/raid1/www/Hosts/bankrupt/TCR_Public/190820.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, August 20, 2019, Vol. 23, No. 231
Headlines
11380 SMITH RD: U.S. Trustee Unable to Appoint Committee
127 EAST 69TH STREET: Voluntary Chapter 11 Case Summary
ALM MEDIA: S&P Places 'CCC+' ICR on Watch Dev. on Refinancing Plan
AVENUE STORES: Files for Chapter 11 to Close All 222 Stores
BALLANTYNE BRANDS: $740K Sale of All Assets to DSC Approved
BARNEYS NEW YORK: U.S. Trustee Forms 7-Member Committee
BLACKJEWEL LLC: Repaid Loans from Ex-CEO Months Before Ch.11 Filing
BON WORTH: Case Summary & 20 Largest Unsecured Creditors
BOSS OYSTER: U.S. Trustee Unable to Appoint Committee
CAMPUS EDGE: Oct. 3 Hearing on Disclosure Statement
CELLECTAR BIOSCIENCES: Appoints Dov Elefant as CFO
CENTINELA VALLEY: Unsecureds to Get 10% in Monthly Installments
CHARLES F. MAHL: U.S. Trustee Unable to Appoint Committee
CITYWIDE COMMUNITY: Case Summary & 12 Unsecured Creditors
COLORADO WICH: U.S. Trustee Unable to Appoint Committee
COMER ENTERPRISES: Case Summary & 20 Largest Unsecured Creditors
CONCH HOUSE: Oct. 8 Plan Confirmation Hearing
CONIFER VETERINARY: U.S. Trustee Unable to Appoint Committee
DELUXE ENTERTAINMENT: Moody's Reviews Caa2 CFR for Downgrade
E.O.S. RENTALS: Sept. 23 Hearing on Disclosure Statement
ENLINK MIDSTREAM: S&P Affirms 'BB+' ICR; Outlook Stable
EXPRESSWAY DELIVERIES: $15K Sale of All Assets to RED Approved
FALCON V: Creditors' Committee Objects to Disclosure Statement
FAUS INTERNATIONAL: Trustee's $485K Sale of All Assets Approved
FRANK THEATRES: $60K Sale of Equipment to Paragon Approved
FUIGO LLC: Case Summary & 12 Unsecured Creditors
FURNITURE PRODUCTS: Sept. 16 Hearing on Disclosure Statement
GREAT SMOKY: Sale of Interest in WAC Enterprises Approved
HMH MEDIA: Reaches Settlement Reducing Pension Plans' $40M Claim
HUNT CAMP: Sept. 20 Plan Confirmation Hearing Set
IEA ENERGY: Moody's Reviews Caa2 CFR for Upgrade on Ares Deal
IMR SECURITY: Case Summary & 8 Unsecured Creditors
J.E.L. SITE DEVELOPMENT: Case Summary & 20 Top Unsecured Creditors
JEFE PLOVER: $175K Sale of LP Interest in Southlake Approved
JP ADVANCED: Addresses Concerns on Secured Creditors' Treatment
KLC SAN DIEGO: Oct. 7, 2019 Plan Confirmation Hearing Set
LIGHTHOUSE PACIFIC: Chapter 15 Case Summary
LIGHTHOUSE PACIFIC: Indah Kiat's Irish Successor Files Chapter 15
LOGIX INTERMEDIATE: S&P Alters Outlook to Neg., Affirms 'B' ICR
MARK CARLESIMO: $800K Sale of Buying Bronxville Property Approved
MCDERMOTT TECHNOLOGY: Moody's Cuts CFR to B2, Outlook Negative
MO/JAS CONSTRUCTION: Case Summary & 20 Largest Unsecured Creditors
NORTHERN BOULEVARD: Trustee's $955K Sale of All Assets Approved
NORTHWEST TERRITORIAL: Trustee's $115 Sale of Assets to Ranger OK'd
OMNICHOICE HEALTH: U.S. Trustee Unable to Appoint Committee
PETE GOULD: $45K Sale of 2007 Kenworth Road Tractor Approved
PG&E CORP: Bankruptcy Court Denies Bids to Terminate Exclusivity
PHILLY DUE: Sept. 30 Plan Confirmation Hearing Set
PRESIDIO LLC: S&P Places 'B+' ICR on Watch Neg. on Pending Buy-out
PROGISTIC CARRIERS: Case Summary & 20 Largest Unsecured Creditors
QCA HEALTH: A.M. Best Lowers Financial Strength Rating to B(Fair)
R-BOC REPRESENTATIVES: Sept. 17 Combined Plan, Disclosures Hearing
REATA REAL ESTATE: IP Realty Objects to Disclosure Statement
SCOTT INDUSTRIES: Junior, WCG Seeks Confirmation Order Compliance
SEAGRAPE ENTERPRISES: U.S. Trustee Unable to Appoint Committee
SEARS FARM: Seeks to Amend Confirmed Plan to Make Loan Payments
SERVICEMASTER GLOBAL: S&P Alters Outlook to Pos., Affirms BB- ICR
SINTX TECHNOLOGIES: Reports $3.1 Million Net Loss for 2nd Quarter
SPRINT INDUSTRIAL: Moody's Withdraws Ca CFR for Business Reasons
SUMMERWELL VENTURE: Chapter 15 Case Summary
SUMMERWELL VENTURE: Lontar's Irish Successor Files Chapter 15
TEXAS PELLETS: Sept. 4 Combined Plan, Disclosures Hearing
THOMAS M. COOLEY: S&P Affirms 'BB' Rating on 2014 Revenue Bond
VERNON PARK: Oct. 22 Combined Plan, Disclosures Hearing
WILLOWOOD AZOXYSTROBIN: U.S. Trustee Unable to Appoint Committee
WINFIELD INN: U.S. Trustee Unable to Appoint Committee
XENETIC BIOSCIENCES: CVI Investments Has 8.9% Stake as of July 17
XENETIC BIOSCIENCES: Incurs $1.4 Million Net Loss in 2nd Quarter
[^] Large Companies with Insolvent Balance Sheet
*********
11380 SMITH RD: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
No official committee of unsecured creditors has been appointed in
the Chapter 11 case of 11380 Smith Rd LLC as of Aug. 15, according
to a court docket.
About 11380 Smith Rd. LLC
11380 Smith Rd LLC listed itself as a single asset real estate (as
defined in 11 U.S.C. Section 101(51B)). It owns in fee simple a
real property located at 11380 Smith Road Aurora, Colo., with an
estimated value of $6.50 million. It posted gross revenue of
$229,240 in 2017 and gross revenue of $641,084 in 2016.
11380 Smith Rd filed a Chapter 11 petition (Bankr. D. Col. Case No.
18-10965) on Feb. 13, 2018. In the petition signed by Louis Hard,
manager/member, the Debtor disclosed $9.13 million in total assets
and $4.76 million in total liabilities. The Hon. Thomas B.
McNamara presides over the case. Jeffrey Weinman, Esq., at Weiman
& Associates, P.C., is the Debtor's bankruptcy counsel. Brown
Dunning Walker PC, is the special counsel.
127 EAST 69TH STREET: Voluntary Chapter 11 Case Summary
-------------------------------------------------------
Debtor: 127 East 69th Street LLC
127 East 69th Street
New York, NY 10021
Business Description: 127 East 69th Street classifies its business
as Single Asset Real Estate (as defined in
11 U.S.C. Section 101(51B)).
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Southern District of New York (Manhattan)
Case No.: 19-12647
Judge: Hon. Sean H. Lane
Debtor's Counsel: Alex Spizz, Esq.
TARTER KRINSKY & DROGIN LLP
1350 Broadway, 11th Floor
New York, NY 10018
Tel: (212) 216-1155
(212) 216-8000
Fax: (212) 216-8001
E-mail: aspizz@tarterkrinsky.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Leigh Keno, sole member.
The Debtor failed to submit a list of its 20 largest unsecured
creditors at the time of the filing.
A full-text copy of the petition is available for free at:
http://bankrupt.com/misc/nysb19-12647.pdf
ALM MEDIA: S&P Places 'CCC+' ICR on Watch Dev. on Refinancing Plan
------------------------------------------------------------------
S&P Global Ratings placed all of its ratings on U.S. legal
publisher ALM Media LLC, including its 'CCC+' issuer credit rating,
on CreditWatch with developing implications pending the outcome of
its proposed transaction.
The CreditWatch placement follows the company's announced
refinancing plan that it presented to its current lenders. The
proposed plan would refinance the company's entire capital
structure (currently consisting of a $215 million first-lien term
loan and $22.5 million revolver that matures in July 2020 and a $50
million second-lien term loan that matures in July 2021) and extend
maturities.
The CreditWatch with developing implications reflects the potential
for a higher or lower rating on ALM depending on the outcome of its
refinancing efforts.
If the refinancing extends the company's debt maturities several
years, S&P could raise its rating on ALM by one notch. This
scenario would be predicated on the rating agency's expectation
that leverage would decline to the mid-5x range over the next 12 to
24 months as a result of stable EBITDA generation, steady cash
flow, and mandatory debt amortization payments.
"If the refinancing is not completed or is delayed, we believe this
would increase the probability of an in or out of court
restructuring to address the company's current debt obligations. In
such a scenario, we could lower the ratings to reflect a higher
likelihood of default," S&P said.
"We expect to resolve the CreditWatch placement shortly after Sept.
30, 2019," the rating agency said.
AVENUE STORES: Files for Chapter 11 to Close All 222 Stores
-----------------------------------------------------------
Plus-size women's apparel outlet Avenue Stores LLC filed for
bankruptcy Aug. 16, 2019, with plans to close all of its 222
brick-and-mortar stores.
Liquidators Gordon Brothers and Hilco Merchant Resources LLC are
conducting the store-closing sales at Avenue stores in more than 30
states.
Before the bankruptcy filing, the Debtors were already in the
process of winding down operations at 32 of their 255 stores and
conducting clearance sales in furtherance thereof. The Debtors
intend to complete store closing sales and vacate these 32 stores
before the end of August 2019.
The Debtors are a national specialty fashion retailer of women's
plus-sized apparel, intimates, footwear, and accessories.
Headquartered in Rochelle Park, New Jersey, the Debtors have two
primary units: the retail store business and an e-commerce
business. The Debtors operated 255 leased stores in 35 states,
which are primarily located in suburban areas and in malls or
shopping centers. In addition to their retail operations, the
Debtors sell and distribute merchandise through the Avenue.com and
Loralette.com websites (the "E-Commerce Business"). The Debtors
also have historically sold gift cards, which business has been
primarily operated through Ornatus URG Gift Cards, LLC.
As of the Petition Date, the Debtors employed, in the aggregate,
2,000 employees.
David Rhoads, president and CFO for Avenue Stores, explains that
the Debtors have recently suffered operational losses stemming
from, among other things, onerous lease obligations,
underperforming retail locations, and the continued growth of
online competitors and decline of in-store shoppers. In this
context, the Debtors and their advisors began exploring
restructuring alternatives. After considering numerous potential
ways to address the Debtors' debt structure and liquidity issues,
Avenue's board of directors determined that it was appropriate to
wind down the Debtors' brick-and-mortar operations prior to, and
during, the Chapter 11 Cases.
E-Commerce Business to Stay
Prepetition, the Debtors retained Configure Partners, LLC, to serve
as investment banker, and the firm retained more than 70 potential
purchasers. After evaluating interest expressed by potential
purchasers, the Debtors intend to commence a going concern bidding
and sale process for, among other things, their E-Commerce
Business, inventory stored in their third-party warehousing
facility in Dallas, Texas used in connection with the E-Commerce
Business, and their intellectual property. Despite the interest to
date expressed in the Going Concern Assets, a stalking horse
purchaser has not yet emerged. However, the Debtors, with the
assistance of Configure, are continuing to engage with potential
purchasers of the Going Concern Assets.
In the event that the Debtors either (a) do not secure an
indication of interest for the purchase of the Going Concern Assets
by Sept. 14, 2019 or, in the event a letter of intent is obtained,
(b) do not also secure a binding stalking horse bid for such assets
by Sept. 24, 2019, the E-Commerce Business inventory will be
liquidated by Gordon/Hilco on the terms set forth in their agency
agreement -- E-Commerce Option-- and the Debtors will initiate a
standalone sale process for their intellectual property.
Wind Down of All Stores
Once it became clear that the Debtors would wind down their
brick-and-mortar operations on a chain-wide level and with Court
oversight, the Debtors retained Malfitano Advisors, LLC, to serve
as asset disposition advisor and consultant to solicit both
"equity" and "fee" based liquidation proposals from various
national liquidation firms that could handle the disposition of a
significant portion of the Debtors' assets.
In an effort to streamline and expedite the liquidation process,
the Debtors created an online data room and contacted multiple
nationally recognized liquidation firms or joint ventures thereof.
After evaluating various bids, including proposals that also
contemplated liquidating inventory stored in the Texas Distribution
Center through the Debtors' online platform, the Debtors and their
advisors determined to hold an auction to select a liquidation
agent to sell store level inventory at all of the Debtors' retail
locations other than the Initial Closing Stores -- Remaining
Closing Stores -- and E-Commerce Business inventory, subject to the
E-Commerce Option. In connection therewith, the Debtors negotiated
a "stalking horse" agency agreement with Gordon/Hilco.
The Stalking Horse Agreement provided that, in the event the
Debtors elect as a consequence of the auction to pursue an
alternative higher/better transaction, the Debtors will pay the
Stalking Horse an amount equal to the sum of (i) $100,000 as
Break-Up Fee and (ii) an expense reimbursement of up to $20,000 to
cover the Stalking Horse's reasonable out-of-pocket costs and
expenses, which includes due diligence and professionals' fees and
expenses.
The Stalking Horse Agreement was in excess of $1,100,000 higher
than initial bids received from the various liquidation firms, and
more importantly, provided the E-Commerce Option, which would allow
the Debtors the time to conduct the Going Concern Sale Process.
On Aug. 9, 2019, the Debtors conducted an auction between the
competing liquidators based upon the form of and terms in the
Stalking Horse Agreement. The auction was attended by counsel to
the Debtors, Malfitano, and counsel to the Pre-Petition ABL Lenders
(as well as the bidders) and was duly transcribed. The Debtors
determined (in consultation with the Pre-Petition ABL Lenders) that
the bid submitted by Gordon/Hilco represented the highest and best
offer, and that entry into the Agency Agreement with Gordon/Hilco
to conduct store closing sales or similar themed sales at the
Remaining Closing Stores and, subject to the exercise of the
Ecommerce Option, of the E-Commerce Business inventory was in the
best interests of the Debtors and their estates. The Agency
Agreement provided additional consideration in excess of $500,000
and provided an additional two weeks for the E-Commerce Option to
be exercised, which may provide the Debtors with significant
benefit as it moves through the Going Concern Sale Process. The
Debtors and the Agent entered into the Agency Agreement immediately
following the auction conducted on August 9, 2019.
The Agent will serve as the exclusive agent to the Debtors for the
purpose of conducting a sale of (a) merchandise (i) at the
Remaining Closing Stores and (ii) subject to the exercise of the
E-Commerce Option, relating to the Debtors' E-Commerce Business
(the "On-Line Merchandise" and together with the Store Merchandise,
the "Merchandise"); and (b) the furniture, fixtures, and equipment
owned by the Debtors (the "Owned FF&E" and together with the
Merchandise, the "Store Closing Assets") in the Remaining Closing
Stores and, upon exercising the E-Commerce Option, the
Headquarters, using the procedures outlined in the Sale Guidelines,
and, subject to the terms contained in the Agency Agreement.
Gordon/Hilco guarantees that Debtors will receive 21% of the
aggregate Retail Value of the Merchandise. The Guaranty Percentage
has been fixed based upon the aggregate Retail Value of the Store
Merchandise included in the Sale being not less than $54,000,000 --
Store Merchandise Threshold -- and provided further, it the
E-Commerce Option is exercised, the Merchandise Threshold for the
On-line Merchandise shall be $26,000,000 -- On-line Merchandise
Threshold.
About Avenue Stores
Avenue has been a leader in the fashion industry for plus-size
clothing for over thirty years. The "Avenue" brand was founded in
1987 when national retailer Limited Brands, Inc. combined its
"Lerner Woman" store group with its "Sizes Unlimited" store group
and was subsequently spun off as an independent division and
renamed United Retail Group Inc. in 1989.
United Retail Group conducted an initial public offering in 1992
and operated as a public company that traded on NASDAQ under the
symbol "URGI" until November 2007, when it was acquired by VLP
Corporation, an affiliate of Redcats USA, Inc.
After the acquisition by Redcats USA, the company experienced
operating losses driven by sales declines in retail stores, which
led United Retail Group and certain of its affiliates to commence
bankruptcy proceedings (Bankr. S.D.N.Y. Lead Case No. 12-10405) on
Feb. 1, 2012. In a court-approved auction, Avenue Stores LLC
(formerly known as Ornatus URG Acquisition, LLC) purchased
substantially all of URG's assets. The sale closed on April 13,
2012.
Investment funds advised by Versa Capital Management, LLC, hold
indirectly approximately 99% of the Class A Units issued by Ornatus
Holdings, with the remaining Class A Units held by a third-party
investor. In addition to Class A Units, those same equity holders
hold 100% of the Class A-1 Units and Class B Units issued by
Ornatus Holdings.
On Aug. 16, 2019, Avenue Stores, LLC and 3 affiliates each filed a
voluntary petition for relief under Chapter 11 of the United States
Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-11842), disclosing
that it intends to close all 255 brick-and-mortar store locations.
The new cases are pending before the Honorable Laurie Selber
Silverstein.
Young Conaway Stargatt & Taylor, LLP, is the Debtors' counsel.
BRG is the financial advisor. Configure Partners LLC is the
investment banker in connection with the sale of the E-Commerce
Business. Prime Clerk LLC is the claims agent. A joint venture by
Hilco Merchant Resources, LLC, and Gordon Brothers Retail Partners,
LLC, is conducting "going out of business" sales at the Company's
retail stores.
BALLANTYNE BRANDS: $740K Sale of All Assets to DSC Approved
-----------------------------------------------------------
Judge J. Craig Whitley of the U.S. Bankruptcy Court for the Western
District of North Carolina authorized Delaware-based Ballantyne
Brands, LLC and North Carolina-based Ballantyne Brands, LLC to sell
substantially all their assets to DSC Services II, LLC, for a
purchase price consisting of a credit against DSC's allowed secured
claim in the amount of $660,000, and a cash payment of $80,000.
The sale is free and clear of any liens, claims, encumbrances and
interests.
The Debtors will hold the $80,000 cash component of the purchase
price in the trust account of Moon Wright & Houston, PLLC pending
an agreement with Fontem, or in the absence of such agreement
further order of the Court, regarding the amount of Fontem's
administrative expense claim against the Debtors' estates arising
under the Fontem Agreements resulting from the sale approved by the
Order.
The Debtors have waived, and will be prohibited from enforcing, any
right to (i) claim a surcharge against DSC's collateral pursuant to
section 506(c) of the Bankruptcy Code or (ii) assert a claim
against DSC, in either case, for any amounts they are obligated to
pay Fontem as a result of the sale to DSC approved in the Order.
The further hearing contemplated will be held on Sept. 10, 2019 at
10:30 a.m. with no further notice of such hearing being given.
The 14-day stay of the Order imposed by Bankruptcy Rule 6004(h) is
waived.
About Ballantyne Brands
Ballantyne Brands -- https://www.misticecigs.com/ -- manufactures
electronic cigarette under the brand Mistic.
Ballantyne Brands LLC, a Delaware limited liability company, and
Ballantyne Brands LLC, a North Carolina limited liability company,
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
W.D.N.C. Case Nos. 19-30083 and 19-30084) on Jan. 18, 2019.
At the time of the filing, Ballantyne Brands disclosed $189,222 in
assets and $16,613,740 in liabilities. Meanwhile, the company's
North Carolina affiliate reported zero assets and liabilities of
$1,586,511.
The cases are assigned to Judge Craig J. Whitley. Moon Wright &
Houston, PLLC, is the Debtors' legal counsel.
BARNEYS NEW YORK: U.S. Trustee Forms 7-Member Committee
-------------------------------------------------------
The U.S. Trustee for Region 2 on Aug. 15 appointed seven creditors
to serve on the official committee of unsecured creditors in the
Chapter 11 cases of Barneys New York, Inc. and its affiliates.
The committee members are:
(1) Simon Property Group, L.P.
225 West Washington Street
Indianapolis, IN 46204
Attn: Ronald M. Tucker
Vice President/Bankruptcy Counsel
Telephone: (317) 263-2346
Fax: (317) 263-7901
Email: rtucker@simon.com
(2) Flagship 660 Owner LLC
Flagship Partners II LLC
c/o SCF Management LLC
1407 Broadway, 41st Floor
New York, NY 10018
Attn: Robert Cayre
Telephone: (212) 789-7216
Email: bobc@cayre.com
(3) PRADA USA Corp.
610 West 52nd Street
New York, NY 10019
Attn: David R. Warren
Vice President/General Counsel
Telephone: (212) 307-9300
Email: david.warren@prada.com
(4) New York-New Jersey Regional Joint Board
affiliated with Workers United
305 Seventh Avenue
New York, NY 10001
Attn: Fred Kaplan, Secretary-Treasurer
Telephone: (212) 475-3131
Fax: (212) 475-6093
Email: fkaplan@workersunitednynj.org
(5) Hilldun Corporation
225 West 35th Street, Floor 10
New York, NY 10001
Attn: Gary Wassner, CEO
Telephone: (212) 244-2600
Email: GARY@HILLDUN.COM
(6) Chloe, a division of Richemont North America, Inc.
645 Fifth Avenue, 5th Floor
New York, NY 10022
Attn: Alexa Geovanos, Brand President
Chloe North and South America
Telephone: (917) 606-7034
Email: alexa.geovanos@chloe.com
(7) CSS Building Services
846 Livingston Avenue
North Brunswick, NJ 08902
Attn: Vic Tartara, Chief Operating Officer
Telephone: (609) 655-5000
Email: vtartara@cssbuildingservices.com
The proposed counsel for the Committee:
Robert J. Feinstein, Esq.
Bradford J. Sandler, Esq.
John A. Morris, Esq.
Colin R. Robinson, Esq.
PACHULSKI STANG ZIEHL & JONES LLP
780 Third Avenue, 34th Floor
New York, NY 10017
Telephone: (212) 561-7700
Facsimile: (212) 561-7777
Email: rfeinstein@pszjlaw.com
bsandler@pszjlaw.com
jmorris@pszjlaw.com
crobinson@pszjlaw.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Barneys New York
Barneys New York (Barneys) -- https://www.barneys.com/ -- is a
creative destination for modern luxury retail, entertainment and
dining. Barneys is renowned for being a place of discovery for
some of the world's leading designers, and for creating the most
discerning edit across women's and men's ready-to-wear,
accessories, shoes, jewelry, cosmetics, fragrances, and home.
Barneys' signature creativity and style comes to life through its
innovative concepts and experiences, imaginative holiday campaigns,
famed window displays, and exclusive activations. Barneys also
operates its iconic restaurants, Freds at Barneys New York, serving
an Italian-inspired and contemporary American menu within four of
its flagship stores.
Barneys New York, Inc., and four affiliates sought Chapter 11
protection (Bankr. S.D.N.Y. Lead Case No. 19-36300) in
Poughkeepsie, N.Y. The cases have been assigned to Judge Cecelia
G. Morris.
Barneys disclosed $457 million in assets and $377 million in
liabilities as of July 6, 2019.
The Debtors tapped Kirkland & Ellis LLP as legal advisor, Houlihan
Lokey as financial advisor, M-III Partners, L.P. as restructuring
advisor, and Katten Muchin Rosenman LLP as conflicts counsel.
Bankruptcy Management Solutions, Inc., which conducts business
under the name Stretto, is the claims agent.
BLACKJEWEL LLC: Repaid Loans from Ex-CEO Months Before Ch.11 Filing
-------------------------------------------------------------------
Jonathan Randles, writing for The Wall Street Journal, reported
that Blackjewel LLC took more than $52.8 million in loans from Jeff
Hoops, Sr., its former chairman and chief executive officer, and
repaid $41.8 million of those loans in the six months prior to the
coal-mining company's bankruptcy.
According to the Journal, these loans were the source of a dispute
between Blackjewel and senior lender Riverstone Credit Partners
that the company has said was the cause of its chapter 11 filing.
Mr. Hoops provided the loans to Blackjewel between Jan. 10 and June
27 and during the same six months the company repaid him more than
$41.8 million, the Journal said, citing court papers. Blackjewel
still owes Mr. Hoops approximately $10.6 million, the Journal
further cited the company's court filings.
The Debtors received objections to the proposed financing with
Riverstone. The arguments of the Objecting Parties generally fall
in two categories: (a) objections to the Debtors' assertion that
alternative financing that would not prime the Objecting Parties'
liens could not be obtained, and (b) objections to the Debtors'
showing of adequate protection.
The Debtors, in response, related that entering into the Riverstone
Facility and granting the priming liens, was necessary to preserve
value in these cases, as the Debtors stood at the precipice of
conversion to chapter 7 at the time of the filing of the Riverstone
DIP Motion. The Debtors added that they reached out to more than
30 potential lenders but these efforts were not successful and the
Debtors were only able to enter into two short-term bridge loans,
including the Riverstone Facility.
The Journal pointed out that Blackjewel originally proposed to
obtain postpetition loans from Mr. Hoops but the Court rejected
that proposal, saying it would prejudice other Blackjewel
creditors. Riverstone, instead, provided Blackjewel alternative
emergency funding that required Mr. Hoops to resign from the
company, the Journal pointed out.
The loans from Mr. Hoops could be recovered in Chapter 11, Kevin W.
Barrett, Esq., a lawyer representing Riverstone, told the Court.
Mr. Hoops said Riverstone had for months been aware of the loans he
was providing and only in late June took the position that they
violated the credit agreement, the Journal related.
Riverstone is represented by:
Brian A. Glasser, Esq.
Kevin W. Barrett, Esq.
Marc R. Weintraub, Esq.
Maggie B. Burrus, Esq.
BAILEY & GLASSER LLP
209 Capitol Street
Charleston, West Virginia 25301
Telephone: (304) 345-6555
Facsimile: (304) 342-1110
Email: bglasser@baileyglasser.com
kbarrett@baileyglasser.com
mweintraub@baileyglasser.com
mburrus@baileyglasser.com
-- and --
Kathrine A. McLendon, Esq.
