-70%; rounded estimate: 60%) recovery in the event of a payment default. "The stable outlook reflects our expectation of continued positive cash flow generation amid elevated leverage and a slowdown in operating performance." Macroeconomic headwinds and operating inefficiencies have slowed Leaf Home's revenue growth. Revenue growth has moderated over the past year and declined in the second quarter of 2023 following rapid growth in 2020, 2021, and the first half of 2022. S&P said, "We now forecast low-single-digit revenue growth in both 2023 and 2024. Our tempered expectations are partially a result of our view that consumers are adversely impacted by rising interest rates and inflation costs, which have slowed the rate at which people spend on discretionary items such as home improvement. Additionally, we believe the shift back to working in the office instead of remotely has softened demand for home improvement services as people spend more time away from the home." Generally, demand for home repair services like gutter protection is volatile and vulnerable to a continued decline in consumer investment in the home improvement space. Operationally, while the company has continued to grow new customer leads, its conversion of leads to sales has declined. S&P said, "Leaf Home is making efforts to improve its mid-funnel performance, and has noted modest improvement in recent quarters; however, we believe conversion is far from 2020 and 2021 levels. Plans to improve sales includes new technology and processes as well as structural changes like the closing of one of its two call centers. We believe there are execution risks as the company looks to improve sales while cutting costs, and it remains to be seen whether these initiatives will promote revenue growth or efficiencies in the business going forward." Aggressive marketing expenditure and expansion into lower-margin industries have compressed EBITDA margins. S&P expects Leaf Home's S&P Global Ratings-adjusted EBITDA margin will decline by 140 bps to around 16.0% in 2023 as elevated operating expenses and stalled revenue growth weigh heavily on the company's profitability. As the company grew rapidly until mid-2022, the company invested heavily in efforts to expand its office footprint. As revenue growth slowed, the company is no longer getting as much of a return on its investment. Additionally, recent revenue growth from lower-margin noncore segments such as home enhancement and water solutions have outpaced the company's core Leaf Filter business. To address margin compression, management has identified an estimated $45 million in annualized cost savings they plan to enact at the end of the third quarter. This includes pulling back on their office expansion plan and investing in information technology (IT) to more efficiently grow its existing geographic footprint. The company is also closing its Las Vegas call center, which the company estimates will save $10 million annually. While these cost cuts will help mitigate some EBITDA pressures, S&P believes it will be difficult for the company's EBITDA margin to return to 25% in a low revenue growth environment. S&P said, "Solid discretionary cash flow generation and a favorable debt maturity profile provide cushion at the 'B-' rating. Despite our expectation for leverage to remain above 6x on a sustained basis, we forecast healthy cash flow generation. While the company's EBITDA has declined, the company is very asset light, and therefore does not require high levels of capital expenditure (capex). Additionally, 75% of the company's outstanding term loan is hedged until 2027 at a blended SOFR rate of 3.10%. This, combined with the payment in kind (PIK) component of its senior unsecured notes ($664 million outstanding as of June 30, 2023) will save the company cash in this high interest rate environment. Leaf Home's financial sponsor owner has a history of taking dividends from the business, but we expect it will limit distributions to the amount required to cover ownership's tax payments. Despite operational challenges in the near term, the company will generate discretionary cash flow (DCF) to debt of around 2%-3% in 2023 and 4%-6% in 2024." As a result of Leaf Home's recapitalization in early 2022, the company's nearest maturity is not until 2027 when the unsecured PIK Notes come due. However, the company's 1st lien term loan has an August 26, 2026 springing maturity if the company has not repaid or refinanced the PIK Notes to a date at least 91 days after the term loan's 2029 maturity. The stable outlook reflects S&P's expectation of continued positive cash flow generation despite elevated leverage and a slowdown in operating performance. Governance is a moderately negative consideration, as it is for most rated entities owned by private-equity sponsors. S&P believes the company's highly leveraged financial risk profile points to corporate decision-making that prioritizes the interests of the controlling owners. This also reflects private-equity sponsors' generally finite holding periods and focus on maximizing shareholder returns. LUCAS MACYSZYN: Kathleen DiSanto Named Subchapter V Trustee ----------------------------------------------------------- The U.S. Trustee for Region 21 appointed Kathleen DiSanto, Esq., at Bush Ross, P.A., as Subchapter V trustee for Lucas, Macyszyn & Dyer Law Firm, PLLC. Ms. DiSanto 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. DiSanto declared that she is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Kathleen L. DiSanto, Esq. Bush Ross, P.A. P.O. Box 3913 Tampa, FL 33601-3913 Phone: (813) 224-9255 Fax: (813) 223-9620 Email: disanto.trustee@bushross.com About Lucas, Macyszyn & Dyer Law Firm Lucas, Macyszyn & Dyer Law Firm, PLLC handles car accidents, truck accidents, motorcycle accidents and slip and fall injury cases. The law firm is based in New Port Richey, Fla. Lucas, Macyszyn & Dyer Law Firm filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 23-03944) on Sept. 8, 2023, with $1 million to $10 million in both assets and liabilities. Judge Catherine Peek McEwen oversees the case. Alberto F. Gomez, Jr., Esq., at Johnson, Pope, Bokor, Ruppel & Burns, LLP, represents the Debtor as legal counsel. LUCIRA HEALTH: Fine-Tunes Plan of Liquidation --------------------------------------------- Lucira Health, Inc., submitted an Amended Chapter 11 Plan of Liquidation. Under the Plan, holders of Class 3 General Unsecured Claims will receive its pro rata right to recovery from the Liquidating Trust. Class 3 is impaired. "Liquidating Trust Assets" means (a) the Trust Funding; (b) the remaining Cash of the Debtor or the Estate after (i) paying the Allowed Administrative Claims, Allowed Priority Tax Claims, Allowed Secured Claims, and Allowed Other Priority Claims, as set forth in Article III.B herein; (ii) the payment of Allowed Professional Fee Claims, including from the Professional Fee Reserve; and (iii) funding the Trust Funding; (c) the Retained Causes of Action and the proceeds thereof; and (d) any other Excluded Assets. Subject in all respects to the provisions of the Plan concerning the Professional Fee Reserve, the Debtor or the Liquidating Trustee (as applicable) will fund distributions under the Plan with Cash on hand on the Effective Date and all other Liquidating Trust Assets. Co-Counsel for the Debtor and Debtor in Possession: Sean M. Beach, Esq. Ashley E. Jacobs, Esq. Joshua B. Brooks, Esq. Timothy R. Powell, Esq. YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square, 1000 N. King Street Wilmington, DE 19801 Telephone: (302) 571-6600 E-mails: sbeach@ycst.com ajacobs@ycst.com jbrooks@ycst.com tpowell@ycst.com Counsel for the Debtor and Debtor in Possession: Robert L. Eisenbach III, Esq. COOLEY LLP 3 Embarcadero Center, 20th Floor San Francisco, CA 94111-4004 Telephone: (415) 693-2000 E-mail: reisenbach@cooley.com - and - Cullen D. Speckhart, Esq. Olya Antle, Esq. Jeremiah P. Ledwidge, Esq. 1299 Pennsylvania Avenue, NW, Suite 700 Washington, DC 20004-2400 Telephone: (202) 842-7800 E-mails: cspeckhart@cooley.com oantle@cooley.com jledwidge@cooley.com A copy of the Amended Chapter 11 Plan of Liquidation dated September 13, 2023, is available at https://tinyurl.ph/dnXgB from Donlinrecano, the claims agent. About Lucira Health Founded in 2013, Lucira is a medical technology company focused on the development and commercialization of transformative and innovative infectious disease test kits. Lucira Health filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Del., Case No. 23-10242) on Feb. 22, 2023. As of Dec. 31 2022, the Debtor posted total assets of $145,897,301 and total debt of $84,720,814. Judge Mary F. Walrath oversees the case. The Debtor tapped Young Conaway Stargatt & Taylor, LLP and Cooley, LLP as legal counsels; Armanino, LLP as financial advisor; and Donlin, Recano & Company, Inc. as 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 Debtor's Chapter 11 case. The committee is represented by Brya Michele Keilson, Esq. MAD SCIENCE: Hires Lane Law Firm PLLC as Counsel ------------------------------------------------ Mad Science Machining, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to employ The Lane Law Firm, PLLC as its legal counsel. The firm will provide these services: (a) assist, advise, and represent the Debtor relative to the administration of the Chapter 11 case; (b) assist, advise, and represent the Debtor in analyzing its assets and liabilities, investigating the extent and validity of lien and claims, and participating in and reviewing any proposed asset sales or dispositions; (c) attend meetings and negotiate with representatives of secured creditors; (d) assist the Debtor in the preparation, analysis, and negotiation of any plan of reorganization and disclosure statement; (e) take all necessary action to protect and preserve the interests of the Debtor; (f) appear, as appropriate, before the bankruptcy court, the appellate courts, and other courts in which matters may be heard; and (g) perform all other necessary legal services. The firm will be paid at these rates: Robert C. Lane, Partner $550 per hour Joshua D. Gordon, Partner $500 per hour Associate Attorneys $375 to $425 per hour Bankruptcy Paralegals/Legal Assistants $150 to $190 per hour In addition, the firm will seek reimbursement for expenses incurred. The firm received various payments from June 15 to 27, 2023, and August 8 to 2023 for its retainer from the Debtor totaling $45,000. Robert C. Lane, Esq., a partner at The Lane Law Firm, PLLC, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Robert C. Lane, Esq. Joshua D. Gordon, Esq. THE LANE LAW FIRM, PLLC 6200 Savoy, Suite 1150 Houston, TX 77036 Telephone: (713) 595-8200 Facsimile: (713) 595-8201 Email: notifications@lanelaw.com joshua.gordon@lanelaw.com About Mad Science Machining, LLC MSS. Inc. sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 23-02487) on August 28, 2023. In the petition signed by Matthew Filzen, vice president/chief operations officer, the Debtor disclosed up to $10 million in both assets and liabilities. Judge Joseph N. Callaway oversees the case. Joseph Z. Frost, Esq., at Buckmiller, Boyette & Frost, PLLC, represents the Debtor as legal counsel. MALLINCKRODT PLC: Oct. 2 Hearing in Irish Examinership Petition --------------------------------------------------------------- The directors of Mallinckrodt plc initiated on Sept. 20 examinership proceedings with respect to Mallinckrodt by presenting a petition to the High Court of Ireland pursuant to Section 510(1)(b) of the Companies Act 2014 of Ireland seeking the appointment of an examiner to the Company, Mallinckrodt disclosed in a Form 8-K filing with the Securities and Exchange Commission. Also on Sept. 20, following an ex parte application made by the directors of Mallinckrodt, the High Court of Ireland made an order appointing the Examiner on an interim basis pending the hearing of the Examinership Petition. The hearing of the Examinership Petition is scheduled to take place before the High Court in Dublin, Ireland at 2:00 p.m. (Irish time) on October 2, 2023. In addition, the High Court of Ireland directed that any interested party wishing to oppose the appointment of the Examiner must notify Arthur Cox, as Irish solicitors to Mallinckrodt, and file any opposing affidavits, by 5:00 p.m. (Irish time) on September 28, 2023. Furthermore, as required by Section 511 of the Companies Act 2014 of Ireland, the Examinership Petition filed with the High Court of Ireland was accompanied by an Independent Expert's Report with respect to Mallinckrodt. It is a condition precedent to the consummation of the Debtors' a prepackaged chapter 11 plan that the High Court of Ireland shall make an order pursuant to Section 541 of the Companies Act 2014 of Ireland confirming a scheme of arrangement with respect to Mallinckrodt that is based on and consistent in all respects with the Plan, and that such Scheme of Arrangement shall become effective in accordance with its terms (or shall become effective concurrently with the effectiveness of the Plan). Subject to certain conditions, the Examiner will seek to convene meetings of the shareholders of Mallinckrodt and all classes of creditors of Mallinckrodt that would be impaired by the Examiner's proposals for a Scheme of Arrangement for the purposes of considering and voting in relation to the proposed Scheme of Arrangement. During the continuance of the Irish Examinership Proceedings, Mallinckrodt will be under the protection of the High Court of Ireland. During the period of court protection, no proceedings can be commenced in Ireland to wind up Mallinckrodt, and no action can be taken by creditors to enforce security or take possession of any assets of Mallinckrodt, without the consent of the Examiner. The period of court protection will subsist for an initial 70 days, which can, in certain circumstances, be extended by order of the High Court of Ireland for a further 30 days. A copy of the Independent Expert's Report is available at no extra charge at https://tinyurl.com/y3dzaznm $250-Mil. DIP Loans On Aug. 30, 2023, the U.S. Bankruptcy Court entered orders approving the Company's "first day" motions, including an order granting the Debtors authority to enter into a Senior Secured Debtor-In-Possession Credit Agreement by and among the Company, Mallinckrodt International Finance S.A. and Mallinckrodt CB LLC, as debtors and debtors-in-possession, the lenders from time to time party thereto, Acquiom Agency Services LLC and Seaport Loan Products LLC, as co-administrative agents, and Acquiom Agency Services LLC, as collateral agent. On Sept. 8, 2023, the Company, the DIP Borrowers and the other parties thereto entered into the DIP Credit Agreement, which provides these terms: * The DIP Lenders will provide a priming, senior secured, super-priority debtor-in-possession term loan facility in the aggregate principal amount (exclusive of capitalized fees) of $250 million, of which (i) an initial draw amount of up to $150 million became available (and was drawn) in a single drawing upon entry of the Interim DIP Order, effectiveness of the DIP Credit Agreement and satisfaction of the other applicable conditions set forth in the DIP Credit Agreement, and (ii) an additional amount of up to $100 million that will be made available in a single drawing upon entry of a final order granting the relief requested in the DIP Motion and satisfaction of the other applicable conditions set forth in the DIP Credit Agreement. * Borrowings under the DIP Facility are; (a) senior secured obligations of the DIP Borrowers, (b) guaranteed by the Company and each of the other Debtors and (c) secured by (i) priming, automatically perfected first priority liens and security interests on all property and assets of the Debtors securing the Company's pre-petition secured term loans and notes and (ii) automatically perfected first priority liens and security interests on all of the Debtors' other now-owned and hereafter-acquired real and personal property and assets, in each case subject to certain carve outs and conditions. * The DIP Loans will accrue interest at a rate equal to the secured overnight financing rate as administered by the SOFR Administrator plus 8.00%, subject to a floor of 1.00% SOFR. Upon the effectiveness of the DIP Credit Agreement, the DIP Borrowers caused a fee equal to 12.00% of the $250 million in backstop commitments held by certain DIP Lenders providing such commitments to be paid. Such fee was paid in kind by increasing the principal amounts of the DIP Loans. * On the effective date of the Plan, the principal amount of outstanding DIP Loans shall be either (i) repaid in cash or (ii) exchanged for an equivalent principal amount of the new first priority takeback term loans as described in the restructuring support agreement dated as of Aug, 23. 2023, by and among the Company, certain of its subsidiaries, certain creditors and the Opioid Master Disbursement Trust II (or a combination thereof), in each case as set forth in the Plan. Any accrued and unpaid interest on the Plan Effective Date shall be paid in full in cash. * Unless converted to new first priority takeback term loans or repaid in cash on the Plan Effective Date, in each case as set forth in the Plan, all obligations under the DIP Credit Agreement and other security documents, guarantees and other legal documentation will be due and payable in full in cash on the earliest of: (a) the date that is 12 months after the Petition Date; (b) 50 calendar days after the Petition Date if the Final DIP Order has not been entered by such date; (c) the date of acceleration of such obligations in accordance with the DIP Credit Agreement and the other DIP Loan Documents; (d) the effective date of any plan of reorganization or liquidation in the Chapter 11 Cases; (e) the date on which the sale of all or substantially all of the Debtors' assets is consummated; (f) the date on which termination of the RSA occurs; (g) the date the Bankruptcy Court converts any of the Chapter 11 Cases to a case under chapter 7 of the Bankruptcy Code; (h) the date the Bankruptcy Court dismisses any of the Chapter 11 Cases; (i) the date an order is entered in any Chapter 11 Case appointing a chapter 11 trustee or examiner with enlarged powers, and; (j) other customary circumstances as set forth in the DIP Credit Agreement. * The DIP Credit Agreement includes various customary affirmative, negative and financial covenants and events of default, including (a) a requirement that the Debtors and their consolidated subsidiaries to maintain at least $100 million minimum Liquidity as of the date that is one month after the closing date of the DIP Credit Agreement and each subsequent monthly anniversary of such date, and (b) customary case milestones. On Sept. 6, NYSE Regulation filed a Form 25 with the SEC to delist the ordinary shares of Mallinckrodt plc from NYSE American LLC. The delisting was to be effective 10 days thereafter. The deregistration of the ordinary shares under section 12(b) of the Securities Exchange Act of 1934 will be effective 90 days, or such shorter period as the SEC may determine, after the filing date of the Form 25, at which point the ordinary shares will be deemed registered under Section 12(g) of the Exchange Act. The ordinary shares began trading in the market for unlisted securities on August 29, 2023 under the symbol "MNKTQ." About Mallinckrodt plc Mallinckrodt -- http://www.mallinckrodt.com/-- is a global business consisting of multiple wholly-owned subsidiaries that develop, manufacture, market and distribute specialty pharmaceutical products and therapies. The company's Specialty Brands reportable segment's areas of focus include autoimmune and rare diseases in specialty areas like neurology, rheumatology, nephrology, pulmonology and ophthalmology; immunotherapy and neonatal respiratory critical care therapies; analgesics; and gastrointestinal products. Its Specialty Generics reportable segment includes specialty generic drugs and active pharmaceutical ingredients. Mallinckrodt plc and certain of its affiliates first sought Chapter 11 protection in Delaware (Bankr. D. Del. Lead Case No. 20-12522) on Oct. 12, 2020, to seek approval of a restructuring that would reduce total debt by $1.3 billion and resolve opioid-related claims against them. Mallinckrodt in mid-June 2022 successfully completed its reorganization process, emerged from Chapter 11 and completed the Irish Examinership proceedings. Mallinckrodt Plc said in a regulatory filing in early June 2023 that it was considering a second bankruptcy filing and other options after its lenders raised concerns over an upcoming $200 million payment related to opioid-related litigation. Mallinckrodt plc and certain of its affiliates again sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 23-11258) on Aug. 28, 2023. Mallinckrodt plc disclosed $5,106,900,000 in assets and $3,512,000,000 in liabilities as of June 30, 2023. Judge John T. Dorsey oversees the 2023 cases. In the 2020 Chapter 11 cases, the Debtors tapped Latham & Watkins, LLP and Richards, Layton & Finger, P.A. as their bankruptcy counsel; Arthur Cox and Wachtell, Lipton, Rosen & Katz as corporate and finance counsel; Ropes & Gray, LLP as litigation counsel; Torys, LLP as CCAA counsel; Guggenheim Securities, LLC as investment banker; and AlixPartners, LLP, as restructuring advisor. In the 2023 Chapter 11 cases, the Debtors tapped Latham & Watkins, LLP and Richards, Layton & Finger, P.A., as their bankruptcy counsel; Arthur Cox and Wachtell, Lipton, Rosen & Katz as corporate and finance counsel; Guggenheim Securities, LLC as investment banker; and AlixPartners, LLP, as restructuring advisor. Kroll is the claims agent. Acquiom Agency Services LLC and Seaport Loan Products LLC, are co-administrative agents, and Acquiom Agency Services LLC, is the collateral agent under the DIP Credit facility. ArentFox Schiff LLP, serves as counsel to the Agents. McCann Fitzgerald LLP, serves as special Irish counsel for certain of the Lenders. Gibson, Dunn & Crutcher LLP, serves as counsel to the Ad Hoc First Lien Term Loan Group. Evercore Group L.L.C., is the financial advisor to the Ad Hoc First Lien Term Loan Group. Paul, Weiss, Rifkind, Wharton & Garrison LLP, acts as counsel to the Ad Hoc Crossover Group. Perella Weinberg Partners LP, is the financial advisor to the Ad Hoc Crossover Group. Davis Polk & Wardwell LLP, is the counsel to the Ad Hoc 2025 Noteholder Group. MATREIYA TRANS: Contribution & Continued Operations to Fund Plan ---------------------------------------------------------------- Matreiya Trans, Corp., filed with the U.S. Bankruptcy Court for the Eastern District of New York an Amended Small Business Disclosure Statement describing Plan of Reorganization dated September 19, 2023. The Debtor is a taxi medallion corporation located at 105 East 34 Street, Suite 174, New York 10016. The Action stems from a dramatic decline in the value of the taxi medallion, which constituted the collateral of the loan of DePalma Acquisition I LLC. Being unable to contribute additional collateral and supplement the monthly note payment out of personal funds of the principal of the corporation, the Debtor filed for Chapter 11 Bankruptcy protection on December 26, 2019. Class I shall consist of the claim of the main creditor, DePalma Acquisition I LLC, in the total amount of $329,999.32. In full and final satisfaction of DePalma's Claim, the settlement payment in the amount of $230,000.00 shall be paid in lump sum cash payment ("Settlement Payment") on the effective date of the plan. The Debtor agrees to use good