Nora Fancsalszky, Author at ׶Ƶ Know More. Risk Better.® Mon, 17 Feb 2025 18:16:28 +0000 en-US hourly 1 /wp-content/uploads/cropped-favicon-512x512-1-32x32.png Nora Fancsalszky, Author at ׶Ƶ 32 32 US Post Petition: Zips Car Wash lines up speedy chapter 11 to implement debt-for-equity swap, wipe out unsecureds /us-post-petition-zips-car-wash-lines-up-speedy-chapter-11-to-implement-debt-for-equity-swap-wipe-out-unsecureds/ Fri, 07 Feb 2025 15:42:40 +0000 /?p=25399 This is a preview ofLevFin Insights’new bankruptcy product,LFI US Post Petition News. To maintain access to this coverage after the trial period expires on March 31, contact your sales representative....

The post US Post Petition: Zips Car Wash lines up speedy chapter 11 to implement debt-for-equity swap, wipe out unsecureds appeared first on ׶Ƶ.

]]>
This is a preview ofLevFin Insights’new bankruptcy product,LFI US Post Petition News. To maintain access to this coverage after the trial period expires on March 31, contact your sales representative.

Related documents:



Zips Car Washis looking for a quick stay in chapter 11 after lining up a pre-negotiated plan of reorganization that sets up a debt-for-equity swap with its secured lenders and reduces the company’s funded debt load by $279mn.

The Atlantic Street Capital-backed chain, which grew from two locations in 2004 to 260 at the petition date, enters bankruptcy with just $1mn in cash on hand. Zips has $82.5mn in debtor-in-possession (DIP) financing that requires it to secure plan confirmation by April 11.

The US Bankruptcy Court for the Southern District of Texas has not yet assigned a judge to the case or scheduled a first-day hearing to consider the DIP and other operational motions.

The business

Founded in 2004 with just two locations in Arkansas, Zips massively scaled up its operations from 2015 to 2019 through a spree of 40 acquisitions.

The company generates revenue through a pay-per-wash model at a rate of $12 to $30 per wash, along with its Unlimited Wash Club, a monthly wash subscription service with a mobile application. The wash club has 625,000 members. As of the petition date, the company had 260 locations and 1,800 employees.

Atlantic Street Capital bought a majority share of the company’s equity in 2020 and funded the company with equity financing rounds totaling $152.5mn over the next two years. Atlantic acquired the company’s remaining equity in 2022. Through its car-wash acquisitions, the company’s revenue rose to $345mn in 2022from $13mn in 2015 to $150mn in 2020.

Zips equity financing

Source: First-day declaration

Beyond the equity financing, Zips in 2016 entered a secured term loan agreement with various lenders and Brightwood Loan Services as agent. At the petition date, Zips owed $653.9mn on the term loan.

Zips capital structure

Source: First-day declaration

The company also owes millions to general unsecured creditors. The largest unsecured creditor, Sonny’s Enterprise, is the company’s primary supplier of chemicals, equipment, maintenance services and training programs, according to court filings.

Zips top 10 unsecured creditors

The road to chapter 11

Zips’ debt has become expensive due to rising interest rates over the past few years, with annual cash interest expense spiking to $93mn per year from $59mn, according to the first-day declaration of Chief Transformation Officer Kevin Nystrom. The need to throw more cash at debt service limited cash flow and hurt Zips’ ability to complete further M&A deals.

Zips cites general macroeconomic headwinds for its financial troubles, including inflation, labor shortages, softened discretionary consumer spending and a burdensome lease portfolio. The company also faces a competitive market, with nearly 1,000 new car washes having opened over the past half decade, Nystrom said.

Despite negotiating savings with its vendors and launching a program to refurbish its locations, Zips continued to struggle in the face of its larger balance-sheet issues, including the maturity of its term loan at the end of 2024. The company reached out to Atlantic and its lenders, and Atlantic agreed to provide another $30mn in equity financing while lenders consented to an extension of the loan maturity to March 1, 2025.

Zips brought in Evercore Group in early 2024 to explore refinancing, but it was unable to find a deal and proceeded to hire Kirkland & Ellis and AlixPartners in the summer of 2024 to explore strategic alternatives. After hiring Hilco Real Estate late in the year, Zips lined up a sale of its Orlando, Florida, assets toEl Car Washfor $58.5mn. The company plans to close that sale during the chapter 11 case.

The lender talks evolved into a pre-negotiated chapter 11 plan of reorganization, and facing a liquidity crisis, Zips filed for chapter 11 on Feb. 5.

The restructuring

The company’s prepetition lenders have agreed to fund the case with $82.5mn in DIP financing, consisting of $30mn in new money and a rollup of prepetition term loan debt.

