/raid1/www/Hosts/bankrupt/TCR_Public/220405.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, April 5, 2022, Vol. 26, No. 94
Headlines
212 EAST 72ND: Seeks Approval to Tap Leo Fox as Bankruptcy Attorney
317 NORTH CENTER: Rental Income to Fund Plan Payments
37 CALUMET: Amends Lender Secured Claim Pay Details
67 BROADWAY: Voluntary Chapter 11 Case Summary
AASTHA REAL ESTATE: Files for Chapter 11 Bankruptcy
ARROWHEAD FINANCIAL: Taps All American as Accountant
BAYOU POINTE: Hires The Panhandle Group as Independent Assessor
BELL AND ARTHUR: Wins Cash Collateral Access Thru June 1
BLACK RAIN: Voluntary Chapter 11 Case Summary
CADIZ INC: Incurs $31.2 Million Net Loss in 2021
CAMBER ENERGY: To File Amended Financial Statement With SEC
CHERRY MAN: U.S. Trustee Appoints Creditors' Committee
CHICAGOAN LOGISTIC: Amends Unsecured Claims Pay Details
CHURCHILL DOWNS: Moody's Affirms Ba3 CFR & Rates $900MM Notes B1
CNG HOLDINGS: S&P Downgrades ICR to 'CCC+', Outlook Stable
CORINTHIAN COMMUNICATIONS: Case Summary & Six Creditors
CYPRESS CREEK: Taps Feldman & Feldman as Special Counsel
DIGITAL BRANDS: Warns That It May Seek Bankruptcy Protection
DRALA MOUNTAIN: Wins Final Cash Collateral Access
DRO 15R LLC: Seeks to Hire Mark S. Roher P.A. as Bankruptcy Counsel
DSB CONSTRUCTION: Wins Cash Collateral Access Thru April 21
DUNCAN BURCH: Unsecured Claims to Recover 100% in Plan
ELDERHOME LAND: Reaches Settlement with Millenium Investment
ELITE TRANSPORTATION: Taps Mark Ayesh as Accountant
ENOVATIONAL CORP: Seeks Chapter 11 Protection
EPV MERGER: Moody's Cuts CFR to Caa1 & Secured 1st Lien Debt to B3
FINDLAY ESTATES: Wins Cash Collateral Access
FLORIDA HOMESITE: 95 Year Old Man Airs Objection to Plan
FOOTPRINT POWER: April 4 Deadline Set for Panel Questionnaires
FORGE REALTY: Case Summary & 10 Unsecured Creditors
FROZEN FOODS: Wins Cash Collateral Access Thru April 28
INNERLINE ENGINEERING: Seeks Continued Cash Collateral Access
INSULET CORP: S&P Alters Outlook to Positive, Affirms 'B' ICR
JINZHENG GROUP: Pennington Out as Committee Member
JRX TUNING: Wins Cash Collateral Access
K & L TRAILER: Trustee Submits Plan of Liquidation
MALACHI GROUP: Seeks to Hire Joyce W. Lindauer as Legal Counsel
MARRONE BIO: Incurs $16.6 Million Net Loss in 2021
MD HELICOPTERS: Tilton's Feud With Lenders May Ground Sale
MONTAUK CLIFFS: Taps Cullen and Dykman as Bankruptcy Counsel
MONTICELLO HORIZON: Taps Kalter Kaplan Zeiger as Special Counsel
N.G. PURVIS: Sunrise Cooperative Steps Down as Committee Member
NAHAUL INC: Unsecureds' Recovery Hiked to 25% in 60 Months
NEWS CORP: New Unsecured Debt No Impact on Moody's Ba1 CFR
NEXTPLAY TECHNOLOGIES: Boonyawattanapisut Reports 17.4% Stake
OAK PARENT: Moody's Affirms 'B3' CFR & Alters Outlook to Stable
PALACE THEATER: U.S. Trustee Unable to Appoint Committee
PINNACLE DRILLING: Seeks Chapter 11 Bankruptcy Protection
PORTOFINO TOWERS: Unsecureds Will Get 100% of Claims in 5 Years
PREMIER MODERN: Case Summary & One Unsecured Creditor
QUANTUM CORP: PIMCO Holds Warrants to Purchase 6.4M Common Shares
QUANTUM CORP: To Raise $67.5 Million in Rights Offering
REGIONAL HEALTH: Adjourns Special Meeting Until May 2
RESHAPE LIFESCIENCES: Incurs $61.9 Million Net Loss in 2021
RODAN & FIELDS: S&P Downgrades ICR to 'CCC', Outlook Negative
RUBY PIPELINE: S&P Lowers ICR to 'D' on Missed Principal Payment
SABINE STORAGE: Taps Parkins Lee & Rubio as Bankruptcy Counsel
SAFMAR FINANCIAL: S&P Lowers ICR to 'CC/C' Then Withdraws Rating
SEVEN THREE DISTILLING: Creditors to Get Paid from Sale Proceeds
SL GREEN: Moody's Assigns 'Ba1' CFR & Alters Outlook to Stable
STEELCASE INC: S&P Downgrades ICR to 'BB+', Outlook Stable
SUGARHOUSE HSP: Moody's Hikes CFR to B2, Outlook Stable
TELINTEL LTD: Unsecureds to Recover 13.5% via Quarterly Payments
THORNHILL BROTHERS: Gets Interim OK to Hire Gold Weems as Counsel
TRIBE BUYER: Moody's Lowers CFR to Caa2 & Alters Outlook to Stable
UWHARRIE CHARTER: Moody's Rates Series 2022A/2022B Bonds 'Ba2'
VOLUNTEER ENERGY: U.S. Trustee Appoints Creditors' Committee
WALKER SERVICE: Trustee Taps Joseph A. Broderick as Accountant
WEST PHILADELPHIA ACHIEVEMENT: S&P Affirms 'BB-' Rev. Bonds Rating
WESTBANK HOLDINGS: Taps Alvendia as Special Counsel
ZAYO GROUP: S&P Alters Outlook to Negative, Affirms 'B' ICR
ZIM CORP: Terminates Registration of Common Shares
[^] Large Companies with Insolvent Balance Sheet
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212 EAST 72ND: Seeks Approval to Tap Leo Fox as Bankruptcy Attorney
-------------------------------------------------------------------
212 East 72nd Street, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of New York to hire Leo Fox, Esq.,
a New York City attorney, to handle its Chapter 11 case.
Mr. Fox will render these services:
a. give advice to the Debtor with respect to its powers and
duties under the Bankruptcy Code;
b. prepare legal papers and appear before the bankruptcy
court;
c. meet with and negotiate with creditors and other parties
for a plan of reorganization, prepare the plan and disclosure
statement and attendant documents; and
d. perform all other necessary legal services.
The hourly rates charged by Mr. Fox and other attorneys and
paralegals at his firm are as follows:
Partners $450 per hour
Associate $275 per hour
Paralegal $75 per hour
The retainer fee is $14,000.
As disclosed in court filings, Mr. Fox neither represents nor holds
any interest adverse to the Debtor and its estate.
Mr. Fox holds office at:
Leo Fox, Esq.
630 Third Avenue - 18th Floor
New York, NY 10018
Tel: 212-867-9595
Email: leo@leofoxlaw.com
About 212 East 72nd Street
212 East 72nd Street, LLC owns and operates a townhome located at
212 East 72nd St., N.Y.
212 East 72nd Street filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
22-10351) on March 22, 2022, listing as much $50 million in both
assets and liabilities. Evanthia Koutis, member, signed the
petition.
Judge Lisa G. Beckerman oversees the case.
Leo Fox, Esq., a New York City attorney, represents the Debtor in
its Chapter 11 case.
317 NORTH CENTER: Rental Income to Fund Plan Payments
-----------------------------------------------------
317 North Center Avenue Building, LLC filed with the U.S.
Bankruptcy Court for the District of Montana a First Amended
Disclosure Statement describing Plan of Reorganization dated March
29, 2022.
The Debtor is a Montana limited liability company that was formed
in 2016. Its partners are Joan Stimson-Lawson and Archie Hopes. The
Debtor owns the Real Property, which consists of a single building
in Hardin, Montana.
Archie Hopes acquired the property prior to 2016 and transferred it
to the Debtor on or about September 13, 2016. The Debtor purchased
the property to rent to tenants and generate rental income.
Debtor's target market was, and remains, Brass Rail Tavern, LLC, a
single member LLC owned by Joan Stimson-Lawson. Debtor has leased
the Real Property since 2016 to Brass Rail, and Brass Rail is the
current tenant. Debtor has also attempted to lease the real
property to other restaurants without any success.
The Debtor's business operations consist of collecting rent on the
building located on the Real Property. Since the commencement of
this bankruptcy case, the Debtor has continued, and continues to,
lease the Real Property to Brass Rail pursuant to an oral lease
agreement. The Debtor anticipates it will continue to rent the
building and Real Property to Brass Rail during the pending of this
case and its Chapter 11 Plan under a triple net lease.
The total of the Debtor's liabilities are estimated at $182,920.71,
subject to the statements regarding the income tax obligations for
the Debtor and any court approved attorneys' fees and costs. These
obligations will be paid from the rental income from the Real
Property.
The Debtor has currently identified the Class III Creditor as an
unsecured claim in the amount of $9,112.79, and is disputed,
liquidated, and contingent for the reasons stated. The Class III
creditor is Big Horn County in the estimated amount of $34,852.43,
which includes post-petition interest and assumes a Confirmation
Date of May 24, 2022. The Class III creditor's claim will be
amortized over seven years from the Confirmation Date and with 10%
interest per annum.
The Class V creditor is the membership interest of Debtor's
partners, Archie Hopes and Joan Stimson-Lawson. They shall retain
their partnership interests and are unimpaired.
The Debtor will continue renting its building and Real Property
pending the satisfaction of the Class I, II, and III claims as
provided by the Plan, subject to the Court deciding or the parties
entering into a Stipulation related to the Class III Claim. A
statement of monthly cash flow for the time period January 1, 2022
through December, 2026 is appended. The cash flow demonstrates the
Debtor's ability to continue its operations through this time
period.
The feasibility of the Debtor's Plan of Reorganization is based on
continuing to lease the Real Property to Brass Rail and/or another
tenant with monthly payments equal to or exceeding $1,800 per month
under a triple net lease.
A full-text copy of the First Amended Disclosure Statement dated
March 29, 2022, is available at https://bit.ly/3JjmiXn from
PacerMonitor.com at no charge.
Attorney for Debtor:
James A. Patten, Esq.
Molly S. Considine, Esq.
Patten, Peterman, Bekkedahl & Green, PLLC
2817 2nd Avenue North, Ste. 300
P.O. Box 1239
Billings, MT 59103-1239
Telephone: (406) 252-8500
Facsimile: (406) 294-9500
Email: apatten@ppbglaw.com
mconsidine@ppbglaw.com
About 317 North Center Avenue Building
317 North Center Avenue Building, LLC filed a petition for Chapter
11 protection (Bankr. D. Mont. Case No. 21-10118) on Oct. 18, 2021,
listing as much as $500,000 in both assets and liabilities. Judge
Benjamin P. Hursh oversees the case.
Patten, Peterman, Bekkedahl & Green, PLLC and Red Tree CPAs serve
as the Debtor's legal counsel and accountant, respectively.
37 CALUMET: Amends Lender Secured Claim Pay Details
---------------------------------------------------
37 Calumet Street, LLC, submitted Second Amended Disclosure
Statement describing Amended Plan of Reorganization dated March 29,
2022.
Class I consists of the secured claim asserted by the Lender
against the Real Estate. The Claim in Class I will be impaired.
The note to the Class I creditor was dated May 7, 2019 in the
amount of $1,600,000 and matured on May 7, 2020. The Note to the
Lender will be rewritten with an interest rate of 5%, equal monthly
payments of $4,000 with a balloon payment due on January 30, 2024.
Like in the prior iteration of the Plan, The Class III unsecured
creditors will be impaired and paid a dividend of 1% upon
confirmation.
Class IV consists of the membership interest owned by Patricia
Hounsell in the Debtor. Patricia Hounsell will retain her 100%
membership interest in the Debtor and will not be impaired.
The Debtor will retain the Real Estate and will pay the obligations
due under this Plan from the present and future rental income.
The Debtor believes with its present monthly rental income it will
be able to make the ongoing payments under the Plan. Tenants have
applied for rental benefits from the City of Boston and which, when
received, will be paid to the Debtor to pay outstanding real
estate taxes to the City.
A full-text copy of the Second Amended Disclosure Statement dated
March 29, 2022, is available at https://bit.ly/3DzWoNL from
PacerMonitor.com at no charge.
Debtor's Counsel:
Gary W. Cruickshank, Esq.
21 Custom House Street
Suite 920
Boston, MA 02110
Tel: (617) 330-1960
E-mail: gwc@cruickshank-law.com
About 37 Calumet Street
37 Calumet Street LLC filed a voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No.
20-12253) on Nov. 19, 2020. The petition was signed by Patricia
Hounsell, its manager. At the time of filing, the Debtor disclosed
$1 million to $10 million in both assets and liabilities.
Judge Frank J. Bailey oversees the case.
Gary W. Cruickshank, Esq., serves as the Debtor's counsel.
67 BROADWAY: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: 67 Broadway Realty, LLC
66 Taillon Terrace
Closter, NJ 07624
Business Description: 67 Broadway Realty is a Single Asset Real
Estate debtor (as defined in 11 U.S.C.
Section 101(51B)).
Chapter 11 Petition Date: April 4, 2022
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 22-12713
Debtor's Counsel: David L. Stevens, Esq.
SCURA, WIGFIELD, HEYER, STEVENS & CAMMAROTA, LLP
1599 Hamburg Turnpike
Wayne, NJ 07470
Tel: 973-696-8391
E-mail: ecfbkfilings@scuramealey.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Sandra Jaquez as managing member.
The Debtor stated it has no creditors holding unsecured claims.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/66YGCQI/67_Broadway_Realty_LLC__njbke-22-12713__0001.0.pdf?mcid=tGE4TAMA
AASTHA REAL ESTATE: Files for Chapter 11 Bankruptcy
---------------------------------------------------
Aastha Real Estate Investments LLC has sought bankruptcy protection
in Pennsylvania.
According to court filing, Aastha Real Estate Investments estimated
between 1 and 49 unsecured creditors, including Alliance Servicing
LLC, BSI Financial Services, and Direct Access Capital LLC. Its
petition states that funds will be available to unsecured
creditors.
A meeting of creditors under 11 U.S.C. Sec. 341(a) is slated to be
held May 4, 2022 at 1:00 p.m. at Scranton, Pennsylvania.
About Aastha Real Estate
Aastha Real Estate Investment LLC is primarily engaged in
activities related to real estate.
Aastha Real Estate Investment LLC sought Chapter 11 bankruptcy
protection (Bankr. M.D. Penn. Case No. 22-00577) on March 31, 2022.
In the petition filed by Shatrughan Sinha, as sole member, Aastha
Real Estate Investment LLC listed estimated assets between $1
million and $10 million and estimated liabilities between $500,000
and $1 million. Philip W. Stock, Esq., of LAW OFFICE OF PHILIP W.
STOCK, is the Debtor's counsel.
ARROWHEAD FINANCIAL: Taps All American as Accountant
----------------------------------------------------
Arrowhead Financial ICT, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to employ All American
Accounting as its accountant.
The firm will be paid $250 for each tax return prepared and $50 for
each monthly sales tax return. The rate for accounting and
bookkeeping services is $50 per hour.
Bonnie Joyce Powell, a partner at All American Accounting,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Bonnie Joyce Powell
All American Accounting
700 S Main St.
El Dorado, KS 67042
Tel: (316) 322-7359/(316) 943-6060
About Arrowhead Financial ICT
Arrowhead Financial ICT, LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Kan. Case No.
22-10066) on Feb. 1, 2022, listing as much as $1 million in both
assets and liabilities. Judge Mitchell L. Herren oversees the
case.
Mark Lazzo, Esq., and Justin Balbierz, Esq., at Mark J. Lazzo, P.A.
serves as the Debtor's bankruptcy attorneys.
BAYOU POINTE: Hires The Panhandle Group as Independent Assessor
---------------------------------------------------------------
Bayou Pointe Villas, Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Florida to employ The Panhandle
Group as independent assessor.
The Debtor requires an assessor to determine an equitable
assessment to pay for remediation work done on the Bayou Pointe
Villas located at Business Highway 98, Panama City, Fla. The
services include:
1. interviewing the HOA officer or representative most
familiar with the work performed by the various contractors that
worked on the project;
2. obtaining detailed billing information from the initial
contractor on the project;
3. interviewing the superintendent in charge for the initial
contractor;
4. obtaining detailed billing from the follow-up contractor
who completed the project; and
5. interviewing the superintendent in charge for the
contractor who finished the project.
The firm will be paid at hourly rates ranging from $65 to $300 per
hour and will be reimbursed for out-of-pocket expenses incurred.
The retainer fee is $7,500.
Douglas Moore, Esq., a partner at The Panhandle Group, disclosed in
a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Douglas Moore, Esq.
The Panhandle Group
P.O. Box 19
Panama City, FL 32402
Tel: (850) 387-2345
Email: doug@thepanhandlegroup.com
About Bayou Pointe Villas
Bayou Pointe Villas, Inc., a tax-exempt 501(c) non-profit entity in
Panama City, Fla., filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Fla. Case No. 21-50111) on Nov.
12, 2021, listing $408,751 in assets and $2,216,188 in liabilities.
Jodi D. Dubose serves as Subchapter V trustee.
Judge Karen K. Specie oversees the case.
Michael A. Wynn, Esq., at Charles M. Wynn Law Offices, P.A. and
Tucker & Green, CPA serve as the Debtor's legal counsel and
accountant, respectively.
BELL AND ARTHUR: Wins Cash Collateral Access Thru June 1
--------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, has authorized Bell & Arthur Condominium
Association to use the cash collateral of Barrington Bank & Trust
Company, N.A., a Wintrust Community Bank, on an interim basis, only
to pay actual, ordinary and necessary operating expenses, for the
purposes and up to the amounts set forth in a budget, with a 10%
variance, through June 1, 2022.
The Debtor will provide adequate protection to Barrington by timely
making its regular monthly payments to Barrington under the note at
$1,169 per month. Barrington is authorized to take monthly payments
by autodebit from the Debtor's account at US Bank ending in x6304,
or a debtor-in-possession account that may be instituted by the
Debtor.
Barrington is granted additional adequate protection by a
replacement lien on future assessments in an amount equal to all
cash collateral that the Debtor uses.
A further hearing on the matter is scheduled for May 19 at 10:30
a.m.
A copy of the order is available at https://bit.ly/3qJ0rCc from
PacerMonitor.com.
About Bell and Arthur
Bell and Arthur Condominium Association, Inc. sought protection for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill.
Case No. 22-00410) on Jan. 13, 2022, listing as much as $1 million
in both assets and liabilities.
Judge Carol A. Doyle oversees the case.
William J. Factor, Esq., at FactorLaw, Ltd. serves as the Debtor's
legal counsel.
BLACK RAIN: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: Black Rain City Capital Investment LLC
2125 NW 155 St.
Miami Gardens, FL 33054
Business Description: The Debtor is engaged in activities related
to real estate.
Chapter 11 Petition Date: April 4, 2022
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 22-12622
Judge: Hon. Robert A. Mark
Debtor's Counsel: Peter Spindel, Esq.
PETER SPINDEL, ESQ., P.A.
P.O. Box 835063
Miami, FL 33283-5063
Tel: 786-355-4631
Email: peterspindel@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Eric Readon as CEO.
The Debtor failed to include in the petition a list of its 20
largest unsecured creditors.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/KL4JLZI/Black_Rain_City_Capital_Investment__flsbke-22-12622__0001.0.pdf?mcid=tGE4TAMA
CADIZ INC: Incurs $31.2 Million Net Loss in 2021
------------------------------------------------
Cadiz Inc. filed with the Securities and Exchange Commission its
Annual Report on Form 10-K disclosing a net loss and comprehensive
loss of $31.25 million on $564,000 of total revenues for the year
ended Dec. 31, 2021, compared to a net loss and comprehensive loss
of $37.82 million on $541,000 of total revenues for the year ended
Dec. 31, 2020.
As of Dec. 31, 2021, the Company had $112.49 million in total
assets, $71.88 million in total liabilities, and $40.61 million in
total stockholders' equity.
Cash used for operating activities totaled $15.3 million for the
year ended Dec. 31, 2021, and $13.4 million for the year ended
Dec. 31, 2020. The cash was primarily used to fund general and
administrative expenses related to its water development efforts
and agricultural development efforts.
Cash used for investing activities in the year ended Dec. 31, 2021,
was $23.5 million, compared with $9.8 million for the year ended
Dec. 31, 2020. The cash used in the 2021 period primarily related
to the Northern Pipeline acquisition totaling $19 million and
development costs for the initial planting of 760 acres of alfalfa.
The 2020 period included additions to its interests in SoCal Hemp
JV LLC, well development costs for three new wells and professional
water quality and structural testing of a five-mile segment of
pipeline.
Cash provided by financing activities totaled $51.2 million for the
year ended Dec. 31, 2021, compared with cash provided by financing
activities of $14.9 million for the year ended Dec. 31, 2020.
A full-text copy of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/727273/000143774922007512/cdzi20211231_10k.htm
About Cadiz Inc.
Founded in 1983 and headquartered in Los Angeles, California, Cadiz
Inc. -- http://www.cadizinc.com-- is a natural resources
development company dedicated to creating sustainable water and
agricultural opportunities in California. The Company owns 70
square miles of property with significant water resources in
Southern California and are the largest agricultural operation in
San Bernardino, California, where we have sustainably farmed since
the 1980s. The Company is also partnering with public water
agencies to implement the Cadiz Water Project, which was named a
Top 10 Infrastructure Project that over two phases will create a
new water supply for approximately 400,000 people and make
available up to 1 million acre-feet of new groundwater storage
capacity for the region.
Cadiz Inc. reported a net loss and comprehensive loss applicable to
common stock of $29.53 million for the year ended Dec. 31, 2019,
and a net loss and comprehensive loss of $26.27 million for the
year ended Dec. 31, 2018. As of Sept. 30, 2021, the Company had
$120.11 million in total assets, $72.99 million in total
liabilities, and $47.12 million in total stockholders' equity.
CAMBER ENERGY: To File Amended Financial Statement With SEC
-----------------------------------------------------------
The audit committee of the board of directors of Camber Energy,
Inc., after discussion with the staff of the Securities and
Exchange Commission, Company management and the Company's
accounting and legal advisors, concluded that between August 2016
and April 2021 any sales of the Company's Series C Convertible
Preferred Stock should not only have been classified in the
Company's financial statements outside of "permanent equity", as
stated in a previously filed Form 8-K filed on Sept. 16, 2021, but
should also have included a "derivative liability" based on a
seven-year dividend commitment associated with the Preferred Stock.
In April 2021 corrections and/or amendments to the Certificate of
Designation of the Preferred Stock were executed by the Company and
the holders of the Preferred Stock to remove terms that supported
classification outside of permanent equity and added terms to
support a classification as permanent equity.
As a result, the Company's financial statements for the periods
between the fiscal year ending March 31, 2017, through the quarter
ending Sept. 30, 2020, should no longer be relied upon. Similarly,
any previously furnished or filed reports, related earnings
releases, investor presentations or similar communications of the
Company describing the Company's financial results for the Impacted
Filings should no longer be relied upon.
Additionally, on March 25, 2022, the Audit Committee also
determined that the unaudited financial statements included in the
Company's Current Report on Form 8-K/A filed with the Securities
and Exchange Commission on Oct. 6, 2021, which disclosed
information regarding the acquisition of common stock of Viking
Energy Group, Inc. on Dec. 23, 2020, should no longer be relied
upon since the Audit Committee has determined that the Company
should account for the investment using the equity method of
accounting instead of using the acquisition accounting method.
The Company intends to file an amended Annual Report on Form 10-K/A
with restated financial statements for the years ended March 31,
2019 and March 31, 2020, and to file amended Quarterly Reports on
Form 10-Q/A with restated financial statements for the quarterly
periods ended June 30, 2020, and September 30, 2020, in each case
to reflect the appropriate accounting of the Preferred Stock
outside of permanent equity and a derivative liability based on a
seven-year dividend associated with the Preferred Stock.
About Camber Energy
Based in Houston, Texas, Camber Energy -- http://www.camber.energy
-- is primarily engaged in the acquisition, development and sale of
crude oil, natural gas and natural gas liquids from various known
productive geological formations, including from the Hunton
formation in Lincoln, Logan, Payne and Okfuskee Counties, in
central Oklahoma; the Cline shale and upper Wolfberry shale in
Glasscock County, Texas; and Hutchinson County, Texas, in
connection with its Panhandle acquisition which closed in March
2018.
Camber Energy reported a net loss of $8.61 million for the year
ended Dec. 31, 2020, compared to a net loss of $10.79 million for
the year ended Dec. 31, 2019. As of Sept. 30, 2020, the Company
had $11.79 million in total assets, $32.48 million in total
liabilities, $38 million in temporary equity, and a total
stockholders' deficit of $58.68 million.
Dallas, Texas-based Turner, Stone & Company, L.L.P., issued a
"going concern" qualification in its report dated Nov. 19, 2021,
citing that the Company has incurred significant losses from
operations and had an accumulated deficit as of March 31, 2020 and
2019. These factors raise substantial doubt about its ability to
continue as a going concern.
CHERRY MAN: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------
The U.S. Trustee for Region 16 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Cherry Man
Industries, Inc.
The committee members are:
1. De Well Container Shipping Inc.
Attn: Vicky Wei/Controller
5553 Bandini Blvd., Unit A
Bell, CA 90201
Telephone: (310) 735-8600
Email: vickyw@us.de-well.com
afierro@us.de-well.com
nqu@us.de-well.com
2. Orient International Holding Shanghai
Foreign Trade Co. Ltd (QX-Orient International)
Attn: Brian Mitteldorf, U.S. Agent
4340 Fulton Ave., Third Floor
Sherman Oaks, CA 91423
Telephone: (818) 523-6660
Facsimile: (818) 990-3904
Email: blm@cabcollects.com
3. Shanghai Lianying Import and Export Co., Ltd.
Attn: Jody Fei, General Manager
9th Floor, Building 35, no.6055 Jinhai Road,
Fengxian District, Shanghai, China
Telephone: +8613816238907, +8613916011008
Emails: jodyfei@163.com;
wenchaocyx@vip.163.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 Cherry Man Industries
Cherry Man Industries, Inc., a company in El Segundo, Calif.,
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
C.D. Calif. Case No. 22-11471) on March 17, 2022, listing $100
million to $500 million in assets and $10 million to $50 million in
liabilities. Frank Lin, president of Cherry Man Industries, signed
the petition.
The Law Offices of Michael Jay Berger serves as the Debtor's legal
counsel.
CHICAGOAN LOGISTIC: Amends Unsecured Claims Pay Details
-------------------------------------------------------
Chicagoan Logistic Company ("CLC") submitted a Fifth Amended Plan
of Reorganization for Small Business dated March 29, 2022.
CLC is affiliated with 2 other companies owned and operated by Mr.
Kaputluoglu, namely NaHaul Inc. and AJT Services Inc., both of
which are currently in Chapter 11 proceedings, under Subchapter V,
with the following case numbers: NaHaul case number 21-bk-7152 and
AJT case number 21-bk-12986. AJT was dismissed on March 7, 2022.
In order to maintain a continuous cash flow and consistent with the
general business practice in the trucking industry, the Debtor both
pre-petition and post-petition has entered into a Factoring
Agreement with Partners Funding, Inc. ("Partners Funding") wherein
the Debtor sells its accounts receivable to Partners Funding for an
immediate cash payment. Partners Funding does retain a contingent
security interest against the Debtor's assets, other than vehicles,
in the event the factoring company is unable to collect a
receivable. However, the historical experience that a receivable is
uncollectible is negligible.
The Debtor has certain secured creditors; namely, BMO Harris Bank
and Huntington Bank, with respect to certain trucks and trailers
that it operates. Debtor also operates several trucks and trailers
which it leases from AJT, Quality Leasing, and Slim Capital. Debtor
utilizes recording equipment which it leases from U.S. Bank
Equipment, secured by a Samsara camera equipment. Debtor also
operates a company vehicle secured by Mercedes Benz Financial
Services. Lastly, Fifth Third National Bank has a security interest
in a pre-petition bank account in connection with a PPP loan.
Because of the slowdown in the trucking industry, the Debtor has
still not returned to its pre pandemic profitability.
However, the Debtor believes that its monthly income and cash flow
will continue to grow post-pandemic and the Debtor will be able to
fund its monthly payments to its secured creditors; payment of the
rental fees to QL Titling Trust/Quality Leasing, AJT, and Slim
Capital, for each of the vehicles and trailer which the company
leases; and, an estimated 35% dividend to general unsecured
non-priority creditors through this Amended Plan of Reorganization
over a term of 60 months. Any cash reserves generated by the
Debtor's operations in excess of $10,000.00 over a quarterly period
during the pendency of the bankruptcy shall be distributed as an
excess dividend to general unsecured creditors.
Class 3 consists of General Unsecured Non-Priority Claims. General
Unsecured Non-Priority Claims aggregate approximately $918,979.26.
Allowed Class 3 claims shall be paid approximately $321,642.81
through pro rata distributions of deferred cash payments to holders
of allowed Class 3 Claims in sixty monthly installments. Monthly
payments will commence on July 1, 2022, and each month thereafter
through and including June 30, 2027.
In the first year of the Amended Plan, the Debtor shall make
payments equal to 10% of the entire dividend to be paid to
unsecured creditors over the life of the Amended Plan. In the 2nd
year of the Amended Plan, the Debtor shall make payments equal to
15% of the entire dividend to be paid to unsecured creditors. In
the 3rd year of the Amended Plan, the Debtor shall make payments
equal to 20% of the entire dividend to be paid to unsecured
creditors. In the 4th year of the Amended Plan, the Debtor shall
make payments equal to 25% of the entire dividend to be paid to
unsecured creditors. In the final year of the Amended Plan, the
Debtor shall pay 30% of the entire dividend to be paid to unsecured
creditors.
This Plan is self-executing. The Debtor shall not be required to
execute any newly created documents to evidence the claims, liens
or terms of repayment to the holder of an Allowed Claim.
The Plan shall be funded by proceeds from the Estate's available
cash, cash equivalents, and proceeds generated from Debtor’s
business income and cash flow. The Debtor projects that his cash
flow will be sufficient to make the Plan payments.
A full-text copy of the Fifth Amended Plan dated March 29, 2022, is
available at https://bit.ly/3j4H9mh from PacerMonitor.com at no
charge.
Attorneys for the Debtor:
Laxmi P Sarathy
3553 W. Peterson Ave., Suite 102
Chicago, Illinois 60659
Tel: (312) 674-7965
E-mail: L.sarathylaw@gmail.com
David R Herzog
53 West Jackson Blvd., Suite 1442
Chicago, Illinois 60604
Tel: (312) 427-1558
E-mail: drh@dherzoglaw.com
About Chicagoan Logistic Company
Chicagoan Logistic Company, an affiliate of NAHAUL, Inc., is a
Chicago-based company in the general freight trucking industry.
Chicagoan Logistic Company and NAHAUL filed Chapter 11 petitions
(Bankr. N.D. Ill. Case Nos. 21-07154 and 21-07152) on June 5, 2021.
The two cases are not jointly administered.
In the petition signed by Serkan B. Kaputluoglu, president,
Chicagoan Logistic Company disclosed total assets of up to $1
million and total liabilities of up to $10 million.
Judge Carol A. Doyle oversees Chicagoan Logistic Company's Chapter
11 case.
Chicagoan Logistic Company tapped David Herzog, Esq., at Herzog &
Schwartz, P.C. and Laxmi P. Sarathy, Esq., as bankruptcy counsel;
Romano Law, PLLC as special counsel; and Daniel Greenman & Co. as
accountant.
Buchalter, A Professional Corporation represents creditor, Partners
Funding. Vadim Serebro, Esq., serves as counsel to creditor, World
Global Capital LLC, doing business as Funderslink. ATX MCA Fund I,
LLC, also a creditor, is represented by The Magnozzi Law Firm, P.C.
Creditor BMO Harris is represented by Howard & Howard.
CHURCHILL DOWNS: Moody's Affirms Ba3 CFR & Rates $900MM Notes B1
----------------------------------------------------------------
Moody's Investors Service affirmed Churchill Downs Incorporated's
("CDI" or "Churchill") Ba3 Corporate Family Rating, Ba3-PD
Probability of Default Rating, along with its existing Ba1 senior
secured and B1 senior unsecured debt ratings. Churchill's SGL-2
Speculative Grade Liquidity rating is unchanged. The outlook is
stable.