faith efforts to confirm the Amended Plan as soon as reasonably possible following entry of the Approval Order and to achieve the effective date by no later than December 30, 2023. The Settlement Payment of $230,000.00 represents 69.69% of the total claim of DePalma Acquisition I LLC. The unsecured claim of the New York State Department of Taxation & Finance in the amount of $150,00 will be paid 69.69% dividend ($104.53) on the effective date of the plan. Karen E. Simon, the sole equity interest holder, shall retain her interest in the Debtor following Confirmation, in consideration of a new value contribution, being made by her as the equity holder, toward the payment of general unsecured creditor claims. The Debtor's president will contribute funds in installments over the life of the plan, on as needed basis. Karen E. Simon, Debtor's principal and the sole shareholder, will continue to be employed by the reorganized Debtor. The claim of the DePalma Acquisition I LLC, being the main creditor of the cases, was settled pursuant to terms of the Settlement Agreement. The Settlement Agreement will be funded from the contribution of personal funds of the Debtor's principal, Karen E. Simon, as well as from funds, accumulated in the Debtors' DIP accounts. All remaining claims, including administrative claims, will be funded from sums accumulated in the Debtors' DIP account from the date of the petition and from continuing business operations, continuously from the date of the petition. A full-text copy of the Amended Disclosure Statement dated September 19, 2023 is available at https://urlcurt.com/u?l=9vBH8T from PacerMonitor.com at no charge. Attorney for Debtor: Alla Kachan, Esq. 2799 Coney Island Ave, Suite 202 Brookyn, NY 11235 Tel: (718) 513-3145 Fax: (347) 342-315 E-mail: alla@kachanlaw.com About Matreiya Trans Corp. Matreiya Trans Corp. is a taxi medallion corporation located at 105 East 34th Street, Suite 174, New York. Matreiya Trans Corp. sought Chapter 11 protection (Bankr. E.D.N.Y. Case No. 19-47711) on Dec. 26, 2019. Matreiya disclosed $157,164 in assets and $330,000 in liabilities as of the bankruptcy filing. The petition was signed by Michael L. Simon, president. The LAW OFFICES OF ALLA KACHAN, P.C., serves as bankruptcy counsel to the Debtor. MESA AIR: Lenders Expand Revolving Credit Line to $50.7MM --------------------------------------------------------- Mesa Air Group, Inc. disclosed in a Form 8-K report with the U.S Securities and Exchange Commission that its wholly owned subsidiaries have entered into amendments to their revolving line of credit with a lending consortium led by Wilmington Trust, National Association. Mesa Airlines, Inc. and Mesa Air Group Airline Inventory Management, L.L.C. previously entered into a Second Amended and Restated Credit and Guaranty Agreement dated as of June 30, 2022, with Wilmington Trust, National Association -- as successor to CIT Bank, a division of First-Citizens Bank & Trust Company -- in its capacities as administrative and collateral agent and the lenders from time to time party thereto. The loan is guaranteed by Mesa Air Group. United Airlines, Inc. purchased and assumed all of CIT Bank's rights and obligations under the Existing Credit Agreement pursuant to a separate Assignment and Assumption Agreement and in connection with entering into the Third Amended and Restated Capacity Purchase Agreement with United, dated as of December 27, 2022. On Sept. 6, the Borrowers, Mesa Air Group, the Administrative Agent, the Collateral Agent and the Lenders amended the Existing Facility pursuant to an Amendment No. 3 to Second Amended and Restated Credit and Guaranty Agreement which, among other things, amends the Existing Credit Agreement to: (i) permit the Borrowers to re-draw approximately $7.9 million of the Effective Date Bridge Loan (as defined in the Amended Credit Agreement) previously repaid; (ii) increase the amount of Revolving Commitments from $30.7 million to $50.7 million, in each case, plus the original principal amount of the Effective Date Bridge Loan and subject to the Borrowing Base; and (iii) amend the calculation of the Borrowing Base. Amounts borrowed under this facility bear interest at 3.50% for Base Rate Loans and 4.50% per annum for Term SOFR Loans. Amounts borrowed under the Amended Credit Facility are secured by a collateral pool consisting of a combination of expendable parts, rotable parts and engines, a pledge of certain of the Company's bank accounts and a pledge of the Company's stock in certain aviation companies. Additionally, Mesa announced that, effective Sept. 15, 2023, Daniel Zubeck, the Company's Chief Financial Officer, will resign from the Company. His resignation was not the result of any disagreement with the Company on any matter relating to the Company's financial statements, internal controls, operations, policies, or practices. Michael J. Lotz, the Company's President, will serve as interim Chief Financial Officer. Lotz has served as President of the Company since 2000 and served as the Company's Chief Financial Officer from June 2008 through September 2021. About Mesa Air Mesa Airlines is a regional air carrier providing scheduled passenger service to 89 cities in 40 states, the District of Columbia, the Bahamas, Canada, Cuba, and Mexico as well as cargo services out of Cincinnati/Northern Kentucky International Airport. All of its flights are operated as either United Express or DHL Express flights pursuant to the terms of the capacity purchase agreement entered into with United Airlines, Inc. and a Flight Services Agreement with DHL Network Operations (USA), Inc. Prior to the wind-down and termination of its CPA with American Airlines, Inc. on April 3, 2023, Mesa also operated flights as American Eagle. Mesa has a significant presence in several of its major partners' key domestic hubs and focus cities, including Dallas, Houston, Phoenix and Washington-Dulles. As of June 30, 2023, its fleet consisted of 84 aircraft which it operated under the CPA and FSA, leased to a third party, held for sale or maintained as spares, with approximately 277 daily departures. Mesa posted net losses of $182 million for the fiscal year ended September 30, 2022, and $91.7 million for the first nine months of fiscal year 2023, through June 30, 2023. Mesa reported net income of $16 million for the year ended September 30, 2021 and $27 million for the year ended September 30, 2020. Mesa's working capital deficit was US$41.0 million at June 30, 2023. The deficit was US$116.2 million at September 30, 2022. At June 30, 2023, the Company had total current assets of US$181.1 million and total current liabilities of US$222.1 million. At September 30, 2022, the Company had total current assets of US$98.3 million and total current liabilities of US$214.5 million. At June 30, 2023, the Company had $962 million in total assets and $734 million in total liabilities. MINESEN COMPANY: Hires Crowell & Moring LLP as Special Counsel -------------------------------------------------------------- Dane Field, Chapter 11 trustee for The Minesen Company, seeks approval from the U.S. Bankruptcy Court for the District of Hawaii to employ Crowell & Moring LLP as special counsel. The Debtor needs the firm's legal assistance in connection with matters respecting appeal of a fine imposed by the federal Occupational Safety and Health Administration. The firm will be paid at the rates of $695 to $905 per hour. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. As disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Daniel W. Wolff, Esq. CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Tel: (202) 624-2621 Email: dwolff@crowell.com About The Minesen Company The Minesen Company -- http://www.innatschofield.com/-- owns a transient military lodging facility at Schofield Barracks in central Oahu known as the Inn at Schofield Barracks. It is based in Wahiawa, Hawaii. The Minesen Company filed a petition for Chapter 11 protection (Bankr. D. Hawaii Case No. 19-00849) on July 4, 2019, with up to $50 million in assets and up to $10 million in liabilities. Max Jensen, president of The Minesen Company, signed the petition. Judge Robert J. Faris oversees the case. The Debtor tapped Goodsill Anderson Quiin & Stifel as bankruptcy counsel; Snell & Wilmer, LLP, Keith M. Kiuchi, A Law Corporation and Crowell & Moring, LLP as special counsels; Joseph M. Salvator CPA, PC as accountant; and Schlissel & Associates, LLC as tax advisor. Dane S. Field, the Chapter 11 trustee appointed in the Debtor's case, tapped Klevansky Piper, LLP, as legal counsel and Peter K. Matsumoto, CPA, as accountant. MISSISSIPPI ORTHOPAEDIC: Craig Geno Named Subchapter V Trustee -------------------------------------------------------------- The Acting U.S. Trustee for Region 5 appointed Craig Geno, Esq., at the Law Offices of Craig M. Geno, PLLC as Subchapter V trustee for Mississippi Orthopaedic Institute, PLLC. Mr. Geno will be paid an hourly fee of $250 for his services as Subchapter V trustee and will be reimbursed for work-related expenses incurred. Mr. Geno declared that he is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Craig M. Geno, Esq. Law Offices of Craig M. Geno, PLLC 587 Highland Colony Parkway Ridgeland, MS 39157 Phone: (601) 427-0048 Fax: (601) 427-0050 Email: cmgeno@cmgenolaw.com About Mississippi Orthopaedic Mississippi Orthopaedic Institute, PLLC specializes in the diagnosis and treatment of all conditions and injuries of the musculoskeletal system. It offers, among other procedures, revision knee, complex hip and knee, computer assisted robotic joint replacement, total shoulder replacement, hip replacement, knee arthroscopy, and total knee replacement. Mississippi Orthopaedic Institute filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Miss. Case No. 23-51229) on Sept. 1, 2023, with as much as $50,000 in assets and $1 million to $10 million in liabilities. Dr. Lance Johansen, manager, signed the petition. Judge Katharine M. Samson oversees the case. Patrick Sheehan, Esq., at Sheehan and Ramsey, PLLC represents the Debtor as legal counsel. NEP GROUP: $240MM Bank Debt Trades at 19% Discount -------------------------------------------------- Participations in a syndicated loan under which NEP Group Inc is a borrower were trading in the secondary market around 81.4 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $240 million facility is a Term loan that is scheduled to mature on October 19, 2026. The amount is fully drawn and outstanding. NEP Group provides broadcasting services. The Company is a supplier to broad spectrum of content across both sports and entertainment. The Company offers outside broadcast, studio production, audio, lighting and media management services. NORWICH ROMAN: Committee Hires Karp as Special Counsel ------------------------------------------------------ The official committee of unsecured creditors of The Norwich Roman Catholic Diocesan Corporation seeks approval from the U.S. Bankruptcy Court for the District of Connecticut to employ Karp & Langerman, P.C. as special counsel. The firm will provide these services: a. advise the Committee concerning the formation of the Trust and Unknown Abuse Claims Trust under Connecticut and federal law; b. review, analyze, and finalize the Trust Agreement and Trust Distribution Plan, the Unknown Abuse Claims Trust and Unknown Abuse Claims Trust Distribution Plan, and related documents to, inter alia, ensure compliance with Connecticut law; c. advise the Committee concerning the formation of a single purpose entity under Connecticut law owned by the Trust for the purpose of holding real estate as contemplated in the Plan; d. assist the Committee in various real estate matters including reviewing title searches and environmental reports; reviewing, analyzing, and finalizing representations and warranties concerning the real estate being sold pursuant to the Plan; and otherwise aiding in the sale of such real estate; and e. assist the Committee with other transactional matters, including but not limited to, the transfer of property. The firm will be paid at these rates: Attorneys $350 to $400 per hour Support staffs $125 per hour The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Noel T. Langerman, Esq., a partner at Karp & Langerman, P.C., disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Noel T. Langerman, Esq. KARP & LANGERMAN, P.C. 185 Plains Road, Suite 209E Milford, CT 06461 Tel: (203) 876-0606 About The Norwich Roman Catholic Diocesan Corporation The Norwich Roman Catholic Diocesan Corporation is a nonprofit corporation that gives endowments to parishes, schools, and other organizations in the Diocese of Norwich, a Latin Church ecclesiastical territory or diocese of the Catholic Church in Connecticut and a small part of New York. The Norwich Roman Catholic Diocesan Corporation sought Chapter 11 protection (Bankr. D. Conn. Case No. 21-20687) on July 15, 2021. The Debtor estimated $10 million to $50 million in assets against liabilities of more than $50 million. Judge James J. Tancredi oversees the case. The Debtor tapped Ice Miller, LLP, Robinson & Cole, LLP and Gellert Scali Busenkell & Brown, LLC as bankruptcy counsel, Connecticut counsel and special counsel, respectively. Epiq Corporate Restructuring, LLC is the claims and noticing agent. On July 29, 2021, the U.S. Trustee for Region 2 appointed an official committee of unsecured creditors in the Chapter 11 case. The committee tapped Zeisler & Zeisler, PC as its legal counsel. NSM TOP: Moody's Lowers CFR to B3 & Alters Outlook to Stable ------------------------------------------------------------ Moody's Investors Service downgraded NSM Top Holdings Corp.'s (d/b/a National Seating & Mobility, "NSM") Corporate Family Rating to B3 from B2 and Probability of Default Rating to B3-PD from B2-PD. Moody's also downgraded the ratings of the company's first lien credit facilities including the senior secured first lien revolving credit facility, senior secured first lien term loan and senior secured first lien delayed draw term loan to B3 from B2. The outlook is revised to stable from negative. The ratings downgrade reflects the company's continued liquidity constraints as NSM works through improving operating performance with a number of cost savings initiatives. Moody's calculates NSM's financial leverage to be 5.8x for LTM June 30, 2023. Moody's expects modest improvement in leverage over the next 12-18 months. The company has limited cash and availability on its first lien revolving credit facility. The revolver has a November 2024 expiration, but Moody's expects a forthcoming extension by NSM. Moody's expects limited positive free cashflow in 2024 as the company's working capital requirements ease with the stabilization of labor pressures and supply chain headwinds. The stable outlook reflects Moody's expectation that the revolver will be extended and that NSM's liquidity profile will remain adequate. NSM has experienced modest organic growth as it converts its backlog as supply chain pressures eased, especially as it relates to obtaining critical components. NSM has taken many cost-cutting initiatives to address labor pressure including headcount reductions, which should allow NSM to generate positive free cash flow. RATINGS RATIONALE National Seating & Mobility's B3 Corporate Family Rating reflects the company's narrow business focus as a provider of complex rehabilitation wheelchairs and seating systems to end-users with permanent ambulatory disabilities. NSM has re-evaluated its cost base and completed headcount reductions, which should contribute to future margin expansion and de-leveraging. Moody's forecasts leverage to decline below 5.0x by the end of 2024. Labor pressures continue to improve in part due to NSM's cost cutting measures, supply chain headwinds have stabilized and Moody's anticipates NSM will see less of an impact from freight and supply chain in the later half of 2023. NSM benefits from its position as one of the market leaders in the complex rehabilitation technology ("CRT") market. The company employs one of the largest networks of skilled assistive technology professionals ("ATP"), which provides it with a competitive advantage. Moody's expects that underlying demand will grow modestly, in-line with population growth and that pricing will remain relatively stable. Moody's expects NSM to have adequate liquidity given its $4 million of cash as of June 30, 2023 and a partially drawn $75 million first lien revolving credit facility. Moody's expects NSM will generate negative free cash flow in 2023 as it continues to face labor pressures and elevated supply chain costs. Moody's forecasts NSM will return to positive free cash flow in 2024 as NSM converts the backlog and begins to see the benefits of many of its cost cutting initiatives. The only financial covenant in the company's credit agreement is a springing maximum first lien net leverage ratio of 8.45 times if the revolver is more than 35% drawn. As of June 30, 2023, the actual ratio was 5.3 times. NSM's CIS-4 indicates the rating is lower than it would have been if ESG risk exposures did not exist. The company's rating reflects the weight placed on NSM's governance considerations which reflect the company's financial strategy and risk management as the company continues to operate with low cash balance and limited positive free cashflow which makes it at risk of any unforeseen working capital requirements. Additionally, NSM has exposure to social risks associated with its human capital risks due to its specialized labor force. FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS Ratings could be upgraded if the company's liquidity and profitability improve. Quantitatively ratings could be upgraded if debt/EBITDA is sustained below 6.0 times and the company consistently generates positive free cash flow. Additionally, ratings could be upgraded if the company maintains a leading market share with good organic growth profile and balanced financial policies. Ratings could be downgraded if the company's profitability deteriorates and pressure on sales and operating margins, as a result of supply chain challenges and labor pressures, increase. The company's ratings could also be downgraded if there is further deterioration in liquidity, including the non-extension of the revolver, and persistent negative free cashflow. National Seating & Mobility is a leading provider of complex rehabilitation mobility solutions in the U.S. and Canada, offering customized wheelchairs and adaptive seating systems to end-users with severe permanent ambulatory disabilities. Revenue is roughly $690 million LTM June 30, 2023. National Seating & Mobility is privately held by Cinven with limited financial data publicly available. The principal methodology used in these ratings was Medical Products and Devices published in October 2021. OBRA CAPITAL: S&P Lowers ICR to 'CCC' on Deteriorating Liquidity ---------------------------------------------------------------- S&P Global Ratings lowered its issuer credit rating on Obra Capital Inc. to 'CCC' from 'CCC+'. S&P also lowered its rating on the company's secured term loan to 'CCC-' from 'CCC+', as well as revised its recovery rating to '5' from '4', indicating its expectation of modest (10%-30%; rounded estimate: 25%) recovery in the event of default. The negative outlook reflects S&P's view that the company's liquidity will be under stress in the next 6-12 months, such that sources are unlikely to meet uses under its base-case scenario. The downgrade reflects S&P's view that Obra's liquidity position will be strained for the next 6-12 months, and the risk of its failure to cover the sizable principal amortization and interest payment has increased. As of June 30, 2023, the company's cash balance was $7.3 million, down from $23.2 million as of March 31, 2023. Other liquidity sources include about $5 million available capacity on its revolver and potential partial collections of the $7.9 million accounts payable. Obra's liquidity uses in the next 12 months include about $5.2 million of mandatory quarterly amortization of its term loan B as well as about $2.3 million monthly interest payment on its debt. The company's next amortization and interest payment, an aggregate of about $7.5 million, is due on Oct. 1, 2023. Additionally, Obra's revolver (with a $25 million outstanding balance as of June 30, 2023) will mature in October 2024. From an operating cash flow perspective, the company had about $5 million in net cash outflow (excluding cash interest expense) in the first half of 2023, given minimal origination fees realized in the period. The company's full-2022 EBITDA of $13 million, based on S&P Global Ratings' calculation, included $17 million origination fees in fourth-quarter 2022, which are lumpy in nature. As of June 30, 2023, the company's total AUM was about $4.0 billion, slightly up from $3.8 billion as of the end 2022. S&P said, "While we note the company is working on multiple capital deployment opportunities, which could be accretive to its earnings in the second half of 2023 and in 2024, we do not include them in our base-case scenario due to the uncertainties of materialization." Additionally, the company will likely fail to comply with the springing covenant on the revolver or the minimal liquidity test, either of which could result in a technical default without obtaining amendments of its existing credit agreements. Normally, Obra has a springing maximum 7.0x first-lien net leverage ratio covenant at a 35% drawdown on its revolving credit facility. The company and the lenders of its revolving facility agreed on a temporary waiver on this covenant until the end of 2023. Obra has drawn $25 million (or 83% of the $30 million revolver) as of June 30, 2023. S&P said, "Due to strained liquidity and weak earnings, we think the company's first-lien net leverage will likely exceed 7.0x when the covenant waiver period ends after fourth-quarter 2023. Obra will also be subject to a $7.5 million minimum liquidity test starting in fourth-quarter 2023, which will further limit its financial flexibility, based on our current view." The negative outlook reflects S&P's view that Obra's liquidity will be under stress for the next 6-12 months, and without amendments of the existing credit agreements and other sources of liquidity, the company is unlikely to meet its liquidity needs. S&P said, "We could lower the ratings if we believe a default event, insufficient liquidity to fund interest payments and principal amortization, is likely in the subsequent six months. We could also lower the ratings if the company executes exchange offers or debt restructuring of its senior secured term loan that we would view as distressed. "We could revise the outlook to stable if Obra's liquidity improves such that we believe the company could maintain sufficient liquidity for its operations over the subsequent 6-12 months." OMNIQ CORP: Machine Vision Tech Purchased for El Salvador Airport ----------------------------------------------------------------- OMNIQ Corp. announced that the Company is deploying its AI enhanced parking and security solution to the El Salvador International Airport. CEO Shai Lustgarten stated "The increasing demand for our AI-based solution has been a driving force behind our growth in all AI related verticals. As we continue to expand our presence in the United States, we are thrilled to announce our first deployment in a central American International Airport. Serving as the third busiest airport in the region, with over 3.4 million passengers annually, we eagerly anticipate