Jamie Fell, Esq.
Simpson Thacher & Bartlett LLP
425 Lexington Avenue
New York, New York 10017
Telephone: (212) 455-2000
Facsimile: (212) 455-2502
Email: kmclendon@stblaw.com
Mr. Hoops is represented by:
Janet Smith, Esq.
Holbrook Dinsmore & Shohl LLP
611 Third Avenue Huntington, WV 25701
Tel: (304) 691-8330
Fax: (304) 522-4312
Email: janet.holbrook@dinsmore.com
About Blackjewel L.L.C.
Blackjewel L.L.C.'s core business is mining and processing
metallurgical, thermal and other specialty and industrial coals.
Blackjewel operates 32 properties, including surface and
underground coal mines, preparation or wash plants, and loadouts or
tipples. Combined, Blackjewel and its affiliates hold more than
500 mining permits. Operations are located in the Central
Appalachian Basin in Virginia, Kentucky and West Virginia and the
Powder River Basin in Wyoming.
Blackjewel L.L.C. and four affiliates filed voluntary petitions
seeking relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.
W.Va. Lead Case No. 19-30289) on July 1, 2019.
Blackjewel estimated $100 million to $500 million in asset and $500
million to $1 billion in liabilities as of the bankruptcy filing.
The Hon. Frank W. Volk is the case judge.
The Debtors tapped Squire Patton Boggs (US) LLP as bankruptcy
counsel; Supple Law Office, PLLC as local bankruptcy counsel; FTI
Consulting Inc. as financial advisor; Jefferies LLC as investment
banker; and Prime Clerk LLC as the claims agent.
The Office of the U.S. Trustee on July 3, 2019, appointed five
creditors to serve on the official committee of unsecured creditors
in the Chapter 11 case of Blackjewel LLC.
The Committee's proposed counsel:
Brandy M. Rapp, Esq.
WHITEFORD TAYLOR & PRESTON LLP
10 S. Jefferson Street, Suite 1110
Roanoke, Virginia 24011
Tel: (540) 759-3577
Fax: (540) 759-3567
Email: brapp@wtplaw.com
-- and --
Michael J. Roeschenthaler, Esq.
Daniel J. Schimizzi, Esq.
200 First Avenue, Third Floor
Pittsburgh, PA 15222
Tel: (412) 618-5601
Email: mroeschenthaler@wtplaw.com
dschimizzi@wtplaw.com
BON WORTH: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------
Debtor: Bon Worth, Inc.
40 Francis Road
Hendersonville, NC 28792-9314
Business Description: Bon Worth -- https://www.bonworth.com/ --
is a retailer of women's fashion having more
than 160 retail stores located in 33 states
and maintaining an online presence through
its website and on Facebook.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Western District of North Carolina (Asheville)
Case No.: 19-10317
Judge: Hon. George R. Hodges
Debtor's Counsel: Paul R. Baynard, Esq.
HORACK, TALLEY, PHARR & LOWNDES, P.A.
301 S. College Street, Suite 2600
Charlotte, NC 28202
Tel: (704) 377-2500
Fax: (704) 372-2619
E-mail: pbaynard@horacktalley.com
- and -
Amy Purwin Hunt, Esq.
HORACK, TALLEY, PHARR & LOWNDES, P.A.
301 South College Street, Suite 2600
Charlotte, NC 28202-6006
Tel: 704-377-2500
Fax: 704-372-2619
E-mail: ahunt@horacktalley.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by David A. Herman, chief operating
officer.
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:
http://bankrupt.com/misc/ncwb19-10317.pdf
BOSS OYSTER: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------
The U.S. Trustee, until further notice, will not appoint an
official committee of unsecured creditors in the Chapter 11 case of
Boss Oyster, Inc., according to court dockets.
About Boss Oyster
Boss Oyster Inc. owns and operates an oyster bar restaurant in
Apalachicola, Fla.
Boss Oyster sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. N.D. Fla. Case No. 19-40357) on July 12, 2019. At the
time of the filing, the Debtor disclosed assets of between $1
million and $10 million and liabilities of the same range.
The case has been assigned to Judge Karen K. Specie. Bruner
Wright, P.A. is the Debtor's bankruptcy counsel.
CAMPUS EDGE: Oct. 3 Hearing on Disclosure Statement
---------------------------------------------------
The hearing to consider the approval of the disclosure statement of
Campus Edge Condominium Association, Inc., will be held at U.S.
Courthouse, 401 S.E. First Avenue, Third Floor, Courtroom 3,
Gainesville, FL on October 3, 2019 at 10:45 AM, Eastern Time.
September 26, 2019, is fixed as the last day for filing and serving
written objections to the disclosure statement.
About Campus Edge Condominium Association
Campus Edge Condominium Association, Inc. sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Fla. Case No.
19-10011) on January 14, 2019. At the time of the filing, the
Debtor had estimated assets of less than $1 million and liabilities
of less than $1 million.
The case has been assigned to Judge Karen K. Specie. Thames Markey
& Heekin, P.A. is the Debtor's legal counsel.
No official committee of unsecured creditors has been appointed in
the Chapter 11 case of Campus Edge Condominium Association, Inc.,
as of Feb. 28, according to a court docket.
CELLECTAR BIOSCIENCES: Appoints Dov Elefant as CFO
--------------------------------------------------
Cellectar Biosciences, Inc., has appointed Mr. Dov Elefant, a
seasoned biotechnology executive, as its chief financial officer
effective as of Sept. 10, 2019.
"We are excited to have Dov join the Cellectar team. He brings
tremendous industry experience as a seasoned financial executive
having served as CFO for three publicly traded companies in the
life sciences sector," said James Caruso, president and CEO of
Cellectar. "Throughout his long career, Dov has demonstrated
outstanding leadership and has acheived many significant
accomplishments. I am certain his deep industry expertise will be
a tremendous asset as we advance the company and deliver key
milestones in the coming months."
Mr. Elefant commented, "I am thrilled to join the Cellectar
management team and be part of its exciting journey. The PDC
plaform technology is impressive and CLR-131 is a promising therapy
with the potential to provide meaningful treatment options in
liquid and solid tumors for both adult and pediatric patients. I
look forward to contributing to the Company's success and continued
growth."
Mr. Dov Elefant is an established executive with over 20 years of
industry experience in corporate finance and operational leadership
positions. Mr. Elefant joins Cellectar after having served as
chief financial officer at several companies, most recently at
Akari Therapeutics, where he helped raise nearly $100 million
during his tenure. Prior to Akari, he served as Chief Financial
Officer at Celsus Therapeutics until its merger in September 2015,
and at Althera Medical Ltd. Mr. Elefant has also been a consultant
for a number of companies and was the Corporate Controller at Lev
Pharmaceuticals through its acquisition by ViroPharma.
Mr. Elefant will be an employee "at will". Mr. Elefant will
receive an annual base salary of $315,000 and a targeted annual
bonus of 30 percent of base salary, and will be granted, as an
inducement award, an option to purchase 90,000 shares of the
Company's common stock, vesting annually over three years. In the
event of a dismissal without cause, or resignation by Mr. Elefant
for good reason, Mr. Elefant will be entitled to nine months of
severance. In the event of dismissal without cause, or resignation
by Mr. Elefant for good reason, within the twelve months following
a change in control, Mr. Elefant will be entitled to twelve months
of severance.
About Cellectar Biosciences
Cellectar Biosciences -- http://www.cellectar.com/-- is focused on
the discovery, development and commercialization of drugs for the
treatment of cancer. The Company plans to develop proprietary
drugs independently and through research and development
collaborations. The core drug development strategy is to leverage
its PDC platform to develop therapeutics that specifically target
treatment to cancer cells. Through R&D collaborations, the
Company's strategy is to generate near-term capital, supplement
internal resources, gain access to novel molecules or payloads,
accelerate product candidate development and broaden its
proprietary and partnered product pipelines.
Cellectar reported a net loss attributable to common stockholders
of $15.48 million in 2018, following a net loss attributable to
common stockholders of $15.01 million in 2017. As of March 31,
2019, Cellectar had $12.54 million in total assets, $2.70 million
in total liabilities, and $9.84 million in total stockholders'
equity.
Baker Tilly Virchow Krause, LLP, in Madison, Wisconsin, the
Company's auditor since 2016, issued a "going concern" opinion in
its report on the consolidated financial statements for the year
ended Dec. 31, 2018, noting 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.
CENTINELA VALLEY: Unsecureds to Get 10% in Monthly Installments
---------------------------------------------------------------
Centinela Valley Endoscopy Center, Inc., filed a Chapter 11 plan
and accompanying disclosure statement proposing that general
unsecured claims, which are impaired, will be paid 10% of its claim
beginning the first relevant date after the Effective Date over two
years in equal monthly installments, due on the first day of each
calendar month/quarter without interest.
CLASS #4a - Deborah Ann Waters's secured claim of $35,000, is
impaired, and will be paid over 24 months with 7% fixed interest;
Waters shall reconvey her lien and release her UCC-1 Financing
Statement within fifteen (15) days of receipt of final plan
payment.
CLASS #4b Olivia Lesick's claims are impaired. Pursuant to
settlement agreement, Lesick to receive $20,000 on first day of the
first monthly following the court approving the settlement
agreement (estimated to be September 1, 2019). Remaining claim of
$130,000 to be paid in 46 consecutive monthly installments of
$2,826 commencing the month after the first payment is made
(estimated to be October 1, 2019). Lesick to file a Satisfaction of
Judgment (full) and release her judgment lien within fifteen (15)
days of receipt of her final plan payment.
CLASS #4c MUFG Union Bank are impaired. Loan is deemed
extinguished.
A full-text copy of the Disclosure Statement dated August 9, 2019,
is available at https://tinyurl.com/y3rlm5kn from PacerMonitor.com
at no charge.
Attorney for the Debtor:
Daniel J. Weintraub, Esq.
James R. Selth, Esq.
Crystle J. Lindsey, Esq.
WEINTRAUB & SELTH, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
Email: crystle@wsrlaw.net
About Centinela Valley
Centinela Valley Endoscopy Center, Inc., is a California
corporation operating a free-standing ambulatory endoscopy center
for procedures not requiring hospital admission, formed on Sept.
18, 2003 by doctors Stephen A.C. Parnell, Donald R. Henderson,
Steven A. Lerner, and Mark Lott in response to the need for
cost-effective diagnostic services in the medically underserved
community of Inglewood, California.
Centinela Valley Endoscopy Center filed a Chapter 11 petition
(Banrk. C.D. Cal. Case No. 18-21391) on Sept. 28, 2018, estimating
$100,001 to $500,000 in assets and $500,001 to $1 million in
liabilities. The Debtor is represented by Nina Z Javan at
Weintraub & Selth, APC.
CHARLES F. MAHL: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------------
The U.S. Trustee, until further notice, will not appoint an
official committee of unsecured creditors in the Chapter 11 case of
Charles F. Mahl M.D. P.A., according to court dockets.
About Charles F. Mahl M.D.
Charles F. Mahl M.D. P.A. sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-19058) on July 8,
2019. At the time of the filing, the Debtor had estimated assets
of less than $50,000 and liabilities of less than $500,000. The
case has been assigned to Judge Laurel M. Isicoff. The Debtor is
represented by Orshan, P.A.
CITYWIDE COMMUNITY: Case Summary & 12 Unsecured Creditors
---------------------------------------------------------
Debtor: Citywide Community Counseling Services, Inc.
537-539 E. Allegheny Avenue
Philadelphia, PA 19134
Business Description: Citywide Community Counseling Services is a
501 c(3) non-profit corporation that
offers psychiatric, psychological, and
behavioral services. The Company has
a multicultural & multilingual behavioral
health program designed to provide
outpatient services, within a full range of
modalities.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Eastern District of Pennsylvania (Philadelphia)
Case No.: 19-15164
Judge: Hon. Magdeline D. Coleman
Debtor's Counsel: Albert A. Ciardi, III, Esq.
CIARDI CIARDI & ASTIN, P.C.
One Commerce Square
2005 Market Street, Suite 3500
Philadelphia, PA 19103
Tel: (215) 557-3550
Fax: 215-557-3551
E-mail: aciardi@ciardilaw.com
- and -
Nicole Marie Nigrelli, Esq.
CIARDI CIARDI & ASTIN, P.C.
One Commerce Squire, Suite 3500
Philadelphia, PA 19103
Tel: 215-557-3550
E-mail: nnigrelli@ciardilaw.com
- and -
Daniel S. Siedman, Esq.
CIARDI CIARDI & ASTIN, P.C.
One Commerce Square
2005 Market Street, Ste. 3500
Philadelphia, PA 19103
Tel: 215-557-3550
E-mail: dsiedman@ciardilaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Dr. Modesta Molina, COO.
A copy of the Debtor's list of 12 unsecured creditors is available
for free at:
http://bankrupt.com/misc/paeb19-15164_creditors.pdf
A full-text copy of the petition is available for free at:
http://bankrupt.com/misc/paeb19-15164.pdf
COLORADO WICH: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------
No official committee of unsecured creditors has been appointed in
the Chapter 11 cases of Colorado Wich Inc. and Colorado Wich LLC as
of Aug. 15, according to a court docket.
About Colorado Wich
Colorado Wich LLC is a privately-held company in Highlands Ranch,
Colorado engaged in the business of selling sandwiches. Colorado
Wich Inc. is merely a holding company for Colorado Wich LLC, which
is the actual operating Debtor entity.
Colorado Wich LLC and Colorado Wich Inc. sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Lead Case No.
18-13443) on April 24, 2018. The Court granted the joint
administration of the Debtors' cases on April 25, 2018.
In the petitions signed by Jeffrey A. Gordan, member, Colorado Wich
LLC disclosed $500,095 in assets and $2,150,648 in liabilities
while Colorado Wich Inc. disclosed $92 in assets and $22,364 in
liabilities.
Judge Kimberley H. Tyson oversees the cases.
The Debtors tapped Buechler & Garber, LLC as their legal counsel.
COMER ENTERPRISES: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: Comer Enterprises, Inc.
dba CE-Solutions
dba Allere Group
110 East State Street, Suite D
Kennett Square, PA 19348
Business Description: Comer Enterprises Inc. d/b/a CE Solutions
provides staffing services and specializes
in identifying the right fit for a company
through technology-centric and
aptitude-encompassing hiring algorithms.
Chapter 11 Petition Date: August 18, 2019
Court: United States Bankruptcy Court
Eastern District of Pennsylvania (Philadelphia)
Case No.: 19-15182
Judge: Hon. Magdeline D. Coleman
Debtor's Counsel: David B. Smith, Esq.
SMITH KANE HOLMAN, LLC
112 Moores Road, Suite 300
Malvern, PA 19355
Tel: (610) 407-7217
(610) 407-7215
Fax: (610) 407-7218
E-mail: dsmith@skhlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Nicole Comer, 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:
http://bankrupt.com/misc/paeb19-15182.pdf
CONCH HOUSE: Oct. 8 Plan Confirmation Hearing
---------------------------------------------
The disclosure statement explaining the Chapter 11 plan filed by
Conch House Builders, LLC, is approved.
A confirmation hearing will be held on October 8, 2019 at 10:30
a.m., in 4th Floor Courtroom D, 300 North Hogan Street,
Jacksonville, Florida.
September 24, 2019, is fixed as the last day for filing written
acceptances or rejections of the plan.
Any objections to confirmation must be filed and served seven(7)
days before the date set.
About Conch House Builders
Conch House Builders, LLC and its affiliate Conch House Builders
II, LLC, f/d/b/a Conch House Marina Resort, Inc., filed separate
Chapter 11 bankruptcy petitions (Bankr. M.D. Fla. Case Nos.
17-00767 and 17-00768, respectively), on March 8, 2017. The
petitions were signed by David M. Ponce, Jr., manager.
The Debtors are represented by Jason A Burgess, Esq., at the Law
Offices of Jason A Burgess, LLC.
At the time of filing, both Debtors had less than LLC in estimated
assets. Conch House Builders, LLC, had $10 million to $50 million
in estimated liabilities while Conch House Builders II, LLC,
$100,000 to $500,000 in estimated liabilities.
CONIFER VETERINARY: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
No official committee of unsecured creditors has been appointed in
the Chapter 11 case of Conifer Veterinary Hospital Inc. as of Aug.
15, according to a court docket.
About Conifer Veterinary Hospital Inc.
Privately-held Conifer Veterinary Hospital Inc. owns an animal
hospital at 10903 U.S. Highway 285, Conifer, Colo.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Colo. Case No. 17-17810) on August 22, 2017. David
Palmini, president, signed the petition. At the time of the
filing, the Debtor disclosed $1.41 million in assets and $904,805
in liabilities.
Judge Michael E. Romero presides over the case. Buechler & Garber
LLC represents the Debtor as bankruptcy counsel.
DELUXE ENTERTAINMENT: Moody's Reviews Caa2 CFR for Downgrade
------------------------------------------------------------
Moody's Investors Service downgraded Deluxe Entertainment Services
Group, Inc.'s Corporate Family Rating to Caa2 from B3 and
Probability of Default Rating to Caa3-PD from B3-PD to reflect a
high probability of default. In connection with this rating action,
Moody's also downgraded Deluxe's $782 million outstanding senior
secured term loans to Caa2 from B3, assigned a B2 rating to the
recently funded $73 million senior secured priming delayed draw
term loan and withdrew the B3 rating on the $429 million term loan
due February 2022. Moody's also placed all ratings of Deluxe under
review for downgrade.
Following is a summary of the rating actions:
Assignments:
Issuer: Deluxe Entertainment Services Group, Inc.
Senior Secured Priming Delayed Draw Term Loan due 2020,
Assigned B2 (LGD2); Placed Under Review for Downgrade
Downgrades:
Issuer: Deluxe Entertainment Services Group, Inc.
Corporate Family Rating, Downgraded to Caa2 from B3; Placed
Under Review for Further Downgrade
Probability of Default Rating, Downgraded to Caa3-PD from
B3-PD; Placed Under Review for Further Downgrade
Senior Secured Term Loan due February 2020, Downgraded to
Caa2 (LGD3) from B3 (LGD4); Placed Under Review for Further
Downgrade
Senior Secured Add-On Term Loan due February 2020,
Downgraded to Caa2 (LGD3) from B3 (LGD4); Placed Under
Review for Further Downgrade
Withdrawals:
Issuer: Deluxe Entertainment Services Group, Inc.
Senior Secured Term Loan due February 2022, Withdrawn,
previously rated B3 (LGD3)
Outlook Actions:
Issuer: Deluxe Entertainment Services Group, Inc.
Outlook, Changed To Rating Under Review From Stable
RATINGS RATIONALE
The ratings downgrade reflects Deluxe's decision to abandon its
previous plan of spinning off its Creative Services division and
using proceeds from the spin-off's planned equity and debt raise to
repay a sizable amount of the company's term loans and ABL
borrowings, thus reducing financial leverage. The prior proposal
also included amendments to downsize the ABL, tighten certain
covenant provisions and extend debt maturities by two years. Both
the ABL and term loans are current, maturing respectively in
November 2019 and February 2020.
The downgrade also considers Deluxe's increased leverage, which
Moody's estimates will be around 12x (Moody's adjusted) by year end
2019, as a result of new borrowings from a $73 million senior
secured priming term loan and significantly lower-than-expected
EBITDA. It also reflects a weakened liquidity profile since
proceeds from the priming term loan are being used to fund
operations. Although the priming term loan is approximately
one-tenth the size of the existing term loans, it was structured to
have a super-priority first-lien interest on the same collateral
package securing the current term loans (Deluxe's US and UK fixed
assets, plus additional guarantees), effectively subordinating
existing term loan lenders. Both the priming term loan and existing
term loans have a second-lien behind the ABL facility on the
company's US and UK current assets. The priming term loan matures
the earlier of one day prior to its one year anniversary or one day
prior to the maturity of the existing term loans.
Deluxe is currently in the process of restructuring its business
through efficiency enhancements and increased automation by
developing a cloud-based B2B self-service platform called Deluxe
One. However, because certain aspects of the company's
rationalization plan were delayed by about two months, Moody's
believes there are limited prospects for meaningful deleveraging
solely as a result of such cost savings initiatives over the next
12-18 months (barring asset sales, additional cost savings steps or
other deleveraging alternatives). Deleveraging will also be stalled
given that a significant portion of planned cost savings, which
will be implemented by the end 2019, will not be fully realized
until 2020; free cash flow generation will remain negative; and
Deluxe will need to fund ongoing restructuring actions and
higher-than-usual capital expenditures, mainly for the Deluxe One
platform buildout. The quality of EBITDA will remain challenged and
consequently debt protection measures will continue to be
pressured.
The review for downgrade reflects the company's plans to explore
deleveraging alternatives by implementing a balance sheet
restructuring that could incorporate a distressed debt exchange. It
also considers the possibility Deluxe may be unsuccessful in its
restructuring negotiations and could seek bankruptcy protection. In
connection with the takedown of the priming term loan, Deluxe
agreed to meet certain milestones related to a comprehensive
deleveraging transaction that might involve a possible exchange to
be completed by 26 September 2019. The company's advisors,
including Kirkland & Ellis LLP, are in negotiations with an ad hoc
committee of existing term loan lenders and their attorneys to iron
out the terms for a wide-ranging restructuring plan. Moody's
believes there is a high likelihood the existing term loan lenders
will settle on a debt for equity exchange (or similar structure), a
sale of certain assets or a combination of both. If the parties
cannot reach an agreement, the company may be forced to reorganize
under Chapter 11 bankruptcy protection. Deluxe is simultaneously
pursuing discussions with other interested parties related to an
equity raise or sale transaction for a potential spin-off of the
Creative Services unit.
The outcome of the review will depend on the terms of the
restructuring plan, amount of debt to be repaid and/or exchanged,
Moody's expectations for EBITDA improvement over the rating horizon
as a result of rationalization actions currently underway and
prospects for sustained improvement in earnings quality based on
mandates from new soon-to-be-launched OTT streaming platforms.
The Caa2 CFR reflects Deluxe's highly cyclical business profile
derived from its significant customer concentration and exposure to
post-production and advertising budgets of leading traditional film
studios and television networks, which typically exhibit
seasonality or contraction during economic/industry weakness.
Deleveraging has been challenged due to weakening EBITDA and
negative cash flows arising from fewer wide release volumes,
cancellation and/or delays of certain movie projects, lower
localization volumes as a result of a shift in the catalog content
licensing model between media conglomerates and OTT players, lower
distribution volumes from fewer key title releases, secular decline
in consumer demand and pricing for physical media (i.e.,
DVD/Blu-ray sales), advertising spend slowdown at big ad agencies
and mix shift towards lower margin businesses (i.e., Localization
and Visual Effects).
Over the coming year, Moody's expects Deluxe's liquidity to remain
weak, with negative free cash flow and heavy reliance on its ABL
credit facility and unsecured revolving credit/equity lines
provided by the private equity sponsor, MacAndrews & Forbes.
The B2 rating on the priming delayed draw term loan incorporates a
minus one-notch override to the Moody's Loss Given Default
model-indicated outcome of B1 to reflect the high likelihood of
default.
The principal methodology used in these ratings was Business and
Consumer Service Industry published in October 2016.
Headquartered in Burbank, CA and privately-owned, Deluxe
Entertainment Services Group, Inc. is leading global provider of
end-to-end media supply chain solutions with a focus on digital
content creation (post-set production and post-production),
media/distribution (for various file formats and across multiple
platforms) and asset management to motion-picture studios,
television/cable-TV networks, online video providers, advertising
agencies and enterprise customers through its Delivery Solutions
and Creative Services businesses. Deluxe is an indirect
wholly-owned subsidiary of MacAndrews & Forbes Holdings, Inc.
Revenue totaled approximately $853 million for the twelve months
ended 30 June 2019.
E.O.S. RENTALS: Sept. 23 Hearing on Disclosure Statement
--------------------------------------------------------
E.O.S. Rentals LLC filed a Chapter 11 plan and accompanying
disclosure statement proposing that all allowed general unsecured
claims, including claims arising from the rejection of executory
contracts or unexpired leases, or resulting from deficiencies under
secured claims, will have the option to elect to reduce their
claims to $500 to be paid as members of the Administrative
Convenience class.
The assets available to pay creditors are from the Debtor's ongoing
rental operations.
A full-text copy of the Disclosure Statement dated August 9, 2019,
is available at https://tinyurl.com/y6sfllge from PacerMonitor.com
at no charge.
The hearing on the approval of the Disclosure Statement will be
held on Sept. 23, 2019, at 10:30 AM. Last day to oppose disclosure
statement is Sept. 16.
Attorneys for Debtor:
Christopher M. Gatton, Esq.
GIDDENS & GATTON LAW, P.C.
10400 Academy Rd., NE, Suite 350
Albuquerque, NM 87111
Phone: (505) 271-1053
Facsimile: (505) 271-4848
Email: chris@giddenslaw.com
Based in Hobbs, New Mexico, E.O.S. Rentals LLC, an equipment rental
and leasing company, filed a voluntary Chapter 11 Petition (Bankr.
D.N.M. Case No. 17-12024) on August 4, 2017.
The case is assigned to Hon. Robert H. Jacobvitz.
The Debtor's counsel is Christopher M. Gatton, Esq., and George
Dave Giddens, Esq., at Giddens, Gatton & Jacobus, P.C., in
Albuquerque, New Mexico.
At the time of filing, the Debtor had estimated assets of $0 to
$50,000 and estimated liabilities of $1 million to $10 million.
The petition was signed by Gary L. Jones, owner.
ENLINK MIDSTREAM: S&P Affirms 'BB+' ICR; Outlook Stable
-------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' issuer credit rating and
issue-level ratings on EnLink Midstream LLC. The rating outlook is
stable.
"The affirmation follows our review of the classification of
EnLink's preferred security following the release of our revised
hybrid criteria. In our view, issuers will likely find it more
difficult to defer coupon payments in severe credit stress if just
one or two investors hold the hybrid securities," S&P said. As a
result, the rating agency now considers the partnership's Series B
preferred units to have minimal equity content because the security
is held by two investors, TPG Capital and Goldman Sachs. Though the
partnership's credit ratios slightly weaken, S&P still expects
adjusted debt to EBITDA of approximately 4.6x–4.7x.
The stable rating outlook reflects S&P's expectation that EnLink
will maintain adjusted leverage around 4.6x-4.7x over the next 24
months.
