250520.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, May 20, 2025, Vol. 29, No. 139
Headlines
A.R.M. BAGELS: Gets Interim OK to Use Cash Collateral Until June 11
ACCURADIO LLC: Case Summary & Nine Unsecured Creditors
ACCURADIO LLC: Seeks Chapter 11 Bankruptcy in Illinois
ACUTE HVACR: Christine Brimm Named Subchapter V Trustee
ACUTE HVACR: Gets Interim OK to Use Cash Collateral
AFTERSHOCK COMICS: Exits Chapter 11 Bankruptcy
ALGOMA STEEL: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
ALL AMERICAN: Erik Johanson Files Rule 2019 Statement
ALLIANCE RESOURCE: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
AMERI-DENT DENTAL: Kathleen DiSanto Named Subchapter V Trustee
AMERICAN TRAILER: Saratoga CLO Marks $1.3 Million Loan at 16% Off
ANALABS INC: U.S. Trustee Unable to Appoint Committee
ANASTASIA PARENT: Saratoga CLO Marks $935,000 Loan at 18% Off
ANCIOM LLC: Linda Leali Named Subchapter V Trustee
ANTERO RESOURCES: Moody's Alters Outlook on 'Ba1' CFR to Positive
ATLAS MIDCO: S&P Downgrades ICR to 'CCC' on Liquidity Headwinds
AVIS BUDGET: Moody's Rates New Senior Unsecured Notes 'B1'
BECKER INC: Court Extends Cash Collateral Access to June 17
BENGAL DEBT: Saratoga CLO Marks $1.9 Million Loan at 40% Off
BLUEBIRD BIO: Warns of Possible Bankruptcy as Buyout Faces Delay
BREWER MACHINE: Case Summary & 20 Largest Unsecured Creditors
BRIGHTVIEW LANDSCAPES: S&P Affirms 'B' ICR, Outlook Stable
BTG TEXTILES: Gets Court OK to Use TAB Bank's Cash Collateral
BURFORD CAPITAL: Moody's Ups CFR to Ba1 & Alters Outlook to Stable
CABLE ONE: S&P Downgrades ICR to 'BB-', Outlook Negative
CADUCEUS PHYSICIANS: No Patient Care Concern, PCO Report Says
CALUMET INC: S&P Affirms 'CCC+' ICR on Near-Term Refinancing Risks
CAREERBUILDER LLC: Saratoga CLO Marks $4 Million Loan at 95% Off
CAROLINA'S CONTRACTING: Baker Donelson Advises Komatsu & HomeTrust
CASTLE US: Moody's Affirms 'Caa2' CFR & Alters Outlook to Stable
CASTLE US: Saratoga CLO Marks $1.9 Million Loan at 38% Off
CCRR PARENT: Saratoga CLO Marks $962,000 Loan at 60% Off
CCRR PARENT: Saratoga CLO Marks $980,000 Loan at 60% Off
CCS-CMGC HOLDINGS: Saratoga CLO Marks $1.1-Mil. Loan at 66% Off
CEC ENTERTAINMENT: Moody's Alters Outlook on 'B3' CFR to Negative
CHANDLER SOLUTIONS: U.S. Trustee Unable to Appoint Committee
CHAPMAN CBC: Case Summary & 18 Unsecured Creditors
CHARTER COMMUNICATIONS: S&P Affirms 'BB+' ICR, Outlook Stable
CLEANOVA HOLDCO 3: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
COLUMBINE HEIGHTS: Unsecureds Will Get 100% of Claims in Plan
COMMERCIAL FURNITURE: Gets Extension to Access Cash Collateral
CONSOLIDATED BURGER: June 23, 2025 Proofs of Claim Deadline Set
COSTELLO SR.-ALLEN: Mark Schlant Named Subchapter V Trustee
CREATIVEMASS HOLDINGS: William Homony Named Subchapter V Trustee
DANIMER SCIENTIFIC: June 9, 2025 Claims Bar Date Set
DEL MONTE FOODS II: Moody's Assigns 'Caa2' CFR, Outlook Negative
DOVGAL EXPRESS: Cash Collateral Hearing Set for May 21
DRIVEHUB AUTO: Continued Operation to Fund Plan Payments
EAST COAST FOODS: 9th Circ. Dismisses Ex-Bankruptcy Trustee's Suit
EMILY L. LONGWITH: Unsecureds Will Get 12.17% over 5 Years
ENDURE DIGITAL: Saratoga CLO Marks $2.4M Loan at 31% Off
ENPRO INDUSTRIES: Moody's Rates New Unsec. Notes Due 2033 'Ba3'
EOS US FINCO: Saratoga CLO Marks $950,000 Loan at 58% Off
EVEREST LENDING: Updates Restructuring Plan Disclosures
FORMING MACHINING: S&P Withdraws 'CCC' Issuer Credit Rating
FRANCHISE GROUP: Saratoga CLO Marks $3 Million Loan at 50% Off
FRANCHISE GROUP: Saratoga CLO Marks $827,000 Loan at 50% Off
GLOBAL INFRASTRUCTURE: S&P Upgrades ICR to 'BB', Outlook Stable
GOLDEN WEST: Saratoga CLO Marks $1.7 Million Loan at 19% Off
GOOD EARTH: Case Summary & 20 Largest Unsecured Creditors
GOTO GROUP: Saratoga CLO Marks $1.7 Million Loan at 19% Off
GRANT ANTIQUES: Case Summary & 10 Unsecured Creditors
GREEN SAPPHIRE: Case Summary & 10 Unsecured Creditors
HAPPYNEST REIT: Assurance Dimensions Raises Going Concern Doubt
HARMONY COVE: Tarek Kiem Named Subchapter V Trustee
HEALTHCHANNELS INTERMEDIATE: Moody's Withdraws 'Caa3' CFR
HRNI HOLDINGS: Fitch Alters Outlook on 'B' LongTerm IDR to Stable
INDIVIDUALIZED ABA: Quality of Care Maintained, 3rd PCO Report Says
INKED PLAYMATS: Tarek Kiem Named Subchapter V Trustee
ISAGENIX INTERNATIONAL: Saratoga CLO Marks $1.3M Loan at 87% Off
J.C.C.M. PROPERTIES: Case Summary & Two Unsecured Creditors
JP INTERMEDIATE: Saratoga CLO Marks $3.3 Million Loan at 96% Off
KEEP IT GYPSY: Case Summary & One Unsecured Creditor
KEYSTONE PASSIONATE: Lisa Rynard Named Subchapter V Trustee
KOHL'S CORP: Fitch Rates New $360MM Secured Notes Due 2030 'BB+'
LAID RIGHT: Joseph Frost Named Subchapter V Trustee
LAKELAND TOURS: Saratoga CLO Marks $1.1 Million Loan at 98% Off
LBM ACQUISITION: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
LEALAND FINANCE: Saratoga CLO Marks $366,000 Loan at 59% Off
LIGHTNING POWER: Moody's Alters Outlook on 'Ba3' CFR to Positive
MATADOR RESOURCES: Fitch Hikes LongTerm IDR to 'BB', Outlook Stable
MCR HEALTH: PCO Reports Staffing Challenges
METROPOLITAN OPERA, NY: S&P Lowers 2012 Bond Rating to 'BB+'
MIDWEST CHRISTIAN: Implements Alternative Record Retention Policy
MIDWEST ENGINEERED: Steven Nosek Named Subchapter V Trustee
MISTER CHIMNEY: Christopher Hayes Named Subchapter V Trustee
MODE MOBILE: IndigoSpire CPA Raises Going Concern Doubt
MOORE MEDICAL: Gets Final OK to Use Cash Collateral
MOUNTAINEER MERGER: Moody's Cuts CFR to 'Caa3', Outlook Stable
NAKED JUICE: Moody's Puts 'Ca' CFR Under Review for Upgrade
NATIONAL FOOD: Case Summary & 20 Largest Unsecured Creditors
NAVIENT CORP: Fitch Assigns BB-(EXP) Rating on Sr. Unsecured Notes
OUTKAST ELECTRICAL: Court Extends Cash Collateral Access to May 30
P MAIO CONSTRUCTION: Unsecureds Will Get 46% of Claims over 3 Years
PARAMOUNT REAL ESTATE: Robert Handler Named Subchapter V Trustee
PARTIDA HOLDINGS OF FAYETTEVILLE: Gets OK to Use Cash Collateral
PARTIDA HOLDINGS OF LAWTON: Gets Final OK to Use Cash Collateral
PARTIDA HOLDINGS OF LITTLE ROCK: Gets OK to Use Cash Collateral
PARTIDA HOLDINGS OF TULSA: Gets Final OK to Use Cash Collateral
PAWLUS DENTAL: Case Summary & 16 Unsecured Creditors
PEPPER PALACE: Saratoga Marks $2.4 Million 1L Loan at 45% Off
PETROLEOS DE VENEZUELA: May 28, 2025 Deadline for Topping Bids
PR DIAMOND: Gets Interim OK to Use Cash Collateral Until June 10
PRESBYTERIAN VILLAGES: Fitch Affirms 'BB-' IDR, Outlook Negative
RAMJAY INC: Angela Shortall of 3Cubed Named Subchapter V Trustee
REEF POOLS: Ruediger Mueller of TCMI Named Subchapter V Trustee
REGIONS PROPERTY: Carol Fox Named Subchapter V Trustee
RITE AID: Faces Proposed Class Action Alleging Unlawful Layoffs
RIVE RELEASING: Auction of Collateral Scheduled for May 22
SMITH HEALTH: No Resident Care Concern, 3rd PCO Report Says
SPORTIF VENTURES: Edward Burr Named Subchapter V Trustee
ST. CHARLES: S&P Raises Long-Term GO Parity Debt Rating to 'BB-'
STARR RAIL: Areya Holder Aurzada Named Subchapter V Trustee
STO-ROX SCHOOL: Moody's Upgrades Issuer & GOULT Ratings to Ba3
STONEYBROOK FAMILY: Unsecureds to Get Share of Income for 3 Years
SUNNOVA ENERGY: Extends Forbearance Deal With Noteholders to May 22
SYNAPTICS INC: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
SYRACUSE INDUSTRIAL: Fitch Affirms CC Rating on Carousel Ctr. Bonds
TELUS CORP: DBRS Finalizes BB(high) Rating on Subordinated Notes
TEXAS OILWELL: Unsecureds to Get Share of Income for 60 Months
THUNDER INTERNATIONAL: Case Summary & 20 Top Unsecured Creditors
TOWN LOUNGE: Case Summary & 20 Largest Unsecured Creditors
TR WELDING: Gets Final OK to Use Cash Collateral
TZADIK SIOUX FALLS III: Case Summary & 19 Unsecured Creditors
URBAN ONE: S&P Downgrades ICR to 'SD' on Subpar Debt Repurchase
VALPARAISO UNIVERSITY: S&P Rates 2025A-B Revenue Bonds 'BB+'
VAN DYKE PUBLIC SCHOOLS, MI: S&P Lowers GO Debt Rating to 'BB+'
VEREGY INTERMEDIATE: S&P Withdraws 'B-' Issuer Credit Rating
VESTIS CORP: Moody's Lowers CFR to B2 & Alters Outlook to Stable
WATCHTOWER FIREARMS: Carrington Represents Equity Security Holders
WAVE ASIAN: L. Todd Budgen Named Subchapter V Trustee
WAVE SUSHI: L. Todd Budgen Named Subchapter V Trustee
WILLIAM CARTER: Moody's Lowers CFR to 'Ba2', Outlook Stable
WINTHROP STREET: Voluntary Chapter 11 Case Summary
WT REPAIR: Case Summary & 10 Unsecured Creditors
ZOLLEGE PBC: Saratoga Marks $1.5 Million 1L Loan at 26% Off
*********
A.R.M. BAGELS: Gets Interim OK to Use Cash Collateral Until June 11
-------------------------------------------------------------------
A.R.M. Bagels, Inc. got the green light from the U.S. Bankruptcy
Court for the Southern District of New York to use cash
collateral.
The order penned by Judge Kyu Paek authorized the company's interim
use of cash collateral until June 11 to pay the expenses set forth
in its budget.
As protection, the U.S. Small Business Administration will be
granted a replacement lien on the company's assets constituting its
pre-bankruptcy collateral and will receive monthly payments of
$2,700 starting this month.
In case the replacement lien is not enough to protect its
interests, SBA will be granted a superpriority administrative
claim, subject to a carve-out for certain fees and expenses.
The company's authority to use cash collateral will be revoked upon
the occurrence of so-called termination events, including
noncompliance with the interim order.
A final hearing is scheduled for June 10.
About A.R.M. Bagels Inc.
A.R.M. Bagels owns and operates bagel shop from 415 North Central
Park Avenue, Hartsdale, N.Y.
A.R.M. sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. N.Y. Case No. 25-22194) on March 7, 2025, listing up
to $50,000 in assets and up to $1 million in liabilities. Anthony
Iaccarino, president of A.R.M., signed the petition.
Judge Kyu Young Paek oversees the case.
Anne Penachio, Esq., at Penachio Malara LLP, represents the Debtor
as legal counsel.
ACCURADIO LLC: Case Summary & Nine Unsecured Creditors
------------------------------------------------------
Debtor: AccuRadio, LLC
10 W. Hubbard Street, Suite 2D
Chicago, IL 60654
Business Description: AccuRadio is an online music streaming
service that offers nearly 1,000 channels
curated by human music experts rather than
algorithms. Founded in 2000, the platform
spans over 50 musical genres and allows
users to personalize their listening
experience through features like song
ratings, blended channels, and custom
favorites. The service is entirely free,
with unlimited skips and no subscription
plans.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-07366
Judge: Hon. Michael B Slade
Debtor's Counsel: Derek D. Samz, Esq.
GOLAN CHRISTIE TAGLIA LLP
70 W. Madison St., Suite 1500
Chicago, IL 60602
Tel: (312) 263-2300
E-mail: ddsamz@gct.law
Total Assets: $966,958
Total Liabilities: $10,529,027
Kurt Hanson, serving as manager, signed the petition.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CUEAVEI/AccuRadio_LLC__ilnbke-25-07366__0001.0.pdf?mcid=tGE4TAMA
ACCURADIO LLC: Seeks Chapter 11 Bankruptcy in Illinois
------------------------------------------------------
RadioInsight.com reports that streaming service AccuRadio has filed
for Chapter 11 bankruptcy protection following a failed effort to
resolve royalty disputes with SoundExchange. Founder and CEO Kurt
Hanson explained that the filing came after SoundExchange
unexpectedly filed a lawsuit in mid-2024, despite what AccuRadio
believed were productive negotiations.
"We were blindsided by the legal action," Hanson said, the report
cited. "We had spent months working with their attorneys to create
a fair payment plan and believed we were close to an agreement.
Even during litigation, we continued negotiating and thought our
most recent proposal would be accepted with only small revisions.
But SoundExchange changed course and rejected it. It was a deeply
disappointing outcome."
Hanson highlighted AccuRadio's record of compliance, noting that
the company has paid more than $13.5 million in royalties to
SoundExchange over the years and has remained current on recent
payments, according to RadioInsight.com.
He also criticized the Copyright Royalty Board's rate-setting
framework, calling it inaccessible to small and midsize streamers
due to the high cost of legal fees, expert witnesses, and
discovery. "The system seems unintentionally biased against
companies like ours," Hanson said. "We've spent nearly 25 years
building an innovative, human-curated music service while managing
rising royalty costs that make it difficult for smaller players to
survive."