witnessing the progress and benefits of our robust technology. With more than 60 US airports already relying on our system, it was a natural step for us to embark on global expansion. Through our close partnerships, we anticipate that additional airports in Central America will soon follow El Salvador International. We thank our local partners TAS a reputable Technology Company in Central America for this breakthrough project and look forward for mutual success in the region." Lustgarten continued "Our esteemed customers are harnessing the power of our fixed, mobile and handheld technologies to enhance safety, accuracy, streamlining operations, and boost revenue generation. Additionally, the implementation of our seamless solution has significantly improved the overall customer experience and we look forward to continued success." omniQ's Machine Vision AI based patented proprietary technology is based on a Neural Network algorithm developed by omniQ's scientists and selected time after time to serve strategic missions for public security, increasing automation and improving quality of life in the most sensitive areas of transportation. About omniQ Corp. Headquartered in Salt Lake City, Utah, omniQ Corp. (OTCQB: OMQS) -- http://www.omniq.com-- provides computerized and machine vision image processing solutions that use patented and proprietary AI technology to deliver data collection, real time surveillance and monitoring for supply chain management, homeland security, public safety, traffic and parking management and access control applications. The technology and services provided by the Company help clients move people, assets and data safely and securely through airports, warehouses, schools, national borders, and many other applications and environments. Omniq Corp reported a net loss of $13.61 million for the year ended Dec. 31, 2022, compared to a net loss of $13.14 million for the year ended Dec. 31, 2021. As of March 31, 2023, the Company had $68.47 million in total assets, $81.31 million in total liabilities, and a total stockholders' deficit of $12.84 million. Salt Lake City, Utah-based Haynie & Company, the Company's auditor since 2019, issued a "going concern" qualification in its report dated March 30, 2023, citing that the Company has a deficit in stockholders' equity, and has sustained recurring losses from operations. This raises substantial doubt about the Company's ability to continue as a going concern. ONORATI CONSTRUCTION: Unsecureds to Split $48K over 60 Months ------------------------------------------------------------- Onorati Construction Co., Inc., filed with the U.S. Bankruptcy Court for the District of New Jersey a Small Business Combined Plan of Reorganization and Disclosure Statement dated September 19, 2023. The Debtor is a premier civil construction company specializing in milling, paving, and all aspects of road construction. The Debtor was founded in 1918 and began with the name Onorati & Sons. The total value of the Debtor's assets total $2,088,273.45. Industrial Finance, Foley, Bondex Insurance Company, Caterpillar Financial Services Corporation, Ford Credit and GM Financial (collectively, the "Priming Lien Creditors") hold purchase money security interests in certain collateral of the Debtor that prime the SBA Loan. Thus, after excluding the Priming lien Creditors collateral, the value of the SBA's floor to ceiling, wall to wall collateral is approximately $239,408.42. Thus, the SBA will hold a perfected security interest in the collateral in the amount of $239,408.42. The Debtor proposes to pay the SBA $239,409.42 upon a 30-year amortization at 6%. The monthly payment shall be $1,435.37. The Debtor is maintaining its collateral in good form and the collateral is insured. The Debtor proposes to pay Class 3 Creditors (General Unsecured Creditors) their pro rata share of $48,000 payable at $2,400 over five years in quarterly payments. Class 10 consists of General Unsecured Claims. This Class shall receive $800 per month over 60 months for a total of $48,000. The allowed unsecured claims total ($1,720,735.37) (this amount is still being determined in light of the fact that certain claims are subject to objection and reclassification). The Plan provides for all the Debtor's assets to revest in the Debtor. The Plan will be funded by the Debtor's continued monthly income. There shall be no prepayment penalty for any priority, administrative or Class of claims. On Confirmation of the Plan, all property of the Debtor, tangible and intangible, including, without limitation, licenses, furniture, fixtures and equipment, will revert, free and clear of all Claims and Equitable Interests except as provided in the Plan, to the Debtor. The Debtor expects to have sufficient cash on hand to make the payments required on the Effective Date. A full-text copy of the Combined Plan and Disclosure Statement dated September 19, 2023 is available at https://urlcurt.com/u?l=zPYOQT from PacerMonitor.com at no charge. Debtor's Counsel: Anthony Sodono, III, Esq. McMANIMON, SCOTLAND & BAUMANN, LLC 75 Livingston Avenue Second Floor Roseland, NJ 07068 Tel: 973-622-1800 Fax: 973-622-7333 E-mail: asodono@msbnj.com About Onorati Construction Onorati Construction Co., Inc., specializes in paving construction of commercial and residential properties. It is based in Boonton, N.J. Onorati filed Chapter 11 petition (Bankr. D.N.J. Case No. 23 15349) on June 21, 2023, with $2,088,273 in assets and $4,542,351 in liabilities. Nicole Nigrelli, Esq., at Ciardi, Ciardi & Astin has been appointed as Subchapter V trustee. Judge Stacey L. Meisel oversees the case. The Debtor tapped Anthony Sodono, III, Esq., at McManimon, Scotland & Baumann, LLC as bankruptcy counsel and Trif & Modugno, LLC as special counsel. OPYS HOLDINGS: Seeks to Hire Rubin & Levin as Bankruptcy Counsel ---------------------------------------------------------------- OPYS Holdings Inc. and its affiliates seek approval from the U.S. Bankruptcy Court for the Southern District of Indiana to hire Rubin & Levin, P.C. as its counsel. The firm will render these services: a. prepare pleadings and applications and conducting of examinations incidental to administration; b. advise the Debtors of their rights, duties and obligations as debtors in possession; c. perform all legal services incidental and necessary to the day-to-day operations of the businesses in the Chapter 11 cases, all of which are necessary to the proper preservation and administration of these estates; d. consult with the Debtors concerning potential opportunities for sales pursuant to section 363(b) of the Bankruptcy Code and preparation of motions related to any such proceedings; e. negotiate and prepare a plan of reorganization, and all matters relating to confirmation and consummation of such plan; and f. provide any and all other necessary action incident to the proper preservation and administration of these estates in the conduct of Debtors' business. The firm will be paid at these rates: James E. Rossow Jr. $470 Meredith R. Theisen $400 Matthew T. Barr $375 Paralegals $175 Rubin & Levin does not hold or represent any interest adverse to Debtors' bankruptcy estates, and is a "disinterested person" as that term is defined in section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Matthew T. Barr, Esq. Morgan A. Decker, Esq. James E. Rossow, Esq. RUBIN & LEVIN, P.C. 135 N. Pennsylvania Street, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 860-2891 Facsimile: (317) 453-8629 Email: mbarr@rubin-levin.net mdecker@rubin-levin.net jim@rubin-levin.net About OPYS Holdings OPYS Holdings, Inc. is a hospital physician management group providing physician outsourcing services for ER, hospitalists and telemedicine. OPYS Holdings and its affiliates filed petitions under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Ind. Lead Case No. 23-03909) on Sept. 5, 2023, with $19,701 in assets and $18,500,568 in liabilities. Andre T. Creese, M.D., president and chief executive officer, signed the petitions. Judge Robyn L. Moberly oversees the case. Meredith R. Theisen, Esq., at Rubin & Levin, P.C. represents the Debtor as legal counsel. OPYS HOLDINGS: Taps Management Accounting Services as Accountant ---------------------------------------------------------------- OPYS Holdings Inc. and its affiliates seek approval from the U.S. Bankruptcy Court for the Southern District of Indiana to hire Management Accounting Services as its accountant and financial advisor. The firm's services include: a. preparing Monthly Operating Reports; b. completing and filing tax returns; c. assisting in the substantial accounting functions necessary for confirmation of a plan of reorganization or liquidation; d. analyzing Debtors' books and records to assist the Debtors with determining Debtors' assets, liabilities, state of financial affairs, and financial obligations; and e. providing general financial advisory assistance with respect to any other accounting and tax matters. The firm will charge $300 per hour for its services, plus reimbursement of all actual and necessary expenses. Management Accounting received a retainer of $7,500. As disclosed in the court filings, Management Accounting is a "disinterested person" within the meaning of section 101(14) of the Bankruptcy Code. The firm can be reached through: Roger W. Stone, CPA, CFE Management Accounting Services Executive Center, 702 W Bloomington Rd 109 Champaign, IL 61820 Telephone: (217) 398-8698 About OPYS Holdings OPYS Holdings, Inc. is a hospital physician management group providing physician outsourcing services for ER, hospitalists and telemedicine. OPYS Holdings and its affiliates filed petitions under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Ind. Lead Case No. 23-03909) on Sept. 5, 2023, with $19,701 in assets and $18,500,568 in liabilities. Andre T. Creese, M.D., president and chief executive officer, signed the petitions. Judge Robyn L. Moberly oversees the case. Meredith R. Theisen, Esq., at Rubin & Levin, P.C. represents the Debtor as legal counsel. PATHWAY VET: S&P Affirms 'B-' Issuer Credit Rating, Outlook Neg. ---------------------------------------------------------------- S&P Global Ratings affirmed its 'B-' issuer credit rating on U.S.-based veterinary practice management company Pathway Vet Alliance LLC (doing business as Thrive Pet Healthcare) and are maintaining its negative outlook. S&P also affirmed its 'B-' issue-level rating on the senior secured credit facility. The recovery rating remains '3'. The negative outlook reflects the risk the company would be unable to improve its EBITDA margins to the mid- to high-teens level and sustainably generate free cash flows and manage its high debt load during the outlook period. It also reflects the risk that ongoing cash burn accelerates, weakening its currently solid liquidity position. The rating affirmation and outlook maintenance reflects S&P's expectation that although the company will continue to generate negative free cash flows throughout 2023 and 2024, ongoing operational improvements will likely result in significant margin improvement and positive free cash flow generation in 2025. Thrive has continued to deal with compressed margins as a result of higher labor costs, some of which can be attributed to the use of more expensive contract labor to meet demand. The company is also grappling with underutilization of practices as there is often a mismatch of doctor availability to appointment demand which has resulted in slower than expected revenue growth. Due to these challenges, S&P projects S&P Global Ratings-adjusted EBITDA margins to be in the 13% to 14% range in 2023. The company is working on a number of initiatives to address the operational inefficiencies including new scheduling tools for both staff and appointments, as well as programs to increase doctor recruiting and retention. The company achieved early success in terms of margin improvement following the rollout of these programs to a portion of its hospital base in the second quarter. S&P believes the ongoing implementation of these programs across the company into 2024 will result in S&P Global Ratings-adjusted EBITDA margins in the 14.5% to 15.5% range in 2024. S&P said, "Due to the compressed margins expected in 2023, we now expect reported free cash flow to have a deficit of $100 million to $120 million for the full year. With margin improvement expected in 2024, we expect the company's free cash flow deficit will improve to the $50 million to $70 million range in 2024, with free cash flow improving more in the second half of the year. "The company significantly slowed its acquisition pace in 2023 and we currently do not forecast any acquisitions in 2024 because we expect the company to focus on improving profitability. We forecast that Thrive will not make any further acquisitions during 2023 in addition to those already made, bringing its acquisition spending for the year to approximately $20 million--a significant slowdown in pace compared to 2021 and 2022. In 2024, we do not currently forecast the company to complete any additional acquisitions as it continue to focus on improving profitability in its current network. The company has focused on its worse performing general practices and specialty hospitals, resulting in significant initial results. Still, it is uncertain if management can replicate this success across the entire network. We believe the company will continue this strategy across other locations it currently owns instead of acquiring new assets. "We forecast revenue will grow in the low-single-digit range in 2023 and expand by the mid-single-digit range in 2024 primarily as a result of pricing initiatives. We expect minimal revenue growth for the full year of 2023, as pricing increases are partially offset by the company's still lower appointment fill rate primarily due to operational inefficiencies. In 2024, we forecast revenue will grow in 5% to 7% range as they implement strategic pricing initiatives that identify services where pricing may be below market level. Additionally, improvements in appointment scheduling related to an expansion of online and mobile scheduling tools is expected to benefit volumes and appointment fill rates helping the company's top line growth." The company still has significant liquidity to support the high cash burn through 2024 but could run into issues if free cash flow deficits significantly exceed our forecast. The company had over $240 million of cash and cash equivalents at the end of the second quarter this year and access to about $28 million of its revolver (currently undrawn), which is limited by to a 35% draw due to the company exceeding the covenant ratio. Even with the high free cash flow burn expected for the remainder of 2023, S&P still expects the company to have a cash balance of between $160 and $180 million at the end of the year. However, if free cash flow deficits were to worsen or if the company is unable to extend the maturity on its revolver, its liquidity position could deteriorate further warranting a potential downgrade. The negative outlook reflects the risk the company would be unable to continue to improve EBITDA margins to the mid- to high-teens percentage level and sustainably generate free cash flows in order to support its high debt load in the foreseeable future. It also reflects the risk that ongoing cash burn could weaken its solid liquidity position and it may not be able to refinance its revolving credit facility prior to maturity. S&P said, "We could lower our rating on Thrive if we believe its capital structure is unsustainable, which could occur if it is unable to expand its margins to the mid- to high-teen percentage range and generate sustained free cash flows, or if macroeconomic headwinds result in declining volumes that affect top line growth. Under such a scenario, we forecast the company's free operating cash flow (FOCF) deficit would increase, weakening its liquidity position and eroding its covenant headroom. "We could revise our outlook on Thrive to stable if it addresses its recent operating challenges, accelerates its revenue expansion, and improves its profitability bringing EBITDA margins to the mid- to high-teen percentage range. In addition, we would need to anticipate further incremental improvements in its operating performance that support increasing FOCF generation and sustained deleveraging. "Governance factors are a moderately negative consideration in our credit rating analysis. Our highly leveraged assessment of the company's financial risk profile reflects that its corporate decision-making prioritizes the interests of its controlling owners, in line with our view of the majority of rated entities owned by private-equity sponsors. Our assessment also reflects private-equity owners' generally finite holding periods and focus on maximizing shareholder returns." PERFORMANCE RESULTS: Hires Strip Hoppers Leithart as Counsel ------------------------------------------------------------ Performance Results Plus, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Ohio to employ Strip, Hoppers, Leithart, McGrath & Terlecky Co., LPA as counsel. The Debtor requires legal counsel to: (a) give advice with respect to the rights, powers and duties of the Debtor in its Chapter 11 case; (b) advise and assist the Debtor in the preparation of its schedules and statement of financial affairs; (c) assist and advise the Debtor in connection with the administration of its bankruptcy case; (d) analyze claims of creditors and negotiate with such creditors; (e) investigate the acts, conduct, assets, rights, liabilities and financial condition of the Debtor and the Debtor's business; (f) advise and negotiate with respect to the sale of the Debtor's assets; (g) investigate, file and prosecute litigation of behalf of the Debtor; (h) propose a plan of reorganization; (i) appear and represent the Debtor at hearings, conferences and other proceedings; (j) prepare or review court documents; (k) institute or continue any appropriate proceedings to recover assets of the estate; and (l) perform other necessary legal services. The firm will be paid at these rates: Myron Terlecky $395 per hour John W. Kennedy $335 per hour Loni Sammons, Law Clerk $125 per hour In addition, the firm will receive reimbursement for out-of-pocket expenses incurred. The firm received a retainer in the amount of $30,000 from Michael Adkins, a 9 percent shareholder, sole director and the President of the Debtor. John W. Kennedy, Esq., a partner at Strip, Hoppers, Leithart, McGrath & Terlecky Co., LPA , disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: John W. Kennedy, Esq. STRIP, HOPPERS, LEITHART, MCGRATH & TERLECKY CO., LPA 575 South Third Street Columbus, OH 43215-5759 Tel: (614) 228-6345 Fax: (614) 228-6369 Email: jwk@columbuslawyer.net About Performance Results Plus, Inc. Performance Results Plus, Inc. owns and operates a hydraulic machine shop. The Debtor sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Ohio Case No. 23-52960) on August 28, 2023. In the petition signed by Michael L. Adkins, president, the Debtor disclosed $3,219,882 in assets and $3,128,718 in liabilities. Judge Kathryn Preston oversees the case. John W. Kennedy, Esq., at Strip Hoppers Leithart McGrath & Terlecky Co., LPA, represents the Debtor as legal counsel. PROSPERITAS LEADERSHIP: Unsecureds to Get $4,500 in Consensual Plan ------------------------------------------------------------------- Prosperitas Leadership Academy, Inc., filed with the U.S. Bankruptcy Court for the Middle District of Florida a Plan of Reorganization dated September 19, 2023. The Debtor is a Florida not for profit corporation organized by Articles of Incorporation filed with the Florida Secretary of State on July 25, 2007, with an effective date of July 24, 2007. The Debtor is a charter school providing an alternative high school education to students between the ages of 16 and 22 who have dropped out of or at risk of dropping out of a traditional high school. The school provides students with a comprehensive education in life skills, work training, and employment. The school served an average of 200 students during the fiscal year ended June 30, 2022. Class 6 consists of the Allowed Unsecured Claims against the Debtor. This Class is Impaired. * Consensual Plan Treatment: The liquidation value or amount that unsecured creditors would receive in a hypothetical chapter 7 case is approximately $0.00. Accordingly, the Debtor proposes to pay unsecured creditors a pro rata portion of $4,500.00. Payments will be made in equal quarterly payments of $375.00. Payments shall commence on the fifteenth day of the month, on the first month that begins more than fourteen days after the Effective Date and shall continue quarterly for eleven additional quarters. Pursuant to Section 1191 of the Bankruptcy Code, the value to be distributed to unsecured creditors is greater than the Debtor's projected disposable income to be received in the 3-year period beginning on the date that the first payment is due under the plan. Holders of class 6 claims shall be paid directly by the Debtor. * Nonconsensual Plan Treatment: The liquidation value or amount that unsecured creditors would receive in a hypothetical chapter 7 case is approximately $0.00. Accordingly, the Debtor proposes to pay unsecured creditors a pro rata portion of its Projected Disposable Income. If the Debtor remains in possession, plan payments shall include the Subchapter V Trustee's administrative fee which will be billed hourly at the Subchapter V Trustee's then current allowable blended rate. Plan Payments shall commence on the fifteenth day of the month, on the first month that is ninety days after the Effective Date and shall continue quarterly for eleven additional quarters. The initial estimated quarterly payment shall be $0.00; however, the Debtor may have disposable income during the life of the Plan depending on future business. Holders of class 6 claims shall be paid directly by the Debtor. The Plan contemplates that the Reorganized Debtor will continue to operate the Debtor's business. Except as explicitly set forth in this Plan, all cash in excess of operating expenses generated from operation until the Effective Date will be used for Plan Payments or Plan implementation, cash on hand as of Confirmation shall be available for Administrative Expenses. A full-text copy of the Plan of Reorganization dated September 19, 2023 is available at https://urlcurt.com/u?l=KZmkcH from PacerMonitor.com at no charge. Counsel for Debtor: Jeffrey S. Ainsworth, Esq. Jacob D. Flentke, Esq. BransonLaw, PLLC 1501 E. Concord St. Orlando, FL 32803 Telephone: (407) 894-6834 Facsimile: (407) 894-8559 Email: jeff@bransonlaw.com jacob@bransonlaw.com About Prosperitas Leadership Academy Prosperitas Leadership Academy, Inc., is a public charter school for residents of Orange County, California. The Debtor sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 23-02443) on June 21, 2023. In the petition signed by Michael Spence, Board president, the Debtor disclosed $2,009,763 in assets and $2,533,820 in liabilities. Judge Grace E. Robson oversees the case. Jeffrey S. Ainsworth, Esq., at Bransonlaw, PLLC, is the Debtor's legal counsel. PYXUS INTERNATIONAL: Appoints 2 New Independent Officers -------------------------------------------------------- Pyxus International Inc. disclosed on a Form 8-K Report filed with the Securities and Exchange Commission that the Board of Directors of the Company has appointed: 1. Scott A. Burmeister as Executive Vice President and Chief Operating Officer of the Company; and 