"We could consider a negative rating action if adjusted leverage
stayed above 5x. This could occur if commodity prices deteriorated
to a level that resulted in declining volumes. This could also
occur if we consolidated EnLink with its holding company, GIP
Stetson, which could occur if GIP considered taking EnLink
private," S&P said.
"We could consider raising the rating if EnLink maintained adjusted
leverage of 4.5x or better while continuing to increase its scale
and footprint in the Permian Basin and Oklahoma. This could occur
if it issued a modest mix of equity to fund its spending program,"
the rating agency said.
EXPRESSWAY DELIVERIES: $15K Sale of All Assets to RED Approved
--------------------------------------------------------------
Judge Julia W. Brand of the U.S. Bankruptcy Court for the Central
District of California authorized Expressway Deliveries, Inc.'s
sale of all assets to Rapid Expressway Deliveries, Inc. ("RED") for
a cash component of $15,000, and the assumption of liabilities
relating to existing financial and executory contract/lease
obligations with a total value to the Estate of approximately
$2,067,000.
A hearing on the Motion was held on July 11, 2019 at 10:00 a.m.
The Objection by Bank of the West is overruled subject to the terms
set forth in the Order.
No executory contracts or unexpired leases are assumed and assigned
pursuant to this Order but, rather, are ordered assumed pursuant to
a separate order approving the stipulation between the Debtor and
Mercedes-Benz providing for the assumption and assignment of
vehicle leases to the Purchaser entered concurrently with the
Order.
The Agreement is amended to exclude, from the Assets purchased and
the Liabilities assumed, the secured obligation to Bank of the West
and the unsecured obligation to Bank of America. For the sake of
clarity, the only liabilities being assumed by the Purchaser are
the obligations owing to Mercedes Benz for the vehicle leases.
The Assets and the Contracts as defined in the APA will be and are
confirmed sold by the Debtor to RED free and clear of all liens,
interests, encumbrances and claims of right; but subject to (i) the
entry of an Order from the Court allowing the assumption and
assignment of the Mercedes-Benz vehicle leases; and (ii) that all
liens, claims and interests on, in and against the Assets will be
transferred from the Assets and will attach to the proceeds of the
sale.
The cash proceeds of the sale ($15,000 will be deposited into a
segregated account, such as client trust account established by the
Debtor's counsel and not into one of the Debtor's existing DIP
accounts, pending further order of the Court.
With the consent of the parties, that the stay period provided in
FRBP Rule 6004(h) will be and is waived; and the Order will be
effective immediately upon entry such that the closing under the
Agreement may occur immediately.
About Expressway Deliveries
Expressway Deliveries, Inc., is a privately held company in Carson,
California, that operates in the couriers and express delivery
services industry.
Expressway Deliveries sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 18-23791) on Nov. 26,
2018. At the time of the filing, the Debtor disclosed $325,345 in
assets and $1,045,781 in liabilities. The case is assigned to
Judge Julia W. Brand. The Debtor tapped Friedman Law Group, P.C.
as its legal counsel.
FALCON V: Creditors' Committee Objects to Disclosure Statement
--------------------------------------------------------------
The Official Committee of Unsecured Creditors of Falcon V, LLC,
and, collectively with ORX Resources, LLC and Falcon V Holdings,
LLC, objects to the adequacy of the disclosure statement for the
Joint Chapter 11 Plan of Reorganization of Falcon V, L.L.C., and
its debtor affiliates.
The Committee points out that the Plan and Disclosure Statement are
not amended to satisfactorily reflect the preliminary agreement
reached between the parties prior to the Disclosure Statement
Hearing.
The Committee objects to approval of the Disclosure Statement on
the grounds that it does not contain sufficient information.
Counsel for the Creditors' Committee:
Douglas S. Draper, Esq.
William H. Patrick III, Esq.
Cherie Dessauer Nobles, Esq.
HELLER, DRAPER, PATRICK, HORN
& MANTHEY, L.L.C.
650 Poydras Street, Suite 2500
New Orleans, Louisiana 70130
Tel: 504-299-3300
Fax: 504-299-3399
E-mail: wpatrick@hellerdraper.com
E-mail: ddraper@hellerdraper.com
E-mail: cnobles@hellerdraper.com
About Falcon V
Falcon V and ORX Resources are engaged in the oil and gas
extraction business.
Falcon V and ORX Resources have filed voluntary petitions seeking
relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. La.
Case No. 19-10547 and 19-10548) on April 10, 2019. The petitions
were signed by James E. Orth, president and chief executive
officer.
At the time of filing, Falcon V estimated $10 million to $50
million in assets and $50 million to $100 million in liabilities
and ORX Resources estimated $100,000 to $500,000 in assets and $10
million to $50 million in liabilities.
Louis M. Phillips, Esq., at Kelly Hart & Pitre, represents the
Debtor as counsel.
The Office of the U.S. Trustee appointed an official committee of
unsecured creditors on May 21, 2019.
FAUS INTERNATIONAL: Trustee's $485K Sale of All Assets Approved
---------------------------------------------------------------
Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern
District of New York authorized Lori Lapin Jones, the Chapter 11
Trustee of Faus International, Inc., to sell substantially all of
the Debtor's operating assets to Lamia Funti, or a designee, for
$485,000.
The Sale Hearing was held on Aug. 12, 2019.
The offer from the Buyer is to purchase the Debtor's right, title
and interest in and to these Assets: (i) the Sublease dated as of
Nov. 14, 2016 between SF Consultants, LLC, and the Debtor and all
leasehold improvements of the Debtor with respect thereto; (ii) all
inventory (including food inventory), furniture, fixtures, kitchen
equipment, plates and dishes, silverware and all other physical
items used by the Debtor in the operation of its restaurant and
located at the Debtor's premises but not the books, records and
computers; and (iii) good will, trade names, telephone number,
website, internet address and fax number, together with any and all
intellectual property owned by the Debtor and used in the operation
of the Debtor's restaurant business including, but not limited to,
the Debtor's Facebook page, all other social media sites, and all
copyrights, intellectual property rights and content associated
therewith, and any rights that the Debtor had to use and operate
under the name Mykonos Blue within the State of New York.
The Trustee is authorized and empowered to sell the Assets to the
Buyer for the Purchase Price "as is, where is," "with all faults"
and without any representations, covenants, guarantees or
warranties of any kind or nature in accordance with the Competing
Terms and Conditions of Sale executed by the Buyer.
If the Buyer closes on the sale of the Assets, then such Assets
will be sold free and clear of all Liens, with any such Liens to
attach to the proceeds of sale of the Assets to the same extent and
with the same priority as they existed as of the date of the entry
of the Order for Relief, provided, however, that the Trustee is
authorized to pay up to $200,000 to the Landlord for cure costs.
The Trustee is authorized to assume the Sublease and to assign the
Sublease to the Buyer in accordance with section 365(f) of the
Bankruptcy Code and the Competing Terms and Conditions of Sale
executed by the Buyer, and such assignment will be binding on the
Landlord and Fortuna Hotel Chelsea, LLC.
The assignment of the Sublease will vest the Buyer with all right,
title and interest of the Debtor in the Sublease, free and clear of
any and all Liens.
The Trustee is authorized to surrender the Debtor's liquor licenses
to the New York State Liquor Authority and to execute any and all
forms relating thereto.
As set forth at the Hearing, upon receipt by the Trustee of certain
property-damage insurance proceeds, the Trustee will segregate the
sum of $101,770, which funds will not be distributed without
further Order of the Court.
The 14-day stay provided for in Bankruptcy Rules 6004(h) and
6006(d) will not be in effect and, pursuant to Bankruptcy Rule
7062, the Order will be effective and enforceable immediately upon
entry.
About Faus International
Faus International, Inc., owns and operates Mykonos Blue
(http://www.mykonosbluenyc.com/),a Greek restaurant located in
Hotel Hayden, in Chelsea.
Faus Internationaly previously filed a voluntary petition under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
19-11236) on April 22, 2019.
The Company was subject to an involuntary petition under Chapter 11
of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 19-11957) on June
13, 2019.
The case is assigned to Judge Martin Glenn.
Dawn Kirby, Esq., at Kirby Aisner & Curley, LLP; Zachary S. Kaplan,
Esq., at Saccot & Fillas, LLP; and Thomas Torto, Esq., at Law
Office of Thomas Torto serve as counsel to the petitioners.
Lori Lapin Jones, was appointed as Chapter 11 trustee of the estate
of Faus International.
FRANK THEATRES: $60K Sale of Equipment to Paragon Approved
----------------------------------------------------------
Judge Stacey L. Meisel of the U.S. Bankruptcy Court for the
District of New Jersey authorized Frank Theatres Bayonne/South
Cove, LLC's sale of certain furniture, fixtures and equipment to
Paragon Management, LLC for $60,000, nunc pro tunc to June 20,
2019.
A hearing on the Motion was held on Aug. 12, 2019 at 10:00 a.m.
(ET).
The sale is free and clear of liens, claims, and encumbrances.
The Debtors are authorized to abandon any equipment remaining in
the Rock Hill Revolutions location after July 5, 2019.
For the avoidance of doubt, the notice provided by the Debtors of
the Motion is deemed sufficient under the circumstances and, to the
extent applicable, the requirements of Bankruptcy Rule 2002 are
waived.
The requirement set forth in Local Rule 9013-1(a)(3) that any
motion be accompanied by a memorandum of law is deemed satisfied by
the contents of the Motion or is otherwise waived.
The Order will be effective immediately upon entry, notwithstanding
anything to the contrary in the Bankruptcy Rules or Local Rules.
For the avoidance of doubt, the 14-day stay imposed by Bankruptcy
Rule 6004(h) is waived.
About Frank Theatres
Headquartered in Jupiter, Florida, The Frank Entertainment Group,
LLC -- http://www.franktheatres.com/-- has owned, operated,
developed, and managed over 150 entertainment venues including
nickelodeons, motion picture theatres, arcades, restaurants,
nightclubs, bowling centers, game centers, and family entertainment
centers. Frank Entertainment and its units operate pure play movie
theaters, combination movie theater/family entertainment complexes,
and pure play family entertainment complexes in six east coast
states -- New Jersey (including theaters located in Bayonne and Rio
Grande), Florida, North Carolina, South Carolina, Pennsylvania, and
Virginia -- under the brand names Frank Theatres, CineBowl &
Grille, and Revolutions. They employ approximately 694 people.
Frank Entertainment Group is the ultimate parent, and Frank
Management, LLC, is the main operating and management company.
Frank Entertainment Group and 23 affiliates sought Chapter 11
protection on Dec. 19, 2018. The lead case is In re Frank Theatres
Bayonne/South Cove, LLC (Bankr. D.N.J. Lead Case No. 18-34808).
Frank Theatres Bayonne estimated assets of $10 million to $50
million and liabilities of the same range.
The Hon. Stacey L. Meisel is the case judge.
The Debtors tapped Lowenstein Sandler LLP as counsel; Moss Adams
LLP as financial advisor; Paragon Entertainment Holdings, LLC as
consultant; and Prime Clerk LLC as claims and noticing agent.
FUIGO LLC: Case Summary & 12 Unsecured Creditors
------------------------------------------------
Debtor: Fuigo LLC
304 Park Avenue South, 7th Floor
New York, NY 10010
Business Description: Fuigo LLC is a provider of workspace and
business solutions for interior designers.
Fuigo is a technology company providing end-
to-end business software.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Southern District of New York (Manhattan)
Case No.: 19-12662
Debtor's Counsel: Todd E. Duffy, Esq.
DUFFYAMEDEO LLP
275 Seventh Avenue, 7th Floor
New York, NY 10001
Tel: (212) 729-5832
Fax: (212) 208-2437
E-mail: Tduffy@duffyamedeo.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by Maurice Riad, chief executive officer.
A copy of the Debtor's list of 12 unsecured creditors is available
for free at:
http://bankrupt.com/misc/nysb19-12662_creditors.pdf
A full-text copy of the petition is available for free at:
http://bankrupt.com/misc/nysb19-12662.pdf
FURNITURE PRODUCTS: Sept. 16 Hearing on Disclosure Statement
------------------------------------------------------------
The Bankruptcy Court has issued an order conditionally approving
the disclosure statement explaining the Chapter 11 small business
plan of Furniture Products, LLC, d/b/a Curated by Kristin Mullen,
LLC, and scheduled the final disclosure statement hearing and plan
confirmation hearing for Sept. 16, 2019 at 09:00 AM. Last day to
object to confirmation is Sept. 10. Ballots are also due by Sept.
10.
Class 3 - General Unsecured Trade Claims are impaired. The Debtor
and KM Design will use future client receipts from construction
contracts to pay vendors in the ordinary course. KM Designs will
guaranty and pay all other such Allowed Unsecured Trade Claims as
soon as possible after the plan is confirmed, but no later than 180
days after the Effective Date of the Plan.
Class 4 - Other General Unsecured Claims are impaired. The Debtor
will use future revenues to make quarterly payments to creditors
over a period not to exceed five years until paid in full. In
addition to the foregoing, the Debtor may pursue litigation against
the Prices and other parties to general litigation proceeds for
payment to Class 4 Claim holders.
Class 5 - Subordinated Claims are impaired. The Debtor will make
quarterly installments to Subordinated Claim holders until paid in
full on or before the five (5) year anniversary of the Plan
Effective Date.
The primary source of funding for creditors under the Plan will be
a combination of the Debtor's future retail sales -- for Class 4
Other General Unsecured Claims -- and KM Designs' future receipts
-- for Class 3 General Unsecured Trade Creditors. The vast majority
of Class 3 Claims will be paid in the ordinary course using
construction trust funds received under an existing construction
contract. KM Designs has many other ongoing contracts and cash flow
that will be sufficient to pay the additional Class 3 General
Unsecured Trade Creditors with six months of the Plan going
effective.
A full-text copy of the Disclosure Statement dated August 9, 2019,
is available at https://tinyurl.com/y49btklr from PacerMonitor.com
at no charge.
Furniture Products, LLC, filed a voluntary Chapter 11 Petition
(Bankr. N.D. Tex. Case No. 19-32673) on August 9, 2019, and is
represented by Jane Anne Gerber, Esq., and Aaron Michael Kaufman,
Esq., at Dykema Gossett PLLC.
GREAT SMOKY: Sale of Interest in WAC Enterprises Approved
---------------------------------------------------------
Judge Marcia Phillips Parsons of the U.S. Bankruptcy Court for the
Eastern District of Tennessee authorized Great Smoky Mountains
Enterprises, LLC's sale of interest in WAC Enterprises, Inc.,
including but not limited to equipment and inventory, in six
Krystal restaurants.
A hearing on the Motion was held on Aug. 7, 2019.
Citizens Bank, a secured creditor, filed an Objection, but Citizens
Bank and GSME and Trinity SWB Properties, LLC announced their
agreement at the hearing. Based on the agreement among Citizens
Bank, GSME and Trinity, the Motion By Great Smoky Mountains
Enterprises, LLC To Sell Business And Leasehold Interests Free And
Clear of Liens And Interests is granted, except for the leasehold
interests for the five Krystal restaurants which will not be
assumed and assigned to WAC Enterprises, Inc. Instead, Trinity and
WAC Enterprises will enter into a new lease agreement for each of
the five Trinity Stores, as defined in the Motion.
The closing of the sale is contingent upon five separate lease
agreements, each with a 20-year term, between Trinity and WAC
Enterprises for initial monthly rent totaling $35,571. The lien
claims of Citizens Bank, the United States of America on behalf of
the Internal Revenue Service, and the Tennessee Department of
Revenue will attach to the WAC Enterprises.
Note and any other proceeds of the sale in the same priority as the
liens had prior to the filing of the Voluntary Petition on June 5,
2019. Further, the WAC Enterprises Note will be delivered to
Citizens Bank and be held by Citizens Bank until the Bank's claims
are paid in full, or the Bank and GSME reach a different agreement.
For the benefit of WAC Enterprises, Citizens Bank agrees to the
carve-out of $250,000 for the required remodel from Trinity's sale
of the Johnson City, Tennessee restaurant and the carve-out of
$300,000 for the required remodel from the sale of the London,
Kentucky restaurant, each carve-out to occur at the closing of each
sale. The sale prices for the Johnson City, TN and the London, KY
properties must be approved by Citizens Bank.
Citizens Bank and Trinity have agreed:
(1) during the 120-day period beginning Aug. 27, 2019,
Citizens Bank will receive the WAC Enterprises Note monthly payment
plus $8,0000 from the rent payments to Trinity from WAC
Enterprises;
(2) the Trinity payment to Citizens Bank will increase to
$25,000 monthly (consisting of the WAC Enterprises Note monthly
payment plus the remainder from the rent payments to Trinity from
WAC Enterprises) for the next three months after the 120-day
period, if none of the five Trinity properties are sold within the
120-day period; and
(3) if one or more of the Trinity properties is sold within
the 120-day period, the Trinity monthly payment to Citizens Bank
will be proportionally reduced, based on the reduction in rent
income received by Trinity as a result of the sale(s).
GSME may assign the $1 million Note from WAC Enterprises to Trinity
upon payment to the GSME estate of $1.2 million less: (a) the
verified real property taxes on the Trinity Stores owing by GSME to
Trinity, prorated for the period of GSME's possession until the
date WAC Enterprises receives possession, and (b) the principal
amount paid to Citizens Bank on the WAC Enterprises, Inc. Note as
of the date of the assignment of the Note to Trinity. The
remaining lien claims, including but not necessarily limited to the
liens of the Internal Revenue Service and the Tennessee Department
of Revenue, against the WAC Note will attach to the funds paid to
the GSME estate by Trinity.
Pursuant to Federal Rule of Bankruptcy Procedure 6004(h), the
14-day stay period is waived, and GSME may proceed to close the
sale of the business interests to WAC Enterprises.
GSME's attorney will file a Report of Sale including an itemization
of the inventory amount and petty cash for each of the six
restaurants, pursuant to Federal Rule of Bankruptcy Procedure
6004(f).
About Great Smoky Mountains
Headquartered in Knoxville, Tennessee, Great Smoky Mountains
Enterprises operates full-service restaurants.
Great Smoky Mountains Enterprises LLC filed its voluntary Chapter
11 petition (Bankr. E.D. Tenn. Case No. 19-51193) on June 5, 2019.
In the petition signed by Scott Burch, chief manager, the Debtor
estimated $50,000 in assets and $1 million to $10 million in
liabilities. Maurice K. Guinn, Esq. at Gentry, Tipton & McLemore,
P.C., serves as the Debtor's counsel.
HMH MEDIA: Reaches Settlement Reducing Pension Plans' $40M Claim
----------------------------------------------------------------
Becky Yerak, writing for The Wall Street Journal, reported that
pension plans claiming they were owed about $40 million from the
bankruptcy of the Boston Herald have reached a settlement with the
remnants of the newspaper company and with its former publisher.
The settlement is between the Reorganized Debtors and multiemployer
plans, which collectively comprise certain pension plans defined as
"multiemployer plans" in which the Debtors participated as an
"employer" pursuant to the Employee Retirement Income Security Act
("ERISA").
The Multiemployer Plans have asserted claims in these Chapter 11
Cases in the aggregate amount of approximately $40 million.
Under the settlement, with respect to Multiemployer Plan Claims
filed on the basis of a complete withdrawal in these Chapter 11
Cases, 29 U.S.C. Section 1405 will be applied so as to reduce the
assessed liability stated in the Proofs of Claim by 55.25%. With
respect to all other Multiemployer Plan Claims, those claims shall
be allowed to the extent and in the manner provided at Schedule 1
to the Agreement, including allowance of the CWA/ITU Application in
full.
The signatories to the settlement are:
1. the New England Teamsters & Trucking Industry Pension Fund
represented by:
Catherine Campbell, Esq.
Feinberg, Campbell & Zack PC
177 Milk Street, Suite 300
Boston, Massachusetts 02109
Phone: 617-338-1976
Fax: 617-338-7070
2. the CWA/ITU Negotiated Pension Plan
represented by:
Stephanie Wickouski, Esq.
Bryan Cave Leighton Paisner LLP
1290 Avenue of the Americas
New York, NY 10104-3300
Tel: (212) 541-1114
Email: stephanie.wickouski@bclplaw.com
3. The Newspaper Guild International Pension Fund
represented by:
Michael Melick, Esq.
Barr & Camens
The settlement specifically allows the following claims:
* NETTIPF's Claim No. 241 in the amount of $29,049,600 filed on
the basis of Withdrawal is allowed in the amount of $13,000,000
* NETTIPF's Claim No. 135 in the amount of $357.60 (Priority)
$2,023.52 (GUC) filed on the basis of Pre- and Postpetition
Contributions Due is allowed in the amount of $357.60 (Class 4)
$2,023.52 (Class 6)
* CWA/ITU's Claim No. 77 in the amount of $7,626,844 (GUC) filed
on the basis of Withdrawal is allowed in the amount of
$5,210,138.891
* CWA/ITU's Claim No. D.I. 503 in the amount of $48,279.21 filed
on the basis of Substantial Contributions / Postpetition Accruals
is allowed in the amount of $48,279.213
* Newspaper Guild's Claim No. 10049 in the amount of $3,522,297
(GUC) and $58,705 (priority) filed on the basis of Withdrawal is
allowed in the amount of $1,576,227.91
* Newspaper Guild's Claim No. D.I. 353 in the amount of
$75,206.52 filed on the basis of Postpetition Accruals and
Contributions Due is allowed in the amount of $75,206.52
According to the Journal, citing William Baldiga, Esq., a Brown
Rudnick LLP lawyer representing the paper's former owner HMH Media
Inc. and related affiliates, the pension plans' claims, which are
mostly unsecured in the settlement, will likely receive about 6
cents to 10 cents on the dollar of the allowed claims. That means
the Teamsters' claims are likely to receive about $1.3 million at
most under the agreement, the Journal pointed out.
The Journal also noted that the proposed debt-repayment plan also
calls for former Boston Herald publisher Patrick Purcell to waive
various claims, including severance, in exchange for a release, or
a grant of legal immunity.
Mr. Purcell would be entitled to nearly $1 million in severance,
the filing said, the Journal pointed out. But the independent
director has also considered that certain payments to Mr. Purcell
made shortly before the bankruptcy might be recoverable under the
bankruptcy code, the report added.
William Kannel, Esq., a Mintz Levin Cohn Ferris Glovsky & Popeo PC
lawyer representing Mr. Purcell, couldn't be reached for immediate
comment, the Journal noted.
The proposed settlement was filed by Curtis S. Miller, Esq., Tamara
K. Mann, Esq., and Joseph C. Barsalona II, Esq., at Morris,
Nichols, Arsht & Tunnell LLP, in Wilmington, Delaware; and William
R. Baldiga, Esq., Sunni P. Beville, Esq., and Tristan G. Axelrod,
Esq., at Brown Rudnick LLP, in Boston, Massachusetts, on behalf of
the Debtors.
About HMH Media
Headquartered in Boston, Massachusetts, Boston Herald, Inc., Herald
Interactive Inc., Herald Media, Inc. and Herald Media Holdings,
Inc., collectively operate privately owned information and
entertainment businesses consisting of the flagship newspaper, The
Boston Herald, as well as a related website, internet radio
station, and mobile applications.
Herald Media Holdings, Inc., and three affiliates filed for Chapter
11 bankruptcy protection (Bankr. D. Del. Lead Case No. 17-12881) on
Dec. 8, 2017.
Herald Media reported total assets of $6.02 million and total
liabilities of $31 million as of the bankruptcy filing.
The Hon. Laurie Selber Silverstein is the case judge.
Morris, Nichols, Arsht & Tunnell LLP, and Brown Rudnick LLP serve
as the Debtors' counsel. Epiq Bankruptcy Solutions, LLC, is the
claims and noticing agent.
No official committee of unsecured creditors has been appointed in
the Chapter 11 case.
The Debtors sold substantially all of their assets to MNG-BH
Acquisition LLC. The closing of the sale occurred on March 19,
2018. Subsequently, Herald Media Holdings, Inc., changed its name
to HMH Media, Inc.
HUNT CAMP: Sept. 20 Plan Confirmation Hearing Set
-------------------------------------------------
The Bankruptcy Court has issued an order conditionally approving
the Disclosure Statement explaining the Chapter 11 Plan filed by
Hunt Camp, LLC. The hearing to consider confirmation of the Plan
will be held on Sept. 20, 2019 at 10:30 AM. The case judge is Hon.
Helen E. Burris. The last day to oppose the disclosure statement
is Sept. 13. The last day to Object to confirmation is Sept. 13.
The last day to file ballots is Sept. 13.
About Hunt Camp
Hunt Camp, LLC sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D.S.C. Case No. 19-00727) on Feb. 5, 2019. At the
time of the filing, the Debtor estimated assets of less than
$500,000 and liabilities of less than $50,000. The case is
assigned to Judge Helen E. Burris. The Debtor tapped Robert H.
Cooper, Esq., as its bankruptcy attorney.
No official committee of unsecured creditors has been appointed in
the Chapter 11 case.
IEA ENERGY: Moody's Reviews Caa2 CFR for Upgrade on Ares Deal
-------------------------------------------------------------
Moody's Investors Service placed the ratings of IEA Energy
Services, LLC under review for upgrade, including the Caa2
Corporate Family Rating, Caa2-PD Probability of Default Rating, and
the Caa2 ratings on the company's senior secured first lien credit
facilities. This follows IEA's announcement of a number of
potential equity transactions that Moody's expects to meaningfully
improve liquidity and leverage.
On August 14, 2019, IEA announced that it had entered into an
equity commitment agreement to sell another $50 million of Series B
Preferred Equity to funds managed by Ares Management Corporation.
Funding of this equity commitment is expected within the next
twelve days. Furthermore, the company entered into a non-binding
indicative term sheet with Ares and another unidentified third
party to sell an additional $110 million of Series B Preferred,
repay outstanding Series A Preferred, and to acquire the
outstanding common stock of the company (not held by Oaktree and
certain other insiders) for $5.12 per share in what would be a
take-private transaction.
RATINGS RATIONALE
The review for upgrade acknowledges that if these transactions were
to be completed successfully, Moody's expects that the company
would raise approximately $150 million of net proceeds from the
issuance of the Series B Preferred which would be used to repay
close to 50% of the first lien term loan. This repayment is
expected to satisfy the company's hefty first lien term loan
amortization requirements for a number of years. As such, Moody's
believe the net impact could be a savings of approximately $45
million annually, consisting of $15 million of interest and $30
million of amortization savings. This would significantly lower the
company's senior leverage while improving free cash flow after debt
service. Moody's believes that the company's Corporate Family
Rating could potentially be upgraded by two notches into the low
single-B range if the transaction were to close as contemplated.