The plan of reorganization, backed by 100% of the company’s lenders and its shareholders, proposes to slash the funded debt load by $279mn while cutting millions of dollars in lease liabilities. Zips would reload its balance sheet with a new $150mn HoldCo facility, $225mn OpCo facility and $15mn revolver.

General unsecured creditors would receive no recovery. Atlantic is set to receive a release of claims for pre-bankruptcy actions under the plan.

The DIP sets a series of milestones for the case, including an April 11 deadline to secure plan confirmation.

Zips advisors

Pat Holohan
patrick.holohan@levfininsights.com
+1 917 654 0337

The post US Post Petition: Zips Car Wash lines up speedy chapter 11 to implement debt-for-equity swap, wipe out unsecureds appeared first on ׶Ƶ.

]]>
EMEA Insight: LMEs made up over two-thirds of defaults in Europe in 2024 /emea-insight-lmes-made-up-over-two-thirds-of-defaults-in-europe-in-2024/ Fri, 07 Feb 2025 15:35:58 +0000 /?p=25396 A surge in liability management exercises (LMEs) drove defaults in the European market in 2024. Data on distressed debt exchanges (DDE), a type of LME that is given tightly-defined terms...

The post EMEA Insight: LMEs made up over two-thirds of defaults in Europe in 2024 appeared first on ׶Ƶ.

]]>
A surge in liability management exercises (LMEs) drove defaults in the European market in 2024.

Data on distressed debt exchanges (DDE), a type of LME that is given tightly-defined terms by the ratings agencies, shows that just over two-thirds of defaults came in this form, according to.

It’s the highest level in Europe since at least 2015,, apart from a spike in 2021 during the COVID pandemic, and the highestsince 2009.

The US reflects what is happening in Europe, with DDEs and out-of-court restructurings now more commonplace than bankruptcies. In 2024 they made up ~defaulted issuers tracked by Fitch, up from 57% of 69 issuers in 2023.

The difference between Europe and the US, however, is that more than 50% of the US DDEs/restructurings identified by Fitch in 2024 in the US were of the more aggressive type, labelled liability management transaction or LMT, compared with 33% in 2023. These LMTs involve “uptier priming, coercive elements, or change in collateral value”, Fitch writes.

In Europe, the rating agencies have not split out the LMEs that could be classed as coercive priming-type deals. But market participants agree there was only a handful of these more aggressive deals last year, includingԻ.

European LMEs in contrast have remained a broad brush of predominately more benign deals. They have used “maturity extensions, perhaps PIK-ing a portion of the debt, or bifurcating into an opco/holdco structure”, said one restructuring advisor, adding: “We have had few exemplar uptiering J Crew type deals.”

 

image

Threat of hardball

Advisors say the threat that more coercive-style deals may flow over from the US has played a part in the growth of more mundane LMEs in Europe last year.

“I think the focus on coercive LMEs has made people more aware that sponsors can play more hardball than they may historically have done, which may have contributed to leverage on the sponsor side in the negotiations,” said a second restructuring advisor.

In some cases, this has resulted in sponsors getting better terms in an A&E than they would otherwise have done – making it an attractive option.

The focus on LMEs is certainly pushing corporates to be more proactive in addressing their capital structures more generally, agreed a third restructuring advisor.

“Companies don’t wait until they can’t repay and are really staring at the barrel,” he said. “They are more willing to entertain those ideas earlier if they are attractively priced or reasonable.”

Rates and repeats

But ultimately, advisors say, the surge of European LMEs in 2024 is a function of the rapid increase in rates mixed with looming 2026 maturities, while the expectation that rates were coming down again meant borrowers reached for a quick-fix solution.

“A lot of companies got caught out by the invasion of Ukraine – it upended things and so they found themselves somewhat upside down and staring at upcoming maturities and realised they would have to keep the plates stable,” said the first advisor.

The LME gave them breathing space to sell assets and delever or simply wait for rates to fall, increase debt capacity and solve some of the issues they were facing. Investors were willing to give this space “where a more straight-forward refinancing was not available”, he said.

These deals were just the “regular wave of restructuring-lite type deals”, he said, which have perhaps also grown in volume because the market “is bigger and more sophisticated and proactive”.

These light-touch restructurings are set to continue since rates will stay elevated even with near-term cuts, compared with where they were before the 2022 hike cycle.

But a lot of these quick-fix deals won’t solve the issue, with many of these names likely to redefault, the first advisor said. They go through the initial distressed exchange and default – then are temporarily upgraded to CCC – before sinking back into default territory around 18 months later, he adds.

The third advisor said: “It gets you through this year but what about next year?”

Sandrine Bradley
sandrine.bradley@levfininsights.com
+44 (0)20 3530 1824

The post EMEA Insight: LMEs made up over two-thirds of defaults in Europe in 2024 appeared first on ׶Ƶ.