2. Dustin L. Styons as Executive Vice President, Business Strategy & Sales of the Company. In such capacities, Burmeister and Styons each report directly to the Company's President and Chief Executive Officer and Burmeister serves as the Company's principal operating officer. Burmeister, 46, has 27 years of multinational management and operating experience with the Company's leaf tobacco subsidiary, Alliance One International, LLC, and its subsidiaries and predecessors. He has served as Regional Director, Europe, Middle East & Africa since September 2020 and before that served as Managing Director, Turkey and Regional Director, Europe from October 2015. He served as Managing Director of AOI's Bulgarian subsidiary from January 2010, having previously served as that subsidiary's Sales Director from 2008. Before that, Burmeister served in positions of increasing responsibility with subsidiaries of AOI's predecessor in Zimbabwe and Kyrgyzstan, beginning his career in 1996 with a subsidiary in Zimbabwe as a leaf buyer. Styons, 41, has had an 18-year multifaceted career with the Company and its predecessors. Prior to his appointment as Executive Vice President, Business Strategy & Sales, he served as Vice President, Corporate Finance and Business Development of the Company since May 2021 and as Senior Vice President and Chief Financial Officer of AOI since September 2020, after having served as Regional Financial Director, North & Central America of the Company's predecessor since February 2017. Before that, Styons served in positions of increasing responsibility in finance with the Company's predecessor, including FP&A, Risk Management, Treasury and Corporate Audit. In connection with Burmeister's appointment as Executive Vice President and Chief Operating Officer, his compensation was adjusted to provide for salary at an annual rate of €389,000 and his annual incentive plan target opportunity will be increased to 75% of base salary commencing with the fiscal year beginning April 1, 2024. In connection with Styons' appointment as Executive Vice President Business Strategy & Sales, his compensation was adjusted to provide for salary at an annual rate of $378,000 and his annual incentive plan target opportunity will be increased to 75% of base salary commencing with the fiscal year beginning April 1, 2024. About Pyxus International Pyxus International Inc. -- http://www.pyxus.com/-- is a global agricultural company with 145 years of experience delivering value-added products and services to businesses, customers, and consumers. On June 15, 2020, Pyxus and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 20-11570). Judge Laurie Selber Silverstein oversees the cases. The Debtors tapped Simpson Thacher & Bartlett, LLP as general bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as Delaware bankruptcy counsel; and Lazard Freres & Co. LLC and RPA Advisors, LLC as restructuring advisors. Prime Clerk, LLC served as the claims and noticing agent and administrative advisor. Pyxus announced Aug. 24, 2020, that its Amended Joint Prepackaged Chapter 11 Plan of Reorganization has become effective. As a result, Pyxus has successfully completed its financial restructuring and emerged from Chapter 11 with its debt reduced by more than $400 million and maturities extended. QAD REALTY: Hires Kristin N. Moro as Real Estate Attorney --------------------------------------------------------- QAD Realty, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Kristin N. Moro, Esq., of the Law Offices of Kristin N. Moro, P.C. as its real estate attorney. The firm's services include: a. preparing and/or reviewing of all documents relating to the transaction; b. obtaining any required title search work which you may be contractually obligated to provide the purchasers; c. representing the closing of the real estate transaction; and d. assisting pre-contract, contract and closing consultations as may be required. The firm will receive a flat fee of $7,500. Moro holds no interest adverse to the Debtor or the estate with respect to the matter for which it is to be employed, according to court filings. The firm can be reached through: Kristin N. Moro, Esq. LAW OFFICES OF KRISTIN N. MORO, P.C. 110 Lake Avenue South, Suite 46 Nesconset, NJ 11767- 1071 Phone: (631) 569-4411 About QAD Realty, LLC QAD Realty owns and manages real property. QAD Realty, LLC filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 23-22336) on May 4, 2023. The petition was signed by Quentin Solano as sole member. At the time of filing, the Debtor estimated $1,500,866 in assets and $1,555,357 in liabilities. James J. Rufo, Esq. at the Law Office of James J. Rufo represents the Debtor as counsel. QUICK DRY CARPET: Seeks to Hire Hayward PLLC as Counsel ------------------------------------------------------- Quick Dry Carpet Cleaning, LLC d/b/a Quick Dry Restoration seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to employ Hayward PLLC as counsel. The firm's services include: a. providing the Debtor with legal advice with respect to its powers and duties in the continued operation of its business and management of its property; b. advising the Debtor of its responsibilities under the Bankruptcy Code; c. preparing and filing legal papers; d. assisting the Debtor in preparing and filing its schedules, statement of affairs, monthly financial reports, and initial report; e. representing the Debtor in adversary proceedings and other contested and uncontested matters, both in the bankruptcy court and in other courts of competent jurisdiction, concerning any and all matters related to its bankruptcy proceedings and financial affairs; f. representing the Debtor in the negotiation and documentation of any sales or refinancing of property of the estate, and in obtaining approvals by the court; and g. assisting the Debtor in the formulation of a plan of reorganization and in taking the necessary steps to obtain confirmation of the plan. The firm will be paid at these rates: Todd Headden $375 per hour Charlie Shelton $375 per hour Other attorneys $250 to $500 per hour Paralegals $150 to 195 per hour Legal Assistant $95 per hour In addition, the firm will receive reimbursement for out-of-pocket expenses incurred. Hayward received $10,000 out of the $20,000 retainer fee, which includes the Debtor's filing fee. Todd Headden, Esq., a partner at Hayward, disclosed in a court filing that his firm is a "disinterested person" pursuant to Section 101(14) of the Bankruptcy Code. The firm can be reached through: Todd Headden, Esq. Ron Satija, Esq. HAYWARD, PLLC 7600 Burnet Road, Suite 530 Austin, TX 78757 Tel: (737) 881-7104 Email: theadden@haywardfirm.com rsatija@haywardfirm.com About Quick Dry Carpet Cleaning, LLC d/b/a Quick Dry Restoration Quick Dry Carpet Cleaning LLC is a full-service restoration company in Austin, Texas, serving residential or commercial clients. The Debtor sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 23-10638) on August 16, 2023. In the petition signed by Penny Lane, president & manager, the Debtor disclosed $10 million in both assets and liabilities. Todd Headden, Esq., at Hayward PLLC, represents the Debtor as legal counsel. RA CUSTOM DESIGN: Hires Jones & Walden LLC as Legal Counsel ----------------------------------------------------------- RA Custom Design, Inc. seeks approval from the U.S. Bankruptcy Court for the Northern District of Georgia to employ Jones & Walden, LLC as its legal counsel. The firm's services include: (a) preparing pleadings and applications; (b) conducting examination; (c) advising the Debtor of its rights, duties and obligations; (d) consulting with and representing the Debtor with respect to a Chapter 11 plan; (e) performing legal services incidental and necessary to the day-to-day operations of the Debtor's business; and (f) taking all other actions incident to the proper preservation and administration of the Debtor's estate and business. The firm will be paid at these rates: Attorneys $250 to $425 per hour Paralegals $110 to $250 per hour The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. The retainer is $25,000. Cameron McCord., a partner at Jones & Walden, disclosed in a court filing that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Cameron M. McCord, Esq. JONES & WALDEN LLC 699 Piedmont Ave. NE Atlanta, GA 30308 Tel: (404) 564-9300 Email: cmccord@joneswalden.com About RA Custom Design, Inc. RA Custom Design, Inc. filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 23-58494) on Sept. 1, 2023, with as much as $50,000 in assets and $1 million to $10 million in liabilities. Raymond Curry, authorized representative, signed the petition. Judge Sage M. Sigler oversees the case. Cameron M. McCord, Esq., at Jones & Walden, LLC represents the Debtor as legal counsel. RNB MERCHANDISE: Seeks to Hire Pohl PA as Bankruptcy Counsel ------------------------------------------------------------ RNB Merchandise, LLC seeks approval from the U.S. Bankruptcy Court for the District of South Carolina to hire Robert A. Pohl, Esquire of POHL, PA as its bankruptcy counsel. The firm's services include: a. providing the Debtor with legal advice with respect to its powers and duties in the continued management and control of its assets, and its responsibilities regarding its liabilities to creditors; b. providing legal advice regarding the Debtor's responsibility to provide insurance and bank account information and file monthly operating reports, plan of reorganization, disclosure statement, and final report; and c. preparing bankruptcy schedules, statement of financial affairs, reports, plan of reorganization and other documents. The hourly rates charged by the firm's attorneys and paralegals are as follows: Attorneys $425 per hour Paralegals $75 per hour The firm will be paid a retainer in the amount of $10,000 and will be reimbursed for its out-of-pocket expenses. Robert Pohl, Esq., a partner at Pohl, PA, disclosed in a court filing that his firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Robert A. Pohl, Esq. POHL, PA P.O. Box 27290 Greenville, SC 29616 Tel: (864) 233-6294 Fax: (864) 558-5291 Email: Robert@POHLPA.com About RNB Merchandise, LLC RNB is an internet marketing service provider in South Carolina. RNB Merchandise, LLC sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. S.C. Case No. 23-22298) on August 3, 2023. The petition was signed by Brandon Ruder as sole member. At the time of filing, the Debtor estimated $50,000 in assets and $1 million to $10 million in liabilities. Robert Pohl, Esq. at POHL, P.A. represents the Debtor as counsel. SAN MARINO CAFE: Gregory Jones Named Subchapter V Trustee --------------------------------------------------------- The U.S. Trustee for Region 16 appointed Gregory Jones, Esq., at Stradling Yocca Carlson & Rauth, PC as Subchapter V trustee for San Marino Cafe & Marketplace, LLC. Mr. Jones will be paid an hourly fee of $550 for his services as Subchapter V trustee and will be reimbursed for work-related expenses incurred. Mr. Jones declared that he is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Gregory K. Jones, Esq. Stradling Yocca Carlson & Rauth, PC 10100 N. Santa Monica Boulevard, Suite 1400 Los Angeles, CA 90067 Telephone: (424) 214-7000 Facsimile: (424 214-7010 Email: gjones@stradlinglaw.com About San Marino Cafe and Marketplace San Marino Cafe and Marketplace, LLC operates a bakery and tortilla manufacturing business in San Marino, Calif. The Debtor filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 23-15814) on Sept. 7, 2023, with $26,845 in assets and $1,184,311 in liabilities. Linda Grace Zadoian, managing member, signed the petition. Judge Vincent P. Zurzolo oversees the case. Tamar Terzian, Esq., at Terzian Law Group, PC, represents the Debtor as bankruptcy counsel. SIGYN THERAPEUTICS: Extends Maturity of $2.2M Notes to August 2024 ------------------------------------------------------------------ In 2021-2023, Sigyn Therapeutics, Inc. issued original issue discount convertible notes with a principal balance at June 30, 2023 of $3,051,516 to a number of accredited investors. These convertible notes matured or were to mature at various dates through March 27, 2024. On Sept. 14, 2023, the Company entered into Amendment Agreements with $2,161,316 principal amount of these notes to extend the maturity date to Aug. 30, 2024. As a result of these amendments, the parties agreed to increase the principal amount to reflect an implied 12% interest rate from the date of the Amendment Agreement through the rescheduled maturity date. In addition, the Amendment Agreement provides for an automatic conversion of the notes in accordance with their terms upon a listing of the Company's common stock on a national securities exchange such as NASDAQ or any tier of the New York Stock Exchange. The Company anticipates entering into similar amendment agreements with the remaining holders of the convertible notes, although there can be no assurance to this effect. About Sigyn Sigyn Therapeutics, Inc. is a development-stage company focused on the creation of therapeutic solutions that address unmet needs in global health. Sigyn Therapy, the Company's lead product candidate, is a broad-spectrum blood purification technology designed to treat pathogen-associated inflammatory disorders that are not addressed with approved drug therapies. Sigyn Therapeutics reported a net loss of $2.93 million for the year ended Dec. 31, 2022, compared to a net loss of $3 million for the year ended Dec. 31, 2021. As of March 31, 2023, the Company had $660,447 in total assets, $3.01 million in total liabilities, and a total stockholders' deficit of $2.35 million. New York, NY-based Kreit & Chiu CPA LLP, the Company's auditor since 2021, issued a "going concern" qualification in its report dated March 31, 2023, citing that the Company has suffered recurring losses from operations, has a net capital deficiency, and negative cash flows from operating activities, therefore, the Company has stated that substantial doubt exists about its ability to continue as a going concern. SOUTH AMERICAN BEEF: Sells Properties to Stella Foods for $14,000 ----------------------------------------------------------------- South American Beef, Inc. asked the U.S. Bankruptcy Court for the Southern District of Iowa to approve the sale of its properties to Stella Foods Australia Pty Ltd. The company received an all-cash offer from Stella Foods to buy the properties "as is" and "where is" in exchange for a single, flat fee payment of $14,000. The properties, which consist of furniture, equipment, artwork and intellectual property, will be sold "free and clear" of liens, claims and encumbrances. The properties are unencumbered by any purchase-money security interest but are subject to the "blanket lien" security interest held by J.P. Morgan Chase Bank, senior secured creditor of South American Beef. South American Beef will hold the net sales proceeds in a separate debtor-in-possession savings account at Axos Bank pending confirmation of the company's Chapter 11 plan of liquidation or order from the bankruptcy court, according to its attorney, Jeffrey Goetz, Esq., at Bradshaw Fowler Proctor & Fairgrave P.C. "The sale of these assets will aid in minimizing the expenses of [South American Beef's] estate resulting in a greater distribution to creditors," Mr. Goetz said in a motion filed in court. 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. SPECTRUM GROUP: Moody's Cuts CFR to B2 & Alters Outlook to Negative ------------------------------------------------------------------- Moody's Investors Service downgraded Spectrum Group Buyer, Inc.'s corporate family rating to B2 from B1 and changed the outlook to negative from stable. At the same time, Moody's downgraded the company's probability of default Rating to B2-PD from B1-PD and the senior secured credit facility ratings to B2 from B1. The senior secured credit facility consists of a revolving credit facility that expires in May 2027 and a senior secured term loan that matures in May 2028. "The downgrade reflects Moody's expectation that Spectrum's liquidity and credit metrics will remain weak over the next 4 quarters, driven by soft demand and higher operating costs," said Aziz Al Sammarai, Moody's assistant vice president. Moody's forecasts that liquidity will weaken with limited internally generated cash flow and availability on the company's revolving credit facilities. This is driven, in Moody's view, by weaker EBITDA in second half of 2023 compared to prior year and a slower recovery in 2024, primarily due to continued inventory destocking, softer market demand for Spectrum's products, and higher operating costs. RATINGS RATIONALE Spectrum's rating (B2 CFR) is constrained by weakening liquidity; high financial leverage in 2023; exposure to declining printing and writing paper, graphic paper and carbonless markets, and to volatile pulp prices; low EBITDA margins; and increased balance sheet debt and interest expense. The company's rating benefits from its scale; leading market position in niche specialty paper markets; and exposure to some stable end markets such as labels and food packaging. Spectrum has adequate liquidity through to Q3 2024, with liquidity sources of about $60 million to cover about $20 million of uses. Sources include minimal cash, $20 million available under its revolving credit facilities, and Moody's forecast of about $40 million in free cash flow over the next 4 quarters. Uses consist of about $20 million of mandatory term loan amortization and lease payments. The revolver has a springing first lien net leverage covenant if the revolver is more than 35% drawn. Moody's does not forecast the covenant to be applicable over the next 4 quarters. All assets are encumbered by the credit facilities leaving no sources of alternative liquidity. The negative outlook reflects uncertainty around demand recovery and potential for further weakening in liquidity or credit metrics that could pressure the company's rating. The B2 rating on the senior secured credit facility is in line with the B2 CFR and reflects the preponderance of secured debt in the capital structure. FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS Moody's could downgrade the rating if debt to EBITDA is sustained above 6x, EBITDA/Interest falls toward 1.5x, there is persistent negative free cash flow, or weak liquidity. Moody's could upgrade the rating if liquidity improves, with debt/EBITDA below 4.5x, (retained cash flow - capex)/debt above 5% and EBITDA margins to sustained above 10%. Spectrum Group Buyer, Inc. is operating through Pixelle Specialty Solutions LLC, a manufacturer of specialty papers for diverse end markets. The company is owned by funds affiliated with H.I.G. Capital. The principal methodology used in these ratings was Paper and Forest Products published in December 2021. SPEED TRANS: Hires Neeleman Law Group as Bankruptcy Counsel ----------------------------------------------------------- Speed Trans, LLC received approval from the U.S. Bankruptcy Court for the Western District of Washington to hire Neeleman Law Group as its legal counsel. The firm's services include: a. assisting the Debtor in the investigation of the financial affairs of the estate; b. providing legal assistance to the Debtor with respect to matters relating to its Chapter 11 case and creditor distribution; c. preparing pleadings; and d. providing other necessary legal services. The firm's hourly rates are as follows: Principals $450 per hour Associate $375 per hour Paralegal $175 per hour Neeleman received a retainer of $26,738, a portion of which was used to pay the filing fee in the amount of $1,738. Jennifer Neeleman, Esq., a principal at Neeleman Law Group, disclosed in a court filing that he is a "disinterested person" pursuant to Section 101(14) of the Bankruptcy Code. The firm can be reached at: Jennifer L. Neeleman, Esq. NEELEMAN LAW GROUP, P.C. 1403 8th Street Marysville, WA 98270 Tel: (425) 212-4800 Fax: (425) 212-4802 Email: courtmail@expresslaw.com About Speed Trans, LLC Speed Trans, LLC sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No. 23-41110) on July 10, 2023. In the petition signed by Arashdeep Singh, owner, the Debtor disclosed up to $10 million in both assets and liabilities. Judge Mary Jo Heston oversees the case. Jennifer L. Neeleman, Esq., at Neeleman Law Group, PC, represents the Debtor as legal counsel. ST. MARGARET'S HEALTH: Taps Epiq as Claims and Noticing Agent ------------------------------------------------------------- St. Margaret's Health-Peru and its affiliates seek approval from the U.S. Bankruptcy Court for the Northern District of Illinois to employ Epiq Corporate Restructuring, LLC as its noticing, claims, and balloting agent. The firm will oversee the distribution of notices and will assist in the maintenance, processing and docketing of proofs of claim filed in the Chapter 11 case of the Debtor. The hourly rates of the firm's professionals are as follows: Clerical/Administrative Support Waived IT/Programming $30 - $72 Case Managers $65 - $135 Consultants/Directors/Vice Presidents $135 - $160 Solicitation Consultant $160 Executive Vice President, Solicitation $170 Executives No Charge In addition, Epiq will seek reimbursement for expenses incurred. As of the petition date, Epiq held a retainer in the amount of $10,000. Kathryn Mailloux, consulting director at Epiq, disclosed in a court filing that she is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Kathryn Tran Epiq Corporate Restructuring, LLC 777 Third Avenue, 12th Floor New York, NY 10017 Phone: (646) 282-2532 Email: kmailloux@epiqglobal.com About St. Margaret's Health-Peru St. Margaret's Health-Peru and St. Margaret's Health-Spring Valley are providers of healthcare services. The Debtors filed Chapter 11 petitions (Bankr. N.D. Ill. Lead Case No. 23-11641) on Aug. 31, 2023. At the time of the filing, the Debtors reported $10 million to $50 million in both assets and liabilities. Judge David D. Cleary oversees the cases. Howard L. Adelman, Esq., at Adelman & Gettleman, Ltd. serves as the Debtors' legal counsel. STARNET LLC: Seeks to Hire Eric A. Liepins P.C. as Legal Counsel ---------------------------------------------------------------- Starnet, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire Eric A. Liepins, P.C. as its legal counsel. The Debtor requires legal assistance to liquidate its assets, reorganize the claims of the estate, and determine the validity of claims asserted in the estate. The firm will be paid at these rates: Eric A. Liepins $275 per hour Paralegals and Legal Assistants $30 to $50 per hour In addition, the firm will seek reimbursement for expenses incurred. The firm received a retainer of $5,000, plus filing fee. Mr. Liepins, the sole shareholder of the firm, disclosed in a court filing that his firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Eric A. Liepins, Esq. ERIC A. LIEPINS, PC 12770 Coit Road, Suite 850 Dallas, TX 75251 Telephone: (972) 991-5591 Facsimile: (972) 991-5788 Email: eric@ealpc.com About Starnet LLC Starnet, LLC is a single asset real estate as defined in 11 U.S.C. Section 101(51B). The Debtor is the owner in fee simple title of a real property located at 2413 Briarwood Cove, Cedar Hill, Texas, valued at $1.6 million. Starnet sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 23-31943) on Sep. 1, 2023. In the petition filed by its managing member, Paul Faure, the Debtor reported $1,000,001 to $10 million in total assets and total liabilities. Eric A. Liepins, Esq., at Eric A. Liepins PC represents the Debtor as counsel. STJ ORTHOTIC: Hires Berger Fischoff