Nevertheless, Moody's placed the company's ratings under review as
both transactions (particularly the non-binding $110 million
preferred raise) still remain subject to change. Moody's review
will focus on the company's final go forward capital structure, its
resulting liquidity position, and financial policies under its new
ownership structure. The review will also consider the
uncertainties surrounding 2019 project execution, the inherent
revenue volatility owing to its dependence on tax credits, the
company's dominant market position in the wind farm construction
industry and its backlog.
Moody's took the following rating actions:
On Review for Upgrade:
Issuer: IEA Energy Services, LLC
Probability of Default Rating, Placed on Review for Upgrade,
currently Caa2-PD
Corporate Family Rating, Placed on Review for Upgrade, currently
Caa2
Senior Secured 1st Lien Term Loan, Placed on Review for Upgrade,
currently Caa2
Senior Secured 1st Lien Revolving Credit Facility, Placed on Review
for Upgrade, currently Caa2
Outlook Actions:
Issuer: IEA Energy Services, LLC
Outlook, Changed To Rating Under Review From Stable
The principal methodology used in these ratings was Construction
Industry published in March 2017.
Headquartered in Indianapolis, Indiana, IEA Energy Services, LLC is
an engineering, procurement and construction company that primarily
serves the wind farm construction, transportation and rail end
markets. IEA is a subsidiary of Infrastructure & Energy
Alternatives, Inc. (NASDAQ: IEA), which is majority-owned by
Oaktree Capital Management on a fully-diluted basis. Pro forma
revenue as of March 31, 2019 would have been approximately $1.27
billion.
IMR SECURITY: Case Summary & 8 Unsecured Creditors
--------------------------------------------------
Debtor: IMR Security & Investigation Services, LLC
PO Box 3381
Arecibo, PR 00613-3381
Business Description: IMR Security & Investigation Services
is a privately held company in
Puerto Rico that offers security and
investigation services.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
District of Puerto Rico (Old San Juan)
Case No.: 19-04668
Judge: Hon. Enrique S. Lamoutte Inclan
Debtor's Counsel: Nilda M. Gonzalez Cordero, Esq.
GONZALEZ CORDERO LAW OFFICES
PO Box 3389
Guaynabo, PR 00970
Tel: 787-721-3437
E-mail: ngonzalezc@ngclawpr.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Israel Martinez Rodriguez, president.
A full-text copy of the petition containing, among other items, a
list of the Debtor's eight unsecured creditors is available for
free at:
http://bankrupt.com/misc/prb19-04668.pdf
J.E.L. SITE DEVELOPMENT: Case Summary & 20 Top Unsecured Creditors
------------------------------------------------------------------
Debtor: J.E.L. Site Development, Inc.
7090 Astro Street
Winter Park, FL 32792
Business Description: J.E.L. Site Development Inc. --
http://www.jelsite.com/-- is a family-owned
construction company in Winter Park,
Florida. The Company also provides in house
digitized estimates, earthwork, demolition,
fire protection, asphalt paving, clearing
and grubbing, grading, building pads, base
work, pond excavation, portable water
systems, sanitary sewer systems, storm
sewer systems, and silt fence
installation/erosion control services.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Middle District of Florida (Orlando)
Case No.: 19-05398
Debtor's Counsel: Jeffrey Ainsworth, Esq.
BRANSONLAW, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: (407) 894-6834
Fax: (407) 894-8559
E-mail: jeff@bransonlaw.com
- and -
Robert B. Branson, Esq.
BRANSONLAW, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: (407) 894-6834
Fax: (407) 894-8559
E-mail: robert@bransonlaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by James E. Lucas, authorized agent.
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:
http://bankrupt.com/misc/flmb19-05398.pdf
JEFE PLOVER: $175K Sale of LP Interest in Southlake Approved
------------------------------------------------------------
Judge Stacey G. C. Jernigan of the U.S. Bankruptcy Court for the
Northern District of Texas authorized Jefe Plover Interests, Ltd.'s
sale of l its 5.547% Class A limited partnership interest in
Southlake Texas Medical Building I, L.P. to Dallas Moondog Texas,
LLC and/or its assigns for $175,000.
The sale is free and clear of any and all liens, claims, and
encumbrances, if any, to be determined by the Court at a later date
and to attach to the proceeds of the sale.
The Purchase Price will be paid by the Buyer within 24 hours of the
entry of the Order. If the Buyer does not pay the Purchase Price
as required by the Order, the Debtor is authorized to accept and
close on any backup offer as provided in the Motion, with the
back-up offeree to be substituted as the Buyer under the Order.
The Buyer, as an assignee of the Debtor, remains subject to the
terms and conditions of the partnership agreement of Southlake
Medical Office Building I, L.P., including any provisions relating
to the admission of the Buyer as a partner.
About Jefe Plover Interests
Jefe Plover Interests, Ltd., based in Dallas, Texas, is engaged in
activities related to real estate. Jefe Plover is affiliated with
Forest Park Medical Center at Southlake and Forest Park Medical
Center, LLC.
Jefe Plover Interests filed a Chapter 11 petition (Bankr. N.D. Tex.
Case No. 18-32722) on Aug. 15, 2018. The petition was signed by
Jeffrey H. Mims, Chapter 7 Trustee for the Bankruptcy Estate of
Wade Neal Barker, Case No. 18-32014-sgj7. The Hon. Stacey G.
Jernigan presides over the case.
Charles Brackett Hendricks, Esq., at Cavazos Hendricks Poirot,
P.C., is the Debtor's counsel.
JP ADVANCED: Addresses Concerns on Secured Creditors' Treatment
---------------------------------------------------------------
The Bankruptcy Court, on Aug. 6, 2019, held a hearing on the
approval of the Disclosure Statement explaining the Chapter 11 plan
filed by JP Advanced Solutions, LLC. The Court reviewed the
concerns regarding the secured creditors classification in the plan
and disclosure statement. The Debtor's counsel addressed the
Court's concerns and agreed they should reclassify the secured
creditors as suggested.
The Court also noted unsecured creditors are receiving no interest
on their claim.
Discussion ensues regarding the unsecured creditors and if
interest is paid or not paid.
The Debtor's counsel agreed with the Court's assessment of the
disclosure statement's language and will amend the statement.
Accordingly, the Debtor filed an amended Chapter 11 Plan and
accompanying disclosure statement disclosing the following
treatment of claims:
* Class 2 - Secured Claim - Mercedes Benz Financial Services.
This claim encompasses vehicle financings for multiple vehicles.
This Class is Unimpaired, with payment in full, overtime with
interest pursuant to existing agreements. The agreements provide
for different interest rates and terms.
* Class 3 - Secured Claim - TrueWest Credit Union. This class
is Unimpaired, with payment in full, overtime with interest
pursuant to existing agreement. The agreement provides for an
interest rate of 4.25%.
* Class 4 - Secured Claim - MidFirstImpaired, will receive
payment pursuant to the
Claim Treatment Stipulation as ordered by this Court on May 8,
2019.
* Class 5 - General Unsecured Claims are Impaired and will
receive payment based on prorata payment of the liquidation value
of the Debtor's assets. Additionally, such creditors will receive
interest, such that, they will be paid in the full face amount of
their allowed claims through payments over 72 months.
The Court set up a back up hearing on Aug. 22, 2019 at 11:00 a.m.
A red-lined version of the Amended Disclosure Statement dated Aug.
13, 2019, is available at https://tinyurl.com/y2367bp3 from
PacerMonitor.com at no charge.
About JP Advanced Solutions
JP Advanced Solutions, LLC, in the business of remodeling high-end
properties, sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Ariz. Case No. 18-09028) on July 29, 2018. In the
petition signed by Jerzy Poprawa, president, the Debtor estimated
assets of less than $500,000 and liabilities of less than $1
million. The Debtor tapped Jonathan Philip Ibsen, Esq., at
Canterbury Law Group, LLP, as its legal counsel. No official
committee of unsecured creditors has been appointed in the Chapter
11 case.
KLC SAN DIEGO: Oct. 7, 2019 Plan Confirmation Hearing Set
---------------------------------------------------------
On Oct. 7, 2019, at 2:00 p.m., there will be a hearing regarding
the motion of KLC San Diego Enterprises, Inc., for the approval of
the Debtor's plan of reorganization.
Any opposition or other response to the motion must be filed with
the Court not later than 28 days from the date of service. In
order to be counted, ballots must be received not later than Sept.
16, 2019.
A full-text copy of the Disclosure Statement dated Aug. 16, 2019,
is available at https://tinyurl.com/y6q9to4n from PacerMonitor.com
at no charge.
About KLC San Diego Enterprises
KLC San Diego Enterprises, Inc., filed its Articles of
Incorporation in California on May 18, 2000, according to public
records filed with the California Secretary of State. It operates
in the offices of real estate agents and brokers industry.
KLC San Diego Enterprises sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Cal. Case No. 18-07336) on Dec. 11,
2018. At the time of the filing, the Debtor estimated assets of
less than $500,000 and liabilities of $1 million to $10 million.
The case is assigned to Judge Christopher B. Latham. Curry
Advisors is the Debtor's counsel.
LIGHTHOUSE PACIFIC: Chapter 15 Case Summary
-------------------------------------------
Chapter 15 Debtor: Lighthouse Pacific Limited
Mallard Lodge
Landsdowne Village, Sandymount
Dublin 4, D04A4C4
Republic of Ireland
Chapter 15 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Southern District of New York (Manhattan)
Chapter 15 Case No.: 19-12641
Judge: Hon. Mary Kay Vyskocil
Foreign
Representative: Michael McAteer
GRANT THORNTON
13-18 City Quay
Dublin 2, D02 ED70
Republic of Ireland
Foreign
Representative's
Counsel: Kenneth R. Puhala
SCHNADER HARRISON SEGAL & LEWIS LLP
140 Broadway, Suite 3100
New York, NY 10005
Tel: (212) 973-8140
Fax: (212) 972-8798
E-mail: kpuhala@schnader.com
Estimated Assets: Unknown
Estimated Debts: Unknown
A full-text copy of the petition is available for free at:
http://bankrupt.com/misc/nysb19-12641.pdf
LIGHTHOUSE PACIFIC: Indah Kiat's Irish Successor Files Chapter 15
-----------------------------------------------------------------
Lighthouse Pacific Limited, an entity formed for purposes of
assuming the debts of PT Indah Kiat Pulp and Paper TBC, and
thereafter being placed in liquidation, filed a Chapter 15 petition
in New York to seek recognition of Lighthouse's scheme proceedings
in Ireland.
PT Indah Kiat Pulp & Paper Tbk ("Indah Kiat") is a limited
liability company incorporated in the Republic of Indonesia and
listed on the Jakarta Stock Exchange. It is a major pulp and paper
producer and is one of the key operating subsidiaries in the Asia
Pulp and Paper group of companies (the "APP Group").
In 2001, the APP Group declared a global debt standstill with
respect to $13.7 billion of outstanding indebtedness, citing the
combined effect of the Asian economic crisis and the global decline
in pulp and paper prices. This was at the time -- and remains --
the largest distressed situation encountered in Asia.
Over $600 Million of Indah Kiat Debt
The Indonesian operating entities within the APP Group (including
Indah Kiat) owed in excess of $6 billion to various international
and local creditors at that time. These entities implemented an
out-of-court consensual restructuring of most of these debts
through voluntary exchange and/or tender offers. However, no such
exchange or tender offer was initiated at that time with respect to
certain debt guaranteed by Indah Kiat in light of creditor recovery
actions that had been commenced by certain bondholders located in
the United States.
The relevant debt guaranteed by Indah Kiat at that time, which was
excluded from the consensual exchange and tender offers, included:
(a) US$200 million 11.875% guaranteed secured notes due 2002
issued by Indah Kiat International Finance Company B.V. ("IKBV")
guaranteed by Indah Kiat (the "2002 IK Notes"); and
(b) US$150 million 12.5% guaranteed secured notes due 2006
issued by IKBV guaranteed by Indah Kiat (the "2006 IK Notes",
together with the 2002 IK Notes, the "IK Notes").
In 2004, US Bank, as indenture trustee under the IK Notes,
commenced an action against, amongst others, IKBV and Indah Kiat in
the Supreme Court of New York (the "US Bank Litigation") seeking to
recover amounts due under the IK Notes. On March 10, 2005, a
judgment in the amount of $315 million was entered against IKBV and
Indah Kiat.
Indah Kiat is also a primary obligor in respect of these debts
and/or claims:
(a) Term Loan Facility entered into by Indah Kiat and IKBV with
amongst others, Deutsche Bank and guaranteed by Indah Kiat, amongst
others, with an outstanding principal amount of $12,809,841;
(b) Bilateral Facilities entered into by Indah Kiat with CSFB
(Europe) with outstanding principal amount of $26,589,828;
(c) Term Loan Facility entered into by IKBV with amongst others,
Deutsche Bank, guaranteed by Indah Kiat, with outstanding principal
amount of $15 million;
(d) Claims by NEXI with outstanding principal amount of
$13,995,758;
(e) Claims by Mitsubishi Corporation with outstanding principal
amount of $3,615,830;
(f) Trade Claims by Itochu Corporation with outstanding
principal amount of $1,527,452;
(g) Trade Claims by Mitsui & Co., Ltd. with outstanding
principal amount of $409,121;
(h) Claims by NN Chemical Corporation with outstanding principal
amount of $360,330;
(i) Promissory notes issued by Indah Kiat and assigned to Bank
One with outstanding principal amount of $19,924,220;
(j) 10% Guaranteed Senior Notes due 2007 (the "IKM Notes")
issued by Indah Kiat Finance Mauritius Limited ("IKM") and
guaranteed by Indah Kiat, in original principal amount of $600
million with outstanding principal amount of $58,214,000; and
(k) 15% Guaranteed Senior Notes due 2002 issued by IKM and
guaranteed by, inter alia, Indah Kiat in original principal amount
of $110 million, (collectively, "Other IK Debt", and together with
the IK Notes, the "Indah Kiat Scheme Debt").
The Irish Scheme of Arrangement
At the time of the APP Group's global standstill and restructuring
efforts, defaults also occurred under and in respect of the Other
IK Debt. While there were successful efforts undertaken in
restructuring certain liabilities of Indah Kiat on a wholly
voluntary (out-of-court) basis through various exchange and/or
tender offers, Indah Kiat determined that it was and is in its best
interests of its stakeholders to achieve a holistic, full and final
settlement of the remaining defaulted liabilities of Indah Kiat
(represented by the Indah Kiat Scheme Debt). The aggregate
principal amount of the Indah Kiat Scheme Debt was $612,446,380.
Ireland was selected as the jurisdiction for this purpose because
Irish law contemplates restructurings through schemes of
arrangement in a manner similar to English law and Ireland has a
robust legal system that is viewed to be transparent and protective
of creditor rights. Since Ireland was not considering any form of
departure from the European Union (as was the case in England),
Ireland was perceived as a more stable jurisdiction in Europe for
the purpose of implementing a restructuring of the Indah Kiat
Scheme Debt.
In order to ensure: (a) no event of default was triggered under the
existing financial arrangements to which Indah Kiat and the other
members of the APP Group were party; and (b) that Indah Kiat and
the other members of the APP Group could continue operating as
going concerns, the legal entity designated to implement the
restructuring of the Indah Kiat Scheme Debt could not be a
subsidiary of Indah Kiat and/or the APP Group.
Accordingly, Lighthouse was incorporated in Ireland on Jan. 19,
2018, for the purposes of acceding to and implementing the
restructuring of the Indah Kiat Scheme Debt.
Lighthouse's sole registered shareholder is Accelero Group Limited
having its registered office at Vanterpool Plaza, 2nd Floor,
Wickhams Cay 1, Road Town Tortola, British Virgin Islands. The
ultimate beneficial owner of Accelero Group Limited is the
controller of the APP Group.
Prior to the commencement of Lighthouse's voluntary liquidation,
its directors were:(a) Bill Leahy of Rosscara, Reddanswalk,
Tipperary Town, County Tipperary, Ireland; and (b) Gitary Virgia
Marsella of JL.Ebony Golf V No.31, A BGM PIK, Jakarta, Indonesia.
On Dec. 11, 2018, Lighthouse initiated the Irish Proceeding by
appointing Michael McAteer as its Liquidator by resolution of its
sole shareholder pursuant to Section 586 of the Irish Companies Act
2014. Later the same day, Mr. McAteer's appointment as
Lighthouse's Liquidator was confirmed by the creditors at a meeting
of the creditors held pursuant to Section 587 of the Act.
The Liquidator proposed the Scheme to restructure the Indah Kiat
Scheme Debt. The Scheme was approved at a creditors' meeting on
Jan. 21, 2019. A total of 85.71% of the creditors representing
93.97% of the total debt attended the meeting (either in person or
by proxy) and the Scheme was unanimously accepted by all creditors
present. The Scheme became effective on Feb. 14, 2019.
On May 17, 2019, the settlement date under the Scheme occurred and
the Scheme consideration (in the form of new debt or cash) was
distributed to all of the creditors in accordance with their
elections. The recoveries of creditors under the approved Scheme
are far greater than they would be in liquidation.
While the resolution and creditors' meeting procedure was
sufficient as a matter of Irish law, the Liquidator made
application to the Master of the High Court of Ireland seeking
confirmation of the liquidation and Mr. McAteer's appointment as
Liquidator, so that the Scheme would be recognized throughout the
European Union pursuant to its regulations. The confirmation order
was entered on April 11, 2019.
The Foreign Representative has filed a Chapter 15 bankruptcy case
to obtain recognition of the Irish Proceeding as a foreign main
proceeding and enforcement of the Scheme in the United States.
About Lighthouse Pacific
PT Indah Kiat Pulp & Paper Tbk ("Indah Kiat") is a limited
liability company incorporated in the Republic of Indonesia and
listed on the Jakarta Stock Exchange. It is a major pulp and paper
producer and is one of the key operating subsidiaries in the Asia
Pulp and Paper group of companies (the "APP Group").
In 2001, the APP Group declared a global debt standstill with
respect to $13.7 billion of outstanding indebtedness, citing the
combined effect of the Asian economic crisis and the global decline
in pulp and paper prices.
Accordingly, Lighthouse Pacific Limited was incorporated in Ireland
on Jan. 19, 2018, for the purposes of acceding to and implementing
the restructuring of at least $600 million of debt. The liquidator
proposed a scheme of arrangement to restructure the Indah Kiat
Scheme Debt.
Lighthouse Pacific Limited filed a Chapter 15 petition (Bankr.
S.D.N.Y. Case No. 19-12641) on Aug. 16, 2019, to seek U.S.
recognition of the Irish proceedings. The Hon. Mary Kay Vyskocil
is the U.S. judge. The liquidator, Michael McAteer of GRANT
THORNTON, signed the petition. Kenneth R. Puhala, of SCHNADER
HARRISON SEGAL & LEWIS LLP, is counsel in the U.S. case.
LOGIX INTERMEDIATE: S&P Alters Outlook to Neg., Affirms 'B' ICR
---------------------------------------------------------------
S&P Global Ratings revised its outlook on U.S.-based fiber
infrastructure provider Logix Intermediate Holding Corp.'s (Logix)
to negative from stable and affirmed all of its ratings on the
company, including its 'B' issuer credit rating.
The outlook revision reflects Logix's weaker-than-expected
operating and financial performance in the first quarter of 2019,
which caused its leverage (including restructuring and transaction
expenses) to increase to about 5.7x as of March 31, 2019. Mid-teen
percent revenue declines for the company's legacy technology SONET
contributed to its weaker-than-expected results, which it only
partly offset with modest growth in its on-net enterprise revenue.
These factors caused Logix's cash flow to be lower than S&P's
assumed in its previous base-case forecast. Although S&P believes
that the company's EBITDA will improve in 2019 as the transaction
and restructuring costs associated with its acquisition of Alpheus
wind down and it expands its on-net enterprise revenue by migrating
off-net customers to its network, Logix's leverage could remain
high if management is unable to successfully execute its plan. In
addition, S&P is revising its leverage downgrade threshold to 6.0x
from 6.5x for the current rating. The downward revision reflects
Logix's modestly weaker position relative to those of its other
small fiber infrastructure peers, which face fewer headwinds from
legacy technology.
The negative outlook on Logix reflects the company's limited
cushion for operational missteps over the next year because its
leverage is approaching S&P's 6.0x downgrade threshold.
"We could lower our rating on Logix if its earnings growth does not
improve over the next year such that its leverage rises above 6x or
if the company continues to generate negative free operating cash
flow (FOCF). This would most likely occur due to continued revenue
declines from its legacy products and off-net services. We could
also lower our rating if the company undertook a significant
debt-financed acquisition that increased its leverage above 6.0x on
a sustained basis," S&P said.
"We could revise our outlook on Logix to stable if the company
successfully executes its plan to expand its earnings in 2019 such
that its leverage declines below 5.5x by the end of the year and we
expect further improvements thereafter," S&P said.
MARK CARLESIMO: $800K Sale of Buying Bronxville Property Approved
-----------------------------------------------------------------
Judge Christopher M. Alston of the U.S. Bankruptcy Court for the
Southern District of New York authorized Mark T. Carlesimo's sale
of the real property located at 4 White Plains Road, Bronxville,
New York to Athanasios and Georgia Bouklis for $800,000, subject to
overbid.
A hearing on the Motion was held on Aug. 8, 2019.
The sale is free and clear of all liens, claims, interests, and
encumbrances therein and thereon of whatever kind or nature except
as expressly assumed by the Buyer under the Contract.
The Lender may place a credit bid to purchase the Property;
provided, and on the conditions that such Credit Bid be submitted
to counsel for the Debtor by 5:00 p.m. (ET) on Aug. 19, 2019. If
the Lender timely submits a Credit Bid, the Buyer under the
Contract may submit a higher bid and an open auction between the
Buyer and the Lender will be held on Aug. 22, 2019 at the Office,
to be conducted by the counsel for the Debtor pursuant to
reasonable bid procedures to be announced at the start of the
auction.
In the event that an auction is held, the counsel for the Debtor
will file a report of the auction with the Court by Aug. 29, 2019.
If the Lender does not timely submit a Credit Bid, the sale of the
Property to the Buyer may proceed on the terms set forth in the
Contract and the Debtor is authorized to sell the Property free and
clear of all Liens and Claims pursuant to the terms of the
Contract, with all Liens and Claims to attach to the sale
proceeds.
At the closing of the sale under the Contract or subject to the
Credit Bid, the Debtor is authorized to pay (and, in the event of a
Credit Bid, the Lender will pay) all reasonable, ordinary and
customary closing costs from the sale proceeds, including
reasonable and customary professional fees directly related to the
sale, transfer taxes and reasonable title charges.
At the closing of the sale under the Contract, the Debtor is also
authorized and directed to pay, to the extent of available
proceeds, any undisputed debt secured by a valid, perfected and
enforceable lien on the Property, in the order of priority of such
liens, and if any amount or asserted lien is disputed in good
faith, the Debtor will cause such disputed amount of the sale
proceeds to be held in escrow subject to further order of the Court
or resolution by the parties (and such escrow will be deemed
payment for purposes of title insurance).
Within 10 days after the closing of the proposed sale, the counsel
for the Debtor will file a closing statement with the Court and
serve a copy on the Office of the United States Trustee.
The 14-day stay of the Order under Fed. R. Bankr. P. 6004(h) is
waived, for cause, and the Order is effective immediately upon its
entry.
Mark T. Carlesimo sought Chapter 11 protection (Bankr. S.D. N.Y.
Case No. 16-22776). On May 31, 2017, the Court appointed Re/Max
Distinguished Homes & Properties as the Debtor's broker.
MCDERMOTT TECHNOLOGY: Moody's Cuts CFR to B2, Outlook Negative
--------------------------------------------------------------
Moody's Investors Service downgraded McDermott Technology
(Americas), Inc.'s corporate family rating to B2 from B1, its
probability of default rating to B2-PD from B1-PD, its senior
secured credit facilities rating to B1 from Ba3, and its senior
unsecured notes rating to Caa1 from B3. At the same time, Moody's
downgraded McDermott's speculative grade liquidity rating to SGL-3
from SGL-2. The rating outlook is negative.
"The downgrade of McDermott's ratings reflects the increase in
costs to complete a number of projects and the lower than expected
proceeds from asset sales. The weaker operating performance will
lead to higher cash outflows and along with the lower asset sale
proceeds will result in higher debt levels, weaker credit metrics
and tighter near-term liquidity than previously expected. The
downgrade also reflects the risk of further cost overruns
considering the recent poor project forecasting by McDermott after
its combination with CB&I" said Michael Corelli, Moody's Vice
President -- Senior Credit Officer and lead analyst for McDermott
Technology (Americas), Inc.
Downgrades:
Issuer: McDermott Technology (Americas), Inc.
Probability of Default Rating, Downgraded to B2-PD from B1-PD
Speculative Grade Liquidity Rating, Downgraded to SGL-3 from SGL-2
Corporate Family Rating, Downgraded to B2 from B1
Gtd. Senior Secured 1st Lien Term Loan B, Downgraded to B1 (LGD3)
from Ba3 (LGD3)
Gtd. Senior Secured 1st Lien Revolving Credit Facility, Downgraded
to B1 (LGD3) from Ba3 (LGD3)
Senior Unsecured Regular Bond/Debenture, Downgraded to Caa1 (LGD5)
from B3 (LGD5)
Outlook Actions:
Issuer: McDermott Technology (Americas), Inc.
Outlook, Changed To Negative From Stable
RATINGS RATIONALE
McDermott's B2 rating reflects its large scale, broad geographic,
end market and customer diversity, and strong technical
capabilities. However, the rating is constrained by the company's
high exposure to fixed price contracts on large and technically
complex projects, and the recent performance issues on legacy CB&I
contracts which have led to substantial cost overruns and negative
cash flows. These issues indicate some weakness in corporate
governance with regards to financial strategy and risk management.
McDermott's rating also considers the risk that further unexpected
issues will arise considering the ongoing charges on fixed price
contracts in the E&C sector. These risks are somewhat tempered by
McDermott's successful track record of bidding and executing on
fixed price contracts, strengthening customer relationships and
rightsizing its fixed costs prior to its combination with CB&I.