Moody's assigned a B1 to CDI's proposed $900 million senior notes
due 2030. Proceeds from the proposed offering will be used to
partly finance the $2.485 billion acquisition of Peninsula Pacific
Entertainment LLC (P2E; B3 stable) and for general corporate
purposes, including payment of fees and expenses associated with
the transaction. The new rating assigned is based on the
transaction closing as described, including CDI successfully
obtaining an $800 million Delayed Draw Term Loan A and $1.2 billion
upsize of the revolver prior to the acquisition closing, both of
which will also be used to fund the acquisition of P2E. CDI expects
to close the transaction by the end of 2022.
On Feb. 22, 2022, CDI it entered into a definitive purchase
agreement to acquire substantially all the assets of P2E for total
consideration of $2.485B. CDI will acquire all P2E's assets in
Virginia and New York as well as the operations of its Sioux City
casino property. The transaction purchase price calculated by CDI
represents a multiple of less than 9.0x P2E's adjusted EBITDA based
on the company's calculation. Adjusted EBITDA includes the
incremental value from the recent opening and expansion of certain
of P2E's Virginia facilities and the incremental value that CDI
expects to realize from the acquisition of the development rights
related to historical horse racing in Virginia.
The affirmation considers that despite the increase in leverage
resulting from the acquisition – Moody's expects debt/EBITDA (pro
forma for the P2E acquisition and incorporating only earnings from
CDI's wholly-owned operations, excluding distributions received
from joint ventures) to remain within the 5.5x potential downgrade
factor. CDI will also benefit from the expanded scale and increased
geographic diversification. Pro forma revenue is about $2.0 billion
compared to about $1.5 billion and the company's footprint will
expand into three additional states – Virginia, New York, and
Iowa.
The acquisition is also consistent with CDI's asset strategy and
historical policy and practice of operating with relatively modest
leverage, and publicly stated willingness to target 3.0x to 4.0x
net debt-to-EBITDA (based on the company's calculation). This
translates to Moody's debt-to-EBITDA calculation of between 4.0x
and 5.0x. CDI is, however, willing to go higher for a strategic
investment, as evidenced with the P2E acquisition. Moody's expects
that CDI will reduce debt-to-EBITDA to below 5.0x within the next
18-month period through EBITDA growth in all its operating
segments. Prior to the pandemic, CDI's debt-to-EBITDA was
maintained at or below 4.0x. CDI's debt-to-EBITDA for the fiscal
year-ended Dec. 31, 2021 was higher than in the past. However, this
metric for fiscal-year 2021 was negatively affected by capacity
restrictions at the 2021 Kentucky Derby, which restrictions are not
expected to continue in fiscal 2022. CDI's publicly stated
consolidated proforma bank covenant leverage is expected to be
below 4.2x following the close of the P2E acquisition.
Another benefit of the acquisition includes an increase in CDI's
Historical Horse Racing (HHR) machines which are electronic slot
machine-like games that are a form of pari-mutuel legal horse
racing wagering that have performed well since they have been
introduced in Virginia and Kentucky. The acquisition will Increase
CDI's HHR machines to 5,750 from 3,050. P2E holds the only HHR
license in the State of Virginia. P2E also holds the rights to
establish up to 10 Satellite Wagering Facilities (SWF) allowed to
operate HHR machines. This provides CDI with the opportunity to
develop SWFs in any of the six additional approved jurisdictions
across Virginia, as well as other jurisdictions subject to future
referendums.
Several key risks were also considered. These include the highly
discretionary nature of consumer spending on gaming and horse
betting activities, particularly given inflationary and other
current economic concerns, along with the assumption that
competition from other forms of entertainment will begin to open
more fully that will put pressure on revenue growth and margins
throughout calendar 2022.
The transaction purchase price calculated by CDI represents a
multiple of less than 9.0x P2E's adjusted EBITDA. Adjusted EBITDA
includes the incremental value from the recent opening and
expansion of certain of P2E's Virginia facilities and the
incremental value that CDI expects to realize from the acquisition
of the development rights related to historical horse racing in
Virginia. The transaction closing is subject to customary closing
conditions, including CDI obtaining approvals from the Virginia
Racing Commission, the New York State Gaming Commission, and the
Iowa Racing and Gaming Commission.
The following ratings/assessments are affected by the action:
New Assignments:
Issuer: Churchill Downs Incorporated
Senior Unsecured Global Notes, Assigned B1 (LGD5)
Ratings Affirmed:
Issuer: Churchill Downs Incorporated
Corporate Family Rating, Affirmed Ba3
Probability of Default Rating, Affirmed Ba3-PD
Senior Secured Bank Credit Facility, Affirmed Ba1 (LGD2)
Senior Unsecured Regular Bond/Debenture, Affirmed B1 (LGD5)
Outlook Actions:
Issuer: Churchill Downs Incorporated
Outlook, Remains Stable
RATINGS RATIONALE
CDI's Ba3 Corporate Family Rating reflects the strong history,
popularity, and performance of the Kentucky Derby along with the
company's practice of operating with moderate leverage. Also viewed
favorably is the consistent and stable performance of TwinSpires,
the company's horse racing digital wagering platform.
Key credit concerns include the highly discretionary nature of
consumer spending on traditional gaming and betting activities in
general. The company has performed well despite the coronavirus.
However, continued pressure from efforts to contain the
coronavirus, potential for a slow longer-term recovery, and the
long-term fundamental challenges facing regional gaming companies
remain a risk, albeit to varying degrees, for CDI and other
regional gaming companies.The ratings also reflect that the company
is willing to increase leverage to accommodate strategic
investments. Development projects including CDI's plan to expand
HHR machines following the P2E acquisition present risk such as
construction costs and returns that are subject to market demand
and maintaining an appropriate operating cost structure. Moody's
expects CDI to generate sizable operating cash flow, but free cash
flow will be constrained in 2023 due to sizable planned capital
projects.
The coronavirus outbreak and the government measures put in place
to contain it continue to disrupt economies and credit markets
across sectors and regions. Although an economic recovery is
underway, continuation will be closely tied to containment of the
virus. As a result, a degree of uncertainty around Moody's
forecasts remains.
Moody's regards the coronavirus outbreak as a social risk under its
ESG framework, given the substantial implications for public health
and safety. The gaming sector has been one of the sectors most
significantly affected by the shock given its sensitivity to
consumer demand and sentiment. More specifically, CDI remains
vulnerable to a renewed spread of the outbreak. CDI also remains
exposed to discretionary consumer spending that leave it vulnerable
to shifts in market sentiment in these unprecedented operating
conditions.
Additional social risk for gaming companies includes evolving
consumer preferences related to entertainment choices and
population demographics that may drive a change in demand away from
traditional casino-style gaming. Younger generations may not spend
as much time playing casino-style games (particularly slot
machines) as previous generations. Data security and customer
privacy risk is elevated given the large amount of data collected
on customer behavior. In the event of data breaches, the company
could face higher operational costs to secure processes and limit
reputational damage.
Governance factors include targeting and maintaining a moderate
leverage level. The company's targeted net leverage is between 3.0x
and 4.0x (based on the company's calculation), but it would be
willing to go higher for strategic investments for a period of time
with the intention of getting back to the stated net leverage
targeted range. The company also pays a dividend that weakens free
cash flow and has authorized a $500 million share repurchase
program.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook considers the revenue and EBITDA growth at CDI's
online wagering segment, a trend Moody's believe will continue
despite the ongoing effects of the coronavirus pandemic. Moody's
also assumes in the stable outlook that CDI's gaming and horse
racing businesses will continue to operate without interruption or
capacity restrictions, that the company will generate sizable free
cash flow in 2022, and that development projects in 2023 will be
internally funded from operating cash flow with no meaningful
increase in debt..
An upgrade requires a high degree of confidence that the gaming
sector has returned to a period of long-term stability, positive
free cash flow and good liquidity, and debt-to-EBITDA (on a wholly
owned basis) sustained below 4.0x. The company would also need to
realize good returns on the sizable planned capital spending
programs.
A downgrade could result if revenue and earnings decline due to
renewed facility shutdowns, reduced visitation or increased
competition, the company realizes poor returns on the planned
capital investments, liquidity deteriorates, or debt-to-EBITDA (on
a wholly owned basis) is sustained above 5.5x.
The principal methodology used in these ratings was Gaming
published in June 2021.
CDI is a racing, online wagering and gaming entertainment company
that owns the Kentucky Derby along with brick-and-mortar casino
gaming in nine states. The company also owns and operates three
pari-mutuel gaming entertainment venues with approximately 3,050
historical racing machines in Kentucky, and owns and operates
TwinSpires, one of the largest and most profitable online wagering
platforms for horse racing, sports and iGaming in the U.S. and has
nine retail sportsbooks. The company is publicly traded
(NASDAQ:CHDN) and has annual net revenue of about $1.5 billion.
Revenue pro forma for the planned acquisition of Peninsula Pacific
Entertainment is approximately $2 billion.
CNG HOLDINGS: S&P Downgrades ICR to 'CCC+', Outlook Stable
----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on CNG Holdings
Inc. to 'CCC+' from 'B-'. The outlook is stable.
S&P also lowered its rating on CNG's senior secured notes to 'CCC'
from 'B-'. The recovery rating on the senior secured notes is '5',
indicating its expectation of a modest recovery (10%) in a
hypothetical default scenario.
S&P said, "The downgrade follows CNG's EBITDA interest coverage
declining to 0.6x for 2021, our previously cited threshold for a
downgrade. The company's revenue and EBITDA declined in 2021 as a
result of the wind-down of its California, Virginia, and Nebraska
portfolios, lower consumer demand due to government
pandemic-related stimulus, and credit quality starting to normalize
in fourth-quarter 2021. We believe the loss of the portfolio from
new state regulations is more permanent than lower originations
from the pandemic."
Positively, originations began picking up in the second half of
2021, and CNG made significant progress in expanding its online
installment bank product to more states, including states with
regulations capping consumer loan annual percentage rates (APRs) to
36% plus fees. That being said, EBITDA for the first six to nine
months of 2022 will likely continue to be depressed since the
provision for loan losses for new originations will hit
profitability immediately, but the revenue benefit could take a few
quarters to fully realize. Consumer credit quality also remains an
uncertainty for 2022. CNG began experiencing higher charge-offs and
delinquencies in fourth-quarter 2021, and EBITDA interest coverage
could remain below 1.0x if credit quality weakens materially.
S&P said, "We think CNG will maintain sufficient liquidity over the
next 12 months and renew its asset-backed facilities maturing in
2022, but weaker EBITDA and a potential deterioration in credit
quality could raise refinancing risk for the senior secured notes
due 2024.The company had $95 million of cash and cash equivalents
as of year-end 2021, and it is able to cut back on originations to
generate liquidity, if needed, as was observed in 2020. We also
believe CNG will renew its Fortress and SmartPay facilities
maturing in 2022. The TEMPOE facility due 2022 was paid off and
terminated after the sale of TEMPOE's technology and lending
platform in March 2022."
Regulatory risk remains significant for CNG. On top of winding down
its operations in California, Virginia, and Nebraska, the company
will have to exit New Mexico in 2023 because the state also passed
regulation that capped personal loan interest at 36% APR plus fees.
While CNG expanded its online installment bank product in 2021,
regulatory scrutiny or loss of the bank relationship could severely
impair the company's ability to make loans in certain states. The
Biden administration could also make regulatory changes that hurt
CNG and other consumer finance companies.
S&P said, "We lowered our recovery expectations on CNG's senior
secured notes in a simulated default scenario.While EBITDA could
recover somewhat in 2022, we expect it will remain below 2020
levels until 2023--at the earliest--and below pre-pandemic levels
for the foreseeable future, leading us to lower our estimate of the
EBITDA at emergence.
"The stable outlook is based on our expectation that, while CNG's
liquidity should be enough to sustain another 12 months of
operations, its EBITDA interest coverage could remain below 1.0x in
2022.
"We could lower the ratings over the next 12 months if CNG's
liquidity deteriorates, covenant cushions erode, or new,
unanticipated regulations pose challenges to its business model. We
could also lower the ratings if we think the company could have
difficulty refinancing its senior secured notes due 2024 or if it
executes exchange offers or debt restructuring on its senior
secured notes that we view as distressed.
"We could raise the ratings over the next 12 months if we think CNG
will sustain EBITDA interest coverage comfortably above 1.0x, while
maintaining good credit and stable operating performance. An
upgrade would also be contingent on low refinancing risk for the
senior secured notes due 2024.
"Our simulated scenario contemplates a default occurring in 2023 as
a result of weak financial performance, which impedes the company's
ability to generate cash flows to service the debt. We assume a
reorganization following the default, using an emergence EBITDA
multiple of 4.0x to value the company (its enterprise value at
emergence).
"We divide the enterprise value at emergence into two obligor
groups: Axcess Financial and WNLI Holdings. Using this approach, we
expect WNLI Holdings to fully exhaust its enterprise value on
repaying its non-recourse asset-backed facility (the SmartPay
facility). Therefore, our waterfall below will primarily focus on
the collateral value from Axcess Financial.
"We could lower our issue rating on the senior secured notes if our
expectation of recovery in a simulated default scenario were to
fall below 10%."
-- Simulated year of default: 2023
-- EBITDA at emergence: $40.7 million
-- EBITDA multiple: 4.0x
-- Net enterprise value (after 5% administrative costs): $154.7
million
-- Net enterprise value for Axcess Financial: $123.8 million
-- Priority claims for Axcess Financial: $93.8 million
-- Collateral value available to senior secured debt: $30.0
million
-- Total senior secured debt: $226.7 million
--Recovery expectations: 10% ('5' recovery)
Note: All debt amounts include six months of prepetition interest.
CORINTHIAN COMMUNICATIONS: Case Summary & Six Creditors
-------------------------------------------------------
Debtor: Corinthian Communications, Inc.
500 8th Avenue
New York, NY 10018
Chapter 11 Petition Date: April 4, 2022
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 22-10425
Debtor's Counsel: Eric H. Horn, Esq.
A.Y. STRAUSS LLC
101 Eisenhower Parkway, Suite 412
Roseland, NJ 07068
Tel: 973-287-5006
Fax: 973-226-4104
Email: ehorn@aystrauss.com
Total Assets: $356,461
Total Liabilities: $2,441,603
The petition was signed by Larry Miller as president.
A full-text copy of the petition containing, among other items, a
list of the Debtor's six unsecured creditors is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/3FO5JVI/Corinthian_Communications_Inc__nysbke-22-10425__0001.0.pdf?mcid=tGE4TAMA
CYPRESS CREEK: Taps Feldman & Feldman as Special Counsel
--------------------------------------------------------
Cypress Creek Emergency Medical Services Association seeks approval
from the U.S. Bankruptcy Court for the Southern District of Texas
to employ Feldman & Feldman, PC as special litigation counsel.
The Debtor needs the firm's legal assistance in connection with a
case (Cause No. 2020-61450) relating to its contractual dispute
with Harris County Emergency Services District No. 11. The case is
pending before the 55th Judicial District Court of Harris County,
Texas.
The hourly rates charged by the firm for its services are as
follows:
Partners $260 to $350 per hour
Associates $200 to $225 per hour
Paralegals $100 to $150 per hour
The firm will also seek reimbursement for out-of-pocket expenses.
George Vie, Esq., a partner at Feldman, disclosed in a court filing
that the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
George Vie, Esq.
Feldman & Feldman, PC
355 West Alabama St., Suite 1220
Houston, TX 77098
Tel: (713) 986-9471
Fax: (713) 986-9472
Email: george.vie@feldman.law
About Cypress Creek Emergency
Medical Services Association
Cypress Creek Emergency Medical Services Association is an
emergency medical service provider based in Spring, Texas.
Cypress Creek filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D. Texas Case No. 21-33733) on Nov.
18, 2021, listing as much as $10 million in both assets and
liabilities. Melissa A. Haselden serves as Subchapter V trustee.
Judge Christopher M. Lopez oversees the case.
The Debtor tapped Annie Catmull, Esq., at O'ConnorWesler, PLLC as
bankruptcy counsel and Feldman & Feldman, PC as special litigation
counsel. J. Patrick Magill of Magill, PC is the Debtor's chief
restructuring officer.
DIGITAL BRANDS: Warns That It May Seek Bankruptcy Protection
------------------------------------------------------------
Ben Unglesbee of Retail Diver reports that less than a year after
its IPO, Digital Brands warns it could file bankruptcy.
The DTC company is looking to grow sales and its brand stable, but
losses have expanded and it has warned it could suffer without
sufficient capital.
Digital Brands is chasing growth. At the same time, it is trying to
outrun financial distress.
The company disclosed in its 10-K that it may have to file for
bankruptcy protection, or seek other options, if the company cannot
come up with sufficient funds to run operations.
The bankruptcy language was not included in the company's most
recent prospectus or quarterly filings. Its latest S-1, as well as
the 10-K, included a "going concern" warning that it might not be
able to survive without sufficient capital.
Digital Brands -- which went public last May and owns Stateside,
Bailey 44 and other apparel brands -- reported that fourth quarter
revenue rose 425% to $4 million and annual revenue rose nearly 45%
to $7.6 million. Net losses also roughly tripled from the previous
year to $32.4 million in 2021.
The significant sales expansion last year included both
acquisitions and organic growth. The company said in its earnings
report that it experienced growth across all of its brands.
"We know that the hardest piece of growing a business is [going
from] zero to one, we've shifted through that," Hil Davis, Digital
Brands' CEO, said in a conference call Thursday. "And now we're
taking that momentum, and we're going to just continue to
accelerate it and move forward."
The direct-to-consumer specialist's model is based on acquisitions.
In January, the company struck a deal to acquire the women's
apparel brand Sundry — which is contingent on financing and other
closing conditions — after picking up Stateside last summer.
Ultimately the company aims to develop a platform to cross-sell to
consumers across its portfolio while expanding into beauty and home
goods as well.
But first it has to survive.
The company has been listed on S&P Global Market Intelligence's
list of most vulnerable retail companies. Digital Brands ended 2021
with a working capital deficit of $30.3 million. It had $528,395 in
cash, down from last year when the company was smaller. The company
also owes $6 million to a secured lender, which matures in
December.
In its 10-K, Digital Brands Group said it plans to use its equity
line of credit -- which it gained last year through a deal with
Oasis Capital -- to fund its operations through 2022.
However, Digital Brands said in its 10-K it might not be able to
draw on the credit line if its shares are delisted from the Nasdaq
stock exchange or trade below $3 for the five days ahead of a
draw-down. The company received a warning from Nasdaq in January
that it was out of compliance and could be delisted.
Digital Brands didn't respond to questions about capital
availability and listing status.
As for the company's operating losses, Davis said on the call that
they are primarily a result of Digital Brands' relatively small
revenue numbers, and that as the company's sales grow it will be
able to leverage its operating costs, thereby reducing its losses.
The risk for companies with constrained liquidity or capital
shortfalls is tightened terms by vendors trying to protect their
own finances. Without enough product to sell, growing revenue
becomes all the more difficult.
Vendors in the past have sued the company over nonpayment of goods.
In its 10-K, Digital Brands disclosed three lawsuits filed by
vendors in 2020 over nonpayment, two of which were settled and a
third ended in judgment against Digital Brands after it failed to
meet settlement terms. Another two lawsuits were filed by
third-party service providers, one of which was settled and another
is still active, and an investor filed suit seeking $100,000
reimbursement from before Digital Brands' IPO.
Another vendor lawsuit, filed in 2019 by DD Apparel and still
active, seeks damages over what the company said was nonpayment of
$21,000 worth of goods sold and accuses Digital Brands of
defamation and making misleading statements. Digital Brands has
filed its own suit against the vendor over alleged failure to
deliver goods, claims which DD Apparel's own lawsuit disputes.
Davis has financial troubles of his own. He filed for personal
bankruptcy in December. Digital Brands is listed among his
creditors, and documents show Davis has both repaid money to the
company and has a balance outstanding. A creditor has subpoenaed
Digital Brands in Davis' bankruptcy case, seeking detailed
documents related to all aspects of the company's financial
relationship with Davis, including any payments for living expenses
or child support.
Despite the company's financial struggles, it is still projecting
optimism about its future. The company said in March that its
e-commerce sales grew a record 776% in January and February while
wholesale grew 200%, though it didn't break out the growth from its
existing brands compared to growth via acquisitions. On the call
Thursday, Davis said the company's marketing spending has helped it
acquire new customers who are already showing a propensity to
repeat purchase.
"We're seeing success in every single brand we own," Davis said.
About Digital Brands
Digital Brands Group, Inc., provides apparel under various brands
on direct-to-consumer and wholesale basis.
DRALA MOUNTAIN: Wins Final Cash Collateral Access
-------------------------------------------------
The U.S. Bankruptcy Court for the District of Colorado has
authorized Drala Mountain Center, formerly known as Shambhala
Mountain Center, to use cash collateral on an final basis in
accordance with the budget, with a 20% variance.
The Debtor requires the use of cash collateral to make payroll and
pay other operating expenses, maintain its assets, or proceed with
its reorganization efforts.
Pursuant to a Consolidated Promissory Note, dated as of July 29,
2015, with an original principal balance of $4,150,000, the Debtor
made, executed and delivered to Wells Fargo Bank, National
Association Wells Fargo agreed to extend a loan to the Debtor
pursuant to the terms of the Prepetition Loan Documents. All
obligations of the Debtor arising under the Note are the
Prepetition Obligations. On May 11, 2021, the Prepetition Loan
Documents were assigned by Wells Fargo to RH Fund XXII, LLC (Red
Hills).
Red Hills' security interest in the cash collateral is (i)
adequately protected by Red Hills' equity cushion in its
prepetition collateral, and (ii) the Adequate Protection.
As additional adequate protection for the Debtor's use of cash
collateral, Red Hills (i) will receive monthly cash interest
payments of $5,000 from the Debtor, payable on the first business
day of each calendar month, and (ii) is granted replacement liens
on post-petition accounts receivable and postpetition inventory.
A copy of the order is available at https://bit.ly/3iLxykb from
PacerMonitor.com.
About Drala Mountain Center
Drala Mountain, formerly Shambala Mountain Center, is a Tibetan
Buddhist retreat and meditation hub in Colorado.
Drala Mountain sought Chapter 11 bankruptcy protection (Bankr. D.
Colo. Case No. 22-10656) on Feb. 28, 2022, listing up to $10
million in both assets and liabilities. Michael Gayner, executive
director, signed the petition.
Judge Joseph G. Rosania, Jr. oversees the case.
The Debtor tapped Ropes & Gray LLP as bankruptcy counsel, Markus
Williams Young & Hunsicker LLC as local counsel, and Cordes &
Company as financial advisor.
DRO 15R LLC: Seeks to Hire Mark S. Roher P.A. as Bankruptcy Counsel
-------------------------------------------------------------------
DRO 15R, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to employ the Law Office of Mark S.
Roher, P.A. to serve as legal counsel in its Chapter 11 case.
The firm's services include:
a. giving advice to the Debtor with respect to its powers and
duties and the continued management of its business operations;
b. advising the Debtor with respect to its responsibilities in
complying with the Office of the U.S. Trustee's Operating
Guidelines and Reporting Requirements and with the rules of the
court;
c. preparing legal documents;
d. protecting the interest of the Debtor in all matters pending
before the court;
e. representing the Debtor in negotiation with its creditors in
the preparation of a Chapter 11 plan.
The Law Office of Mark S. Roher will be paid an hourly fee of $500
and a retainer of $25,000. The firm will also receive reimbursement
for out-of-pocket expenses.
Mark Roher, Esq., disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Mark S. Roher, Esq.
Law Office Of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke Pines, FL 33028
Tel: (954) 353-2200
Email: mroher@markroherlaw.com
About DRO 15R
DRO 15R, LLC, a company in Miami Beach, Fla., filed its voluntary
petition for Chapter 11 protection (Bankr. S.D. Fla. Case No.
22-12017) on March 14, 2022, listing up to $50,000 in assets and up
to $50 million in liabilities. Raziel Ofer, manager, signed the
petition.
Judge Laurel M. Isicoff oversees the case.
Mark S. Roher, Esq., at the Law Office Of Mark S. Roher, P.A.
serves as the Debtor's legal counsel.
DSB CONSTRUCTION: Wins Cash Collateral Access Thru April 21
-----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Utah has authorized
DSB Construction, LLC to use cash collateral on an interim basis in
accordance with the budget for a period of 30 days or until the
entry of a final order on the motion, whichever occurs first.
The Debtor is authorized to accumulate funds to pay its business
operating expenses as they become due if not used in a particular
month.
The Debtor is also authorized to exceed the total budget amount by
no more than 10% in any given month on its fixed costs, with
supplier and subcontractor expenses being commensurate with its
monthly revenue.
The cash collateral is subject to a first position lien in favor of
Zions Bancorporation, National Association and a second position
lien in favor of the United States Small Business, pursuant to 11
U.S.C. sections 361 and 363. The Debtor intends to use the cash
collateral to fund payroll (prepetition, subject to the court's
approval, and postpetition), employee benefits, payroll expenses,
taxes, insurance, rent, general overhead, business operations,
subcontractor expenses, and restructuring and administrative costs
as set forth in the proposed monthly budget.
The Debtor proposes to provide adequate protection to the
Lienholders in the form of a replacement lien on postpetition
accounts receivable to the extent the Debtor collects and uses
prepetition accounts receivable, as well as ongoing monthly
payments to Zions Bank on its first position lien, and the SBA on
its second position lien, to be paid directly by the Debtor to the
Lienholders.
Since 2016, the Debtor has been the defendant in a lawsuit that has
severely strained the company's resources.
Also, the Debtor is a partner in a joint venture that recently
experienced significant losses on two large contracts with the
Federal Highway Administration. Furthermore, the business
conditions during the COV1D-19 pandemic have caused business
interruptions, increased materials and equipment costs, increased
labor costs and labor scarcity issues.
The combined effect of all of these factors has resulted in current
cash flow difficulties for the Debtor.
As of the Petition Date, the Debtor was current on its obligations
to Zions Bank, and no payments have yet become due to the SBA.
Unless modified by its bankruptcy-exit plan, the Debtor intends to
keep current on its obligations to Zions Bank and will commence
making payments to the SBA pursuant to the terms of the SBA Loan.
The Debtor also proposes to grant the Lienholders, in their same
respective position and priority, a replacement lien on all
postpetition accounts receivable to the extent the Debtor collects
and uses prepetition accounts receivable. The replacement lien will
be in addition to the liens held by the Lienholders on the Petition
Date.
The authorization to use cash collateral will terminate if (1) the
Debtor fails to comply with any of the requirements of the cash
collateral orders; (2) the Debtor's case is dismissed or converted;
or (3) the Debtor ceases ordinary course of business operations.
A final hearing on the matter is scheduled for April 21, 2022 at 2
pm.
A copy of the motion is available at https://bit.ly/3iKbJBC from
PacerMonitor.com.
A copy of the order and the Debtor's monthly budget is available at
https://bit.ly/3NFo73V from PacerMonitor.com.
The Debtor projects $350,000 in operating income and $265,000 in
total direct expenses.
About DSB Construction
DSB Construction, LLC is a government contractor with specialized
expertise in design-build horizontal and vertical construction. The
company started out as an 8(a) certified disadvantaged business
entity and has developed a relationship with various governmental
entities since 2001. DSB currently services contracts with various
government agencies that require specialized knowledge and
reporting. It currently services contracts with various government
agencies, including the Department of Defense, the National Park
Service and the U.S. Postal Service. In order to fulfill its
obligations under these ongoing contracts, DSB subcontracts with
other service providers and purchases materials from suppliers on
an ongoing basis.
DSB sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Utah Case No. 22-21040) on March 26, 2022. In the
petition signed by Lile M. Lavaki, president, the Debtor disclosed
$1,555,783 in asset and $4,893,048 in liabilities.
Judge Joel T. Marker oversees the case.
Mark C. Rose, Esq. at McKay, Burton, and Thurman, PC is the
Debtor's counsel.
DUNCAN BURCH: Unsecured Claims to Recover 100% in Plan
------------------------------------------------------
Duncan Burch, Inc. submitted a Plan and a Disclosure Statement.
The Plan provides for the Debtor's business to continue, the
liquidation of certain assets and the reorganization of the
Debtor's obligations.
Under the Plan, Class 3 General Unsecured Small Claims total
$4,824.71. The estimated number of holders are 8. The Holders of
Allowed Class 3 Claims will be paid and treated as follows:
(a) Each holder of a Class 3 Allowed Claim will receive
distributions equal to 100% of such Allowed Claim within 60 days
after the Effective Date.
(b) Any holder of an Allowed General Unsecured Trade Claim which
would otherwise be included in Class 4 may elect on its Ballot to
irrevocably reduce its Allowed Claim to $1,500 and to be treated as
a holder of a Class 3 Claim.
Class 3 will recover 100% of their claims. Class 3 is impaired.
Class 4 General Unsecured Trade Claims total $98,567. The
estimated number of holders are 7. The Holders of Allowed Class 4
Claims will be paid and treated as follows:
(a) Any Holder of an Allowed Class 4 Claim may elect to reduce
their Claim to $1,500 and to be treated as a Class 3 General
Unsecured Small Claim.
(b) Each Holder of a Class 4 General Unsecured Trade Claim that
does not elect to be treated as a Class 3 General Unsecured Small
Claim under 4.4(a) of the Plan will be paid and treated as
follows:
(i) From and after the Effective Date, all Allowed General
Unsecured Trade Claims will accrue interest at the Plan Rate until
paid in full.
(ii) Allowed General Unsecured Trade Claims will be paid in
full over 3 years in 12 substantially equal quarterly payments
beginning on the first day of the month following 30 days after the
Effective Date and continuing quarterly thereafter until fully
paid.
Class 4 will recover 100% of their claims. Class 4 is impaired.
Class 5 General Unsecured Insider Claims total $1,844,302. The
estimated number of holders are 3. Each Holders of a General
Unsecured Insider Claim, to the extent Allowed, shall be paid and
treated as may be agreed to by the Reorganized Debtor and the
applicable Holder of a General Unsecured Insider Claim; provided,
however, that no such General Unsecured Insider Claims will be
payable until all Allowed Administrative Claims, Priority Claims
and Claims held by Classes 1-4 have been fully satisfied according
to the terms of the Plan. Creditors will recover 100% of their
claims. Class 5 is impaired.
The obligations under the Plan will be funded by the operation of
the Reorganized Debtor's business.
Attorneys for Debtor:
J. Robert Forshey, Esq.
Lynda L. Lankford, Esq.
FORSHEY & PROSTOK LLP
777 Main St., Suite 1550
Ft. Worth, TX 76102
Telephone: (817) 877-8855
Facsimile: (817) 877-4151
E-mail: bforshey@forsheyprostok.com
llankford@forsheyprostok.com
A copy of the Disclosure Statement dated March 25, 2022, is
available at https://bit.ly/37YDSmh from PacerMonitor.com.
About Duncan Burch
Duncan Burch, Inc., operates bars, night clubs and other locations
that sell alcoholic drinks. Duncan Burch sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
19-41699) on April 29, 2019. At the time of the filing, the Debtor
estimated assets of less than $500,000 and liabilities of between
$1 million and $10 million. The case is assigned to Judge Edward
L. Morris. Forshey & Prostok, LLP, is the Debtor's counsel. Ryan
Law Firm, PLLC, is the special litigation counsel.
ELDERHOME LAND: Reaches Settlement with Millenium Investment
------------------------------------------------------------
ElderHome Land, LLC and Burtonsville Crossing, LLC submitted a
Disclosure Statement to First Amended Joint Plan of Reorganization
dated March 29, 2022.
ElderHome Land owns approximately 5.86+/- acres of commercial
property located in Montgomery County, and is the site of a
proposed senior housing project (the "ElderHome Land Property").
Burtonsville Crossing owns approximately 11 acres located in
Montgomery County, Maryland, next to the Burtonsville Crossing
Shopping Center (the "Burtonsville Crossing Property").
The "as is" value of the ElderHome Land Property based on an
appraisal completed on Nov. 2, 2021 is $8,875,000. The contract
for the sale of the Burtonsville Crossing Property to the Canaan
Christian Church is for $1,482,000.
Closing on the sale of the Burtonsville Crossing Property was
conditioned on the outcome of the appeal, so unless relief can be
obtained from the recent adverse decision of the Court of Appeals,
Burtonsville Crossing will have no choice but to market the
Burtonsville Crossing Property to a permitted use which could
include, among other things, two residential building lots,
farming, residential and day-care facility, radio facility,
landscaping business, religious assembly, kennel, a park, and
recreational center/fields. The value of the Burtonsville Crossing
Property for such permitted uses is estimated to be between
$800,000 and $1,000,000.00. Also, if it has no means to reverse the
adverse court ruling, Burtonsville Crossing will not be able to
recover any of the economic damages it has asserted against
Montgomery County.