Despite the filing, AccuRadio remains operational and independent.
"This decision wasn't made lightly," Hanson said. "But with
improving revenues and a return to profitability, we believe
bankruptcy protection will help us restructure and emerge stronger.
Our commitment to delivering great music to our listeners hasn't
changed," according to report.
About AccuRadio Inc.
AccuRadio Inc. offers streaming radio service.
Accuradio Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-07366) on May 14,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Derek D. Samz, Esq. at Golan Christie
Taglia LLP.
ACUTE HVACR: Christine Brimm Named Subchapter V Trustee
-------------------------------------------------------
The Acting U.S. Trustee for Region 4 appointed Christine Brimm,
Esq., as Subchapter V trustee for Acute HVACR, LLC.
Ms. Brimm, a practicing attorney in Myrtle Beach, S.C., will be
paid an hourly fee of $350 for her services as Subchapter V trustee
and an hourly fee of $150 for paralegal services. In addition, the
Subchapter V trustee will receive reimbursement for work-related
expenses incurred.
Ms. Brimm declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Christine E. Brimm
P.O. Box 14805
Myrtle Beach, SC 29587
Telephone: 803-256-6582
Email: cbrimm@bartonbrimm.com
About Acute HVACR
Acute HVACR, LLC is a heating, ventilation, air conditioning, and
refrigeration contractor based in Summerville, S.C.
Acute HVACR sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.S.C. Case No. 25-01661) on May 1,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Elisabetta Gm Gasparini handles the case.
The Debtor is represented by Michael Conrady, Esq., at Campbell Law
Firm, PA.
ACUTE HVACR: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Acute HVACR, LLC got the green light from the U.S. Bankruptcy Court
for the District of South Carolina to use cash collateral.
The order penned by Judge Elisabetta Gm Gasparini authorized the
company's interim use of cash collateral in accordance with its
budget until a final hearing is held.
The budget projects total operational expenses of $65,088 for May.
Acute HVACR's cash collateral may include receivables and accounts
potentially subject to liens by Ready Capital and the U.S. Small
Business Administration.
As protection, both creditors were granted replacement liens on
post-petition cash collateral to the same extent, validity, and
priority as their pre-bankruptcy liens.
Funds allocated for estate professionals in the budget must be held
in escrow and disbursed only after court approval. Acute HVACR must
pay the Subchapter V trustee $1,000 within 30 days of the court
order and $500 per month thereafter.
A final hearing is set for May 29.
About Acute HVACR LLC
Acute HVACR, LLC is a heating, ventilation, air conditioning, and
refrigeration contractor based in Summerville, S.C.
Acute HVACR sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.S.C. Case No. 25-01661) on May 1,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Elisabetta Gm Gasparini handles the case.
The Debtor is represented by Michael Conrady, Esq., at Campbell Law
Firm, PA.
AFTERSHOCK COMICS: Exits Chapter 11 Bankruptcy
----------------------------------------------
Brigid Alverson of ICv2 reports that AfterShock Comics is making a
comeback following its Chapter 11 bankruptcy filing, with a newly
restructured business and a commitment to repaying creators and
vendors in full.
According to the report, the company also plans to resume
publication of stalled series. Both AfterShock and its sister
company, Rive Gauche Television, filed for bankruptcy in December
2022. Under the approved reorganization plan, AfterShock will begin
issuing partial payments immediately and continue payments over
time until all obligations are fully settled.
"I'm pleased to share that, after two and a half years of
persistent effort, unpredictable market conditions, and extensive
negotiations, we are now positioned to honor all financial
commitments under our court-approved plan," said CEO Jon Kramer.
"We'll soon begin distributing payments to creators and vendors and
will continue until everyone is fully compensated. Restarting our
publishing operations is key to reaching that goal, and we're
incredibly grateful for the continued support from creators,
retailers, and distributors."
Jon Kramer and his brother Lee Kramer, who serves as President,
will continue to lead the company moving forward, according to
ICv2.
"While we've kept a low profile during this time, we've been
actively engaged with our creators on both current and upcoming
projects," said Lee Kramer. "We've also been in conversations with
potential editorial leaders—experienced professionals who can
help expand our legacy in horror, sci-fi, crime, and fantasy. For
the few series left unfinished, we fully intend to conclude those
stories as creators become available. Additionally, we have several
series and film adaptations in deep development, with some expected
to move into production by late 2025 or early 2026. Other projects
are already in the hands of studios and streaming platforms and
will be announced soon."
Senior VP of Sales & Marketing Steve Rotterdam added that
AfterShock is planning to revive its retailer-facing programs. "The
distribution model has changed significantly, and we're ready to
adapt so that AfterShock comics remain easily accessible to
readers," he said. "Our AfterShock Ambassador retail program set a
standard in the industry, and we're exploring new ways to bring it
back stronger than ever. We're excited to welcome fans, retailers,
and creators back to the brand."
Reflecting on the company's challenges, Jon Kramer cited the
pandemic and writers' strike as major setbacks. "Our 2020 decision
to seek financing to grow the business and retain our team was the
right move strategically, but the prolonged economic uncertainty
disrupted that momentum," he explained. "Although we knew the
restructuring process would be difficult and could strain
relationships, it ultimately protected our assets and the work of
our talented creators."
About AfterShock Comics
AfterShock Comics, LLC -- https://Aftershockcomics.com -- is an
American comic book publisher launched in 2015. The company is
based in Sherman Oaks, Calif. AfterShock Comics and affiliate Rive
Gauche Television filed petitions for relief under Chapter 11 of
the Bankruptcy Code (Bankr. C.D. Cal. Lead Case No. 22-11456) on
Dec. 19, 2022.
Judge Martin R. Barash oversees the cases.
At the time of filing, AfterShock Comics reported $10 million to
$50 million in both assets and liabilities while Rive Gauche
reported $50 million to $100 million in assets and $10 million to
$50 million in liabilities.
The Debtors are represented by David L. Neale, Esq., at Levene,
Neale, Bender, Yoo & Golubchik L.L.P.
The U.S. Trustee for Region 16 appointed two separate committees to
represent unsecured creditors in the Chapter 11 cases of AfterShock
Comics, LLC and Rive Gauche Television.
ALGOMA STEEL: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
------------------------------------------------------------
Fitch Ratings has affirmed Algoma Steel Group Inc.'s and Algoma
Steel Inc.'s Long-Term Issuer Default Ratings (IDRs) at 'B'. Fitch
has also affirmed Algoma Steel Inc.'s first-lien secured ABL credit
facility at 'BB' with a Recovery Rating of 'RR1' and its
second-lien senior secured notes, due 2029, at 'BB-'/'RR2'. The
Rating Outlook is Stable.
Algoma's ratings incorporate its small size, near-term margin
weakness, tariffs and an uncertain economic environment negatively
impacting earnings and its elevated leverage.
The Stable Outlook reflects Fitch's expectation that margins and
EBITDA leverage will improve as the company transitions production
from its blast furnace to a new electric arc furnace (EAF)
facility.
Key Rating Drivers
EAF Transition Positive: Fitch believes Algoma's transition to an
EAF facility from a blast furnace will improve its operating
profile. The EAF project increases annual raw steel capacity to 3.7
million tons from 2.8 million tons, results in a lower and more
flexible cost structure, lowers capital intensity, and improves its
environmental footprint. Algoma is expected to achieve first EAF
production in 2Q25 and shut down its blast furnace operations,
fully transitioning to EAF production in 2027.
The company is about CAD824 million through its project budget of
about CAD880 as of March 31, 2025. Fitch believes liquidity is
adequate to complete the project and views execution risk minimal
as Algoma is more than 90% through its anticipated projected spend,
has substantially contracted all remaining project costs, and will
operate the blast furnace in parallel as the EAF ramps up
production. Algoma also has a joint venture with Triple M Metal LP
which will supply scrap requirements for its new EAF as it
transitions from its blast furnace operations.
Section 232 Tariff Expectations: On March 12, 2025, Section 232
steel tariffs went into effect, imposing a 25% tariff on imports of
steel from all countries into the U.S. The tariffs are expected to
have a material adverse effect as around 60% of Algoma's revenue
typically comes from shipments to the U.S. Fitch believes Algoma's
earnings will be negatively impacted by tariffs to the extent
U.S.-produced steel is more competitive and Canadian steel demand
is not sufficient to be able to moderate the effect of lower
shipments to the U.S.
The impact of lower margins and shipments to the U.S. may be
partially offset by several factors: higher prices, as Canadian
steel prices usually correlate with U.S. prices, increased overall
shipments compared to 2024 as the EAF begins production, and the
potential to shift some shipments to Canada if demand improves.
EBITDA Margin Weakness: EBITDA margins declined to negative
territory in 2H24 driven primarily by a roughly 10.5% decline in
average selling prices. This compares to average EBITDA margins of
around 7% in the LTM ended Dec. 31, 2023. CRU Group U.S. hot-rolled
coil (HRC) prices have since improved to around $950/ton in April
2025 compared with an average of around $680/ton in 2H24. Fitch
expects margins to improve but remain challenged in 2026, trending
toward approximately 8% in 2027. This improvement is anticipated
due to higher prices and the company's transition to EAF
production, which is expected to lower costs.
Near-Term Elevated Leverage: Fitch expects Algoma's EBITDA leverage
to be elevated in 2025 but trend lower in 2026 and be sustained at
or below 4.0x in 2027. Algoma's EBITDA leverage has been at or
below 1.0x over the past three years prior to 2024. The company's
recent track record and its target net leverage of 1.5x (excluding
outstanding asset-backed and government loans) through-the-cycle
supports Fitch's view Algoma will prioritize maintaining modest
financial leverage.
Plate Mill Modernization Positive: Algoma is completing a plate
mill modernization project that will increase capacity to
600,000-700,000 tons from 350,000 tons. The CAD135 million project
has two phases, with Phase 1 completed in 2022 and Phase 2 expected
to be completed in July 2025. The increase in production is
positive for the company's business profile as it enhances Algoma's
leading market position as the only supplier of discrete plate in
Canada. Plate products have also commanded a significant premium to
HRC over the past few years, which increases projected cash flow
and provides some product diversification.
Limited Size/Production Concentration: Algoma is a relatively small
steel producer with about 2.8 million tons of annual capacity
expected to increase to about 3.7 million tons as the EAF project
is completed. Flat-rolled sheet accounted for 86% of total sales in
the nine months ended Dec. 31, 2024, with around 60% of shipments
to the U.S and 40% to Canada. Algoma's product concentration is
partially offset by its plate mill modernization project, which is
expected to increase its proportion of plate shipments to around
20%-25%.
Peer Analysis
Algoma is significantly smaller and has less product
diversification, higher operational risk and weaker credit metrics
than majority blast furnace flat-rolled steel producers United
States Steel Corporation (BB/Stable) and Cleveland-Cliffs Inc.
(BB-/Stable). Algoma is also significantly smaller and has weaker
credit metrics than long steel EAF steel producer Commercial Metals
Company (BB+/Positive).
Key Assumptions
- Average selling prices improve in 2025, decline toward around
CAD1200/ton in 2026, and remain relatively flat thereafter;
- Annual shipments average about 2.2-2.3 in 2025-2026, increasing
toward 2.8-2.9 million tons in 2027-2028 as Algoma transitions to
full EAF production;
- Algoma operates its blast furnace and EAF facilities in 2025-2026
as the new EAFs ramp up;
- Blast furnace production ceases in 2027;
- Capex of CAD300 million in 2025, CAD160 million in 2026, and
around CAD120 million thereafter;
- ABL drawn as needed;
- No share repurchases or acquisitions.
Recovery Analysis
The recovery analysis assumes that Algoma would be organized as a
going concern in a bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim. Fitch has also assumed a
bankruptcy exit going concern EBITDA of CAD200 million. The going
concern EBITDA estimate reflects a midcycle sustainable EBITDA
level upon which the agency bases the enterprise valuation.
A bankruptcy scenario could occur from some combination of a period
of sustained low steel prices and/or weak demand which results in
low capacity utilization over a sustained period of time and drains
FCF.
Fitch generally applies EBITDA multiples that range from 4.0x-6.0x
for metals and mining issuers, given the cyclical nature of
commodity prices. Fitch applied a 5.0x multiple to the going
concern EBITDA estimate to calculate a post-reorganization
enterprise value of CAD900 million after an assumed 10%
administrative claim.
The valuation compares with Algoma Steel Inc.'s purchase of
substantially all the operating assets and select liabilities of
Essar Steel Algoma Inc. for CAD890.7 million.
The allocation of value in the liability waterfall results in a
recovery rating of 'RR1' for the first-lien secured asset-backed
loan credit facility resulting in a 'BB' rating and a recovery
rating of 'RR2' for the second-lien secured notes resulting in a
'BB-' rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 4.0x;
- EBITDA margins sustainably below 8%;
- Sustained negative FCF;
- Deteriorating liquidity position.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Increase in size resulting in reduced operational risk;
- EBITDA leverage sustained below 3.0x;
- Sustainably positive FCF.
Liquidity and Debt Structure
As of March 31, 2025, Algoma had cash and cash equivalents of
CAD226.5 million and CAD360.9 million available under its USD300
million asset-backed loan due May 2028, after accounting for CAD70
million outstanding in letters of credit.
Issuer Profile
Algoma is an integrated blast furnace steel producer of sheet and
plate steel, operating a single facility in Sault Ste. Marie,
Ontario, Canada. It has an annual capacity of approximately 2.8
million tons and is currently constructing two new EAFs.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Algoma Steel Inc. LT IDR B Affirmed B
senior secured LT BB Affirmed RR1 BB
Senior Secured
2nd Lien LT BB- Affirmed RR2 BB-
Algoma Steel
Group Inc. LT IDR B Affirmed B
ALL AMERICAN: Erik Johanson Files Rule 2019 Statement
-----------------------------------------------------
The law firm of Erik Johanson PLLC ("EJ PLLC") filed a verified
statement pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure in the Chapter 11 cases of All American Holdings LLC and
its affiliates.
EJ PLLC represents the following four creditors with respect to the
bankruptcy cases:
Name Nature of Economic Amount
of
Interest Claim
---- -------------------
----------
Christine Sanko Tort claims,
$191,689.00
c/o Florin Roebig, P.A. FDUTPA violations,
777 Alderman Road and related causes of
Palm Harbor, FL 34686 action
Mark Blackson Tort claims,
$25,000,000.00
c/o Florin Roebig, P.A. FDUTPA violations,
777 Alderman Road and related causes of
Palm Harbor, FL 34686 action
Timothy Turner Tort claims,
$25,000,000.00
c/o Florin Roebig, P.A. FDUTPA violations,
777 Alderman Road and related causes of
Palm Harbor, FL 34686 action
Ronald and Mary Venters Tort claims,
$25,000,000.00
c/o Florin Roebig, P.A. FDUTPA violations,
777 Alderman Road and related causes of
Palm Harbor, FL 34686 action
Each of the creditors has engaged EJ PLLC as legal counsel in these
bankruptcy cases. The terms of the representation are memorialized
in a separate written agreement for legal representation. EJ PLLC
has no power to act on behalf of these creditors except as legal
counsel in these bankruptcy cases.
EJ PLLC has no claims in this case.
The law firm can be reached at:
Erik Johanson, Esq.
Joseph R. Boyd, Esq.
ERIK JOHANSON PLLC
3414 W Bay to Bay Blvd
Suite 300
Tampa, FL 33629
Tel: (813) 210-9442
Email: erik@johanson.law
ecf@johanson.law
About All American Holdings LLC
All American Holdings LLC is a limited liability company.