Shumer as Counsel ----------------------------------------------------- STJ Orthotic Services, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to employ Berger, Fischoff, Shumer, Wexler & Goodman, LLP as counsel. The firm's services include: a. advising the Debtor with respect to its powers and duties in the continued management of its business and property; b. representing the Debtor at court hearings on matters pertaining to its affairs; c. assisting the Debtor in the preparation and negotiation of a plan of reorganization with its creditors; d. preparing legal papers; and e. providing other legal services necessary to administer the Debtor's Chapter 11 case. The firm will be paid at these rates: Partners $550 to $635 per hour Associates $400 to $475 per hour Paralegals $185 per hour The firm will be paid a retainer of $30,000, plus $1,738 for the filing fee. Heath S. Berger, Esq., a partner at Berger, Fischoff, Shumer, Wexler & Goodman, LLP, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Heath S. Berger, Esq. BERGER FISCHOFF SHUMER WEXLER & GOODMAN LLP 6901 Jericho Turnpike #230 Syosset, NY 1179 Tel: (800) 806-1136 Email: hberger@bfslawfirm.com About STJ Orthotic Services, Inc. STJ Orthotic Services, Inc., filed a Chapter 11 bankruptcy petition (Bankr. E.D.N.Y. Case No. 23-73175) on August 28, 2023, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Heath S. Berger, Esq. of BERGER, FISCHOFF, SHUMER, WEXLER & GOODMAN, LLP. SUNPOWER CORP: Heang Steps Down from Company Roles -------------------------------------------------- SunPower Corporation disclosed in a Form 8-K Report filed with the Securities and Exchange Commission that Vichheka Heang has notified SunPower of her intent to resign as the vice president, corporate controller, and principal accounting officer of the Company, effective October 15. Heang's resignation is not the result of any disagreement with the Company on any matter relating to the Company's operations, policies, or practices. In connection with Heang's departure, Elizabeth Eby, the Company's executive vice president and chief financial officer, also will perform the functions of the Company's principal accounting officer, effective October 15. Eby will continue to serve as executive vice president and chief financial officer. There are no arrangements or understandings between Eby and any other persons pursuant to which she was selected as an officer. Eby has no family relationship with any director or executive officer of the Company. The Company is not aware of any transactions in which Eby has a direct or indirect material interest and in which the Company is a party that would require disclosure under Item 404(a) of Regulation S-K. Eby will not receive any adjustment to her compensation or any additional compensation in connection with performing the functions of the principal accounting officer of the Company. About SunPower Corp Headquartered in San Jose, California, SunPower Corporation is an integrated solar products and services company. In August 2023, Egan-Jones Ratings Company maintained its 'BB' foreign currency and local currency senior unsecured ratings on debt issued by SunPower. SUPERTRANSPORT LLC: Robbin Messerli Named Subchapter V Trustee -------------------------------------------------------------- The Acting U.S. Trustee for Region 13 appointed Robbin Messerli as Subchapter V trustee for Supertransport, LLC. Mr. Messerli will be paid an hourly fee of $225 for his services as Subchapter V trustee and will be reimbursed for work-related expenses incurred. Mr. Messerli declared that he is a disinterested person according to Section 101(14) of the Bankruptcy Code. The Subchapter V trustee can be reached at: Robbin L. Messerli 6917 Tomahawk RD P.O Box 8686 Prairie Village, KS 66208-2618 Phone: 913.662.3524 Email: rob.messerli@gunrockvp.com About Supertransport LLC Supertransport, LLC filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. W.D. Mo. Case No. 23-41241) on Sept. 6, 2023, with $660,200 in assets and $1,966,322 in liabilities. Marcus Mueller, member, signed the petition. Erlene W. Krigel, Esq., at Krigel & Krigel, PC, represents the Debtor as legal counsel. SUSTAITA ENTERPRISES: Hires Lane Gorman as Financial Advisor ------------------------------------------------------------ Sustaita Enterprises, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to employ Lane Gorman Trubitt, LLC as financial advisor. The firm's services include: (a) assistance in the review of financial related disclosures required by the Court, including the Schedules of Assets and Liabilities, the Statement of Financial Affairs and Monthly Operating Reports; (b) assistance with the assessment and monitoring of the Debtor's short term cash flow, liquidity, and operating results; (c) assistance with the review of the Debtor's potential disposition or liquidation of both core and non-core assets; (d) assistance with review of any tax issues associated with, but not limited to, claims/stock trading, preservation of net operating losses, refunds due to the Debtor, plans of reorganization, and assets sales; (e) assistance in the review of the claims reconciliation and estimation process; (f) assistance in the review of other financial information prepared by the Debtor, including but not limited to, cash flow projections and budgets, business plans, cash receipts and disbursement analysis, asset and liability analysis, and the economic analysis of proposed transactions for which Court approval is sought; (g) attendance at meetings and assistance in discussions with the Debtor, banks, other secured lenders, the U.S. Trustee, other parties in interest and professionals hired by the same, as requested; (h) assistance in the review and/or preparation of information and analysis necessary for the confirmation of a plan and related disclosure statement in this Chapter 11 Case; (i) assistance in the evaluation and analysis of avoidance actions, including fraudulent conveyances and preferential transfers; and (j) render such other general business consulting or such other assistance as the Debtor or its counsel may deem necessary that are consistent with the role of a financial advisor and not duplicative of services provided by other professionals in this proceeding. The firm will be paid at the rate of $325 per hour for partners, and $205 per hour for directors. The firm received from the Debtor a retainer of $7,500. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Chris Lang, a member of Lane Gorman Trubitt, disclosed in a court filing that his firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Chris Lang Lane Gorman Trubitt, LLC 2626 Howell St., Ste. 700 Dallas, TX 75204 Tel: (214) 871-7500 Fax: (214) 871-0011 Email: askus@lgt-cpa.com About Sustaita Enterprises, LLC Sustaita Enterprises, LLC is a company in Desoto, Texas, which operates in the general freight trucking industry. The Debtor sought protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 23-31812) on Aug. 21, 2023, with $3,969,806 in assets and $3,589,563 in liabilities. Carlos Sustaita, president and member, signed the petition. Judge Scott W. Everett oversees the case. Brandon Tittle, Esq., at Glast, Phillips & Murray, P.C. and Lane Gormatt Trubitt, LLC serve as the Debtor's legal counsel and financial advisor, respectively. TC WARNER: Case Summary & One Unsecured Creditor ------------------------------------------------ Debtor: TC Warner, LLC 1173 South 250 W Suite 310 Saint George UT 84770 Business Description: TC Warner is a Single Asset Real Estate debtor (as defined in 11 U.S.C. Section 101(51B)). Chapter 11 Petition Date: September 25, 2023 Court: United States Bankruptcy Court District of Utah Case No.: 23-24249 Judge: Hon. William T. Thurman Debtor's Counsel: Darren Neilson, Esq. PARSONS BEHLE AND LATIMER 201 S. Main Street Suite 1800 Salt Lake City UT 84111 Tel: 801-532-1234 Email: dneilson@parsonsbehele.com Total Assets: $77,341,970 Total Liabilities: $28,112,927 The petition was signed by Todd Smith as authorized representative of the Debtor. The Debtor listed American Express located at P.O Box 981535 El Paso, TX, 79998-1535, as its sole unsecured creditor holding a claim of $42,927. A full-text copy of the petition is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/L77J2AQ/TC_Warner_LLC__utbke-23-24249__0001.0.pdf?mcid=tGE4TAMA TEXAS TAXI: Gets OK to Hire Hillstrom Kerr & Company as Accountant ------------------------------------------------------------------ Texas Taxi, Inc. received approval from the U.S. Bankruptcy Court for the Southern District of Texas to employ Hillstrom, Kerr & Company, Inc. as its tax accountant. Hillstrom Kerr will prepare its 2021 and 2022 consolidated corporation federal income tax returns on a flat fee basis in the amount of $14,864.67. William J. Hillstrom, Jr., CPA, a shareholder in Hillstrom, assured the court that his firm is a "disinterested person" within the meaning of 11 U.S.C. 101(14). The firm can be reached through: William Hillstrom, Jr., CPA Hillstrom, Kerr & Company 1029 Highway 6 North, Suite 650 PMB 248 Houston, TX 77079 Tel: (832) 436-4200 Fax: (888) 315-1099 Email: WHillstrom@HillKerr.com About Texas Taxi Texas Taxi, Inc., is a company based in Houston, Texas, with a 50-year history of providing transportation services to customers. Texas Taxi was founded initially to provide transportation services to the Greater Houston area and later expanded its services to Austin, San Antonio, and Pasadena. Texas Taxi was formed in August 2003 to acquire the Greater Houston Transportation Company (GHTC), Greater Austin Transportation Company and ultimately Greater San Antonio Transportation Company. Each operated as "Yellow Cab" in their respective jurisdictions. Texas Taxi also acquired Fiesta Cab Company, which was focused on serving Spanish-speaking passenger customers. Texas Taxi and its affiliates sought Chapter 11 protection (Bankr. S.D. Texas Lead Case No. 21-60065) on July 19, 2021. At the time of the filing, Texas Taxi listed up to $50,000 in assets and up to $10 million in liabilities. Hon. Christopher M. Lopez is the case judge. Fuqua & Associates, PC and Doeren Mayhew P.C. serve as the Debtors' legal counsel and accountant, respectively. Jackson Walker, L.L.P. represents Notre Capital Management, Inc., secured creditor. TORRID LLC: $350MM Bank Debt Trades at 17% Discount --------------------------------------------------- Participations in a syndicated loan under which Torrid LLC is a borrower were trading in the secondary market around 82.6 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $350 million facility is a Term loan that is scheduled to mature on June 14, 2028. About $294.6 million of the loan is withdrawn and outstanding. Torrid LLC is a fashion apparel retailer, specializing in plus-size brands. TPT GLOBAL: Completes Deal to Acquire 60% of Tekmovil ----------------------------------------------------- TPT Global Tech, Inc. announced a Share Purchase Agreement completion, acquiring a 60% ownership in Tekmovil Holdings, LLC, the largest smartphone distribution company in Latin America. For the twelve months ended June 30, 2023, Tekmovil generated approximately $210 million in revenue with a net loss of approximately $32M (unaudited) largely from its debt burden that is intended to be restructured in conjunction with this transaction. According to the Company, "An important part of this acquisition is the integration of TPT's VuMe Super App into mobile devices distributed by Tekmovil. Leveraging TPT Global Tech's technological prowess and tapping into Tekmovil's extensive distribution network, we believe we are poised to deliver an unrivaled content experience to users across 16 nations in the Americas." Tekmovil now gains real-time access to the VuMe Super App's backend dashboard, offering insights into performance metrics, usage statistics, and real-time revenue streams stemming from TV broadcast services and in-app purchases. The acquisition for 60% ownership includes two payments totaling $40 million. The initial payment, up to $20 million, can be settled either in cash or through TPT Global Tech Series E Preferred Shares, with a minimum of $10 million in cash paid by Oct. 31, 2023, unless extended by Tekmovil shareholders. Any remaining balance from the first installment can assume the form of a promissory note up to $30M USD, payable on or before March 31, 2024, funded from the proceeds of TPT's planned public offering. The subsequent $20 million payment, at Tekmovil shareholders' discretion, can be fulfilled in cash or TPT Global Tech Series E Preferred Shares. Furthermore, a provision allocates up to $80 million of funds raised from TPT's public offering to facilitate the restructuring of Tekmovil's senior debt through loans encompassing a 5-year term with provisions for expedited repayment to TPT. Finalization of these transactions by March 31, 2024, is subject to adjustment up or down depending on Tekmovil's EBITDA results from the following twelve months, completion of audits, and other customary closing considerations. Funding for this acquisition is intended to come from existing Reg A capital raise, debt financing, or the proposed public offering. Stephen J. Thomas III, the CEO of TPT Global Tech, commented, "The acquisition of Tekmovil signifies a critical juncture in the progression of mobile content engagement. We believe it is poised to significantly reinforce our standing in the market. Over the past year, I have consistently emphasized TPT Global Tech's dedication to providing the essential building blocks for the advancement of TPT. The acquisition of Telmovil underscores our unwavering commitment to our corporate vision and our shareholders, as we persistently endeavor to augment shareholder equity in the years to come." Oscar Rojas, CEO at Tekmovil, added, "This acquisition represents a significant milestone in the mobile content landscape. We are excited to join forces with TPT Global Tech and VüMe to create a dynamic and comprehensive mobile content ecosystem across the Americas. The synergies created are remarkable. We believe this partnership promises to revolutionize mobile content distribution across the Americas." About TPT Global Tech TPT Global Tech Inc. (OTC:TPTW) based in San Diego, California, is a technology holding company based in San Diego, California. It was formed as the successor of two U.S. corporations, Ally Pharma US and TPT Global, Inc. The Company operates in various sectors including media, telecommunications, Smart City Real Estate Development, and the launch of the first super App, VuMe Live technology platform. TPT Global reported a net loss attributable to the Company's shareholders of $61.50 million for the year ended Dec. 31, 2022, compared to a net loss attributable to the Company's shareholders of $4.02 million for the year ended Dec. 31, 2021. As of Dec. 31, 2022, the Company had $1.05 million in total assets, $34.02 million in total liabilities, $58.25 million in mezzanine equity, and a total stockholders' deficit of $91.21 million. Draper, UT-based Sadler, Gibb & Associates, LLC, the Company's auditor since 2016, issued a "going concern" qualification in its report dated May 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. TX LAND BUYER: Seeks to Hire Heidi McLeod Law as Legal Counsel -------------------------------------------------------------- TX Land Buyer, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to employ Heidi McLeod Law Office, PLLC as its legal counsel. The firm's services include: (a) advising and consulting with the Debtor as to its powers and duties in the continued operation of its business and management of its properties during bankruptcy; (b) taking actions as may be necessary to preserve and protect the Debtor's assets including, if required by the facts and circumstances, the prosecution of adversary proceedings and other actions on the Debtor's behalf, the defense of actions commenced against the Debtor, negotiations concerning litigations in which the Debtor is involved, the filing of objections to disputed claims filed against the Debtor's estate, and estimation of claims against the estate; (c) preparing legal documents; and (d) assisting the Debtor in the development, negotiation and confirmation of a plan of reorganization and the preparation of a disclosure statement. The firm will be paid at these rates: Heidi McLeod $450 per hour Legal Assistant $125 per hour Heidi McLeod, Esq., the firm's attorney who will be providing the services, disclosed in a court filing that she is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Heidi McLeod, Esq. HEIDI MCLEOD LAW OFFICE, PLLC 3355 Cherry Ridge, Ste. 214 Tel: (210) 853-0092 Fax: (210) 853-0129 Email: heidimcleodlaw@gmail.com About TX Land Buyer, LLC TX Land is a Single Asset Real Estate debtor (as defined in 11 U.S.C. Section 101(51B)). TX Land Buyer, LLC filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No. 23-51173) on Sep. 1, 2023. The petition was signed by Matthew Schram as owner. At the time of filing, the Debtor estimated $5,625,000 in assets and $4,581,461 in liabilities. Judge Michael M. Parker presides over the case. Heidi McLeod, Esq. at HEIDI MCLEOD LAW OFFICE, PLLC represents the Debtor as counsel. UBER TECHNOLOGIES: S&P Upgrades ICR to 'BB-' on Maturing Business ----------------------------------------------------------------- S&P Global Ratings raised its issuer credit rating on San Francisco-based mobility, delivery, and freight platform provider Uber Technologies Inc. to 'BB-' from 'B+'. The outlook is positive. S&P said, "We also raised our senior secured issue-level rating to 'BB' from 'BB-' and unsecured rating to 'B+' from 'B'. The '2' senior secured recovery rating and '5' unsecured recovery rating are unchanged. "The positive outlook reflects our view that we could raise the rating over the next 12 months if Uber performs in line with our forecast and stays on track to meeting its 2024 goals. "Uber has steadily improved operating metrics, and we think it is on track to achieve its 2024 goals for EBITDA and cash flow. Uber has reported eight quarters of steadily improving EBITDA with over $900 million of management adjusted EBITDA last quarter and set the high end of its guidance for next quarter at $1.025 billion, which it has consistently exceeded in recent quarters. We expect this trend to continue toward its goal of $5 billion in 2024. This allowed Uber to flip its $1.5 billion S&P Global Ratings-adjusted EBITDA loss in 2021 to a $2.4 billion gain over the last four quarters and neutralize its $2.3 billion adjusted cash flow deficit from 2021. We estimate quarterly annualized S&P Global Ratings-adjusted gross leverage of 3.4x for the second quarter. Mobility bookings continued recovering from the COVID-19 pandemic with above-trend year-over-year growth in the second quarter of 28% in constant currency. Uber exceeded pre-pandemic mobility drivers and riders late in 2022 and 2019 mobility bookings for the last five quarters. Constant currency delivery bookings growth moderated to the low- to mid-teens percentages over the last six quarters following a tough COVID-19-induced comparable period in 2021. Both segments have steadily improved EBITDA margins on increasing network scale, easing driver supply incentives, and lower consumer promotions, and delivery benefits from increasing high-margin ad sales. Both segments have plenty of room to make progress toward the company's long-term targets. Mobility EBITDA as a percentage of bookings was 7.0% compared to the company's long-term target of over 10%, up 120 basis points from a year ago, and delivery EBITDA margin was 2.1% compared to the target of 5% and up from about neutral in the first quarter 2022. We think expanding Uber One membership, increasing ad sales, and broadening platform offerings will be key drivers of EBITDA growth. "As a result of this sustained improvement in operating performance and our increasing confidence in the sustainability of industry economics, we are taking a more constructive view of Uber's business risk profile. This also incorporates the increasing robustness of the company's platform that gives it more opportunities to drive performance, improving profitability, and falling regulatory risk. "The positive outlook reflects our view that we could raise the rating over the next 12 months if Uber performs in line with our forecast and stays on track to meeting its 2024 goals for EBITDA and cash flow. "We could raise the rating on Uber if it can deliver S&P Global Ratings-adjusted net leverage of below 3x and FOCF to debt above 15%, which it would achieve if it performs in line with our base-case forecast." This would likely be the result of: -- Double-digit percentage bookings growth, particularly in mobility as consumer ride-sharing behavior continues to normalize following the COVID-19 pandemic; -- Increasing margins on network scale, falling incentives, leverage on operating expenses, and increasing high-margin ad sales; -- A consistent or improving regulatory environment; and -- No large leveraging acquisitions or other events. S&P could revise the outlook to stable if leverage remains above 3x and FOCF to debt remains below 15%. This would entail Uber falling well short of its 2024 goals and could be the result of: -- Stagnating consumer engagement resulting from saturation in the mobility segment or unsustainable unit economics in delivery; -- Increasing competition that holds margins down; -- A deteriorating regulatory environment that might include a renewed push to classify drivers as employees; or -- A leveraging acquisition. UNITED GUNITE: Case Summary & 10 Unsecured Creditors ---------------------------------------------------- Debtor: United Gunite, Inc. 17220 Houston Drive Cypress, TX 77433 Business Description: The Company is a swimming pool gunite company in Texas. Chapter 11 Petition Date: September 25, 2023 Court: United States Bankruptcy Court Southern District of Texas Case No.: 23-33676 Debtor's Counsel: Jack N. Fuerst, Esq. JACK N. FUERST, ATTORNEY AT LAW 2500 Tanglewilde St, Suite 320 Houston, TX 77063 Tel: (713) 299-8221 Fax: (713) 789-2606 Email: jfuerst@sbcglobal.net Estimated Assets: $0 to $50,000 Estimated Liabilities: $1 million to $10 million The petition was signed by Steve Lanni as president. A full-text copy of the petition containing, among other items, a list of the Debtor's 10 unsecured creditors is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/CLSQF6A/United_Gunite_Inc__txsbke-23-33676__0001.0.pdf?mcid=tGE4TAMA UNITED SAFETY: Unsecureds to Get Share of Income for 3 Years ------------------------------------------------------------ United Safety and Alarms, Inc., filed with the U.S. Bankruptcy Court for the Southern District of Florida a Chapter 11 Plan of Reorganization dated September 19, 2023. The Debtor is a leader in security and surveillance with its principal place of business in Broward County, Florida. The Debtor was founded by Sherif Assal. Mr. Assal is the Debtor's sole shareholder and Director. The corporate headquarters is located at 5555 N. Nob Hill Road, Suite 200, Sunrise, Florida 33351. The Debtor leases the office space from 5555 Nobhill Road, LLC, a Florida limited liability company owned by Sherine Assal, sister of Sherif Assal, the Debtor's principal (the "Office Lease"). The Debtor's primary asset is a portfolio of alarm monitoring contracts, its related cash flow and monitoring fee receivables paid by third party security companies that own noncustomer security services contracts (collectively, the "Portfolio"). Cash flow from the Portfolio is a "Recurring