]]>
US/EMEA Special Situations: Walgreens suspends dividends /us-emea-special-situations-walgreens-suspends-dividends/ Fri, 31 Jan 2025 16:06:44 +0000 /?p=25021 Walgreenssuspended its cash dividends paid on a quarterly basis, according to a company press release. The decision aims tostrengthen its balance sheet and improve free cash flow, the company said....

The post US/EMEA Special Situations: Walgreens suspends dividends appeared first on ׶Ƶ.

]]>
Walgreenssuspended its cash dividends paid on a quarterly basis, according to a company press release. The decision aims tostrengthen its balance sheet and improve free cash flow, the company said.

On the heels of the announcement, common stock fell around 8% after hours to $10.57 for a market cap of $9.9bn.

The issuer’s $750mn 8.125% unsecured notes due 2029 last traded above par today. The$872.3mn 4.8% unsecured notes due 2044 last traded 75.25, up from 74.75 on Jan. 28, according to trade data.

Theretail pharmacy company’s cash flow is expected to dip into negative territory during fiscal 2025 amid unfavorablereimbursement dynamics, as well as softer consumer demand with increased competition. Opioid litigation settlement costs add another layer of risk to the balance sheet, which features $4.6bn of bond and loan maturities for 2025 and 2026, not including the undrawn $2.25bn revolver due next year, as.

The company was recently hit by a new opioid lawsuit, claiming the pharmacy chain operator knowingly filled unlawful prescriptions, further exacerbating the opioid epidemic in the US.

The full press release reads:

DEERFIELD, Ill., Jan. 30, 2025 – Walgreens Boots Alliance, Inc. (Nasdaq: WBA) today announced that its board of directors is suspending the company’s cash dividend historically paid to stockholders on a quarterly basis, as management continues to evaluate and refine its capital allocation policy consistent with the company’s broader long-term turnaround efforts.

This change in capital allocation is aimed at strengthening WBA’s balance sheet by reducing debt over time and improving free cash flow, as the company works toward achieving a retailpharmacy-ledturnaround underpinned by a sustainable economic model. The company’s cash needs over the next several years, including with respect to litigation and debt refinancing, were important considerations as part of the decision to suspend the dividend.

WBA leadership remains focused on successfully executing against its strategic priorities and maintaining financial discipline, which it believes will deliver sustained value creation over the long term.

The post US/EMEA Special Situations: Walgreens suspends dividends appeared first on ׶Ƶ.

]]>
US Bankruptcy: The Container Store gets confirmation of plan of reorganization, handing equity to DIP lenders /us-bankruptcy-the-container-store-gets-confirmation-of-plan-of-reorganization-handing-equity-to-dip-lenders/ Fri, 31 Jan 2025 16:03:52 +0000 /?p=25018 This is a preview ofLevFin Insights’new bankruptcy product,LFI Postpetition News. To maintain access to this coverage after the trial period expires on March 31, contact your sales representative. Related documents:...

The post US Bankruptcy: The Container Store gets confirmation of plan of reorganization, handing equity to DIP lenders appeared first on ׶Ƶ.

]]>
This is a preview ofLevFin Insights’new bankruptcy product,LFI Postpetition News. To maintain access to this coverage after the trial period expires on March 31, contact your sales representative.

Related documents:

The Container Storehas secured court approval of its chapter 11 plan, which hands over control of its equity to the lenders on its debtor-in-possession (DIP) financing.

Judge Alfredo Perez of the US Bankruptcy Court for the Southern District of Texas confirmed the plan at a hearing on Friday afternoon (Jan. 24).

The specialty retail chainwith a prepackaged plan of reorganization backed by 90% of its lenders. The plan set up a quick 35-day timeline to confirmation.

The company funded the case with a DIP that provided $40mn in new money and rolled up $75mn in prepetition term loans. The company also had a DIP that provided additional liquidity on its $80mn asset-based loan. All of the DIP financing converts to exit loans under the plan, giving the DIP lenders 64% of the reorganized company’s equity. Allhad the right to participate in the financing.

The plan also converts $163mn in prepetition loans to equity, subject to dilution by the DIP conversion.

Container Store capital structure

Source: First-day declaration

Under the plan, the company repaid all $26mn in unsecured trade debt and $11mn in lease obligations.

Pat Holohan

+1 917 654 0337

The post US Bankruptcy: The Container Store gets confirmation of plan of reorganization, handing equity to DIP lenders appeared first on ׶Ƶ.

]]>
US/EMEA Special Situations: Negotiations between Altice France and its AHG continue as conclusion nears /us-emea-special-situations-negotiations-between-altice-france-and-its-ahg-continue-as-conclusion-nears/ Fri, 24 Jan 2025 15:55:32 +0000 /?p=24831 The back and forth of proposals betweenAltice Franceand its ad hoc group of secured creditors continues, but negotiations between the two parties look to be nearing a conclusion, according to...