All American Holdings LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02066) on April
1, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtor is represented by Harry E. Riedel, Esq. at STICHTER,
RIEDEL, BLAIN & POSTLER, P.A.
ALLIANCE RESOURCE: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
------------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) of Alliance Resource Partners, L.P. (ARLP), Alliance
Operating Partners, L.P. (AROP) and Alliance Coal, LLC at 'BB'.
Fitch has also affirmed AROP's senior unsecured debt at 'BB' with a
Recovery Rating of 'RR4' and Alliance Coal, LLC's secured RCF and
term loan at 'BB+'/'RR2'. The Rating Outlook is Stable.
ARLP's ratings reflect Fitch's expectation that shipments and
pricing will continue to support capex and modest investments in
non-coal businesses and that the company will manage its EBITDA
leverage to below 1.0x on a sustained basis. Fitch expects cash
flow from operations after capital expenditures to remain
sufficient to allow deleveraging should capital market access be
limited.
Key Rating Drivers
Favorable Operating Profile: Fitch believes ARLP is a well-run,
mid-sized coal company. It is the second largest coal producer in
eastern U.S. The company's earnings benefit from the high heat
quality of its coal, a union free history (no other post-employment
benefit liabilities) and the proximity of operations to customers
and transport hubs.
Coal operations are concentrated in underground mining and in
ARLP's two largest operations, the River View Complex and the
Tunnel Ridge Complex, which accounted for 29% and 19%,
respectively, of 2024 production. Operations benefit from stable
geology, management's strong and lengthy operating record and a
fair amount of flexibility at most mines, including the River View
Complex, given the use of continuous miners.
Operating and Financial Flexibility: Fitch expects ARLP's cash flow
to be more than sufficient to support operations and maintain a
conservative financial profile. The company has been able and
willing to reduce production and dial-back distributions and capex
during weak energy prices, allowing debt repayment. It has also
been able to expand when markets are strong without damaging its
capital structure.
Modest Financial Leverage: Fitch expects EBITDA leverage to be
sustained below 1.0x. EBITDA leverage was 0.7x at March 31, 2025,
and has not been above 1.5x over the past decade. Debt should be
$600 million or below, and Fitch expects annual EBITDA to range
between $580 million and $680 million.
Coal Vulnerable to Climate Initiatives: Fitch believes steam coal
volume is vulnerable to coal power generation capacity closures,
although ARLP's coal would be favored in remaining dispatch for its
high heat and reliability of supply. While Fitch does not expect
volume to be constrained over the medium term, the longer-term risk
of coal power generation capacity closures is factored into the
ratings.
Diversifying into Oil: Fitch views ARLP's increasing exposure to
oil and gas mineral royalties as positive for cash flow. Production
of mineral interests aggregated 3.4 million barrels of oil
equivalent in 2024. The company has no capital commitments
associated with these interests. Segment adjusted EBITDA from oil
and gas royalties was $117 million, or about 30% of total segment
adjusted EBITDA less capex in 2024.
Peer Analysis
ARLP is larger and more profitable than Indonesian coal peers PT
Indika Energy Tbk (B+Stable) and PT Golden Energy Mines Tbk
(BB-/Stable). Fitch expects ARLP's EBITDA leverage to be at or
below 1.0x, compared to PT Indika Energy's EBITDA leverage of above
3.0x and PT Golden Energy's net cash position.
Key Assumptions
- Shipments at about 32 million tons per year on average;
- EBITDA margins average about 32%;
- Average annual capex at about $370 million, weighted towards
2025;
- Average distribution coverage ratio at 1.3x;
- No sustained borrowing expected under the Alliance Coal, LLC
RCF.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA net leverage sustained above 1.5x;
- Material deterioration in liquidity evidenced by weakened
external funding access, liquidity is less than $200 million and/or
failure to refinance upcoming maturities in a timely manner.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/upgrade
- An upgrade is unlikely in the near-term as the company's
concentration and scale are commensurate with the rating.
Liquidity and Debt Structure
Cash on hand was $81.3 million at March 31, 2025. Fitch expects
ARLP to generate scant FCF on average and for the $75 million
securitization facility (to mature in January 2026) and the
Alliance Coal, LLC $425 million secured RCF (to mature March 9,
2028) to be used for near-term needs and letters of credit.
At March 31, 2025, availability under the revolver and A/R
securitization was $433 million (LOC $67 million).
The Alliance Coal, LLC credit facility financial covenants include
a consolidated debt to consolidated cash flow (substantially
debt/EBITDA) maximum of 2.5x, a minimum interest coverage ratio of
3.0x and a CoalCo debt (excludes the AROP notes and any
refinancing) to consolidated cash flow maximum of 1.5x. Fitch
expects the company will comply with these covenants.
The A/R securitization facility has been annually renewed.
Issuer Profile
ARLP is a major steam coal producer primarily operating in the
Illinois Basin. In 2024, 80.3% of tonnage was sold to electric
utilities in the U.S., of which, 100% had scrubbers. The company
operates seven operating underground mining complexes. The company
also owns mineral royalty interests in 70,036 net royalty acres in
oil and gas producing regions.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
Alliance Resource Partners, L.P. has an ESG Relevance Score of '4'
for GHG Emissions & Air Quality due to its exposure to emissions
regulatory risk, which has a negative impact on the credit profile,
and is relevant to the rating[s] in conjunction with other
factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Alliance Resource
Operating Partners, L.P. LT IDR BB Affirmed BB
senior unsecured LT BB Affirmed RR4 BB
Alliance Coal, LLC LT IDR BB Affirmed BB
senior secured LT BB+ Affirmed RR2 BB+
Alliance Resource
Partners, L.P. LT IDR BB Affirmed BB
AMERI-DENT DENTAL: Kathleen DiSanto Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Kathleen DiSanto, Esq., at
Bush Ross, P.A., as Subchapter V trustee for Ameri-Dent Dental
Laboratory, LLC.
Ms. DiSanto will be paid an hourly fee of $350 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. DiSanto declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Kathleen L. DiSanto, Esq.
Bush Ross, P.A.
P.O. Box 3913
Tampa, FL 33601-3913
Phone: (813) 224-9255
Fax: (813) 223-9620
Email: disanto.trustee@bushross.com
About Ameri-Dent Dental Laboratory
Ameri-Dent Dental Laboratory, LLC is a dental laboratory likely
specializing in the manufacturing of dental prosthetics,
appliances, and customized dental products.
Ameri-Dent Dental Laboratory sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02876) on May 2, 2025. In its petition, the Debtor reported
between $10,000 and $50,000 in assets and between $100,000 and
$500,000 in liabilities.
Judge Catherine Peek McEwen handles the case.
The Debtor is represented by James W. Elliott, Esq., at McIntyre
Thanasides Bringgold, Elliott.
AMERICAN TRAILER: Saratoga CLO Marks $1.3 Million Loan at 16% Off
-----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,357,439 loan extended to American Trailer World Corp.
to market at $1,140,588 or 84% of the outstanding amount, according
to Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to American Trailer
World Corp. The loan accrues interest at a rate of 1M USD SOFR+
3.75% per annum. The loan matures on March 3, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About American Trailer World Corp.
American Trailer World Corp., based in Addison, Texas, is a
manufacturer of professional grade and consumer grade utility
trailers and spare parts in North America. Revenue was
approximately $1.2 billion for the twelve months ended September
30, 2024. The company is majority-owned by funds affiliated with
Bain Capital.
ANALABS INC: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------
The U.S. Trustee for Region 4 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Analabs, Inc.
About Analabs Inc.
Analabs Inc. provides cannabis testing, drug testing and
environmental testing for corporations of all sizes. Its clients
include waste and drinking water plants, coal companies,
engineering firms, public school systems, grocery stores, natural
gas companies, local, state, and federal government agencies.
Analabs sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. W. Va. Case No. 24-50095) on December 3, 2024, with
total assets of $1,882,258 and total liabilities of $3,188,705.
Kelli Harrison, director and vice-president of Analabs, signed the
petition.
Judge B. Mckay Mignault handles the case.
The Debtor is represented by Paul W. Roop, II, Esq., at Roop Law
Office, LC.
ANASTASIA PARENT: Saratoga CLO Marks $935,000 Loan at 18% Off
-------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $937,500 loan extended to Anastasia Parent LLC to market
at $765,084 or 82% of the outstanding amount, according to Saratoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to Anastasia Parent
LLC. The loan accrues interest at a rate of 3M USD SOFR+ 3.75% per
annum. The loan matures on August 11,2025.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Anastasia Parent LLC
Anastasia Parent, LLC is the parent company of Anastasia Beverly
Hills, Inc., a prestige cosmetics brand that focuses on eyebrow
shaping products.
ANCIOM LLC: Linda Leali Named Subchapter V Trustee
--------------------------------------------------
The U.S. Trustee for Region 21 appointed Linda Leali, Esq., as
Subchapter V trustee for Anciom, LLC.
Ms. Leali will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Leali declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Linda M. Leali
Linda M. Leali, P.A.
2525 Ponce De Leon Blvd., Suite 300
Coral Gables, FL 33134
Telephone: (305) 341-0671, ext. 1
Facsimile: (786) 294-6671
Email: leali@lealilaw.com
About Anciom LLC
Anciom, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14970) on May 1,
2025, listing between $50,001 and $100,000 in assets and between
$500,001 and $1 million in liabilities.
Judge Peter D. Russin presides over the case.
Rachamin Cohen, Esq., represents the Debtor as legal counsel.
ANTERO RESOURCES: Moody's Alters Outlook on 'Ba1' CFR to Positive
-----------------------------------------------------------------
Moody's Ratings changed Antero Resources Corporation's rating
outlook to positive from stable and concurrently affirmed the
company's Ba1 Corporate Family Rating, Ba1-PD Probability of
Default Rating and Ba1 senior unsecured notes rating. Antero's
SGL-1 Speculative Grade Liquidity rating was unchanged.
"The positive outlook reflects Moody's expectations that management
will continue to maintain conservative financial policies, generate
significant free cash flow and reduce additional debt in 2025 to
further strengthen Antero's credit profile," said Sajjad Alam,
Moody's Ratings Vice President.
RATINGS RATIONALE
Antero exhibited good resilience during the 2023-24 US gas market
downturn attributable to its reduced debt levels, improved capital
efficiency, and growing NGL production. Despite hedging very little
in 2024, the company successfully maintained production and
generated free cash flow in a year when Henry Hub saw its second
lowest average price in the last 25 years. If gas prices average
above Moody's assumed $3/MMBtu level in 2025, Antero will generate
significantly more free cash flow and achieve its debt reduction
goals sooner.
Moody's expects US gas prices will remain well-supported by solid
domestic and international demand fundamentals. While domestic NGL
prices fell in early-2025 owing to tariff and trade related
uncertainties, Antero's ability to sell half of its NGLs in higher
value export markets and having 90% of NGL volumes sold under firm
sales contracts, should mitigate price risks. These supportive
fundamental conditions for natural gas offset some of the broader
macroeconomic concerns arising from US tariff and trade policy,
which combined with management's stated intention to further reduce
debt support the positive outlook.
Antero's Ba1 CFR reflects its low and declining debt level;
enhanced operating and drilling efficiency that should support
production with lower levels of capital; and consistently
conservative financial policies in recent years, which have
improved the company's capacity to endure industry volatility. The
ratings are supported by Antero's substantial natural gas
production and reserves in the Appalachia region, considerable NGL
production that offers commodity diversification and enhances
profit margins, and its capability to sell gas in higher value
markets through a diversified portfolio of firm-transportation (FT)
contracts. The CFR also considers Antero's significant ownership
and control of Antero Midstream Partners LP (AM, Ba2 positive),
which had a market capitalization of about $8.7 billion as of May
12, 2025.
Antero's key credit risks are its singular geographic concentration
in Appalachia, shale focused operations that necessitate ongoing
investments, exposure to volatile energy prices, and high midstream
costs relative to other Appalachian gas producers because of its
substantial FT costs and processing fees. The credit profile also
considers AM's substantial debt, which Moody's consolidates into
Antero's financial metrics for analysis purposes. Although Antero
owns 29% of AM, the two companies are highly integrated with nearly
all of AM's revenues coming from Antero, and Antero has significant
influence over AM's operational and financial decisions.
Antero's reduced debt levels and improved capital efficiency have
strengthened its ability to manage future carbon transition risks.
Global initiatives to limit adverse impacts of climate change will
constrain the use of hydrocarbons and accelerate the shift to less
environmentally damaging energy sources. Compared to historical
experience, Moody's expects future profitability and cash flow
across the E&P sector to be more volatile. Consequently, Antero's
financial performance will vary through natural gas price cycles.
However, Antero benefits from being a natural gas producer, given
Moody's expectations that natural gas demand will continue to grow
longer than oil, though both commodities will face demand peaks
followed by gradual declines over time.
The SGL-1 rating indicates Antero's very good liquidity through
2026. Management intends to use a substantial portion of the
projected 2025 free cash flow to repay the remaining $300 million
revolver debt reported at the end of the first quarter of 2025. As
of March 31, 2025, Antero had $1.33 billion available under its
$1.65 billion committed revolver, expiring in July 2029. The
company can easily comply with the 65% debt to capitalization
covenant stipulated in the revolving credit agreement. Management
will prioritize further debt reduction before increasing share
repurchases under the $2 billion authorized share repurchase
program, which had $1 billion in remaining buyback capacity as of
March 31, 2025.
Antero's senior unsecured notes are rated Ba1, at the Ba1 CFR
level, to reflect an unsecured capital structure. Antero's senior
notes and revolving credit facility are unsecured, rank pari passu
and do not have guarantees from Antero's operating subsidiaries or
Antero Midstream.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade could be considered if Antero can attain its near term
debt reduction target while maintaining high levels of capital
efficiency at mid-cycle prices. Specifically, Moody's would look
for the RCF/debt ratio to be sustained above 50% on a consolidated
basis (for Antero Midstream), and the leveraged full-cycle ratio
above 2x for a potential upgrade. Antero's ratings could be
downgraded if the RCF/debt ratio declines below 30%, the LFCR drops
below 1.5x, or the company produces negative free cash flow.
Antero Resources Corporation is a leading natural gas and natural
gas liquids producer in the Marcellus and Utica Shales in West
Virginia, Ohio and Pennsylvania.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
ATLAS MIDCO: S&P Downgrades ICR to 'CCC' on Liquidity Headwinds
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Atlanta,
Georgia-based provider of contact center and workforce management
software solutions Atlas Midco Inc. (dba Alvaria) to 'CCC' from
'CCC+'.
S&P said, "We also lowered our issue-level ratings on Atlas Midco
subsidiary Alvaria Holdco's first-lien first-out term loan,
first-lien second-out term loan, first-lien second-out revolving
credit facility, first-lien third-out term loan, and first-lien
fourth-out term loan to 'B-', 'CCC', 'CCC', 'CC', and 'CC',
respectively.
"The negative outlook reflects Atlas Midco's sustained cash flow
deficit, which is expected to persist into 2025 and 2026. It also
reflects our view of the company's elevated risk of a liquidity
crisis in 2026 once full cash service debt payments come into
effect."