McDermott recently revised its 2019 earnings guidance materially
lower to reflect changes to project schedules, modifications of
performance assumptions and a shift in the timing of incentives on
the Cameron LNG project. As a result, the company expects to
produce about $9.5 billion in revenues, $725 million in adjusted
EBITDA and a cash outflow of around $640 million versus its prior
guidance of $10.0 billion in revenues, adjusted EBITDA of $1.1
billion and a cash outflow of $470 million. If McDermott achieves
its revised guidance, then its adjusted leverage ratio
(debt/EBITDA) will be about 5.5x and its interest coverage ratio
(EBITA/Interest Expense) around 1.4x. These metrics would be
supportive of the B2 rating. However, it is highly uncertain as to
whether the company can achieve this level of profitability
considering its recent inability to accurately forecast cost
overruns on certain projects.
McDermott's operating performance and cash flows could
substantially improve as legacy projects wind down in 2020 since it
is pursuing similar initiatives to those that led to a major
turnaround in the past and its backlog and order pipeline remain
robust. The company has reduced costs, improved efficiencies and is
focusing on the fundamental building blocks that led to its
successful transformation when its operating performance improved
substantially a few years ago. These disciplines could result in a
more favorable risk profile as it benefits from relatively healthy
oil prices, low natural gas prices and slowing, but still healthy
global economic activity. This has enabled the company to book $14
billion of new orders in the first half of 2019 and raise its
backlog to $20.5 billion, and its bid pipeline remains robust.
McDermott has a speculative grade liquidity rating of SGL-3 since
it is expected to maintain an adequate liquidity profile. It had
$455 million of unrestricted cash and $568 million of revolver
availability as of June 30, 2019. Moody's anticipates the company
will end 2019 with liquidity around the same level reported in June
2019. However, it will likely trough at a lower level in September
2019 and provides only a moderate buffer against potential
additional cost overruns as the company awaits positive cash flows
in 2020. The company's liquidity could be bolstered by the sale of
its industrial storage tank business if net proceeds are less than
$500 million since it is required to use proceeds in excess of $500
million to pay down debt.
The negative outlook reflects the risk the company does not meet
its revised earnings guidance considering the consistent cost
overruns experienced since the combination with CB&I and the recent
issues on fixed price contracts in the E&C sector. If the company
can produce annualized adjusted EBITDA in the range of $800 million
- $900 million over the next 12 to 18 months and generate free cash
flow, then its outlook could be changed to stable.
The ratings are not likely to experience upward pressure in the
short term considering the uncertainties around achieving a
materially improved operating performance. However, an upgrade is
possible if the company maintains a leverage ratio below 5.0x, an
interest coverage ratio above 2.0x and consistently generates free
cash flow.
Downward rating pressure could develop if weaker than expected
operating results and cash flow result in the leverage ratio being
sustained above 6.0x or the interest coverage ratio below 1.5x. A
moderate reduction in liquidity could also result in a downgrade.
McDermott Technology (Americas), Inc., is an operating subsidiary
of McDermott International, Inc., which is a fully-integrated
provider of engineering, procurement, construction, installation
and technology solutions to the energy industry. Its technologies
and solutions are utilized for offshore, subsea, power, liquefied
natural gas and downstream energy projects around the world. Its
customers include national, major integrated and other oil and gas
companies as well as producers of petrochemicals and electric
power. It operates in most major energy producing regions
throughout the world and executes its projects principally under
fixed-price contracts. The company expects to generate about $9.5
billion in revenues in 2019 and has a backlog of $20.5 billion,
with 39% in North, Central and South America, 32% in the Middle
East and North Africa, 20% in Europe, Africa, Russia and the
Caspian region, 6% in the Asia Pacific region, and 3% related to
its Technology segment.
The principal methodology used in these ratings was Construction
Industry published in March 2017.
MO/JAS CONSTRUCTION: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------------
Debtor: MO/JAS Construction, Inc.
2408 Learned Avenue
Stockton, CA 95205
Business Description: Mo/Jas Construction Inc. is a general
contractor in Stockton, California.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Eastern District of California (Sacramento)
Case No.: 19-25173
Judge: Hon. Fredrick E. Clement
Debtor's Counsel: T. Mark O'Toole, Esq.
11 S. San Joaquin St #501
Stockton, CA 95202
Tel: 209-462-4983
E-mail: Mrk.Otoole@live.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $100 million to $500 million
The petition was signed by Jasmin Williams, chief executive
officer.
The Debtor stated it has no unsecured creditors.
A full-text copy of the petition is available for free at:
http://bankrupt.com/misc/caeb19-25173.pdf
NORTHERN BOULEVARD: Trustee's $955K Sale of All Assets Approved
---------------------------------------------------------------
Judge Nancy Hershey Lord of the U.S. Bankruptcy Court for the
Eastern District of New York authorized Richard McCord, the Chapter
11 trustee for Northern Boulevard Automall, LLC, to sell
substantially all assets to Respect Auto Queens II, LLC, as
assignee of HG Respect Bronx Holding Corp., for $955,000, in
accordance with the Asset Purchase Agreement dated July 31, 2019.
The sale is free and clear of any and all Liens, with such Liens to
attach to the net proceeds of sale.
In the event that the Successful Bidder fails to close on the sale
of the Assets in accordance with the provisions of the Order, the
Sale Procedures Order, and the APA, then the Trustee is entitled to
retain Successful Bidder's deposit.
The 14-day stay provided for in Bankruptcy Rules 6004(h) will not
be in effect and, pursuant to Bankruptcy Rule 7062, the Order will
be effective and enforceable immediately upon entry.
Upon the closing on the APA, the Trustee will hold the proceeds
from that sale subject to further order of the Court.
The Trustee is authorized to return the down payment of Adam Cohen
in the amount of $80,000.
About Northern Boulevard Automall
Northern Boulevard Automall, LLC, which conducts business under the
name Long Island City Volkswagen, is a dealer of new and used
Volkswagen vehicles in Woodside, New York. It also offers
Volkswagen service parts, accessories, and provides repair
services.
Northern Boulevard Automall sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 19-41348) on March 7,
2019. At the time of the filing, the Debtor disclosed $5,851,178
in assets and $9,008,267 in liabilities. The case is assigned to
Judge Nancy Hershey Lord.
Spence Law Office, P.C. represented the Debtor as legal counsel.
Richard J. McCord was appointed Chapter 11 trustee for the Debtor
on April 11, 2019. Certilman Balin Adler & Hyman, LLP represents
the trustee as legal counsel.
NORTHWEST TERRITORIAL: Trustee's $115 Sale of Assets to Ranger OK'd
-------------------------------------------------------------------
Judge Christopher M. Alston of the U.S. Bankruptcy Court for the
Western District of Washington authorized Mark Calvert, the Chapter
11 Trustee for Northwest Territorial Mint, LLC, to sell the
Debtor's coin and medallion inventory of what is known as the
"Company Store" to Ranger Industries, LLC for $115,000.
The Sale Hearing was held on Aug. 9, 2019.
The Asset Purchase Agreement, and all of the terms and conditions
thereof, is approved.
The sale is free and clear of all interests, including liens,
claims, and encumbrances, with all such interests to attach to the
net proceeds of the sale.
The Order will be effective immediately upon entry, and any stay of
orders provided for in Bankruptcy Rules 6004(h), 6006(d), 7062 and
any other provision of the Bankruptcy Code or Bankruptcy Rules will
not apply, is expressly lifted and the Order is immediately
effective and enforceable.
Notwithstanding anything to the contrary contained in the Order,
nothing in the Order will be construed to give the Trustee the
power to convey any interest in or authorize the Buyer to infringe
on or use the copyrights or other intellectual property of third
parties. To the extent that Buyer takes custody of or otherwise
acquires control over any property (including Coining Dies,
galvanos, bas-relief sculpts, electronically stored images,
diagrams or manifestations of copyrighted material, or sample
strikes of coins or medals that have not been authorized to be
used, sold, displayed or circulated) that is subject to copyright,
Buyer will not be relieved or excused from any liability or claims
arising after the sale for copyright infringement or other
applicable causes of action.
The Buyer will have no greater right in or to copyrights or other
intellectual property that is owned by parties other than the
Debtor to the extent those copyrights or intellectual property
protections are manifested in property transferred to the Buyer.
All copyrights and intellectual property will be held in trust by
Buyer for the benefit of the copyright or intellectual property
owner and the Buyer will maintain the copyrighted or intellectual
property safely and securely in order to avoid copies, replicas,
derivative works, unauthorized striking or the transfer of any such
property to an entity outside of the United States.
A copy of the APA attached to the Order is available for free at:
http://bankrupt.com/misc/Northwest_Territorial_2100_Order.pdf
About Northwest Territorial
Northwest Territorial Mint LLC sought protection under Chapter 11
of the Bankruptcy Code (Bankr. W.D. Wash. Case No. 16-11767) on
April 1, 2016. The petition was signed by Ross B. Hansen, member.
The Debtor estimated both assets and liabilities in the range of
$10 million to $50 million.
The case is assigned to Judge Christopher M. Alston.
The Debtor was represented by J. Todd Tracy, Esq., at The Tracy Law
Group PLLC.
The official committee of unsecured creditors, formed on April 15,
2016, retained Miller Nash Graham & Dunn LLP as its bankruptcy
counsel, and Lorraine Barrick LLC as financial advisor.
On April 11, 2016, Mark Calvert was appointed as Chapter 11 trustee
for the Debtor. Upon his appointment, the Trustee took control
over the business operations of the Debtor and initiated his
investigation of the financial affairs of the bankruptcy estate.
K&L GATES LLP is counsel to the Trustee.
JAMES G. MURPHY INC. is auctioneer for the Trustee.
OMNICHOICE HEALTH: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------
The U.S. Trustee, until further notice, will not appoint an
official committee of unsecured creditors in the Chapter 11 case of
OmniChoice Health Services, LLC, according to court dockets.
About OmniChoice Health Services
OmniChoice Health Services LLC --
https://www.paramounturgentcare.com/ -- provides urgent care
medical services throughout Central Florida, with seven locations.
The medical centers treat a variety of injuries including cuts,
simple fractures, eye injuries, sprains and strains. The company's
medical centers also treat many types of symptoms including rashes,
sore throats, flu, fever, upper respiratory infections, urinary
tract infections and digestive ailments.
OmniChoice Health Services sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-04225) on June
27, 2019. At the time of the filing, the Debtor disclosed $177,815
in assets and $1,148,946 in liabilities.
The case is assigned to Judge Cynthia C. Jackson. Buddy D. Ford,
P.A. is the Debtor's bankruptcy counsel.
PETE GOULD: $45K Sale of 2007 Kenworth Road Tractor Approved
------------------------------------------------------------
Judge Frank W. Volk of the U.S. Bankruptcy Court for the Southern
District of West Virginia authorized Pete Gould & Sons, Inc.'s sale
of its 2007 Kenworth Road Tractor, VIN 1XKWDBOXO7J205687, to Scott
Allan Williams for $45,000.
The Debtor is authorized to execute any and all documents to
complete the sale.
The Order is a final Order which is in effect and enforceable upon
entry.
About Pete Gould & Sons
Founded in 1966, Pete Gould & Sons, Inc., provides general
contracting services such as constructing water and sewer mains.
Pete Gould & Sons, based in Ravenswood, WV, filed a Chapter 11
petition (Bankr. N.D. W.Va. Case No. 18-20047) on Feb. 5, 2018. In
the petition signed by Bryan Gould, its member, the Debtor
estimated $1 million to $10 million in both assets and liabilities.
The Hon. Frank W. Volk oversees the case. Joseph W. Caldwell,
Esq., at Caldwell & Riffee, serves as bankruptcy counsel to the
Debtor.
PG&E CORP: Bankruptcy Court Denies Bids to Terminate Exclusivity
----------------------------------------------------------------
Peg Brickley, writing for The Wall Street Journal, reported that
PG&E Corp. scored a crucial win, when the judge overseeing its
massive bankruptcy allowed it to hold on to sole rights to fashion
a chapter 11 exit plan.
Judge Dennis Montali of the U.S. Bankruptcy Court for the Northern
District of California denied the motions separately filed by the
Ad Hoc Committee of Senior Unsecured Noteholders and the Ad Hoc
Group of Subrogation Claim Holders to terminate the periods by
which PG&E and its debtor affiliates have exclusive right to file
and solicit acceptances of a Chapter 11 plan.
The Motions seek to terminate the first extension periods before
they end on September 26, 2019 if no plan is filed by Debtors.
Judge Montali, in denying the motions, was persuaded by the
statutory presumption in favor of debtors' exclusivity (at least
for a time), coupled with the prospective timetable now laid out in
the Debtors' Supplement Statement.
The judge noted that the two competing plans reflected in the
Motions and the outline of theirs by the Debtors all involve what
looms on the horizon as a complicated process to estimate the
enormous amount of money that must be dedicated to the compensation
of the fire victims and their insurers as a matter of fairness,
compliance with the Bankruptcy Code's order of priorities, and the
mandate of recent California legislation, AB 1054.
"Competing plans are tempting, and no doubt produce a feast for
lawyers, accountants, investment bankers and others, not to mention
the intellectual challenges to the court. But the inescapable fact
is that the fire victims and their insurers should not need to wait
for conclusion of expensive, lengthy and uncertain disputes that
only indirectly concern them," the judge said.
Bankruptcy issues such as the absolute priority rule, cramdown of
equity, super priorities and impairment are all exciting challenges
for bankruptcy practitioners but they have little or nothing to do
with compensating victims of enormous and unimaginable tragedies,
Judge Montali pointed out. "If there were no victims to attend to,
then perhaps the battles that would be fought would be the
bankruptcy equivalent of a proxy fight or a hostile takeover. That
outcome, however, is of no benefit to the victims and is
antithetical to the court's and other parties' repeated stated goal
of compensating the victims," the judge held.
The Journal pointed out that in a separate decision, Judge Montali
ruled that the company must face a jury in California in a trial
that will test whether it is liable for damage from the Tubbs fire,
one of the largest and most lethal of the blazes that swept the
state in 2017 and 2018, and sent PG&E to bankruptcy.
California fire investigators concluded PG&E equipment didn't spark
the Tubbs fire, but lawyers for insurers and fire victims say they
can prove otherwise, the Journal said. PG&E fought demands for a
jury trial outside bankruptcy court, but lost, the Journal pointed
out.
A full-text copy of Judge Montali's Memorandum Decision dated Aug.
16, 2019, is available at https://tinyurl.com/yyj6u9db from
PrimeClerk.com at no charge.
About PG&E Corp
PG&E Corporation (NYSE: PCG) -- http://www.pgecorp.com/-- is a
Fortune 200 energy-based holding company, headquartered in San
Francisco. It is the parent company of Pacific Gas and Electric
Company, an energy company that serves 16 million Californians
across a 70,000-square-mile service area in Northern and Central
California.
As of Sept. 30, 2018, the Debtors, on a consolidated basis, had
reported $71.4 billion in assets on a book value basis and $51.7
billion in liabilities on a book value basis.
PG&E Corp. and Pacific Gas employ approximately 24,000 regular
employees, approximately 20 of whom are employed by PG&E Corp. Of
Pacific Gas' regular employees, approximately 15,000 are covered by
collective bargaining agreements with local chapters of three labor
unions: (i) the International Brotherhood of Electrical Workers;
(ii) the Engineers and Scientists of California; and (iii) the
Service Employees International Union.
On Jan. 29, 2019, PG&E Corp. and its primary operating subsidiary,
Pacific Gas and Electric Company, filed voluntary Chapter 11
petitions (Bankr. N.D. Cal. Lead Case No. 19-30088).
PG&E Corporation and its regulated utility subsidiary, Pacific Gas
and Electric Company, said they are facing extraordinary challenges
relating to a series of catastrophic wildfires that occurred in
Northern California in 2017 and 2018. The utility said it faces an
estimated $30 billion in potential liability damages from
California's deadliest wildfires of 2017 and 2018.
Weil, Gotshal & Manges LLP and Cravath, Swaine & Moore LLP are
serving as PG&E's legal counsel, Lazard is serving as its
investment banker and AlixPartners, LLP is serving as the
restructuring advisor to PG&E. Prime Clerk LLC is the claims and
noticing agent.
In order to help support the Company through the reorganization
process, PG&E has appointed James A. Mesterharm, a managing
director at AlixPartners, LLP, and an authorized representative of
AP Services, LLC, to serve as Chief Restructuring Officer. In
addition, PG&E appointed John Boken also a Managing Director at
AlixPartners and an authorized representative of APS, to serve as
Deputy Chief Restructuring Officer. Mr. Mesterharm, Mr. Boken and
their colleagues at AlixPartners will continue to assist PG&E with
the reorganization process and related activities.
The Office of the U.S. Trustee appointed an official committee of
unsecured creditors on Feb. 12, 2019. The creditors' committee
retained Milbank LLP as counsel; FTI Consulting, Inc., as financial
advisor; Centerview Partners LLC as investment banker; and Epiq
Corporate Restructuring, LLC as claims and noticing agent.
On Feb. 15, 2019, the U.S. trustee appointed an official committee
of tort claimants. The tort claimants' committee is represented by
Baker & Hostetler LLP.
PHILLY DUE: Sept. 30 Plan Confirmation Hearing Set
--------------------------------------------------
The Bankruptcy Court has issued an order approving voting
materials, voting procedures and notice, and the disclosure
statement explaining Philly Due, Inc.'s Chapter 11 Plan. The
hearing on confirmation of the Debtor's Plan of Reorganization will
be held on September 30, 2019 at 11:00 a.m.
Sept. 16 is the last date by which ballots must be received in
order to be considered as acceptances or rejections of the Plan.
Sept. 23 is fixed as the date on or before which any written
objection to confirmation of the Plan is required to have been
filed with the Court.
The automatic stay imposed pursuant to Section 362(d) of the
Bankruptcy Code is terminated in full with respect to Bryn Mawr
Trust Company. Subsequently, BMT filed a foreclosure complaint.
The Debtor will continue to make monthly payments on the account of
its direct loans in the amount of $7,000 per month.
A full-text copy of the Amended Disclosure Statement is available
at https://tinyurl.com/y3gq4dtu from PacerMonitor.com at no
charge.
About Bux Due and affiliates
Bux Due, Philly Due and Mountain Due are three separate melting pot
restaurants where guests can enjoy several fondue cooking styles
and a variety of unique entrees, salads, and desserts. LV Gaucho
is a steakhouse restaurant located in Allentown, Pennsylvania.
Mountain Due, Inc., d/b/a The Melting Pot Warrington and its
affiliates, Bux Due, Inc., LV Gaucho, Inc., and Philly Due, Inc.,
sought Chapter 11 protection (Bankr. E.D. Pa. Lead Case No.
18-14420) on July 2, 2018. The cases are jointly administered. In
the petitions signed by Charles LaRosa, their president, each
Debtor estimated assets of less than $500,000 and liabilities of $1
million to $5 million. Judge Richard E. Fehling oversees the case.
The Debtors tapped Ciardi Ciardi & Astin as their legal counsel.
PRESIDIO LLC: S&P Places 'B+' ICR on Watch Neg. on Pending Buy-out
------------------------------------------------------------------
S&P Global Ratings placed its 'B+' long-term issuer credit rating
on Presidio LLC, a New York-based IT solutions provider, on
CreditWatch with negative implications.
The CreditWatch negative placement follows the company's decision
to be acquired by private equity company BC Partners Advisors LP
for $2.1 billion in cash. S&P believes that Presidio's financial
policy is likely to become significantly more aggressive after the
transaction closes, and that the company's credit measures will
weaken considerably.
"The CreditWatch placement reflects the high likelihood of a
downgrade if the transaction closes, given our belief that credit
measures would weaken considerably under the financial sponsor's
ownership. We had expected that Presidio's adjusted leverage would
remain at less than 4x, but now think that it could increase
significantly after transaction close. We also believe that the
company's financial policies are likely to become more aggressive
under financial sponsor ownership," S&P said.
"The CreditWatch placement reflects the high likelihood that we
could lower the issuer credit rating at transaction close, or when
more details about the pro forma capital structure for the company
are announced. We intend to resolve the CreditWatch after we
receive final details of the company's capital structure, business
strategy, and financial policies under the new ownership," S&P
said.
PROGISTIC CARRIERS: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Progistic Carriers, L.L.C.
P.O. Box 5417
McAllen, TX 78502
Business Description: Progistic Carriers is a privately held
company in the general freight trucking
business.
Chapter 11 Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Southern District of Texas (McAllen)
Case No.: 19-70327
Judge: Hon. Eduardo V Rodriguez
Debtor's Counsel: Jana Smith Whitworth, Esq.
JS WHITWORTH LAW FIRM, PLLC
P.O. Box 2831
McAllen, TX 78502
Tel: 956-371-1933
Fax: 956-265-1753
E-mail: jana@jswhitworthlaw.com
Total Assets: $3,322,681
Total Liabilities: $7,302,264
The petition was signed by Benjamin Cavazos, member.
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:
http://bankrupt.com/misc/txsb19-70327.pdf
QCA HEALTH: A.M. Best Lowers Financial Strength Rating to B(Fair)
-----------------------------------------------------------------
AM Best has removed from under review with positive implications
and downgraded the Financial Strength Rating to B (Fair) from B+
(Good) and the Long-Term Issuer Credit Rating to "bb" from "bbb-"
of QCA Health Plan, Inc. (Little Rock, AR). The outlook assigned to
these Credit Ratings (ratings) is negative. Concurrently, AM Best
has withdrawn the ratings of QCA Health Plan, Inc. at the company's
request to no longer participate in AM Best's interactive rating
process.
The ratings reflect QCA Health Plan's balance sheet strength, which
AM Best categorizes as adequate, as well as its marginal operating
performance, limited business profile and appropriate enterprise
risk management.
The rating downgrades reflect the projected decline in
risk-adjusted capitalization following the $30 million dividends
paid by QCA Health Plan, Inc. upon the closing of its acquisition
by Centene Corporation (Centene) during the second quarter of 2019.
While Centene has sufficient financial flexibility to support QCA
Health Plan, Inc. if needed, AM Best has not received any
information regarding Centene's future plans for QCA Health Plan,
Inc. The negative outlooks are due to AM Best's concern that the
current capital level at QCA Health Plan, Inc. may be insufficient
to support the company's business and investment risks.
R-BOC REPRESENTATIVES: Sept. 17 Combined Plan, Disclosures Hearing
------------------------------------------------------------------
The Court will convene a combined hearing to consider the adequacy
of the disclosure statement and confirmation of the Chapter 11 plan
filed by R-BOC Representatives, Inc., on Sept. 17, 2019 at 10:30
a.m.
The Debtor has filed a Chapter 11 plan and accompanying disclosure
statement in May, but was directed by the Court to file an amended
plan and disclosure statement by Aug. 15. No plan nor disclosure
statement was filed by Aug. 15, according to court dockets.
All votes to accept or reject the Plan must be made on a
pre-approved ballot and must be served on the Debtor's counsel no
later than Sept. 10.
Objections to confirmation of the Plan and adequacy of the
Disclosure Statement must be filed on or before Sept. 10.
About R-BOC Representatives
R-BOC Representatives, Inc., is an Illinois corporation with its
principal place of business in Saint Charles, Illinois.
Established in June 2003, R-BOC Representatives manufactures
plastic, reverse-threaded couplers, micro-couplers, and
Push-2-Connect couplers for the telecommunications market serving
the Ohio, Michigan, Indiana, Illinois, Wisconsin, Iowa, and
Minnesota areas.
R-BOC Representatives, Inc., based in Saint Charles, IL, filed a
Chapter 11 petition (Bankr. N.D. Ill. Case No. 17-28555) on Sept.
25, 2017. In the petition signed by Carolyn Lundeen, president,
the Debtor estimated $500,000 to $1 million in assets and $10
million to $50 million in liabilities. The Hon. Deborah L. Thorne
oversees the case. Richard G. Larsen, Esq., at Springer Brown,
LLC, serves as bankruptcy counsel.
REATA REAL ESTATE: IP Realty Objects to Disclosure Statement
------------------------------------------------------------
IP Realty Holdings, LLC, objects to the disclosure statement
explaining the Chapter 11 Plan filed by REATA Real Estate
Investments, LLC, because the Disclosure Statement does not contain
sufficient, accurate information for an impaired creditor to make
an informed decision as to whether to vote for or against the Plan
of the Debtor.
IP Realty is the holder of a perfected security interest in real
property and improvements described as 1,591 Acres (5
non-contiguous tracts) located at 4589 Ocean Highway East, Bolivia,
North Carolina.
Specifically, IP Realty complains that the Disclosure Statement
does not contain any meaningful financial information, evaluations
and projections with regard to the Debtor's projected future
outlook. The Debtor fails to provide sufficient financial
information regarding operating costs, anticipated revenue, and
other information necessary to determine whether the Debtor's
monthly cash flow will be sufficient to allow funds necessary to
fund the Debtor's Plan. The Debtor has not included a pro forma
providing financial information regarding future income to make
required Plan payments.
IP Realty Holdings is represented by:
James Oliver Carter, Esq.
CARTER & CARTER, P.A.
408 Market Street
Wilmington, NC 28401
Tel: (910) 763- 3626
Email: joc@carterandcarterlaw.com
-- and --
E. Franklin Childress, Jr., Esq.
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC
165 Madison Avenue, Suite 2000
Memphis, Tennessee 38103
Telephone: (901)577-2147
Email: fchildress@bakerdonelson.com
About REATA Real Estate
Based in Holden Beach, North Carolina, REATA Real Estate
Investments, LLC, p/d/b/a Southeastern Timberlands Co., LLC, a
privately held real estate company and an affiliate of Bate Land &
Timber, LLC, which sought bankruptcy protection on July 26, 2013
(Bankr. E.D.N.C. Case No. 13-04665), filed a voluntary Chapter 11
petition (Bankr. E.D.N.C. Case No. 18-00588) on Feb. 7, 2018.
At the time of filing, the Debtor estimated assets and liabilities
of $1 million to $10 million.
The case is assigned to Hon. Stephani W. Humrickhouse.
The Debtor's counsel is George M. Oliver, Esq., in New Bern, North
Carolina.
SCOTT INDUSTRIES: Junior, WCG Seeks Confirmation Order Compliance
-----------------------------------------------------------------
Michael Scott, Jr., on behalf of himself individually and
interested party Warrior Capital Group, LLC, filed a motion asking
the Bankruptcy Court to compel Scott Industries, Inc., to comply
with the order confirming its Combined Plan of Liquidation and
Disclosure Statement.