The post US/EMEA Special Situations: Negotiations between Altice France and its AHG continue as conclusion nears appeared first on ׶Ƶ.

]]>

The back and forth of proposals betweenAltice Franceand its ad hoc group of secured creditors continues, but negotiations between the two parties look to be nearing a conclusion, according to a source close to the situation.

Negotiations are ongoing around the size of the equity stake that the creditors will receive as part of the deal, with the AHG still pushing for something nearer 30%.

Other areas under discussion include governance rights and collateral as disclosed in theon November 14. These include the return of assets that were dropped out of creditors’ reach into unrestricted subsidiaries and the right to appoint independent board members.

A potential deal could result in creditors getting around ~27% of the equity, according to Mark Chapman, head of telecoms at ׶Ƶ.

“I think Patrick [Drahi] will know he needs to give the creditor group negotiators a ‘win’ to get a deal agreed,” he said. This could mean a slightly higher equity percentage, perhaps ~27%, slightly closer to the AHG’s 34% proposal than Altice’s 18%, said Chapman, but it could also take the form of “stricter terms on collateral, governance, etc”.

Altice’s January bonds are understood to have been repaid at maturity on January 15, which pushed its February 2025 bonds up 2.5 points to 98.34, which was unchanged on Tuesday (January 21).

Altice and the ad hoc group have been in the second round of negotiations sincewhen Altice tabled a new proposal. The two parties have beenback and forth since then.

The two parties went back to the drawing board in mid-November, after failing to reach an agreement on how to manage the company’s ~€24bn debt pile.

Altice France published the cleansing statement after the talks ended, which disclosed that creditors had sought reinstated debt of ~€14.4bn, or 73.7 cents per €1 of Altice France secured debt, versus the ~€13.7bn or 70.2 cents tabled by the company. Creditors had also asked for 34% equity, versus 18% offered by Altice.

Altice declined to comment.

Sandrine Bradley
sandrine.bradley@levfininsights.com
+44 (0)20 3530 1824

The post US/EMEA Special Situations: Negotiations between Altice France and its AHG continue as conclusion nears appeared first on ׶Ƶ.

]]>
US Bankruptcy: Tupperware files chapter 11 plan following Dechert-led group credit bid transaction /us-bankruptcy-tupperware-files-chapter-11-plan-following-dechert-led-group-credit-bid-transaction/ Fri, 17 Jan 2025 16:31:08 +0000 /?p=24789 Related Documents: Disclosure Statement Chapter 11 Plan Tupperwarefiled its chapter 11 plan and disclosure statement in the Delaware Bankruptcy Court, outlining a plan of reorganization centered around a credit bidfrom...

The post US Bankruptcy: Tupperware files chapter 11 plan following Dechert-led group credit bid transaction appeared first on ׶Ƶ.

]]>

Related Documents:

Tupperwarefiled its chapter 11 plan and disclosure statement in the Delaware Bankruptcy Court, outlining a plan of reorganization centered around a credit bidfrom the Dechert-led ad hoc group for 100% equity in debtor’s business.

The proposed plan broadly provides for the payment of administrative and priority claims in full and the transitioning of the remaining assets to a liquidating trust to facilitate the wind-down of the debtor’s business.

ճ , comprising $462.7mn, or 57%, of the prepetition $817mn secured debt. Stonehill has holdings of $165mn in secured loans and BAML holds $137mn, while Alden has $71mn and Strategic Investment holds $71mn. The ad hoc group also provided the debtor with an $8mn bridge loan prior to the company filing bankruptcy. According to court filings, the ad hoc group acquired its majority position for pennies on the dollar months prior to the bankruptcy filing.

The acquisition by the ad hoc group includes a $68.3mn credit bid and a $23.5mn cash payment. According to the proposed asset purchase agreement, the cash will be earmarked to pay down the $8mn prepetition bridge loan, fund the carve-out for administrative expenses and pay $2.5mn to the Pension Benefit Guaranty Corp. for the full release of any all claims against the sellers. The remaining cash consideration will be used to pay all remaining administrative claims and to fund a $2mn liquidation trust for the benefit of unsecured creditors, according to court documents.

Tupperware filed for , seeking a 30-day going concern sale to address its $812mn prepetition debt burden. The direct-sales housewares company secured approval from Judge Brendan Shannon to  to fund the shortened sale process, according to court filings.

image

Jennifer Lappe, JD

+1 346 256 1345

The post US Bankruptcy: Tupperware files chapter 11 plan following Dechert-led group credit bid transaction appeared first on ׶Ƶ.