The Debtors' principal assets consist of the Properties, which are
valued, in the aggregate, at between approximately $9,675,000.00
and $10,357,000.00, depending upon the outcome of the Burtonsville
Crossing litigation.
The Plan will be funded from a refinance of the Properties; the
sale of the Burtonsville Crossing Property; the recovery of
economic damages against Montgomery County in the RLUIPA
litigation; new value contributions from the Equity Interest
Holders on a monthly and quarterly basis, the Sale Transaction,
and/or the sale of the Properties, as more fully set forth in the
Plan.
Class 1 consists of the Secured Tax Claim of Montgomery County,
Maryland in the approximate amount of $8,312.20, together with
accrued interest at the legal rate. The Class 1 Secured Tax Claim
shall be paid by ElderHome Land upon a sale or refinance of the
ElderHome Land Property. This Class is Unimpaired.
Class 2 consists of the Secured Tax Claim of Montgomery County,
Maryland in the approximate amount of $5,188.85, together with
accrued interest at the legal rate. The Class 2 Secured Tax Claim
of Montgomery County, Maryland shall be paid by Burtonsville
Crossing upon a sale or refinance of the Burtonsville Land
Property. This Class is Unimpaired.
Class 3 consists of the Secured Claim of Millenium Investment
Group, LLC in the disputed amount of $4,982,108.68. The Class 3
Claim is secured by the Properties. The Debtors have disputed the
amount of the Class 3 Claim, but have since entered into a
settlement with MIG which provides for allowance of the Class 3
Claim in the amount of $3,350,000.00, except as otherwise provided
in the Plan (the "MIG Allowed Claim").
Except as otherwise provided in the Plan, the MIG Allowed Claim
shall be in the amount of $3,350,000. The MIG Allowed Claim shall
be discounted (i) to $2,900,000 if paid within 60 days from the
Effective Date of the Plan (the "Plan Payment Date"); or (ii) to
$3,100,000 if paid within 60 days of the Plan Payment Date (the
"Discount Termination Date"). This Class is Impaired.
Class 5 consists of General Unsecured Claims filed against and/or
scheduled by ElderHome Land in the amount of approximately
$24,945.00. In full and final satisfaction and discharge of each
Allowed Class 5 Claim, each Holder of an Allowed Class 5 Claim
shall receive payment on a pro-rata basis, in equal quarterly
installments of $3,125.00 per quarter, funded by new value
contributions made by one or more of the Holders of Equity Interest
in the Debtors. Class 5 is Impaired under the Plan.
Class 6 consists of General Unsecured Claims filed against and/or
scheduled by Burtonsville Crossing in the amount of approximately
$325.00. In full and final satisfaction and discharge of each
Allowed Class 6 Claim, each Holder of an Allowed Class 6 Claim
shall receive payment in full on the Effective Date through new
value contributions made by one or more of the Holders of Equity
Interest in the Debtors. Class 6 is Unimpaired under the Plan.
Class 7 Equity Interests in ElderHome Land shall be extinguished
upon the Effective Date, and new equity interests shall be issued
in the Reorganized Debtors ("New Interests"). The Equity Interest
Holders will purchase their New Interests in the Reorganized
Debtors, in part, by making new value contributions to the Plan in
the aggregate amount of up to $3,125.00 per quarter, to be used to
fund distributions to Holders of Class 5 Allowed General Unsecured
Claims, together with new value contributions in the aggregate
amount of up to $5,000 per month to cover ongoing operational
expenses of ElderHome Land, LLC and up to approximately $26,000.00
as and when needed to cover the cost of procuring additional
project entitlements for the ElderHome Land Property.
Class 8 Equity Interests in Burtonsville Crossing shall be
extinguished upon the Effective Date, and New Interests shall be
issued in the Reorganized Debtors. The Equity Interest Holders will
purchase their New Interests in the Reorganized Debtors, in part,
by making new value contributions to the Plan in the amount of
$325.00 on the Effective Date to fund distributions to Holders of
Class 6 Allowed General Unsecured Claims, together with new value
contributions in the aggregate amount of up to $5,000 per month to
cover ongoing operational expenses of Burtonsville Crossing, LLC.
The Debtors firmly believe that sufficient equity exists in the
Properties to pay all Allowed Claims in full, from one or more of
the following sources: (i) a refinance of the Properties; (ii) the
sale of the Burtonsville Crossing Property to Canaan Christian
Church; the recovery of economic damages against Montgomery County
in the RLUIPA litigation; the new value contributions to be made by
the Equity Interest Holders, and /or the sale of the Properties.
Furthermore, certain operating expenses, including property taxes,
insurance, US Trustee fees, and administrative expenses, will be
paid from the proceeds of the Sale Transaction to the extent
necessary.
The Burtonsville Crossing Property will be sold to Canaan Christian
Church pursuant to the existing contract thereon, which contract is
currently in litigation and on appeal before the U.S. Court of
Appeals for the Fourth Circuit. The Plan provides that if the MIG
Allowed Claim, together with MIG Interest, MIG Fees and MIG Costs,
has not been paid in full as of the first anniversary of the
Effective Date, the Burtonsville Crossing Property will be sold at
the Auction pursuant to the provisions set forth in the Plan.
Subject to MIG's right to credit bid and its right to object to a
sale proposed by the Debtors (other than a sale pursuant to the
existing contract with Canaan Christian Church), upon any arm's
length sale or refinance of the Burtonsville Crossing Property at
any time prior to the payment in full of the MIG Allowed Claim,
together with MIG Interest, MIG Fees and MIG Costs if closing on
such sale or refinance occurs after the Discount Termination Date,
at the closing on such sale or refinance, the net proceeds thereof,
after payment of all usual and customary closing costs and
commercially reasonable deductions, shall be paid to MIG as a
partial payment of the MIG Allowed Claim, together with MIG
Interest, MIG Fees and MIG Costs if closing on such sale or
refinance occurs after the Discount Termination Date.
A full-text copy of the Disclosure Statement dated March 29, 2022,
is available at https://bit.ly/3K9m5am from PacerMonitor.com at no
charge.
Counsel for the Debtors:
Steven L. Goldberg, Esq.
McNamee Hosea Jernigan Kim
Greenan & Lynch, P.A.
6411 Ivy Lane, Suite 200
Greenbelt, MD 20770
Telephone: 301-441-2420
Email: sgoldberg@mhlawyers.com
ElderHome Land and Burtonsville Crossing
Burtonsville Crossing, LLC, and ElderHome Land, LLC, sought
protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Md.
Lead Case No. 21-10492) on Jan. 25, 2021. At the time of the
filing, the Debtors had between $1 million and $10 million in both
assets and liabilities. Judge Maria Ellena Chavez-Ruark oversees
the cases. McNamee, Hosea, Jernigan, Kim, Greenan & Lynch, PA, and
Gordon & Simmons, LLC, serve as the Debtors' bankruptcy counsel and
special counsel, respectively.
ELITE TRANSPORTATION: Taps Mark Ayesh as Accountant
---------------------------------------------------
Elite Transportation, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Kansas to employ Mark Ayesh, a practicing
accountant in Wichita, Kans., to prepare its income tax returns.
Mr. Ayesh will charge $250 per hour for his services and will seek
reimbursement for out-of-pocket expenses.
As disclosed in court filings, Mr. Ayesh neither holds nor
represents any interest adverse to the Debtor and its bankruptcy
estate.
Mr. Ayesh holds office at:
Mark G. Ayesh
8100 E. 22nd St. N. 2300
Wichita, KS 67226
Tel: (316) 682-7381
About Elite Transportation
Elite Transportation, LLC, owner of a trucking operation in
Wichita, Kan., sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Kan. Case No. 22-10110) on Feb. 25, 2022. In the
petition signed by Crystal McCullough, manager, the Debtor
disclosed $439,913 in assets and $3,844,261 in liabilities.
Judge Mitchell L. Herren oversees the case.
Mark J. Lazzo, Esq., serves as the Debtor's bankruptcy attorney.
ENOVATIONAL CORP: Seeks Chapter 11 Protection
---------------------------------------------
Tristan Navera of Washington Business Journal reports that
Enovational Corp., a D.C. technology firm that counts the state of
Maryland as a major client, filed for Chapter 11 bankruptcy
protection.
This week saw the company lay off dozens and earn court approval to
erase a major downtown D.C. office lease it had signed just last
2021.
Founded in 2011, Enovational builds web portals and mobile apps for
Apple and Android phones, among other services, and lists the
Maryland Department of Transportation and the Maryland Department
of Information Technology as clients, according to the company's
website. The company has several ongoing contracts with Maryland's
IT department, health department and cannabis commission, according
to court filings.
Enovational CEO Vlad Enache did not respond to a request for
comment, nor did the company's attorneys, Maurice VerStandig and
Mahlon Mowrer of The Belmont Firm. The Maryland Department of
Information Technology also did not return a request for comment
— the agency named Enovational the co-winner of a $250 million IT
contract in 2020.
The company states in court filings that it believes it "may be
able to continue in its business if relieved of certain contractual
obligations and permitted to devote resources to collecting upon
certain debts owed by its customers." The company reported in court
filings $11.8 million in 2020 gross revenue, $22.3 million in 2021
and $2.8 million in 2022 from Jan. 1 through the date of the
bankruptcy filing.
In a hearing Tuesday before Judge Elizabeth Gunn, VerStandig and
Enache said the company's financial problems "escalated quickly"
and are tied to work orders with Maryland for which it has yet to
be paid. The company is in the process of appealing with the state
but in the meantime has a "very delicate" cash situation,
VerStandig said.
On Monday, April 4, 2022, Enovational laid off 43 of 130 employees
to lower overhead, VerStandig said during the hearing. The company
also filed a motion that would allow it to pay the salaries for 86
remaining employees.
"They are reliant on the government paying its bills when they come
due, which seems to be something we have run into a problem with,"
VerStandig said. Enache said some work orders have not been
executed on time and also cited a few contracts it expected to win
that are unlikely to come through. He testified the company has
about $20 million in accounts receivable, but only about $5 million
collectible right now. The company also works with Delaware,
Virginia and West Virginia.
Enovational signed a 10-year lease last June for 97,000 square feet
in Meridian Group's renovated 1400 L St. NW — one of the largest
downtown D.C. leases inked last year. A motion to reject the lease
was filed concurrently with the bankruptcy filing, according to
documents. Gunn ordered the lease rejected Wednesday, the day after
the hearing.
The Meridian Group confirmed in a statement that Enovational took
possession of the leased space and began its buildout, but did not
occupy the space. Sherry Millman of New York's Stroock & Stroock &
Lavan LLP, Meridian's legal counsel, said during the hearing it was
"blindsided" by the filing after having invested $2.5 million in
the buildout. She argued unsuccessfully for more time.
"It is a lease that cannot be afforded, period, hard stop,"
VerStandig said during the court hearing, noting a "mid- to
high-six-figure obligation every month" on the lease. Enache
testified that at the time it had signed the lease, it believed it
had enough work to afford the payments.
Enovational's website lists its headquarters as 1101 K St. NW,
however court documents indicate its occupancy there ran from March
2019 to November 2021. It lists $15.2 million in personal property
assets and $6.2 million in total liabilities, with 49 or fewer
creditors, according to court filings.
Its only secured creditor, according to the initial filing, is
Wells Fargo Bank N.A. with a claim of just shy of $3 million. Among
its unsecured creditors, per the filing, are Go 360 Cloud Private
Ltd. of India, owed $1.04 million, Silver Spring's Saovaluck Lim,
owed $340,000, D.C.'s Advanced Network Consulting, owed $300,000,
D.C.'s Vire Consulting, owed $250,000, and D.C.'s Svitlana Kushnir,
owed $240,000.
Marc E. Albert is listed as trustee, according to court filings.
Another hearing is set for April 21, 2022.
About Enovational Corp.
Enovational Corp. is a data-driven web and app development company
based in Washington, D.C.
Enovational Corp. sought Chapter 11 bankruptcy protection (Bankr.
D. Col. Case No. 22-00055) on March 26, 2022. In the petition
signed by Vlad Enache, as chief executive officer, Enovational
Corp. listed total assets of $15,169,413 and total liabilities of
$6,191,395. Maurice VerStandig, Esq., of THE BELMONT FIRM, is the
Debtor's counsel.
EPV MERGER: Moody's Cuts CFR to Caa1 & Secured 1st Lien Debt to B3
------------------------------------------------------------------
Moody's Investors Service downgraded the ratings of EPV Merger Sub
Inc. (dba EaglePicher Technologies), including the Corporate Family
Rating to Caa1 from B3 and Probability of Default Rating to Caa1-PD
from B3-PD. The senior secured first lien debt rating was
downgraded to B3 from B1 resulting from a higher expected loss on
that instrument in a distress scenario, while the senior secured
second lien debt rating was downgraded to Caa3 from Caa2. The
rating outlook is stable.
The downgrade of EaglePicher's CFR reflects Moody's view that
debt-to-EBITDA will be sustained at very high levels, likely
remaining above 8.0 times through the end of 2023. Moody's expects
that continued pressure on both topline growth and profit margin
will constrain the company's ability to meaningfully improve credit
metrics.
Downgrades:
Issuer: EPV Merger Sub Inc.
Corporate Family Rating, Downgraded to Caa1 from B3
Probability of Default Rating, Downgraded to Caa1-PD from B3-PD
Gtd Senior Secured 1st Lien Term Loan, Downgraded to B3 (LGD3)
from B1 (LGD3)
Gtd Senior Secured Multi Currency Revolving Credit Facility,
Downgraded to B3 (LGD3) from B1 (LGD3)
Gtd Senior Secured 2nd Lien Term Loan, Downgraded to Caa3 (LGD5)
from Caa2 (LGD5)
Outlook Actions:
Issuer: EPV Merger Sub Inc.
Outlook, Remains Stable
RATINGS RATIONALE
EaglePicher's ratings reflect its solid track record as a supplier
of long lived and highly reliable batteries for critical
applications in the aerospace and defense (A&D) industry. Moody's
evaluation of the company contemplates the ongoing operations of
A&D, which benefit from good profit margin and significant revenue
visibility, especially from long-term government contracts.
However, EaglePicher also has small scale. Moody's expects revenue
for 2022 will be in the range of $220 - $230 million, effectively
flat from the LTM period ended September 30, 2021.
EaglePicher's adjusted debt-to-LTM EBITDA is also very high at 9.0
times at September 30, 2021 and Moody's expects it will remain
above 8.0 times at the end of 2022. However, Moody's expects the
company to have moderately positive free cash flow of about $5 -
$10 million for 2022.
Moody's expects EaglePicher's liquidity to be adequate over the
next twelve months owing to revolver availability and Moody's
expectation for a modest amount of free cash flow in 2022. Moody's
expects that the company will maintain a modest cash balance and
ample availability on its revolving credit facility. Required
amortization of only $4.25 million per year on the first lien term
loan and limited maintenance capital expenditure requirements help
support free cash flow.
The stable outlook reflects Moody's expectation that EaglePicher
will have no deterioration in topline or margin performance while
generating moderately positive free cash flow in 2022. Also,
liquidity will remain at least adequate and debt-to-EBITDA will
gradually approach 8.5 times by the end of 2022.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if there is a material
deterioration in liquidity involving either negative free cash flow
or increasing revolver reliance. In addition, if the company loses
a large program or prospects for a default increase the ratings
could be downgraded.
The ratings could be upgraded if debt-to-EBITDA is expected to be
sustained below 6.0 times and EBIT-to-interest is expected to be
sustained above 1 time. The company would also be expected to
maintain at least adequate liquidity for an upgrade.
The principal methodology used in these ratings was Aerospace and
Defense published in October 2021.
EPV Merger Sub Inc. (dba EaglePicher Technologies) is a provider of
specialty power solutions for mission-critical applications with a
high cost of failure. Production is focused on the aerospace &
defense and medical markets. Product applications include missiles,
satellites, directed energy weapons, and implantable medical
devices. The company has been owned and controlled by the sponsor
GTCR, LLC since March 2018.
FINDLAY ESTATES: Wins Cash Collateral Access
--------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York has
authorized Findlay Estates, LLC to use cash collateral on an
interim basis in accordance with the budget, with a 5% variance.
The Debtor is permitted to use cash collateral until the earlier of
(i) 11:59 p.m. EST on the date of a final hearing on the Debtor's
request, (ii) the termination of the Debtor's authorization to use
cash collateral under the terms hereof, and, in any case, upon such
other date as may be determined by the Court or consented to by the
Debtor and its lender, and (iii) the consummation of a foreclosure
of the Debtor's property by the Lender.
The final hearing is scheduled for May 6, 2022 at 10 a.m.
PFSS 2020 Holding Company LLC, an assignee, holds a mortgagee
security interest upon the Property with a claim of approximately
$6,213,237 in principal plus interest and charges.
The parties are involved in a foreclosure action pending before the
Southern District of New York. On October 7, 2021, the Secured
Creditor stipulated to withdraw its claim for personal liability
against the Debtor and the guarantor, without prejudice. On
September 28, a default judgment for $7,136,000 was entered against
the Debtor. On October 7, the District Court appointed a Receiver
who has not taken possession of the Property. On November 16, the
Debtor filed a Petition under Chapter 11 of the Bankruptcy Code.
As of the Petition Date, the Lender alleges it was owed in excess
of $7,136,915.
The Debtor may use cash collateral for repairs to bring the
buildings up to code and clear violations as identified in the
Budget only under certain terms and provisions which are set forth
in the Order appointing Rockland New York Management Corp. The
Debtor's use of cash collateral in contravention of the terms of
the Rockland Retention Order will permit the Lender to seek
termination of use of cash collateral under the terms hereof. If
the form of the Rockland Retention Order dictating the Debtor's use
of cash collateral to pay for repairs concerning violations is not
approved by the Lender or the Court, on notice to the Lender, or if
the Rockland Retention Order is revoked, then the Debtor will not
be entitled to spend cash collateral to perform such repairs
without the express written consent of the Lender or further Court
order.
As adequate protection for the Debtor's use of cash collateral, the
Lender is granted liens holding the same validity and priority as
the Lender's liens on the Petition Date, for which no further
action is required to perfect, on all present and after-acquired
personal and real property of the Debtor.
As additional adequate protection of the Lender's interests in the
cash collateral, the Lender is granted a super-priority
administrative claim pursuant to Section 507(b) of the Bankruptcy
Code to the extent that the other forms of adequate protection
granted under the Order are insufficient to adequately protect
Lender from any diminution in the Lender's interest in cash
collateral as of the Petition Date. The Lender's super-priority
administrative claim will have priority over any and all other
indebtedness, liabilities, and obligations of the Debtor, and over
all administrative expenses or priority claims of any kind under
the Bankruptcy Code.
A copy of the order is available at https://bit.ly/3uErKP1 from
PacerMonitor.com.
About Findlay Estates
Findlay Estates, LLC owns and operates a 27-unit residential rental
building located at 1056-1064 Findlay Ave., Bronx, NY. Findlay
Estates filed its voluntary petition for relief under Chapter 11 of
the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 21-22647) on Nov. 16,
2021, listing as much as $10 million in both assets and
liabilities. Sheindy Grunhut, sole member-manager, signed the
petition.
Judge Robert D. Drain oversees the case.
Leo Fox, Esq., an attorney practicing in New York, serves as the
Debtor's legal counsel.
FLORIDA HOMESITE: 95 Year Old Man Airs Objection to Plan
--------------------------------------------------------
Interested party Arthur Polacheck filed an objection to
confirmation of the Chapter 11 Plan of Florida Homesite Developers,
LLC.
Interested Party files this Objection in an abundance of caution to
state its claim against the Debtor in the event that the Debtor is
substantively consolidated with its predecessor-in-interest, Stone
Ridge Development of Sebring, LLC ("Stone Ridge").
Interested Party, whose age is 95, made 7 loans to Stone Ridge
totaling $730,000 during the period September 2015 through April
2017, all of which are in default.
At the time these loans were made, Stone Ridge's assets consisted
of a residential subdivision project with more than 160 platted
lots in Sebring, Florida.
In January, 2018, the Debtor purchased these lots from Stone Ridge
in a transaction which left Stone Ridge without any valuable
assets.
The purchase and sale transaction was in reality a cash out
refinance which provided more than $800,000 to the Debtor and was
structured by Frank Aloia, Esquire, the Debtor's non-bankruptcy
attorney.
From the $800,000 received by the Debtor at the 2018 closing, the
Debtor paid approximately $152,000 in past due interest to
Interested Party, leaving a balance due on the loans made by
Interested party to Stone Ridge.
The Debtor's payment to Interested Party shows that the Debtor was
essentially operated as the same company as its
predecessor-in-interest.
Creditor McKenna Realty, LLC filed a motion for substantive
consolidation which was dismissed with leave to amend on or before
April 8, 2022.
If the substantive consolidation motion is granted and Interested
Party proves its claim for more than $1 million in unpaid principal
and accrued unpaid, the claims of all unsecured creditors will be
impaired.
If Debtor's Plan of Confirmation is approved, Interested Party will
be severely prejudiced by having sums distributed to other
unsecured creditors before the Court determines whether Debtor's
predecessor-in-interest will be substantively consolidated with the
Debtor and Interested party will be able to file a Proof of Claim
within the unsecured creditor class.
Counsel for the Arthur Polacheck:
Jeffrey M. Siskind, Esq.
SISKIND LEGAL, PLLC
3465 Santa Barbara Drive
Wellington, Florida 33414
Tel: (561) 791-9565
Fax: (561) 791-9581
E-mail: jeffsiskind@msn.com
jeffsiskind@gmail.com
About Florida Homesite Developers
Florida Homesite Developers, LLC, a company based in Delray Beach,
Fla., filed its voluntary petition for Chapter 11 protection
(Bankr. S.D. Fla. Case No. 21-14081) on April 28, 2021, listing as
much as $10 million in both assets and liabilities. Valerie
Johnson, managing member, signed the petition.
Judge Mindy A. Mora oversees the case.
Susan D. Lasky, Esq., serves as the Debtor's legal counsel.
FOOTPRINT POWER: April 4 Deadline Set for Panel Questionnaires
--------------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of Footprint Power Salem
Development LP, ET AL.
A party interested to be considered for membership on any official
committee that is appointed was required to complete a
questionnaire available at https://bit.ly/3u2AFKV and return by
email it to Linda Casey -- linda.casey@usdoj.gov -- and Joseph
Cudia -- joseph.cudia@usdoj.gov -- at the Office of the United
States Trustee to be received no later than 4:00 p.m., on April 4,
2022.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About Footprint Power Salem Development LP
Footprint Power Salem Development LP is a natural gas company based
in Salem, Massachusetts.
Footprint Power Salem Development LP sought Chapter 11 bankruptcy
protection (Bankr. D. Del. Case No. 22-10239) on March 23, 2022.
In the petition filed by CRO John R. Castellano, Footprint Power
estimated assets between $500 million and $1 billion and
liabilities between $500 million and $1 billion.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and Young Conaway
Stargatt & Taylor, LLP, serve as the Debtors' co-counsel.
AlixPartners' AP Services LLC has provided John Castellano to serve
as the Salem Harbor Companies' chief restructuring officer. Prime
Clerk LLC is the claims agent.
FORGE REALTY: Case Summary & 10 Unsecured Creditors
---------------------------------------------------
Debtor: Forge Realty LLC
124-18 Queens Blvd
123-32 82nd Avenue
Kew Gardens, NY 11415
Business Description: The Debtor is the owner of a commercial
condominium located at 123-32 82nd Avenue
Kew Gardens, New York with a current value
of $1.2 million.
Chapter 11 Petition Date: April 4, 2022
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 22-40707
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Bruce Weiner, Esq.
ROSENBERG MUSSO & WEINER, LLP
26 Court Street
Suite 2211
Brooklyn, NY 11242
Tel: 718-855-6840
Fax: 718-625-1966
Email: courts@nybankruptcy.net
Total Assets: $1,200,000
Total Liabilities: $4,217,464
The petition was signed by John Pappas as managing member.
A full-text copy of the petition containing, among other items, a
list of the Debtor's 10 unsecured creditors is available for free
at PacerMonitor.com at:
https://www.pacermonitor.com/view/XXSP7RQ/Forge_Realty_LLC__nyebke-22-40707__0001.0.pdf?mcid=tGE4TAMA
FROZEN FOODS: Wins Cash Collateral Access Thru April 28
-------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York has
authorized Frozen Foods Partners, LLC, d/b/a Gourmet Express, LLC,
d/b/a Gourmet Express, to continue using cash collateral on an
interim basis through April 28, 2022, in an aggregate amount not to
exceed, at any time, $4,613,832.
As previously reported by the Troubled Company Reporter, Jeff
Lichtenstein, the Chief Executive Officer of Frozen Foods, told the
Court in February the collateral is subject to the first priority
lien and security interest of Iron Horse Credit LLC.
The Court said all other terms set forth in the previous interim
orders are reaffirmed and will continue in full force and effect.
The Debtor's lender will continue to be entitled to all of the same
rights, liens, priorities and protections provided for under the
Interim Order, as amended by the First Amended Interim Order, the
Second Amended Interim Order, the Third Amended Interim Order, the
Fourth Amended Interim Order, the Fifth Amended Interim Order, the
Sixth Amended Interim Order, the Seventh Amended Interim Order, the
Eighth Amended Interim Order, and this Ninth Amended Interim Order,
the Credit Agreement, and Loan Documents.
The Court also said the terms and provisions of the Tenth Amended
Interim Order will be valid and binding upon the Debtor, all
creditors of the Debtor and all other parties-in-interest from and
after the date of the entry of the Eighth Amended Interim Order by
the Court, will continue in full force and effect, and will survive
entry of any such other order, including without limitation, any
order converting one or more of the Cases to any other chapter
under the Bankruptcy Code, or dismissing one or more of the Cases.
A further cash collateral hearing is scheduled for April 28 at 10
a.m.
A copy of the order and the Debtor's budget from March 28 to April
25, 2022 is available at https://bit.ly/3iKBpxZ from
PacerMonitor.com.
The budget provided for total expenses, on weekly basis, as
follows:
$203,850 for the week starting March 28, 2022;
$90,924 for the week starting April 4, 2022;
$109,961 for the week starting April 11, 2022;
$311,573 for the week starting April 18, 2022; and
$249,266 for the week starting April 25, 2022.
About Frozen Foods Partners, LLC
Frozen Foods Partners, LLC is a Delaware limited liability company,
which was established in 2015. Frozen Foods is a consumer products
company engaged in the production, distribution and marketing of
frozen skillet meals under multiple consumer brands. It offers a
diversified portfolio of frozen products including meal kits,
skillet meals, combination of proteins, sauces, pastas and
vegetables, Asian and Mediterranean cuisines, as well as authentic
Latin specialties. Its products offer a quality dining solution for
working families and young adults. Its brands include Gourmet
Dining, Rosetto, La Sabrosa, and Tru Earth, which can presently be
found in many retailers, including Associated Grocers and
SuperValu, as well as private label brands.
Frozen Foods is a privately owned limited liability company.
Genesis Merchant Partners LP and Genesis Merchant Partners II LP
collectively own approximately 72% of the membership equity in
Frozen Foods. Several Class A Preferred members own 28.6% of
Frozen Foods.
Frozen Foods sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 21-11897) on November 1,
2021. In the petition signed by Jeffrey Lichtenstein as chief
executive officer, the Debtor disclosed up to $10 million in both
assets and liabilities.
Judge Martin Glenn oversees the case.
Adam P. Wofse, Esq., at LaMonica Herbst and Maniscalco, LLP, is the
Debtor's counsel.
INNERLINE ENGINEERING: Seeks Continued Cash Collateral Access
-------------------------------------------------------------
Innerline Engineering, Inc. asks the U.S. Bankruptcy Court for the
Central District of California, Riverside Division, for authority
to use cash collateral for the period May 1 through confirmation of
a Chapter 11 plan of reorganization in accordance with the budget
covering May 1, 2022 through September 30, 2022.
The Debtor believes it will confirm a Plan within a reasonable
period of time and extending the period authorizing the use of cash
collateral through confirmation is appropriate.
The Debtor requires the use of cash collateral to pay the ordinary
and necessary operating expenses.
The creditors with liens on the cash collateral are:
-- HOP Capital,
-- Danny Song,
-- Dig Vac, LLC,
-- APS Environmental Inc.,
-- U.S. Small Business Administration,
-- Herc Rentals, Inc., and
-- Internal Revenue Service.
The creditors' claim amount total $2,010,385.
The Debtor believes the Secured Creditors are adequately protected
by the continued and uninterrupted operation of the business.
Notwithstanding the above adequate protection, the Debtor will
continue to make adequate protection payments to HOP Capital, Danny
Song, SBA, and the IRS.
The Debtor will give the Secured Creditors a replacement lien to
the extent the automatic stay, pursuant to 11 U.S.C. section 362,
as well as the use, sale, lease or grant results in a decrease in
the value of the Secured Creditors' interest in the cash collateral
on a postpetition basis retroactive to the Petition Date. The
Debtor believes the replacement lien is valid, perfected and
enforceable and will not be subject to dispute, avoidance, or
subordination, and this replacement lien need not be subject to
additional recording.
The SBA will be entitled to a super-priority claim over the life of
the Debtor's bankruptcy case, pursuant to 11 U.S.C. sections
503(b), 507(a)(2) and 507(b), which claim will be limited to any
diminution in the value of the SBA's collateral, pursuant to the
SBA Loan, as a result of the Debtor's use of cash collateral on a
postpetition basis.
The Debtor proposes these adequate protection payments:
-- HOP Capital: $3,000;
-- Danny Song: $1,000;
-- U.S. Small Business Administration: $731; and
-- Internal Revenue Service: $8,206 in May and June, then
$11,333.25 from August through confirmation.
A copy of the motion and the Debtor's budget for the period from
May to October 2022 is available at https://bit.ly/3LzwrkU from
PacerMonitor.com.
The Debtor projects $2,044,300 in total income and $836,585 in
total operating expenses for the period.
About Innerline Engineering
Corona, Cal.-based Innerline Engineering, Inc. --
http://www.innerlineengineering.com/-- offers a variety of
services to municipalities, utility owners, industrial facilities
and commercial property owners for the maintenance of their
underground utilities.
Innerline Engineering filed a petition for Chapter 11 protection
(Bankr. C.D. Cal. Case No. 21-14305) on Aug. 9, 2021, listing as
much as $10 million in both assets and liabilities. Thomas J.C.
Yeh, chief financial officer, signed the petition.
Judge Wayne E. Johnson oversees the case.
Resnik Hayes Moradi LLP serves as the Debtor's bankruptcy counsel.
INSULET CORP: S&P Alters Outlook to Positive, Affirms 'B' ICR
-------------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on
U.S.-based insulin delivery systems manufacturer Insulet Corp. and
revised the outlook to positive.
S&P said, "We project that the company's leverage will decline to
below 6x in 2022 and its free cash flow will turn positive in 2022
with further material improvement in 2023, reaching S&P Global
Ratings-adjusted free cash flow to debt of about 5%, stemming from
midteen rate EBITDA growth as the company's main product gains a
larger user base.
"The positive outlook is based on our expectations for Insulet's
continued solid operating performance, resulting in sustained
positive free cash flow generation as well as decreased leverage.
"We believe Insulet's main product--Omnipod System--has strong
growth prospects in a sizable market.We believe that Insulet's main
product, the Omnipod System, a self-adhesive tubeless insulin
delivery device, offers significant technological advantages (i.e.,
its small size and tubeless insulin delivery) and position it
favorably versus traditional insulin injections and tube-based
pumps. We also view the company's business model in the U.S.
marketplace as favorable. It enables the company to distribute
Omnipod via the pharmacy channel, based on its Medicare Part D
classification as a disposable device rather than the durable
medical equipment (DME) classification of its competitors. The Part
D classification eliminates a large up-front payment required under
the DME classification, which we believe is more attractive to
payors. We believe it should also make a direct-to-patient
marketing campaigns more effective.
"We believe these advantages support the company's fast growth in
the dynamic diabetes market. In 2021 the company's revenue grew
21.5%, resulting from Omnipod's increasing customer base, as well
as favorable sales channel mix attributed to the increase in the
company's sales through the pharmacy channel."
In early 2022 the company received U.S. Food & Drug Administration
(FDA) approval for its new generation system--Omnipod 5--which is
designed to provide enhanced connectivity and automation features
such as integration with continuous glucose monitoring devices
(CGM) and insulin management from a smartphone device. The company
has begun a limited commercial launch of the product and we expect
it to be broadly available in the U.S. in the second half of 2022,
with a gradual expansion in the EMEA markets in coming years.