The Plan and the Order Confirming Debtor's Combined Plan of
Liquidation and Disclosure Statement ("OCP") provide for the
liquidation of the assets of the Debtor under certain terms and
conditions. Pursuant to the OCP, WCG has provided a cash bid for
all of the assets of the Debtor, which exceeds the auction value of
the assets. WCG, by way of an Asset Purchase Agreement, has
offered to purchase all of the assets of the Liquidating Debtor for
$705,000.
Counsel for Junior and the WCG has emailed counsel for the
Liquidating Debtor, Independent Bank, the U.S. Trustee, and Michael
Scott, Sr., informing them of the WCG Offer and seeking their
consent to the entry of an order approving the WCG Offer. Junior
said the Bank, the U.S. Trustee, the Liquidating Debtor, Senior,
Junior, and the WCG all approve the acceptance of the WCG offer but
the Liquidating Debtor and Senior have not provided their consent
to the Proposed Order approving the WCG Offer in accordance with
paragraph 18(c) of the OCP.
Schaefer and Weiner, PLLC, objects to the entry of the Proposed
Order for reasons relating to the distribution of the proceeds.
Schaefer and Weiner has also filed a motion seeking to withdraw as
counsel for the Liquidating Debtor.
Junior asserts that the WCG Offer complies with the OCP and is far
and away the highest and best offer that has been submitted for the
Liquidating Debtor's assets.
As such, in lieu of a fully stipulated private sale, any objection
of Schaefer and Weiner to the entry of the Proposed Order should be
denied, and the Liquidating Debtor should be compelled to sell its
assets by way of the acceptance of the WCG Offer and Junior should
be authorized to execute any and all documentation to effectuate
the Purchase Agreement and the transaction contemplated therein,
Junior asserts.
Attorney for Michael T. Scott, Jr. and WCG:
Matthew P. Taunt, Esq.
THE TAUNT LAW FIRM
700 E. Maple, 2nd Floor
Birmingham, MI 48009-6359
Tel: (248) 644-7800
Email: mtaunt@tauntlaw.com
About Scott Industries
Scott Industries, Inc., began operations in 1965 and provides
materials handling services to the automotive industry.
Scott Industries, Inc., sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. E.D. Mich. Case No. 18-55381) on Nov. 13,
2018. At the time of the filing, the Debtor estimated assets and
liabilities of $1 million to $10 million. The case is assigned to
Judge Phillip J. Shefferly. The Debtor tapped Schafer and Weiner,
PLLC as its legal counsel.
SEAGRAPE ENTERPRISES: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------------
The U.S. Trustee, until further notice, will not appoint an
official committee of unsecured creditors in the Chapter 11 case of
Seagrape Enterprises Apalachicola, Inc., according to court
dockets.
About Seagrape Enterprises Apalachicola
Seagrape Enterprises Apalachicola, Inc. operates short-term lodging
facilities, including hotels and motels.
Seagrape Enterprises Apalachicola sought protection under Chapter
11 of the Bankruptcy Code (Bankr. N.D. Fla. Case No. 19-40358) on
July 12, 2019. At the time of the filing, the Debtor disclosed
assets of between $1 million and $10 million and liabilities of the
same range.
The case has been assigned to Judge Karen K. Specie. Bruner
Wright, P.A. is the Debtor's bankruptcy counsel.
SEARS FARM: Seeks to Amend Confirmed Plan to Make Loan Payments
---------------------------------------------------------------
Sears Farm, LLC, asks permission from the Bankruptcy Court to amend
its confirmed Chapter 11 Plan to provide that the Debtor will make
the regular loan payments from third party obligors to Pinnacle
Bank as provided under Paragraph 10.2 of the Confirmed Plan.
The Debtor believes that, with the proposed amendments, the Plan
will continue to comply with the requirements of Sections 1122 and
1123 of the Bankruptcy Code.
The Confirmed Plan is not yet substantially consummated, the Debtor
said.
About Sears Farm
Based in Cary, North Carolina, Sears Farm, LLC, which owns various
land parcels having a total appraised value of $11.05 million filed
a Chapter 11 petition (Bankr. E.D.N.C. Case No. 18-00986) on March
1, 2018. Hon. Stephani W. Humrickhouse is assigned to the case.
The Debtor's counsel is William P. Janvier, Esq., and Kathleen
O'Malley, Esq., at Janvier Law Firm, PLLC, in Raleigh, North
Carolina. The Debtor's special counsel are Perry R. Safran, Esq.,
and Eric R. Spence, Esq.
At the time of filing, the Debtor had total assets is $21.76
million and total liabilities is $7.75 million.
The petition was signed by William W. Sears, member/manager.
SERVICEMASTER GLOBAL: S&P Alters Outlook to Pos., Affirms BB- ICR
-----------------------------------------------------------------
S&P Global Ratings revised its outlook on Memphis, Tenn.-based
ServiceMaster Global Holdings Inc. and subsidiary ServiceMaster Co.
LLC to positive from stable. At the same time, S&P affirmed all of
its ratings on ServiceMaster, including ts 'BB-' issuer credit
rating.
"The outlook revision to positive from stable reflects our view
that ServiceMaster is on its path to generating sustainable organic
growth, and that its diversification into the commercial segment is
bearing fruit. We believe its high investment will normalize in
2020, and margin should stabilize in the next 12 months with
adjusted leverage maintained around 3x," S&P said.
The positive outlook reflects the potential for a higher rating
over the next 12 months if ServiceMaster continues to generate good
top-line growth with improving EBITDA margins as it absorbs the AHS
dis-synergies and invests more in the business such that adjusted
leverage is sustained around 3x in 2020.
"We could raise our ratings if organic growth continues to be
positive, with improving customer retention rates and expansion in
its commercial segments. We also expect margins to improve in 2020
as better retention rates are accretive to margins and would offset
additional investments needed for sustained growth. We would also
expect ServiceMaster to commit to its financial policy and maintain
adjusted leverage in the 3x area without excess shareholder returns
or large debt-funded acquisitions," S&P said.
"We could revise our outlook to stable if top-line growth slows or
declines, potentially leading to higher investment in the business
to stay competitive. This could occur if EBITDA declines 20% and
adjusted leverage approaches 4x. We estimate that its outstanding
debt would need to increase by approximately $350 million at
current EBITDA for this to occur," the rating agency said.
SINTX TECHNOLOGIES: Reports $3.1 Million Net Loss for 2nd Quarter
-----------------------------------------------------------------
SINTX Technologies, Inc., filed with the Securities and Exchange
Commission its quarterly report on Form 10-Q reporting a net loss
attributable to common stockholders of $3.08 million on $167,000 of
product revenue for the three months ended June 30, 2019, compared
to a net loss attributable to common stockholders of $9.64 million
on $0 of product revenue for the three months ended June 30, 2018.
For the six months ended June 30, 2019, the Company reported a net
loss attributable to common stockholders of $4.71 million on
$264,000 of product revenue compared to a net loss attributable to
common stockholders of $13.04 million on $0 of product revenue for
the same period during the prior year.
As of June 30, 2019, the Company had $11.27 million in total
assets, $4.83 million in total liabilities, and $6.44 million in
total stockholders' equity.
GAAP basic net loss from continuing operations for the three months
ended June 30, 2019, was $0.78 per share, compared to a basic net
loss from continuing operations of $11.19 per share for the three
months ended June 30, 2018. For the six months ended June 30,
2019, the Company reported GAAP basic net loss from continuing
operations of $2.84 per share, compared to a basic net loss from
continuing operations of $36.66 per share for the six months ended
June 30, 2018. The Company's cash and cash equivalents were $3.2
million as of June 30, 2019, a decrease of $2.2 million from Dec.
31, 2018.
The Company also reported that as of July 31, 2019, there were
1,943,879 shares of common stock outstanding and 499 shares of
Series B Convertible Preferred Stock outstanding. Assuming
conversion of all shares of Series B Convertible Preferred Stock
into common shares, the total number of shares of common stock
outstanding would be 2,561,312 shares.
Nasdaq Listing Compliance
On Aug. 14, 2019, the Company received notification from Nasdaq
that it has regained compliance with Listing Rule 5550(a)(2), the
minimum bid price requirement, as a result of its common stock's
closing bid price having been at or above the minimum requirement
of $1.00 per share for a minimum of twelve consecutive trading days
and the matter is now closed. Shares of the Company will continue
to trade on the Nasdaq Capital Market under the ticker symbol
"SINT."
Comments From Dr. Bal
"The transformation of SINTX from a retail spine business into an
advanced ceramics company continues at an impressive pace," said
Dr. Sonny Bal, president & CEO of SINTX. "In the 2nd quarter, we
hired Don Bray as Vice President of Business Development to pursue
opportunities outside of medical device, we exhibited at multiple
trade shows, published additional scientific papers, and met with a
sizable number of significant partners in both the biomedical and
non-biomedical markets. In addition, we vastly improved our
capitalization structure and renewed our lease for a five year term
at a significant cost reduction. CTL-Amedica remains our number one
partner as demonstrated by the increase in sales to CTL in the 2nd
quarter. Our factory is very busy with orders and we fully expect
3rd quarter revenue to exceed 2nd quarter. The future for SINTX
Technologies is a very bright one."
A full-text copy of the Form 10-Q is available for free at:
https://is.gd/VPglBb
About SINTX Technologies
SINTX Technologies -- https://ir.sintx.com/ -- is an OEM ceramics
company that develops and commercializes silicon nitride for
medical and non-medical applications. The core strength of SINTX
Technologies is the manufacturing, research, and development of
silicon nitride ceramics for external partners. The Company
presently manufactures silicon nitride spinal implants in its ISO
13485 certified manufacturing facility for CTL-Amedica, the
exclusive retail channel for silicon nitride spinal implants.
The Company reported a net loss attributable to common stockholders
of $22.55 million for the year ended Dec. 31, 2018, compared to a
net loss attributable to common stockholders of $9.32 million for
the year ended Dec. 31, 2017. As of March 31, 2019, the Company
had $10.25 million in total assets, $3.48 million in total
liabilities, and $6.77 million in total stockholder's equity.
Tanner LLC, in Salt Lake City, Utah, the Company's auditor since
2017, issued a "going concern" qualification in its report dated
March 8, 2019, on the Company's consolidated financial statements
for the year ended Dec. 31, 2018, citing that the Company has
recurring losses from operations and negative operating cash flows
and needs to obtain additional financing to finance its operations.
These issues raise substantial doubt about the Company's ability
to continue as a going concern.
SPRINT INDUSTRIAL: Moody's Withdraws Ca CFR for Business Reasons
----------------------------------------------------------------
Moody's Investors Service withdrew its ratings for Sprint
Industrial Holdings, LLC, including the company's Ca Corporate
Family Rating and Ca-PD Probability of Default Rating.
The following ratings and outlook for Sprint Industrial Holdings,
LLC were withdrawn:
Corporate Family Rating, previously Ca
Probability of Default Rating, previously Ca-PD
Senior secured second lien term loan due 2019,
previously C (LGD5)
Outlook, previously Negative
RATINGS RATIONALE
Moody's has decided to withdraw the ratings for its own business
reasons.
Sprint Industrial Holdings, LLC, headquartered in Texas, is a
rental provider of liquid and solid storage tanks primarily for the
refinery, energy and industrial end markets along the US Gulf
Coast. The company also offers technical safety equipment products
and services and equipment transportation services.
SUMMERWELL VENTURE: Chapter 15 Case Summary
-------------------------------------------
Chapter 15 Debtor: Summerwell Venture Limited
Mallard Lodge
Landsdowne Village, Sandymount
Dublin 4, D04A4C4
Republic of Ireland
Chapter 15
Petition Date: August 16, 2019
Court: United States Bankruptcy Court
Southern District of New York (Manhattan)
Chapter 15 Case No.: 19-12642
Judge: Hon. Mary Kay Vyskocil
Foreign
Representative: Michael McAteer
GRANT THORNTON
13-18 City Quay
Dublin 2, D02 ED70
Republic of Ireland
Foreign
Representative's
Counsel: Kenneth R. Puhala, Esq.
SCHNADER HARRISON SEGAL & LEWIS LLP
140 Broadway, Suite 3100
New York, NY 10005
Tel: (212) 973-8140
(212) 973-8000
Fax: (212) 972-8798
E-mail: kpuhala@schnader.com
Estimated Assets: Unknown
Estimated Debts: Unknown
A full-text copy of the Chapter 15 petition is available for free
at:
http://bankrupt.com/misc/nysb19-12642.pdf
SUMMERWELL VENTURE: Lontar's Irish Successor Files Chapter 15
-------------------------------------------------------------
Summerwell Venture Limited, an entity formed to assume the debts of
Indonesia's PT Lontar Papyrus & Paper Industry, filed a Chapter 15
petition in New York to seek U.S. recognition of restructuring
proceedings in Ireland.
PT Lontar Papyrus & Paper Industry is a limited liability company
incorporated in the Republic of Indonesia. It is a major pulp and
paper producer and is one of the key operating subsidiaries in the
Asia Pulp and Paper group of companies (the "APP Group").
In 2001, the APP Group declared a global debt standstill with
respect to $13.7 billion of outstanding indebtedness, citing the
combined effect of the Asian economic crisis and the global decline
in pulp and paper prices. This was at the time and remains the
largest distressed situation encountered in Asia. The Indonesian
operating entities within the APP Group (including Lontar) owed in
excess of $6 billion to various international and local creditors
at that time. These entities implemented an out-of-court
consensual restructuring of most of these debts through voluntary
exchange and/or tender offers. However, no such exchange or tender
offer was initiated at that time with respect to certain debt
guaranteed by Lontar in light of creditor recovery actions that had
been commenced by certain bondholders located in the United
States.
The relevant debt guaranteed by Lontar at that time, which was
excluded from the consensual exchange and tender offers, included
the $450 million 11.75% guaranteed secured notes due 2005 issued by
APP International Finance Company B.V. ("APPFIBV") and guaranteed
by Lontar (the "APPIFBV Notes"). APPIFBV is a special purpose
finance vehicle incorporated in the Netherlands for the sole
purpose of issuing the APPIFBV Notes.
In 2004, U.S. Bank, as indenture trustee under the APPIFBV Notes,
commenced an action against, amongst others, APPIFBV and Lontar in
the Supreme Court of New York (the "US Bank Litigation") seeking to
recover amounts due under the APPIFBV Notes. On March 10, 2005, a
judgment in the amount of $536 million was entered against APPIFBV
and Lontar in the US Bank Litigation (the "US Bank Judgment").
In 2014, Lontar carried out a voluntary exchange and tender offer
process ("2014 Exchange Offer") with respect to certain liabilities
of Lontar including the APPIFBV Notes, pursuant to which Lontar
issued new debt in the form of globally cleared securities and
bilateral loans to holders of APPIFBV Notes who elected to
participate in the 2014 Exchange Offer. Holders of approximately
86% in principal amount of the APPIFBV Notes elected to participate
in the 2014 Exchange Offer. Based on the elections of these
participating exchange offer creditors, Lontar issued new notes in
an aggregate principal amount of $392,059,000 (the "New Lontar
Notes") and entered into bilateral facilities in an aggregate
principal amount of $40,583,986 (the "New Lontar Loans", together
with the New Lontar Notes, the "New Lontar Debt"). Following the
completion of the 2014 Exchange Offer, the outstanding principal
amount of the APPIFBV Notes was $42,491,000.
The Irish Scheme of Arrangement
While the 2014 Exchange Offer was successful in restructuring a
significant portion of Lontar's liabilities under the APPIFBV Notes
on a wholly voluntary basis, it did not bind holders of APPIFBV
Notes who did not participate in the process. Lontar determined
that it was and is in its best interests of its stakeholders to
achieve a holistic, full and final settlement of the APPIFBV Notes
and the New Lontar Debt (collectively, the "Lontar Scheme Debt").
Ireland was selected as the jurisdiction for this purpose because
Irish law contemplates restructurings through schemes of
arrangement in a manner similar to English law and Ireland has a
robust legal system that is viewed to be transparent and protective
of creditor rights. Since Ireland was not considering any form of
departure from the European Union (as was the case in England),
Ireland was perceived as a more stable jurisdiction in Europe for
the purpose of implementing a restructuring of the Lontar Scheme
Debt.
In order to ensure: (a) no event of default was triggered under the
existing financial arrangements to which Lontar and the other
members of the APP Group were party; and (b) that Lontar and the
other members of the APP Group could continue operating as going
concerns, the legal entity designated to implement the
restructuring of the Lontar Scheme Debt could not be a subsidiary
of Lontar and/or the APP Group.
Accordingly, Summerwell was incorporated in Ireland on Jan. 19,
2018 for the purposes of acceding to and implementing the
restructuring of the Lontar Scheme Debt.
Summerwell's sole registered shareholder is Accelero Group Limited
having its registered office at Vanterpool Plaza, 2ndFloor,
Wickhams Cay 1, Road Town Tortola, British Virgin Islands. The
ultimate beneficial owner of AcceleroGroup Limited is the
controller of the APP Group.
Prior to the commencement of Summerwell's voluntary liquidation,
its directors were: (a) Bill Leahy of Rosscara, Reddanswalk,
Tipperary Town, County Tipperary, of Ireland; and (b) Gitary Virgia
Marsella of JL. Ebony Golf V No.31, A BGM PIK, Jakarta, Indonesia.
On Dec. 11, 2018, Summerwell initiated the Irish Proceeding by
appointing Mr. Michael McAteer as its Liquidator by resolution of
its sole shareholder pursuant to Section 586 of the Irish Companies
Act 2014. Later the same day, Mr. McAteer's appointment as
Summerwell's Liquidator was confirmed by the creditors at a meeting
of the creditors held pursuant to Section 587 of the Act
The Liquidator proposed a scheme of arrangement to restructure the
Lontar Scheme Debt. The Scheme was approved at a creditors'
meeting on Jan. 21, 2019. A total of 78.43% of the creditors
representing 92.76% of the total debt attended the meeting (either
in person or by proxy) and the Scheme was unanimously accepted by
all creditors present. The sole shareholder also passed a special
resolution approving the Scheme.
On May 17, 2019, the settlement date under the Scheme occurred and
the Scheme consideration (in the form of new debt or cash) was
distributed to all of the creditors in accordance with their
elections. The recoveries of creditors under the approved Scheme
are far greater than they would be in liquidation. While the
corporate resolution and creditors' meeting procedure was
sufficient as a matter of Irish law, the Liquidator made an
application to the Master of the High Court of Ireland seeking
confirmation of the liquidation and Mr. McAteer's appointment as
Liquidator, so that the Scheme would be recognized throughout the
European Union pursuant to the relevant European Union regulations.
The confirmation order was entered on April 11, 2019.
The Foreign Representative has filed a Chapter 15 bankruptcy case
to obtain recognition of the Irish Proceeding as a foreign main
proceeding and enforcement of the Scheme in the United States.
About Lontar Papyrus
PT Lontar Papyrus & Paper Industry is a limited liability company
incorporated in the Republic of Indonesia. It is a major pulp and
paper producer and is one of the key operating subsidiaries in the
Asia Pulp and Paper group of companies (the "APP Group").
In 2001, the APP Group declared a global debt standstill with
respect to approximately $13.7 billion of outstanding indebtedness,
citing the combined effect of the Asian economic crisis and the
global decline in pulp and paper prices.
Accordingly, Summerwell Venture Limited was incorporated in Ireland
on Jan. 19, 2018, for the purposes of acceding to and implementing
the restructuring of Lontar's outstanding debt. The liquidator
proposed a scheme of arrangement to restructure the debt.
Summerwell Venture Limited filed a Chapter 15 petition (Bankr.
S.D.N.Y. Case No. 19-12642) on Aug. 16, 2019, to seek U.S.
recognition of the Irish proceedings. The Hon. Mary Kay Vyskocil
is the U.S. judge. The liquidator, Michael McAteer of GRANT
THORNTON, signed the petition. Kenneth R. Puhala, of SCHNADER
HARRISON SEGAL & LEWIS LLP, is counsel in the U.S. case.
TEXAS PELLETS: Sept. 4 Combined Plan, Disclosures Hearing
---------------------------------------------------------
The combined hearing to (a) approve the adequacy of the Disclosure
Statement and (b) consider confirmation of the Plan, as modified,
in the Chapter 11 case of Texas Pellets, Inc., is rescheduled for
September 4, 2019 at 1:30 p.m. (CDT).
A copy of the Modified First Amended Plan dated August 2, 2019 is
available at https://tinyurl.com/y4vcv9x2 from Pacermonitor.com at
no charge.
About Texas Pellets
Texas Pellets, Inc., based in Woodville, Texas, filed a Chapter 11
petition (Bankr. E.D. Tex. Case No. 16-90126) on April 30, 2016.
The petition was signed by Anna Katherin Leibold, president and
chief executive officer.
German Pellets Texas, LLC, also based in Woodville, Texas, filed a
Chapter 11 petition (Bankr. E.D. Tex. Case No. 16-90127) on April
30, 2016. The petition was signed by Peter H. Leibold, its chief
executive officer.
The cases have been jointly administered under Texas Pellets' case.
Judge Bill Parker presides over the cases.
The Debtors employ William Steven Bryant, Esq., at Locke Lord LLP
as their legal counsel; Searcy & Searcy, P.C. as local/conflicts
co-counsel; and Guggenheim Securities, LLC as investment banker.
Bryan M. Gaston, and the firm Opportune, LLP, serve as the Debtors'
Chief Restructuring Officer.
No Chapter 11 trustee or examiner has been appointed in these
Bankruptcy Cases. An official committee of unsecured creditors was
appointed on May 17, 2016.
THOMAS M. COOLEY: S&P Affirms 'BB' Rating on 2014 Revenue Bond
---------------------------------------------------------------
S&P Global Ratings revised its outlook to negative from positive
and affirmed its 'BB' long-term rating on Michigan Finance
Authority's series 2014 limited obligation revenue bond issued for
the Thomas M. Cooley Law School (Cooley or TCLS). S&P also affirmed
its 'BB' issuer credit rating (ICR) on the school.
"The negative outlook reflects our view of the uncertainty
regarding whether TCLS will be able to meet the updated American
Bar Association accreditation standards, with respect to its
two-year bar passage rate," said S&P Global Ratings credit analyst
Amber Schafer. "If TCLS is unable to increase its bar passage rate
to comply with the heightened standards, we believe its
accreditation could be at risk of being placed on probation.
Furthermore, the revised standards have prompted the school to
increase its admission requirements for fall 2019, which could lead
to further enrollment and operating pressure," Ms. Schafer added.
The rating reflects S&P's assessment of Cooley's weaknesses:
-- Pressured and limited demand profile, with a high acceptance
rate, projected enrollment declines, and uncertainty with the
school's market position as it increases admission standards in
response to the ABA' updated accreditation standards;
-- High student-fee dependence, with tuition, fees, and auxiliary
revenue accounting for 97% of fiscal 2018 revenue; and
-- High maximum annual debt service (MADS) burden at 10.0% of
fiscal 2018 operating expenses.
The rating reflects S&P's assessment of Cooley's strengths:
-- Limited, though improving, available resources;
-- Flexible programming options, as well as the school's
affiliation agreement with Western Michigan University; and
-- History of stable management with a history of disciplined
financial practices, which S&P believes provide stability to the
school's operations.
Thomas M. Cooley Law School is a private, independent law school
headquartered in Lansing. It operates four campuses, three of which
are in Michigan in Lansing, Grand Rapids, and Auburn Hills (a
northern suburb of Detroit), and one in the Tampa Bay area in
Florida, which opened in May 2012.
VERNON PARK: Oct. 22 Combined Plan, Disclosures Hearing
-------------------------------------------------------
October 22, 2019, at 10:30 a.m., is fixed for the hearing on the
adequacy of the disclosure statement and confirmation of the plan
of Vernon Park Church of God. October 4, 2019, is fixed as the
last day for filing and serving written objections to the adequacy
of the disclosure statement or to the confirmation of the plan.
About Vernon Park Church of God
Based in Lynwood, Illinois, Vernon Park Church of God --
http://www.vpcog.org/-- is a religious organization. The Church's
Sunday service is at 10:00 a.m., and Children's Church is held
during Sunday service.
Vernon Park Church of God filed a Chapter 11 petition (Bankr. N.D.
Ill. Case No. 17-35316) on Nov. 28, 2017. In the petition signed
by Jerald January Sr., pastor, the Debtor estimated assets and
liabilities between $1 million and $10 million. The case is
assigned to Judge Donald R. Cassling. The Debtor is represented by
Karen J Porter, Esq., at Porter Law Network.
WILLOWOOD AZOXYSTROBIN: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------------------
No official committee of unsecured creditors has been appointed in
the Chapter 11 case of Willowood Azoxystrobin, LLC as of Aug. 15,
according to a court docket.
About Willowood Azoxystrobin
Willowood Azoxystrobin, LLC is a Colorado-based company that
develops, formulates and markets generic crop protection products
for the U.S. agriculture industry.
Willowood Azoxystrobin sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Colo. Case No. 19-12371) on March 28,
2019. At the time of the filing, the Debtor had estimated assets
of less than $50,000 and liabilities of between $10 million and $50
million.
The case has been assigned to Judge Thomas B. McNamara. Brownstein
Hyatt Farber Schreck, LLP is the Debtor's bankruptcy counsel.
WINFIELD INN: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------
No official committee of unsecured creditors has been appointed in
the Chapter 11 case of Winfield Inn, Inc. as of Aug. 15, according
to a court docket.
About Winfield Inn
Winfield Inn Inc. -- https://winfieldinn.com -- offers inn or
lodging services as well as cottage, cabin, condo and home rentals.
Winfield Inn sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. W.D. Wis. Case No. 19-12327) on July 8, 2019. At the
time of the filing, the Debtor had estimated assets of less than
$50,000 and liabilities of between $1 million and $10 million. The
case has been assigned to Judge Catherine J. Furay. Nicolet Law
Office, S.C. is the Debtor's bankruptcy counsel.
XENETIC BIOSCIENCES: CVI Investments Has 8.9% Stake as of July 17
-----------------------------------------------------------------
CVI Investments, Inc. disclosed in a Schedule 13G filed with the
Securities and Exchange Commission that as of July 17, 2019, it
beneficially own 235,000 shares of common stock of Xenetic
Biosciences, Inc., which represents 8.9 percent of the shares
outstanding. Heights Capital Management, Inc., which serves as the
investment manager to CVI Investments, Inc., may be deemed to be
the beneficial owner of all Shares owned by CVI Investments, Inc.