]]>
US Bankruptcy: JOANN files ‘chapter 22’ bankruptcy in Delaware just eight months after exiting first restructuring; Gordon Brothers to lead auction with liquidating bid /us-bankruptcy-joann-files-chapter-22-bankruptcy-in-delaware-just-eight-months-after-exiting-first-restructuring-gordon-brothers-to-lead-auction-with-liquidating-bid/ Fri, 17 Jan 2025 16:30:56 +0000 /?p=24790 Related documents: Petition First day declaration Cash collateral motion Bid procedures motion Eight months after exiting chapter 11 with a prepackaged plan of reorganization,JOANN Inc.returns to bankruptcy court today (Jan....

The post US Bankruptcy: JOANN files ‘chapter 22’ bankruptcy in Delaware just eight months after exiting first restructuring; Gordon Brothers to lead auction with liquidating bid appeared first on ׶Ƶ.

]]>

Related documents:



Eight months after exiting chapter 11 with a prepackaged plan of reorganization,JOANN Inc.returns to bankruptcy court today (Jan. 15)—this time armed with a Gordon Brothers Retail Partners stalking horse bid to liquidate the company’s 800 stores.

Though the Gordon Brothers bid contemplates a liquidation, interim CEO Michael Prendergast said in his first day declaration that the company “has going-concern potential if given an opportunity to achieve that potential.” To that end, the company has proposed a sale process leading to a Feb. 14 auction of its assets.

The US Bankruptcy Court for the District of Delaware has not yet assigned a judge to the case or scheduled a first day hearing to consider the company’s use of cash collateral and other operational motions.

The business and the first chapter 11 case

Founded in 1943 asCleveland Fabric Shopin Cleveland, Ohio, the single store grew to an 18-location chain over the next 20 years and changed its name toJo-Ann Fabrics. In the following decades, the company would go public and become the country’s largest fabric and crafts retailer by 1998. In 2011, private equity firmLeonard Green & Partnerstook JOANN private, but it would go public again in 2021.

Today, the company operates 800 stores in 49 states with 19,000 employees, 3,400 of whom are full-time. For fiscal year 2024, the company saw net sales of $2bn, with $1.1bn coming from the sales of arts and crafts and home décor and the remaining $900mn from sewing products. JOANN leases all of its properties and pays $26mn in rent and occupancy-related costs.

The company also has three distribution centers in Ohio, California and Alabama, and an e-commerce fulfillment center in Ohio.

JOANN org structure

Source: First day declaration

JOANN filed for chapter 11 for the first time, with a prepackaged plan that would cut its $1bn debt funded debt load nearly in half to $555mn, through the equitization of $658.1mn in prepetition term loans and injection of $132mn in new financing. Through the plan,, the company’s debtor-in-possession financing providers took 85% of the reorganized company’s equity. Below, see the company’s 10 largest current equity holders:

JOANN equity holders

Source: First day declaration

Coming into the new case, the company owes $462mn on an ABL/FILO facility withBank of Americaas administrative and collateral agent plus $153mn on a term loan withWilmington Savings Fund Societyas administrative agent.

JOANN capital structure

Source: First day declaration

The company also owes $133mn in unsecured trade debt.

JOANN top 10 unsecureds

The road to ‘chapter 22’

Coming out of the first case, the company struggled in the face of a “stagnant retail economy,” inflation, and high interest rates, Prendergast said in his declaration. Upon the company’s emergence, an unnamed “key competitor” lowered prices on 5,000 arts and crafts and home décor items. JOANN struggled to stock key items, its in-stock levels dropping to 90% in the summer of 2024, the lowest in a decade.

The company brought on Alvarez & Marsal shortly after exiting the first case to provide management services, and in December geared up for a restructuring when it hired Centerview Partners to explore a sale or new financing and Kirkland & Ellis as restructuring counsel.LFIthat the company had missed an interest payment on the exit term loan.

Citing the inventory shortages and a reduction in borrowing availability under its credit facilities, JOANN filed for chapter 11 this morning. The liquidation bid from Gordon Brothers would repay the FILO/ABL debt and contribute certain wind-down payments and other payments. In its bid procedures motion, JOANN is proposing the following sale timeline:

JOANN sale timeline

Source: Bid procedures motion

JOANN advisors

Pat Holohan
patrick.holohan@levfininsights.com
+1 917 654 0337

The post US Bankruptcy: JOANN files ‘chapter 22’ bankruptcy in Delaware just eight months after exiting first restructuring; Gordon Brothers to lead auction with liquidating bid appeared first on ׶Ƶ.

]]>
US Special Situations: Litigation against Mitel, Searchlight and lenders thrown out by NY appeals court /us-special-situations-litigation-against-mitel-searchlight-and-lenders-thrown-out-by-ny-appeals-court/ Fri, 03 Jan 2025 10:53:50 +0000 /?p=24294 Related documents: Ruling A New York appellate court has issued a ruling throwing out claims in uptier litigation againstMitel, ownerSearchlight Capital Partnersand various defendant lenders. The ruling from the Supreme...