Monthly Revenues" asset. As of the Petition Date, the net book value of the Portfolio was $1,085,604. The Debtor cannot estimate the current market value of the Portfolio. Class 3 consists of the Allowed General Unsecured Claims. Without prejudice, the Debtor estimates that Class 3 may consist of Allowed General Unsecured Claims in the approximate total amount of $277,186.56. This amount excludes a claim in the amount of $12,318,443.00 filed by Alarm Connections, Inc. which amount is disputed by the Debtor and is subject to estimation. To avoid any doubt, Class 3 excludes any Unsecured Claims held by individual Insiders which are classified under Class 4. Except to the extent that a holder of an Allowed Class 3 Claim has been paid prior to the Effective Date or agrees to a different treatment, in full satisfaction, settlement, release, extinguishment and discharge of such Claim, each holder of an Allowed Class 3 Claim shall receive a Pro Rata Distribution from projected disposable income (total income not reasonably necessary to be expended for the payment of expenditures necessary for the continuation, preservation, or operation of the business of the debtor) ("Projected Disposable Income") over 3 years first payable on January 1, 2024 and each quarter thereafter through and including December 31, 2026. The Debtor's Projected Disposable Income will be calculated and filed with Exhibit B on or before 21 days prior to the Confirmation Hearing. The Allowed Class 3 Claims are Impaired. Class 5 consists of Allowed Equity Interests in the Debtor owned by Sherif Assal. Upon the Effective Date, the Allowed Equity Interests in the Debtor shall be cancelled, and the Debtor shall issue 100% of the new equity in the Debtor to Mr. Sherif. The Allowed Class 5 Equity Interests are Unimpaired. The sources of consideration for Distributions under the Plan include: (i) the renewed letter of credit between the Reorganized Debtor and AUC (with respect to Administrative Claims only); (ii) the Debtor's cash on hand as of the Effective Date; (iii) Projected Disposable Income of the Reorganized Debtor and (iv) the Release Contribution. With regard to the Release Contribution, the payment will be made by Sherif Assal in an amount to be determined within 21 days prior to the Confirmation Hearing. United Safety and Alarms, Inc., as the Reorganized Debtor, shall continue to exist after the Effective Date with all powers of a corporation under the laws of the State of Florida and without prejudice to any right to alter or terminate such existence (whether by merger or otherwise) under applicable law; and, following the Effective Date, the Reorganized Debtor may operate its business free of any restrictions imposed by the Bankruptcy Code, the Bankruptcy Rules or by the Court, subject only to the terms and conditions of this Plan and Confirmation Order. A full-text copy of the Plan of Reorganization dated September 19, 2023 is available at https://urlcurt.com/u?l=QOW1b9 from PacerMonitor.com at no charge. Counsel for the Debtor: Paul J. Battista, Esq. Mariaelena Gayo-Guitian, Esq Heather L. Harmon, Esq. Venable, LLP 100 Southeast Second Street, Suite 4400 Miami, FL 33131 Tel: (305) 349-2300 Email: pjbattista@venable.com About United Safety and Alarms United Safety and Alarms Inc. -- https://www.unitedsafetyandalarms.com/ -- has developed and implemented comprehensive security and surveillance systems for homes, businesses, events and government organizations and home security systems in North West Florida. United Safety and Alarms Inc. sought relief under Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 23-14861) on June 22, 2023. In the petition filed by Sherif Assal, as sole director, the Debtor reports estimated assets and liabilities between $1 million and $10 million. Honorable Bankruptcy Judge Scott M Grossman oversees the case. Soneet Kapila is the Subchapter V trustee. The Debtor is represented by Paul J. Battista, Esq., at VENABLE LLP. US RENAL CARE: $1.25BB Bank Debt Trades at 35% Discount ------------------------------------------------------- Participations in a syndicated loan under which US Renal Care Inc is a borrower were trading in the secondary market around 64.6 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $1.25 billion facility is a Term loan that is scheduled to mature on June 28, 2028. The amount is fully drawn and outstanding. U.S. Renal Care is a dialysis provider available for people living with chronic and acute renal disease. VARDAN LLC: Linda Gore Named Subchapter V Trustee ------------------------------------------------- J. Thomas Corbett, the U.S. Bankruptcy Administrator for the Northern District of Alabama, appointed Linda B. Gore as Subchapter V Trustee for Vardan, LLC. The Subchapter V trustee can be reached at: Linda B. Gore P.O. Box 1338 Gadsden, AL 35902 Telephone No. (256) 393-5492 Email: linda@ch13gadsden.com About Vardan LLC Vardan, LLC owns a motel/hotel located at 8721 Madison Blvd. (Hwy 20 W), Madison, Ala., valued at $5.16 million. The Debtor filed a petition under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Ala. Case No. 23-81630) on Sept. 5, 2023, with $5,199,091 in assets and $6,844,752 in liabilities. Subbarao Yallapragada, member, signed the petition. Judge Clifton R. Jessup Jr. oversees the case. Kevin D. Heard, Esq., at Heard, Ary & Dauro, LLC represents the Debtor as legal counsel. VARDAN LLC: Seeks to Hire Heard Ary & Dauro as Legal Counsel ------------------------------------------------------------ Vardan LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Alabama to hire Northern District of Alabama to hire Heard, Ary & Dauro, LLC as its bankruptcy counsel. The firm's services include: (a) advising the Debtor regarding its powers and duties; (b) taking necessary action against various creditors, entities, governmental agencies, etc., to enforce the stay and protect the interests of the Debtor; (c) preparing legal papers, including the formulation of a disclosure statement and plan of reorganization; and (d) performing all other legal services for Debtor. The hourly rates charged by the firm's attorneys are as follows: Kevin D. Heard $375 per hour Angela S. Ary $300 per hour As disclosed in court filings, Heard, Ary & Dauro is a disinterested person within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Kevin D. Heard, Esq. Angela S. Ary, Esq. HEARD, ARY & DAURO, LLC 303 Williams Avenue, Suite 921 Huntsville, AL 35801 Phone: (256) 535-0817 Email: kheard@heardlaw.com aary@heardlaw.com About Vardan LLC Vardan owns a motel/hotel located at 8721 Madison Blvd (Hwy 20 W), Madison Alamaba valued at $5.16 million. Vardan LLC filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ala. Case No. 23-81630 on Sep. 5, 2023. The petition was signed by Subbarao Yallapragada as member. At the time of filing, the Debtor estimated $5,199,091 in assets and $6,844,752 in liabilities. Judge Clifton R. Jessup Jr. oversees the case. Kevin D. Heard, Esq. at HEARD, ARY & DAURO, LLC represents the Debtor as counsel. VIRGIN PULSE: $185MM Bank Debt Trades at 16% Discount ----------------------------------------------------- Participations in a syndicated loan under which Virgin Pulse Inc is a borrower were trading in the secondary market around 84.3 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $185 million facility is a Term loan that is scheduled to mature on April 6, 2029. The amount is fully drawn and outstanding. Virgin Pulse, Inc. operates as a digital health, well-being, and engagement company. The Company focuses on engaging users every day in building and sustaining healthy behaviors and driving measurable outcomes for employees, employers, and health plans. WAYFORTH LLC: Seeks to Hire Kutak Rock as Bankruptcy Counsel ------------------------------------------------------------ WayForth, LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of Virginia to hire Kutak Rock LLP to serve as legal counsel in its Chapter 11 case. The firm will assist the Debtor's preparation for the commencement and prosecution of the Debtor's Chapter 11 case. The firm's hourly rates are as follows: Attorneys Loc Pfeiffer, Partner $695 Peter J. Barrett, Partner $600 Associates $450 Paralegals Lynda M. Wood $125 Amanda Nugent $125 Kutak Rock is a "disinterested person," as that phrase is defined in Section 101(14) of the Bankruptcy Code, according to court papers filed by the firm. The firm can be reached through: Michael A. Condyles, Esq. Peter J. Barrett, Esq. Jeremy S. Williams, Esq. Brian H. Richardson, Esq. KUTAK ROCK LLP 901 East Byrd Street, Suite 1000 Richmond, VA 23219-4071 Tel: (804) 644-1700 Fax: (804) 783-6192 About WayForth LLC WayForth, LLC delivers personalized moving and move management services for life and business in Central Virginia. The Debtor filed Chapter 11 petition (Bankr. E.D. Va. Case No. 23-33000) on Sept. 1, 2023, with up to $10 million in both assets and liabilities. Craig Shealy, manager, signed the petition. Judge Kevin R. Huennekens oversees the case. Kutak Rock, LLP represents the Debtor as legal counsel. WHEEL PROS: $1.18BB Bank Debt Trades at 29% Discount ---------------------------------------------------- Participations in a syndicated loan under which Wheel Pros Inc is a borrower were trading in the secondary market around 71.1 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $1.18 billion facility is a Term loan that is scheduled to mature on May 11, 2028. About $1.15 billion of the loan is withdrawn and outstanding. Wheel Pros, Inc. manufactures vehicle wheels. The Company distributes wheels, tires, suspension, and accessories for vehicles. Wheel Pros serves customers in the United States and Canada. WOOF HOLDINGS: $750MM Bank Debt Trades at 19% Discount ------------------------------------------------------ Participations in a syndicated loan under which Woof Holdings Inc is a borrower were trading in the secondary market around 80.8 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $750 million facility is a Term loan that is scheduled to mature on December 21, 2027. The amount is fully drawn and outstanding. Headquartered in Tewksbury, Massachusetts, Woof Holdings, Inc., through its acquisition of The Wellness Pet Food Holdings Company, Inc., is a manufacturer of premium pet food and treats, mainly in North America. YELLOW CORPORATION: Hires Kasowitz Benson Torreas Special Counsel ----------------------------------------------------------------- Yellow Corporation and its affiliates seek approval from the U.S. Bankruptcy Court for the District of Delaware to employ Kasowitz Benson Torres LLP as special litigation counsel. The Debtor needs the firm's legal assistance in connection with the foregoing disputes both pending in the United States District Court for the District of Kansas: a lawsuit against the International Brotherhood of Teamsters for breaches of contract, Case No. 6:23-cv-01131-JAR-ADM; and a claim for gender discrimination, Case No. 2:22-cv-02278, as well as additional pre-petition litigation. The firm will be paid at these rates: Partners $1,155 to $2,300 per hour Special Counsels $1,150 to $2,000 per hour Associates $625 to $1,150 per hour Staff Attorneys $425 to $715 per hour Paralegals/Legal Staffs $310 to $595 per hour The firm received payment from the Debtors during the year prior to the Petition Date in the amount of $10,808,844. As of the Petition Date, the firm had an outstanding invoice to the Debtors in the amount of $1,323,987. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Marc E. Kasowitz, Esq., a partner at Kasowitz Benson Torres LL, disclosed in a court filing that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached at: Marc E. Kasowitz, Esq. KASOWITZ BENSON TORRES LLP 1633 Broadway New York, NY 10019 Tel: (212) 506-1700 About Yellow Corporation 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. Ernst & Young acts as tax services provider. 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 ScholerLLP, 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. The U.S. Trustee for Region 3 appointed an official committee to represent unsecured creditors in the Chapter 11 cases of Yellow Corporation and its affiliates. ZAYO GROUP: $750MM Bank Debt Trades at 18% Discount --------------------------------------------------- Participations in a syndicated loan under which Zayo Group Holdings Inc is a borrower were trading in the secondary market around 82.1 cents-on-the-dollar during the week ended Friday, September 22, 2023, according to Bloomberg's Evaluated Pricing service data. The $750 million facility is a Term loan that is scheduled to mature on March 9, 2027. The amount is fully drawn and outstanding. Zayo Group is a privately held company headquartered in Boulder, Colorado, with European headquarters in London, England. The company provides communications infrastructure services. [*] Andrew Yearley Joins Rothschild & Co's Restructuring Practice ----------------------------------------------------------------- Rothschild & Co on Sept. 21 disclosed that Andrew Yearley will join the firm's Restructuring practice as Managing Director, Global Co-Head of Restructuring, effective October 16, 2023. Mr. Yearley brings more than 30 years of experience advising clients on complex and high-profile restructurings, M&A transactions, and capital raises to Rothschild & Co. "Appointing a leader of Andrew's prominence and caliber is a major strategic move that reflects Rothschild & Co's continued commitment to growing its Restructuring business in North America," said Lee LeBrun, Partner and Head of Global Advisory, North America. "Andrew will play an integral role in the further expansion of the practice and will enhance the firm's capabilities at a time when we see significant opportunities in this space. We are excited to welcome him to the firm and utilize his extensive experience to provide best-in-class Restructuring counsel to our clients." Before joining Rothschild & Co, Mr. Yearley was Managing Director of Restructuring and Capital Solutions at Lazard, where he worked for 24 years and managed the New York restructuring group. In this role, he represented companies, sponsors, creditors, unions, and governments in complex restructurings, M&A, and capital raises across a range of industries. He led some of the firm's largest and most notable assignments involving Toshiba, American Airlines, GM, Linn Energy, McDermott, and Fannie Mae. Prior to this, Mr. Yearley held several senior roles in restructuring at Alex Brown and Ernst & Young. Mr. Yearley started his career at Chase Manhattan Bank. Mr. Yearley is also Chairman of the Board of the Greyston Foundation and an adjunct professor at Duke University. Mr. Yearley graduated with an MBA from Columbia University in New York and a B.A. in Political Science from Duke University in North Carolina. Robert Leitão, Managing Partner of Rothschild & Co, said: "We are delighted to welcome Andrew to the firm. His deep expertise and established network will elevate our Global Advisory practice in North America and around the world, and will be of immense value to our clients facing restructuring challenges and opportunities in the years ahead." "I am honored to join Rothschild & Co's Restructuring practice as it continues to expand in North America," said Mr. Yearley. "I look forward to driving the business and I am excited to partner with Lee and the world-class Rothschild & Co team in providing exceptional counsel to our clients." About Rothschild & Co, Global Advisory Rothschild & Co is a family-controlled and independent group and has been at the centre of the world's financial markets for over 200 years. With a team of c.4,200 talented financial services specialists on the ground in over 40 countries, Rothschild & Co's integrated global network of trusted professionals provide in-depth market intelligence and effective long-term solutions for our clients in Global Advisory, Wealth & Asset Management, and Merchant Banking. Global Advisory, a division of the Rothschild & Co group, designs and executes strategic M&A and financing solutions, providing impartial, expert advice to large and mid-sized corporations, private equity, families and entrepreneurs, and governments. Through its unrivalled network of 1,500 industry and financing specialists in 42 countries, Rothschild & Co's Global Advisory business combines the breadth of its advisory offering with a high volume of transactions to achieve a unique understanding and perspective into markets and participants worldwide. [^] Large Companies with Insolvent Balance Sheet ------------------------------------------------ Total Share Total Total Holders' Working Asssets Equity Capital Company Ticker ($MM) ($MM) ($MM) ------- ------ ------- -------- ------- ACCELERATE DIAGN AXDX* MM 49.9 (38.7) (11.5) AEMETIS INC AMTX US 212.6 (238.9) (88.0) AEMETIS INC DW51 GR 212.6 (238.9) (88.0) AEMETIS INC AMTXGEUR EZ 212.6 (238.9) (88.0) AEMETIS INC AMTXGEUR EU 212.6 (238.9) (88.0) AEMETIS INC DW51 GZ 212.6 (238.9) (88.0) AEMETIS INC DW51 TH 212.6 (238.9) (88.0) AEMETIS INC DW51 QT 212.6 (238.9) (88.0) AIR CANADA AC CN 30,783.0 (581.0) (227.0) AIR CANADA ADH2 GR 30,783.0 (581.0) (227.0) AIR CANADA ACEUR EU 30,783.0 (581.0) (227.0) AIR CANADA ADH2 TH 30,783.0 (581.0) (227.0) AIR CANADA ACDVF US 30,783.0 (581.0) (227.0) AIR CANADA ADH2 QT 30,783.0 (581.0) (227.0) AIR CANADA ACEUR EZ 30,783.0 (581.0) (227.0) AIR CANADA ADH2 GZ 30,783.0 (581.0) (227.0) ALNYLAM PHAR-BDR A1LN34 BZ 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE ALNY US 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE DUL GR 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE DUL QT 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE ALNYEUR EU 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE DUL TH 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE DUL SW 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE ALNY* MM 3,402.4 (408.1) 1,735.4 ALNYLAM PHARMACE DUL GZ 3,402.4 (408.1) 1,735.4 ALPHATEC HOLDING L1Z1 GR 628.2 (4.6) 160.9 ALPHATEC HOLDING ATEC US 628.2 (4.6) 160.9 ALPHATEC HOLDING ATECEUR EU 628.2 (4.6) 160.9 ALPHATEC HOLDING L1Z1 GZ 628.2 (4.6) 160.9 ALTICE USA INC-A ATUS US 32,107.7 (381.5) (2,271.1) ALTICE USA INC-A 15PA GR 32,107.7 (381.5) (2,271.1) ALTICE USA INC-A 15PA TH 32,107.7 (381.5) (2,271.1) ALTICE USA INC-A ATUSEUR EU 32,107.7 (381.5) (2,271.1) ALTICE USA INC-A 15PA GZ 32,107.7 (381.5) (2,271.1) ALTICE USA INC-A ATUS* MM 32,107.7 (381.5) (2,271.1) ALTICE USA INC-A ATUS-RM RM 32,107.7 (381.5) (2,271.1) ALTIRA GP-CEDEAR MOC AR 37,151.0 (3,777.0) (7,326.0) ALTIRA GP-CEDEAR MOD AR 37,151.0 (3,777.0) (7,326.0) ALTIRA GP-CEDEAR MO AR 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7 GR 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MO* MM 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MO US 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MO SW 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MOEUR EU 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC 4MO TE 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7 TH 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MO CI 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7 QT 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MOUSD SW 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7 GZ 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC 0R31 LI 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC ALTR AV 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MOEUR EZ 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MOCL CI 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC MO-RM RM 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7 BU 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7D EB 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7D IX 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP INC PHM7D I2 37,151.0 (3,777.0) (7,326.0) ALTRIA GROUP-BDR MOOO34 BZ 37,151.0 (3,777.0) (7,326.0) AMC ENTERTAINMEN AMC US 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AH91 GR 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AMC4EUR EU 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AH91 TH 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AH91 QT 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AMC* MM 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AH91 GZ 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AH91 SW 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AMC-RM RM 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN A2MC34 BZ 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AH9 BU 8,669.7 (2,582.6) (846.6) AMC ENTERTAINMEN AMCE AV 8,669.7 (2,582.6) (846.6) AMERICAN AIR-BDR AALL34 BZ 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL US 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE A1G GR 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL* MM 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE A1G TH 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE A1G QT 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE A1G GZ 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL11EUR EU 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL AV 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE 4AAL TE 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE A1G SW 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE 0HE6 LI 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL11EUR EZ 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL-RM RM 67,260.0 (4,385.0) (6,096.0) AMERICAN AIRLINE AAL_KZ KZ 67,260.0 (4,385.0) (6,096.0) AULT DISRUPTIVE ADRT/U US 2.9 (3.0) (1.7) AUTOZONE INC AZO US 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZ5 TH 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZ5 GR 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZOEUR EU 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZ5 QT 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZO AV 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC 4AZO TE 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZO* MM 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZOEUR EZ 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZ5 GZ 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC AZO-RM RM 14,635.8 (4,301.6) (2,470.7) AUTOZONE INC-BDR AZOI34 BZ 14,635.8 (4,301.6) (2,470.7) AVID TECHNOLOGY AVID US 293.8 (119.0) 9.4 AVID TECHNOLOGY AVD GR 293.8 (119.0) 9.4 AVID TECHNOLOGY AVD TH 293.8 (119.0) 9.4 AVID TECHNOLOGY AVD GZ 293.8 (119.0) 9.4 AVIS BUD-CEDEAR CAR AR 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CUCA GR 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CAR US 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CUCA QT 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CAR2EUR EU 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CAR* MM 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CAR2EUR EZ 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CUCA TH 31,395.0 (125.0) (611.0) AVIS BUDGET GROU CUCA GZ 31,395.0 (125.0) (611.0) BABCOCK & WILCOX BW US 986.9 (13.0) 192.6 BABCOCK & WILCOX UBW1 GR 986.9 (13.0) 192.6 BABCOCK & WILCOX BWEUR EU 986.9 (13.0) 192.6 BABCOCK & WILCOX UBW1 TH 986.9 (13.0) 192.6 BATH & BODY WORK LTD0 GR 5,195.0 (2,154.0) 680.0 BATH & BODY WORK LTD0 TH 5,195.0 (2,154.0) 680.0 BATH & BODY WORK BBWI US 5,195.0 (2,154.0) 680.0 BATH & BODY WORK LBEUR EU 5,195.0 (2,154.0) 680.0 BATH & BODY WORK BBWI* MM 5,195.0 (2,154.0) 680.0 BATH & BODY WORK LTD0 QT 5,195.0 (2,154.0) 680.0 BATH & BODY WORK BBWI AV 5,195.0 (2,154.0) 680.0 BATH & BODY WORK LBEUR EZ 5,195.0 (2,154.0) 680.0 BATH & BODY WORK LTD0 GZ 5,195.0 (2,154.0) 680.0 BATH & BODY WORK BBWI-RM RM 5,195.0 (2,154.0) 680.0 BELLRING BRANDS BRBR US 722.4 (364.7) 282.4 BELLRING BRANDS D51 TH 722.4 (364.7) 282.4 BELLRING BRANDS BRBR2EUR EU 722.4 (364.7) 282.4 BELLRING BRANDS D51 GR 722.4 (364.7) 282.4 BELLRING BRANDS D51 QT 722.4 (364.7) 282.4 BEYOND MEAT INC BYND US 968.6 (299.1) 442.8 BEYOND MEAT INC 0Q3 GR 968.6 (299.1) 442.8 BEYOND MEAT INC 0Q3 GZ 968.6 (299.1) 442.8 BEYOND MEAT INC BYNDEUR EU 968.6 (299.1) 442.8 BEYOND MEAT INC 0Q3 TH 968.6 (299.1) 442.8 BEYOND MEAT INC 0Q3 QT 968.6 (299.1) 442.8 BEYOND MEAT INC BYND AV 968.6 (299.1) 442.8 BEYOND MEAT INC 0Q3 SW 968.6 (299.1) 442.8 BEYOND MEAT INC 0A20 LI 968.6 (299.1) 442.8 BEYOND MEAT INC BYNDEUR EZ 968.6 (299.1) 442.8 BEYOND MEAT INC 4BYND TE 968.6 (299.1) 442.8 BEYOND MEAT INC BYND* MM 968.6 (299.1) 442.8 BEYOND MEAT INC BYND-RM RM 968.6 (299.1) 442.8 BIOCRYST PHARM BO1 TH 529.9 (388.7) 417.6 BIOCRYST PHARM BCRX US 529.9 (388.7) 417.6 BIOCRYST PHARM BO1 GR 529.9 (388.7) 417.6 BIOCRYST PHARM BO1 QT 529.9 (388.7) 417.6 BIOCRYST PHARM BCRXEUR EU 529.9 (388.7) 417.6 BIOCRYST PHARM BCRX* MM 529.9 (388.7) 417.6 BIOCRYST PHARM BCRXEUR EZ 529.9 (388.7) 417.6 BIOTE CORP-A BTMD US 139.1 (73.2) 90.4 BOEING CO-BDR BOEI34 BZ 134,774.0 (15,493.0) 15,336.0 BOEING CO-CED BA AR 134,774.0 (15,493.0) 15,336.0 BOEING CO-CED BAD AR 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA EU 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCO GR 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BAEUR EU 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE 4BA TE 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA* MM 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA SW 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BOEI BB 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA US 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCO TH 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA PE 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA CI 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCO QT 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BAUSD SW 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCO GZ 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA AV 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA-RM RM 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BAEUR EZ 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BA EZ 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BACL CI 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCOD EB 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCOD IX 134,774.0 (15,493.0) 15,336.0 BOEING CO/THE BCOD I2 134,774.0 (15,493.0) 15,336.0 BOMBARDIER INC-A BBD/A CN 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-A BDRAF US 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-A BBD GR 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-A BBD/AEUR EU 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-A BBD GZ 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBD/B CN 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBDC GR 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BDRBF US 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBDC TH 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBDBN MM 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBD/BEUR EU 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBDC GZ 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBD/BEUR EZ 12,544.0 (2,490.0) (285.0) BOMBARDIER INC-B BBDC QT 12,544.0 (2,490.0) (285.0) BOOKING HLDG-BDR BKNG34 BZ 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS PCE1 GR 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BKNG US 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BKNG* MM 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS PCE1 TH 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BKNG CI 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BKNG SW 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS PCE1 QT 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BKNGUSD SW 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS PCLNEUR EU 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS PCE1 GZ 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BOOK AV 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS 4BKNG TE 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS PCLNEUR EZ 26,558.0 (665.0) 6,868.0 BOOKING HOLDINGS BKNG-RM RM 26,558.0 (665.0) 6,868.0 BOX INC- CLASS A BOX US 1,068.1 (45.9) 99.4 BOX INC- CLASS A 3BX GR 1,068.1 (45.9) 99.4 BOX INC- CLASS A 3BX TH 1,068.1 (45.9) 99.4 BOX INC- CLASS A 3BX QT 1,068.1 (45.9) 99.4 BOX INC- CLASS A BOXEUR EU 1,068.1 (45.9) 99.4 BOX INC- CLASS A BOXEUR EZ 1,068.1 (45.9) 99.4 BOX INC- CLASS A 3BX GZ 1,068.1 (45.9) 99.4 BOX INC- CLASS A BOX-RM RM 1,068.1 (45.9) 99.4 BRIDGEBIO PHARMA BBIO US 503.7 (1,349.6) 322.8 BRIDGEBIO PHARMA 2CL GR 503.7 (1,349.6) 322.8 BRIDGEBIO PHARMA 2CL GZ 503.7 (1,349.6) 322.8 BRIDGEBIO PHARMA BBIOEUR EU 503.7 (1,349.6) 322.8 BRIDGEBIO PHARMA 2CL TH 503.7 (1,349.6) 322.8 BRINKER INTL EAT US 2,487.0 (144.3) (352.6) BRINKER INTL BKJ GR 2,487.0 (144.3) (352.6) BRINKER INTL BKJ QT 2,487.0 (144.3) (352.6) BRINKER INTL EAT2EUR EU 2,487.0 (144.3) (352.6) BRINKER INTL BKJ TH 2,487.0 (144.3) (352.6) BROOKFIELD INF-A BIPC CN 10,973.0 (764.0) (3,410.0) BROOKFIELD INF-A BIPC US 10,973.0 (764.0) (3,410.0) CALUMET SPECIALT CLMT US 2,804.2 (297.8) (350.8) CARDINAL HEA BDR C1AH34 BZ 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CAH US 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CLH GR 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CLH TH 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CLH QT 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CAHEUR EU 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CLH GZ 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CAH* MM 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CAHEUR EZ 43,417.0 (2,851.0) 127.0 CARDINAL HEALTH CAH-RM RM 43,417.0 (2,851.0) 127.0 CARDINAL-CEDEAR CAH AR 43,417.0 (2,851.0) 127.0 CARDINAL-CEDEAR CAHC AR 43,417.0 (2,851.0) 127.0 CARDINAL-CEDEAR CAHD AR 43,417.0 (2,851.0) 127.0 CARVANA CO CVNA US 7,849.0 (1,406.0) 1,733.0 CARVANA CO CV0 TH 7,849.0 (1,406.0) 1,733.0 CARVANA CO CV0 QT 7,849.0 (1,406.0) 1,733.0 CARVANA CO CVNAEUR EU 7,849.0 (1,406.0) 1,733.0 CARVANA CO CV0 GR 7,849.0 (1,406.0) 1,733.0 CARVANA CO CV0 GZ 7,849.0 (1,406.0) 1,733.0 CARVANA CO CVNAEUR EZ 7,849.0 (1,406.0) 1,733.0 CARVANA CO CV0 SW 7,849.0 (1,406.0) 1,733.0 CARVANA CO CVNA* MM 7,849.0 (1,406.0) 1,733.0 CARVANA CO CVNA-RM RM 7,849.0 (1,406.0) 1,733.0 CEDAR FAIR LP FUN US 2,316.4 (762.7) (233.6) CENTRUS ENERGY-A LEU US 762.0 (32.5) 197.2 CENTRUS ENERGY-A 4CU TH 762.0 (32.5) 197.2 CENTRUS ENERGY-A 4CU GR 762.0 (32.5) 197.2 CENTRUS ENERGY-A LEUEUR EU 762.0 (32.5) 197.2 CENTRUS ENERGY-A 4CU GZ 762.0 (32.5) 197.2 CENTRUS ENERGY-A 4CU QT 762.0 (32.5) 197.2 CHENIERE ENERGY CQP US 19,557.0 (1,046.0) (139.0) CINEPLEX INC CGX CN 2,234.8 (62.6) (293.6) CINEPLEX INC CX0 GR 2,234.8 (62.6) (293.6) CINEPLEX INC CPXGF US 2,234.8 (62.6) (293.6) CINEPLEX INC CX0 TH 2,234.8 (62.6) (293.6) CINEPLEX INC CGXEUR EU 2,234.8 (62.6) (293.6) CINEPLEX INC CGXN MM 2,234.8 (62.6) (293.6) CINEPLEX INC CX0 GZ 2,234.8 (62.6) (293.6) COGENT COMMUNICA CCOI US 998.4 (548.5) 201.4 COGENT COMMUNICA OGM1 GR 998.4 (548.5) 201.4 COGENT COMMUNICA CCOIEUR EU 998.4 (548.5) 201.4 COGENT COMMUNICA CCOI* MM 998.4 (548.5) 201.4 COGENT COMMUNICA OGM1 TH 998.4 (548.5) 201.4 COHERUS BIOSCIEN CHRS US 469.6 (174.8) 216.0 COHERUS BIOSCIEN 8C5 GR 469.6 (174.8) 216.0 COHERUS BIOSCIEN 8C5 TH 469.6 (174.8) 216.0 COHERUS BIOSCIEN CHRSEUR EU 469.6 (174.8) 216.0 COHERUS BIOSCIEN 8C5 QT 469.6 (174.8) 216.0 COHERUS BIOSCIEN CHRSEUR EZ 469.6 (174.8) 216.0 COHERUS BIOSCIEN 8C5 GZ 469.6 (174.8) 216.0 COMMSCOPE HOLDIN COMM US 11,165.7 (485.1) 1,703.3 COMMSCOPE HOLDIN CM9 GR 11,165.7 (485.1) 1,703.3 COMMSCOPE HOLDIN COMMEUR EU 11,165.7 (485.1) 1,703.3 COMMSCOPE HOLDIN CM9 TH 11,165.7 (485.1) 1,703.3 COMMUNITY HEALTH CG5 TH 14,648.0 (820.0) 1,116.0 COMPOSECURE INC CMPO US 181.1 (271.9) 61.3 CONSENSUS CLOUD CCSI US 667.1 (217.4) 90.9 CONTANGO ORE INC CTGO US 25.7 (4.8) 10.0 COOPER-STANDARD CPS US 1,870.8 (61.7) 208.5 COOPER-STANDARD C31 GR 1,870.8 (61.7) 208.5 COOPER-STANDARD CPSEUR EU 1,870.8 (61.7) 208.5 COOPER-STANDARD C31 GZ 1,870.8 (61.7) 208.5 COOPER-STANDARD C31 TH 1,870.8 (61.7) 208.5 CPI CARD GROUP I PMTS US 300.1 (63.0) 116.3 CPI CARD GROUP I CPB1 GR 300.1 (63.0) 116.3 CPI CARD GROUP I PMTSEUR EU 300.1 (63.0) 116.3 CUTERA INC CUTREUR EZ 463.8 (69.1) 266.9 CYTOKINETICS INC CYTK US 779.9 (333.1) 521.0 CYTOKINETICS INC KK3A GR 779.9 (333.1) 521.0 CYTOKINETICS INC KK3A QT 779.9 (333.1) 521.0 CYTOKINETICS INC CYTKEUR EU 779.9 (333.1) 521.0 CYTOKINETICS INC KK3A TH 779.9 (333.1) 521.0 DELEK LOGISTICS DKL US 1,692.6 (129.5) 29.0 DELL TECHN-C DELL US 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C 12DA TH 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C 12DA GR 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C 12DA GZ 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C DELL1EUR EU 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C DELLC* MM 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C 12DA QT 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C DELL AV 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C DELL1EUR EZ 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C DELL-RM RM 85,658.0 (2,677.0) (11,943.0) DELL TECHN-C-BDR D1EL34 BZ 85,658.0 (2,677.0) (11,943.0) DENNY'S CORP DE8 GR 465.6 (42.6) (49.9) DENNY'S CORP DENN US 465.6 (42.6) (49.9) DENNY'S CORP DENNEUR EU 465.6 (42.6) (49.9) DENNY'S CORP DE8 TH 465.6 (42.6) (49.9) DENNY'S CORP DE8 GZ 465.6 (42.6) (49.9) DIEBOLD NIXDORF DBD US 3,405.5 (2,130.6) (953.4) DIGITALOCEAN HOL DOCN US 1,497.9 (267.6) 474.8 DIGITALOCEAN HOL 0SU GR 1,497.9 (267.6) 474.8 DIGITALOCEAN HOL 0SU TH 1,497.9 (267.6) 474.8 DIGITALOCEAN HOL DOCNEUR EU 1,497.9 (267.6) 474.8 DIGITALOCEAN HOL 0SU GZ 1,497.9 (267.6) 474.8 DIGITALOCEAN HOL 0SU QT 1,497.9 (267.6) 474.8 DINE BRANDS GLOB DIN US 1,666.6 (281.0) (130.4) DINE BRANDS GLOB IHP GR 1,666.6 (281.0) (130.4) DINE BRANDS GLOB IHP TH 1,666.6 (281.0) (130.4) DINE BRANDS GLOB IHP GZ 1,666.6 (281.0) (130.4) DOMINO'S P - BDR D2PZ34 BZ 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA EZV TH 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA EZV GR 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA DPZ US 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA EZV QT 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA DPZEUR EU 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA DPZ AV 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA DPZ* MM 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA EZV GZ 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA DPZEUR EZ 1,596.2 (4,166.6) 252.1 DOMINO'S PIZZA DPZ-RM RM 1,596.2 (4,166.6) 252.1 DOMO INC- CL B DOMO US 212.1 (151.8) (84.3) DOMO INC- CL B 1ON GR 212.1 (151.8) (84.3) DOMO INC- CL B 1ON GZ 212.1 (151.8) (84.3) DOMO INC- CL B DOMOEUR EU 212.1 (151.8) (84.3) DOMO INC- CL B 1ON TH 212.1 (151.8) (84.3) DOMO INC- CL B 1ON QT 212.1 (151.8) (84.3) DROPBOX INC-A DBX US 2,938.6 (411.9) 203.3 DROPBOX INC-A 1Q5 GR 2,938.6 (411.9) 203.3 DROPBOX INC-A 1Q5 SW 2,938.6 (411.9) 203.3 DROPBOX INC-A 1Q5 TH 2,938.6 (411.9) 203.3 DROPBOX INC-A 1Q5 QT 2,938.6 (411.9) 203.3 DROPBOX INC-A DBXEUR EU 2,938.6 (411.9) 203.3 DROPBOX INC-A DBX AV 2,938.6 (411.9) 203.3 DROPBOX INC-A DBX* MM 2,938.6 (411.9) 203.3 DROPBOX INC-A DBXEUR EZ 2,938.6 (411.9) 203.3 DROPBOX INC-A 1Q5 GZ 2,938.6 (411.9) 203.3 DROPBOX INC-A DBX-RM RM 2,938.6 (411.9) 203.3 EMBECTA CORP EMBC US 1,252.1 (809.4) 401.7 EMBECTA CORP EMBC* MM 1,252.1 (809.4) 401.7 EMBECTA CORP JX7 GR 1,252.1 (809.4) 401.7 EMBECTA CORP JX7 QT 1,252.1 (809.4) 401.7 EMBECTA CORP EMBC1EUR EZ 1,252.1 (809.4) 401.7 EMBECTA CORP EMBC1EUR EU 1,252.1 (809.4) 401.7 EMBECTA CORP JX7 GZ 1,252.1 (809.4) 401.7 EMBECTA CORP JX7 TH 1,252.1 (809.4) 401.7 ETSY INC ETSY US 2,568.8 (464.2) 910.5 ETSY INC 3E2 GR 2,568.8 (464.2) 910.5 ETSY INC 3E2 TH 2,568.8 (464.2) 910.5 ETSY INC 3E2 QT 2,568.8 (464.2) 910.5 ETSY INC 2E2 GZ 2,568.8 (464.2) 910.5 ETSY INC 300 SW 2,568.8 (464.2) 910.5 ETSY INC ETSY AV 2,568.8 (464.2) 910.5 ETSY INC ETSYEUR EZ 2,568.8 (464.2) 910.5 ETSY INC ETSY* MM 2,568.8 (464.2) 910.5 ETSY INC ETSY-RM RM 2,568.8 (464.2) 910.5 ETSY INC 4ETSY TE 2,568.8 (464.2) 910.5 ETSY INC - BDR E2TS34 BZ 2,568.8 (464.2) 910.5 ETSY INC - CEDEA ETSY AR 2,568.8 (464.2) 910.5 EVOLUS INC EOLS US 169.0 (7.0) 55.1 EVOLUS INC EVL GR 169.0 (7.0) 55.1 EVOLUS INC EOLSEUR EU 169.0 (7.0) 55.1 EVOLUS INC EVL TH 169.0 (7.0) 55.1 EVOLUS INC EVL QT 169.0 (7.0) 55.1 EVOLUS INC EVL GZ 169.0 (7.0) 55.1 EVOLUS INC EOLSEUR EZ 169.0 (7.0) 55.1 FAIR ISAAC - BDR F2IC34 BZ 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FRI GR 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FICO US 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FICOEUR EU 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FRI QT 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FICOEUR EZ 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FICO1* MM 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FRI GZ 1,584.6 (704.0) 182.1 FAIR ISAAC CORP FRI TH 1,584.6 (704.0) 182.1 FENNEC PHARMACEU FRX CN 19.4 (9.7) 15.6 FENNEC PHARMACEU FENC US 19.4 (9.7) 15.6 FENNEC PHARMACEU RV41 TH 19.4 (9.7) 15.6 FENNEC PHARMACEU RV41 GR 19.4 (9.7) 15.6 FENNEC PHARMACEU FRXEUR EU 19.4 (9.7) 15.6 FENNEC PHARMACEU RV41 GZ 19.4 (9.7) 15.6 FERRELLGAS PAR-B FGPRB US 1,555.4 (210.8) 203.4 FERRELLGAS-LP FGPR US 1,555.4 (210.8) 203.4 FIBROGEN INC FGEN* MM 515.1 (60.3) 217.3 FIBROGEN INC FGEN-RM RM 515.1 (60.3) 217.3 FOGHORN THERAPEU FHTX US 339.6 (49.4) 233.9 GCM GROSVENOR-A GCMG US 450.8 (100.9) 89.4 GEN RESTAURANT G GENK US 184.7 31.6 12.3 GODADDY INC -BDR G2DD34 BZ 6,793.9 (664.5) (1,204.8) GODADDY INC-A GDDY US 6,793.9 (664.5) (1,204.8) GODADDY INC-A 38D GR 6,793.9 (664.5) (1,204.8) GODADDY INC-A 38D QT 6,793.9 (664.5) (1,204.8) GODADDY INC-A GDDY* MM 6,793.9 (664.5) (1,204.8) GODADDY INC-A 38D TH 6,793.9 (664.5) (1,204.8) GODADDY INC-A 38D GZ 6,793.9 (664.5) (1,204.8) GOOSEHEAD INSU-A GSHD US 323.2 (13.4) 15.1 GOOSEHEAD INSU-A 2OX GR 323.2 (13.4) 15.1 GOOSEHEAD INSU-A GSHDEUR EU 323.2 (13.4) 15.1 GOOSEHEAD INSU-A 2OX TH 323.2 (13.4) 15.1 GOOSEHEAD INSU-A 2OX QT 323.2 (13.4) 15.1 GREEN PLAINS PAR GPP US 127.5 (1.5) 3.5 GROUPON INC G5NA GR 587.2 (24.8) (171.8) GROUPON INC G5NA TH 587.2 (24.8) (171.8) GROUPON INC GRPN US 587.2 (24.8) (171.8) GROUPON INC G5NA QT 587.2 (24.8) (171.8) GROUPON INC GRPNEUR EU 587.2 (24.8) (171.8) GROUPON INC G5NA GZ 587.2 (24.8) (171.8) GROUPON INC GRPN AV 587.2 (24.8) (171.8) GROUPON INC GRPN* MM 587.2 (24.8) (171.8) GROUPON INC GRPNEUR EZ 587.2 (24.8) (171.8) HCM ACQUISITI-A HCMA US 295.2 276.9 1.0 HCM ACQUISITION HCMAU US 295.2 276.9 1.0 HERBALIFE LTD HOO GR 2,770.6 (1,150.4) 130.6 HERBALIFE LTD HLF US 2,770.6 (1,150.4) 130.6 HERBALIFE LTD HLFEUR EU 2,770.6 (1,150.4) 130.6 HERBALIFE LTD HOO QT 2,770.6 (1,150.4) 130.6 HERBALIFE LTD HOO GZ 2,770.6 (1,150.4) 130.6 HERBALIFE LTD HOO SW 2,770.6 (1,150.4) 130.6 HERBALIFE LTD HOO TH 2,770.6 (1,150.4) 130.6 HERON THERAPEUTI HRTX-RM RM 201.2 (39.3) 78.6 HEWLETT-CEDEAR HPQD AR 36,632.0 (2,245.0) (7,727.0) HEWLETT-CEDEAR HPQC AR 36,632.0 (2,245.0) (7,727.0) HEWLETT-CEDEAR HPQ AR 36,632.0 (2,245.0) (7,727.0) HILTON WORLD-BDR H1LT34 BZ 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HLT US 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HI91 TH 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HI91 GR 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HI91 QT 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HLTEUR EU 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HLT* MM 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE 4HLT TE 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HLTEUR EZ 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HLTW AV 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HI91 GZ 15,297.0 (1,423.0) (855.0) HILTON WORLDWIDE HLT-RM RM 15,297.0 (1,423.0) (855.0) HP COMPANY-BDR HPQB34 BZ 36,632.0 (2,245.0) (7,727.0) HP INC HPQ* MM 36,632.0 (2,245.0) (7,727.0) HP INC HPQ US 36,632.0 (2,245.0) (7,727.0) HP INC 7HP TH 36,632.0 (2,245.0) (7,727.0) HP INC 7HP GR 36,632.0 (2,245.0) (7,727.0) HP INC 4HPQ TE 36,632.0 (2,245.0) (7,727.0) HP INC HPQ CI 36,632.0 (2,245.0) (7,727.0) HP INC HPQ SW 36,632.0 (2,245.0) (7,727.0) HP INC 7HP QT 36,632.0 (2,245.0) (7,727.0) HP INC HPQUSD SW 36,632.0 (2,245.0) (7,727.0) HP INC HPQEUR EU 36,632.0 (2,245.0) (7,727.0) HP INC 7HP GZ 36,632.0 (2,245.0) (7,727.0) HP INC HPQ AV 36,632.0 (2,245.0) (7,727.0) HP INC HPQEUR EZ 36,632.0 (2,245.0) (7,727.0) HP INC HPQ-RM RM 36,632.0 (2,245.0) (7,727.0) HP INC 7HPD EB 36,632.0 (2,245.0) (7,727.0) HP INC 7HPD IX 36,632.0 (2,245.0) (7,727.0) HP INC 7HPD I2 36,632.0 (2,245.0) (7,727.0) IHEARTMEDIA-CL A IHRT US 6,983.8 (403.5) 605.6 INHIBRX INC INBX US 213.2 (24.8) 172.0 INHIBRX INC 1RK GR 213.2 (24.8) 172.0 INHIBRX INC INBXEUR EU 213.2 (24.8) 172.0 INHIBRX INC 1RK QT 213.2 (24.8) 172.0 INSEEGO CORP INSG-RM RM 153.7 (70.8) 22.9 INSMED INC INSM US 1,439.1 (155.7) 848.2 INSMED INC IM8N GR 1,439.1 (155.7) 848.2 INSMED INC IM8N TH 1,439.1 (155.7) 848.2 INSMED INC INSMEUR EU 1,439.1 (155.7) 848.2 INSMED INC INSM* MM 1,439.1 (155.7) 848.2 INSPIRATO INC ISPO* MM 365.4 (122.9) (173.8) INSPIRED ENTERTA INSE US 353.5 (50.3) 64.4 INSPIRED ENTERTA 4U8 GR 353.5 (50.3) 64.4 INSPIRED ENTERTA INSEEUR EU 353.5 (50.3) 64.4 INTUITIVE MACHIN LUNR US 95.8 (72.8) (58.1) INVITAE CORP NVTA* MM 1,523.0 (200.8) 299.3 INVITAE CORP NVTA-RM RM 1,523.0 (200.8) 299.3 IRONWOOD PHARMAC I76 GR 603.2 (346.8) 12.2 IRONWOOD PHARMAC IRWD US 603.2 (346.8) 12.2 IRONWOOD PHARMAC I76 TH 603.2 (346.8) 12.2 IRONWOOD PHARMAC I76 QT 603.2 (346.8) 12.2 IRONWOOD PHARMAC IRWDEUR EU 603.2 (346.8) 12.2 IRONWOOD PHARMAC I76 GZ 603.2 (346.8) 12.2 JACK IN THE BOX JBX GR 2,951.8 (705.4) (228.5) JACK IN THE BOX JACK US 2,951.8 (705.4) (228.5) JACK IN THE BOX JACK1EUR EU 2,951.8 (705.4) (228.5) JACK IN THE BOX JBX GZ 2,951.8 (705.4) (228.5) JACK IN THE BOX JBX QT 2,951.8 (705.4) (228.5) JACK IN THE BOX JACK1EUR EZ 2,951.8 (705.4) (228.5) L BRANDS INC-BDR B1BW34 BZ 5,195.0 (2,154.0) 680.0 LESLIE'S INC LESL US 1,137.4 (179.8) 221.4 LESLIE'S INC LE3 GR 1,137.4 (179.8) 221.4 LESLIE'S INC LESLEUR EU 1,137.4 (179.8) 221.4 LESLIE'S INC LE3 TH 1,137.4 (179.8) 221.4 LESLIE'S INC LE3 QT 1,137.4 (179.8) 221.4 LIFEMD INC LFMD US 33.9 (7.4) (7.9) LINDBLAD EXPEDIT LIND US 853.8 (103.1) (73.9) LINDBLAD EXPEDIT LI4 GR 853.8 (103.1) (73.9) LINDBLAD EXPEDIT LINDEUR EU 853.8 (103.1) (73.9) LINDBLAD EXPEDIT LI4 TH 853.8 (103.1) (73.9) LINDBLAD EXPEDIT LI4 QT 853.8 (103.1) (73.9) LINDBLAD EXPEDIT LI4 GZ 853.8 (103.1) (73.9) LOWE'S COS INC LWE GR 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOW US 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LWE TH 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOW SW 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LWE QT 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOWEUR EU 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LWE GZ 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOW* MM 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC 4LOW TE 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOWE AV 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOWEUR EZ 44,521.0 (14,732.0) 4,624.0 LOWE'S COS INC LOW-RM RM 44,521.0 (14,732.0) 4,624.0 LOWE'S COS-BDR LOWC34 BZ 44,521.0 (14,732.0) 4,624.0 LUMINAR TECHNOLO LAZR US 658.4 (82.3) 393.9 LUMINAR TECHNOLO LAZR* MM 658.4 (82.3) 393.9 LUMINAR TECHNOLO LAZR-RM RM 658.4 (82.3) 393.9 LUMINAR TECHNOLO 9FS GR 658.4 (82.3) 393.9 LUMINAR TECHNOLO LAZREUR EU 658.4 (82.3) 393.9 LUMINAR TECHNOLO 9FS TH 658.4 (82.3) 393.9 LUMINAR TECHNOLO 9FS GZ 658.4 (82.3) 393.9 LUMINAR TECHNOLO 9FS QT 658.4 (82.3) 393.9 LUMINE GROUP INC LMN CN 1,481.8 (2,860.1) (3,545.5) LUMINE GROUP INC LMGIF US 1,481.8 (2,860.1) (3,545.5) MADISON SQUARE G MSGS US 1,315.0 (337.2) (371.3) MADISON SQUARE G MS8 GR 1,315.0 (337.2) (371.3) MADISON SQUARE G MSG1EUR EU 1,315.0 (337.2) (371.3) MADISON SQUARE G MS8 TH 1,315.0 (337.2) (371.3) MADISON SQUARE G MS8 QT 1,315.0 (337.2) (371.3) MADISON SQUARE G MS8 GZ 1,315.0 (337.2) (371.3) MADISON SQUARE G MSGE US 1,401.2 (69.5) (245.4) MADISON SQUARE G MSGE1* MM 1,401.2 (69.5) (245.4) MANNKIND CORP NNFN GR 313.4 (260.5) 133.3 MANNKIND CORP MNKD US 313.4 (260.5) 133.3 MANNKIND CORP NNFN TH 313.4 (260.5) 133.3 MANNKIND CORP NNFN QT 313.4 (260.5) 133.3 MANNKIND CORP MNKDEUR EU 313.4 (260.5) 133.3 MANNKIND CORP NNFN GZ 313.4 (260.5) 133.3 MARKETWISE INC MKTW* MM 445.6 (257.3) (50.3) MARRIOTT - BDR M1TT34 BZ 25,087.0 (224.0) (4,076.0) MARRIOTT INTERNA MAQD EB 25,087.0 (224.0) (4,076.0) MARRIOTT INTERNA MAQD IX 25,087.0 (224.0) (4,076.0) MARRIOTT INTERNA MAQD I2 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAQ TH 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAQ GR 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAR US 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAQ QT 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAREUR EU 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAQ GZ 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAR AV 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A 4MAR TE 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAQ SW 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAREUR EZ 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAR* MM 25,087.0 (224.0) (4,076.0) MARRIOTT INTL-A MAR-RM RM 25,087.0 (224.0) (4,076.0) MATCH GROUP -BDR M1TC34 BZ 4,339.0 (177.5) 594.8 MATCH GROUP INC 0JZ7 LI 4,339.0 (177.5) 594.8 MATCH GROUP INC MTCH US 4,339.0 (177.5) 594.8 MATCH GROUP INC MTCH1* MM 4,339.0 (177.5) 594.8 MATCH GROUP INC 4MGN TH 4,339.0 (177.5) 594.8 MATCH GROUP INC 4MGN GR 4,339.0 (177.5) 594.8 MATCH GROUP INC 4MGN QT 4,339.0 (177.5) 594.8 MATCH GROUP INC 4MGN SW 4,339.0 (177.5) 594.8 MATCH GROUP INC MTC2 AV 4,339.0 (177.5) 594.8 MATCH GROUP INC 4MGN GZ 4,339.0 (177.5) 594.8 MATCH GROUP INC MTCH-RM RM 4,339.0 (177.5) 594.8 MBIA INC MBI US 3,257.0 (988.0) - MBIA INC MBJ GR 3,257.0 (988.0) - MBIA INC MBJ QT 3,257.0 (988.0) - MBIA INC MBI1EUR EU 3,257.0 (988.0) - MBIA INC MBJ GZ 3,257.0 (988.0) - MCDONALD'S CORP MDOD EB 50,442.0 (4,999.1) 1,271.7 MCDONALD'S CORP MDOD IX 50,442.0 (4,999.1) 1,271.7 MCDONALD'S CORP MDOD I2 50,442.0 (4,999.1) 1,271.7 MCDONALDS - BDR MCDC34 BZ 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MDO TH 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP 4MCD TE 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MDO GR 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCD* MM 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCD US 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCD SW 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCD CI 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MDO QT 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCDUSD EU 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCDUSD SW 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCDEUR EU 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MDO GZ 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCD AV 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCDUSD EZ 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCDEUR EZ 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP 0R16 LN 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCD-RM RM 50,442.0 (4,999.1) 1,271.7 MCDONALDS CORP MCDCL CI 50,442.0 (4,999.1) 1,271.7 MCDONALDS-CEDEAR MCDD AR 50,442.0 (4,999.1) 1,271.7 MCDONALDS-CEDEAR MCDC AR 50,442.0 (4,999.1) 1,271.7 MCDONALDS-CEDEAR MCD AR 50,442.0 (4,999.1) 1,271.7 