A full-text copy of the regulatory filing is available for free at:
https://is.gd/eBMM5s
About Xenetic Biosciences
Lexington, Massachusetts-based Xenetic Biosciences, Inc., is a
clinical-stage biopharmaceutical company focused on the discovery,
research and development of next-generation biologic drugs and
novel orphan oncology therapeutics. The Company recently announced
its acquisition of the XCART platform, a novel CAR T technology
engineered to target personalized, patient-specific tumor
neoantigens. The Company plans to initially apply the XCART
technology to develop cell-based therapeutics for the treatment of
B-cell lymphomas.
Xenetic Biosciences reported a net loss of $7.30 million for the
year ended Dec. 31, 2018, compared to a net loss of $3.59 million
for the year ended Dec. 31, 2017. As of June 30, 2019, the Company
had $15.63 million in total assets, $5.24 million in total
liabilities, and $10.39 million in total stockholders' equity.
Marcum LLP, in Boston, Massachusetts, the Company's auditor since
2015, issued a "going concern" qualification in its report dated
March 29, 2019 on the Company's consolidated financial statements
for the year ended Dec. 31, 2018, citing that the Company has had
recurring net losses and continues to experience negative cash
flows from operations. These conditions raise substantial doubt
about the Company's ability to continue as a going concern.
XENETIC BIOSCIENCES: Incurs $1.4 Million Net Loss in 2nd Quarter
----------------------------------------------------------------
Xenetic Biosciences, Inc. filed with the Securities and Exchange
Commission its quarterly report on Form 10-Q reporting a net loss
of $1.37 million for the three months ended June 30, 2019, compared
to a net loss of $2.02 million for the three months ended June 30,
2018.
For the six months ended June 30, 2019, the Company reported a net
loss of $2.70 million compared to a net loss of $3.84 million for
the six months ended June 30, 2018.
As of June 30, 2019, the Company had $15.63 million in total
assets, $5.24 million in total liabilities, and $10.39 million in
total stockholders' equity.
The Company has continued to reduce expenses, control non-essential
spending and maximize its available resources to advance its
research and development efforts. The Company ended the quarter
with approximately $1.0 million in cash. Subsequent to quarter
end, the Company completed its $15 million public offering
resulting in approximately $13.4 million of net proceeds to the
Company.
"With the closing of our recent financing, the Company is now in a
much stronger financial position to successfully execute on our
strategic plan," James Parslow, chief financial officer of Xenetic
concluded. "This is truly an exciting time for Xenetic and we look
forward to continuing to leverage our innovative technologies,
build shareholder value in both the near and long term, and
ultimately provide important therapies by leveraging our XCART
platform technology."
Recent Corporate Highlights
* Closed $15.0 million underwritten public offering;
* Completed transformative acquisition of novel CAR T
("Chimeric Antigen Receptor T Cell") platform technology,
called "XCART," a proximity-based screening platform capable
of identifying CAR constructs that can target patient-
specific tumor neoantigens, which has demonstrated proof-of-
mechanism in B-cell Non-Hodgkin lymphomas;
* Commenced XCART development efforts to conduct initial tech
transfer of XCART methods to a future academic collaborator;
and
* Strengthened scientific advisory board with recent
appointments and continued build out of expertise in
hematologic cancers and cell therapy.
"Over the course of 2019 we have taken deliberate steps to
transition Xenetic's focus and opportunities with the acquisition
of the XCART platform technology. We signed the acquisition
agreement in the first quarter, then worked to not only fund the
transaction but also to secure the capital required to advance this
potentially game-changing technology through early development.
Now that the financing and transaction closing are behind us, we
believe we have opportunities to successfully achieve corporate,
clinical and regulatory milestones and drive significant
shareholder value," commented Jeffrey Eisenberg, chief executive
officer of Xenetic.
"We acknowledge that this has been a challenging period for our
stakeholders, and unfortunately, we believe our recent progress and
momentum is not properly reflected in our current share price.
However, I am pleased to say that today we are essentially a new
company with a clear mission and vision, and we believe that our
catalytic shift in strategy with this differentiated CAR T platform
technology will prove to be transformational for Xenetic. Moving
forward, our team is focused on leveraging our R&D efforts on the
advancement of the XCART platform to develop cell-based
therapeutics for the treatment of multiple tumor types of B-cell
Non-Hodgkin lymphomas, with the potential to address an initial
global market opportunity of over $5 billion annually. I believe
Xenetic has the potential to become a significant player in this
dynamic CAR T oncology space," added Mr. Eisenberg.
A full-text copy of the Form 10-Q is available for free at:
https://is.gd/6C7LB0
About Xenetic Biosciences
Lexington, Massachusetts-based Xenetic Biosciences, Inc., is a
clinical-stage biopharmaceutical company focused on the discovery,
research and development of next-generation biologic drugs and
novel orphan oncology therapeutics. The Company recently announced
its acquisition of the XCART platform, a novel CAR T technology
engineered to target personalized, patient-specific tumor
neoantigens. The Company plans to initially apply the XCART
technology to develop cell-based therapeutics for the treatment of
B-cell lymphomas.
Xenetic Biosciences reported a net loss of $7.30 million for the
year ended Dec. 31, 2018, compared to a net loss of $3.59 million
for the year ended Dec. 31, 2017. As of March 31, 2019, Xenetic
Biosciences had $16.45 million in total assets, $4.93 million in
total liabilities, and $11.51 million in total stockholders'
equity.
Marcum LLP, in Boston, Massachusetts, the Company's auditor since
2015, issued a "going concern" qualification in its report dated
March 29, 2019 on the Company's consolidated financial statements
for the year ended Dec. 31, 2018, citing that the Company has had
recurring net losses and continues to experience negative cash
flows from operations. These conditions raise substantial doubt
about the Company's ability to continue as a going concern.
[^] Large Companies with Insolvent Balance Sheet
------------------------------------------------
Total
Share- Total
Total Holders' Working
Assets Equity Capital
Company Ticker ($MM) ($MM) ($MM)
------- ------ ------ -------- -------
ABBVIE INC ABBV US 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC 4AB TE 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC ABBV AV 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC 4AB GZ 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC 4AB TH 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC 4AB QT 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC ABBVUSD EU 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC ABBVEUR EU 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC 4AB GR 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC ABBV SW 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC ABBV* MM 57,142.0 (8,566.0) (1,841.0)
ABBVIE INC-BDR ABBV34 BZ 57,142.0 (8,566.0) (1,841.0)
ABSOLUTE SOFTWRE ALSWF US 93.0 (51.2) (30.8)
ABSOLUTE SOFTWRE ABT CN 93.0 (51.2) (30.8)
ABSOLUTE SOFTWRE OU1 GR 93.0 (51.2) (30.8)
ABSOLUTE SOFTWRE ABT2EUR EU 93.0 (51.2) (30.8)
AGILITI INC AGLY US 745.0 (67.7) 17.3
AMER RESTAUR-LP ICTPU US 33.5 (4.0) (6.2)
AMERICAN AIRLINE AAL TE 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE A1G SW 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE A1G GZ 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE AAL11EUR EU 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE AAL AV 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE A1G QT 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE AAL US 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE A1G GR 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE AAL* MM 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE AAL1USD EU 61,967.0 (22.0) (10,273.0)
AMERICAN AIRLINE A1G TH 61,967.0 (22.0) (10,273.0)
AMERICAN BRIVISI ABVC US 7.1 (3.1) (8.9)
AMYRIS INC AMRS US 172.8 (174.4) (111.5)
AMYRIS INC 3A01 GR 172.8 (174.4) (111.5)
AMYRIS INC 3A01 TH 172.8 (174.4) (111.5)
AMYRIS INC AMRSUSD EU 172.8 (174.4) (111.5)
AMYRIS INC 3A01 QT 172.8 (174.4) (111.5)
AMYRIS INC AMRSEUR EU 172.8 (174.4) (111.5)
ATLATSA RESOURCE ATL SJ 139.6 (285.7) (326.1)
AUTODESK INC AUD GR 4,808.5 (245.3) (798.4)
AUTODESK INC ADSK US 4,808.5 (245.3) (798.4)
AUTODESK INC AUD TH 4,808.5 (245.3) (798.4)
AUTODESK INC ADSKEUR EU 4,808.5 (245.3) (798.4)
AUTODESK INC ADSKUSD EU 4,808.5 (245.3) (798.4)
AUTODESK INC ADSK TE 4,808.5 (245.3) (798.4)
AUTODESK INC AUD GZ 4,808.5 (245.3) (798.4)
AUTODESK INC ADSK AV 4,808.5 (245.3) (798.4)
AUTODESK INC ADSK* MM 4,808.5 (245.3) (798.4)
AUTODESK INC AUD QT 4,808.5 (245.3) (798.4)
AUTOZONE INC AZO US 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZ5 GR 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZ5 TH 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZOUSD EU 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZO AV 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZ5 TE 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZO* MM 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZOEUR EU 9,773.7 (1,589.5) (345.5)
AUTOZONE INC AZ5 QT 9,773.7 (1,589.5) (345.5)
AUTOZONE INC-BDR AZOI34 BZ 9,773.7 (1,589.5) (345.5)
AVID TECHNOLOGY AVID US 282.1 (175.8) (20.2)
AVID TECHNOLOGY AVD GR 282.1 (175.8) (20.2)
AYR STRATEGIES I AYR/A CN 136.4 (286.0) (5.6)
AYR STRATEGIES I AYRSF US 136.4 (286.0) (5.6)
BABCOCK & WILCOX BW US 772.0 (343.0) (218.5)
BENEFITFOCUS INC BNFTEUR EU 335.2 (19.1) 113.5
BENEFITFOCUS INC BNFT US 335.2 (19.1) 113.5
BENEFITFOCUS INC BTF GR 335.2 (19.1) 113.5
BEYONDSPRING INC BYSI US 7.8 (17.0) (15.9)
BIOCRYST PHARM BCRXUSD EU 116.3 (9.2) 31.8
BIOCRYST PHARM BCRX* MM 116.3 (9.2) 31.8
BJ'S WHOLESALE C 8BJ QT 5,226.7 (148.3) (330.7)
BJ'S WHOLESALE C BJ US 5,226.7 (148.3) (330.7)
BJ'S WHOLESALE C 8BJ GR 5,226.7 (148.3) (330.7)
BLOOM ENERGY C-A 1ZB GR 1,222.6 (11.2) 253.2
BLOOM ENERGY C-A BE1EUR EU 1,222.6 (11.2) 253.2
BLOOM ENERGY C-A BE1USD EU 1,222.6 (11.2) 253.2
BLOOM ENERGY C-A 1ZB QT 1,222.6 (11.2) 253.2
BLOOM ENERGY C-A 1ZB TH 1,222.6 (11.2) 253.2
BLOOM ENERGY C-A BE US 1,222.6 (11.2) 253.2
BLUE BIRD CORP BLBD US 408.4 (61.2) 15.0
BLUELINX HOLDING BXC US 1,081.2 (12.8) 456.0
BOEING CO-BDR BOEI34 BZ 126,261.0 (4,943.0) 2,922.0
BOEING CO-CED BA AR 126,261.0 (4,943.0) 2,922.0
BOEING CO-CED BAD AR 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BAEUR EU 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BCO GR 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA EU 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BOE LN 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BCO TH 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BOEI BB 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA US 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA SW 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA* MM 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA TE 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BAUSD SW 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BCO GZ 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA AV 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BCO QT 126,261.0 (4,943.0) 2,922.0
BOEING CO/THE BA CI 126,261.0 (4,943.0) 2,922.0
BOMBARDIER INC-B BBDBN MM 26,688.0 (4,352.0) (57.0)
BRINKER INTL BKJ GR 1,258.3 (778.2) (244.6)
BRINKER INTL EAT US 1,258.3 (778.2) (244.6)
BRINKER INTL BKJ QT 1,258.3 (778.2) (244.6)
BRINKER INTL EAT2EUR EU 1,258.3 (778.2) (244.6)
BRP INC/CA-SUB V B15A GR 3,358.1 (364.6) (223.2)
BRP INC/CA-SUB V DOOO US 3,358.1 (364.6) (223.2)
BRP INC/CA-SUB V DOO CN 3,358.1 (364.6) (223.2)
CADIZ INC CDZI US 77.5 (79.8) 16.7
CADIZ INC 2ZC GR 77.5 (79.8) 16.7
CASTLE BIOSCIENC CSTL US 31.0 (2.9) 18.0
CATASYS INC CATS US 16.1 (12.2) (0.5)
CDK GLOBAL INC C2G QT 2,999.0 (714.5) 149.2
CDK GLOBAL INC CDK* MM 2,999.0 (714.5) 149.2
CDK GLOBAL INC CDKUSD EU 2,999.0 (714.5) 149.2
CDK GLOBAL INC CDKEUR EU 2,999.0 (714.5) 149.2
CDK GLOBAL INC C2G TH 2,999.0 (714.5) 149.2
CDK GLOBAL INC C2G GR 2,999.0 (714.5) 149.2
CDK GLOBAL INC CDK US 2,999.0 (714.5) 149.2
CEDAR FAIR LP FUN US 2,532.8 (100.2) 139.8
CEDAR FAIR LP 7CF GR 2,532.8 (100.2) 139.8
CEDAR FAIR LP FUN1EUR EU 2,532.8 (100.2) 139.8
CHEWY INC- CL A CHWY US 682.3 (357.9) (398.5)
CHOICE HOTELS CZH GR 1,214.3 (122.7) (44.1)
CHOICE HOTELS CHH US 1,214.3 (122.7) (44.1)
CINCINNATI BELL CIB1 GR 2,655.7 (112.3) (111.3)
CINCINNATI BELL CBB US 2,655.7 (112.3) (111.3)
CINCINNATI BELL CBBEUR EU 2,655.7 (112.3) (111.3)
CLOVIS ONCOLOGY C6O GR 686.0 (30.0) 272.6
CLOVIS ONCOLOGY CLVS US 686.0 (30.0) 272.6
CLOVIS ONCOLOGY C6O SW 686.0 (30.0) 272.6
CLOVIS ONCOLOGY CLVSUSD EU 686.0 (30.0) 272.6
CLOVIS ONCOLOGY C6O QT 686.0 (30.0) 272.6
CLOVIS ONCOLOGY C6O TH 686.0 (30.0) 272.6
CLOVIS ONCOLOGY CLVSEUR EU 686.0 (30.0) 272.6
COGENT COMMUNICA CCOI US 949.1 (176.6) 395.8
COGENT COMMUNICA OGM1 GR 949.1 (176.6) 395.8
COGENT COMMUNICA CCOIUSD EU 949.1 (176.6) 395.8
COHERUS BIOSCIEN CHRSUSD EU 240.5 (4.0) 144.4
COHERUS BIOSCIEN 8C5 QT 240.5 (4.0) 144.4
COHERUS BIOSCIEN 8C5 TH 240.5 (4.0) 144.4
COHERUS BIOSCIEN CHRSEUR EU 240.5 (4.0) 144.4
COHERUS BIOSCIEN CHRS US 240.5 (4.0) 144.4
COHERUS BIOSCIEN 8C5 GR 240.5 (4.0) 144.4
COLGATE-BDR COLG34 BZ 13,151.0 (10.0) 473.0
COLGATE-CEDEAR CL AR 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CL SW 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CL EU 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CPA TH 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CLEUR EU 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CL* MM 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CL TE 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV COLG AV 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CL US 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CPA GR 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CLUSD SW 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CPA GZ 13,151.0 (10.0) 473.0
COLGATE-PALMOLIV CPA QT 13,151.0 (10.0) 473.0
COLUMBIA CARE IN CCHWEUR EU 161.5 (0.9) (1.9)
COLUMBIA CARE IN CCHW CN 161.5 (0.9) (1.9)
COLUMBIA CARE IN CCHWF US 161.5 (0.9) (1.9)
COLUMBIA CARE IN 3LP GR 161.5 (0.9) (1.9)
CURE PHARMACEUTI CURR US 5.3 (0.2) (1.8)
CYTOKINETICS INC CYTK US 198.2 (4.9) 163.0
CYTOKINETICS INC KK3A GR 198.2 (4.9) 163.0
CYTOKINETICS INC KK3A TH 198.2 (4.9) 163.0
CYTOKINETICS INC CYTKUSD EU 198.2 (4.9) 163.0
CYTOKINETICS INC CYTKEUR EU 198.2 (4.9) 163.0
CYTOKINETICS INC KK3A QT 198.2 (4.9) 163.0
DELEK LOGISTICS DKL US 769.3 (144.3) 2.3
DELEK LOGISTICS D6L GR 769.3 (144.3) 2.3
DENNY'S CORP DE8 GR 438.7 (142.6) (41.3)
DENNY'S CORP DENN US 438.7 (142.6) (41.3)
DENNY'S CORP DENNEUR EU 438.7 (142.6) (41.3)
DIEBOLD NIXDORF DBD SW 4,104.5 (304.0) 368.1
DIEBOLD NIXDORF DBDEUR EU 4,104.5 (304.0) 368.1
DIEBOLD NIXDORF DBDUSD EU 4,104.5 (304.0) 368.1
DIEBOLD NIXDORF DLD TH 4,104.5 (304.0) 368.1
DIEBOLD NIXDORF DBD GR 4,104.5 (304.0) 368.1
DIEBOLD NIXDORF DBD US 4,104.5 (304.0) 368.1
DIEBOLD NIXDORF DLD QT 4,104.5 (304.0) 368.1
DINE BRANDS GLOB DIN US 2,040.7 (215.1) 7.9
DINE BRANDS GLOB IHP GR 2,040.7 (215.1) 7.9
DOLLARAMA INC DOL CN 3,417.0 (219.0) 19.9
DOLLARAMA INC DR3 GR 3,417.0 (219.0) 19.9
DOLLARAMA INC DLMAF US 3,417.0 (219.0) 19.9
DOLLARAMA INC DOLEUR EU 3,417.0 (219.0) 19.9
DOLLARAMA INC DR3 GZ 3,417.0 (219.0) 19.9
DOLLARAMA INC DR3 TH 3,417.0 (219.0) 19.9
DOLLARAMA INC DR3 QT 3,417.0 (219.0) 19.9
DOMINO'S PIZZA EZV GR 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA DPZ US 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA EZV TH 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA DPZEUR EU 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA DPZUSD EU 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA EZV GZ 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA DPZ AV 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA DPZ* MM 1,177.2 (2,904.3) 230.5
DOMINO'S PIZZA EZV QT 1,177.2 (2,904.3) 230.5
DUNKIN' BRANDS G 2DB GR 3,767.9 (656.8) 288.1
DUNKIN' BRANDS G 2DB TH 3,767.9 (656.8) 288.1
DUNKIN' BRANDS G DNKN US 3,767.9 (656.8) 288.1
DUNKIN' BRANDS G 2DB GZ 3,767.9 (656.8) 288.1
DUNKIN' BRANDS G 2DB QT 3,767.9 (656.8) 288.1
DUNKIN' BRANDS G DNKNEUR EU 3,767.9 (656.8) 288.1
DYNATRACE INC DT US 1,811.4 (390.3) (737.7)
EMISPHERE TECH EMIS US 5.2 (155.3) (1.4)
EVERI HOLDINGS I EVRI US 1,596.3 (84.4) 6.7
EVERI HOLDINGS I G2C TH 1,596.3 (84.4) 6.7
EVERI HOLDINGS I G2C GR 1,596.3 (84.4) 6.7
EVERI HOLDINGS I EVRIEUR EU 1,596.3 (84.4) 6.7
FC GLOBAL REALTY FCRE IT 4.2 (0.6) (3.2)
FILO MINING CORP FIL SS 11.6 (9.2) (10.5)
FRONTDOOR IN FTDR US 1,179.0 (278.0) 52.0
FRONTDOOR IN FTDREUR EU 1,179.0 (278.0) 52.0
FRONTDOOR IN 3I5 GR 1,179.0 (278.0) 52.0
GOGO INC GOGO US 1,282.1 (363.6) 207.7
GOGO INC G0G TH 1,282.1 (363.6) 207.7
GOGO INC GOGOUSD EU 1,282.1 (363.6) 207.7
GOGO INC GOGOEUR EU 1,282.1 (363.6) 207.7
GOGO INC G0G GR 1,282.1 (363.6) 207.7
GOGO INC G0G QT 1,282.1 (363.6) 207.7
GOOSEHEAD INSU-A GSHD US 48.4 (31.9) -
GOOSEHEAD INSU-A 2OX GR 48.4 (31.9) -
GOOSEHEAD INSU-A GSHDEUR EU 48.4 (31.9) -
GRAFTECH INTERNA EAF US 1,726.4 (709.8) 621.2
GRAFTECH INTERNA G6G TH 1,726.4 (709.8) 621.2
GRAFTECH INTERNA G6G GR 1,726.4 (709.8) 621.2
GRAFTECH INTERNA EAFEUR EU 1,726.4 (709.8) 621.2
GRAFTECH INTERNA G6G QT 1,726.4 (709.8) 621.2
GRAFTECH INTERNA EAFUSD EU 1,726.4 (709.8) 621.2
GREEN PLAINS PAR GPP US 123.2 (73.9) (4.9)
GREEN PLAINS PAR 8GP GR 123.2 (73.9) (4.9)
GREENLANE HOLD-A GNLN US 180.9 130.3 105.6
GREENLANE HOLD-A G67 GR 180.9 130.3 105.6
GREENLANE HOLD-A G67 QT 180.9 130.3 105.6
GREENSKY INC-A GSKY US 840.9 (96.8) 247.4
HANGER INC HNGR US 780.8 (21.8) 92.3
HCA HEALTHCARE I 2BH TH 45,449.0 (1,770.0) 3,908.0
HCA HEALTHCARE I HCA US 45,449.0 (1,770.0) 3,908.0
HCA HEALTHCARE I 2BH GR 45,449.0 (1,770.0) 3,908.0
HCA HEALTHCARE I HCA* MM 45,449.0 (1,770.0) 3,908.0
HCA HEALTHCARE I HCAUSD EU 45,449.0 (1,770.0) 3,908.0
HCA HEALTHCARE I 2BH TE 45,449.0 (1,770.0) 3,908.0
HCA HEALTHCARE I HCAEUR EU 45,449.0 (1,770.0) 3,908.0
HERBALIFE NUTRIT HOO GR 3,078.6 (534.2) 393.4
HERBALIFE NUTRIT HLF US 3,078.6 (534.2) 393.4
HERBALIFE NUTRIT HLFUSD EU 3,078.6 (534.2) 393.4
HERBALIFE NUTRIT HOO GZ 3,078.6 (534.2) 393.4
HERBALIFE NUTRIT HLFEUR EU 3,078.6 (534.2) 393.4
HERBALIFE NUTRIT HOO QT 3,078.6 (534.2) 393.4
HEWLETT-CEDEAR HPQ AR 31,946.0 (1,487.0) (4,918.0)
HILTON WORLDWIDE HLTEUR EU 15,140.0 (23.0) (565.0)
HILTON WORLDWIDE HLT* MM 15,140.0 (23.0) (565.0)
HILTON WORLDWIDE HLT US 15,140.0 (23.0) (565.0)
HILTON WORLDWIDE HI91 TE 15,140.0 (23.0) (565.0)
HILTON WORLDWIDE HI91 TH 15,140.0 (23.0) (565.0)
HILTON WORLDWIDE HI91 GR 15,140.0 (23.0) (565.0)
HILTON WORLDWIDE HLTUSD EU 15,140.0 (23.0) (565.0)
HOME DEPOT - BDR HOME34 BZ 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HD TE 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDI TH 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDI GR 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HD US 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HD* MM 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDUSD SW 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDI GZ 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HD AV 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDEUR EU 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDI QT 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HDUSD EU 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HD SW 51,515.0 (2,143.0) 880.0