The post US Special Situations: Litigation against Mitel, Searchlight and lenders thrown out by NY appeals court appeared first on ׶Ƶ.

]]>

Related documents:

A New York appellate court has issued a ruling throwing out claims in uptier litigation againstMitel, ownerSearchlight Capital Partnersand various defendant lenders.

The ruling from the Supreme Court of the State of New York, Appellate Division, issued late on New Year’s Eve, throws out the remaining six counts against the defendant lenders after a lower court tossed three counts in 2023.

Searchlight bought Mitel in 2018, funding the acquisition by having the target take out a $1.02bn first-lien term loan and a $360mn second-lien term loan with Credit Suisse and other arranging banks that then sold the loans to various parties. In 2022, Mitel and the defendant lenders exchanged old first- and second-lien loans for new super-senior debt at a premium to the market price in what the minority lenders who were excluded from the exchange call a “payoff to defendant lenders” for agreeing to amended deal terms. At the close of the transaction, the original first-lien lenders had their claims put behind $857mn in new debt while the second liens had another $254mn put ahead of them.

Mitel uptier

Source: Original complaint

The excluded lender group proceeded to sue Mitel Searchlight, and defendant lenders. including funds of collateralized loan obligations managed byAnchorage Capital Group,Apollo Global Management,Invesco,Octagon Credit Investors,Nuveen Asset Management,PGIMԻSound Point Capital Management, asserting claims for breach of contract, among others.

In December 2023, New York Supreme Court Judge Jennifer Schecter dismissed three of the plaintiffs’ claims, including the following:

  1. Breach of the implied covenant of good faith and fair dealing.

  2. Tortious interference with contract against Searchlight and Credit Suisse.

  3. Violation of New York Uniform Voidable Transaction Act.

The judge declined to dismiss what she called the “guts” of the case, claims for the following:

  1. Declaratory judgment.

  2. Breach of contract against Mitel.

  3. First lien plaintiffs’ breach of contract against Mitel.

  4. All plaintiffs’ breach of contract against defendant lenders.

  5. All plaintiffs’ against Mitel.

  6. All plaintiffs’ breach of contract against defendant lenders, if Mitel, Credit Suisseand the defendant lenders “validly amended the original agreements and adopted the amended agreements.”

In January 2024, the defendants appealed the judge’s decision not to dismiss those six counts. Just less than a year later, the appellate court agreed with the appellants.

On the count of declaratory judgment, the court found that it is “not viable” because the effect on the plaintiffs’ loans was “indirect” because there was no agreement to waive, amend or modify the original loans. On the rest of the claims, the court found that there is nothing in the original deal that prevented an uptier:

“There is no indication in the agreements that a refinancing or exchange cannot include a purchase, nor is there any indication that a purchase requires payment in full, upfront, in cash, or that debt cannot constitute payment,” the appellate judges wrote.

The judges closed out their ruling noting that “it does not matter whether the borrower could have secured an even more favorable deal had it sought financing from all lenders.”

Uptiers have often been described as “lender-on-lender violence,” as described inLFI’s December 2024 US Special Situations. Just hours before the Mitel decision hit, the US Court of Appeals for the Fifth CircuitconfirmingSerta Simmons’ chapter 11 plan and finding that the disputed uptier transaction.”

Pat Holohan

+1 917 654 0337

The post US Special Situations: Litigation against Mitel, Searchlight and lenders thrown out by NY appeals court appeared first on ׶Ƶ.

]]>
US Weekly: Bessent’s Bond Boost /us-weekly-bessents-bond-boost/ Fri, 06 Dec 2024 13:55:56 +0000 /?p=24005 Executive Summary Treasury Markets: Yields plummeted by 22-25 bp across the curve as investors welcomed news of Trump’s perceived market-friendly Treasury Secretary nominee, Scott Bessent.The 2Y yield slid 10 bp...

The post US Weekly: Bessent’s Bond Boost appeared first on ׶Ƶ.