S&P said, "We expect midteen rate sales growth in the next few
years based on continuous growth in Omnipod's user base, as well as
geographical expansion.
"We expect Insulet's operating margins to increase stemming from
increased economics of scale and manufacturing efficiency.We also
forecast free cash flow to become positive in 2022 and the ratio of
adjusted free cash flow to debt will reach 5% in 2023 on EBITDA
growth and working capital normalization. As the company's sales
grow and its manufacturing capacity utilization reaches more
optimized levels, we expect the company to enjoy economies of scale
and manufacturing efficiency benefits. In 2022 we expect only a
modest expansion in margins due to inflationary pressures as well
as increasing investments in research and development (R&D) and
commercial infrastructure. In the medium term we forecast adjusted
EBITDA margins to gradually expand by 100 to 150 basis points, from
20.4% in 2021.
"We also anticipate that after the company has made significant
investment in inventories toward its Omnipod 5 launch, its annual
working capital outflows should normalize, decreasing to 3%-4% of
the company's sales.
"Based on these assumptions we project the company's leverage to
decrease to below 6x in 2022 from 6.5x by the end of 2021, and its
free cash flow to turn positive in 2022, from negative $195 million
in 2021, with further improvement in 2023. We believe the company's
ratio of adjusted free cash flow to debt will be about 5% in 2023.
"The company's large cash balance provides additional cushion for
unexpected headwinds. In our leverage metrics calculations we do
not net cash, but we acknowledge that as of the end of 2021, the
company had a large cash and short-term investments balance (about
$792 million) that should ensure funding of continued needed R&D
and capital investments, serve as a cushion against unforeseen
headwinds, and provide support for tuck-in acquisitions. The cash
balance would also serve as a buffer for near-term cash flow
deficits resulting in accelerated up front investments to support
future growth.
"The positive outlook reflects our view that Omnipod will continue
to increase its user base, resulting in midteen EBITDA growth and
lead to the company's leverage declining to below 6x in 2022 and
its free cash flow turning positive in 2022 and reaching 5% free
cash flow to debt in 2023."
S&P could revise the outlook to stable if:
-- The company's operating performance is materially weaker than
our forecast and S&P expects its leverage will remain elevated at
more than 6x, or if it expects free cash flow to remain below 3%
beyond 2022. This can occur if the company's business model
requires it to invest in working capital and capex more than it
currently projects or it faces operating headwinds that will
pressure its operating margin.
-- The company adopts a more aggressive expansion strategy,
resulting in higher leverage.
-- S&P could consider an upgrade if the company reduces and
sustains leverage comfortably below 6x and we gain more confidence
that its cash flow generation will improve such that its adjusted
free cash flow to debt ratio will reach close to 5% in 2023.
ESG credit indicators: E-2, S-2, G-2
ESG credit factors have no material influence on S&P's rating
analysis for Insulet Corp.
JINZHENG GROUP: Pennington Out as Committee Member
--------------------------------------------------
The U.S. Trustee for Region 16 disclosed in a court filing that as
of March 31, these creditors are the remaining members of the
official committee of unsecured creditors in the Chapter 11 case of
Jinzheng Group (USA) LLC:
1. Betula Lenta, Inc.
David Park
800 West 6th Street, Suite 1250
Los Angeles, CA 90017
Phone: (213) 537-0158
Email: david@thecodesolution.com
2. The Phalanx Group, Inc.
Anthony Rodriguez
424 E. 1st Street, Unit #10
Los Angeles, CA 90015
Phone: (213) 494-8542
Email: anthony@phalanx.group
Pennington Construction Advisors, Inc. was previously identified as
member of the creditors committee. Its name no longer appears in
the new notice.
About Jinzheng Group (USA)
Jinzheng Group (USA) LLC, owner of multiple properties in Los
Angeles County, Calif., sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 21-16674) on Aug. 24,
2021, listing up to $50 million in both assets and liabilities.
Judge Ernest M. Robles oversees the case.
Shioda, Langley & Chang LLP serves as the Debtor's legal counsel.
JRX TUNING: Wins Cash Collateral Access
---------------------------------------
The U.S. Bankruptcy Court for the Northern District of Texas, Fort
Worth Division, has authorized JRX Tuning & Performance, LLC to use
cash collateral on a final basis in accordance with the budget.
Pursuant to the Court order, as adequate protection for the
Debtor's use of cash collateral, Capytal.com, CFG Merchant
Solutions, LLC, Delta Bridge Funding, LLC, EBF Holdings, LLC, and
Spark Funding, LLC (Merchant Lenders) and Ascentium Capital, LLC
are granted replacement liens to the same extent, validity and
priority as existed on the Petition Date, in cash collateral of the
Debtor owned as of the Petition Date.
As additional adequate protection, the Debtor will provide the
Merchant Lenders and Ascentium with written reporting as to the
status of its operations, collections, generation of accounts
receivable, and disbursements in the same or similar format as has
historically been provided by the Debtor.
A copy of the order and the Debtor's budget for the period from
February 28 to May 31, 2022, is available at https://bit.ly/3NA576U
from PacerMonitor.com.
The Debtor projects $28,974 in beginning cash and $61,792 in total
collateral for March 2022.
About JRX Tuning & Performance, LLC
JRX Tuning & Performance, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 22-40404-11) on
February 28, 2022. In the petition signed by Justin Andrew Ruckman,
its managing member, the Debtor disclosed up to $500,000 in both
assets and liabilities.
Judge Mark X. Mullin oversees the case.
Jermaine Watson, Esq., at Cantey Hanger is the Debtor's counsel.
K & L TRAILER: Trustee Submits Plan of Liquidation
--------------------------------------------------
Gary M. Murphey, the Chapter 11 trustee for K & L Trailer Sales and
Leasing, Inc., submitted a First Amended Plan of Liquidation.
Under the Plan, holders of Class 5 Unsecured Claims of Insiders
will be paid Pro Rata the net proceeds available to Distribution
following the payment of Administrative Expenses, Liquidating
Expenses and Priority Claims, Secured Claims and Class 7 Claims.
Class 5 is impaired.
Holders of Class 6 Unsecured Claims will be paid Pro Rata the net
proceeds available to Distribution following the payment of
Administrative Expenses, Liquidating Expenses and Priority Claims
and Secured Claims.
The Trustee may in his sole discretion make interim distributions
to Class 6, provided after (a) the Plan has been fully
administered, (b) all Claims that are disputed have been resolved
or a sufficient reserve set aside for this Claim, (c) any Causes of
Action determined to have any value have been resolved, and (d) all
Property of the Debtor has been reduced to cash or abandoned, the
Trustee shall effect a final distribution of all cash remaining
(after reserving sufficient cash to pay all unpaid Liquidating
Expenses reasonably expected to be incurred in connection with the
final Distribution) to holders of Allowed Claims. Class 6 is
impaired.
All Distributions under the Plan on account of any Allowed Claims
shall be made at the address of the holder of such Allowed Claim as
set forth in a proof of claim or otherwise in the Debtor's records
as of the Effective Date of the Plan. The foregoing
notwithstanding, the Trustee shall honor any holder's written
change of address if received at least fourteen (14) days prior to
a given distribution date. In the event that any Distribution to
any holder is returned as undeliverable, the Trustee shall use
reasonable efforts to determine the current address of such holder,
but no Distribution to such holder shall be made unless and until
the Debtor has determined the then-current address of such holder,
at which time such Distribution shall be made to such holder
without interest; provided, however, that any undeliverable or
unclaimed Distribution that remains unclaimed after sixty (60) days
following such Distribution shall be reallocated by the Debtor for
re-distribution for the benefit of all other holders of Allowed
Claims in accordance with the Plan. Any expense incurred by the
Trustee in making a Distribution on a specific Allowed Claim may be
reimbursed to the Trustee by reducing the amount of the
Distribution on that Allowed Claim.
Attorneys for the Trustee:
William L. Norton III, Esq.
BRADLEY
1600 Division St., Suite 700
Nashville, TN 37203
Fax: 615-252-2397
E-mail: bnorton@bradley.com
A copy of the Plan dated March 25, 2022, is available at
https://bit.ly/3iGqbdW from PacerMonitor.com.
About K & L Trailer
K & L Trailer Sales and Leasing is a family-owned business
specializing in the sale, service and leasing of trailers. It
carries Trailstar, Pitts Trailers, Manac, Reitnouer, Transcraft,
Eager Beaver and ITI trailers.
K & L Trailer Sales and Leasing sought protection under Chapter 11
of the Bankruptcy Code (Bankr. E.D. Tenn. Case No. 20-31619) on
June 29, 2020. At the time of the filing, the Debtor had estimated
assets of between $1 million and $10 million and liabilities of
between $10 million and $50 million. Judge Suzanne H. Bauknight
oversees the case.
Gentry, Tipton and Mclemore, PC is Debtor's legal counsel.
Gary M. Murphey was appointed as Debtor's Chapter 11 trustee. He is
represented by Bradley Arant Boult Cummings.
MALACHI GROUP: Seeks to Hire Joyce W. Lindauer as Legal Counsel
---------------------------------------------------------------
Malachi Group Trust seeks approval from the U.S. Bankruptcy Court
for the Northern District of Texas to employ Joyce W. Lindauer
Attorney, PLLC to serve as legal counsel in its Chapter 11 case.
The Debtor requires legal assistance to effectuate a
reorganization, propose a plan of reorganization and effectively
move forward in its bankruptcy proceeding.
The hourly rates charged by the firm's attorneys and paralegals are
as follows:
Attorneys $450 per hour
Associates $250 to $275 per hour
Paralegals $65 to $195 per hour
The firm will also seek reimbursement for out-of-pocket expenses.
The firm received a retainer of $6,738 from the Debtor.
Joyce Lindauer, Esq., owner of the firm, disclosed in a court
filing that her firm is a "disinterested person" as defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Joyce W. Lindauer, Esq.
Joyce W. Lindauer Attorney, PLLC
1412 Main Street, Suite 500
Dallas, TX 75202
Telephone: (972) 503-4033
Facsimile: (972) 503-4034
Email: joyce@joycelindauer.com
About Malachi Group Trust
Malachi Group Trust filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Texas Case No. 22-30471) on
March 16, 2022, disclosing as much as $1 million in both assets and
liabilities. Behrooz P. Vida serves as Subchapter V trustee.
Judge Stacey G. Jernigan oversees the case.
Joyce W. Lindauer Attorney, PLLC serves as the Debtor's legal
counsel.
MARRONE BIO: Incurs $16.6 Million Net Loss in 2021
--------------------------------------------------
Marrone Bio Innovations, Inc. filed with the Securities and
Exchange Commission its Annual Report on Form 10-K disclosing a net
loss of $16.55 million on $44.31 million of total revenues for the
year ended Dec. 31, 2021, compared to a net loss of $20.17 million
on $38.37 million of total revenues for the year ended Dec. 31,
2020.
As of Dec. 31, 2021, the Company had $87.06 million in total
assets, $57.40 million in total liabilities, and $29.65 million in
total stockholders' equity.
San Francisco, CA-based Marcum LLP, the Company's auditor since
2018, issued a "going concern" qualification in its report dated
March 30, 2022, citing that the Company has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
Management Commentary
"We ended 2021 on a positive note, with high demand for our crop
protection products ahead of the Northern Hemisphere growing
season," said Chief Executive Officer Kevin Helash. "We delivered
solid revenue growth and higher gross profit in both the fourth
quarter and full year. These results were in line with our prior
projections and set the stage for our future growth.
"Looking forward, we anticipate revenue growth for the first half
of 2022 will significantly outpace our rate of growth in the first
half of 2021, with sales in the second quarter exceeding those in
the first quarter, in line with our typical pattern," Helash
added.
Helash concluded, "On March 16, 2022, we announced our intention to
merge with Bioceres. We look forward to completing the transaction
in the third quarter of 2022."
Fourth Quarter 2021 Financial and Operational Summary
* Strong demand for the Company's crop protection products for
use in specialty crops in the United States - notably Regalia
biofungicide, and Venerate and Grandevo bioinsecticides - were the
key contributors to the 40.2% increase in 2021 fourth quarter
revenues.
* Gross profit in the 2021 fourth quarter was $6.5 million, as
compared with $4.9 million in the fourth quarter of 2020, a 31.5%
improvement. Gross margins of 59.7% were slightly lower than in
the same period in 2020 as a function of product mix.
* Operating expenses were $12.1 million in the fourth quarter of
2021, as compared with $9.0 million in the fourth quarter of 2020.
The 34.2% increase reflected higher legal and consulting expenses,
primarily related to merger and acquisition activities, and
one-time, upfront payments associated with research and development
(R&D) agreements.
* The operating expense ratio - a key performance indicator that
compares operating expenses to revenues - improved by 500 basis
points to 111.6% as sales increased at a higher rate than costs.
* The net loss in the fourth quarter was $5.3 million in 2021,
as compared with a net loss of $4.2 million in the fourth quarter
of 2020. Fourth-quarter Adjusted EBITDA was a loss of $4.0 million
in 2021, as compared with $2.2 million in 2020. Both the net loss
and Adjusted EBITDA reflected the higher operating expenses in the
quarter.
* Cash used in operations was $3.4 million, as compared with a
use of cash of $7.4 million in the same period in 2020.
A full-text copy of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/0001441693/000149315222008186/form10-k.htm
About Marrone Bio Innovations
Based in Davis, California, Marrone Bio Innovations, Inc. --
http://www.marronebio.com-- discovers, develops and sells
innovative biological products for crop protection, plant health
and waterway systems treatment. The Company's products are sold
through distributors and other commercial partners to growers
around the world for use in integrated pest management and crop
protection systems that improve efficacy and increase yields and
quality while protecting the environment. Its products are often
used in conjunction with or as an alternative to other agricultural
solutions to control pests and enhance plant nutrition and health.
MD HELICOPTERS: Tilton's Feud With Lenders May Ground Sale
----------------------------------------------------------
Steven Church of Bloomberg News reports that the long-running feud
between distressed-debt investor Lynn Tilton and the lenders who
once backed her is threatening to disrupt the sale of MD
Helicopters Inc., which filed bankruptcy this first week of April
2022.
Tilton has been battling MBIA Inc. and other investors who lent
billions of dollars to three companies that Tilton set up to fund
the acquisition of numerous troubled businesses, including MD
Helicopters. The three funding companies, known as Zohar I, II and
III, eventually filed bankruptcy kicking off an extended legal
scuffle over how to use Tilton’s portfolio to repay MBIA and
others.
About MD Helicopters
MD Helicopters, Inc. (MDHI), is a leading rotorcraft manufacturer
of American Made commercial, military, law enforcement, and
air-rescue helicopters. The MDHI family of rotorcraft is world
renowned for its value, versatility, and performance. Commercial
offerings include the MD 500E, MD 530F, MD 520N, MD 600N, and
twin-engine MD 902 Explorer. The MD 530F Cayuse Warrior and MD
530G Attack Helicopter comprise the company's high-performance
military offerings. A key feature of the MD 902, MD 600N, and MD
520N is the innovative NOTAR system for anti-torque control with no
tail rotor – exclusively by MDHI to provide safer, quieter
performance and confined-area access capability.
MD Helicopters Inc. and affiliates Monterrey Aerospace, LLC, sought
Chapter 11 bankruptcy protection (Bankr. D. Del. Case No. 22-10263)
on March 30, 2021. In the petition signed by Barry Sullivan, as
chief financial officer, MD Helicopters Inc. estimated liabilities
between $100 million and $500 million.
The case is assigned to Honorable Judge Karen B. Owens.
The Debtors tapped LATHAM & WATKINS LLP as counsel; TROUTMAN PEPPER
HAMILTON SANDERS LLP as local counsel; MOELIS & COMPANY LLC as
investment banker; and ALIXPARTNERS, LLP as restructuring advisor.
PRIME CLERK LLC is the claims agent.
The Creditor Consortium is advised by seasoned aerospace executives
Ed Dolanski and Brad Pedersen.
MONTAUK CLIFFS: Taps Cullen and Dykman as Bankruptcy Counsel
------------------------------------------------------------
Montauk Cliffs, LLC received approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Cullen and
Dykman, LLP to serve as legal counsel in its Chapter 11 case.
The firm's services include:
a. advising the Debtor with respect to its powers and duties in
the continued operation of its business and management of its
property;
b. representing the Debtor before the bankruptcy court and any
other court of competent jurisdiction on matters pertaining to its
affairs;
c. assisting the Debtor in the preparation and negotiation of a
plan of reorganization with its creditors and other parties in
interest;
d. representing the Debtor in connection with any avoidance
actions or other adversary proceedings that may be brought by or
against the Debtor;
e. advising the Debtor on financing matters;
f. advising the Debtor in connection with the sale of its
assets;
g. preparing legal documents; and
h. performing all other necessary legal services for the
Debtor.
The hourly rates charged by the firm for its services are as
follows:
Partners $730 to $820 per hour
Associates $300 per hour
The firm will also receive reimbursement for out-of-pocket
expenses.
The retainer fee is $15,000.
Matthew Roseman, Esq., a partner at Cullen and Dykman, disclosed in
a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Matthew G. Roseman, Esq.
Cullen and Dykman, LLP
100 Quentin Roosevelt Blvd
Garden City, NY 11530
Tel: (516) 357-3700
Email: mroseman@cullenllp.com
About Montauk Cliffs
Montauk Cliffs LLC is a real estate company that owns the Montauk
Mansion in Montauk, N.Y.
Montauk CLiffs sought Chapter 11 bankruptcy protection (Bankr.
E.D.N.Y. Case No. 70312) on Feb. 23, 2022, listing up to $50
million in assets and up to $50 million in liabilities. Eli Wilner,
manager, signed the petition.
Judge Robert E. Grossman oversees the case.
Cullen and Dykman, LLP, led by Matthew G. Roseman, Esq., is the
Debtor's legal counsel.
MONTICELLO HORIZON: Taps Kalter Kaplan Zeiger as Special Counsel
----------------------------------------------------------------
Monticello Horizon Legacy, LLC received approval from the U.S.
Bankruptcy Court for the Southern District of New York to employ
Kalter Kaplan Zeiger & Forman as special real estate counsel.
The Debtor needs the firm's legal assistance in connection with the
closing of sale of its residential properties located in
Monticello, N.Y.
The firm will be paid a flat fee of $1,750 per closing.
As disclosed in court filings, Kalter is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Jay Zeiger
Kalter Kaplan Zeiger & Forman
6166 State Route 42
P.O. Box 30
Woodbourne, NY 12788
Tel: (845) 434-4777
About Monticello Horizon Legacy
Monticello Horizon Legacy, LLC, owner of 21 residential properties
in Sullivan County, N.Y., filed a Chapter 11 bankruptcy
petition (Bankr. S.D.N.Y. Case No. 20-35665) on June 24, 2020,
listing as much as $10 million in both assets and liabilities.
Esther Loeffler, managing member, signed the petition.
Judge Cecelia G. Morris oversees the case.
Goldberg Weprin Finkel Goldstein, LLP serves as the Debtor's
bankruptcy counsel.
N.G. PURVIS: Sunrise Cooperative Steps Down as Committee Member
---------------------------------------------------------------
The official committee of unsecured creditors of N.G. Purvis Farms,
Inc. disclosed in a court filing that Sunrise Cooperative, Inc. has
resigned from the committee effective March 31.
The committee also disclosed it has elected Darrin Trexler of
Trexler Farms to serve as its chairperson effective immediately.
As of April 1, the remaining members of the committee are:
1. 101 Inc.
Attn: Cory Peter
4791 W 900 S
Pendleton, IN 46064
Email: cory.peter@101inc.com
2. Cargill Incorporated
Attn: Kevin Walker
935 Interstate Road Ridge
Gainesville, GA 30501
Email: kevin_walker@cargill.com
3. 2 F Farms
Attn: Darrell Hunsuckers
P.O. Box 517
Salisbury, NC 28145
Email: hunsuckers@gmail.com
4. Huneycutt Pig Farm
Attn: Rodney Huneycutt
28376 Millingport Road
Albemarle, NC 28001
Email: rkhuneycutt@gmail.com
5. Lake Phelps Grain
Attn: Wesley Foster
P.O. Box 249
Creswell, NC 27928
Email: wfoster@lakephelpsgrain.com
6. Mercer Landmark, Inc.
Attn: Heath Barnes
426 W. Market Street
Celina, OH 45822
Email: heathb@mercerlandmark.com
7. MWI Animal Health Veterinary Supply
Attn: Donald L. Curtis, Jr.
14659 Collection Center Drive
Chicago, IL 60693
Email: dcurtis@mwianimalhealth.com
8. P & F Farms, Inc.
Attn: Frank Small
1210 Lake Fork Road
Salisbury, NC 28146
Email: franksmall@att.net
9. PIC USA, Inc.
Attn: Alan Carlon
100 Bluegrass Commons Blvd, Ste. 2200
Hendersonville, IN 37075
Email: alan.carlon@genusplc.com
10. Pollitt Ventures, Inc.
Attn: Gilbert D. Pollitt
P.O. Box 936
Clarkesville, GA 30523
Email: gdpollitt@gmail.com
11. Sam Black
2020 Morgan Gold Hill
Gold Hill, NC 28071
Email: pineywoodfarms1@gmail.com
12. Trexler Farms
Attn: Darrin Trexler
12955 Hwy 52
Gold Hill, NC 28071
Eamil: trexlerfarms@gmail.com
About N.G. Purvis Farms
N.G. Purvis Farms, Inc., operates throughout the Southeast as a
farrow-to-finish pork producer, which breeds, farrows, weans, and
raises weaner pigs, feeder pigs, and market hogs, and then sold to
pork processors. It owns and operates 12 farms in North Carolina
and two farms in Georgia, together with associated facilities, on
which it maintains herds of sows, breeds piglets, and raises market
hogs. It contracts with numerous independent growers to feed and
finish at their facilities weaned pigs and feeder pigs furnished
and owned by the company into market hogs.
N.G. Purvis Farms sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 21-01068) on May 6, 2021.
In the petition signed by Jerry M. Purvis, Sr., president, the
Debtor disclosed $34,268,361 in assets and $53,126,237 in
liabilities. Judge Stephani W. Humrickhouse oversees the case.
The Debtor tapped Butler & Butler, LLP and Hendren, Redwine,
Malone, PLLC as bankruptcy counsels; Robbins May & Rich, LLP as
special counsel; Frost PLLC as accountant; and NutriQuest Business
Solutions, LLC as restructuring advisor. Steve Weiss of NutriQuest
Business Solutions serves as the Debtor's chief restructuring
officer. Professional Swine Management, LLC and Dr. Attila Farkas
of Carthage Veterinary Service, Ltd. are the Debtor's consultants.
On May 27, 2021, the U.S. Bankruptcy Administrator for the Eastern
District of North Carolina appointed an official committee of
unsecured creditors. The committee tapped Waldrep Wall Babcock &
Bailey, PLLC as legal counsel and Dundon Advisers, LLC as financial
advisor.
NAHAUL INC: Unsecureds' Recovery Hiked to 25% in 60 Months
----------------------------------------------------------
NaHaul, Inc., submitted a Fifth Amended Plan of Reorganization for
Small Business dated March 29, 2022.
NaHaul is affiliated with 2 other companies owned and operated by
Mr. Kaputluoglu, namely Chicagoan Logistic Company ("CLC") and AJT
Services Inc. ("AJT"). All three companies are currently in Chapter
11 proceedings, under Subchapter V, with the following case
numbers: the Debtor, case number 21-7152, CLC case number 21-7154
and AJT case number 21-12986, respectively. AJT was dismissed on
March 7, 2022.
In order to maintain a continuous cash flow and consistent with the
general business practice in the trucking industry, the Debtor,
both pre-petition and post-petition, has entered into a Factoring
Agreement with Partners Funding, Inc. ("Partners Funding") wherein
the Debtor sells its accounts receivable to Partners Funding for an
immediate cash payment. Partners Funding retains a contingent
security interest against the Debtor's assets, other than vehicles,
in the event the factoring company is unable to collect a
receivable. However, the historical experience that a receivable is
uncollectible is negligible.
The Debtor leases all of its trucks and trailers from either AJT,
Inc., or Serkan Kaputluoglu. Because of the slowdown in the
trucking industry, the Debtor has still not returned to its
pre-pandemic profitability. However, the Debtor believes that its
monthly income and cash flow will continue to grow post-pandemic
and the Debtor will be able to service its monthly lease payments,
and pay an estimated 25% dividend to general unsecured non-priority
creditors through this Plan of Reorganization over a term of 60
months. Any cash generated by the Debtor's operations in excess of
$10,000.00 over a quarter during the pendency of the bankruptcy
shall be distributed as an excess dividend on a pro-rata basis to
general unsecured creditors.
Class 3 consists of General Unsecured Non-Priority Claims. General
Unsecured Non-Priority Claims aggregate approximately $416,880.65.
Allowed Class 3 claims shall be paid approximately $104,220.16
through pro rata distributions of deferred cash payments to holders
of allowed Class 3 Claims in sixty monthly installments. Monthly
payments will commence on July 1, 2022, and each month thereafter
through and including June 30, 2027.
In the first year of the Amended Plan, the Debtor shall make
payments equal to 10% of the entire dividend to be paid over the
life of the Amended Plan. In the 2nd year, the Debtor shall make
payments equal to 15% of the entire dividend to be paid over the
life of the Amended Plan. In the 3rd year, the Debtor shall make
payments equal to 20% of the entire dividend to be paid over the
life of the Amended Plan. In the 4th year, the Debtor shall make
payments equal to 25% of the entire dividend to be paid over the
life of the Amended Plan. In the final year, the Debtor shall pay
30% of the entire dividend to be paid over the life of the Amended
Plan. The monthly installments shall be distributed to allowed
Class 3 Claims, pro rata, by the Debtor if it is a consensual
Plan.
If it is not a consensual Plan, the distributions shall be made by
the Subchapter V Trustee on a quarterly basis. Class 3 claimants
may be prepaid without penalty or discount. In addition, if the
Debtor's cash reserves exceed $10,000.00 during a particular
quarter, those monies shall also be distributed to the general
unsecured creditors on a pro-rata basis, on a quarterly basis.
Class 3 claims are impaired under the Plan.
This Plan is self-executing. The Debtor shall not be required to
execute any newly created documents to evidence the claims, liens,
or terms of repayment to the holder of an Allowed Claim.
The Plan shall be funded by proceeds from the Estate's available
cash, cash equivalents, and proceeds generated from Debtor's
business income and cash flow. The Debtor projects that his cash
flow will be sufficient to make the Plan payments.
A full-text copy of the Fifth Amended Plan dated March 29, 2022, is
available at https://bit.ly/3uRNqrc from PacerMonitor.com at no
charge.
Attorneys for the Debtor:
Laxmi P Sarathy
3553 W. Peterson Ave., Suite 102
Chicago, Illinois 60659
(312) 674-7965
L.sarathylaw@gmail.com
David R Herzog
53 West Jackson Blvd., Suite 1442
Chicago, Illinois 60604
(312) 427-1558
drh@dherzoglaw.com
About NAHAUL Inc.
NAHAUL, Inc., an affiliate of Chicagoan Logistic Company, is a
privately held company in the general freight trucking industry.
The company is based in Columbus, Ohio.
NAHAUL and Chicagoan Logistic Company filed Chapter 11 petitions
(Bankr. N.D. Ill. Case Nos. 21-07152 and 21-07154) on June 5, 2021.
The two cases are not jointly administered.
In the petition signed by Serkan B. Kaputluoglu, president, NAHAUL
disclosed between $100,000 and $500,000 in assets and between $1
million and $10 million in liabilities.
Judge Carol A. Doyle oversees NAHAUL's Chapter 11 case.
David Herzog, Esq., of Herzog & Schwartz, P.C. and Laxmi P.
Sarathy, Esq., serve as NAHAUL's legal counsel, while Romano Law,
PLLC serves as special counsel. NAHAUL tapped Daniel Greenman &
Co. as its accountant.
NEWS CORP: New Unsecured Debt No Impact on Moody's Ba1 CFR
----------------------------------------------------------
Moody's Investors Service says News Corporation's ("News Corp" or
"the Company") Ba1 Corporate Family Rating, Ba1-PD Probability of
Default Rating, Ba1 senior unsecured notes ratings, SGL-1
Speculative Grade Liquidity Rating and positive outlook are
unchanged by the proposed issuance of a new 5-year, $500 million
unsecured Term Loan A and new 5-year, $750 million unsecured
Revolving Credit Facility which are unrated. The new obligations
will be guaranteed by all subsidiary borrowers under the existing
revolving facilities, and rank pari-passu with existing secured
notes.
The proceeds of the new term loan will be used to partially fund
the $1.45 billion purchase of the OPIS and Base Chemicals
businesses from S&P Global Inc. (A3 Stable) and IHS Markit
(unrated) and pay transaction fees and expenses. The acquisition of
OPIS closed on February 28 and the acquisition of Base Chemicals is
expected to close by May 31st. News Corp's acquisition of S&P's
OPIS and Base Chemicals businesses is credit positive. Moody's
expects the financing mix to include a substantial portion of cash
such that pro forma adjusted leverage remains below 3.0x. Despite
the leveraging event, Moody's believes these are strong assets with
a very high mix of recurring and digital revenue that generate
strong EBITDA margins.
News Corporation (Nasdaq: NWS, NWSA; ASX: NWS, NWSLV) is a global,
diversified media and information services company focused on
creating and distributing authoritative and engaging content and
other products and services. The company comprises businesses
across a range of media, including: Dow Jones, digital real estate
services, subscription video services in Australia, news media and
book publishing. Headquartered in New York, News Corp operates
primarily in the United States, Australia, and the United Kingdom,
and its content and other products and services are distributed and
consumed worldwide. Revenues for the last twelve months (LTM) ended
December 31, 2021 was approximately $10 billion (as reported).
NEXTPLAY TECHNOLOGIES: Boonyawattanapisut Reports 17.4% Stake
-------------------------------------------------------------
In a Schedule 13D/A filed with the Securities and Exchange
Commission, these entities and individuals reported beneficial
ownership of shares of common stock of Nextplay Technologies, Inc.,
as of March 28, 2022:
Shares Percent
Beneficially of
Reporting Person Owned Class
---------------- ------------ ---------
Nithinan Boonyawattanapisut 19,928,958 17.43%
John Todd Bonner 19,928,658 17.43%
Red Anchor Trading Corporation 15,000,269 13.11%
NextPlay Holdings LLC 1,333,333 1.17%
Cern One Limited 1,558,046 1.37%
Found Side Ltd 1,042,639 0.91%
Nithinan Boonyawattanapisut, an individual, currently serves as the
Co-CEO of the Issuer and CEO of HotPlay (Thailand) Company Ltd.
John Todd Bonner, an individual, currently serves as CEO of
Longroot Inc.
Ms. Boonyawattanapisut acquired 1,985,974 shares in exchange for
debt owed to Ms. Boonyawattanapisut by a third party at a price of
$2.00 per share and the remainder of her shares pursuant to the
Axion Exchange Agreement for the acquisition of debt held by Ms.
Boonyawattanapisut of Axion. Mr. Bonner acquired his shares
pursuant to the Axion Exchange Agreement for the acquisition of
debt held by Mr. Bonner of Axion. Found Side Limited acquired its
shares from Red Anchor as payment in kind for its service rendered
to Red Anchor.
Red Anchor Trading Corp. acquired its shares directly from the
Issuer pursuant to a Share Exchange Agreement for the acquisition
of the issued and outstanding shares of HotPlay Enterprise Limited
and pursuant to a Share Exchange Agreement for the acquisition of
debt held by Red Anchor of Axion Ventures, Inc. NextPlay Holdings
LLC, a majority owned subsidiary of Red Anchor acquired its shares
from Red Anchor without payment. Cern One acquired its shares
directly from the Issuer pursuant to the Axion Exchange Agreement
for the acquisition of shares of Axion and debt held by Cern One of
Axion.
A full-text copy of the regulatory filing is available for free
at:
https://www.sec.gov/Archives/edgar/data/1372183/000158069522000032/nxtp-sc13da_032522.htm
About NextPlay Technologies
NextPlay Technologies, Inc. (formerly known as Monaker Group Inc.)
-- nextplaytechnologies.com -- is a technology solutions company
offering games, in-game advertising, crypto-banking, connected TV
and travel booking services to consumers and corporations within a
growing worldwide digital ecosystem. NextPlay's engaging products
and services utilize innovative AdTech, Artificial Intelligence and
Fintech solutions to leverage the strengths and channels of its
existing and acquired technologies.