HOME DEPOT INC HD CI 51,515.0 (2,143.0) 880.0
HOME DEPOT-CED HDD AR 51,515.0 (2,143.0) 880.0
HOME DEPOT-CED HDC AR 51,515.0 (2,143.0) 880.0
HOME DEPOT-CED HD AR 51,515.0 (2,143.0) 880.0
HP COMPANY-BDR HPQB34 BZ 31,946.0 (1,487.0) (4,918.0)
HP INC HPQ TE 31,946.0 (1,487.0) (4,918.0)
HP INC 7HP GR 31,946.0 (1,487.0) (4,918.0)
HP INC HPQ US 31,946.0 (1,487.0) (4,918.0)
HP INC 7HP TH 31,946.0 (1,487.0) (4,918.0)
HP INC HPQUSD SW 31,946.0 (1,487.0) (4,918.0)
HP INC HPQEUR EU 31,946.0 (1,487.0) (4,918.0)
HP INC 7HP GZ 31,946.0 (1,487.0) (4,918.0)
HP INC HPQ AV 31,946.0 (1,487.0) (4,918.0)
HP INC HPQ* MM 31,946.0 (1,487.0) (4,918.0)
HP INC HWP QT 31,946.0 (1,487.0) (4,918.0)
HP INC HPQUSD EU 31,946.0 (1,487.0) (4,918.0)
HP INC HPQ SW 31,946.0 (1,487.0) (4,918.0)
HP INC HPQ CI 31,946.0 (1,487.0) (4,918.0)
IAA INC IAA US 2,010.3 (228.9) 155.5
IAA INC 3NI GR 2,010.3 (228.9) 155.5
IAA INC IAA-WEUR EU 2,010.3 (228.9) 155.5
IHEARTMEDIA-CL A IHRT US 14,286.0 (11,566.1) 650.5
IMMUNOGEN INC IMGN* MM 287.7 (68.2) 184.8
INSEEGO CORP INO TH 164.7 (37.3) (117.3)
INSEEGO CORP INO QT 164.7 (37.3) (117.3)
INSEEGO CORP INSGUSD EU 164.7 (37.3) (117.3)
INSEEGO CORP INSG US 164.7 (37.3) (117.3)
INSEEGO CORP INO GR 164.7 (37.3) (117.3)
INSEEGO CORP INSGEUR EU 164.7 (37.3) (117.3)
INSEEGO CORP INO GZ 164.7 (37.3) (117.3)
INSPIRED ENTERTA INSE US 187.7 (22.6) 11.3
IRONWOOD PHARMAC I76 GR 315.7 (219.4) 110.1
IRONWOOD PHARMAC I76 TH 315.7 (219.4) 110.1
IRONWOOD PHARMAC IRWD US 315.7 (219.4) 110.1
IRONWOOD PHARMAC IRWDUSD EU 315.7 (219.4) 110.1
IRONWOOD PHARMAC I76 QT 315.7 (219.4) 110.1
IRONWOOD PHARMAC IRWDEUR EU 315.7 (219.4) 110.1
ISRAMCO INC IRM GR 106.7 (2.0) (7.3)
ISRAMCO INC ISRL US 106.7 (2.0) (7.3)
ISRAMCO INC ISRLEUR EU 106.7 (2.0) (7.3)
JACK IN THE BOX JBX GR 831.3 (580.6) (112.9)
JACK IN THE BOX JACK US 831.3 (580.6) (112.9)
JACK IN THE BOX JBX GZ 831.3 (580.6) (112.9)
JACK IN THE BOX JBX QT 831.3 (580.6) (112.9)
JACK IN THE BOX JACK1EUR EU 831.3 (580.6) (112.9)
KONTOOR BRAND KTB US 1,588.2 82.2 566.7
KONTOOR BRAND 3KO TH 1,588.2 82.2 566.7
KONTOOR BRAND 3KO GR 1,588.2 82.2 566.7
KONTOOR BRAND KTBEUR EU 1,588.2 82.2 566.7
KONTOOR BRAND KTBUSD EU 1,588.2 82.2 566.7
KONTOOR BRAND 3KO QT 1,588.2 82.2 566.7
KONTOOR BRAND 3KO GZ 1,588.2 82.2 566.7
KONTOOR BRAND 0A1X LI 1,588.2 82.2 566.7
L BRANDS INC LTD GR 10,998.0 (898.0) 750.0
L BRANDS INC LB US 10,998.0 (898.0) 750.0
L BRANDS INC LTD TH 10,998.0 (898.0) 750.0
L BRANDS INC LBUSD EU 10,998.0 (898.0) 750.0
L BRANDS INC LBRA AV 10,998.0 (898.0) 750.0
L BRANDS INC LBEUR EU 10,998.0 (898.0) 750.0
L BRANDS INC LB* MM 10,998.0 (898.0) 750.0
L BRANDS INC LTD QT 10,998.0 (898.0) 750.0
L BRANDS INC-BDR LBRN34 BZ 10,998.0 (898.0) 750.0
LA JOLLA PHARM LJPC US 169.9 (12.6) 110.4
LA JOLLA PHARM LJPP GR 169.9 (12.6) 110.4
LAMB WESTON LW-WUSD EU 3,048.1 (4.6) 408.7
LAMB WESTON 0L5 GR 3,048.1 (4.6) 408.7
LAMB WESTON LW-WEUR EU 3,048.1 (4.6) 408.7
LAMB WESTON 0L5 TH 3,048.1 (4.6) 408.7
LAMB WESTON 0L5 QT 3,048.1 (4.6) 408.7
LAMB WESTON LW* MM 3,048.1 (4.6) 408.7
LAMB WESTON LW US 3,048.1 (4.6) 408.7
LANDCADIA HOLD-A LCA US 0.2 (0.0) (0.3)
LANDCADIA HOLDIN LCAHU US 0.2 (0.0) (0.3)
LENNOX INTL INC LXI GR 2,340.4 (217.5) 368.9
LENNOX INTL INC LII US 2,340.4 (217.5) 368.9
LENNOX INTL INC LII* MM 2,340.4 (217.5) 368.9
LENNOX INTL INC LXI TH 2,340.4 (217.5) 368.9
LENNOX INTL INC LII1USD EU 2,340.4 (217.5) 368.9
LENNOX INTL INC LII1EUR EU 2,340.4 (217.5) 368.9
MARTIN MIDSTREAM MMLPUSD EU 700.5 (37.1) 88.5
MARTIN MIDSTREAM MMLP US 700.5 (37.1) 88.5
MCDONALDS - BDR MCDC34 BZ 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MDO TH 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCD SW 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCD US 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MDO GR 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCD* MM 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCD TE 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCDUSD SW 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCDEUR EU 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MDO GZ 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCD AV 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MDO QT 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCDCHF EU 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCDUSD EU 46,199.8 (6,808.8) 675.4
MCDONALDS CORP MCD CI 46,199.8 (6,808.8) 675.4
MCDONALDS-CEDEAR MCD AR 46,199.8 (6,808.8) 675.4
MCDONALDS-CEDEAR MCDC AR 46,199.8 (6,808.8) 675.4
MCDONALDS-CEDEAR MCDD AR 46,199.8 (6,808.8) 675.4
MICHAELS COS INC MIK US 3,679.3 (1,587.4) 307.9
MICHAELS COS INC MIM GR 3,679.3 (1,587.4) 307.9
MONEYGRAM INTERN MGI US 4,383.6 (236.7) (129.5)
MONEYGRAM INTERN MGIUSD EU 4,383.6 (236.7) (129.5)
MONEYGRAM INTERN MGIEUR EU 4,383.6 (236.7) (129.5)
MONEYGRAM INTERN 9M1N TH 4,383.6 (236.7) (129.5)
MOTOROLA SOL-CED MSI AR 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MTLA GR 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MOT TE 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MSI US 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MTLA TH 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MSI1EUR EU 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MTLA GZ 9,974.0 (954.0) 955.0
MOTOROLA SOLUTIO MTLA QT 9,974.0 (954.0) 955.0
MSCI INC 3HM GR 3,425.1 (231.8) 556.1
MSCI INC MSCI US 3,425.1 (231.8) 556.1
MSCI INC MSCIUSD EU 3,425.1 (231.8) 556.1
MSCI INC 3HM QT 3,425.1 (231.8) 556.1
MSCI INC MSCI* MM 3,425.1 (231.8) 556.1
MSG NETWORKS- A MSGN US 844.6 (503.3) 205.5
MSG NETWORKS- A 1M4 GR 844.6 (503.3) 205.5
MSG NETWORKS- A MSGNUSD EU 844.6 (503.3) 205.5
MSG NETWORKS- A MSGNEUR EU 844.6 (503.3) 205.5
MSG NETWORKS- A 1M4 QT 844.6 (503.3) 205.5
MSG NETWORKS- A 1M4 TH 844.6 (503.3) 205.5
N/A BJEUR EU 5,226.7 (148.3) (330.7)
NATHANS FAMOUS NATH US 105.0 (65.1) 76.5
NATHANS FAMOUS NFA GR 105.0 (65.1) 76.5
NATHANS FAMOUS NATHEUR EU 105.0 (65.1) 76.5
NATIONAL CINEMED NCMI US 1,104.0 (110.5) 99.8
NATIONAL CINEMED XWM GR 1,104.0 (110.5) 99.8
NATIONAL CINEMED NCMIEUR EU 1,104.0 (110.5) 99.8
NAVISTAR INTL IHR TH 7,066.0 (3,852.0) 1,393.0
NAVISTAR INTL NAVEUR EU 7,066.0 (3,852.0) 1,393.0
NAVISTAR INTL NAVUSD EU 7,066.0 (3,852.0) 1,393.0
NAVISTAR INTL IHR QT 7,066.0 (3,852.0) 1,393.0
NAVISTAR INTL IHR GZ 7,066.0 (3,852.0) 1,393.0
NAVISTAR INTL NAV US 7,066.0 (3,852.0) 1,393.0
NAVISTAR INTL IHR GR 7,066.0 (3,852.0) 1,393.0
NEW ENG RLTY-LP NEN US 244.5 (38.0) -
NOTOX TECHNOLOGI NTOX US 0.7 (1.5) (2.0)
NOVAVAX INC NVAX US 189.4 (185.5) 68.7
NOVAVAX INC NVV1 GR 189.4 (185.5) 68.7
NOVAVAX INC NVV1 TH 189.4 (185.5) 68.7
NOVAVAX INC NVAXUSD EU 189.4 (185.5) 68.7
NOVAVAX INC NVV1 GZ 189.4 (185.5) 68.7
NOVAVAX INC NVAXEUR EU 189.4 (185.5) 68.7
NRC GROUP HOLDIN NRCG US 421.3 (42.4) 23.1
NRG ENERGY NRA TH 9,171.0 (1,629.0) 751.0
NRG ENERGY NRG US 9,171.0 (1,629.0) 751.0
NRG ENERGY NRA GR 9,171.0 (1,629.0) 751.0
NRG ENERGY NRA QT 9,171.0 (1,629.0) 751.0
NRG ENERGY NRGEUR EU 9,171.0 (1,629.0) 751.0
OMEROS CORP OMER US 89.8 (130.3) 25.3
OMEROS CORP 3O8 GR 89.8 (130.3) 25.3
OMEROS CORP OMERUSD EU 89.8 (130.3) 25.3
OMEROS CORP 3O8 TH 89.8 (130.3) 25.3
OMEROS CORP OMEREUR EU 89.8 (130.3) 25.3
ONDAS HOLDINGS I ONDS US 3.4 (25.7) (7.4)
OPTION CARE HEAL BIOS US 600.6 (75.2) 61.5
OPTION CARE HEAL BIOSUSD EU 600.6 (75.2) 61.5
OPTIVA INC RE6 GR 123.6 (21.4) 26.2
OPTIVA INC OPT CN 123.6 (21.4) 26.2
OPTIVA INC RKNEF US 123.6 (21.4) 26.2
OPTIVA INC RKNEUR EU 123.6 (21.4) 26.2
OPTIVA INC 3230510Q EU 123.6 (21.4) 26.2
PAPA JOHN'S INTL PZZA US 726.6 (60.6) (17.4)
PAPA JOHN'S INTL PP1 GR 726.6 (60.6) (17.4)
PAPA JOHN'S INTL PZZAEUR EU 726.6 (60.6) (17.4)
PAPA JOHN'S INTL PP1 GZ 726.6 (60.6) (17.4)
PHILIP MORRI-BDR PHMO34 BZ 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PM1 EU 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN 4I1 GR 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PM US 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PM1CHF EU 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN 4I1 TH 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PM1 TE 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PM1EUR EU 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PMI SW 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PMOR AV 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN 4I1 GZ 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PMIZ EB 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PMIZ IX 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN PM* MM 39,923.0 (9,409.0) (883.0)
PHILIP MORRIS IN 4I1 QT 39,923.0 (9,409.0) (883.0)
PLANET FITNESS-A PLNT1USD EU 1,523.5 (314.4) 298.7
PLANET FITNESS-A PLNT1EUR EU 1,523.5 (314.4) 298.7
PLANET FITNESS-A 3PL QT 1,523.5 (314.4) 298.7
PLANET FITNESS-A PLNT US 1,523.5 (314.4) 298.7
PLANET FITNESS-A 3PL TH 1,523.5 (314.4) 298.7
PLANET FITNESS-A 3PL GR 1,523.5 (314.4) 298.7
PRIORITY TECHNOL PRTH US 460.3 (100.6) 2.5
PROMETIC LIFE PFSCF US 140.6 (84.1) (2.1)
PROMETIC LIFE PLI CN 140.6 (84.1) (2.1)
PURPLE INNOVATIO PRPL US 99.7 (3.4) 17.7
QUANTUM CORP QNT2 GR 172.1 (202.5) (27.1)
QUANTUM CORP QMCO US 172.1 (202.5) (27.1)
QUANTUM CORP QTM1EUR EU 172.1 (202.5) (27.1)
RADIUS HEALTH IN RDUS US 244.3 (0.1) 175.1
RADIUS HEALTH IN RDUSUSD EU 244.3 (0.1) 175.1
RADIUS HEALTH IN 1R8 TH 244.3 (0.1) 175.1
RADIUS HEALTH IN RDUSEUR EU 244.3 (0.1) 175.1
RADIUS HEALTH IN 1R8 QT 244.3 (0.1) 175.1
RADIUS HEALTH IN 1R8 GR 244.3 (0.1) 175.1
REATA PHARMACE-A 2R3 GR 300.5 (33.5) 219.5
REATA PHARMACE-A RETAEUR EU 300.5 (33.5) 219.5
REATA PHARMACE-A RETA US 300.5 (33.5) 219.5
RECRO PHARMA INC REPH US 161.8 (18.7) 65.0
RECRO PHARMA INC RAH GR 161.8 (18.7) 65.0
REVLON INC-A RVL1 GR 3,066.0 (1,187.2) (33.9)
REVLON INC-A REVUSD EU 3,066.0 (1,187.2) (33.9)
REVLON INC-A RVL1 TH 3,066.0 (1,187.2) (33.9)
REVLON INC-A REVEUR EU 3,066.0 (1,187.2) (33.9)
REVLON INC-A REV US 3,066.0 (1,187.2) (33.9)
RH RH US 2,545.8 (247.4) (189.5)
RH RHEUR EU 2,545.8 (247.4) (189.5)
RH RH* MM 2,545.8 (247.4) (189.5)
RH RS1 GR 2,545.8 (247.4) (189.5)
RIMINI STREET IN RMNI US 124.2 (135.8) (110.6)
ROSETTA STONE IN RST US 181.5 (9.4) (71.2)
ROSETTA STONE IN RS8 GR 181.5 (9.4) (71.2)
ROSETTA STONE IN RST1EUR EU 181.5 (9.4) (71.2)
SALLY BEAUTY HOL S7V GR 2,072.3 (70.5) 719.4
SALLY BEAUTY HOL SBH US 2,072.3 (70.5) 719.4
SALLY BEAUTY HOL SBHEUR EU 2,072.3 (70.5) 719.4
SBA COMM CORP SBAC US 9,269.4 (3,339.3) (1,112.4)
SBA COMM CORP 4SB GR 9,269.4 (3,339.3) (1,112.4)
SBA COMM CORP SBACUSD EU 9,269.4 (3,339.3) (1,112.4)
SBA COMM CORP 4SB GZ 9,269.4 (3,339.3) (1,112.4)
SBA COMM CORP SBAC* MM 9,269.4 (3,339.3) (1,112.4)
SBA COMM CORP SBACEUR EU 9,269.4 (3,339.3) (1,112.4)
SBA COMM CORP SBJ TH 9,269.4 (3,339.3) (1,112.4)
SCIENTIFIC GAMES TJW GZ 7,932.0 (2,118.0) 852.0
SCIENTIFIC GAMES SGMS US 7,932.0 (2,118.0) 852.0
SCIENTIFIC GAMES TJW GR 7,932.0 (2,118.0) 852.0
SCIENTIFIC GAMES TJW TH 7,932.0 (2,118.0) 852.0
SEALED AIR CORP SEE US 5,216.5 (341.2) (10.8)
SEALED AIR CORP SDA GR 5,216.5 (341.2) (10.8)
SEALED AIR CORP SEE1EUR EU 5,216.5 (341.2) (10.8)
SEALED AIR CORP SDA TH 5,216.5 (341.2) (10.8)
SEALED AIR CORP SDA QT 5,216.5 (341.2) (10.8)
SHELL MIDSTREAM SHLXUSD EU 2,004.0 (767.0) 279.0
SHELL MIDSTREAM 49M GR 2,004.0 (767.0) 279.0
SHELL MIDSTREAM 49M TH 2,004.0 (767.0) 279.0
SHELL MIDSTREAM SHLX US 2,004.0 (767.0) 279.0
SIRIUS XM HO-BDR SRXM34 BZ 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN SIRI US 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN RDO GR 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN RDO TH 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN SIRIUSD EU 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN SIRI TE 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN SIRIEUR EU 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN RDO GZ 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN SIRI AV 11,316.0 (489.0) (2,182.0)
SIRIUS XM HOLDIN RDO QT 11,316.0 (489.0) (2,182.0)
SIX FLAGS ENTERT SIX US 2,938.1 (204.4) (66.6)
SIX FLAGS ENTERT 6FE GR 2,938.1 (204.4) (66.6)
SIX FLAGS ENTERT SIXEUR EU 2,938.1 (204.4) (66.6)
SIX FLAGS ENTERT SIXUSD EU 2,938.1 (204.4) (66.6)
SLEEP NUMBER COR SL2 GR 795.9 (157.3) (433.9)
SLEEP NUMBER COR SNBR US 795.9 (157.3) (433.9)
SLEEP NUMBER COR SNBREUR EU 795.9 (157.3) (433.9)
SPIRIT MTA REIT SMTA US 2,012.7 (24.6) -
STARBUCKS CORP SBUX* MM 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SRB GR 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SRB TH 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUX TE 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUXEUR EU 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUX IM 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUX US 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUXUSD SW 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUXUSD EU 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SRB GZ 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUX AV 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SRB QT 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUX SW 20,894.4 (4,319.0) 1,839.0
STARBUCKS CORP SBUX CI 20,894.4 (4,319.0) 1,839.0
STARBUCKS-BDR SBUB34 BZ 20,894.4 (4,319.0) 1,839.0
STARBUCKS-CEDEAR SBUX AR 20,894.4 (4,319.0) 1,839.0
STEALTH BIOTHERA S1BA GR 15.5 (175.3) (27.3)
STEALTH BIOTHERA MITO US 15.5 (175.3) (27.3)
SUNPOWER CORP S9P2 TH 1,938.9 (96.6) 240.6
SUNPOWER CORP SPWR US 1,938.9 (96.6) 240.6
SUNPOWER CORP S9P2 GR 1,938.9 (96.6) 240.6
SUNPOWER CORP SPWREUR EU 1,938.9 (96.6) 240.6
SUNPOWER CORP SPWRUSD EU 1,938.9 (96.6) 240.6
SUNPOWER CORP S9P2 GZ 1,938.9 (96.6) 240.6
SUNPOWER CORP S9P2 QT 1,938.9 (96.6) 240.6
TAILORED BRANDS TLRDEUR EU 2,765.5 (4.0) 291.4
TAILORED BRANDS WRM TH 2,765.5 (4.0) 291.4
TAILORED BRANDS TLRDUSD EU 2,765.5 (4.0) 291.4
TAILORED BRANDS TLRD US 2,765.5 (4.0) 291.4
TAILORED BRANDS WRM GR 2,765.5 (4.0) 291.4
TAILORED BRANDS TLRD* MM 2,765.5 (4.0) 291.4
TAUBMAN CENTERS TCO US 4,485.1 (324.0) -
TAUBMAN CENTERS TU8 GR 4,485.1 (324.0) -
TG THERAPEUTICS TGTX US 106.6 (599.7) 44.1
TG THERAPEUTICS NKB2 TH 106.6 (599.7) 44.1
TG THERAPEUTICS NKB2 GR 106.6 (599.7) 44.1
TRANSDIGM GROUP TDG US 17,702.6 (1,310.6) 4,030.6
TRANSDIGM GROUP T7D GR 17,702.6 (1,310.6) 4,030.6
TRANSDIGM GROUP TDG* MM 17,702.6 (1,310.6) 4,030.6
TRANSDIGM GROUP T7D TH 17,702.6 (1,310.6) 4,030.6
TRANSDIGM GROUP TDGUSD EU 17,702.6 (1,310.6) 4,030.6
TRANSDIGM GROUP T7D QT 17,702.6 (1,310.6) 4,030.6
TRANSDIGM GROUP TDGEUR EU 17,702.6 (1,310.6) 4,030.6
TRIUMPH GROUP TG7 GR 2,823.3 (557.9) 208.3
TRIUMPH GROUP TGI US 2,823.3 (557.9) 208.3
TRIUMPH GROUP TGIEUR EU 2,823.3 (557.9) 208.3
TUPPERWARE BRAND TUP US 1,428.5 (163.1) (110.8)
TUPPERWARE BRAND TUP GR 1,428.5 (163.1) (110.8)
TUPPERWARE BRAND TUP TH 1,428.5 (163.1) (110.8)
TUPPERWARE BRAND TUP1EUR EU 1,428.5 (163.1) (110.8)
TUPPERWARE BRAND TUP1USD EU 1,428.5 (163.1) (110.8)
TUPPERWARE BRAND TUP GZ 1,428.5 (163.1) (110.8)
TUPPERWARE BRAND TUP QT 1,428.5 (163.1) (110.8)
UNISYS CORP UISEUR EU 2,507.8 (1,213.7) 334.1
UNISYS CORP UIS EU 2,507.8 (1,213.7) 334.1
UNISYS CORP USY1 TH 2,507.8 (1,213.7) 334.1
UNISYS CORP USY1 GR 2,507.8 (1,213.7) 334.1
UNISYS CORP UIS US 2,507.8 (1,213.7) 334.1
UNISYS CORP UIS1 SW 2,507.8 (1,213.7) 334.1
UNISYS CORP USY1 GZ 2,507.8 (1,213.7) 334.1
UNISYS CORP USY1 QT 2,507.8 (1,213.7) 334.1
UNITI GROUP INC CSALUSD EU 4,790.4 (1,401.8) -
UNITI GROUP INC 8XC TH 4,790.4 (1,401.8) -
UNITI GROUP INC 8XC GR 4,790.4 (1,401.8) -
UNITI GROUP INC UNIT US 4,790.4 (1,401.8) -
VALVOLINE INC VVVUSD EU 2,000.0 (252.0) 389.0
VALVOLINE INC 0V4 GR 2,000.0 (252.0) 389.0
VALVOLINE INC 0V4 TH 2,000.0 (252.0) 389.0
VALVOLINE INC VVVEUR EU 2,000.0 (252.0) 389.0
VALVOLINE INC 0V4 QT 2,000.0 (252.0) 389.0
VALVOLINE INC VVV US 2,000.0 (252.0) 389.0
VECTOR GROUP LTD VGR US 1,455.2 (606.7) 80.4
VECTOR GROUP LTD VGR GR 1,455.2 (606.7) 80.4
VECTOR GROUP LTD VGREUR EU 1,455.2 (606.7) 80.4
VECTOR GROUP LTD VGRUSD EU 1,455.2 (606.7) 80.4
VECTOR GROUP LTD VGR TH 1,455.2 (606.7) 80.4
VECTOR GROUP LTD VGR QT 1,455.2 (606.7) 80.4
VERISIGN INC VRS TH 1,889.9 (1,425.2) 360.7
VERISIGN INC VRS GR 1,889.9 (1,425.2) 360.7
VERISIGN INC VRSN US 1,889.9 (1,425.2) 360.7
VERISIGN INC VRSN* MM 1,889.9 (1,425.2) 360.7
VERISIGN INC VRSNEUR EU 1,889.9 (1,425.2) 360.7
VERISIGN INC VRS GZ 1,889.9 (1,425.2) 360.7
VERISIGN INC VRS QT 1,889.9 (1,425.2) 360.7
VERISIGN INC-BDR VRSN34 BZ 1,889.9 (1,425.2) 360.7
W&T OFFSHORE INC UWV GR 867.8 (335.0) 43.5
W&T OFFSHORE INC WTI US 867.8 (335.0) 43.5
W&T OFFSHORE INC WTI1EUR EU 867.8 (335.0) 43.5
W&T OFFSHORE INC WTI1USD EU 867.8 (335.0) 43.5
W&T OFFSHORE INC UWV TH 867.8 (335.0) 43.5
WAYFAIR INC- A W US 2,182.1 (605.4) (276.6)
WAYFAIR INC- A 1WF QT 2,182.1 (605.4) (276.6)
WAYFAIR INC- A 1WF GR 2,182.1 (605.4) (276.6)
WAYFAIR INC- A WEUR EU 2,182.1 (605.4) (276.6)
WEIGHT WATCHERS WW US 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WW6 GR 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WTWUSD EU 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WW6 GZ 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WTW AV 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WTWEUR EU 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WW6 QT 1,476.3 (766.4) (66.1)
WEIGHT WATCHERS WW6 TH 1,476.3 (766.4) (66.1)
WIDEOPENWEST INC WOW US 2,458.9 (280.8) (108.7)
WIDEOPENWEST INC WU5 GR 2,458.9 (280.8) (108.7)
WIDEOPENWEST INC WOW1EUR EU 2,458.9 (280.8) (108.7)
WIDEOPENWEST INC WU5 QT 2,458.9 (280.8) (108.7)
WINGSTOP INC WING1EUR EU 150.0 (216.4) 9.6
WINGSTOP INC WING US 150.0 (216.4) 9.6
WINGSTOP INC EWG GR 150.0 (216.4) 9.6
WINMARK CORP GBZ GR 46.2 (13.8) 9.1
WINMARK CORP WINA US 46.2 (13.8) 9.1
WORKHORSE GROUP WKHS US 35.7 (45.0) (26.2)
WORKHORSE GROUP WKHSEUR EU 35.7 (45.0) (26.2)
WORKHORSE GROUP WKHSUSD EU 35.7 (45.0) (26.2)
WORKHORSE GROUP 1WO TH 35.7 (45.0) (26.2)
WORKHORSE GROUP 1WO GZ 35.7 (45.0) (26.2)
WORKHORSE GROUP 1WO GR 35.7 (45.0) (26.2)
WYNDHAM DESTINAT WYND US 7,466.0 (560.0) 335.0
WYNDHAM DESTINAT WD5 GR 7,466.0 (560.0) 335.0
WYNDHAM DESTINAT WD5 TH 7,466.0 (560.0) 335.0
WYNDHAM DESTINAT WYNUSD EU 7,466.0 (560.0) 335.0
WYNDHAM DESTINAT WD5 QT 7,466.0 (560.0) 335.0
WYNDHAM DESTINAT WYNEUR EU 7,466.0 (560.0) 335.0
YELLOW PAGES LTD YMI GR 418.5 (106.1) 82.7
YELLOW PAGES LTD YEUR EU 418.5 (106.1) 82.7
YELLOW PAGES LTD Y CN 418.5 (106.1) 82.7
YELLOW PAGES LTD YLWDF US 418.5 (106.1) 82.7
YUM! BRANDS -BDR YUMR34 BZ 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUM US 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC TGR TH 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC TGR GR 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUM* MM 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUMUSD SW 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUMUSD EU 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC TGR GZ 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUM AV 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC TGR TE 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUMEUR EU 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC TGR QT 4,674.0 (7,994.0) (64.0)
YUM! BRANDS INC YUM SW 4,674.0 (7,994.0) (64.0)
*********
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.
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S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA.
Jhonas Dampog, Marites Claro, Joy Agravante, Rousel Elaine
Tumanda, Valerie Udtuhan, Howard C. Tolentino, Carmel Paderog,
Meriam Fernandez, Joel Anthony G. Lopez, Cecil R. Villacampa,
Sheryl Joy P. Olano, Psyche A. Castillon, Ivy B. Magdadaro, Carlo
Fernandez, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2019. 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 ***