MCKESSON CORP MCK* MM 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK GR 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK US 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK TH 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK1EUR EU 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK QT 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK GZ 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK1EUR EZ 64,096.0 (1,240.0) (2,883.0) MCKESSON CORP MCK-RM RM 64,096.0 (1,240.0) (2,883.0) MCKESSON-BDR M1CK34 BZ 64,096.0 (1,240.0) (2,883.0) MEDIAALPHA INC-A MAX US 140.2 (94.4) (3.7) METTLER-TO - BDR M1TD34 BZ 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTD US 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTO GR 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTO QT 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTO GZ 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTO TH 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTDEUR EU 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTD* MM 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTDEUR EZ 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTD AV 3,370.4 (89.7) 238.5 METTLER-TOLEDO MTD-RM RM 3,370.4 (89.7) 238.5 MSCI INC 3HM GR 4,762.8 (1,193.7) 306.1 MSCI INC MSCI US 4,762.8 (1,193.7) 306.1 MSCI INC 3HM QT 4,762.8 (1,193.7) 306.1 MSCI INC 3HM SW 4,762.8 (1,193.7) 306.1 MSCI INC MSCI* MM 4,762.8 (1,193.7) 306.1 MSCI INC MSCIEUR EZ 4,762.8 (1,193.7) 306.1 MSCI INC 3HM GZ 4,762.8 (1,193.7) 306.1 MSCI INC 3HM TH 4,762.8 (1,193.7) 306.1 MSCI INC MSCI AV 4,762.8 (1,193.7) 306.1 MSCI INC MSCI-RM RM 4,762.8 (1,193.7) 306.1 MSCI INC-BDR M1SC34 BZ 4,762.8 (1,193.7) 306.1 NANOSTRING TECHN NSTG* MM 289.0 (21.5) 159.0 NATHANS FAMOUS NATH US 65.8 (39.2) 36.2 NATHANS FAMOUS NFA GR 65.8 (39.2) 36.2 NATHANS FAMOUS NATHEUR EU 65.8 (39.2) 36.2 NATIONAL CINEMED NCMI US 43.4 (19.3) 14.0 NEW ENG RLTY-LP NEN US 386.9 (64.3) - NINE ENERGY SERV NEJ TH 438.5 (13.4) 124.1 NIOCORP DEVELOPM NB CN 33.1 (13.9) 3.5 NOVAVAX INC NVV1 GR 1,685.0 (754.5) (468.7) NOVAVAX INC NVAX US 1,685.0 (754.5) (468.7) NOVAVAX INC NVV1 TH 1,685.0 (754.5) (468.7) NOVAVAX INC NVV1 QT 1,685.0 (754.5) (468.7) NOVAVAX INC NVAXEUR EU 1,685.0 (754.5) (468.7) NOVAVAX INC NVV1 GZ 1,685.0 (754.5) (468.7) NOVAVAX INC NVV1 SW 1,685.0 (754.5) (468.7) NOVAVAX INC NVAX* MM 1,685.0 (754.5) (468.7) NOVAVAX INC 0A3S LI 1,685.0 (754.5) (468.7) NOVAVAX INC NVV1 BU 1,685.0 (754.5) (468.7) NUTANIX INC - A NTNX US 2,526.9 (707.4) 725.6 NUTANIX INC - A 0NU GR 2,526.9 (707.4) 725.6 NUTANIX INC - A NTNXEUR EU 2,526.9 (707.4) 725.6 NUTANIX INC - A 0NU TH 2,526.9 (707.4) 725.6 NUTANIX INC - A 0NU QT 2,526.9 (707.4) 725.6 NUTANIX INC - A 0NU GZ 2,526.9 (707.4) 725.6 NUTANIX INC - A 0NU SW 2,526.9 (707.4) 725.6 NUTANIX INC - A NTNXEUR EZ 2,526.9 (707.4) 725.6 NUTANIX INC - A NTNX-RM RM 2,526.9 (707.4) 725.6 NUTANIX INC-BDR N2TN34 BZ 2,526.9 (707.4) 725.6 O'REILLY AUT-BDR ORLY34 BZ 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT OM6 GR 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT ORLY US 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT OM6 TH 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT OM6 QT 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT ORLY* MM 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT ORLYEUR EU 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT OM6 GZ 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT ORLY AV 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT ORLYEUR EZ 13,276.6 (1,627.5) (2,382.4) O'REILLY AUTOMOT ORLY-RM RM 13,276.6 (1,627.5) (2,382.4) ORGANON & CO OGN US 10,979.0 (555.0) 1,571.0 ORGANON & CO 7XP TH 10,979.0 (555.0) 1,571.0 ORGANON & CO OGN-WEUR EU 10,979.0 (555.0) 1,571.0 ORGANON & CO 7XP GR 10,979.0 (555.0) 1,571.0 ORGANON & CO OGN* MM 10,979.0 (555.0) 1,571.0 ORGANON & CO 7XP GZ 10,979.0 (555.0) 1,571.0 ORGANON & CO 7XP QT 10,979.0 (555.0) 1,571.0 ORGANON & CO OGN-RM RM 10,979.0 (555.0) 1,571.0 ORGANON & CO 4OGN TE 10,979.0 (555.0) 1,571.0 OTIS WORLDWI OTIS US 10,135.0 (4,625.0) (741.0) OTIS WORLDWI 4PG GR 10,135.0 (4,625.0) (741.0) OTIS WORLDWI 4PG GZ 10,135.0 (4,625.0) (741.0) OTIS WORLDWI OTISEUR EZ 10,135.0 (4,625.0) (741.0) OTIS WORLDWI OTISEUR EU 10,135.0 (4,625.0) (741.0) OTIS WORLDWI OTIS* MM 10,135.0 (4,625.0) (741.0) OTIS WORLDWI 4PG TH 10,135.0 (4,625.0) (741.0) OTIS WORLDWI 4PG QT 10,135.0 (4,625.0) (741.0) OTIS WORLDWI OTIS AV 10,135.0 (4,625.0) (741.0) OTIS WORLDWI OTIS-RM RM 10,135.0 (4,625.0) (741.0) OTIS WORLDWI-BDR O1TI34 BZ 10,135.0 (4,625.0) (741.0) PAPA JOHN'S INTL PZZA US 873.6 (464.5) (54.8) PAPA JOHN'S INTL PP1 GR 873.6 (464.5) (54.8) PAPA JOHN'S INTL PZZAEUR EU 873.6 (464.5) (54.8) PAPA JOHN'S INTL PP1 GZ 873.6 (464.5) (54.8) PAPA JOHN'S INTL PP1 TH 873.6 (464.5) (54.8) PAPA JOHN'S INTL PP1 QT 873.6 (464.5) (54.8) PELOTON INTERA-A PTON US 2,769.1 (295.1) 877.7 PELOTON INTERA-A 2ON GR 2,769.1 (295.1) 877.7 PELOTON INTERA-A 2ON GZ 2,769.1 (295.1) 877.7 PELOTON INTERA-A PTONEUR EZ 2,769.1 (295.1) 877.7 PELOTON INTERA-A PTONEUR EU 2,769.1 (295.1) 877.7 PELOTON INTERA-A 2ON QT 2,769.1 (295.1) 877.7 PELOTON INTERA-A 2ON TH 2,769.1 (295.1) 877.7 PELOTON INTERA-A PTON* MM 2,769.1 (295.1) 877.7 PELOTON INTERA-A 0A46 LI 2,769.1 (295.1) 877.7 PELOTON INTERA-A PTON AV 2,769.1 (295.1) 877.7 PELOTON INTERA-A 2ON SW 2,769.1 (295.1) 877.7 PELOTON INTERA-A PTON-RM RM 2,769.1 (295.1) 877.7 PELOTON INTERACT 4PTON TE 2,769.1 (295.1) 877.7 PHILIP MORRI-BDR PHMO34 BZ 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM1EUR EU 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PMI SW 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN 4PM TE 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN 4I1 TH 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM1CHF EU 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN 4I1 GR 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM US 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PMIZ IX 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PMIZ EB 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN 4I1 QT 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN 4I1 GZ 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN 0M8V LN 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PMOR AV 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM* MM 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM1CHF EZ 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM1EUR EZ 61,868.0 (7,960.0) (3,409.0) PHILIP MORRIS IN PM-RM RM 61,868.0 (7,960.0) (3,409.0) PITNEY BOW-CED PBI AR 4,423.4 (75.5) (241.9) PITNEY BOWES INC PBI US 4,423.4 (75.5) (241.9) PITNEY BOWES INC PBW TH 4,423.4 (75.5) (241.9) PITNEY BOWES INC PBW QT 4,423.4 (75.5) (241.9) PITNEY BOWES INC PBI-RM RM 4,423.4 (75.5) (241.9) PLANET FITNESS I P2LN34 BZ 2,848.2 (216.0) 230.9 PLANET FITNESS I PLNT* MM 2,848.2 (216.0) 230.9 PLANET FITNESS-A PLNT US 2,848.2 (216.0) 230.9 PLANET FITNESS-A 3PL TH 2,848.2 (216.0) 230.9 PLANET FITNESS-A 3PL GR 2,848.2 (216.0) 230.9 PLANET FITNESS-A 3PL QT 2,848.2 (216.0) 230.9 PLANET FITNESS-A PLNT1EUR EU 2,848.2 (216.0) 230.9 PLANET FITNESS-A PLNT1EUR EZ 2,848.2 (216.0) 230.9 PLANET FITNESS-A 3PL GZ 2,848.2 (216.0) 230.9 PRESTO AUTOMATIO PRST US 48.6 (22.2) (31.5) PREVENTION INS.C PVNC US 0.0 (0.2) (0.2) PROS HOLDINGS IN PH2 GR 434.0 (51.5) (48.6) PROS HOLDINGS IN PRO US 434.0 (51.5) (48.6) PROS HOLDINGS IN PRO1EUR EU 434.0 (51.5) (48.6) PTC THERAPEUTICS PTCT US 1,338.1 (577.8) 113.3 PTC THERAPEUTICS BH3 GR 1,338.1 (577.8) 113.3 PTC THERAPEUTICS P91 TH 1,338.1 (577.8) 113.3 PTC THERAPEUTICS P91 QT 1,338.1 (577.8) 113.3 RAPID7 INC RPD US 1,355.7 (111.0) 4.5 RAPID7 INC R7D GR 1,355.7 (111.0) 4.5 RAPID7 INC RPDEUR EU 1,355.7 (111.0) 4.5 RAPID7 INC R7D TH 1,355.7 (111.0) 4.5 RAPID7 INC RPD* MM 1,355.7 (111.0) 4.5 RAPID7 INC R7D GZ 1,355.7 (111.0) 4.5 RAPID7 INC R7D QT 1,355.7 (111.0) 4.5 RH RH US 4,212.8 (284.6) 483.9 RH RS1 GR 4,212.8 (284.6) 483.9 RH RH* MM 4,212.8 (284.6) 483.9 RH RHEUR EU 4,212.8 (284.6) 483.9 RH RS1 TH 4,212.8 (284.6) 483.9 RH RS1 GZ 4,212.8 (284.6) 483.9 RH RHEUR EZ 4,212.8 (284.6) 483.9 RH RS1 QT 4,212.8 (284.6) 483.9 RINGCENTRAL IN-A RNG US 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A 3RCA GR 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A RNGEUR EU 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A 3RCA TH 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A 3RCA QT 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A RNGEUR EZ 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A RNG* MM 1,960.4 (272.4) 211.2 RINGCENTRAL IN-A 3RCA GZ 1,960.4 (272.4) 211.2 RINGCENTRAL-BDR R2NG34 BZ 1,960.4 (272.4) 211.2 SABRE CORP SABR US 4,924.6 (1,068.6) 446.5 SABRE CORP 19S GR 4,924.6 (1,068.6) 446.5 SABRE CORP 19S TH 4,924.6 (1,068.6) 446.5 SABRE CORP 19S QT 4,924.6 (1,068.6) 446.5 SABRE CORP SABREUR EU 4,924.6 (1,068.6) 446.5 SABRE CORP SABREUR EZ 4,924.6 (1,068.6) 446.5 SABRE CORP 19S GZ 4,924.6 (1,068.6) 446.5 SAVERS VALUE VIL SVV US 1,783.2 (12.6) (23.8) SBA COMM CORP 4SB GR 10,604.5 (5,054.8) (219.8) SBA COMM CORP SBAC US 10,604.5 (5,054.8) (219.8) SBA COMM CORP 4SB TH 10,604.5 (5,054.8) (219.8) SBA COMM CORP 4SB QT 10,604.5 (5,054.8) (219.8) SBA COMM CORP SBACEUR EU 10,604.5 (5,054.8) (219.8) SBA COMM CORP 4SB GZ 10,604.5 (5,054.8) (219.8) SBA COMM CORP SBAC* MM 10,604.5 (5,054.8) (219.8) SBA COMMUN - BDR S1BA34 BZ 10,604.5 (5,054.8) (219.8) SEAGATE TECHNOLO S1TX34 BZ 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO STXN MM 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO STX US 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO 847 GR 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO 847 GZ 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO STX4EUR EU 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO 847 TH 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO STXH AV 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO 847 QT 7,556.0 (1,199.0) 313.0 SEAGATE TECHNOLO 4STX TE 7,556.0 (1,199.0) 313.0 SEAWORLD ENTERTA SEAS US 2,505.2 (377.5) (176.9) SEAWORLD ENTERTA W2L GR 2,505.2 (377.5) (176.9) SEAWORLD ENTERTA W2L TH 2,505.2 (377.5) (176.9) SEAWORLD ENTERTA SEASEUR EU 2,505.2 (377.5) (176.9) SEAWORLD ENTERTA W2L QT 2,505.2 (377.5) (176.9) SEAWORLD ENTERTA W2L GZ 2,505.2 (377.5) (176.9) SIRIUS XM HO-BDR SRXM34 BZ 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN SIRI US 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN RDO TH 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN RDO GR 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN SIRI SW 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN RDO QT 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN SIRIEUR EU 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN RDO GZ 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN SIRI AV 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN SIRIEUR EZ 10,078.0 (3,111.0) (2,196.0) SIRIUS XM HOLDIN SIRI* MM 10,078.0 (3,111.0) (2,196.0) SIX FLAGS ENTERT SIX US 2,713.6 (450.7) (342.5) SIX FLAGS ENTERT 6FE GR 2,713.6 (450.7) (342.5) SIX FLAGS ENTERT SIXEUR EU 2,713.6 (450.7) (342.5) SIX FLAGS ENTERT 6FE TH 2,713.6 (450.7) (342.5) SIX FLAGS ENTERT 6FE QT 2,713.6 (450.7) (342.5) SIX FLAGS ENTERT S2IX34 BZ 2,713.6 (450.7) (342.5) SLEEP NUMBER COR SNBR US 965.2 (419.1) (713.2) SLEEP NUMBER COR SL2 GR 965.2 (419.1) (713.2) SLEEP NUMBER COR SNBREUR EU 965.2 (419.1) (713.2) SLEEP NUMBER COR SL2 TH 965.2 (419.1) (713.2) SLEEP NUMBER COR SL2 QT 965.2 (419.1) (713.2) SLEEP NUMBER COR SL2 GZ 965.2 (419.1) (713.2) SMILEDIRECTCLUB SDC* MM 498.7 (490.1) 100.8 SONDER HOLDINGS SOND* MM 1,607.9 (136.6) (43.4) SPIRIT AEROSYS-A S9Q GR 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A SPR US 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A S9Q TH 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A SPREUR EU 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A S9Q QT 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A SPREUR EZ 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A S9Q GZ 6,545.2 (628.9) 1,105.5 SPIRIT AEROSYS-A SPR-RM RM 6,545.2 (628.9) 1,105.5 SPLUNK INC SPLK US 6,076.9 (39.0) 1,040.2 SPLUNK INC S0U GR 6,076.9 (39.0) 1,040.2 SPLUNK INC S0U TH 6,076.9 (39.0) 1,040.2 SPLUNK INC S0U QT 6,076.9 (39.0) 1,040.2 SPLUNK INC SPLKEUR EU 6,076.9 (39.0) 1,040.2 SPLUNK INC SPLK* MM 6,076.9 (39.0) 1,040.2 SPLUNK INC SPLKEUR EZ 6,076.9 (39.0) 1,040.2 SPLUNK INC S0U GZ 6,076.9 (39.0) 1,040.2 SPLUNK INC SPLK-RM RM 6,076.9 (39.0) 1,040.2 SPLUNK INC - BDR S1PL34 BZ 6,076.9 (39.0) 1,040.2 SQUARESPACE -BDR S2QS34 BZ 766.4 (291.2) (113.9) SQUARESPACE IN-A SQSP US 766.4 (291.2) (113.9) SQUARESPACE IN-A 8DT GR 766.4 (291.2) (113.9) SQUARESPACE IN-A 8DT GZ 766.4 (291.2) (113.9) SQUARESPACE IN-A SQSPEUR EU 766.4 (291.2) (113.9) SQUARESPACE IN-A 8DT TH 766.4 (291.2) (113.9) SQUARESPACE IN-A 8DT QT 766.4 (291.2) (113.9) STARBUCKS CORP SBUX US 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX* MM 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRB TH 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRB GR 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX CI 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX SW 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRB QT 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX PE 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUXUSD SW 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRB GZ 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX AV 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP 4SBUX TE 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUXEUR EU 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP 1SBUX IM 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUXEUR EZ 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP 0QZH LI 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX-RM RM 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUXCL CI 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SBUX_KZ KZ 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRBD BQ 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRBD EB 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRBD IX 28,733.0 (8,341.6) (2,043.9) STARBUCKS CORP SRBD I2 28,733.0 (8,341.6) (2,043.9) STARBUCKS-BDR SBUB34 BZ 28,733.0 (8,341.6) (2,043.9) STARBUCKS-CEDEAR SBUX AR 28,733.0 (8,341.6) (2,043.9) STARBUCKS-CEDEAR SBUXD AR 28,733.0 (8,341.6) (2,043.9) SYNDAX PHARMACEU SNDX US 431.3 (378.7) 378.9 SYNDAX PHARMACEU 1T3 GR 431.3 (378.7) 378.9 SYNDAX PHARMACEU SNDXEUR EU 431.3 (378.7) 378.9 SYNDAX PHARMACEU 1T3 TH 431.3 (378.7) 378.9 SYNDAX PHARMACEU 1T3 QT 431.3 (378.7) 378.9 SYNDAX PHARMACEU 1T3 GZ 431.3 (378.7) 378.9 TABULA RASA HEAL TRHC US 355.9 (78.1) 53.0 TABULA RASA HEAL 43T GR 355.9 (78.1) 53.0 TABULA RASA HEAL TRHCEUR EU 355.9 (78.1) 53.0 TABULA RASA HEAL 43T TH 355.9 (78.1) 53.0 TABULA RASA HEAL 43T GZ 355.9 (78.1) 53.0 TRANSAT A.T. TRZ CN 2,611.3 (778.4) (19.9) TRANSDIGM - BDR T1DG34 BZ 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP T7D GR 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP TDG US 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP T7D QT 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP TDGEUR EU 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP T7D TH 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP TDG* MM 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP TDGEUR EZ 19,555.0 (2,387.0) 4,719.0 TRANSDIGM GROUP TDG-RM RM 19,555.0 (2,387.0) 4,719.0 TRAVEL + LEISURE WD5A GR 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE TNL US 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE WD5A TH 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE WD5A QT 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE WYNEUR EU 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE 0M1K LI 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE WD5A GZ 6,602.0 (1,004.0) 614.0 TRAVEL + LEISURE TNL* MM 6,602.0 (1,004.0) 614.0 TRIUMPH GROUP TG7 GR 1,649.9 (751.9) 518.3 TRIUMPH GROUP TGI US 1,649.9 (751.9) 518.3 TRIUMPH GROUP TGIEUR EU 1,649.9 (751.9) 518.3 TRIUMPH GROUP TG7 TH 1,649.9 (751.9) 518.3 TRIUMPH GROUP TG7 GZ 1,649.9 (751.9) 518.3 UBIQUITI INC 3UB GR 1,406.4 (115.7) 815.2 UBIQUITI INC UI US 1,406.4 (115.7) 815.2 UBIQUITI INC UBNTEUR EU 1,406.4 (115.7) 815.2 UBIQUITI INC 3UB TH 1,406.4 (115.7) 815.2 UNITED HOMES GRO UHG US 246.9 (117.1) 200.1 UNITED HOMES GRO 6PO GR 246.9 (117.1) 200.1 UNITED HOMES GRO DHHCEUR EU 246.9 (117.1) 200.1 UNITI GROUP INC UNIT US 5,034.6 (2,331.2) - UNITI GROUP INC 8XC GR 5,034.6 (2,331.2) - UNITI GROUP INC 8XC TH 5,034.6 (2,331.2) - UNITI GROUP INC 8XC GZ 5,034.6 (2,331.2) - UROGEN PHARMA LT URGN US 95.4 (138.4) 54.6 UROGEN PHARMA LT UR8 GR 95.4 (138.4) 54.6 UROGEN PHARMA LT URGNEUR EU 95.4 (138.4) 54.6 VECTOR GROUP LTD VGR GR 1,033.2 (797.1) 332.8 VECTOR GROUP LTD VGR US 1,033.2 (797.1) 332.8 VECTOR GROUP LTD VGR QT 1,033.2 (797.1) 332.8 VECTOR GROUP LTD VGREUR EU 1,033.2 (797.1) 332.8 VECTOR GROUP LTD VGR TH 1,033.2 (797.1) 332.8 VECTOR GROUP LTD VGR GZ 1,033.2 (797.1) 332.8 VERISIGN INC VRS TH 1,677.2 (1,617.9) (144.3) VERISIGN INC VRS GR 1,677.2 (1,617.9) (144.3) VERISIGN INC VRSN US 1,677.2 (1,617.9) (144.3) VERISIGN INC VRS QT 1,677.2 (1,617.9) (144.3) VERISIGN INC VRSNEUR EU 1,677.2 (1,617.9) (144.3) VERISIGN INC VRS GZ 1,677.2 (1,617.9) (144.3) VERISIGN INC VRSN* MM 1,677.2 (1,617.9) (144.3) VERISIGN INC VRSNEUR EZ 1,677.2 (1,617.9) (144.3) VERISIGN INC VRSN-RM RM 1,677.2 (1,617.9) (144.3) VERISIGN INC-BDR VRSN34 BZ 1,677.2 (1,617.9) (144.3) VERISIGN-CEDEAR VRSN AR 1,677.2 (1,617.9) (144.3) WAVE LIFE SCIENC WVE US 230.0 (43.8) 44.5 WAVE LIFE SCIENC WVEEUR EU 230.0 (43.8) 44.5 WAVE LIFE SCIENC 1U5 GR 230.0 (43.8) 44.5 WAVE LIFE SCIENC 1U5 TH 230.0 (43.8) 44.5 WAVE LIFE SCIENC 1U5 GZ 230.0 (43.8) 44.5 WAYFAIR INC- A W US 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A 1WF GR 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A 1WF TH 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A WEUR EU 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A 1WF QT 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A WEUR EZ 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A 1WF GZ 3,382.0 (2,698.0) (200.0) WAYFAIR INC- A W* MM 3,382.0 (2,698.0) (200.0) WAYFAIR INC- BDR W2YF34 BZ 3,382.0 (2,698.0) (200.0) WEWORK INC-CL A WE US 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A 9WEA GR 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A 9WEA TH 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A WE1EUR EU 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A 9WEA QT 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A 9WEA GZ 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A WE* MM 15,063.0 (3,593.0) (1,445.0) WEWORK INC-CL A 1WE IM 15,063.0 (3,593.0) (1,445.0) WINGSTOP INC WING US 451.2 (365.4) 179.4 WINGSTOP INC EWG GR 451.2 (365.4) 179.4 WINGSTOP INC WING1EUR EU 451.2 (365.4) 179.4 WINGSTOP INC EWG GZ 451.2 (365.4) 179.4 WINGSTOP INC EWG TH 451.2 (365.4) 179.4 WINMARK CORP WINA US 47.7 (43.6) 24.0 WINMARK CORP GBZ GR 47.7 (43.6) 24.0 WPF HOLDINGS INC WPFH US 0.0 (0.3) (0.3) WW INTERNATIONAL WW US 1,001.5 (716.3) (23.5) WW INTERNATIONAL WW6 GR 1,001.5 (716.3) (23.5) WW INTERNATIONAL WW6 TH 1,001.5 (716.3) (23.5) WW INTERNATIONAL WTWEUR EU 1,001.5 (716.3) (23.5) WW INTERNATIONAL WW6 QT 1,001.5 (716.3) (23.5) WW INTERNATIONAL WW6 GZ 1,001.5 (716.3) (23.5) WW INTERNATIONAL WW6 SW 1,001.5 (716.3) (23.5) WW INTERNATIONAL WTW AV 1,001.5 (716.3) (23.5) WW INTERNATIONAL WTWEUR EZ 1,001.5 (716.3) (23.5) WW INTERNATIONAL WW-RM RM 1,001.5 (716.3) (23.5) WYNN RESORTS LTD WYR GR 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYNN* MM 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYNN US 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYR TH 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYNN SW 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYR QT 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYNNEUR EU 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYR GZ 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYNNEUR EZ 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS LTD WYNN-RM RM 13,783.7 (1,507.2) 3,005.7 WYNN RESORTS-BDR W1YN34 BZ 13,783.7 (1,507.2) 3,005.7 YUM! BRANDS -BDR YUMR34 BZ 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUM US 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC TGR GR 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC TGR TH 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUMEUR EU 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC TGR QT 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUM SW 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUMUSD SW 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC TGR GZ 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUM* MM 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUM AV 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUMEUR EZ 5,848.0 (8,436.0) 28.0 YUM! BRANDS INC YUM-RM RM 5,848.0 (8,436.0) 28.0 ********* Monday's edition of the TCR delivers a list of indicative prices for bond issues that reportedly trade well below par. Prices are obtained by TCR editors from a variety of outside sources during the prior week we think are reliable. Those sources may not, however, be complete or accurate. The Monday Bond Pricing table is compiled on the Friday prior to publication. Prices reported are not intended to reflect actual trades. Prices for actual trades are probably different. Our objective is to share information, not make markets in publicly traded securities. Nothing in the TCR constitutes an offer or solicitation to buy or sell any security of any kind. It is likely that some entity affiliated with a TCR editor holds some position in the issuers public debt and equity securities about which we report. Each Tuesday edition of the TCR contains a list of companies with insolvent balance sheets whose shares trade higher than $3 per share in public markets. At first glance, this list may look like the definitive compilation of stocks that are ideal to sell short. Don't be fooled. Assets, for example, reported at historical cost net of depreciation may understate the true value of a firm's assets. A company may establish reserves on its balance sheet for liabilities that may never materialize. The prices at which equity securities trade in public market are determined by more than a balance sheet solvency test. On Thursdays, the TCR delivers a list of recently filed Chapter 11 cases involving less than $1,000,000 in assets and liabilities delivered to nation's bankruptcy courts. The list includes links to freely downloadable images of these small-dollar petitions in Acrobat PDF format. Each Friday's edition of the TCR includes a review about a book of interest to troubled company professionals. All titles are available at your local bookstore or through Amazon.com. Go to http://www.bankrupt.com/books/to order any title today. Monthly Operating Reports are summarized in every Saturday edition of the TCR. The Sunday TCR delivers securitization rating news from the week then-ending. TCR subscribers have free access to our on-line news archive. Point your Web browser to http://TCRresources.bankrupt.com/and use the e-mail address to which your TCR is delivered to login. ********* S U B S C R I P T I O N I N F O R M A T I O N Troubled Company Reporter is a daily newsletter co-published by Bankruptcy Creditors Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., 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 publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The TCR subscription rate is $975 for 6 months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***