The Company reported a net loss of $16.51 million for the year
ended Feb. 28, 2021, compared to a net loss of $9.45 million for
the year ended Feb. 29, 2020. As of Nov. 30, 2021, the Company had
$120.96 million in total assets, $31.01 million in total
liabilities, and $89.95 million in total stockholders' equity.
Sugar Land, Texas-based TPS Thayer, LLC, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated June 7, 2021, citing that the Company has suffered recurring
losses from operations and has stockholders' deficit that raise
substantial doubt about its ability to continue as a going concern.
OAK PARENT: Moody's Affirms 'B3' CFR & Alters Outlook to Stable
---------------------------------------------------------------
Moody's Investors Service changed Oak Parent, Inc.'s (Augusta
Sportswear) outlook to stable from negative. Concurrently, Moody's
affirmed the company's B3 corporate family rating, B3-PD
probability of default rating and B3 senior secured credit
facilities ratings.
The change in outlook to stable from negative reflects the
company's operating performance recovery and Moody's expectations
for continued deleveraging and positive free cash flow. As youth
sports activity resumed in 2021, Augusta's revenue and EBITDA (as
measured by Moody's) returned to within 5% of pre-pandemic levels.
The earnings recovery combined with voluntary debt repayment led to
leverage declining to 6.2x and EBITA/interest expense improving to
2.2x as of January 2, 2022.
Moody's took the following rating actions for Oak Parent, Inc.:
Corporate Family Rating, Affirmed B3
Probability of Default Rating, Affirmed B3-PD
Senior Secured Revolving Credit Facility, Affirmed B3 (LGD3)
Senior Secured Term Loan, Affirmed B3 (LGD3)
Outlook, Changed to Stable from Negative
RATINGS RATIONALE
Augusta's B3 CFR reflects its narrow business focus and limited
revenue scale in the global apparel industry. The company competes
in a highly fragmented category with both retail brands and other
sports uniform distributors. The ratings also incorporate
governance risks, including private equity ownership and financial
and M&A strategies that led to high leverage prior to the
coronavirus pandemic. Despite declining significantly from the
pandemic period, Augusta's leverage is still high, and its October
2023 debt maturities are approaching. As an apparel company,
Augusta is also subject to social and environmental factors
including product and supply chain sustainability.
The rating is supported by the company's defensible market position
in the wholesale team uniform, school-related sportswear and
dancewear markets, which drove strong operating margins and cash
flow generation prior to the pandemic. The ratings also consider
the limited level of fashion risk in the company's products,
product breadth and demand stability from the ultimate end users,
all of which drive resilient operating performance.
Moody's expects Augusta to have adequate liquidity over the next
12-15 months, including positive free cash flow and excess revolver
availability.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company demonstrates sustained
improvement in revenue and earnings. An upgrade would also require
maintaining good liquidity, including the refinancing of its debt
maturities in an economic manner well ahead of the obligations
becoming current. Quantitatively, ratings could be upgraded if
debt/EBITDA was sustained below 5.75 times and EBITA/interest
expense above 1.75 times.
The ratings could be downgraded if the company's earnings or
liquidity were to deteriorate for any reason, including failure to
refinance its 2023 maturities in a timely manner. Quantitively, the
ratings could be downgraded if lease-adjusted EBITA/interest
expense declines below 1.25 times.
The principal methodology used in these ratings was Apparel
published in June 2021.
Headquartered in Augusta, Georgia, Oak Parent, Inc. (Augusta
Sportswear), through its subsidiaries, manufactures and distributes
youth team sports uniforms, dance apparel and related products
serving customers in the United States. The company has been
majority owned by Kelso & Company, a private equity firm, since
2012, and does not publicly disclose financial information. Revenue
for the latest twelve months ended January 2, 2022 was less than
$300 million.
PALACE THEATER: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------
The U.S. Trustee for Region 11 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Palace Theater, LLC.
About Palace Theater
Wisconsin-based Palace Theater, LLC is a privately held company in
the performing arts business. The Palace Theater is a theatre
destination, producing classic broadway productions, children's
theatre shows, comedy and concerts, with both original artists and
tribute concerts.
Palace Theater filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. W.D. Wis. Case No.
21-11714) on Aug. 16, 2021, disclosing total assets of $9,086,225
and total liabilities of $6,449,452. Anthony J. Tomaska, managing
member, signed the petition.
Judge Rachel M. Blise oversees the case.
The Debtor tapped Steinhilber Swanson, LLP as legal counsel and
Martin J. Cowie as accountant.
PINNACLE DRILLING: Seeks Chapter 11 Bankruptcy Protection
---------------------------------------------------------
Pinnacle Drilling Services LLC has filed for bankruptcy protection
in Texas.
According to court filing, Pinnacle Drilling Services estimates
between 1 and 49 unsecured creditors. The petition also states
that funds will be available to unsecured creditors.
About Pinnacle Drilling Services
Pinnacle Drilling Services LLC --
https://www.pinnacledrillingservices.com/ -- is one of the fastest
growing driling company in Texas.
Pinnacle Drilling Services LLC sought Chapter 11 bankruptcy
protection (Bankr. M.D. Tex. Case No. 22-50037) on March 31, 2022.
In the petition filed by Robert Nathis, president, Pinnacle
Drilling estimated assets between $1 million and $10 million and
liabilities between $100,000 and $500,000. J. Seth Moore, Esq., of
CONDON TOBIN SLADEK THORNTON NERENBERG, PLLC, is the Debtor's
counsel.
PORTOFINO TOWERS: Unsecureds Will Get 100% of Claims in 5 Years
---------------------------------------------------------------
Portofino Towers 1002 LLC filed with the U.S. Bankruptcy Court for
the Southern District of Florida a Disclosure Statement describing
Chapter 11 Plan dated March 29, 2022.
The Debtor is a Limited Liability Corporation. Debtor owns a luxury
condo at the iconic South Beach Portofino 300 S Pointe Dr Apt 1002,
Miami Beach, FL 33139 valued at $1.9 million.
There was a prior case 16-18808 LMI which was confirmed. Subsequent
to that case Laurent Benzaquen became the occupant as well as the
owner of the property, and he resides there as his principal
residence with his wife and children.
This chapter 11 was filed 9/27/20 to reorganize the first mortgage
and the two condo associations, as well as a large unsecured
claim.
Debtor is and will also be paying bank and condo payments along
with US Trustee fees, and payments to unsecured and administrative
creditors, adding up to a significant sum. New value is counted as
a credit against the absolute priority rule.
Class 5 consists of General Unsecured Claims. General Unsecured
Creditors include disputed claim 2&6 Heagrand, Inc. $502335 at
$405000; and disputed claim 1Staples claim 1 $2126.34. Allowed
unsecured claims will be paid 100% over 5 years.
Class 6 consists of Equity Security Holders of the Debtor. Equity
Holders will retain their interests or be issued new memberships
for new value paid in this case.
Payments and distributions under the Plan will be funded by
Agostinho Calcada and affiliates and rent income.
Debtor will be able to make the payments required under the plan
from continuing contributions outside of the plan Cromwell and
Forbes, the real estate company where he has his real estate
license. The net result is Mr. Benzaquen can demonstrate his
ability to make monthly payments.
A full-text copy of the Disclosure Statement dated March 29, 2022,
is available at https://bit.ly/3j3fp1G from PacerMonitor.com at no
charge.
Attorney for the Plan Proponent:
Joel M. Aresty, Esq.
Joel M. Aresty, P.A.
309 1st Ave S
Tierra Verde, FL 33715
Tel: (305) 904-1903
Fax: (800) 899-1870
Email: Aresty@Mac.com
About Portofino Towers 1002
Portofino Towers 1002, LLC owns a condo at 300 S Pointe Dr. Unit
1002, Miami Beach, Fla.
Portofino Towers 1002 filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
20-20446) on Sept. 27, 2020, listing up to $10 million in both
assets and liabilities. Laurent Benzaquen, authorized member,
signed the petition.
The cases are assigned to Judge A. Jay Cristol.
Joel M. Aresty, Esq., at Joel M. Aresty P.A., is the Debtor's legal
counsel.
PREMIER MODERN: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: Premier Modern Commercial Real Estate Holdings
Limited, LLC
4620 Edgewood Terrace
Fort Worth, TX 76119
Business Description: The Debtor is primarily engaged in renting
and leasing real estate properties.
Chapter 11 Petition Date: April 4, 2022
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 22-40737
Debtor's Counsel: Michael Mitchell, PLLC
DEMARCO MITCHELL, PLLC
1255 West 15th St., 805
Plano, TX 75075
Tel: (972) 578-1400
Email: mike@demarcomitchell.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Alrick V. Warner as managing member.
Mark E. Pafford is listed as the Debtor's only unsecured creditor
holding a claim of $100,000.
A full-text copy of the petition is available for free at
PacerMonitor.com at:
https://www.pacermonitor.com/view/5QHNRII/Premier_Modern_Commercial_Real__txnbke-22-40737__0001.0.pdf?mcid=tGE4TAMA
QUANTUM CORP: PIMCO Holds Warrants to Purchase 6.4M Common Shares
-----------------------------------------------------------------
Pacific Investment Management Company LLC disclosed in a Schedule
13D filed with the Securities and Exchange Commission that as of
March 16, 2022, it beneficially owns 6,370,070 warrants to purchase
shares of common stock, par value $0.01 per share, of Quantum
Corporation, representing 9.54 percent of the shares outstanding.
The shares reported represent the securities of the Issuer that are
held by OC II FIE V LP, comprised of 6,370,070 shares of Common
Stock that OC II FIE V LP has the right to acquire through the
exercise of certain warrants of the Issuer held by OC II FIE V LP.
The number of shares outstanding for purposes of this percentage
calculation assumes (i) 60,433,035 outstanding shares of the
Issuer's Common Stock as of March 14, 2022, as provided by the
Issuer to the Reporting Person on March 16, 2022, plus (ii) the
exercise of the warrants held by OC II FIE V LP.
Each of OC II FIE V LP and OC III LVS XL LP was formed solely for
the purpose of investment holding. OC II is the holder of the
Warrants owned by PIMCO, and OC II and OC III are parties to the
Investment Commitment Agreement.
On March 16, 2022, the Company entered into an Investment
Commitment Agreement with OC II, OC III and certain other existing
security holders of the Company, in connection with a contemplated
rights offering by the Company of approximately 30 million shares
of Common Stock at a price of $2.25 per share. Pursuant to the
Investment Commitment Agreement, the Committed Purchasers have
agreed to exercise their basic subscription rights in the Rights
Offering in full, and certain of the Committed Purchasers,
including OC II and OC III, have further agreed to exercise
over-subscription rights for the unsubscribed portion of the basic
subscription rights, up to an aggregate of approximately $53.5
million in the Rights Offering for all such Committed Purchasers,
subject to the terms of the Investment Commitment Agreement,
including certain ownership limitations, of which OC II and OC III
have committed to purchase, in the aggregate, up to 12,672,459
shares.
The working capital of the PIMCO Entities will be the source of
funds for the purchase of shares of Common Stock in the Rights
Offering.
PIMCO provides global investment management services for a wide
range of investors.
A full-text copy of the regulatory filing is available for free
at:
https://www.sec.gov/Archives/edgar/data/709283/000119312522086745/d307911dsc13d.htm
About Quantum Corp.
Based in San Jose, California, Quantum Corp. (NYSE:QTM) --
http://www.quantum.com-- provides technology and services that
stores and manages video and video-like data delivering streaming
for video and rich media applications, along with low cost, high
density massive-scale data protection and archive systems. The
Company helps customers capture, create and share digital data and
preserve and protect it for decades.
For the nine months ended Dec. 31, 2021, the Company reported a net
loss of $24.47 million. Quantum reported a net loss of $35.46
million for the year ended March 31, 2021, compared to a net loss
of $5.21 million for the year ended March 31, 2020. As of Dec. 31,
2021, the Company had $187.64 million in total assets, $310.42
million in total liabilities, and a total stockholders' deficit of
$122.78 million.
QUANTUM CORP: To Raise $67.5 Million in Rights Offering
-------------------------------------------------------
Quantum Corporation commenced the previously announced rights
offering to raise gross proceeds of up to approximately $67.5
million. Under the terms of the Rights Offering, all holders of
record of the Company's common stock, and holders of certain
outstanding warrants to purchase shares of Common Stock issued by
the Company, as of 5:00 p.m. Eastern Time on March 25, 2022, will
receive, with respect to each share of Common Stock (including
shares issuable upon the exercise of Participating Warrants), a
subscription right to purchase 0.422572999 of a share of Common
Stock, at a subscription price per share equal to $2.25 per whole
share. The subscription rights may be exercised at any time during
the subscription period, which commenced March 29, 2022, and ends
at 5:00 p.m. Eastern Time on April 18, 2022. The subscription
rights will expire if they are not exercised by the Expiration
Date.
The Rights Offering will include an over-subscription right to
permit each rights holder that exercises its basic subscription
rights in full to purchase additional shares of Common Stock that
remain unsubscribed at the expiration of the offering. The
availability of over-subscription rights will be subject to certain
terms and conditions, including pro rata adjustments (if any), as
set forth in the subscription documents. If the Rights Offering is
fully subscribed, the Company expects to issue an aggregate of
approximately 30,000,000 shares of Common Stock, as more fully
described in the prospectus supplement, dated March 29, 2022,
relating to the Rights Offering.
The Company has separately entered into an Investment Commitment
Agreement with Neuberger Berman Investment Advisers LLC on behalf
of itself and certain funds managed by it, BRF Investments, LLC, B.
Riley Securities, Inc., BRC Partners Opportunity Fund, LP, and
certain of its other existing security holders, pursuant to which
the Committed Purchasers have agreed to, subject to certain
conditions, exercise their basic subscription rights in full, and
certain funds managed by Neuberger Berman and certain other
Committed Purchasers have further agreed to exercise
over-subscription rights for the unsubscribed portion of the basic
subscription rights, for up to an aggregate of approximately $55.0
million in the Rights Offering, subject to certain ownership
limitations, pro rata adjustments (if any), and other conditions as
set forth in the Investment Commitment Agreement. The subscription
rights will be non-transferable. If no security holders exercise
their subscription rights other than the Committed Purchasers, the
Company expects to receive gross proceeds of approximately $49.0
million in the Rights Offering as a result of the ownership
limitations, pro rata adjustments (if any), and other conditions as
set forth in the Investment Commitment Agreement.
All of the Company's directors and certain of the Company's
executive officers who are eligible to participate have indicated
that they are planning to participate in the Rights Offering.
The Company reserves the right to amend, extend, postpone or cancel
the Rights Offering at any time prior to the closing of the Rights
Offering, subject to certain consent rights of the Committed
Purchasers with respect any amendments as specified in the
Investment Commitment Agreement.
The Company has engaged Alliance Advisors, LLC to act as
information agent with respect to the Rights Offering. For
questions regarding the Rights Offering, or to obtain copies of the
Rights Offering prospectus supplement and any related materials,
please contact the information agent, Alliance Advisors, LLC, toll
free at (833) 786-6484, by email at QMCO@allianceadvisors.com, or
by mail at Alliance Advisors, LLC, 200 Broadacres Dr., 3rd Floor,
Bloomfield, NJ 07003.
The Rights Offering will be made pursuant to the Company's shelf
registration statement on Form S-3 filed with the Securities and
Exchange Commission, and related prospectus, dated Dec. 9, 2020, as
supplemented by the prospectus supplement dated March 29, 2022.
Copies of the prospectus supplement and the accompanying prospectus
will be delivered to eligible holders (including holders of the
Participating Warrants) of record and may also be obtained at the
website maintained by the SEC at www.sec.gov. Stockholders and
warrantholders are urged to carefully review the prospectus
supplement and the accompanying prospectus and subscription
documents and consult with their own legal and financial advisors
in deciding whether or not to exercise their subscription rights.
About Quantum Corp.
Based in San Jose, California, Quantum Corp. (NYSE:QTM) --
http://www.quantum.com-- provides technology and services that
stores and manages video and video-like data delivering streaming
for video and rich media applications, along with low cost, high
density massive-scale data protection and archive systems. The
Company helps customers capture, create and share digital data and
preserve and protect it for decades.
For the nine months ended Dec. 31, 2021, the Company reported a net
loss of $24.47 million. Quantum reported a net loss of $35.46
million for the year ended March 31, 2021, compared to a net loss
of $5.21 million for the year ended March 31, 2020. As of Dec. 31,
2021, the Company had $187.64 million in total assets, $310.42
million in total liabilities, and a total stockholders' deficit of
$122.78 million.
REGIONAL HEALTH: Adjourns Special Meeting Until May 2
-----------------------------------------------------
Regional Health Properties, Inc. convened its special meeting of
the holders of its 10.875% Series A Cumulative Redeemable Preferred
Shares and holders of its common stock, no par value, on March 28,
2022. At the Special Meeting, the holders of Series A Preferred
Stock and the holders of Common Stock, voting together as a single
class, approved the adjournment of the Special Meeting for the
purpose of soliciting additional votes for the approval of the
Required Proposals (as defined in the Proxy Statement/Prospectus),
and the Special Meeting was adjourned.
The Special Meeting will be reconvened on Monday, May 2, 2022 at
10:00 a.m., Eastern Time, at Sonesta Gwinnett Place Atlanta,
located at 1775 Pleasant Hill Road, Duluth, Georgia. The record
date for determination of the holders of Series A Preferred Stock
and the holders of Common Stock entitled to notice of, and to vote
at, the reconvened Special Meeting remains the close of business on
Feb. 24, 2022.
Any proxies previously submitted by the holders of Series A
Preferred Stock and the holders of Common Stock with respect to the
Special Meeting convened and adjourned on March 28, 2022 will
continue to be counted. Such holders need not submit a new proxy
for their votes to be counted. The holders of Series A Preferred
Stock and the holders of Common Stock may revoke their proxies as
set forth in the Proxy Statement/Prospectus.
As previously announced, the Company commenced an offer to exchange
any and all of its outstanding Series A Preferred Stock for newly
issued shares of the Company's 12.5% Series B Cumulative Redeemable
Preferred Shares. The Company is extending the expiration date for
the Exchange Offer from 11:59 p.m., New York City time, on March
28, 2022 to 5:00 p.m., New York City time, on May 2, 2022 to allow
additional time for the holders of Series A Preferred Stock to
tender their shares of Series A Preferred Stock in the Exchange
Offer. As of 11:59 p.m., New York City time, on March 28, 2022,
1,945,379 shares of Series A Preferred Stock had been properly
tendered (and not validly withdrawn) in the Exchange Offer.
Morrow Sodali LLC is acting as the Information Agent in connection
with the Exchange Offer and as the Proxy Solicitor in connection
with the Special Meeting, and Continental Stock Transfer & Trust
Company, our transfer agent, is acting as the Exchange Agent in
connection with the Exchange Offer.
About Regional Health Properties
Regional Health Properties, Inc. (NYSE American: RHE) (NYSE
American: RHEpA) -- http://www.regionalhealthproperties.com/-- is
a self-managed healthcare real estate investment company that
invests primarily in real estate purposed for senior living and
long-term healthcare through facility lease and sub-lease
transactions.
Regional Health a net loss of $1.18 million for the year ended Dec.
31, 2021, and a net loss of $688,000 for the year ended Dec. 31,
2020. As of Dec. 31, 2021, the Company had $105.70 million in
total assets, $95.30 million in total liabilities, and $10.40
million in total stockholders' equity.
RESHAPE LIFESCIENCES: Incurs $61.9 Million Net Loss in 2021
-----------------------------------------------------------
Reshape Lifesciences Inc. reported a net loss of $61.93 million on
$13.60 million of revenue for the year ended Dec. 31, 2021,
compared to a net loss of $21.63 million on $11.30 million of
revenue for the year ended Dec. 31, 2020.
The increase in total revenue is primarily due to lessened COVID-19
pandemic restrictions for elective surgeries in 2021 as compared to
2020, as well as increased overall sales and marketing efforts.
As of Dec. 31, 2021, the Company had $54.26 million in total
assets, $8.19 million in total liabilities, and $46.07 million in
total stockholders' equity.
Gross Profit for the year ended Dec. 31, 2021, was $8.3 million,
compared to $6.3 million for the year ended Dec. 31, 2020, an
increase of $2.0 million, or 33.3%. Gross profit as a percentage
of revenue for the year ended Dec. 31, 2021, was 61.4% compared to
55.4% for the same period in 2020. The increase in gross profit
margin is primarily due to the Company realizing significant cost
of goods savings by moving manufacturing from Costa Rica to a new
supplier in the U.S. Additionally, increased sales volume, reduced
period expenses, and improved product mix with higher domestic
sales as a percentage of revenue also contributed to higher gross
profit margins.
Sales and Marketing Expenses for the year ended Dec. 31, 2021 were
$9.2 million compared to $4.7 million for the year ended Dec. 31,
2020. The increase is primarily attributable to strengthening of
commercial operations coming out of COVID, in addition to increased
advertising and marketing costs of $2.5 million, as the Company
launched its multi-platform, direct-to-consumer marketing campaign
which includes national television and print advertising and
increased social media presence. Stock-based compensation expense
increased $1.2 million related to the previously mentioned equity
grants. Additionally, payroll related expenditures increased by
$0.4 million as the Company strengthened its commercial
organization and commissions increased by $0.2 million from higher
revenue compared to the prior year. The Company expects to
continue dedicating more resources towards commercial operations,
particularly through its national direct-to-consumer advertising
campaign, resulting in an increase in total Sales and Marketing
expenses for 2022.
General and Administrative Expenses were $24.4 million for the full
year of 2021 compared to $10.5 million for the year ended Dec. 31,
2020, an increase of $13.9 million. The change is primarily due to
an increase of $8.9 million in stock-based compensation expense
issued for the first time since 2017 in the third quarter of 2021.
The Company issued both restricted stock units and stock options
containing a look back provision to begin vesting at the one-year
anniversary of the date of employment, resulting in an expense of
$6.8 million at the time the awards were granted. This amount also
reflects an increase in audit, consulting, legal, insurance,
professional services, payroll related expenses and an increase in
rent and facility expenses both associated with the Obalon merger.
Research and development expenses were $2.5 million for the full
year of 2021 compared to $3.5 million for the year ended Dec. 31,
2020. The decrease is primarily related to the slowdown of the
clinical trials related to the vest due to the COVID-19 pandemic.
Total operating expenses were $64.8 million for the full year of
2021 compared to $18.7 million for the year ended Dec. 31, 2020.
The increase is primarily due to the previously mentioned one-time
charges for the Company's merger, non-cash stock-option
compensation, and loss on impairment of intangible assets and
goodwill. Additionally, sales and marketing expenses increased due
to the launch of the multi-platform consumer advertising campaign
utilizing national television and print, social media, and public
relations during the fourth quarter of 2021.
Cash and cash equivalents were $22.8 million as of Dec. 31, 2021.
Of note, the Company eliminated all debt from the balance sheet
including $10.5 million term debt with an institutional investor
and the final, $3.0 million, obligation to Apollo Endosurgery for
the purchase of the Lap-Band in December of 2018. Additionally,
$6.0 million in professional service and investment banking fees
was paid related to the Obalon merger. As mentioned in previous
quarters, the Company continues to save and optimize costs while it
strives to increase revenue and pursue significant ROI growth
opportunities.
A full-text copy of the press release is available for free at:
https://www.sec.gov/Archives/edgar/data/1427570/000155837022004517/rsls-20220328xex99d1.htm
About ReShape Lifesciences
ReShape Lifesciences (formerly Obalon Therapeurtics, Inc.) is a
weight loss and metabolic health-solutions company, offering an
integrated portfolio of proven products and services that manage
and treat obesity and metabolic disease.
For the nine months ended Sept. 30, 2021, the Company reported a
net loss of $26.48 million. Obalon reported a net loss of $23.67
million for the year ended Dec. 31, 2019, and a net loss of $37.38
million for the year ended Dec. 31, 2018. As of Sept. 30, 2021,
the Company had $90.70 million in total assets, $11.48 million in
total liabilities, and $79.22 million in total stockholders'
equity.
RODAN & FIELDS: S&P Downgrades ICR to 'CCC', Outlook Negative
-------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Rodan &
Fields LLC's (R+F) to 'CCC' from 'CCC+' because S&P believe a
default due to a balance sheet restructuring (including a potential
debt repurchase below par) or liquidity crisis (including a
covenant breach) is likely without unforeseen positive developments
within the next 12 months.
S&P said, "Concurrently, we lowered our issue-level ratings on the
company's first lien credit facility including its first lien
revolving facility due 2023 and the term loan due 2025 to 'CCC+'
from 'B-'. The '2' recovery rating on the term loan reflects our
expectation of substantial (70-90%; rounded: estimate 70%) recovery
in the event of a payment default."
The negative outlook reflects the potential for a lower rating if a
default appears inevitable within six months. This includes the
possibility of an opportunistic restructuring of the company's
capital structure, or a conventional default.
The preliminary approval of the Lash Boost litigation settlement
pressures liquidity, further increasing the likelihood of a
default. The company had $82 million of cash on the balance sheet
and access to approximately $34 million of its $200 million
revolving credit facility before triggering its springing
first-lien leverage covenant of 3.75x, which, if sprung, would not
be in compliance. We believe the preliminary approval of the $30
million cash settlement further weakens the company's liquidity
position. This comes at a time when the company's revenue, EBITDA,
and consultant base continues to decline and resulting in negative
free cash flow generation. This weighs on the timeline it needs to
address its revolver, which becomes current in June 2022. Absent
any positive developments, we believe the company could breach its
covenant if it has to use the revolver to fund its operations if it
has a higher cash burn than forecasted, cannot cover its interest
expense, or pursues a debt restructuring or distressed exchange.
The company's revolving credit facility is trading around 55 cents
on the dollar and its term loan B is trading around 60 cents, which
we view to be distressed. This is a deterioration from about 70
cents in late 2021 on both debt instruments. S&P believes this
could signal the potential for a distressed exchange transaction as
the company faces near-term refinancing risk
S&P estimates the company's annual cash interest expense to be
approximately $35 million and will continue to use approximately
$25 million of cash for annual capital expenditures (capex) mainly
for technology investments, and $ 6 million in annual term loan
amortization.
Rodan & Fields LLC's (R+F's) ability to return to revenue growth is
uncertain. R+F's has guided to another 10% decline in 2022 after
revenue declined 20% in 2021 compared to 2020. This is the third
year the company has experienced annual double-digit revenue
declines from its peak in 2018. S&P said, "We believe this is
attributable to the increased competition in the skincare category,
from digital upstarts and increased investments in this category
from industry giants such as Estee Lauder and Loreal. Consultants
and preferred customers continue to decline despite several
previous attempts to help engage consultants. The company has
launched a new program design under its new CEO (joined 2021) and
is showing encouraging early results. However, we believe the
company's path to stabilization is still in its early phases and
execution risk remains high. In addition, the company's liquidity
position is deteriorating further as it navigates its turnaround
strategy, despite the announced cost-saving initiatives at the end
of 2021. As such, we believe the company will continue to generate
negative free operating cash flow, furthering pressuring its
ability to manage the business and refinance its debt."
The negative outlook reflects the potential that S&P could lower
its ratings if a default appears inevitable within six months. This
includes the possibility of an opportunistic restructuring of the
company's capital structure, or a conventional default.
S&P's could lower the ratings if:
-- The company is unable to extend the maturity of its revolver
(due in June 2023) in the upcoming months.
-- Its performance declines faster than S&P's expectations and its
liquidity position deteriorates further, resulting in reliance on
its revolver and a potential covenant compliance breach.
-- The company cannot make its annual interest payments due to
higher-than-expected cash burn from investments needed to
turnaround the business or has unexpected legal costs.
-- The company pursues a distressed exchange as its debt is
trading at distressed levels.
-- S&P could raise its ratings on the company if it believes the
likelihood of default has declined.
This could occur if R+F:
-- Pays its stated $30 million legal settlement without disruption
to its ability to meet its other obligations and continues to make
investments required to turnaround its business.
-- Successfully addresses its revolver maturity ahead of it
becoming current in June 2022.
-- Its new turnaround program is able to stem the revenue decline
such that S&P believes it is more likely the company can address
its capital structure without a distressed exchange.
RUBY PIPELINE: S&P Lowers ICR to 'D' on Missed Principal Payment
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Ruby
Pipeline LLC to 'D' from 'CC' and its issue-level rating on the
senior notes to 'D' from 'CCC-'.
Ruby Pipeline has not made the principal payment of $475 million
due on its senior unsecured notes, which constitutes an event of
default. At the same time, the company has filed a voluntary
petition for bankruptcy under Chapter 11 in the U.S Bankruptcy
Court for the District of Delaware.
SABINE STORAGE: Taps Parkins Lee & Rubio as Bankruptcy Counsel
--------------------------------------------------------------
Sabine Storage & Operations, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Parkins Lee & Rubio, LLP to handle its Chapter 11 case.
The hourly rates charged by the firm's attorneys and paralegals are
as follows:
Attorneys $625 to $825 per hour
Associates $525 to $625 per hour
Paralegals $180 to $250 per hour
The firm will also seek reimbursement for out-of-pocket expenses.
The retainer fee is $25,000.
R.J. Shannon, Esq., a partner at Parkins Lee & Rubio, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
R. J. Shannon, Esq.
Parkins Lee & Rubio LLP
700 Milam Street Suite 1300
Houston, TX 77002
Tel: (713) 715-1660
Email: rshannon@parkinslee.com
About Sabine Storage & Operations
Sabine Storage & Operations is a Houston-based engineering company,
which focuses on the development, maintenance and operation of
underground storage facilities for liquids and gases, and disposal
of waste.
Sabine Storage & Operations filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No.
22-30670) on March 16, 2022, listing $187,486 in assets and
$6,375,762 in liabilities. Chris Quinn serves as Subchapter V
trustee.
Judge Eduardo V. Rodriguez oversees the case.
R.J. Shannon, Esq., at Parkins Lee & Rubio LLP serves as the
Debtor's legal counsel.
SAFMAR FINANCIAL: S&P Lowers ICR to 'CC/C' Then Withdraws Rating
----------------------------------------------------------------
S&P Global Ratings lowered its long-term issuer credit ratings on
Safmar Financial Investments (SFI) to 'CC' from 'CCC-', following
its downgrade to Russia on March 17, 2022. S&P Global Ratings also
affirmed its 'C' short-term issuer credit ratings on the company.
The ratings remain on CreditWatch with negative implications.
Subsequently, S&P Global Ratings withdrew its ratings on SFI.
S&P said, "The downgrade follows the lowering of our transfer and
convertibility (T&C) assessment on Russia to 'CC' from 'CCC-' and
the lowering of the foreign and local currency sovereign credit
ratings on Russia to 'CC/C' from 'CCC-/C'; all sovereign ratings
remain on Watch negative.
"We capped the foreign currency rating on SFI at the level of the
T&C assessment on Russia given the numerous currency restrictions
the Central Bank of Russia had imposed.
"The ratings withdrawal follows the EU's decision on March 15 to
ban the provision of credit ratings to legal persons, entities, or
bodies established in Russia and our ensuing announcement that we
will withdraw all our ratings on relevant issuers before April 15,
2022, the deadline imposed by the EU."
SEVEN THREE DISTILLING: Creditors to Get Paid from Sale Proceeds
----------------------------------------------------------------
Seven Three Distilling Co., LLC, submitted a Fourth Amended Plan
under Subchapter V dated March 29, 2022.
The Debtor's Fourth Amended Plan provides that the Debtor will
conduct a Sale Process of all of the membership interests in the
Debtor, which will be sold in accordance the highest and best bid,
subject to Court approval. The proceeds of the sale will be
distributed to holders of claims and interests in accordance with
the terms of this Plan through the creation of a Liquidation Trust.
The Debtor owns no immovable property. The Debtor's primary assets
consist of the following: inventory including certain barreled and
bottled spirits produced by the Debtor and held for distribution
and sale, and work in progress; distilled spirits plant (DSP)
equipment housed at the Debtor's current business location and
utilized for the production of spirits; and intellectual property
inclusive of the Debtor's trademarks, recipes, websites and other
intangible property.
The Debtor believes that the sale process will generate sufficient
cash proceeds that the Debtor will have enough cash on hand on the
Effective Date of the Plan to pay all Administrative Claims,
Priority Tax Claims, and Priority Claims. On or about January 25,
2022 the Debtor received a proposed Term Sheet from parties in
interest, Jeffery Rogers, and 301 North Claiborne sing to purchase
the membership interests in the Debtor in an amount that would
purportedly be sufficient to pay all Allowed Claims against the
Debtor's estate.