]]>

Executive Summary

  • Treasury Markets: Yields plummeted by 22-25 bp across the curve as investors welcomed news of Trump’s perceived market-friendly Treasury Secretary nominee, Scott Bessent.The 2Y yield slid 10 bp lower DoD on the announcement—the largest daily move since September’s nonfarm payrolls print (+22 bp)—and finished the week 22 bp lower at 4.15%. Similarly, the 10Y fell 13 bp DoD on Monday—the largest daily move since the day after the US presidential election (+16 bp)—and ended the week 23 bp lower at 4.17%. Headline and core PCE held steady on a MoM basis at +0.2% and +0.3%, respectively, while YoY figures aligned with an anticipated acceleration to +2.3% headline and +2.8% core. Despite being viewed by many investors as merely a starting point in bilateral trade and immigration negotiations, new developments around Trump’s proposed tariff policies continued to stoke reflation concerns. Even amid the market repricing to a shallower path of rate cuts in 2025, we think risks are skewed to the upside in terms of the Fed funds rate at YE25 and Treasury yields in the medium term.
  • Credit Markets: Credit spreads widened by 2 bp to 82 bp in IG and 11 bp to 272 bp in HY as risk sentiment softened slightly on escalating tariff proposals.The exuberant rates rally more than offset the spread widening, sending IG yields 19 bp lower to 5.06% and HY yields 9 bp lower to 7.13%, both around mid-October levels. Though IG weekly excess returns were a wash at -0.10%, total returns notched a significant +1.47% gain, outperforming the +0.41% total return in HY. Across both IG and HY, spread widening was driven by lower-rated tranches and the long-end as investors retreated up the rating spectrum and into the front-end of the curve. The entire AAA-A complex widened just 1 bp compared to BBBs (+2 bp) and BBs and Bs similarly widened just 9-11 bp while CCCs widened 16 bp. In IG, the front-end remained flat on the week, with incremental spread widening out the curve. HY curve performance was more uniform, with 12-13 bp of spread widening past the front-end, which outperformed with just 5 bp of spread widening.
  • Municipal Markets: Boosted by the strong move by Treasuries, tax-exempt yields fell last week, but by a smaller magnitude.For example, in 10-years, the UST yield dropped by 23 bp as the BVAL AAA yield ended 12 bp lower. Due to the underperformance relative to Treasuries, excess returns for the tax-exempt indices were negative and muni/Treasury yield ratios inched upwards (munis cheaper), although ratios were well below the 90-day averages. This week’s new issue calendar totals $15.3 bn, of which $12.0 bn is tax-exempt, $1.7 bn is subject to the AMT, and $1.4 bn is taxable; notable deals include a $1.5 bn New Jersey deal, $750 mn taxable Hawaii GO bonds, Orlando airport and more.
  • Equity Markets: The equity rally extended over the week, with the S&P 500 and DJIA both advancing to record closes twice on Tuesday and Friday and the Nasdaq nearing its all-time high set a few weeks ago.Weekly performance was similar across the three major indices, with the S&P 500 (+1.1%) and Nasdaq (+1.1%) following closely behind the DJIA (+1.4%). While the Russell 2000 (+1.2%) fell in the middle of the pack last week, the rotation into small caps boosted November performance to +11.0%, well above the ~6-8% monthly return range for the three major indices. After hitting an intraday peak of 15.72 on Monday, volatility trended lower over the week to close at 13.51, 20% lower WoW.
  • Commodity Markets: Metal prices were mixed during the shortened holiday week.Crude prices fell this week as the market awaits upcoming production plans from OPEC+ and digests the ceasefire between Israel and Hezbollah. WTI and Brent decreased 3% to $68.00/bbl and 2% to $72.94/bbl, respectively, on the week.
  • Fund Flows: For the calendar week, fixed income ETFs pulled in $3.6 bn, down 60% from the week before, due mostly to outflows from UST and IG corporate bond ETFs.November flows IG and HY corporate and muni ETFs were up MoM as net flows into agg ETFs slowed (but were still strongly positive) while UST ETFs lost assets.

Relative Value

Treasury Markets:

Credit Markets:

Municipal Markets:

  • Municipal Markets: Boosted by the strong move by Treasuries, tax-exempt yields fell last week, but by a smaller magnitude. For example, in 10-years, the UST yield dropped by 23 bp as the BVAL AAA yield ended 12 bp lower. Due to the underperformance relative to Treasuries, excess returns for the tax-exempt indices were negative and muni/Treasury yield ratios inched upwards (munis cheaper), although ratios were well below the 90-day averages.
  • For the week, the ICE Muni Index returned 0.84%; for the month of November it earned 1.63%, the best month of the year and the best performance since December 2023.
  • For the week ended Wednesday, net flows into muni mutual funds fell to $41 mn, from $572 in the prior week, but we do not necessarily view the significant slowdown as an indicator of reduced demand.
  • For the calendar week, muni ETFs added $868 mn of net new assets, which was down just 4% from the week before; for the month of November, muni ETFs added $3.5 bn, up 7% from October, the 9th consecutive month of positive flows and a 12-month-high.
  • This week’s new issue calendar totals $15.3 bn, of which $12.0 bn is tax-exempt, $1.7 bn is subject to the AMT, and $1.4 bn is taxable; notable deals include a $1.5 bn New Jersey deal, $750 mn taxable Hawaii GO bonds, Orlando airport and more.
  • For additional details on municipal bond market tax-exempt and taxable yields and spreads see.