Revenue and bookings have begun showing signs of stabilization, but
broader operating performance recovery has lagged initial
estimates. Following its security incident in 2023 and resultant
customer losses arising from the event, Alvaria has continued to
post year-over-year revenue declines, finishing fiscal 2024 with a
15% drop in revenues. While sales activity has come in below S&P's
previous forecasts, and a business recovery has taken longer to
materialize than originally expected, Alvaria's topline has shown
early evidence of stabilization in its most recent print. The
company finished 2024 with its first quarter of sequential revenue
growth since March of 2023, and new product bookings grew for a
second consecutive quarter in the same year as well, supported
predominantly by install base expansion.
S&P said, "Despite sales execution greenshoots, we expect Alvaria's
cash flow deficit to persist this year and next, considerably
reducing its liquidity cushion. While the company's debt
restructuring provides it with covenant and partial payment-in-kind
(PIK) interest relief, revenue losses and still-sizable cash
interest requirements drove a larger free operating cash flow
(FOCF) deficit than previously forecasted in fiscal 2024, near
negative $54 million. This prompted additional revolver draws, and
the company ended fiscal 2024 with $16 million of cash and $22
million of availability under its $75 million revolving credit
facility. We expect sustained operating performance challenges to
drive a subsequent cash flow burn of about $20 million this year,
bringing total liquidity by the end of 2025 to $18 million. With
full cash interest and covenant testing resuming in 2026, we
believe there is a high likelihood that Alvaria will be unable to
make its required debt service payments unless operating
performance improves significantly, or without external support
from its sponsors or additional relief from lenders.
"The negative outlook reflects Atlas Midco's sustained cash flow
deficit, which we expect will likely persist into 2025 and 2026. It
also reflects our view of the company's elevated risk of a
liquidity crisis in 2026 once full cash service debt payments come
into effect.'
S&P could lower its ratings if:
-- Earnings deteriorate further as a result of weaker demand
across key end markets;
-- Free cash flow remains materially negative, and liquidity
declines further;
-- The company misses an interest payment; or
-- It conducts a subsequent debt restructuring transaction, which
S&P would likely view as distressed given its current liquidity
profile and debt trading levels.
S&P could raise its ratings if Alvaria's:
-- Revenues and EBITDA increase more than our expectations on
successful sales execution or a faster-than-anticipated end-market
demand recovery; and
-- Liquidity improves significantly on positive free cash flow
generation such that it can pay down outstanding revolver balances.
AVIS BUDGET: Moody's Rates New Senior Unsecured Notes 'B1'
----------------------------------------------------------
Moody's Ratings assigned a B1 rating to the new backed senior
unsecured notes of Avis Budget Car Rental, LLC (Avis) and Avis
Budget Finance, Inc. All other ratings of Avis are unaffected,
including the Ba3 corporate family rating, the Ba1 backed senior
secured rating and the B1 backed senior unsecured rating on the
existing notes of Avis. The B1 backed senior unsecured rating on
the existing notes of Avis Budget Finance plc are also unaffected.
The outlook remains negative.
The proceeds from the offering will be used for general corporate
purposes, which may include repayment of indebtedness, including
repayment of the $500 million floating rate term loan A maturing in
2025 and a portion of Avis' fleet debt. The Ba1 rating on the term
loan A will be withdrawn if the facility is repaid in full.
RATINGS RATIONALE
The Ba3 corporate family rating reflects the competitive position
that Avis holds in the car rental industry. Avis' revenue is
diversified across on-airport and off-airport operations, leisure
and corporate travel, and by geography. Strategically, Avis is
intently focused on enhancing customer experience, operational
efficiency, fleet discipline and the use of technology to advance
its service offerings and operations.
Despite its oligopolistic nature, the car rental market is highly
competitive and poses several challenges. These challenges include
the cyclical nature of the industry, imbalances between industry
fleet levels and customer demand, a heavy reliance on capital
markets to fund annual fleet purchases and the need to adapt to an
evolving transportation landscape.
Unfavorable conditions in the car rental market continue weighing
on earnings due to lower revenue per day, higher depreciation on
more costly vehicles and higher interest expense. Furthermore,
prospects for continuing robust travel demand are uncertain amid
weakening consumer confidence and a likely slowdown in US economic
growth.
Avis is accelerating its fleet rotation which caused an asset
impairment and other charges of $2.5 billion in the fourth quarter
of 2024, primarily to reduce the carrying value of the rental
fleet. Moody's estimates that reduced depreciation and lower prices
for new vehicles will restore Avis' pre-tax income margin to
approximately 2.5% in 2025, recovering from a pre-tax loss in 2024.
Debt/EBITDA will remain high at about 4.5 times by year-end 2025.
The negative outlook reflects Moody's expectations that the
recovery of Avis' margin and the deleveraging of its balance sheet
will be protracted. The acceleration of the fleet rotation will
lower depreciation expense but the full effect will not be realized
until late 2025. Interest expense will remain high, funds available
for debt reduction are likely limited and rental rates have yet to
stabilize. Weakening travel demand could slow down the improvement
in Avis' earnings.
Moody's anticipates that liquidity will remain adequate, supported
by a cash balance of at least $500 million and approximately $560
million of available borrowing capacity under the revolving credit
facility as of March 31, 2025. The available capacity under the $2
billion revolving credit facility is limited by a large amount of
letters of credit that provide support to the company's vehicle
financing programs. Further, the ability for Avis to issue
additional subordinated debt out of its vehicle financing programs
narrowed following the issuance of new Class D asset-backed notes
in January and December.
Avis' ability to dispose used vehicles expeditiously remains
critical when demand wanes to raise proceeds that can be deployed
for repayment of the company's vehicle debt and other obligations.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings could be upgraded with evidence that Avis manages its
assets efficiently while industry fleet capacity and capital
allocation remain disciplined. Metrics that would reflect such
performance include pre-tax income as a percent of sales of at
least 10%, EBITA/average assets of around 10% and debt/EBITDA below
3.25 times. Good liquidity is also a requirement for an upgrade,
including prudent management of collateral in the company's vehicle
funding programs.
The ratings could be downgraded if Avis is unable to manage fleet
utilization consistently at approximately 70%, if revenue per
vehicle per day drops considerably, if Avis' ability to dispose
vehicles becomes constrained or if there is a steep drop in used
vehicle prices that would require Avis to increase collateral under
its vehicle financing programs. Metrics that would contribute to a
rating downgrade include pre-tax income as a percent of sales of
less than 7.5%, EBITA/average assets of less than 7% or debt/EBITDA
sustained above 4 times.
The principal methodology used in this rating was Equipment and
Transportation Rental published in December 2024.
Avis Budget Car Rental, LLC is one of the world's leading car
rental companies, operating under the Avis, Budget, and Zipcar
brands in more than 10,000 rental locations worldwide. Revenue in
2024 was $11.8 billion.
BECKER INC: Court Extends Cash Collateral Access to June 17
-----------------------------------------------------------
Becker, Inc. received approval from the U.S. Bankruptcy Court for
the Western District of Kentucky, Louisville Division, to use cash
collateral through June 17 in accordance with its agreement with
PNC Bank, NA.
The court authorized the company to use cash collateral to fund
operating expenses and "adequate protection" payments in accordance
with its budget.
As protection, PNC Bank and other creditors that may assert
interests in the cash collateral will be granted replacement liens
on all of the post-petition property of the company that is similar
to their pre-bankruptcy collateral.
In addition, PNC Bank will receive a monthly payment of $4,395.42
as further protection.
About Becker Inc.
Becker, Inc. has two convenient superstore locations specializing
in University of Louisville & University of Kentucky apparel,
gifts, and accessories.
Becker sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Ky. Case No. 24-31386) on May 29, 2024, with up
to $10 million in both assets and liabilities. Becker President
John I. Becker signed the petition.
Judge Charles R. Merrill oversees the case.
The Debtor is represented by Charity S. Bird, Esq., at Kaplan
Johnson Abate & Bird, LLP.
PNC Bank, NA, as secured creditor, is represented by:
Keith J. Larson, Esq.
Morgan Pottinger McGarvey
401 South Fourth Street, Suite 1200
Louisville, KY 40202
Telephone: (502) 560-6785
kjl@mpmfirm.com
BENGAL DEBT: Saratoga CLO Marks $1.9 Million Loan at 40% Off
------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,950,000 loan extended to Bengal Debt Merger Sub LLC
to market at $1,175,753 or 60% of the outstanding amount, according
to Sartoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to Bengal Debt Merger
Sub LLC. The loan accrues interest at a rate of 3M USD SOFR+ 3.00%
per annum. The loan matures on January 24, 2029.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Bengal Debt Merger Sub LLC
Bengal Debt Merger Sub LLC is engaged in the supply and
distribution of beverage, food and tobacco in the U.S.
BLUEBIRD BIO: Warns of Possible Bankruptcy as Buyout Faces Delay
----------------------------------------------------------------
Angus Liu of Fierce Pharma reports that Bluebird bio warns of
Bankruptcy as shareholders stall and buyout deadline pushed again.
Bluebird bio is once again urging shareholders to tender their
shares as delays threaten the company's proposed sale to Carlyle
and SK Capital. Due to insufficient shareholder participation, the
buyers have extended their tender offer deadline to the end of May
28 (U.S. EDT), according to a securities filing Tuesday. The offer
expired on May 12, 2025.
While Carlyle and SK are legally able to extend the deadline as
long as disclosure rules are met, Bluebird may not have the
financial runway to wait much longer.
On Friday, May 9, 2025, Bluebird issued a stark warning: without
the acquisition, the company could face bankruptcy or liquidation.
It noted that failure to close the deal would place it at
significant risk of defaulting on existing loan agreements with
Hercules Capital—an event that could lead to a shutdown. In such
a scenario, shareholders are “extremely unlikely” to recover
any of their investments, the report states.
As of Monday, only about 2.5 million shares—roughly 25.6% of
Bluebird's nearly 9.8 million outstanding shares—had been
tendered. This falls well short of the 50% plus one share required
to move forward with the acquisition. Originally announced on
February 21, the deal offers $3 per share upfront, with the
potential for an additional $6.84 per share through contingent
value rights (CVRs) if sales of Bluebird’s three gene
therapies—Zynteglo, Lyfgenia, and Skysona—reach $600 million
within any 12-month period by the end of 2027. But with just $83.8
million in total revenue in 2024, achieving that milestone appears
unlikely. Without the CVRs, the deal is valued at approximately $29
million, according to Fierce Pharma.
Under the terms of its financing deal with Hercules Capital,
Bluebird must close the acquisition by June 20 to avoid default.
That deadline, originally April 25, 2025 may be extended twice
under certain conditions. Some investors may be holding out for a
better offer. In March, rival bidder Ayrmid floated a preliminary
proposal at $4.50 per share. However, after three weeks of talks,
Ayrmid failed to provide a binding bid or secure financing. In
response, Bluebird's board unanimously reaffirmed its support for
the Carlyle-SK deal in April, the report cite.
According to its latest annual report, Bluebird expects its
available cash—bolstered by cost-cutting efforts and a loan from
Hercules—to last into the second quarter, which ends in June
2025, according to report.
About bluebird bio, Inc.
Headquartered in Somerville, Massachusetts, Founded in 2010,
bluebird -- www.bluebirdbio.com -- is a leader in gene therapy,
focused on developing treatments for severe genetic diseases,
including sickle cell disease, B-thalassemia, and cerebral
adrenoleukodystrophy. The Company has pioneered the transition of
gene therapies from clinical studies to FDA-approved treatments,
and it is scaling its commercial model to provide access to these
therapies for patients, providers, and payers. With a deep
commitment to patient communities and a strong focus on safety,
bluebird bio continues to advance the field of gene therapy through
innovative research and real-world application.
BREWER MACHINE: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Brewer Machine & Parts, LLC
504 Front Street
Central City, KY 42330
Business Description: Brewer Machine & Parts, LLC manufactures
woodworking and material handling equipment
used in industries such as sawmills, pallet
production, and cooperage. Based in Central
City, Kentucky, the Company serves domestic
and international markets including the
U.S., Australia, Uruguay, and Saudi Arabia.
Established in 1967, it offers both new and
refurbished machinery.
Chapter 11 Petition Date: May 15, 2025
Court: United States Bankruptcy Court
Western District of Kentucky
Case No.: 25-40336
Debtor's Counsel: Robert C. Chaudoin, Esq.
HARLIN PARKER
519 E. 10th Street
P.O. Box 390
Bowling Green, KY 42102-0390
Tel: 270-842-5611
E-mail: chaudoin@harlinparker.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Paul M. Kirtley as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/A7O54TA/Brewer_Machine__Parts_LLC__kywbke-25-40336__0001.0.pdf?mcid=tGE4TAMA
BRIGHTVIEW LANDSCAPES: S&P Affirms 'B' ICR, Outlook Stable
----------------------------------------------------------
S&P Global Ratings affirmed all its ratings on BrightView
Landscapes LLC, including its 'B' issuer credit rating.
The stable outlook reflects its expectation that EBITDA margins
will improve to the mid-11% area as the company gains from business
initiatives.
BrightView has sufficient cash flow generation and liquidity to
support its capital allocation initiatives. S&P said, "The company
recently announced its intention to allocate $100 million to share
repurchases, which we expect it to prudently manage within our
ratings expectation. We do not expect leverage to go above our
downside threshold of 6x. The company also repriced its $738
million term loan in January which resulted in a price decrease of
50 basis points. We view this repricing as a credit positive as it
resulted in a modest decrease in the company's interest expense and
improved its liquidity position. We anticipate the company will
generate about $45 million of free operating cash flow (FOCF) in
2025 and between $70 million to $75 million the next year."
Positive cash flows, along with a cash balance of $141 million as
of March 31, 2025, and full availability of its $300 million
revolver supports its capital allocation initiatives without the
need to raise new debt.
High leverage and majority sponsor ownership constrains the rating.
S&P said, "We expect leverage to remain above 5x in 2025 largely
due to the preferred equity we treat as debt that offsets our
forecasted profit growth. We do not expect meaningful debt
reduction in the next year as we believe the company would use
excess cash for business initiatives and shareholder returns. The
company is majority owned by KKR Group Ltd and One Rock, which
makes it likely that BrightView would return cash to
shareholders."
S&P said, "We forecast modest revenue growth from continuing
operations in 2025, partly offset by lower snowfall revenue.
Brightview divested its non-core U.S. lawns business and unwound
its BES business, which resulted in about a $60 million revenue
decline for first half 2025. We forecast these actions will mute
reported revenue in the next year but expect pro forma revenue
grows in the low-single-digit percent area in its maintenance
segment. We believe revenue growth will continue in 2026 as the
company benefits from a heightened focus on client initiatives that
we think will lead to revenue increases. However, volatility in
snowfall revenue remains a risk (about 8% of the company's revenue
in 2024)."
Brightview's profitability trends remain stable. S&P forecasts S&P
Global Ratings-adjusted EBITDA margins will improve to the mid-11%
area as the company benefits from its "One BrightView" initiatives.
The company is streamlining operations, modernizing its fleet to
increase efficiency, and investing in its employees to reduce
turnover. These efforts are expected to improve customer retention,
and in turn result in sustainable profitable growth that will
increase its market share.
The stable outlook reflects S&P's expectation that performance will
modestly improve as the company streamlines operations and invests
in business growth.
S&P could lower its rating on BrightView over the next 12 months if
leverage exceeds 6x and FOCF to debt falls to the low-single-digit
area on a sustained basis. This would occur if:
-- The company is unable to pass on labor and materials cost
increases, causing margins to contract;
-- BrightView's controlling owners prompt the company to undertake
material debt-funded acquisitions, shareholder distributions, or
share buybacks; or
-- High working capital outflows and elevated capital expenditures
(capex) hurt cash flow generation.