Thereafter the Debtor confirmed the financial ability of Rogers and
301 North Claiborne LLC to consummate the proposed transaction by
way of a financial institution letter. Although further efforts to
reach an agreement on a Term Sheet with those parties were
unsuccessful, the Debtor believes that those parties and other
parties in interest or potential bidders may submit competing bids
for the Membership Interests of the Debtor.
Pursuant to the Order of the Bankruptcy Court entered on February
22, 2022 approving bid procedures an auction of the membership
interests of the Reorganized Debtor was set to be held on March 22,
2022. The Subchapter V Trustee conducted the auction on March 22,
2022 and the Prevailing Bidder at the auction was JR73AC, LLC with
a bid of $615,000 and the Back-Up Bidder with the second-highest
bid at $606,000 was Spirits Holding, LLC.
Class 3 consists of NonPriority Unsecured Creditors. Class 3 is
impaired by the Plan. Each holder of an allowed Class 3
Non-Priority Unsecured Claim will receive their pro-rata share of
the sale proceeds, after payment of Allowed Administrative Claims,
Allowed Priority Tax Claims, Class 1 Priority Claims, and Class 2
Secured Claims. Estimated amount of claims in this Class total
$1,193,336 ($3,202,099 if Jeff Rogers Proof of Claim allowed).
Class 5 consists of PrePetition Equity Interest Holders. Each
holder of a Class 5 Interest will receive cash distribution on
account of such claim only if and when all distributions to holders
of Class 3 and 4 Claims have been paid in full. If such holders of
Class 3 and 4 Claims have been paid in full, holders of Class 5
Interests shall be thereafter entitled to receive their prorata
share of the sale proceeds.
As of the Petition Date, the Debtor's Operating Agreement and the
documents on file with the Secretary of State reflected Eileen
Bivalacqua as the sole 100% pre-petition equity interest holder of
the Debtor. Jeffrey Rogers has claimed in suits in the Civil
District Court for the Parish of Orleans that he in fact holds a
50% membership interest in the Debtor.
The Debtor proposes to conduct an Auction of the membership
interests in the Debtor and will proceed in accordance with the Bid
Procedures. The Bid Procedures set forth the terms by which
prospective bidders may qualify for and participate in the Auction,
thereby competing to make the highest or otherwise best offer to
purchase a 100% membership interest in the Reorganized Debtor, such
that all assets of the Debtor's estate shall vest in the
Reorganized Debtor, excluding Reserved Causes of Action and the
Debtor's Debtor in Possession Deposit Accounts with Hancock Whitney
Bank (account no. ending 9242), Iberia Bank (account numbers ending
4327, 1999, and 1988), and other property and/or assets described
in the Membership Interest Purchase Agreement, which shall vest in
the Liquidation Trust.
The sale proceeds received by the Debtor shall be retained and
segregated until the Effective Date when they will be transferred
to the Liquidation Trustee who will distribute those proceeds and
other amounts to the holders of Claims in accordance with the terms
of this Plan. The Liquidation Trustee shall be authorized to
receive and distribute the sale proceeds accordingly to file and
prosecute objections to Claims, and to file, and prosecute Reserved
Causes of Action.
A full-text copy of the Fourth Amended Chapter 11 Plan dated March
29, 2022, is available at https://bit.ly/3x2ZZ5M from
PacerMonitor.com at no charge.
Attorneys for the Debtor:
CHRISTOPHER T. CAPLINGER
JOSEPH P. BRIGGETT
JAMES W. THURMAN
Lugenbuhl Wheaton Peck Rankin & Hubbard
601 Poydras St., Suite 2775
New Orleans, LA 70130
Tel: (504) 568-1990
Fax: (504) 310-9195
Email: jbriggett@lawla.com
About Seven Three Distilling Company
301 North Claiborne, LLC, and four other alleged creditors of Seven
Three Distilling Company, LLC, filed an involuntary Chapter 11
petition (Bankr. E.D. La. Case No. 21-10219) against the company on
Feb. 22, 2021.
Judge Meredith S. Grabill oversees the Debtor's bankruptcy case.
Leo Congeni, Esq., at Congeni Law Firm, LLC, is representing the
petitioning creditors.
The Debtor tapped Lugenbuhl, Wheaton, Peck, Rankin & Hubbard as
legal counsel and Patrick J. Gros CPA APAC as accountant.
SL GREEN: Moody's Assigns 'Ba1' CFR & Alters Outlook to Stable
--------------------------------------------------------------
Moody's Investors Service has downgraded SL Green Operating
Partnership, L.P.'s senior unsecured debt rating to Ba1 from Baa3
due to the expectation that leverage metrics will remain high
despite income growth, and the capital strategy of using asset
sales proceeds to buyback stock will continue. In the same rating
action, the parent REIT SL Green Realty Corp.'s (collectively SL
Green or ‘the REIT') preferred stock rating has been downgraded
to Ba3 from Ba1, consistent with the notching guidelines for REIT
issuers, and a corporate family rating of Ba1 was assigned. Moody's
also assigned a speculative grade liquidity rating of SGL-2 to SL
Green Operating Partnership, L.P. The rating outlook was revised to
stable from negative.
The stable rating outlook reflects SL Green's high quality
portfolio, its predictable cash flows and proven access to multiple
sources of capital.
The following ratings were downgraded:
Issuer: SL Green Operating Partnership, L.P.
Junior Subordinated Shelf, Downgraded to (P)Ba2 from (P)Ba1
Subordinated Shelf, Downgraded to (P)Ba2 from (P)Ba1
Senior Unsecured Shelf, Downgraded to (P)Ba1 from (P)Baa3
Senior Unsecured Regular Bond/Debenture, Downgraded to Ba1 from
Baa3
Issuer: SL Green Realty Corp.
Junior Subordinated Shelf, Downgraded to (P)Ba2 from (P)Ba1
Subordinated Shelf, Downgraded to (P)Ba2 from (P)Ba1
Preferred Shelf, Downgraded to (P)Ba3 from (P)Ba1
Preferred Shelf Non-cumulative, Downgraded to (P)Ba3 from (P)Ba1
Senior Unsecured Shelf, Downgraded to (P)Ba1 from (P)Baa3
Preferred Stock, Downgraded to Ba3 from Ba1
Senior Unsecured Regular Bond/Debenture, Downgraded to Ba1 from
Baa3
The following ratings were assigned:
Issuer: SL Green Operating Partnership, L.P.
Corporate Family Rating, Assigned Ba1
Speculative Grade Liquidity Rating, Assigned SGL-2
Outlook Actions:
Issuer: SL Green Operating Partnership, L.P.
Outlook, Changed to Stable from Negative
Issuer: SL Green Realty Corp.
Outlook, Changed to Stable from Negative
RATINGS RATIONALE
SL Green's Ba1 rating reflects the solid operating performance of
its high quality portfolio of Manhattan office assets, laddered
lease maturity schedule and diversified tenant base. Its elevated
leverage metrics, significant geographic and asset concentration,
and financial policy that includes material stock buybacks are
other key credit considerations.
The REIT's aggregate and secured leverage ratios, including its
pro-rata share of unconsolidated joint ventures, are weak due to
its capital strategy – high proportion of mortgage debt,
financial policy- its stock buyback program, and large development
exposure. At YE 2021, the REIT's effective leverage ratio (debt +
preferred to gross assets) was 56.8% and secured leverage was
35.5%, including pro-rata share of JV investments. With the same
adjustments, the net debt + preferred to EBITDA was 13.9x and has
been above 12x since Q1 2021. SL Green's effective and secured
leverage metrics are moderate when calculated on a consolidated
GAAP basis at about 41.1% and 10.8% respectively, however net debt
+ preferred to EBITDA is high. Even with healthy earnings (EBITDA)
growth of 3% over the next two years, the REIT's net debt +
preferred to EBITDA ratio is expected to be elevated, in the
11.5-12.0x range, at YE 2023. SL Green's fixed charge coverage has
been steady at above 2.0x, was 2.1x at YE 2021, over the last few
years.
The operating environment for New York office landlords has been
challenging over the last few quarters with low office utilization,
increasing vacancy rates, and a decline in investment activity.
However, top-tier assets have outperformed the market by a sizeable
margin. According to CBRE-EA, Manhattan office vacancy rate
increased by 600 bps since YE 2019, however SL Green's same-store
leased occupancy declined by only 320 bps in the same period.
Higher quality office properties with laddered lease maturity
schedules were also less vulnerable to rising tenant concession
packages that resulted in lower net effective rents. Given the
current expectations of recovery in utilization and leasing, and a
moderate supply pipeline, Moody's expect SL Green's operating
metrics like occupancy, renewal pricing and same-store NOI to
improve over the next few quarters.
With SL Green's focus on the Manhattan office market, geographic
concentration has always been a credit challenge. A decline in the
number of the assets and a significant increase in the share of NOI
generated by a few large properties such as One Vanderbilt has
increased asset concentration risk. Tenant and tenant sector
concentrations are moderate and the lease maturity schedule is
laddered with 17.5% of annualized lease rent expiring through YE
2023.
Since YE 2019, the REIT has spent about $950 million on stock and
operating unit repurchases in addition to the $580 million of
common dividend payments and had about $300 million of remaining
capacity on the $3.5 billion buyback program at YE 2021. Moody's
expect that dispositions in 2022 will be used to fund additional
share repurchases and the REIT could expand the authorization or
launch a new program. Although the buyback program has not
meaningfully affected SL Green's liquidity position, the sale of
high quality cash-flowing properties to fund the buyback program
has contributed to the consistently high leverage ratios. Moody's
believe that the strategy is unlikely to change significantly over
the next couple of years.
The REIT's SGL-2 rating for liquidity reflects $860 million of
availability on the REIT's $1.25 billion unsecured revolving credit
facility, a high quality unencumbered asset base, construction
financing for the development underway and good capital access.
SL Green's operating performance and financial metrics will be
supported by the predictable cash flows from the high quality
portfolio and proven access to debt financing, hence the rating
outlook is stable.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The rating could be upgraded if net debt + preferred to EBITDA is
10.5x or lower, fixed charge coverage is above 2.2x, and secured
leverage is close to 30%, all on a sustained basis and including
prorata share of joint ventures. Favorable operating trends
including improvement in occupancy and 5% or higher cash releasing
spreads, and sound liquidity would be some other important
considerations.
Fixed charge coverage deteriorating to below 1.9x, net debt +
preferred to EBITDA above 13.0x on a sustained basis and including
prorata share of joint ventures, weak operating metrics or
liquidity challenges would create downward rating pressure.
SL Green Realty Corp. (NYSE: SLG) is a real estate investment trust
that owns, operates and acquires primarily commercial office
properties in the Manhattan submarket of the New York metropolitan
area. As of December 31, 2021, SL Green held interests in 73
buildings totaling 34.9 million square feet via ownership interests
and debt and preferred equity.
The principal methodology used in these ratings was REITs and Other
Commercial Real Estate Firms Methodology published in July 2021.
STEELCASE INC: S&P Downgrades ICR to 'BB+', Outlook Stable
----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S.-based
office furniture manufacturer Steelcase Inc. to a speculative-grade
'BB+' rating from the investment-grade 'BBB-' rating. S&P also
lowered its issue-level rating on the company's $450 million 5.125%
senior unsecured notes due 2029 to 'BB+' from 'BBB-' and assigned a
'3' recovery rating, indicating its expectation of meaningful
(50%-70%: rounded estimate 65%) recovery in the event of a payment
default.
The stable outlook reflects S&P's belief that Steelcase's operating
performance will improve in 2023, leverage will remain moderate,
and the company will maintain adequate liquidity.
S&P said, "The downgrade reflects our less favorable view of the
company's business risk because of its relatively small scale and
participation in a highly cyclical industry. We also believe hybrid
work is a permanent shift that could result in uneven demand trends
over the next few years. In fiscal 2022, the company achieved
revenue of $2.8 billion, a modest recovery from $2.6 billion in
fiscal 2021, the first full year of the pandemic impact. Its peak
revenues were achieved pre-pandemic in fiscal 2020 at $3.7 billion.
Steelcase is a leading competitor in the global office furniture
industry. Its large installed base, scale in the industry, and
lower cost producer status has been a competitive advantage. Its
conservative balance sheet management has also helped the company
withstand downcycles. However, given the company's performance amid
the pandemic, exposure to economic cycles, and small scale compared
to other investment-grade issuers, we no longer view Steelcase as
having an investment-grade business risk profile. Notwithstanding
several modest-size diversifying acquisitions over the past five
years, we believe the company still generates a disproportionate
amount of profits from the contract furniture segment.
"Furthermore, we believe demand in the industry will shift to adapt
to a permanent shift to a hybrid work model. According to the Work
From Home Research (January 2022), work-from-home will account for
nearly 28% of full paid working days after the end of the pandemic
in the U.S., with the median business likely opting for a hybrid
arrangement. We believe Steelcase will need to quickly adapt its
product offerings from largely systems/storage at 45% of fiscal
2022 revenues to more seating (30% of 2022 revenues), portable
solutions, and flexible privacy offerings. Additionally, its
direct-to-consumer business is currently less than 10% of revenues.
Companies with more diverse product offerings, such as MillerKnoll
performed better during the pandemic because of its larger seating
mix and home furnishings business.
"While we acknowledge certain international markets will likely
return to higher in-office work, Steelcase's international revenues
were only about 30% of revenues in fiscal 2022 and profitability
was minimal, so Steelcase is still largely dependent on the
Americas region. Work policies are company- and region-specific, so
global trends may diverge. Europe and Asia-Pacific regions have
demonstrated a preference for face-to-face contact. We believe
employers will adopt more flexible policies to protect and retain
employees. Some research suggests that companies will not reduce
their office space as the need for offices remain as companies cite
the need for full capacity when most of employees are in the office
at the same time. Also, employers cite the importance of in-person
interactions for building culture, fostering relationships,
encouraging learning and collaboration, and fueling innovation.
Conversely, we also acknowledge that many commercial real estate
leases are at least five years out and companies may reevaluate
their footprints at that point, which, longer term, could imply
lower demand for Steelcase's products. We also believe with fewer
people in the office daily, replacement cycles may be extended
simply due to less wear and tear. Steelcase's ability to adapt to
these changing needs and trends will be essential to its recovery.
The company has begun expanding its direct-to-consumer business and
recently announced agreements with strategic partners, but these
are still in the early stages.
"We believe demand recovery could be uneven. Steelcase reported
improvements in its backlog and 27% organic order growth at the end
of fiscal 2022. While we expect near-term demand could be strong as
companies modify their offices to adapt to the new work
environments as they push for a return to the office, we believe
the pace and consistency of recovery remains uncertain. Most
recently, the Kastle Back to Work Barometer showed office occupancy
of nearly 40% from pre-pandemic levels through mid-March 2022; this
compares with in-person activity as a percent of 2019 levels for
leisure activities exceeding 80% for various activities,
demonstrating the stickiness of at-home work."
Furthermore, Steelcase remains highly vulnerable in an economic
downturn. The company operates in a highly cyclical industry.
Spending on new office construction and large remodeling projects
declines significantly during a recession. The primary
macroeconomic drivers for Steelcase are GDP, white-collar
employment rates, and nonresidential fixed investment.
Operating performance has been weak during the pandemic, despite
good cost management. For the fiscal year ended Feb. 25, 2022,
Steelcase's revenue grew about 7% from 2021 and adjusted EBITDA
declined about 24%. Adjusted EBITDA margin contracted to about 6%
from in 2022 from nearly 9% in 2021. Revenue in fiscal 2022 is only
74.5% of fiscal 2020 or pre-pandemic levels and adjusted EBITDA is
about 40% of pre-pandemic levels. This follows a revenue drop of
about 30% in fiscal 2021 and adjusted EBITDA decline of about 46.5%
from fiscal 2020. While S&P saw a modest recovery in demand, return
to office in fiscal 2022 was slower than expected largely because
of the Omicron variant and the shift to more at-home work, and
EBITDA suffered from ongoing supply chain challenges and inflation
($110 million impact).
S&P said, "Steelcase has managed its cost base well, making it more
adaptable in a lower-demand environment, which we believe has
helped it preserve liquidity and limit cash burn during the past
two years. The company held selling, general, and administrative
expenses of about $200 million or below each quarter since the
pandemic began. Nonetheless, reported gross margin declined over
190 basis points in fiscal 2022 due to inflation and supply chain
disruptions in the year. Fiscal 2022 net leverage increased to just
over 2.5x from 0.9x in 2021. Excluding cash, gross leverage
increased to over 4x in fiscal 2022 from 3.6x in 2020 due to the
EBITDA decline. Additionally, cash flow was weaker than anticipated
for fiscal 2022 with negative free operating cash flow of over $160
million. The company's working capital use increased substantially
due to higher inventory levels because of supply chain challenges.
We expect cash flow to improve in fiscal 2023 with improved
profitability and lower working capital levels."
Inflation and supply chain disruptions remain a high risk to
Steelcase's profit recovery. The company estimated $110 million of
inflation net of pricing benefits and supply chain disruption costs
that hurt earnings in fiscal 2022. Steelcase took three price
increases in fiscal 2022 and recently announced a fourth increase,
effective April 2022. Steel prices have recently moderated after
increasing due to rising demand after the pandemic slowdown last
year. Freight and transportation costs continue to remain elevated.
The company's guidance for fiscal 2023 implies substantial gross
margin recovery sequentially largely from the three pricing actions
already taken and volume benefits. However, we believe risks to the
forecast remain if elevated costs persist along with
lower-than-expected demand if companies continue to delay their
return to office plans.
Steelcase's financial policy has historically been conservative,
but acquisition risk continues as the company diversifies its
product portfolio. Its policies have provided cushion in the recent
demand downturn. Conservative capital-allocation decisions
historically support stable credit metrics. Steelcase has
historically consistently maintained leverage of 1x-1.5x and had
flex up a little for acquisitions. Capital expenditure is typically
2.5%-3% of revenue. The company pays a consistent dividend and
management has also been disciplined with share repurchases and
will only conduct them opportunistically. At the beginning of the
pandemic, the company cut its dividend rate but has since restored
it. S&P said, "If cash flow remains weak into fiscal 2023, we would
expect the company to demonstrate more prudence by not conducting
sizable share repurchases or acquisitions. In fiscal 2022, the
company repurchased roughly $55 million in shares and made $33
million in acquisitions. We expect the company to continue to seek
complementary acquisitions to diversify product categories or
geographies, which could result in higher debt leverage or greater
cash use."
ESG credit indicators: E2-S3-G2
S&P said, "Social factors are a moderately negative consideration
in our credit rating analysis of Steelcase Inc. This was evident
during the COVID-19 pandemic when profitability dropped
substantially due to office closures and white-collar employees
working from home. Although this was an extreme event, unlike a
typical recession, risk still exists for the entire office
furniture industry as corporations adapt to hybrid work models that
could lower office furniture demand long term or change the types
of products needed.
"The impact of the pandemic, inflation, and supply chain challenges
significantly weakened financial measures closer to the downcycle
with leverage rising to around 2.5x in fiscal 2022, just under our
3x peak leverage expectation. As the company recovers from the
downcycle, we expect credit metrics to gradually restore to
pre-pandemic levels. In fiscal 2023, we forecast credit metrics
recovering to mid-cycle levels. The stable outlook reflects our
expectation that Steelcase's operating performance will continue to
improve as more companies adopt a greater return to the office. We
expect leverage to decline to 2x or below and free operating cash
flow to improve to over $100 million in fiscal 2023.
"We could lower the rating if the company's cash flow does not
improve and its leverage rises to above 3x."
This could happen if Steelcase:
-- Experiences demand deterioration and decreased profits beyond
2022 lows;
-- Is unable to pass along price increases or mitigate the
negative impact of input cost increases or supply chain
disruptions;
-- Return to office is slower than expected resulting in weak
revenue recovery; or
-- The company adopts more aggressive financial policies by
executing large share repurchases or acquisitions while cash flow
and profitability are still weak.
While unlikely over the next year, a return to investment grade
would result from:
-- A more favorable reassessment of the company's business risk,
supported by less operating volatility during a downcycle, greater
scale and product diversification, the industry demonstrates
consistently higher demand, and the company restores revenues to at
least pre-pandemic levels;
-- Leverage is restored to below 1.5x; and
-- The company generates free operating cash flow of at least $300
million, as it did pre-pandemic.
SUGARHOUSE HSP: Moody's Hikes CFR to B2, Outlook Stable
-------------------------------------------------------
Moody's Investors Service upgraded Sugarhouse HSP Gaming Prop.
Mezz, L.P.'s ("Sugarhouse") Corporate Family Rating to B2 from B3
and Probability of Default Rating to B2-PD from B3-PD. The
company's $300 million 5.875% senior secured first lien notes due
May 2025 were upgraded two-notches to B2 from Caa1. Sugarhouse's
$50 million 3rd amended senior secured priority revolver due May
2025 is not rated. The rating outlook is stable.
The upgrade of Sugarhouse's CFR to B2 from B3 considers that
through a combination of EBITDA growth and absolute debt reduction,
the company has reduced its leverage to below the level required
for an upgrade. Debt-to-EBITDA for the latest 12-months ended
September 30, 2021 was 5.1x, which is below 6.0x upgrade factor.
Moody's believes the lower leverage is sustainable given the
expected continuation of the company's good operating performance
and positive free cash flow profile.
The upgrade also considers that there are no near-term debt
maturities until 2025 when the company's senior secured notes and
revolver come due. In July 2021, Sugarhouse amended its
super-priority revolver to reduce the commitment amount by $45
million, to $50 million from $95 million, and extended the maturity
to May 2025 from May 2022. No amounts were outstanding when the
extension occurred and the reduction in part reflects the company's
cash balance and positive free cash flow.
The upgrade also considers the fact that as the online business
becomes a larger part of Sugarhouse's overall revenue – it now
accounts for almost half – it is a lower margin business than
Sugarhouse's brick and mortar casinos. As a result, Sugarhouse's
EBITDA margin has and will continue to fall behind its peers.
Partly mitigating this concern is that the online business, which
has done well through the coronavirus pandemic, provides a level of
downside protection in the event Rivers Philadelphia closes for any
reason in the future. Additionally, the online business is less
capital intensive than brick and mortar casinos, and will continue
to be a positive free cash flow contributor.
In addition to the one-notch upgrade of Sugarhouse's CFR, the
two-notch upgrade of the company's senior secured first lien notes
considers that the amount of potential priority debt ahead the
notes has been reduced since the revolver limit was reduced to $50
million.
The following ratings/assessments are affected by the action:
Ratings Upgraded:
Issuer: Sugarhouse HSP Gaming Prop. Mezz, L.P.
Corporate Family Rating, Upgraded to B2 from B3
Probability of Default Rating, Upgraded to B2-PD from B3-PD
Senior Secured Regular Bond/Debenture, Upgraded to B2 (LGD4) from
Caa1 (LGD4)
Outlook Actions:
Issuer: Sugarhouse HSP Gaming Prop. Mezz, L.P.
Outlook, Changed To Stable From Negative
RATINGS RATIONALE
Sugarhouse's B2 Corporate Family Rating considers the company's
well established market position in the densely populated
Philadelphia metro area. Sugarhouse is located about two miles
northeast of the city center and is one of only two gaming
facilities allowed in the city of Philadelphia. The Philadelphia
market is one of the largest local gaming markets in the US. Also
supporting the rating is the company's limited capital spending
needs, which benefits the company's free cash flow and financial
flexibility.
Key credit concerns include that Sugarhouse's single asset profile
makes it more vulnerable to regional economic swings, supply
additions, promotional activity and earnings compression. As a
single property, Sugarhouse faces more risk of earnings volatility
relative to multi-property larger and more geographically diverse
gaming entities. Earnings at the physical casino have not recovered
to pre-pandemic levels in part because of the additional
competition in the local market from the opening of Live! Casino
Hotel Philadelphia in January 2021. Growth in Sugarhouse's online
gaming has nevertheless helped limit the EBITDA deficit.
The coronavirus outbreak and the government measures put in place
to contain it continue to disrupt economies and credit markets
across sectors and regions. Although an economic recovery is
underway, continuation will be closely tied to containment of the
virus. As a result, a degree of uncertainty around Moody's
forecasts remains.
Moody's regards the coronavirus outbreak as a social risk under
Moody's ESG framework, given the substantial implications for
public health and safety. The gaming sector has been one of the
sectors most significantly affected by the shock given its
sensitivity to consumer demand and sentiment. More specifically,
Sugarhouse remains vulnerable to a renewed spread of the outbreak.
Sugarhouse also remains exposed to discretionary consumer spending
that leave it vulnerable to shifts in market sentiment in these
unprecedented operating conditions.
Additional social risk for gaming companies includes evolving
consumer preferences related to entertainment choices and
population demographics that may drive a change in demand away from
traditional casino-style gaming. Younger generations may not spend
as much time playing casino-style games (particularly slot
machines) as previous generations. Data security and customer
privacy risk is elevated given the large amount of data collected
on customer behavior. In the event of data breaches, the company
could face higher operational costs to secure processes and limit
reputational damage.
Governance factors include the inherent risk related to
concentrated and private ownership. Sugarhouse is majority-owned
and controlled by Neil Bluhm, his family, and Greg Carlin. This is
offset partly by the company's historically demonstrated commitment
to manage its leverage in a relatively conservative manner.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable rating outlook considers that Sugarhouse will generate
positive free cash flow of between $20 million and $30 million
annually going forward that it can use to manage its leverage
profile. The stable outlook also considers the company's
willingness and ability to maintain a relatively moderate level of
leverage prior to the coronavirus outbreak, and repayment of a
previous revolver well in advance of its expiration. In Moody's
view, this shows a strong commitment on Sugarhouse's part to manage
its leverage in a relatively conservative manner. The stable
outlook also assumes competition from other forms of entertainment
will begin to open more fully that will put pressure on revenue
growth and margins throughout calendar 2022. Also, economic
concerns including inflation and its impact on consumer
discretionary income could also pressure revenue and margins.
A ratings upgrade requires that Sugarhouse continues to generate
stable market share, consistent and positive free cash flow,
achieve and maintain debt-to-EBITDA below 4.0x, and adhere to
financial policies that maintain low leverage. The company's
ratings could be downgraded if there is a decline in EBITDA
performance, a deterioration in liquidity, or an inability to
achieve and sustain debt-to-EBITDA on an LTM basis below 6.0x.
The principal methodology used in these ratings was Gaming
published in June 2021.
Sugarhouse owns Rivers Philadelphia is located on the Delaware
waterfront, and is one of three casinos in the Philadelphia area,
but the only one inside the city limits. Parx Casino in Bensalem,
Bucks County, Valley Forge Casino Resort in Upper Merion Township,
Montgomery County, and Harrah's Philadelphia in Chester, Delaware
County, and Live! Casino Hotel Philadelphia are located outside the
city limits. The company generated net revenue of $369 million for
the latest 12-month period ended September 30, 2021.
TELINTEL LTD: Unsecureds to Recover 13.5% via Quarterly Payments
----------------------------------------------------------------
Telintel, LTD., filed with the U.S. Bankruptcy Court for the
District of Florida a Small Business Plan of Reorganization dated
March 29, 2022.
The Debtor commenced business in 1997 and operates a platform that
facilitates communication between companies and their customers or
potential customers through the use of SMS text and other modes of
communication.
The Debtor filed for Chapter 11 relief on December 29, 2021 and its
operations have stabilized allowing for the filing of this Plan
which will pay creditors more than under a Chapter 7 liquidation.
The value of the Debtor's assets at the time of the bankruptcy
petition was estimated to be approximately $951,000. For purposes
of this Plan, the Debtor's assets are valued at $1,025,000. Aside
from the secured claim of Decathlon Alpha Ill, LP in the amount of
$1,033,436 as of the Petition Date, which is partially under
secured, all other creditors are fully unsecured and will be paid
as general unsecured creditors over 16 quarters under the Plan
commencing in year 2 of the Plan. The total gross disbursement to
unsecured creditors is $480,000 which totals approximately 13.5% of
unsecured claims.
General Unsecured creditors with allowed claims will be paid
$480,000 over the life of the Plan, approximately 13.5% which will
be disbursed pro rata on a quarterly basis commencing in year 2 of
the Plan on June 1, 2023.
In order to maximize the distribution to unsecured creditors, the
indebtedness owed to insiders is subordinated until after
completion of all Plan payments. Additionally, the alleged debt
listed as being owed by the CEO, Mario Acosta is being resolved and
paid by a $5,000 monthly reduction in his salary which will
materially assist plan payments and Mr. Acosta will be paying the
secured loan payment on the Class 2 secured claim of Bank of
America in the amount of $1,420.78 per month.
On or around the Effective Date (June 1, 2022) Debtor will begin
making monthly payments to the secured creditor Decathlon Alpha
Ill, LLC in the initial amount of $7,000.00 on the Effective Date.
Payment to unsecured creditors will commence in year 2 of the Plan,
June 1, 2023. Payment of priority and administrative claimants will
commence on the Effective Date and be paid as follows: Gamberg and
Abrams will be paid $46,000 over one year commencing on the
Effective Date and the Subchapter V Trustee will be paid the amount
of awarded fees over one year from the Effective Date at $585.00
per month if the Plan is non consensual and at or around the
Effective Date if consensual.
Class 3 consists of General unsecured creditors and will receive
pro rata payment of $10,000 for quarters 5-6 of the Plan,15,000
quarters 7-8 of the Plan, payment of $20,000 for quarters 9-12 of
the Plan, $20,000 for quarters 13-16 of the Plan, $60,000 for
quarters 13-14 of the Plan and $75,000 for quarters 15-16 of the
Plan.
Because of the value of the Debtor's assets is less than Decathlon
Alpha Ill's claim, Decathlon Alpha Ill is partially undersecured
and is not being paid post-petition interest or attorneys' fees.
The claim of Credibility Capital, Inc. of $135,175.69 is treated as
an under secured loan as a class 3 General unsecured creditor as it
is subordinate to Decathlon Alpha Ill LP.
The Class 4 Equity shall maintain their equity ownership of the
Debtor.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
A full-text copy of the Plan of Reorganization dated March 29,
2022, is available at https://bit.ly/36ODVB8 from PacerMonitor.com
at no charge.
Attorney for the Debtor:
Thomas L. Abrams, Esq.
Gamberg & Abrams
633 S. Andews Ave., Suite 500
Fort Lauderdale, FL 33301
Tel: (954) 523-0900
Fax: (954) 915-9016
Email: tambrams@tabramslaw.com
About Telintel
Telintel, Ltd., a Weston, Fla.-based provider of telecommunication
services, filed a petition for Chapter 11 protection (Bankr. S.D.
Fla. Case No. 21-22154) on Dec. 30, 2021, listing $751,038 in
assets and $4,996,862 in liabilities. Mario Acosta, chief executive
officer, signed the petition.
Judge Peter D. Russin oversees the case.
The Debtor tapped Thomas L. Abrams, Esq., at Gamberg & Abrams as
legal counsel.
THORNHILL BROTHERS: Gets Interim OK to Hire Gold Weems as Counsel
-----------------------------------------------------------------
Thornhill Brothers Fitness, LLC received interim approval from the
U.S. Bankruptcy Court for the Western District of Louisiana to
employ Gold Weems Bruser Sues & Rundell, APLC to serve as legal
counsel in its Chapter 11 case.
Gold Weems received the sum of $13,000, of which $4,360.50 was used
to pay the firm's pre-bankruptcy services while $1,738 was used to
pay the filing fee.
Bradley Drell, Esq., a partner at Gold Weems, disclosed in a court
filing that his firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Bradley L. Drell, Esq.
Heather M. Mathews, Esq.
Gold Weems Bruser Sues & Rundell, APLC
P. O. Box 6118
Alexandria, LA 71307-6118
Telephone: (318) 445-6471
Facsimile: (318) 445-6476
Email: bdrell@goldweems.com
hmathews@goldweems.com
About Thornhill Brothers Fitness
Thornhill Brothers Fitness, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. W.D. La. Case No.
22-30301) on March 16, 2022, disclosing as much as $1 million in
both assets and liabilities. Thomas R. Willson serves as Subchapter
V trustee.
Judge John S. Hodge oversees the case.
The Debtor is represented by Gold Weems Bruser Sues & Rundell,
APLC.
TRIBE BUYER: Moody's Lowers CFR to Caa2 & Alters Outlook to Stable
------------------------------------------------------------------
Moody's Investors Service downgraded Tribe Buyer LLC's
("Tradesmen") ratings, including its corporate family rating to
Caa2 from Caa1 and its probability of default rating to Caa2-PD
from Caa1-PD. At the same time, Moody's downgraded the company's
senior secured first lien credit facility to Caa2 from Caa1. The
outlook was changed to stable from negative.