Equity Markets:

Commodity Markets:

Fund Flows:

Money Market Fund Flows

Long-Term Mutual Fund & ETF Flows for the Week Ended Wednesday, November 26

ETF Activity for the Calendar Week Ended on Friday, November 29

Fixed income ETFs pulled in $3.6 bn, down 60% from the week before, due mostly to the outflows from UST and IG corporate bond ETFs.

  • Agg ETFs added $1.3 bn, down by half from the week before and about half of the 13-week average of $2.4 bn, but it was the 22nd consecutive week of positive net flows.
  • UST ETFs lost $2.0 bn, after gaining $705 mn in the prior week.
  • IG ETFs lost $120 mn, after collecting $1.9 bn in the prior week.
  • HY corporate ETFs pulled in $869 mn, down 9% from the week before.
  • US equity ETFs added $21.7 bn, up 2% from the prior week and 34% more than the 13-week average.

Our archive of fixed income ETF reports is available on the.

For more about how we compile mutual fund and ETF flows please see.

The post US Weekly: Bessent’s Bond Boost appeared first on ׶Ƶ.

]]>
US Bankruptcy: Wellpath secured lenders to take control via sale and restructuring — Quick Take /us-bankruptcy-wellpath-secured-lenders-to-take-control-via-sale-and-restructuring-quick-take/ Fri, 15 Nov 2024 17:01:34 +0000 /?p=23569 The post US Bankruptcy: Wellpath secured lenders to take control via sale and restructuring — Quick Take appeared first on ׶Ƶ.

]]>

Related Documents:



H.I.G. Capital-backedWellpathfiled for prepackaged chapter 11 bankruptcy in Houston yesterday, seeking a dual-track plan of reorganization that includes selling its Recovery Solutions business for $375mn to lenders and a restructuring around its Wellpath Correctional Healthcareentity with an equity investment by the same group of prepetition lenders. The totality of the transactions will slash the prison health company’s $664mn prepetition debt by $500mn, according to court filings.

The RSA provides for $522mn in DIP financing, which includes $105mn in new money provided by the ad hoc group of lenders as signatories to the RSA and $417mn in rolled-up prepetition 1L and 2L loans.

According to the declaration of CRO Timothy Dragelin, the company faced a “significant maturity wall” and engaged with an ad hoc group of secured prepetition lenders led by Akin Gump and Houlihan Lokey. The company’s financial performanceexperiencedfluctuations over the past three years, driven by numerous external and internal challenges. A significant factor contributing to Wellpath’s financial woes was the impact of the COVID-19 pandemic, as well as a short-term increase in professional liability insurance expenses, primarily driven by case settlements associated with terminated contracts and the lack of available third-party liability insurance.

The first-day hearing is scheduled for Nov. 12 at 18:00 ET before Judge Alferdo Perez of the Southern District of Texas Bankruptcy Court.

Prepetition capital structure

image

Restructuring support agreement

  • The RSA provides for a plan effective date of no later than March17, 2025.
  • The ad hoc group of prepetition secured lenders will submit a stalking horse bid of $375mn for the acquisition of the Recovery Solutions business with a sale hearing to occur before Jan. 20, 2025.
  • DIP lenders will be offered equity equal to $20mn-$55mn, representing 97% of the common equity of reorganized Wellpath. 1L lenders will receive the remaining 3%.
  • 2L lenders will receive a pro rata share from any sale of the Recovery Solutions business.
  • General unsecured creditors will receive a yet to be determined amount either through the sale of Recovery Solutions or through interests in a litigation trust.
  • The RSA also entails a take-back debt term loan facility that will provide for $125mn distributed pro rata to the DIP lenders on account of their remaining roll-up loans.

Debtor-in-possession financing

  • Participation in the DIP facility is available to 1L and 2L lenders.
  • New-money DIP term loans:
    • $105mn in new-money backstopped by the ad hoc group of prepetition secured lenders.
    • $45mn will be available upon entry of the interim order and the remaining $60mn upon entry of the final order.
  • Roll-up DIP loans:
    • $417mn roll-up of 1L and 2L term loans.
    • The 1L term loans will be rolled-up on a 3.95:1 ratio while the prepetition 2L term loans will be rolled-up on a 0.50:1 basis.
  • The DIP term loan facility will mature 210 days from the petition date. The new-money tranche will accrue interest at SOFR+7.25% per annum and the rolled-up portion at SOFR+6.93% PIK monthly.
  • The backstop parties will receive a 10% commitment premium on the new-money commitments paid in kind. The closing fee is 5% of the new-money tranche also paid in kind on the closing of the transaction.

image

Jennifer Lappe, J.D.

+1 346 256 1345

The post US Bankruptcy: Wellpath secured lenders to take control via sale and restructuring — Quick Take appeared first on ׶Ƶ.

]]>