S&P could consider an upgrade if it believes leverage will improve
to and remain below 5x and FOCF to debt improves to the
high-single-digit area. This could occur due to
higher-than-anticipated demand in landscaping services and benefit
from acquisitions. The company would also need to maintain a
cushion in its credit metrics for weather- and business-related
volatility.
BTG TEXTILES: Gets Court OK to Use TAB Bank's Cash Collateral
-------------------------------------------------------------
BTG Textiles, Inc. got the green light from the U.S. Bankruptcy
Court for the Central District of California to use cash collateral
in accordance with its agreement with TAB Bank.
The order penned by Judge Vincent Zurzolo authorized the company's
interim use of cash collateral until Aug. 31 in accordance with its
budget.
As protection, TAB Bank will receive a monthly payment of
$112,766.68, starting on June 1 in accordance with the agreement.
About BTG Textiles Inc.
BTG Textiles Inc. is a Montebello, California-based textile
manufacturer and distributor. Founded in 1988, the company
manufactures and distributes textile products to healthcare
facilities, institutional laundries, janitorial services, and
hospitality businesses. BTG operates manufacturing facilities in
Bangladesh, Portugal, and Pakistan, maintaining its principal place
of business at 710 Union Street in Montebello.
BTG Textiles Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10548) on January 25,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Judge Vincent P. Zurzolo handles the case.
The Debtor is represented by Michael Jay Berger, Esq., at Law
Offices of Michael Jay Berger, in Beverly Hills, California.
TAB Bank, as secured creditor, is represented by Michele S.
Assayag, Esq. and Byron B. Mauss, Esq. at Snell & Wilmer L.L.P.
BURFORD CAPITAL: Moody's Ups CFR to Ba1 & Alters Outlook to Stable
------------------------------------------------------------------
Moody's Ratings has upgraded to Ba1 from Ba2 Burford Capital
Limited's (Burford) corporate family rating and the backed
long-term senior unsecured ratings of subsidiaries Burford Capital
Finance LLC, Burford Capital PLC and Burford Capital Global Finance
LLC. The outlook for Burford and its subsidiaries was also changed
to stable from positive.
RATINGS RATIONALE
The ratings upgrades are based on Burford's cumulative record of
earnings growth and strong profitability, well managed liquidity
position and strong capital position considering the wide-ranging
returns and equity-like risk characteristics of the company's legal
finance investments. Burford has a leading competitive position in
legal finance, mainly from providing capital to corporations and
law firms to fund commercial litigation costs. Burford also earns
income from its management of funds and from other services.
Burford's credit challenges include the unique risk and return
profile of its capital provision assets, including their
illiquidity and uncertain valuations; and the irregular timing of
its capital deployments and realizations, resulting in higher
earnings and cash flow volatility than most specialty finance
companies.
Burford reported strong consolidated revenues and net earnings in
the first quarter of 2025 of $118.9 million and $36.9 million,
respectively, compared to $44 million and ($17.5) million in the
first quarter of 2024, illustrating the high performance
variability that is typical of the company's business. The
company's consolidated capital provision assets totaled $5.3
billion as of March 31, 2025, up slightly from $5.2 billion as of
31 December 2024. Excluding consolidated assets managed for third
parties, Burford-only capital provision assets totaled $3.6 billion
at March 31, 2025 and earnings totaled $30.9 million, resulting in
a strong ratio of annualized net income to average total assets of
2.7%. Considering Burford's overall performance record, Moody's
expects that the company will continue to add to its strong
cumulative investment returns over time, though periodic
performance will reflect the uncertain timing and magnitude of its
realizations and cash flows.
Burford's capital provision assets produce wide-ranging outcomes,
from total loss to returns on invested capital in excess of 500%,
though returns this lofty are infrequent. Since its inception in
2009, Burford has accumulated $3.5 billion of realizations
(Burford-only) from its deployed capital, representing a strong 83%
aggregate return on invested capital and 26% aggregate annualized
internal rate of return. Capital provision assets have a weighted
average life of 2.6 years, but the actual life of individual assets
varies widely across the portfolio and can be difficult to predict,
given the multiple possible realization paths and timelines,
including for settlement and adjudication. Burford has a material
concentration in one investment known as the YPF-related assets,
which are two claims relating to the Republic of Argentina's
nationalization of YPF S.A., the Argentine energy company. The
Burford-only YPF-related assets totaled $1.5 billion at March 31,
2025, representing 42% of total Burford-only capital provision
assets and 63% of Burford-only equity, a significant concentration.
However, Burford has already received a return of more than double
its $106 million deployed costs on these assets as of March 31,
2025 through a sale of interests to third-parties; realization of
the YPF-related investments is pending resolution of court
appeals.
Burford manages its liquidity effectively by maintaining strong
cash balances, moderate leverage, and by avoiding large debt
maturity concentrations. These liquidity characteristics help to
offset the volatility of returns and uncertain return timelines of
its capital provision assets. Burford-only cash and marketable
securities totaled $548 million at March 31, 2025 and receivables
(due from settlements) were $103 million, resulting in a strong
liquidity position considering debt maturities of $123 million over
the next 12 months (August 2025). Burford-only undrawn legal
finance commitments are significant in relation to the company's
liquidity sources, totaling $1.5 billion at March 31, 2025, $794
million of which are definitive. However, commitments are funded
over a number of years and in the meantime the company is expected
to generate cash flow from asset realizations that will mostly fund
deployments. In Moody's views, the absence of an unsecured
revolving credit facility to both diversify and bolster the
company's liquidity is a credit challenge, particularly given the
company's growth and less-predictable cash flows.
Considering the risk characteristics of its litigation finance
investments and its performance history, Burford maintains a strong
capital position. The Burford-only ratio of tangible common equity
to tangible managed assets was a healthy 51% at March 31, 2025,
which is higher than the majority of finance companies. Notably,
54% of the Burford-only capital provision assets as of March 31,
2025 represent unrealized gains, reflecting Burford's own
assessment of realizable asset values using proprietary models and
historical experience; excluding unrealized gains associated with
the YPF-related assets, unrealized gains on the remaining portfolio
is about 25%. After considering sensitivity analysis regarding
potential outcomes, Moody's believes that Burford's capital
position provides material cushion for the variability in the
performance and carrying values of its assets. Furthermore, Burford
is able to allocate investments to its managed funds to help manage
its capital and liquidity.
Burford's outlook is stable based on Moody's expectations for
continued strong performance, moderate leverage and effective
liquidity management.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade Burford's ratings if the company: 1)
demonstrates strong management of inherently volatile investment
income, including by maintaining a diverse investment portfolio and
low investment concentrations; 2) further diversifies funding and
liquidity resources while maintaining low leverage, including
obtaining an unsecured revolving credit facility; and 3)
accumulates a further record of strong earnings and cash flow
performance.
Moody's could downgrade Burford's ratings if the company: 1)
increases risks to earnings and cash flow by increasing investment
concentrations or investments in legal matters that pose higher
risk of loss; 2) realizes materially weaker returns compared to
historical performance; 3) reduces liquidity coverage; or 4)
materially increases leverage.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was Finance
Companies published in July 2024.
CABLE ONE: S&P Downgrades ICR to 'BB-', Outlook Negative
--------------------------------------------------------
S&P Global Ratings lowered all ratings on U.S. cable operator Cable
One Inc. by one notch, including the issuer credit rating to 'BB-'
from 'BB'.
The negative outlook reflects the potential that S&P will further
tighten its thresholds for the company if its earnings trajectory
remains significantly negative.
Cable One Inc. faces heightened competition from fiber-to-the home
(FTTH) and fixed wireless access (FWA) providers, which has
pressured its earnings and kept leverage elevated above its
downgrade trigger.
The downgrade reflects that Cable One's leverage will remain
elevated at about 4x through 2026 despite the suspension of its
dividend. S&P revised its forecast to account for the company's
lower residential broadband earnings, given the 8.5% year-over-year
decline in its EBITDA in the first quarter of 2025, which caused
its last-quarter annualized debt to EBITDA to remain at 4.3x.
Heightened fixed wireless and fiber-based services competition is
negatively affecting the cable industry, which -- in Cable One's
case -- is being compounded by its high average revenue per unit
(ARPU) and lack of mobile services to bundle with its broadband
offering.
The company had emphasized profitability over market share for many
years, which has contributed to residential broadband ARPU that is
one of the industry's highest. While the company has shifted its
strategy from emphasizing profitability over market share, S&P
believes it could be challenging for Cable One to stabilize its
ARPU, which declined by about 3% year over year in the first
quarter of 2025. In addition, the company lost about 10,000
residential high-speed data (HSD) subscribers during the quarter.
Notwithstanding that some of these losses were related to one-time
events (billing migration activities and weather-related events),
S&P believes elevated FWA competition has limited Cable One's
ability to take share from DSL because some customers are opting
for cheaper FWA service instead of cable.
S&P said, "We now expect the company's earnings will decline by
about 5% in 2025, which we revised down from our previous estimate
for 1% growth, due to the weakness in its residential revenue
driven by 2%-3% declines in broadband and 14%-16% declines in video
and voice amid ongoing secular declines. In 2026, we believe Cable
One's organic earnings will decrease on a 2%-3% drop in its
broadband revenue as its customer additions remain pressured by
elevated FWA competition."
Cable One's high broadband ARPU will likely limit the expansion of
its residential broadband revenue over the near term. While the
company's residential broadband ARPU has declined to $78.84, from a
high of $85.69 in 2023, it remains elevated relative to that of its
cable incumbent peer Charter Communications (ARPU of about $69) and
FTTH competitor AT&T (ARPU of about $72), which will make it
difficult for it to improve its ARPU over the near term. S&P said,
"In addition, we believe the company's FWA competitors now offer
their services in all of its markets at lower prices, typically
about $50 per month or $35 if bundled with mobile service. Cable
One has responded by introducing new low-priced options, such as
Flex Connect for $45 per month for 300 Mbps, to increase its
customer additions. However, this could potentially offset the ARPU
gains from the company's ancillary services, such as SecurePlus (a
suite of security-focused products). Furthermore, we believe Cable
One's new low-priced offering entails some risk of repricing its
existing base, which would lead to further declines in its ARPU and
broadband revenue."
Cable One's limited product diversity makes it more susceptible to
competitive pressures. The company does not offer mobile wireless,
which leaves it little room to differentiate itself from its FTTH
and FWA competitors. Therefore, we believe Cable One's ability to
increase its earnings will be limited over the longer term. S&P
believes FTTH competitors, such as AT&T, will take market share
because they also offer very fast data speeds, which could increase
the company's churn. Furthermore, Cable One is not as well
positioned as its larger peers Comcast Corp. and Charter
Communications Inc. to effectively defend against FTTH competition,
given its scale disadvantage and limited financial flexibility to
profitably bundle mobile service (via a mobile virtual network
operator [MVNO] agreement) with its in-home broadband product.
S&P said, "We believe Cable One can reduce its leverage in 2025. We
believe the company will generate free operating cash flow (FOCF)
of about $250 million this year, which will likely enable it to
deleverage by about 0.1x-0.2x in 2025. Combined with Cable One's
previously announced monetization of select investments and
suspension of its dividend, we believe that its leverage could
reach about 4x this year. Still, the company is obligated to
acquire the remaining 55% equity stake in Vyve from GTCR that it
does not already own, which will likely cause its leverage to
remain in the low- to mid-4x range through 2026.
"The negative outlook on Cable One reflects the potential that we
could further tighten our thresholds if its earnings trajectory
remains significantly negative."
S&P could lower its rating on Cable One if:
-- Its EBITDA continues to contract by the mid- to high-single
digit percent range, which would likely stem from declining ARPU
and further residential broadband losses; or
-- The company completes a debt-financed acquisition that pushes
its leverage above 4.5x on a sustained basis.
S&P could revise its outlook on Cable One to stable if:
-- It stabilizes its ARPU and broadband subscriber trends such
that it limits its earnings declines to the 1%-3% range; and
-- Demonstrates that it can accommodate the Vyve acquisition and
maintain leverage of below 4.5x on a sustained basis.
CADUCEUS PHYSICIANS: No Patient Care Concern, PCO Report Says
-------------------------------------------------------------
Stanley Otake, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Central District of California his third
report regarding the quality of patient care provided by Caduceus
Physicians Medical Group.
On November 8 and December 16, 2024, PCP performed site inspections
on the Caduceus Practices. All sites were inspected, and all were
compliant with health and safety requirements. Previous concerns
regarding expired medications were addressed and none were found on
inspections of exam and treatment rooms.
The PCO reviewed staff scheduling reports and is satisfied that
staffing meets patient volume and acuity requirements. He was
informed of the relocation of certain services in the Yorba Linda
office and has no concerns regarding impact to patient care by the
changes made.
The PCO observed that all facilities appeared to have ample
supplies and medications. Review and discussions related to
negative social media postings were conducted and the PCO is
satisfied with the feedback regarding patient complaints.
Mr. Otake noted that the sales process identified a potential buyer
that recently dropped its purchase offer. The bankruptcy
proceedings combined with the uncertainty of future potential
employment has made it difficult for Caduceus to recruit and retain
staff. While this situation has yet to impact quality of care, the
PCO is monitoring this situation to ensure that it does not become
more problematic than it is currently.
The PCO finds that the care being provided to the patients of
Caduceus' practice is within the standard of care in the
community.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=nIzvZy from PacerMonitor.com.
The ombudsman may be reached at:
Stanley Otake
225 N. Deerwood Street
Orange, CA 92869
562-225-1934
Email: ucla1000@aol.com
About Caduceus Physicians Medical Group
Caduceus Physicians Medical Group, a Professional Medical
Corporation, d/b/a Caduceus Medical Group, is a physician owned and
managed multi-specialty medical group with locations in Yorba
Linda, Anaheim, Orange, Irvine, and Laguna Beach. It specializes in
primary care, pediatrics, and urgent care.
Caduceus Physicians Medical Group and Caduceus Medical Services,
LLC, filed Chapter 11 petitions (Bankr. C.D. Cal. Lead Case No.
24-11946) on August 1, 2024. The petitions were signed by CRO
Howard Grobstein.
At the time of the filing, Caduceus Physicians reported $1 million
to $10 million in both assets and liabilities while Caduceus
Medical reported up to $50,000 in both assets and liabilities.
Judge Theodor Albert presides over the cases.
David A. Wood, Esq., at Marshack Hays Wood, LLP, is the Debtors'
legal counsel.
Stanley Otake is the patient care ombudsman appointed in the
Debtor's Chapter 11 case.
CALUMET INC: S&P Affirms 'CCC+' ICR on Near-Term Refinancing Risks
------------------------------------------------------------------
S&P Global Ratings affirmed all its ratings on Calumet Inc
including its 'CCC+' issuer credit rating (ICR), 'B' issue-level
rating on its senior secured debt, and 'CCC+' issue-level rating on
its unsecured debt. S&P's recovery ratings of '1' and '3' on the
senior secured debt and unsecured debt, respectively, are
unchanged.
The negative outlook reflects near-term refinancing risks,
particularly on its April 2026 notes, and the lack of certainty of
a sustained renewable fuels market recovery to support performance
improvements at Montana Renewables (MRL).