The downgrade of the corporate family rating and probability of
default rating reflect Tradesmen's sustained high leverage profile
that is expected to remain above 10x through 2022 which Moody's
believes increases the likelihood of default if the outstanding
term loan due 2024 cannot be adequately refinanced. Moody's expects
that the company's ability to achieve sufficient earnings growth
over the next 12 months in order to refinance its term loan due
February 2024 on reasonable economic terms before becoming current
will prove challenging. The company's adequate liquidity provisions
support the stable outlook.
The following ratings/assessments are affected by the action:
Ratings Downgraded:
Issuer: Tribe Buyer LLC
Corporate Family Rating, Downgraded to Caa2 from Caa1
Probability of Default Rating, Downgraded to Caa2-PD from Caa1-PD
Senior Secured Bank Credit Facility, Downgraded to Caa2 (LGD3)
from Caa1 (LGD3)
Outlook Actions:
Issuer: Tribe Buyer LLC
Outlook, Changed To Stable From Negative
RATINGS RATIONALE
Tradesmen's Caa2 CFR reflects the company's weak credit metrics
including very high debt to EBITDA of 12x at the end of 2021.
Moody's expect revenue growth in the mid-to-high single digits in
2022 as demand for short-term skilled labor should benefit from
supply chain uncertainty, however earnings growth may be pressured
by the risk that bill rate increases may not fully offset rising
labor costs or that supply chain disruptions in the construction
sector intensify leading to widespread project delays and a
reduction in construction activity. Revenue growth also assumes
Tradesmen is successful in diversifying its construction end
markets. The company has limited scale with revenues of nearly $534
million in 2021 and a narrow end market as a staffing provider in
the highly competitive and cyclical commercial and industrial
construction sector. With a client base comprised of mainly
small-to-medium sized contractors, Tradesmen's cyclical swings tend
to be more severe than a typical decline in construction spending.
The rating benefits from Tradesmen's strong market position as one
of the largest service providers in most of the regional markets it
serves. Moody's expects credit metrics to improve to around 10.5x
debt to EBITDA in 2022 driven by revenue and earnings growth,
particularly as continued expansion into the industrial and
residential construction sectors helps diversify Tradesmen's
revenue stream.
All financial metrics cited reflect Moody's standard adjustments.
Tradesmen's liquidity is adequate and is supported by $47 million
of nonrestricted cash at FY21. The company's $35 million revolver
currently has $20 million of availability including $10 million
repaid in the first quarter of 2022 but expires November 2023. Free
cash flow to debt is expected to be in the low single digits during
the next 12 months and is sufficient to cover the $4 million of
annual mandatory amortization on the term loan. The company is
subject to a maximum consolidated total net leverage ratio of 8.0x;
however, it is currently suspended through 2Q 2022. Moody's expects
the company would maintain a modest cushion when the covenant
testing resumes.
The stable outlook reflects Moody's expectations for adequate
liquidity during the next 12 to 18 months or roughly up until the
February 2024 term loan maturity that mitigates otherwise higher
default risk. The outlook also incorporates the company's continued
expansion of industrial and residential verticals to support
Moody's expectation that revenue growth in the mid-to-high single
digits should reduce debt-to-EBITDA to the mid-10x in 2022.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Although not likely in the near term, the ratings could be upgraded
through a substantial improvement in operating performance,
allowing the company to de-lever more quickly than anticipated. The
company's ability to address its near-term maturities would also
support an upgrade.
Ratings could be downgraded if liquidity erodes through greater
than expected cash flow burn, covenant violations, or if the
Moody's expects the company's probability of default otherwise
increases including a pre-emptive distressed exchange.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Tradesmen, based in Cleveland, OH and owned by affiliates of The
Blackstone Group L.P., provides agency-based skilled craftsmen
staffing services to the small to medium sized nonresidential
construction industry in North America (mostly the U.S.). Revenue
for the last twelve months ended December 31, 2021 is $534 million.
UWHARRIE CHARTER: Moody's Rates Series 2022A/2022B Bonds 'Ba2'
--------------------------------------------------------------
Moody's Investors Service has assigned an initial Ba2 rating to
Uwharrie Charter Academy, NC's Education Revenue Bonds (Uwharrie
Charter Academy Project) Series 2022A and Taxable Education Revenue
Bonds (Uwharrie Charter Academy Project) Series 2022B. The Series
2022A bonds have an expected par value of $43.1 million. The Series
2022B bonds have an expected par value of $265,000. The outlook is
stable.
RATINGS RATIONALE
The initial Ba2 rating reflects the school's satisfactory
competitive profile and enrollment as evidenced by steady year to
year demand and consistent retention of students and faculty. The
school has produced solid overall academic performance when
compared to peers though academic scores lag the state average.
Governance is a key driver of the initial rating and incorporates
the school's conservative budgeting practices and solid management
team. The rating also incorporates the higher leverage and fixed
costs resulting from existing debt obligations and the new debt
issuance, though this is expected to remain fairly manageable given
limited additional debt plans and a generally level debt service
schedule.
The rating also reflects the moderate liquidity position and
adequate debt service coverage. The rating captures the limited
charter renewal history as the school is currently undergoing the
first renewal request and preliminary indicators suggest sound
prospects for renewal. The rating further incorporates adequate
legal covenants and the current financial projections that reflect
continued maintenance of adequate debt service coverage and
projected improvement in liquidity. The pension liability
associated with participation in the statewide pension plan is
expected to remain manageable.
RATING OUTLOOK
The stable outlook reflects Moody's expectation that the school
will continue to exhibit satisfactory coverage ratios as well as
modestly improve reserves and liquidity levels given ongoing
growth, a relatively competitive profile that has resulted in a
solid waitlist, and projected stable operations going forward. The
outlook also incorporates Moody's expectation of timely completion
of the financed project (39 classroom building, a trade education
center, and a central administration office) on time and within
budget.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
- Material and sustained growth in debt service coverage and
liquidity
- Growth in enrollment that meets projected targets with a strong
waitlist
- Moderation of debt relative to liquidity and operating revenue
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
- Failure to make progress toward total enrollment goals of 2,150
students by school year 2023 -2024 and 2,390 students by school
year 2024-2025
- Weakening of liquidity and/or debt service coverage below debt
covenants
- Poor academic performance that jeopardizes the school's ability
to renew charter and/ or a weakening of the general competitive
profile
LEGAL SECURITY
The Series 2022 Bonds are special, limited obligations of the
Public Finance Authority, payable solely from revenues derived from
a loan agreement with Uwharrie Green School, Inc. Under the loan
agreement, the academy has pledged to make payments derived from
Uwharrie Charter Academy's principal source of revenue which is
state funding derived from its charter school operations. The
school has also executed a deed of trust and leasehold mortgage
covering its real estate (the facility site, including the middle
school facility, expansion facility, and the former government loan
facility and athletic facility) as a source of payment for the
debt. Additionally, a debt service reserve fund is to be cash
funded at maximum annual debt service of the 2022 bonds.
USE OF PROCEEDS
Proceeds of the Series 2022 bonds will finance and refinance the
costs of constructing and equipping various school facilities,
including a 39 classroom building, a trade education center, and a
central administration office. The Series 2022 bonds will also
refinance the academy's outstanding 2016 USDA loan that was
originally issued to construct educational facilities.
PROFILE
The Public Finance Authority, Wisconsin was established by local
governments, primarily for local governments, for the public
purpose of providing local governments a means to efficiently and
reliably finance projects that benefit local governments, nonprofit
organizations and other eligible private borrowers in Wisconsin and
throughout the country.
Uwharrie Charter Academy started operations in the 2013-14 school
year and served approximately 181 students in 9th and 10th grades.
The school currently serves about 1,800 students in grades K-12.
The school curriculum focuses on STEM with A for Arts through hands
on, project based learning within a small learning community with a
low teacher/student ratio. The school's current charter with North
Carolina Board of Education (SBE) became effective July 1, 2013 and
will expire on June 30, 2023, if not renewed. The school has
started the process of renewing the charter with SBE in November
2021 and expects to receive approval in early 2023. The school is
requesting a five year renewal.
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in September 2016.
VOLUNTEER ENERGY: U.S. Trustee Appoints Creditors' Committee
------------------------------------------------------------
The U.S. Trustee for Region 9 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Volunteer
Energy Services, Inc.
The committee members are:
1. Brett Krieg
Sequent Energy Management LLC
1200 Smith Street, Suite 900
Houston, TX 77022-4374
Tel: 918-946-7497
Email: brett.krieg@williams.com
2. Heather Paxton
Eco-Energy Natural Gas, LLC
6100 Tower Circle, Suite 500
Franklin, TN 37067
Tel: 615-778-2898
Email: heatherp@eco-energy.com
3. Andrew Singh
Snyder Brothers
P.O. Box 1022
1 Glade Park East
Kittaning, PA 16201
Tel: 724-548-8101
Email: andrew.singh@snydercos.com
4. Scott Belcastro
Trebel LLC
1216 Lexington Avenue, Suite 301
Mansfield, OH 44907
Tel: 614-425-4885
Email: scott@electricsuppliers.org
5. Adam N. Girard
Adam N Girard F/K/A EGC Ltd.
232 Rocky Fork Dr S
Columbus, OH 43230
Tel: 614-769-2351
Email: girard.991@gmail.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 Volunteer Energy Services
Volunteer Energy Services, Inc., an electric power provider based
in Pickerington, Ohio, sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Ohio Case No. 22-50804) on March 25,
2022. In the petition signed by David Warner, chief financial
officer, the Debtor disclosed up to $100 million in both assets and
liabilities.
Judge C. Kathryn Preston oversees the case.
David M. Whittaker, Esq., at Isaac Wiles and Burkholder, LLC
represents the Debtor as counsel.
WALKER SERVICE: Trustee Taps Joseph A. Broderick as Accountant
--------------------------------------------------------------
Salvatore LaMonica, the Chapter 11 trustee for Walker Service Corp.
and its affiliates, received approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Joseph A.
Broderick, P.C., as his accountant.
The firm's services include:
a. assisting the trustee in marshaling and liquidating the
Debtors' assets;
b. assisting the trustee with an investigation into the
Debtors' financial affairs;
c. analyzing the financial information of the Debtors;
d. scrutinizing cash disbursements of the Debtors;
e. preparing federal, state and local tax returns and
requisite disclosures, as requested by the trustee;
f. reconciling filed proofs of claim, as requested by the
trustee; and
g. performing other necessary services.
The hourly rates charged by the firm for its services are as
follows:
Partners $350 per hour
Seniors $190 per hour
Staff/Paraprofessionals $100 per hour
As disclosed in court filings, Broderick is a "disinterested
person" within the meaning of Bankruptcy Code Section 101(14).
The firm can be reached through:
Joseph A. Broderick, CPA
Joseph A. Broderick, P.C.
734 Walt Whitman Rd
Melville, NY 11747
Phone: +1 631-462-1779
About Walker Service Corp.
Brooklyn, N.Y.-based Walker Service Corp. and its affiliates are
privately held companies in the taxi and limousine service
industry.
On March 27, 2020, Walker Service and 21 affiliates filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. E.D.N.Y. Lead Case No. 20-41759). At the time of the
filing, Walker Service listed up to $500,000 in assets and up to
$10 million in liabilities. Judge Elizabeth S. Stong oversees the
cases.
The Debtors tapped Spence Law Office, P.C. as their legal counsel.
LaMonica Herbst & Maniscalco, LLP and Joseph A. Broderick, P.C.
serve as legal counsel and accountant for Salvatore LaMonica, the
Chapter 11 trustee appointed in the Debtors' bankruptcy cases.
WEST PHILADELPHIA ACHIEVEMENT: S&P Affirms 'BB-' Rev. Bonds Rating
------------------------------------------------------------------
S&P Global Ratings affirmed and removed its 'BB-' underlying rating
on Philadelphia Industrial Development Authority, Penn.'s series
2011 revenue bonds issued for West Philadelphia Achievement Charter
Elementary School (WPACES) from CreditWatch with negative
implications, where it was placed Oct. 6, 2021. The outlook is
negative.
"The negative outlook reflects our expectation that considerable
uncertainty remains regarding when WPACES's authorizer will make a
renewal decision, due to delays with the authorizer's auditing
services," said S&P Global Ratings credit analyst Robert Tu. "We
capture our view of charter risk as an elevated governance factor
under our environmental, social, and governance analysis," Mr. Tu
added.
S&P said, "Since our last review, WPACES has not received a charter
renewal from its authorizer, the School District of Philadelphia
(SDP). We had initially expected the SDP to make its determination
within the 90-day CreditWatch timeframe, however we understand that
there have been delays with the SDP's Office of Auditing Services.
While we understand that both WPACES and the SDP have a desire to
come to a resolution, there remains considerable uncertainty
surrounding the exact timeframe of the renewal decision.
"In our view WPACES has elevated governance risk given the risks
surrounding its charter standing. Because charter schools are
required to have and to maintain a charter contract to operate, we
believe this is a fundamental risk. We view the risks posed by
COVID-19 to public health and safety as an elevated social risk for
all charter schools under our ESG factors. We believe this is a
social risk for WPACES due to the duration of the COVID-19 pandemic
and its unknown influence on state revenue, which could pressure
funding levels over time. Despite the elevated social and
governance risks, we believe the school's environmental risks are
in line with our view of the sector."
WPACES, founded in 1999, is an open-enrollment kindergarten through
fifth grade charter school in West Philadelphia that currently
serves approximately 616 students. The school bases its curriculum
on the Gale Institute's "Different Ways of Knowing" program. This
program is an arts-infused, interdisciplinary
professional-development initiative. There are mandatory arts and
technology courses for all students.
WESTBANK HOLDINGS: Taps Alvendia as Special Counsel
---------------------------------------------------
Westbank Holdings, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Eastern District of Louisiana to
employ Alvendia Kelly & Demarest, LLC as special counsel.
The Debtor needs the firm's legal assistance to prosecute insurance
claims for property damage, and theft or vandalism claims.
Alvendia will be paid on a contingency fee basis as follows:
a. Residential/Commercial Property Damage (all structures,
personal property, loss of use):
-- 21%, after the initial tender (i.e., initial payment on
claim), or after denial of the Debtor's claims.
-- 27%, after lawsuit is filed.
b. Business Interruption:
-- 21%, before lawsuit is filed.
-- 27%, after lawsuit is filed.
J. Bart Kelly, III, Esq., a partner at Alvendia, disclosed in a
court filing that his firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
J. Bart Kelly, III, Esq.
Alvendia Kelly & Demarest, LLC
909 Poydras Street, Suite 1625
New Orleans, LA 70112
Tel: (504) 200-0000
Fax: (504) 200-0001
About Westbank Holdings
Westbank Holdings, LLC is a New Orleans, La.-based company
primarily engaged in renting and leasing real estate properties.
Westbank Holdings and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D. La.
Lead Case No. 22-10082) on Jan. 27, 2022. In its petition,
Westbank Holdings listed as much as $50 million in both assets and
liabilities. Joshua Bruno, manager, signed the petition.
Judge Meredith S. Grabill oversees the cases.
Frederick L. Bunol, Esq., at The Derbes Law Firm, LLC and Alvendia
Kelly & Demarest, LLC serve as the Debtors' bankruptcy counsel and
special counsel, respectively. G Rowland CPA & Associates is the
Debtors' accountant.
ZAYO GROUP: S&P Alters Outlook to Negative, Affirms 'B' ICR
-----------------------------------------------------------
S&P Global Ratings revised its outlook on U.S. fiber infrastructure
provider Zayo Group Holdings Inc. to negative from stable and
affirmed its 'B' issuer credit rating.
The negative outlook reflects S&P's expectation that adjusted
leverage could be above 7x over the next 12 months because of flat
EBITDA and incremental borrowings to fund aggressive organic and
inorganic expansion.
S&P said, "The outlook revision reflects our view that high levels
of capital spending combined with recent acquisitions could push
leverage to about 7.3x in 2022, from 6.8x at fiscal year-end 2021.
We believe the company will need to draw on the revolver or issue
debt to partially finance its capital spending initiatives for
2022, which we expect will be about 20% higher than 2021. In
addition, we believe that the tuck-in acquisitions of QoS Networks
(completed in January 2022) and Education Networks of America (ENA;
expected to close within six months) could be modestly leveraging
given their lower margins, the costs associated with integration of
both businesses, and the expectation that ENA will be
debt-financed. We believe these factors could increase leverage by
0.5x this year. Our base case forecast assumes about $700
million-$800 million of incremental debt and flat earnings growth
in 2022.
"We believe that operating performance in 2022 will be mostly in
line with 2021; however, we believe Zayo can return to pre-pandemic
growth levels in 2023. Net bookings improved significantly and were
up 20% and 28% year over year in the fourth and third quarter of
2021, respectively, because of more normalized operating trends
following a lengthened decision-making process in 2020 for
customers in the company's Networks division, which accounts for
90% of total revenues, offering both dark and lit connectivity
services. In 2022, we expect low-single-digit percent organic
revenue growth at Networks as positive net installs, which
typically lag bookings by a few quarters, are partially offset by a
one-time churn event related to a large wireless carrier. In 2023,
we believe that Networks can return to mid-single-digit growth as
several large deals booked in 2022 drive revenue growth in 2023. In
addition, we believe that reported EBITDA margins can stabilize in
the low-40% area on the realization of cost savings from recent
initiatives and synergies associated with the acquisition of ENA as
more circuits are brought on-network by 2023, such that earnings
growth improves to the mid- to high-single-digit percent area. As a
result, we believe the company can reduce leverage to below 7x by
the end of next year. Still, we believe there is ongoing execution
risk from the company's strategy, including its aggressive
expansion, that could keep leverage above 7x, which could result in
a lower rating.
"The negative outlook reflects our expectation that adjusted
leverage could be above 7x over the next 12 months because of flat
EBITDA and incremental borrowings to fund aggressive organic and
inorganic expansion.
"We could lower the rating if leverage remains above 7x through
2023 because of execution missteps or continued aggressive
expansion. We could also lower the rating if Zayo funds new
acquisitions with debt such that leverage rises above 7x.
"We could revise our outlook on Zayo to stable if the company is
able to successfully execute on its capital spending plans such
that organic earnings growth returns to the high-single digit
percent area, which should enable the business to delever to below
7x."
Environmental, Social, And Governance
S&P said, "Governance is a moderately negative consideration in our
credit ratings analysis of Zayo. Our assessment of the company's
financial risk profile as highly leveraged reflects corporate
decision-making that prioritizes the interests of controlling
owners, in line with our view of most rated entities owned by
private-equity sponsors. Our assessment also reflects their
generally finite holding periods and a focus on maximizing
shareholder returns."
ESG credit indicators: E-2, S-2, G-3
ZIM CORP: Terminates Registration of Common Shares
--------------------------------------------------
ZIM Corporation filed a Form 15 with the Securities and Exchange
Commission notifying the termination of registration of its common
shares under Section 12(g) of the Securities Exchange Act of 1934
and suspension of duty to file reports under Sections 13 and 15(d)
of the Securities Exchange Act of 1934.
About ZIM Corporation
Headquartered in Ontario, Canada, ZIM Corporation -- www.zim.biz
--was a provider of software products and services for the database
and mobile markets. ZIM products and services are used by
enterprises in the design, development and management of business,
database and mobile applications. ZIM also provided mobile content
to the consumer market. ZIM undertook a strategic shift to
discontinue all operations related to software products and
services for the database and mobile markets and focused all of its
resources on developing intellectual property and advancing
research and development in the areas of new synthetic drugs and
immunotherapies.
ZIM reported a net loss of $76,568 for the year ended March 31,
2019, compared to a net loss of $8,999 for the year ended March 31,
2018.
Ottawa, Canada-based MNP LLP, the Company's auditor since 2015,
issued a "going concern" qualification in its report dated Aug. 4,
2021, citing that the Company has an accumulated deficit as at
March 31, 2021 and has a history of operating losses which raise
substantial doubt about the Company's ability to continue as a
going concern.
[^] Large Companies with Insolvent Balance Sheet
------------------------------------------------
Total
Share- Total
Total Holders' Working
Assets Equity Capital
Company Ticker ($MM) ($MM) ($MM)
------- ------ ------ -------- -------
ACCELERATE DIAGN AXDX* MM 83.05 -35.07 66.39
AEMETIS INC DW51 GR 160.83 -120.24 -44.64
AEMETIS INC AMTX US 160.83 -120.24 -44.64
AEMETIS INC AMTXGEUR EZ 160.83 -120.24 -44.64
AEMETIS INC AMTXGEUR EU 160.83 -120.24 -44.64
AEMETIS INC DW51 GZ 160.83 -120.24 -44.64
AEMETIS INC DW51 TH 160.83 -120.24 -44.64
AEMETIS INC DW51 QT 160.83 -120.24 -44.64
AERIE PHARMACEUT AERI US 431.39 -17.33 230.66
AERIE PHARMACEUT AERIEUR EU 431.39 -17.33 230.66
AERIE PHARMACEUT 0P0 GR 431.39 -17.33 230.66
AERIE PHARMACEUT 0P0 GZ 431.39 -17.33 230.66
AERIE PHARMACEUT 0P0 TH 431.39 -17.33 230.66
AERIE PHARMACEUT 0P0 QT 431.39 -17.33 230.66
ALPHA CAPITAL -A ASPC US 231.11 212.65 1.05
ALPHA CAPITAL AC ASPCU US 231.11 212.65 1.05
ALTENERGY ACQU-A AEAE US 0.45 -0.10 -0.10
ALTENERGY ACQUIS AEAEU US 0.45 -0.10 -0.10
ALTICE USA INC-A 15PA GZ 33215.03 -870.90 -1945.49
ALTICE USA INC-A ATUS* MM 33215.03 -870.90 -1945.49
ALTICE USA INC-A ATUS US 33215.03 -870.90 -1945.49
ALTICE USA INC-A 15PA GR 33215.03 -870.90 -1945.49
ALTICE USA INC-A 15PA TH 33215.03 -870.90 -1945.49
ALTICE USA INC-A ATUSEUR EU 33215.03 -870.90 -1945.49
ALTICE USA INC-A ATUS-RM RM 33215.03 -870.90 -1945.49
ALTIRA GP-CEDEAR MOC AR 39523.00 -1606.00 -2496.00
ALTIRA GP-CEDEAR MOD AR 39523.00 -1606.00 -2496.00
ALTIRA GP-CEDEAR MO AR 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MO US 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MO SW 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MO* MM 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC PHM7 TH 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MO TE 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MOEUR EU 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MO CI 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC PHM7 QT 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC ALTR AV 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC 0R31 LI 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MOEUR EZ 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MOUSD SW 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC PHM7 GZ 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC PHM7 GR 39523.00 -1606.00 -2496.00
ALTRIA GROUP INC MO-RM RM 39523.00 -1606.00 -2496.00
ALTRIA GROUP-BDR MOOO34 BZ 39523.00 -1606.00 -2496.00
AMC ENTERTAINMEN AMC US 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AH9 GR 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AMC* MM 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AMC4EUR EU 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AH9 TH 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AH9 QT 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AH9 GZ 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AH9 SW 10821.50 -1789.50 82.40
AMC ENTERTAINMEN AMC-RM RM 10821.50 -1789.50 82.40
AMC ENTERTAINMEN A2MC34 BZ 10821.50 -1789.50 82.40
AMERICAN AIR-BDR AALL34 BZ 66467.00 -7340.00 -1670.00
AMERICAN AIRLINE A1G QT 66467.00 -7340.00 -1670.00
AMERICAN AIRLINE AAL US 66467.00 -7340.00 -1670.00
AMERICAN AIRLINE AAL* MM 66467.00 -7340.00 -1670.00
AMERICAN AIRLINE A1G GR 66467.00 -7340.00 -1670.00
AMERICAN AIRLINE A1G TH 66467.00 -7340.00 -1670.00
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GOOSEHEAD INSU-A GSHD US 267.80 -69.19 20.04
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HEWLETT-CEDEAR HPQ AR 38912.00 -2328.00 -7767.00
HEWLETT-CEDEAR HPQC AR 38912.00 -2328.00 -7767.00
HEWLETT-CEDEAR HPQD AR 38912.00 -2328.00 -7767.00
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HILTON WORLDWIDE HI91 QT 15441.00 -819.00 -148.00
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HILTON WORLDWIDE HI91 GR 15441.00 -819.00 -148.00
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HILTON WORLDWIDE HLTEUR EZ 15441.00 -819.00 -148.00
HILTON WORLDWIDE HLTW AV 15441.00 -819.00 -148.00
HILTON WORLDWIDE HLTEUR EU 15441.00 -819.00 -148.00
HILTON WORLDWIDE HI91 TE 15441.00 -819.00 -148.00
HILTON WORLDWIDE HI91 GZ 15441.00 -819.00 -148.00
HILTON WORLDWIDE HLT-RM RM 15441.00 -819.00 -148.00