The company's April 2026 notes remain current and result in
elevated refinancing risk. The company has recently put out
redemption notices for $150 million of its outstanding $354 million
unsecured notes due April 2026, but the remaining balance of about
$204 million remains current. S&P believes there is a high
likelihood the company will need to refinance at least some portion
of the remaining balance over the coming quarters as internal
liquidity could be stretched. Based on management's latest public
statements, the company plans on using internal cash flows,
proceeds from a planned monetization of MRL, among other levers, to
achieve a meaningful reduction in debt in the medium term. S&P
said, "We believe that such avenues could continue to take time to
transpire especially due to uncertainties in the renewable fuels
market, which would further raise refinancing risks in the near
term for the April 2026 notes, January 2027 notes, and its ABL
facility that matures in January 2027. Such refinancing risks could
be exacerbated if operating performance is weaker than we expect
for 2025 as a result of delayed market recovery or if Calumet is
ultimately required to meet its renewable identification numbers
(RINs) obligations (which we do not assume Calumet will have to
meet in our base case)."
Persistent weakness in the renewable fuels industry depressed
consolidated earnings in 2024, with some expected improvements in
2025 subject to uncertainties in the regulatory environment. S&P
said, "Calumet's credit metrics in 2024 deteriorated more than our
expectations largely driven by slower economic activity, continued
normalization of fuel cracks, and a drastically weaker RIN pricing
environment. This was offset by operational cost improvements at
the company such that at MRL, operating costs including selling,
general, and administrative expenses have reduced to about
$0.7/gallon by year end from about $1.3/gallon earlier in the year.
An improvement in D4 RIN prices thus far in 2025, coupled with
earlier cost improvements, has helped Calumet's margins in the
first quarter of 2025 but we still forecast weaker EBITDA in 2025
and 2026 compared to our previous assumptions. On the other hand,
Calumet's specialties portfolio has performed better with strength
in volumes and relatively stable, albeit moderating from past
peaks, margins per barrel. We expect a year-over-year improvement
in Calumet's EBITDA in 2025 largely attributable to the MRL
business with better pricing from earlier troughs, an improved cost
structure and steady throughput levels. At the same time, we note
uncertainties in the renewable fuels margin environment with
certain matters outside of the company's control such as RIN
pricing affected by RVO obligations set by the Environmental
Protection Agency (EPA) and outlook for renewable tax credits. We
project the company's weighted-average S&P Global Ratings-adjusted
debt to EBITDA ratio to trend between 9x-10x and weighted-average
funds from operations (FFO) to debt to be between 2%-4%."
The Department of Energy (DOE) loan and reduced capital expenditure
(capex) estimates positively affect Calumet's free cash flow. MRL
recently entered into a loan guarantee agreement (LGA) for a $1.44
billion guaranteed loan facility of 15 years aimed at funding the
expansion of MRL's renewable fuels operations, particularly for
sustainable aviation fuel (SAF). The loan carries interest at the
U.S. treasury 15-year rate plus 0.375%, with servicing of principal
and interest deferred until the expansion project is commissioned,
which could take four years. The first tranche of $782 million was
disbursed in February 2025 and replaced all of MRL's existing, more
expensive third-party debt while the second tranche is in the form
of a delayed-draw construction facility. The company aims to
increase its annual SAF production capabilities from the current 30
million gallons level to 300 million gallons, and roughly half of
the project cost will be funded through the second tranche. Despite
the stated ultimate target, S&P's base case assumes SAF capacities
will reach 150 million gallons by mid-2026 and it will update its
assumptions once S&P has more certainty around the project's
execution and associated spending requirements for the next phase.
S&P said, "Based on management's public statements, we now expect
the first step up in SAF capacities to cost significantly less than
initial expectations. Coupled with much lower debt servicing
requirements following the retirement of MRL's existing third-party
debt, we expect these developments to offset a significant portion
of our weaker EBITDA expectations and still result in positive free
cash flows for Calumet, with FOCF to debt in the low-single-digit
percentage area in 2025."
The company remains subject to potential RINs obligations, which
could lead to a deterioration in credit metrics and liquidity. The
company has been exempted from paying RINs in the past because
certain of its refineries have been granted small refinery
exemptions (SRE) by the EPA under its renewable fuels standard
(RFS) program. S&P said, "While we note the EPA's denial for recent
prior-year exemption applications, our base case assumes the
company will continue to appeal against these decisions and avoid
paying them in the near term via litigations and court stays. We
also note there have been certain court rulings in favor of the
company and against the EPA's denials. However, it is unclear what
the ultimate resolutions will be, and in a scenario where Calumet
has to settle against its RINs compliance requirements, its
liquidity and credit measures could be pressured depending on the
amount of obligations and the payout mechanism. We may revisit our
rating on the company as a result."
As of March 31, 2025, reported obligations amounted to around $363
million. S&P does not currently add these obligations to its
adjusted debt balances, although this could change if the
likelihood of payments by the company increases.
S&P said, "The negative outlook on Calumet reflects risks to our
rating on financial, regulatory environment, and operational
execution fronts. We note the company has unsecured notes due April
2026 that are current. The company recently announced it will
partially redeem the notes, but the path the company takes to
address the remaining maturity is unclear despite significant
interest cost savings with the DOE loan facility. We also note
other near-term maturities in January 2027 for the $325 million
unsecured notes and the ABL facility—both of which the company
would need to address in due course."
While the MRL facility has reached a steady state of throughput and
its operating costs per gallon have improved across 2024, very weak
pricing compressed its margins and resulted in S&P Global
Ratings-adjusted debt-to-EBITDA of about 10.5x. Calumet's margin
profile in the near term will likely remain subject to industry
supply and demand dynamics and the regulatory policy environment
for renewable fuels. With consistent throughput levels and a
sequentially better margin profile in 2025, S&P expects Calumet's
S&P Global Ratings-adjusted debt to EBITDA to approach 8x by the
end of 2025, leading to an overall weighted-average metric of
between 9x-10x.
A key underpinning assumption at the current rating is that in
S&P's base-case scenario, based on past rulings and conversations
with the company, it assumes Calumet will not have to pay against
its RINs obligations in the next 12 months.
S&P could downgrade Calumet in 2025 if:
-- The company is unable to refinance its 2026 notes maturity;
-- The company executes a debt restructuring or debt exchange
transaction which S&P views as distressed;
-- The company faces unexpected operational disruptions, or
end-market demand or margins are weaker-than expected leading to a
deterioration in liquidity, persistent negative free cash flows, or
S&P Global Ratings-adjusted debt to EBITDA approaches the
mid-teens-digit area on a sustained basis; or
-- Due to ongoing litigation, the company is deemed obligated to
meet significant RIN obligations by purchasing RINs, thus
pressuring the company's liquidity position.
S&P said, "We could take a positive rating action on Calumet over
the next 12 months if the company addresses its 2026 notes maturity
and alleviates the looming maturity risk. This could happen if
there is materially stronger free cash flow generation leading up
to the maturity, a successful equity sale or initial public
offering (IPO) at MRL occurs, or the company raises other external
funds. Consistent with our previous assumptions, while the MRL
monetization plan is still in process, we do not consider its
materialization in our base case over the next 12 months.
"In addition to the above, before considering a positive rating
action we would expect the company's S&P Global Ratings-adjusted
debt-to-EBITDA ratio to approach 8x on a weighted average basis and
FOCF to be consistently positive. In such a scenario, we would also
expect the company to address the maturities on the $325 million
notes and the ABL facility—both of which are scheduled to become
current in January 2026—before they become current."
CAREERBUILDER LLC: Saratoga CLO Marks $4 Million Loan at 95% Off
----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $4,089,659 loan extended to CareerBuilder, LLC to market
at $204,483 or 5% of the outstanding amount, according to Sartoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan B3 to CareerBuilder,
LLC. The loan accrues interest at a rate of 1M USD SOFR+ 2.50% per
annum. The loan matures on July 31, 2026.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About CareerBuilder, LLC
Careerbuilder, LLC operates an online job portal. The Company
offers job postings, standard job optimization, employment
recommendation e-mails, branding, talent and compensation
intelligence, and recruitment services.
CAROLINA'S CONTRACTING: Baker Donelson Advises Komatsu & HomeTrust
------------------------------------------------------------------
The law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
filed a verified statement pursuant to Rule 2019 of the Federal
Rules of Bankruptcy Procedure to disclose that in the Chapter 11
case of Carolina's Contracting, LLC, the firm represents:
1. Komatsu Financial Limited Partnership; and
2. HomeTrust Bank
Komatsu is a secured creditor of the Debtor based on certain pre
petition obligations secured by equipment used in the Debtor's
business operations.
HomeTrust is a secured creditor of the Debtor based upon certain
pre-petition obligations secured by equipment used in the Debtor's
business operations.
Komatsu and HomeTrust, and the respective collateral securing the
pre-petition obligations of each, have no relationship to one
another. No conflicts arise out of Baker Donelson's representation
of Komatsu and HomeTrust in this Chapter 11 case.
Komatsu and HomeTrust are aware of Baker Donelson's representation
of multiple parties in the bankruptcy case.
The law firm can be reached at:
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC
Jill C. Walters, Esq.
2235 Gateway Access Point
Suite 220
Raleigh, North Carolina 27607
Telephone: 984.844.7919
E-mail: jwalters@bakerdonelson.com
About Carolina's Contracting
Carolina's Contracting LLC is a licensed general contractor based
in Davidson, North Carolina, specializing in land development and
grading services. Established in 2013, Company offers a range of
services including grading, storm drainage, sanitary sewer,
waterline installation, culverts, and stone base work.
Carolina's Contracting sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. N.C. Case No. 25-50284) on April 28,
2025. In its petition, the Debtor reported total assets of
$31,405,291 and total liabilities of $25,942,522.
Judge Lena M. James oversees the case.
The Debtor is represented by:
Dirk W. Siegmund, Esq.
Ivey, Mcclellan, Siegmund, Brumbaugh & Mcdonough, LLP
Tel: 336-274-4658
dws@iveymcclellan.com
CASTLE US: Moody's Affirms 'Caa2' CFR & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings affirmed Castle US Holding Corporation's (dba
Cision) Corporate Family Rating at Caa2 following a restructuring
debt exchange transaction. Concurrently, Moody's downgraded the
Probability of Default Rating to D-PD from Caa2-PD. The PDR will be
upgraded to Caa2-PD from D-PD in three business days. In addition,
Moody's assigned B1 ratings to the company's newly issued $137
million priority senior secured first-lien first-out revolving bank
credit facility, $233 million priority senior secured first-lien
first-out term loan, EUR26 million priority senior secured
first-lien first-out term loan; Caa2 ratings to the company's new
$1,046 million priority senior secured first-lien second-out term
loan, $260 million priority senior secured first-lien second-out
incremental term loan, EUR432 million priority senior secured
first-lien second-out term loan, and Ca ratings to the new $272
million priority senior unsecured first-lien third-out notes.
Finally, Moody's affirmed the Ca rating on the remaining $1 million
of the company's senior unsecured notes, which did not participate
in the exchange. Moody's will withdraw the ratings for Cision's
recently exchanged senior secured bank credit facilities. The
outlook changed from negative to stable. Cision is a Chicago-based
provider of database tools and software to public relations and
communications professionals.
The rating actions reflect Moody's views that the transaction was a
distressed exchange, which is a default under Moody's definition
given the substantial economic losses incurred by the lenders. The
rating actions also reflect the company's high governance risks, a
key ESG consideration, elevated financial leverage, and Moody's
views that the risk of default remains high in a potentially
unsustainable capital structure. Although the exchange has extended
maturities significantly to 2030, and the company has sufficient
liquidity to cover operational cash flow deficits for the next 12 -
15 months, there is a high likelihood of another default event. The
company continues to experience operational challenges, including
revenue declines, and continues to sustain very high debt financial
leverage, which Moody's expects will result in negative free cash
flow over the next 12-18 months.
RATINGS RATIONALE
Cision's Caa2 CFR is constrained by the company's high debt/EBITDA
at 8.5x as of December 31, 2024 (or roughly 10.0x when accounting
for capitalized software), and a weakening liquidity profile.
Moody's anticipates that financial leverage will remain high,
around 9.0x over the next 12 to 18 months due to softness in
top-line growth. The company's credit quality is further strained
by its vulnerability to financial market cyclicality and intense
competition, given its niche focus on providing software and
related services to public relations and communications
professionals worldwide. Moody's expects no revenue growth in 2025,
driven by lower-than-expected merger, acquisition, and financial
transaction activities within PR Newswire, due to economic
uncertainty, ongoing softness in the Insights and Brandwatch
segments, and a decline in CommsCloud's performance as customers
transition to the new CisionOne platform, somewhat offset by
pricing initiatives and new client wins. A material improvement in
free cash flow and financial leverage remains unlikely, given
Cision's elevated interest expense burden, which will persist,
especially if interest rates do not fall quickly. The company faces
around $200 million in interest expense based on the new capital
structure and low interest coverage, calculated as EBITDA minus
capital expenditures to interest expense, hovering below 1x.
All financial metrics cited reflect Moody's standard adjustments.
The ratings are supported by the company's leading market position
in the public relations software and database niche markets, and
its recurring revenue profile from software-as-a-service
subscriptions that limit revenue volatility. Moody's anticipates
that profitability will remain solid, though slightly lower than
historical levels, with EBITDA margins around 29%. While Moody's
expects modest improvements in profitability driven by cost-saving
measures and price increases, leverage is projected to remain
around 9.0x over the next 12 to 18 months, likely necessitating
some reliance on its revolving credit facility during this period.
By extending its debt maturities to 2030, Cision gains additional
time to implement new strategies aimed at improving its
performance, but the company will need to improve top line growth
substantially to reduce financial leverage and improve cash flow
generation.
Moody's expects that Cision will maintain an adequate liquidity
profile over the next 12 to 15 months. Liquidity is supported by
around $100 million in cash pro forma for the new capital structure
as of December 31, 2024, and $110 million available under its new
$137 million revolving credit facilities expiring in April 2030.
Given the company's substantial floating interest burden of around
$200 million, Moody's anticipates negative cash flow in 2025 and
2026. Moody's believes internal sources of liquidity will be
insufficient to cover basic cash obligations, including annual
amortization of the new debt totaling about $20 million and capital
expenditures. As a result, Moody's expects the company to continue
to burn cash and rely on its revolver. Under the newly executed
credit agreement, Castle is subject to a springing financial
maintenance covenant with a first-lien first-out net leverage ratio
of 6.0x, in effect when revolver utilization exceeds 40%. This
agreement eliminates the previously required minimum liquidity
covenant of $40 million. Moody's expects the company to maintain a
good cushion against the covenant if tested given only first-out
debt is included in the calculation.
The B1 ratings on the company's new $137 million first-out
revolving credit facility and $262 million first-lien first-out
term loan (consisting of a USD$233 term loan and a EUR26 term
loan), both expiring in April 2030, are four notches above Cision's
Caa2 CFR. This reflects their super priority position in the
capital structure, ahead of the new $1.8 billion second-out term
loan (consisting of a US$1,046 term loan, a US$260 incremental term
loan, and a EUR432 term loan) due in May 2030, which is rated Caa2,
consistent with the company's CFR. The new $272 million first-lien
third-out notes due in June 2031 and the remaining $1 million
senior unsecured notes due in February 2028 (the most subordinated
debt instruments due to more senior contractual priorities within
Cision's capital structure) are both rated Ca, two notches below
the CFR.
In addition, the priority facilities are secured by a
first-priority lien on all existing collateral and benefit from
covenant tightening and liability management protections.
The stable outlook reflects Moody's expectations that Cision will
maintain very high financial leverage, with no revenue growth but
solid EBITDA margins around 29% over the next 12 to 18 months.
Moody's also anticipates that cash on the balance sheet and access
to the revolving credit facility will offset the cash flow deficit
during this period.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Cision demonstrates improvements
in operating performance, such as revenue and profit growth, while
enhancing cash flow generation and reducing financial leverage.
The ratings could be downgraded if Cision experiences sustained
operational weakness, increasing free cash flow deficits,
deteriorating liquidity, increased refinancing risk, or if Moody's
perceives the recovery prospects in the event of default could
diminish.
The principal methodology used in these ratings was Software
published in June 2022.
Castle US Holding Corporation (dba Cision), based in Chicago, IL,
provides database tools and software to public relations and
communications professionals, enabling users to identify and
connect with media influencers, manage industry relationships,
create and distribute content, monitor media coverage, perform
advanced analytics, and measure the effectiveness of their
campaigns. The company is controlled by an affiliate of the private
equity sponsor Platinum Equity LLC. For the full year 2024, Castle
generated revenue of $897 million.
CASTLE US: Saratoga CLO Marks $1.9 Million Loan at 38% Off
----------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,929,894 loan extended to Castle US Holding
Corporation to market at $1,192,520 or 62% of the outstanding
amount, according to Saratoga CLO's Form 10-K for the fiscal year
ended February 28, 2025, filed with the U.S. Securities and
Exchange Commission.
Saratoga CLO is a participant in a Term Loan B to Castle US Holding
Corporation. The loan accrues interest at a rate of 3M USD SOFR+
3.75% per annum. The loan matures on January 27, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Castle US Holding Corporation
Castle US Holding Corporation provides database tools and software
to public relations and communications professionals.
CCRR PARENT: Saratoga CLO Marks $962,000 Loan at 60% Off
--------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $962,500 loan extended to CCRR Parent, Inc. to market at
$399,438 or 40% of the outstanding amount, according to Saratoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan B to CCRR Parent, Inc.
The loan accrues interest at a rate of 3M USD SOFR+ 4.25% per
annum. The loan matures on March 6, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About CCRR Parent, Inc.
CCRR, with operating head offices in Ohio, is a temporary
healthcare staffing agency providing nurses on assignments to
hospitals and medical centers, including both traditional and fast
response staffing, across the US. The company also supplies nurses
during strikes and provides interventional cardiologists for rural
and remote hospitals. CCRR is majority owned by Cornell and
Trilantic Capital Partners.
CCRR PARENT: Saratoga CLO Marks $980,000 Loan at 60% Off
--------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $980,000 loan extended to CCRR Parent, Inc. to market at
$395,263 or 40% of the outstanding amount, according to Saratoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to CCRR Parent, Inc.
The loan accrues interest at a rate of 3M USD SOFR+ 4.25% per
annum. The loan matures on March 6, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About CCRR Parent, Inc.
CCRR, with operating head offices in Ohio, is a temporary
healthcare staffing agency providing nurses on assignments to
hospitals and medical centers, including both traditional and fast
response staffing, across the US. The company also supplies nurses
during strikes and provides interventional cardiologists for rural
and remote hospitals. CCRR is majority owned by Cornell and
Trilantic Capital Partners.
CCS-CMGC HOLDINGS: Saratoga CLO Marks $1.1-Mil. Loan at 66% Off
---------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,140,869 loan extended to CCS-CMGC Holdings, Inc. to
market at $386,047 or 34% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to CCS-CMGC Holdings,
Inc. The loan accrues interest at a rate of 3M USD SOFR+ 5.50% per
annum. The loan matures on September 25, 2025.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About CCS-CMGC Holdings, Inc.
CCS-CMGC Holdings, Inc. operates as a holding company. The Company,
through its subsidiaries, provides health care services.
CEC ENTERTAINMENT: Moody's Alters Outlook on 'B3' CFR to Negative
-----------------------------------------------------------------
Moody's Ratings changed CEC Entertainment, LLC's outlook to
negative from stable. Concurrently, Moody's affirmed the company's
B3 corporate family rating, B3-PD probability of default rating,
the B3 rating on the $650 million backed senior secured notes due
May 2026 and the B3 rating previously assigned to the company's
proposed $660 million backed senior secured notes offering.
The change in outlook to negative reflects governance
considerations particularly that CEC's entire capital structure is
due within 12 months including its $650 million senior secured
notes due May 2026 and, with the refinancing still incomplete, the
revolving credit facility expiration springs to February 2026, 91
days prior to maturity of the senior secured notes. As CEC does not
have sufficient cash on hand nor free cash flow to repay the notes
in full, Moody's views its liquidity as weak and it is reliant on
the capital markets to refinance.
RATINGS RATIONALE
CEC's ratings are supported by the company's moderately high
leverage, generally stable demand for children's entertainment
gatherings, its meaningful scale in terms of number of locations
and good brand awareness from its 'Chuck E. Cheese' specialty
venues. The rating is also supported by CEC's strong margins versus
other rated restaurant operators driven by a high mix of
entertainment and gaming offerings. The company completed its store
remodeling program in 2024 and with the reduction in capital
expenditures, Moody's expects positive free cash flow in 2025. The
rating also reflects the company's modest Moody's adjusted
EBIT/interest coverage, as well as some seasonality in earnings and
geographic concentration in a few states. Moody's expects leverage
to be moderate at under 5 times and coverage to be around 1x in the
next 12 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade is unlikely given the negative outlook. However, the
outlook could return to stable should CEC refinance its capital
structure on economic terms with more longer dated maturities. An
upgrade would also require steady operating performance and
financial policy that supports Moody's-adjusted debt/EBITDA
maintained below 5.5x and EBIT/interest maintained above 1.5x. An
upgrade would also require good liquidity including positive free
cash flow.
Ratings could be downgraded if the company is unable to refinance
in the very short term on economic terms. Other factors include a
deterioration in earnings or weakening liquidity, including an
inability to generate positive free cash flow. Quantitatively, a
downgrade could occur should Moody's adjusted EBIT/interest
coverage be sustained below 1.0x.
Headquartered in Irving, Texas, CEC Entertainment, LLC owns,
operates and franchises 563 Chuck E. Cheese and 109 Peter Piper
Pizza locations that provide family-oriented dining and
entertainment in 45 states and 17 foreign countries as of January
2025. The company owns and operates 509 venues and 163 are
franchised. CEC is owned by a group that includes prepetition debt
lenders. Revenue for the twelve-month period ended January 2025 was
$870 million.
The principal methodology used in these ratings was Restaurants
published in August 2021.
CHANDLER SOLUTIONS: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
The U.S. Trustee for Region 4 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Chandler Solutions, LLC.
About Chandler Solutions
Chandler Solutions, LLC filed Chapter 11 petition (Bankr. S.D.
W.Va. Case No. 25-20075) on April 10, 2025, listing between $50,001
and $100,000 in assets and between $500,001 and $1 million in
liabilities.
Judge B. Mckay Mignault oversees the case.
The Debtor is represented by:
Joseph W. Caldwell, Esq.
Caldwell & Riffee, PLLC
3818 MacCorkle Ave. S.E. Suite 101
Charleston, WV 25364-4427
(304) 925-2100
jcaldwell@caldwellandriffee.com
CHAPMAN CBC: Case Summary & 18 Unsecured Creditors
--------------------------------------------------
Debtor: Chapman CBC, LLC
Chapman Crafted
Chapman Crafted Beer
Chapman Crafted Beer Company
123 N Cypress St
Orange CA 92866
Business Description: Chapman CBC, LLC operates Chapman Crafted
Beer, a brewery based in Old Towne Orange,
California. The Company produces craft beer
with a focus on flavor and freshness, using
high-quality ingredients and traditional
brewing methods. It emphasizes community
engagement and aims to provide a distinctive
local drinking experience.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11286
Judge: Hon. Mark D Houle
Debtor's Counsel: Gregory K. Jones, Esq.
STRADLING YOCCA CARLSON & RAUTH LLP
10100 N. Santa Monica Blvd., Suite 1450
Los Angeles CA 90067
Tel: (424) 214-7000
E-mail: gjones@stradlinglaw.com
Total Assets as of March 31, 2025: $792,051
Total Liabilities as of March 31, 2025: $2,690,047
The petition was signed by Wil Dee as president.
A copy of the Debtor's list of 18 unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/GUXYCHQ/Chapman_CBC_LLC__cacbke-25-11286__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QSA3UXY/Chapman_CBC_LLC__cacbke-25-11286__0001.0.pdf?mcid=tGE4TAMA
CHARTER COMMUNICATIONS: S&P Affirms 'BB+' ICR, Outlook Stable
-------------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' issuer credit rating (ICR) on
U.S.-based cable operator Charter Communications Inc., because S&P
expects its S&P Global Ratings-adjusted debt to EBITDA will remain
at, or slightly above, its 4x upgrade trigger for at least the next
two years.
S&P said, "The stable outlook reflects the company's increased
cushion at the current rating, although we view its ratings upside
as limited by leverage remaining around 4x inclusive of our
adjustments, forecasted free operating cash flow (FOCF) to debt
remaining below 10% over the next two years, and our view that
shifting industry conditions as creates some uncertainty around its
long-term earnings growth trajectory."
Charter Communications announced it will acquire Cox Communications
Inc. (CCI) for an enterprise value of $34.5 billion, which will
cause its pro forma S&P-adjusted debt to EBITDA to remain about
4x.
Charter will fund the acquisition in a leverage-neutral manner. The
$34.5 billion purchase price (representing a 6.4x EBITDA multiple)
includes roughly $12 billion of debt the company will assume from
CCI, $4 billion of cash, and $6 billion of Charter preferred stock
and common shares (CCI's shareholders will own roughly 23% of
Charter on an as-converted, as-exchanged basis following the
transaction). Charter's debt to EBITDA was about 4.1x for the
12-months ended March 31, 2025, thus incorporating CCI's roughly $5
billion of earnings will likely result in similar consolidated
leverage including incremental $4 billion in assumed debt to fund
the cash payment to CCI and preferred equity treated as debt-like.
The company's S&P Global Ratings-adjusted debt to EBITDA will be
modestly higher than management's calculation. Historically,
Charter's S&P Global Ratings-adjusted leverage has closely mirrored
its company-defined leverage metric. S&P said, However, the
company's mobile business includes equipment installment plan (EIP)
financing, which we treat as debt while management does not. As of
March 31, 2025, Charter's EIP facility stood at $1.2 billion, which
led to an about 0.06x difference between its S&P Global
Ratings-adjusted leverage and its company-defined leverage.
However, we expect this difference could increase as the company
expands its mobile business and more customers buy handsets (many
Charter customers brought their own devices initially). Secondly,
we will likely treat the company's preferred stock as debt-like,
which management does not include in its calculation, which could
further the gap between the metrics by up to 0.2x."
S&P said, "We expect Charter's S&P Global Ratings-adjusted debt to
EBITDA will remain in the low-4x area for the next 2-3 years.
Management has indicated that it plans to operate with leverage of
between 4.00x and 4.25x for the 18 months prior to the close of the
acquisition. Following the close of the transaction, the company
will gradually reduce its leverage, though it could take 2-3 years
for it to improve its debt to EBITDA to the middle of its new
3.5x-4.0 target range. Depending on our adjustments, this will
likely cause Charter's S&P Global Ratings-adjusted leverage to
remain slightly above 4.0x through 2027.
"We expect FOCF to remain pressured by capital investments in 2025,
before gradually improving thereafter. Charter is engaged in a
network investment plan that includes line extensions, partly
funded by government subsidies under the rural digital opportunity
fund (RDOF) as well as network evolution to upgrade the existing
plant to allow for multi-gigabit per second (Gbps) download speeds
and 1 Gbps upload across its footprint. As a result, we expect
Charter's stand-alone capital spending to peak around $12 billion
in 2025 (21% of sales) before gradually approaching about $8
billion by 2028 (about 14%-15%). CCI is also investing in network
upgrades such that is capex-to-revenue is also in the low-20% area
and we envision a similar longer-term path toward mid-teen
capex-to-revenue. Longer-term, there could also be moderate capex
synergies between the companies. Therefore, we expect that
FOCF-to-debt is likely to improve from about 4%-5% in 2025 to
around 8%-9% by 2028.
"We view the additional scale provided by the acquisition of CCI
favorably but also recognize it is acquiring a modestly weaker
business. The benefits of scale are important when negotiating with
wireless operators, programming partners, and other vendors. The
additional scale will also help the company expand its investments
and innovation in mobile, video, advertising, and AI tools.
"However, CCI has above-average broadband ARPU, which makes it more
susceptible to new competition and has experienced greater
subscriber losses than Charter. We believe that Charter may be able
to offer a more-competitive mobile and video package to new
customers in CCI's existing footprint. CCI was slow to launch a
mobile service and has a much smaller customer base than Charter,
thus we believe Charter could attract customers and improve its
retention by scaling its mobile product across CCI's existing
footprint.
"We believe Charter has a leading strategic position relative to
its peers. By applying its strategy to CCI, there is the potential
that it can improve CCI's operating performance. Charter company
has not raised its broadband prices as much as many of its peers,
which better positions it to retain customers when new competition
emerges. Furthermore, the company has been a leader in using
low-priced mobile offerings to attract and retain broadband
subscribers, which has helped improve its brand recognition and
reduce its customer churn. Finally, Charter has led the way in
negotiating more programming flexibility and streaming rights,
which could help it ease its video subscriber loss trends, preserve
its existing video profits, and retain broadband customers. The
company's go-to-market strategy, coupled with its subsidized rural
passings, will likely support industry leading broadband subscriber
metrics in 2025. More specifically, we project about 200,000
broadband subscriber losses in 2025 and 2026, which represents
slightly less than a 1% decline in its customer base (compared with
its peers that average 2%-4% annual declines).
"We believe the integration risks related to the transaction are
moderate and will mostly stem from its pricing strategy and
re-branding. The company's operating synergy expectations are
modest at about $500 million (or about 6% of CCI total operating
expenses). These synergies primarily relate to procurement and
overhead savings, which we believe it will likely be able to
achieve in the three years following the close of the acquisition.
"The larger risk stems from re-branding CCI to "Spectrum" and
unifying its pricing and packaging to be consistent with Charter's
national go-to-market strategy. We note that CCI ha significantly
higher broadband average revenue per user (ARPU) than Charter. Over
time, we expect Charter will operate the combined business much the
same as it operates currently. However, this could present a risk
because it will have to reprice CCI's existing subscriber base down
to better align with its the company's rates. Still, Charter has
successfully managed large-scale acquisitions in the past,
including the multi-year unification of its pricing and packaging
with those of legacy Time Warner and Brighthouse. We believe that
Charter will aim to sell more products to CCI customers to
strengthen the customer relationship and offset lower product
ARPU.
"Competitive pressures remain intense industry-wide. Cable
operators face challenges in gaining new customers because fixed
wireless access (FWA) providers are taking the lion's share of
gross new customer additions. FWA is offered at a low price point,
is easy to install, and the speeds are fast enough for most
consumers. Therefore, we expect continued elevated competition from
FWA providers for at least the next two years and project their net
customer additions will remain about 3.5 million per year through
2026. We also expect that fiber-to-the-home (FTTH) providers will
cover about 65%-70% of Charter's footprint over the next 2-3 years,
up from slightly above 50%, which will likely lead to some customer
churn and make it more difficult for the company to attract new
customers.
"We do not expect to revise our recovery ratings on Charter's debt.