HOME DEPOT - BDR HOME34 BZ 71876.00 -1696.00 362.00
HOME DEPOT INC HD TE 71876.00 -1696.00 362.00
HOME DEPOT INC HDI TH 71876.00 -1696.00 362.00
HOME DEPOT INC HDI GR 71876.00 -1696.00 362.00
HOME DEPOT INC HD US 71876.00 -1696.00 362.00
HOME DEPOT INC HD* MM 71876.00 -1696.00 362.00
HOME DEPOT INC HD CI 71876.00 -1696.00 362.00
HOME DEPOT INC HD SW 71876.00 -1696.00 362.00
HOME DEPOT INC HDEUR EU 71876.00 -1696.00 362.00
HOME DEPOT INC HDI QT 71876.00 -1696.00 362.00
HOME DEPOT INC HD AV 71876.00 -1696.00 362.00
HOME DEPOT INC HDEUR EZ 71876.00 -1696.00 362.00
HOME DEPOT INC 0R1G LN 71876.00 -1696.00 362.00
HOME DEPOT INC HDUSD SW 71876.00 -1696.00 362.00
HOME DEPOT INC HDI GZ 71876.00 -1696.00 362.00
HOME DEPOT INC HDCL CI 71876.00 -1696.00 362.00
HOME DEPOT INC HD-RM RM 71876.00 -1696.00 362.00
HOME DEPOT-CED HDC AR 71876.00 -1696.00 362.00
HOME DEPOT-CED HD AR 71876.00 -1696.00 362.00
HOME DEPOT-CED HDD AR 71876.00 -1696.00 362.00
HORIZON ACQUIS-A HZON US 525.65 -36.89 -1.88
HORIZON ACQUISIT HZON/U US 525.65 -36.89 -1.88
HORIZON GLOBAL HZN US 438.92 -40.25 111.31
HP COMPANY-BDR HPQB34 BZ 38912.00 -2328.00 -7767.00
HP INC HPQ TE 38912.00 -2328.00 -7767.00
HP INC 7HP TH 38912.00 -2328.00 -7767.00
HP INC 7HP GR 38912.00 -2328.00 -7767.00
HP INC HPQ US 38912.00 -2328.00 -7767.00
HP INC HPQ CI 38912.00 -2328.00 -7767.00
HP INC HPQ SW 38912.00 -2328.00 -7767.00
HP INC 7HP QT 38912.00 -2328.00 -7767.00
HP INC HPQEUR EZ 38912.00 -2328.00 -7767.00
HP INC HPQUSD SW 38912.00 -2328.00 -7767.00
HP INC HPQEUR EU 38912.00 -2328.00 -7767.00
HP INC 7HP GZ 38912.00 -2328.00 -7767.00
HP INC HPQ AV 38912.00 -2328.00 -7767.00
HP INC HPQ* MM 38912.00 -2328.00 -7767.00
HP INC HPQ-RM RM 38912.00 -2328.00 -7767.00
HPX CORP HPX US 253.92 -21.29 0.38
HPX CORP HPX/U US 253.92 -21.29 0.38
HUMANIGEN INC HGEN US 71.06 -23.69 2.25
IMMUNITYBIO INC NK1EUR EU 468.91 -243.91 -34.65
IMMUNITYBIO INC 26CA GZ 468.91 -243.91 -34.65
IMMUNITYBIO INC NK1EUR EZ 468.91 -243.91 -34.65
IMMUNITYBIO INC 26CA TH 468.91 -243.91 -34.65
IMMUNITYBIO INC IBRX US 468.91 -243.91 -34.65
IMMUNITYBIO INC 26CA GR 468.91 -243.91 -34.65
IMMUNITYBIO INC 26CA QT 468.91 -243.91 -34.65
IMPINJ INC PI US 315.54 -11.08 220.30
IMPINJ INC 27J TH 315.54 -11.08 220.30
IMPINJ INC 27J GZ 315.54 -11.08 220.30
IMPINJ INC 27J QT 315.54 -11.08 220.30
IMPINJ INC PIEUR EZ 315.54 -11.08 220.30
IMPINJ INC 27J GR 315.54 -11.08 220.30
IMPINJ INC PIEUR EU 315.54 -11.08 220.30
INFINITE AC-CL A NFNT US 283.21 -8.36 0.98
INFINITE ACQUISI NFNT/U US 283.21 -8.36 0.98
INSEEGO CORP INO TH 215.84 -24.85 52.79
INSEEGO CORP INO QT 215.84 -24.85 52.79
INSEEGO CORP INSGEUR EZ 215.84 -24.85 52.79
INSEEGO CORP INSG US 215.84 -24.85 52.79
INSEEGO CORP INO GR 215.84 -24.85 52.79
INSEEGO CORP INSGEUR EU 215.84 -24.85 52.79
INSEEGO CORP INO GZ 215.84 -24.85 52.79
INSEEGO CORP INSG-RM RM 215.84 -24.85 52.79
INSPERITY INC NSP US 1753.09 -1.77 116.28
INSPERITY INC ASF GR 1753.09 -1.77 116.28
INSPIRED ENTERTA INSE US 303.80 -120.90 14.70
INSPIRED ENTERTA 4U8 GR 303.80 -120.90 14.70
INSPIRED ENTERTA INSEEUR EU 303.80 -120.90 14.70
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INTERCEPT PHARMA ICPT US 527.02 -183.96 335.48
INTERCEPT PHARMA I4P GR 527.02 -183.96 335.48
INTERCEPT PHARMA I4P TH 527.02 -183.96 335.48
INTERCEPT PHARMA ICPT* MM 527.02 -183.96 335.48
INTERCEPT PHARMA I4P GZ 527.02 -183.96 335.48
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INTERSECT ENT IN 7IN GR 146.87 -69.07 48.84
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JACK IN THE BOX JBX GR 1758.60 -786.06 -115.36
JACK IN THE BOX JACK US 1758.60 -786.06 -115.36
JACK IN THE BOX JACK1EUR EU 1758.60 -786.06 -115.36
JACK IN THE BOX JBX QT 1758.60 -786.06 -115.36
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JOSEMARIA RESOUR JOSES IX 69.36 -2.37 -27.56
JOSEMARIA RESOUR JOSES EB 69.36 -2.37 -27.56
JOSEMARIA RESOUR JOSE SS 69.36 -2.37 -27.56
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JUNIPER II COR-A JUN US 12.51 -0.03 -0.42
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KARYOPHARM THERA KPTI US 305.30 -79.67 201.89
KARYOPHARM THERA 25K TH 305.30 -79.67 201.89
KARYOPHARM THERA 25K GR 305.30 -79.67 201.89
KARYOPHARM THERA KPTIEUR EU 305.30 -79.67 201.89
KARYOPHARM THERA 25K QT 305.30 -79.67 201.89
KARYOPHARM THERA 25K GZ 305.30 -79.67 201.89
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KIMBELL TIGER AC TGR/U US 0.60 -0.33 -0.33
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KL ACQUISI-CLS A KLAQ US 288.63 267.68 0.74
KL ACQUISITION C KLAQU US 288.63 267.68 0.74
L BRANDS INC-BDR B1BW34 BZ 6026.00 -1517.00 1719.00
LDH GROWTH C-A LDHA US 232.62 216.65 2.09
LDH GROWTH CORP LDHAU US 232.62 216.65 2.09
LENNOX INTL INC LXI GR 2171.90 -269.00 348.30
LENNOX INTL INC LII US 2171.90 -269.00 348.30
LENNOX INTL INC LII* MM 2171.90 -269.00 348.30
LENNOX INTL INC LXI TH 2171.90 -269.00 348.30
LENNOX INTL INC LII1EUR EU 2171.90 -269.00 348.30
LESLIE'S INC LESL US 811.27 -381.30 121.29
LESLIE'S INC LE3 GR 811.27 -381.30 121.29
LESLIE'S INC LESLEUR EU 811.27 -381.30 121.29
LESLIE'S INC LE3 QT 811.27 -381.30 121.29
LOWE'S COS INC LWE GR 44640.00 -4816.00 392.00
LOWE'S COS INC LOW US 44640.00 -4816.00 392.00
LOWE'S COS INC LWE TH 44640.00 -4816.00 392.00
LOWE'S COS INC LOW* MM 44640.00 -4816.00 392.00
LOWE'S COS INC LOWE AV 44640.00 -4816.00 392.00
LOWE'S COS INC LOWEUR EZ 44640.00 -4816.00 392.00
LOWE'S COS INC LWE GZ 44640.00 -4816.00 392.00
LOWE'S COS INC LWE TE 44640.00 -4816.00 392.00
LOWE'S COS INC LWE QT 44640.00 -4816.00 392.00
LOWE'S COS INC LOWEUR EU 44640.00 -4816.00 392.00
LOWE'S COS INC LOW-RM RM 44640.00 -4816.00 392.00
LOWE'S COS-BDR LOWC34 BZ 44640.00 -4816.00 392.00
MADISON SQUARE G MSGS US 1349.42 -209.61 -233.24
MADISON SQUARE G MSG1EUR EU 1349.42 -209.61 -233.24
MADISON SQUARE G MS8 GR 1349.42 -209.61 -233.24
MADISON SQUARE G MS8 TH 1349.42 -209.61 -233.24
MADISON SQUARE G MS8 QT 1349.42 -209.61 -233.24
MADISON SQUARE G MS8 GZ 1349.42 -209.61 -233.24
MANNKIND CORP NNFN TH 321.16 -209.35 171.40
MANNKIND CORP MNKD US 321.16 -209.35 171.40
MANNKIND CORP NNFN GR 321.16 -209.35 171.40
MANNKIND CORP MNKDEUR EZ 321.16 -209.35 171.40
MANNKIND CORP NNFN QT 321.16 -209.35 171.40
MANNKIND CORP MNKDEUR EU 321.16 -209.35 171.40
MANNKIND CORP NNFN GZ 321.16 -209.35 171.40
MARKETWISE INC MKTW US 421.55 -405.26 -149.10
MARTIN MIDSTREAM MMLP US 579.86 -48.04 69.60
MASON INDUS-CL A MIT US 502.25 -33.82 1.70
MASON INDUSTRIAL MIT/U US 502.25 -33.82 1.70
MATCH GROUP -BDR M1TC34 BZ 5063.29 -194.58 49.96
MATCH GROUP INC MTCH US 5063.29 -194.58 49.96
MATCH GROUP INC 4MGN TH 5063.29 -194.58 49.96
MATCH GROUP INC MTCH1* MM 5063.29 -194.58 49.96
MATCH GROUP INC 4MGN GR 5063.29 -194.58 49.96
MATCH GROUP INC 4MGN QT 5063.29 -194.58 49.96
MATCH GROUP INC MTC2 AV 5063.29 -194.58 49.96
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MATCH GROUP INC 0JZ7 LI 5063.29 -194.58 49.96
MATCH GROUP INC MTCH-RM RM 5063.29 -194.58 49.96
MBIA INC MBJ TH 4696.00 -300.00 0.00
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MCDONALDS - BDR MCDC34 BZ 53854.30 -4601.00 3128.50
MCDONALDS CORP MDO TH 53854.30 -4601.00 3128.50
MCDONALDS CORP MCD SW 53854.30 -4601.00 3128.50
MCDONALDS CORP MCD US 53854.30 -4601.00 3128.50
MCDONALDS CORP MDO GR 53854.30 -4601.00 3128.50
MCDONALDS CORP MCD* MM 53854.30 -4601.00 3128.50
MCDONALDS CORP MCD TE 53854.30 -4601.00 3128.50
MCDONALDS CORP MCD CI 53854.30 -4601.00 3128.50
MCDONALDS CORP MDO QT 53854.30 -4601.00 3128.50
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MCDONALDS CORP 0R16 LN 53854.30 -4601.00 3128.50
MCDONALDS CORP MCDUSD SW 53854.30 -4601.00 3128.50
MCDONALDS CORP MCDEUR EU 53854.30 -4601.00 3128.50
MCDONALDS CORP MDO GZ 53854.30 -4601.00 3128.50
MCDONALDS CORP MCD-RM RM 53854.30 -4601.00 3128.50
MCDONALDS CORP MCDCL CI 53854.30 -4601.00 3128.50
MCDONALDS-CEDEAR MCD AR 53854.30 -4601.00 3128.50
MCDONALDS-CEDEAR MCDC AR 53854.30 -4601.00 3128.50
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MCKESSON CORP MCK GR 63708.00 -787.00 -954.00
MCKESSON CORP MCK US 63708.00 -787.00 -954.00
MCKESSON CORP MCK TH 63708.00 -787.00 -954.00
MCKESSON CORP MCK* MM 63708.00 -787.00 -954.00
MCKESSON CORP MCK1EUR EU 63708.00 -787.00 -954.00
MCKESSON CORP MCK QT 63708.00 -787.00 -954.00
MCKESSON CORP MCK1EUR EZ 63708.00 -787.00 -954.00
MCKESSON CORP MCK GZ 63708.00 -787.00 -954.00
MCKESSON CORP MCK-RM RM 63708.00 -787.00 -954.00
MCKESSON-BDR M1CK34 BZ 63708.00 -787.00 -954.00
MEDIAALPHA INC-A MAX US 289.80 -61.57 52.89
MELI KASZEK PI-A MEKA US 10.65 -55.86 -6.63
MEWCOURT ACQUISI NCACU US 0.22 -0.05 -0.26
MINORITY EQUAL-A MEOA US 129.54 -18.84 0.76
MINORITY EQUALIT MEOAU US 129.54 -18.84 0.76
MONEYGRAM INTERN MGI US 4476.50 -185.00 -4.80
MONEYGRAM INTERN 9M1N GR 4476.50 -185.00 -4.80
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MOTOROLA SOL-BDR M1SI34 BZ 12189.00 -23.00 1349.00
MOTOROLA SOL-CED MSI AR 12189.00 -23.00 1349.00
MOTOROLA SOLUTIO MOT TE 12189.00 -23.00 1349.00
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MSCI INC MSCI US 5506.70 -163.47 892.47
MSCI INC 3HM GR 5506.70 -163.47 892.47
MSCI INC 3HM SW 5506.70 -163.47 892.47
MSCI INC 3HM GZ 5506.70 -163.47 892.47
MSCI INC 3HM QT 5506.70 -163.47 892.47
MSCI INC MSCIEUR EZ 5506.70 -163.47 892.47
MSCI INC MSCI* MM 5506.70 -163.47 892.47
MSCI INC 3HM TH 5506.70 -163.47 892.47
MSCI INC MSCI AV 5506.70 -163.47 892.47
MSCI INC MSCI-RM RM 5506.70 -163.47 892.47
MSCI INC-BDR M1SC34 BZ 5506.70 -163.47 892.47
N/A CC-RM RM 2015.98 -642.84 485.80
NATHANS FAMOUS NATH US 114.46 -55.30 48.20
NATHANS FAMOUS NFA GR 114.46 -55.30 48.20
NATHANS FAMOUS NATHEUR EU 114.46 -55.30 48.20
NEIGHBOUR-SUBRCT NBLY/R CN 558.21 344.68 53.51
NEIGHBOURLY PHAR NBLY CN 558.21 344.68 53.51
NEW ENG RLTY-LP NEN US 356.88 -49.29 0.00
NEWCOURT ACQ-A NCAC US 0.22 -0.05 -0.26
NORTONLIFEL- BDR S1YM34 BZ 6873.00 -98.00 -726.00
NORTONLIFELOCK I NLOK US 6873.00 -98.00 -726.00
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NOVAVAX INC NVV1 TH 2576.75 -351.67 -235.20
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NUTANIX INC - A 0NU GZ 2315.59 -725.62 494.70
NUTANIX INC - A NTNXEUR EZ 2315.59 -725.62 494.70
NUTANIX INC - A 0NU GR 2315.59 -725.62 494.70
NUTANIX INC - A NTNXEUR EU 2315.59 -725.62 494.70
NUTANIX INC - A 0NU TH 2315.59 -725.62 494.70
NUTANIX INC - A 0NU QT 2315.59 -725.62 494.70
NUTANIX INC - A NTNX US 2315.59 -725.62 494.70
NUTANIX INC - A NTNX-RM RM 2315.59 -725.62 494.70
NUTANIX INC-BDR N2TN34 BZ 2315.59 -725.62 494.70
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ORACLE CORP ORCL US 108644.00 -8211.00 10842.00
ORACLE CORP ORC TH 108644.00 -8211.00 10842.00
ORACLE CORP ORCL TE 108644.00 -8211.00 10842.00
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ORACLE CORP ORC QT 108644.00 -8211.00 10842.00
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ORACLE CORP 0R1Z LN 108644.00 -8211.00 10842.00
ORACLE CORP ORCLUSD EZ 108644.00 -8211.00 10842.00
ORACLE CORP ORCLEUR EZ 108644.00 -8211.00 10842.00
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ORACLE CORP ORC GZ 108644.00 -8211.00 10842.00
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ORACLE CORP ORCLCL CI 108644.00 -8211.00 10842.00
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ORGANON & CO OGN US 10681.00 -1508.00 1163.00
ORGANON & CO OGN-WEUR EU 10681.00 -1508.00 1163.00
ORGANON & CO 7XP TH 10681.00 -1508.00 1163.00
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OTIS WORLDWI OTIS US 12279.00 -2984.00 2014.00
OTIS WORLDWI 4PG GR 12279.00 -2984.00 2014.00
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PAPAYA GROWTH OP CC40 GR 0.00 0.00 0.00
PAPAYA GROWTH OP PPYAUEUR EU 0.00 0.00 0.00
PET VALU HOLDING PET CN 542.15 -152.19 19.49
PHILIP MORRI-BDR PHMO34 BZ 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM US 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN 4I1 GR 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM1CHF EU 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM1 TE 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN 4I1 TH 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM1EUR EU 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PMI SW 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PMIZ EB 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PMIZ IX 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN 4I1 QT 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PMOR AV 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN 0M8V LN 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM1EUR EZ 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM1CHF EZ 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN 4I1 GZ 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM* MM 41290.00 -8208.00 -1538.00
PHILIP MORRIS IN PM-RM RM 41290.00 -8208.00 -1538.00
PLANET FITNESS I P2LN34 BZ 2015.98 -642.84 485.80
PLANET FITNESS-A PLNT1EUR EZ 2015.98 -642.84 485.80
PLANET FITNESS-A 3PL QT 2015.98 -642.84 485.80
PLANET FITNESS-A PLNT1EUR EU 2015.98 -642.84 485.80
PLANET FITNESS-A PLNT US 2015.98 -642.84 485.80
PLANET FITNESS-A 3PL TH 2015.98 -642.84 485.80
PLANET FITNESS-A 3PL GR 2015.98 -642.84 485.80
PLANET FITNESS-A 3PL GZ 2015.98 -642.84 485.80
POTBELLY CORP PBPB US 253.24 -2.42 -41.83
POTBELLY CORP PTB GR 253.24 -2.42 -41.83
POTBELLY CORP PTB QT 253.24 -2.42 -41.83
POTBELLY CORP PBPBEUR EU 253.24 -2.42 -41.83
PRIME IMPACT A-A PIAI US 324.99 -19.85 0.29
PRIME IMPACT ACQ PIAI/U US 324.99 -19.85 0.29
PROJECT ENERGY R PEGRU US 0.69 -0.04 -0.73
PROJECT ENERGY R PEGR US 0.69 -0.04 -0.73
RADIUS HEALTH IN RDUS US 181.54 -252.30 78.29
RADIUS HEALTH IN 1R8 GR 181.54 -252.30 78.29
RADIUS HEALTH IN RDUSEUR EZ 181.54 -252.30 78.29
RADIUS HEALTH IN 1R8 QT 181.54 -252.30 78.29
RADIUS HEALTH IN RDUSEUR EU 181.54 -252.30 78.29
RADIUS HEALTH IN 1R8 TH 181.54 -252.30 78.29
RAPID7 INC R7D SW 1296.01 -126.00 -35.94
RAPID7 INC RPDEUR EU 1296.01 -126.00 -35.94
RAPID7 INC R7D TH 1296.01 -126.00 -35.94
RAPID7 INC RPD US 1296.01 -126.00 -35.94
RAPID7 INC R7D GR 1296.01 -126.00 -35.94
RAPID7 INC RPD* MM 1296.01 -126.00 -35.94
RAPID7 INC R7D GZ 1296.01 -126.00 -35.94
RAPID7 INC R7D QT 1296.01 -126.00 -35.94
RENT THE RUNWA-A RENT US 478.40 104.90 220.30
REVLON INC-A RVL1 GR 2602.10 -1857.20 412.70
REVLON INC-A REV* MM 2602.10 -1857.20 412.70
REVLON INC-A RVL1 TH 2602.10 -1857.20 412.70
REVLON INC-A REVEUR EU 2602.10 -1857.20 412.70
REVLON INC-A REV US 2602.10 -1857.20 412.70
RIMINI STREET IN RMNI US 391.26 -80.39 -42.74
RIMINI STREET IN 0QH GR 391.26 -80.39 -42.74
RIMINI STREET IN RMNIEUR EU 391.26 -80.39 -42.74
RIMINI STREET IN 0QH QT 391.26 -80.39 -42.74
ROSE HILL ACQU-A ROSE US 0.40 -0.01 -0.41
ROSE HILL ACQUIS ROSEU US 0.40 -0.01 -0.41
RYMAN HOSPITALIT RHP US 3580.53 -22.39 45.31
RYMAN HOSPITALIT 4RH GR 3580.53 -22.39 45.31
RYMAN HOSPITALIT 4RH TH 3580.53 -22.39 45.31
RYMAN HOSPITALIT 4RH QT 3580.53 -22.39 45.31
RYMAN HOSPITALIT RHPEUR EU 3580.53 -22.39 45.31
SABRE CORP 19S SW 5291.33 -499.72 685.77
SABRE CORP SABR US 5291.33 -499.72 685.77
SABRE CORP 19S GR 5291.33 -499.72 685.77
SABRE CORP 19S TH 5291.33 -499.72 685.77
SABRE CORP SABREUR EU 5291.33 -499.72 685.77
SABRE CORP 19S QT 5291.33 -499.72 685.77
SABRE CORP SABREUR EZ 5291.33 -499.72 685.77
SABRE CORP 19S GZ 5291.33 -499.72 685.77
SBA COMM CORP 4SB GR 9801.70 -5266.15 -1.89
SBA COMM CORP SBAC US 9801.70 -5266.15 -1.89
SBA COMM CORP 4SB TH 9801.70 -5266.15 -1.89
SBA COMM CORP SBACEUR EZ 9801.70 -5266.15 -1.89
SBA COMM CORP 4SB GZ 9801.70 -5266.15 -1.89
SBA COMM CORP SBAC* MM 9801.70 -5266.15 -1.89
SBA COMM CORP SBACEUR EU 9801.70 -5266.15 -1.89
SBA COMM CORP 4SB QT 9801.70 -5266.15 -1.89
SCIENTIFIC GAMES TJW TH 7883.00 -2106.00 758.00
SCIENTIFIC GAMES TJW GZ 7883.00 -2106.00 758.00
SCIENTIFIC GAMES SGMS US 7883.00 -2106.00 758.00
SCIENTIFIC GAMES TJW GR 7883.00 -2106.00 758.00
SCIENTIFIC GAMES SGMS1EUR EZ 7883.00 -2106.00 758.00
SCIENTIFIC GAMES SGMS1EUR EU 7883.00 -2106.00 758.00
SCIENTIFIC GAMES TJW QT 7883.00 -2106.00 758.00
SCULPTOR ACQUI-A SCUA US 0.37 -0.04 -0.42
SCULPTOR ACQUISI SCUA/U US 0.37 -0.04 -0.42
SEAWORLD ENTERTA W2L GR 2610.32 -33.92 195.43
SEAWORLD ENTERTA W2L TH 2610.32 -33.92 195.43
SEAWORLD ENTERTA SEAS US 2610.32 -33.92 195.43
SEAWORLD ENTERTA W2L QT 2610.32 -33.92 195.43
SEAWORLD ENTERTA SEASEUR EU 2610.32 -33.92 195.43
SEAWORLD ENTERTA W2L GZ 2610.32 -33.92 195.43
SHELL MIDSTREAM SHLX US 2318.00 -493.00 -24.00
SHOALS TECHNOL-A SHLS US 426.41 -7.50 61.89
SHOALS TECHNOL-A SHLS-RM RM 426.41 -7.50 61.89
SILVER SPIKE-A SPKC/U CN 128.55 -9.96 0.96
SINCLAIR BROAD-A SBGI US 12541.00 -1509.00 1269.00
SINCLAIR BROAD-A SBTA GR 12541.00 -1509.00 1269.00
SINCLAIR BROAD-A SBGIEUR EU 12541.00 -1509.00 1269.00
SINCLAIR BROAD-A SBTA GZ 12541.00 -1509.00 1269.00
SINCLAIR BROAD-A SBTA TH 12541.00 -1509.00 1269.00
SINCLAIR BROAD-A SBTA QT 12541.00 -1509.00 1269.00
SIRIUS XM HO-BDR SRXM34 BZ 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN RDO GR 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN RDO TH 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN SIRI US 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN RDO QT 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN SIRI AV 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN SIRIEUR EZ 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN SIRIEUR EU 10274.00 -2625.00 -1800.00
SIRIUS XM HOLDIN RDO GZ 10274.00 -2625.00 -1800.00
SIRNAOMICS LTD 2257 HK 110.18 -94.18 11.04
SIX FLAGS ENTERT 6FE GR 2968.59 -460.13 52.80
SIX FLAGS ENTERT SIX US 2968.59 -460.13 52.80
SIX FLAGS ENTERT 6FE QT 2968.59 -460.13 52.80
SIX FLAGS ENTERT SIXEUR EU 2968.59 -460.13 52.80
SIX FLAGS ENTERT 6FE TH 2968.59 -460.13 52.80
SLEEP NUMBER COR SNBR US 919.54 -424.95 -699.16
SLEEP NUMBER COR SL2 GR 919.54 -424.95 -699.16
SLEEP NUMBER COR SNBREUR EU 919.54 -424.95 -699.16
SLEEP NUMBER COR SL2 TH 919.54 -424.95 -699.16
SLEEP NUMBER COR SL2 QT 919.54 -424.95 -699.16
SLEEP NUMBER COR SL2 GZ 919.54 -424.95 -699.16
SMILEDIRECTCLUB SDC* MM 794.56 -134.35 289.50
SONIDA SENIOR LI SNDA US 674.18 -153.56 -186.53
SONIDA SENIOR LI 13C0 GR 674.18 -153.56 -186.53
SONIDA SENIOR LI CSU2EUR EU 674.18 -153.56 -186.53
SONIDA SENIOR LI 13C0 GZ 674.18 -153.56 -186.53
SPRAGUE RESOURCE SRLP US 1418.25 -65.58 -99.29
SQL TECHNOLOGIES SKYX US 11.95 -0.11 8.75
SQUARESPACE -BDR S2QS34 BZ 899.55 -13.48 -25.18
SQUARESPACE IN-A SQSP US 899.55 -13.48 -25.18
SQUARESPACE IN-A SQSPEUR EU 899.55 -13.48 -25.18
SQUARESPACE IN-A 8DT GZ 899.55 -13.48 -25.18
SQUARESPACE IN-A 8DT GR 899.55 -13.48 -25.18
SQUARESPACE IN-A 8DT TH 899.55 -13.48 -25.18
SQUARESPACE IN-A 8DT QT 899.55 -13.48 -25.18
STARBUCKS CORP SRB GR 28833.90 -8450.30 -1666.00
STARBUCKS CORP SRB TH 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX* MM 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX CI 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX SW 28833.90 -8450.30 -1666.00
STARBUCKS CORP SRB QT 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX US 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX AV 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX TE 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUXEUR EU 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX IM 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUXEUR EZ 28833.90 -8450.30 -1666.00
STARBUCKS CORP 0QZH LI 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUXUSD SW 28833.90 -8450.30 -1666.00
STARBUCKS CORP SRB GZ 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX PE 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX-RM RM 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUXCL CI 28833.90 -8450.30 -1666.00
STARBUCKS CORP SBUX_KZ KZ 28833.90 -8450.30 -1666.00
STARBUCKS-BDR SBUB34 BZ 28833.90 -8450.30 -1666.00
STARBUCKS-CEDEAR SBUXD AR 28833.90 -8450.30 -1666.00
STARBUCKS-CEDEAR SBUX AR 28833.90 -8450.30 -1666.00
SYNDAX PHARMACEU SNDX US 449.66 -135.33 427.71
SYNDAX PHARMACEU SNDXEUR EU 449.66 -135.33 427.71
SYNDAX PHARMACEU 1T3 GR 449.66 -135.33 427.71
SYNDAX PHARMACEU 1T3 TH 449.66 -135.33 427.71
SYNDAX PHARMACEU 1T3 QT 449.66 -135.33 427.71
SYNDAX PHARMACEU 1T3 GZ 449.66 -135.33 427.71
TAILWIND INTERNA TWNI/U US 346.95 -22.04 1.14
TAILWIND INTERNA TWNI US 346.95 -22.04 1.14
TALON 1 ACQUIS-A TOAC US 0.42 -0.01 -0.39
TALON 1 ACQUISIT TOACU US 0.42 -0.01 -0.39
TORRID HOLDINGS CURV US 578.50 -258.32 -76.09
TRANSAT A.T. TRZ CN 1899.83 -429.64 37.56
TRANSAT A.T. TRZBF US 1899.83 -429.64 37.56
TRANSDIGM - BDR T1DG34 BZ 19242.00 -2626.00 5593.00
TRANSDIGM GROUP TDG US 19242.00 -2626.00 5593.00
TRANSDIGM GROUP T7D GR 19242.00 -2626.00 5593.00
TRANSDIGM GROUP TDG* MM 19242.00 -2626.00 5593.00
TRANSDIGM GROUP T7D TH 19242.00 -2626.00 5593.00
TRANSDIGM GROUP TDGEUR EZ 19242.00 -2626.00 5593.00
TRANSDIGM GROUP T7D QT 19242.00 -2626.00 5593.00
TRANSDIGM GROUP TDGEUR EU 19242.00 -2626.00 5593.00
TRANSDIGM GROUP TDG-RM RM 19242.00 -2626.00 5593.00
TRAVEL + LEISURE TNL US 6588.00 -794.00 688.00
TRAVEL + LEISURE WD5A GR 6588.00 -794.00 688.00
TRAVEL + LEISURE WD5A TH 6588.00 -794.00 688.00
TRAVEL + LEISURE 0M1K LI 6588.00 -794.00 688.00
TRAVEL + LEISURE WYNEUR EZ 6588.00 -794.00 688.00
TRAVEL + LEISURE WD5A QT 6588.00 -794.00 688.00
TRAVEL + LEISURE WYNEUR EU 6588.00 -794.00 688.00
TRAVEL + LEISURE WD5A GZ 6588.00 -794.00 688.00
TRISTAR ACQUISIT TRIS/U US 0.66 -0.13 -0.78
TRISTAR ACQUISIT TRIS US 0.66 -0.13 -0.78
TRIUMPH GROUP TG7 GR 1752.54 -812.04 365.09
TRIUMPH GROUP TGI US 1752.54 -812.04 365.09
TRIUMPH GROUP TG7 TH 1752.54 -812.04 365.09
TRIUMPH GROUP TGIEUR EU 1752.54 -812.04 365.09
TRIUMPH GROUP TG7 GZ 1752.54 -812.04 365.09
TUPPERWARE BRAND TUP GR 1255.40 -207.10 92.30
TUPPERWARE BRAND TUP US 1255.40 -207.10 92.30
TUPPERWARE BRAND TUP QT 1255.40 -207.10 92.30
TUPPERWARE BRAND TUP TH 1255.40 -207.10 92.30
TUPPERWARE BRAND TUP1EUR EU 1255.40 -207.10 92.30
TUPPERWARE BRAND TUP1EUR EZ 1255.40 -207.10 92.30
TUPPERWARE BRAND TUP GZ 1255.40 -207.10 92.30
UBIQUITI INC UI US 890.85 -4.19 418.73
UBIQUITI INC 3UB GR 890.85 -4.19 418.73
UBIQUITI INC UBNTEUR EU 890.85 -4.19 418.73
UBIQUITI INC 3UB TH 890.85 -4.19 418.73
UNISYS CORP USY1 TH 2419.50 -64.40 380.50
UNISYS CORP USY1 GR 2419.50 -64.40 380.50
UNISYS CORP UIS US 2419.50 -64.40 380.50
UNISYS CORP UIS1 SW 2419.50 -64.40 380.50
UNISYS CORP UISEUR EU 2419.50 -64.40 380.50
UNISYS CORP UISCHF EU 2419.50 -64.40 380.50
UNISYS CORP UISEUR EZ 2419.50 -64.40 380.50
UNISYS CORP UISCHF EZ 2419.50 -64.40 380.50
UNISYS CORP USY1 GZ 2419.50 -64.40 380.50
UNISYS CORP USY1 QT 2419.50 -64.40 380.50
UNITI GROUP INC UNIT US 4809.24 -2113.77 0.00
UNITI GROUP INC 8XC TH 4809.24 -2113.77 0.00
UNITI GROUP INC 8XC GR 4809.24 -2113.77 0.00
UNITI GROUP INC 8XC GZ 4809.24 -2113.77 0.00
VECTOR GROUP LTD VGR US 871.09 -841.55 306.51
VECTOR GROUP LTD VGR GR 871.09 -841.55 306.51
VECTOR GROUP LTD VGR QT 871.09 -841.55 306.51
VECTOR GROUP LTD VGREUR EU 871.09 -841.55 306.51
VECTOR GROUP LTD VGREUR EZ 871.09 -841.55 306.51
VECTOR GROUP LTD VGR TH 871.09 -841.55 306.51
VECTOR GROUP LTD VGR GZ 871.09 -841.55 306.51
VERISIGN INC VRS TH 1983.76 -1260.52 194.74
VERISIGN INC VRSN US 1983.76 -1260.52 194.74
VERISIGN INC VRS GR 1983.76 -1260.52 194.74
VERISIGN INC VRS QT 1983.76 -1260.52 194.74
VERISIGN INC VRSN* MM 1983.76 -1260.52 194.74
VERISIGN INC VRSNEUR EZ 1983.76 -1260.52 194.74
VERISIGN INC VRSNEUR EU 1983.76 -1260.52 194.74
VERISIGN INC VRS GZ 1983.76 -1260.52 194.74
VERISIGN INC VRSN-RM RM 1983.76 -1260.52 194.74
VERISIGN INC-BDR VRSN34 BZ 1983.76 -1260.52 194.74
VERISIGN-CEDEAR VRSN AR 1983.76 -1260.52 194.74
VINCO VENTURES I BBIG US 336.91 -172.00 137.49
VIVINT SMART HOM VVNT US 2785.63 -1740.10 -531.38
VMWARE INC-BDR V2MW34 BZ 28676.00 -876.00 -1685.00
VMWARE INC-CL A BZF1 GR 28676.00 -876.00 -1685.00
VMWARE INC-CL A BZF1 TH 28676.00 -876.00 -1685.00
VMWARE INC-CL A VMW US 28676.00 -876.00 -1685.00
VMWARE INC-CL A VMWEUR EU 28676.00 -876.00 -1685.00
VMWARE INC-CL A BZF1 QT 28676.00 -876.00 -1685.00
VMWARE INC-CL A VMW* MM 28676.00 -876.00 -1685.00
VMWARE INC-CL A VMWEUR EZ 28676.00 -876.00 -1685.00
VMWARE INC-CL A VMWA AV 28676.00 -876.00 -1685.00
VMWARE INC-CL A BZF1 GZ 28676.00 -876.00 -1685.00
W&T OFFSHORE INC WTI US 1193.21 -247.18 33.88
W&T OFFSHORE INC UWV GR 1193.21 -247.18 33.88
W&T OFFSHORE INC UWV SW 1193.21 -247.18 33.88
W&T OFFSHORE INC WTI1EUR EU 1193.21 -247.18 33.88
W&T OFFSHORE INC UWV TH 1193.21 -247.18 33.88
W&T OFFSHORE INC UWV GZ 1193.21 -247.18 33.88
WALDENCAST ACQ-A WALD US 345.70 309.64 0.42
WALDENCAST ACQUI WALDU US 345.70 309.64 0.42
WAVERLEY CAPIT-A WAVC US 217.24 -5.23 2.29
WAVERLEY CAPITAL WAVC/U US 217.24 -5.23 2.29
WAYFAIR INC- A W US 4570.00 -1619.00 795.00
WAYFAIR INC- A 1WF GR 4570.00 -1619.00 795.00
WAYFAIR INC- A 1WF TH 4570.00 -1619.00 795.00
WAYFAIR INC- A WEUR EU 4570.00 -1619.00 795.00
WAYFAIR INC- A W* MM 4570.00 -1619.00 795.00
WAYFAIR INC- A 1WF GZ 4570.00 -1619.00 795.00
WAYFAIR INC- A WEUR EZ 4570.00 -1619.00 795.00
WAYFAIR INC- A 1WF QT 4570.00 -1619.00 795.00
WAYFAIR INC- BDR W2YF34 BZ 4570.00 -1619.00 795.00
WEBER INC - A WEBR US 1690.89 -169.43 91.67
WINGSTOP INC WING1EUR EU 249.20 -309.52 30.47
WINGSTOP INC WING US 249.20 -309.52 30.47
WINGSTOP INC EWG GR 249.20 -309.52 30.47
WINGSTOP INC EWG GZ 249.20 -309.52 30.47
WINMARK CORP WINA US 26.90 -39.08 7.45
WINMARK CORP GBZ GR 26.90 -39.08 7.45
WORLDWIDE WEBB A WWACU US 0.71 -0.01 -0.72
WORLDWIDE WEBB-A WWAC US 0.71 -0.01 -0.72
WW INTERNATIONAL WW US 1428.93 -456.40 42.04
WW INTERNATIONAL WW6 GR 1428.93 -456.40 42.04
WW INTERNATIONAL WTWEUR EU 1428.93 -456.40 42.04
WW INTERNATIONAL WW6 QT 1428.93 -456.40 42.04
WW INTERNATIONAL WW6 TH 1428.93 -456.40 42.04
WW INTERNATIONAL WTWEUR EZ 1428.93 -456.40 42.04
WW INTERNATIONAL WW6 GZ 1428.93 -456.40 42.04
WW INTERNATIONAL WTW AV 1428.93 -456.40 42.04
WW INTERNATIONAL WW-RM RM 1428.93 -456.40 42.04
WYNN RESORTS LTD WYR TH 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYNN* MM 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYNN US 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYR GR 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYR QT 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYNNUSD EU 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYNNEUR EZ 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYNNEUR EU 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYR GZ 12530.83 -836.21 1588.04
WYNN RESORTS LTD WYNN-RM RM 12530.83 -836.21 1588.04
YELLOW CORP YEL GR 2425.60 -363.50 219.40
YELLOW CORP YEL1 TH 2425.60 -363.50 219.40
YELLOW CORP YRCWEUR EZ 2425.60 -363.50 219.40
YELLOW CORP YRCWEUR EU 2425.60 -363.50 219.40
YELLOW CORP YEL QT 2425.60 -363.50 219.40
YELLOW CORP YELL US 2425.60 -363.50 219.40
YELLOW CORP YEL GZ 2425.60 -363.50 219.40
YUM! BRANDS -BDR YUMR34 BZ 5966.00 -8373.00 117.00
YUM! BRANDS INC TGR TH 5966.00 -8373.00 117.00
YUM! BRANDS INC TGR GR 5966.00 -8373.00 117.00
YUM! BRANDS INC YUMEUR EU 5966.00 -8373.00 117.00
YUM! BRANDS INC TGR QT 5966.00 -8373.00 117.00
YUM! BRANDS INC YUM SW 5966.00 -8373.00 117.00
YUM! BRANDS INC YUM US 5966.00 -8373.00 117.00
YUM! BRANDS INC YUM* MM 5966.00 -8373.00 117.00
YUM! BRANDS INC YUMEUR EZ 5966.00 -8373.00 117.00
YUM! BRANDS INC YUMUSD SW 5966.00 -8373.00 117.00
YUM! BRANDS INC TGR GZ 5966.00 -8373.00 117.00
YUM! BRANDS INC YUM AV 5966.00 -8373.00 117.00
YUM! BRANDS INC TGR TE 5966.00 -8373.00 117.00
YUM! BRANDS INC YUM-RM RM 5966.00 -8373.00 117.00
*********
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., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2022. 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
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are $25 each. For subscription information, contact Peter A.
Chapman at 215-945-7000.
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