We will update our recovery analysis when the deal closes, subject
to the receipt of final terms and conditions. However, based on our
preliminary analysis, it is unlikely we will revise our recovery
ratings." This assumes the following:
-- Roughly $16 billion of enterprise value (EV) from CCI in a
default scenario, consistent with a 45%-50% haircut to its current
EBITDA and the 6.5x multiple we use to value Charter. This would
bring its total EV at emergence to about $87 billion on a pro forma
basis;
-- Roughly $12 billion of CCI debt with the same collateral
package and guarantees as Charter's existing secured debt. This
would increase the company's total secured claims to about $85
billion in a simulated default scenario;
-- Recovery on the secured debt would remain between 90%-100%,
which is consistent with a '1' recovery rating; and
-- Recovery on the unsecured debt would likely remain below 10%,
consistent with a '6' recovery rating.
The stable outlook on Charter reflects management's willingness to
operate with a more-conservate financial policy. This will provide
the company with a cushion relative to our thresholds for the
current rating to account for its increasingly competitive
operating environment.
S&P said, "Although unlikely, we could lower our rating on Charter
if it increases its debt to EBITDA above 4.5x. We could also
tighten our rating thresholds if the company's business conditions
deteriorate such that we believe its EBITDA per home passed is on a
materially declining long-term trajectory." This would likely
entail weaker-than-expected mobile profitability, stalling
broadband ARPU growth, or a decline in its high-speed data
penetration to the low-40% area.
S&P said, "Furthermore, we could lower our rating on Charter if we
do not believe it will improve its FOCF to debt above 5% over the
long term.
"We could raise our rating on Charter if it reduces its S&P Global
Ratings-adjusted debt to EBITDA sustainably below 4x, which is
unlikely over the next two years. We would also need to see a
stabilization in the company's operating environment, such that we
believe the threat of ongoing market share losses has declined,
before we would raise our rating. More specifically, we would need
to be confident that Charter will be able to increase its broadband
revenue, with its EBITDA-per-passing remaining stable or rising
over the long term. We also require the company to improve its FOCF
to debt above 10% before raising the rating."
CLEANOVA HOLDCO 3: Fitch Assigns 'B' LongTerm IDR, Outlook Stable
-----------------------------------------------------------------
Fitch Ratings has assigned Cleanova Holdco 3 Limited and Cleanova
US Holdings LLC (collectively, Cleanova) first time Long-Term
Issuer Default Ratings (IDR) of 'B' and senior secured debt, issued
by Cleanova US Holdings LLC, ratings of 'B+' with a Recovery Rating
of 'RR3'. The Rating Outlook is Stable.
Cleanova's 'B' IDR reflects the company's range of engineered air
and liquid industrial filtration products with predictable
replacement cycles, high proportion of aftermarket sales supported
by a large installed base and service capabilities, and
diversified, sticky customer base that lead to a good degree of
revenue and cash flow stability. The company's rating is
constrained by its projected financial profile and potential for
debt-funded acquisitions.
Fitch forecasts EBITDA leverage around 5x and coverage in the
mid-2x range in the medium-term. Fitch projects $20 million-$50
million in annual FCF and (CFO-capex)/debt in the low- to
mid-single digits, in addition to potential equity contributions,
should help moderate M&A-linked leverage and support deleveraging.
Key Rating Drivers
Forecasted 5x Leverage, Mid-2x Coverage: Fitch expects PF EBITDA
leverage will rise to the high-5x range following the purchase of
Micronics, before declining to around 5x as the company achieves
over $20 million in identified operational and cost synergies
through 2026. Fitch views integration risk as limited and cost
synergies as achievable considering the complimentary product lines
and management's track record. Fitch expects Cleanova to continue
to pursue partially debt-funded bolt-on acquisitions to enhance
market share and product breadth leading to average leverage in
line with 'B' rating tolerances.
Aftermarket Exposure Moderates Variability: Cyclicality inherent in
industrial end-markets is mitigated by Cleanova's nearly 90% of
sales related to low cost, performance-linked aftermarket filter
replacement. Highly consumable aftermarket demand tends to be more
stable than original equipment sales due to its installed based and
operating cost orientation.
Around 70%-80% the company's filters are replaced based on a fixed
schedule during planned plant turnarounds, due to regulatory or
manufacturer warranty requirements and preventing underperformance
or disruption. These factors have led to greater revenue stability
during economic cycles relative to industrial peers concentrated in
capital spend-linked new equipment sales.
Forecasted Positive FCF: Cleanova's limited capex and predictable
working capital needs are supportive of FCF margins in the mid- to
high-single digit range over the medium term, leading to
above-average financial flexibility relative to peers in the 'B'
rating category. Fitch expects FCF to be in the $20 million range
in the near term due to one-time costs related to acquisitions and
restructuring, as well as the timing impact of synergies. While the
improving FCF profile provides a good degree of de-leveraging
capacity, Fitch expects excess cash flow to be prioritized towards
incremental acquisitions with excess FCF used for debt repayment.
Engineered, Built-to-Spec Products: 70%+ of products are
engineered-to-order or configured-to-order requiring in-house
technical expertise to design and manufacture filters to customer
specifications. These requirements, in conjunction with Cleanova's
services capabilities, heighten switching costs and establish a
more solutions-oriented offering, as demonstrated by the length and
breadth of customer relationships. Cleanova has established a
global manufacturing footprint and diversified material supply
chains to ensure proximity to customers, particularly within its
core North American and European markets, moderating operational
and cost risks.
Diversified Geography, End Markets: The acquisition of Micronics
will further enhance the revenue profile due to its diversification
across filtration products, geographies, and customers. Micronics
is predominantly exposed to the Americas and air filtration
products, which is complementary to Cleanova's exposure to EMEA and
liquid filtration products. Fitch also expects the combined
business to serve over 10,000 customers across 8+ industries, with
the top 10 customers accounting for around 12% of revenue and top
three end markets accounting for 51% of revenue.
Peer Analysis
Fitch compares Cleanova to peers in the Diversified Industrial and
Aerospace and Defense sectors, such as Arxis (B+/Stable), and
Signia Aerospace, LLC (B+/Stable). Each of these companies has a
high degree of sales attributed to spec, aftermarket products,
leading to defensible market positions and revenue stability.
Despite Cleanova operating with similar leverage and a higher
portion of aftermarket sales relative to Arxis and Signia, it has
lower cash flow margins, less revenue visibility relative to A&D
platforms, and is much smaller.
Key Assumptions
- Organic revenue growth is assumed in the low- to mid-single
digits through the forecast supported by steady pricing increases
and incremental cross-selling opportunities as a result of the
transaction;
- Pro forma EBITDA margins strengthen over the next few years as
the company executes on identified synergies;
- Excess cash flow is prioritized towards acquisitions;
- Capital expenditures assumed to remain around 1% of revenue per
year;
- SOFR is assumed at 4.25% in 2025, stabilizing at 3.75% through
the forecast.
Recovery Analysis
The recovery analysis assumes that Cleanova would be reorganized as
a going-concern (GC) in bankruptcy rather than liquidated. A 10%
administrative claim is assumed in the recovery analysis.
The GC EBITDA estimate reflects Fitch's view of a sustainable,
post-reorganization EBITDA level upon which Fitch bases the
enterprise valuation. The $88 million GC EBITDA reflects a
hypothetical scenario in which material, persistent operational
issues arise, resulting in the loss of key suppliers and customers,
leading to margin deterioration.
An enterprise valuation multiple of 5.5x EBITDA is applied to the
GC EBITDA to calculate a post-reorganization enterprise value. The
multiple considers the company's business model, scale, proportion
of sales derived from aftermarket products, and comparable
transaction multiples.
The credit facility is assumed to be fully drawn. The first lien
secured revolving credit facility and term loan are pari passu and
receive equal priority in the distribution of value in the recovery
waterfall. The recovery rating analysis results in a 'B+'/'RR3'
recovery for the secured debt.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA interest coverage around 2.0x;
- EBITDA leverage sustained above 6.5x;
- Reduction in financial flexibility, such as or CFO-Capex/Debt
below 2.5% or revolver availability sustained below 50%;
- A deviation in M&A strategy or operational missteps that
heightens execution and cash flow risk.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Demonstrated commitment to a financial policy supporting EBITDA
leverage maintained below 5x;
- EBITDA interest coverage approaching 3.0x;
- Improved cash flow profile leading to greater financial
flexibility, such as CFO-Capex/Debt in the mid-single-digits;
- Continued execution of strategic initiatives to improve the cash
flow risk profile, including increased size, scale, and
diversification.
Liquidity and Debt Structure
Cleanova's liquidity is adequate, consisting of $25 million cash on
hand and full availability on its $75 million revolver following
the refinancing in connection with the Micronics acquisition. FCF
is forecast to remain positive, supporting a stable liquidity
position over the medium-term.
The company expects to finance the acquisition of Micronics and
refinance all its existing debt with $630 million term loan to be
issued. Post-refinancing, the company's debt structure will consist
of a $75 million senior secured revolver (undrawn), and a $630
million senior secured term loan. The term loan will amortize at 1%
per annum and mature in 2032.
Issuer Profile
Cleanova Group designs and manufactures custom filtration
assemblies and aftermarket filters. Its products are sold globally
across diversified industrial, energy, metal, mining, and other end
markets.
Date of Relevant Committee
May 9, 2025
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Cleanova US Holdings LLC LT IDR B New Rating
senior secured LT B+ New Rating RR3
Cleanova Holdco 3 Limited LT IDR B New Rating
COLUMBINE HEIGHTS: Unsecureds Will Get 100% of Claims in Plan
-------------------------------------------------------------
Columbine Heights, LLC, filed with the U.S. Bankruptcy Court for
the District of Colorado an Amended Disclosure Statement describing
Amended Plan of Reorganization dated May 1, 2025.
On or about April 23, 2018, the Debtor was formed as a limited
liability company in the State of Colorado. The Debtor was formed
with the specific intent of holding real property interests.
To achieve this end, the Debtor entered into to the Contract to Buy
and Sell Real Estate (Land) dated January 21, 2022, which was
subsequently amended by the Agreement to Amend/Extend Contract
dated December 29, 2023 (collectively, the "Contract") with Johnson
Farms, LLP.
Through the Contract, the Debtor holds an interest in real property
known as Weld County Parcel #131132300035, FRE PT SW4 32 2-67 BEG C
1/4 S89D23'W 61' S01D11'E 2534.67' N0D09'E2534.77' TO POB Outlet 1,
Johnson Farms/Spindle Hill Energy Minor Subdivision Plat, Town of
Frederick, County of Weld, State of Colorado with approximately
142.91 acres (the "Property"); and any and all Water Rights
appurtenant to the Property.
The Debtor has sought to employ CBRE, Inc. as a broker for the
Debtor to sell the Property. It is anticipated that based on the
projected final approval of entitlements it is reasonable to expect
that the Property will be sold within two years from the Effective
Date; although the Debtor believes it can reasonably close by July
31, 2026 as contemplated under the Settlement Agreement due to
progress made since the Debtor initially filed its plan in November
2024.
The Debtor will continue to develop and market the Property and use
proceeds generated from these sales to pay operating expenses and
secured creditors. Prior to these sales, the Debtor will fund its
development and operating expenses through capital calls from its
members. The Debtor's members are willing and able to fund its
current and future expenses through the first sale through capital
calls.
The members have liquid funds available of at least $500,000.00 to
fund these expenses. The members have funded the Debtor since its
inception with equity contributions and capital calls. Evidence of
the members' ability to fund the capital calls will be presented at
the Confirmation Hearing, as necessary. The Debtor expects that all
creditors and Allowed Claims shall be paid in full over a 2-year
Plan term.
Class Two shall consist of allowed Unsecured Claims against the
Debtor. The unsecured creditors shall receive annual payments pro
rata over the Plan term of two years from Net Income in amounts not
to exceed allowed claims, beginning one year from the Effective
Date.
Pursuant to the projections attached as Exhibit A to the Debtor's
Plan, projected payments are sufficient to pay all Class Two
Allowed Claims in full from the sale of the Property and/or capital
calls from the Debtor's members. Thus, the Debtor projects a 100%
payment to Allowed Claims. Notwithstanding the foregoing or
anything to the contrary herein, the Debtor, in its sole
discretion, may pay the claims in Class Two in full at any time
prior to the end of the Plan. Class Two is Impaired under the
Plan.
As defined in the Plan, Net Income means annual net income the
Debtor earns from continued business operations for two years,
after deducting normal operating expenses, unclassified allowed
Chapter 11 Administrative Expenses, and allowed unsecured priority
claims.
Class Three consists of the equitable interests of Members as
follows: Azcore, LLC (49%), Monroe Associates (24.5%), Excel
Business Services, LLC (24.5%), and Scott Burrows (2%), each a
holder of the Debtor's ownership interests as stated herein. The
holders of Class Three interests will receive no money under the
Plan on the Effective Date. They will retain their interests to the
same extent that they held such interests prior to the filing of
the Bankruptcy.
The Debtor will otherwise continue to operate its business,
including proceeding with entitlement process and marketing the
plats for sale. To achieve this end, the Debtor has sought to
employ CBRE, Inc. as a broker for the Debtor to sell the Property.
It is anticipated that based on the projected final approval of
entitlements it is reasonable to expect that the Property will be
sold within two years from the Effective Date.
Through the first sale, Johnson Farms shall be paid in full in
accordance with the Settlement Agreement. The Debtor shall sell the
Property and pay Class One's Allowed Claim within two years of the
Effective Date. Afterwards, the Debtor's Net Income shall be used
to pay holders of Allowed Unsecured Claims and all Administrative
Expenses.
A full-text copy of the Amended Disclosure Statement dated May 1,
2025 is available at https://urlcurt.com/u?l=9OyaxR from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jeffrey A. Weinman, Esq.
Patrick Vellone, Esq.,
Katharine S. Sender, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Tel: (303) 534-4499
Email: JWeinman@allen-vellone.com
KSender@allen-vellone.com
About Columbine Heights LLC
Columbine Heights has equitable interest in real property located
in Weld County, State of Colorado valued at $16 million.
Columbine Heights LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Col. Case No.
24-15117) on Aug. 30, 2024, listing $16,000,000 in assets and
$2,150,391 in liabilities. The petition was signed by Michael
Blumenthal as manager.
Judge Kimberley H. Tyson presides over the case.
Jeffrey A. Weinman, Esq., at Allen Vellone Wolf Helfrich & Factor
PC, is the Debtor's counsel.
COMMERCIAL FURNITURE: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Tennessee,
Southern Division granted Commercial Furniture Services, LLC
interim authority to continue using cash collateral.
The interim order authorized the company to use cash collateral
consistent with its 30-day budget, which shows total monthly
expenses of $200,299.94.
Commercial Furniture Services must not exceed the expenditures in
the budget by more than 15% without approval from the court or its
lender, Southeast Bank.
In addition to the items set forth in the budget, Commercial
Furniture Services was authorized to pay the fees and
administrative expense claims of the Subchapter V trustee, with
such payments to be held by the trustee subject to a separate court
order.
As protection, Southeast Bank was granted replacement liens on the
collateral to the same extent and with the same validity and
priority as its pre-bankruptcy liens.
A final hearing is scheduled for June 12.
About Commercial Furniture Services
Commercial Furniture Services, LLC, a company in Chattanooga,
Tenn., offers office furniture installation, asset management (safe
storage) and logistics services.
Commercial Furniture Services filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. Tenn. Case No.
24-12642) on Oct. 18, 2024, with $100,001 to $500,000 in assets and
$1 million to $10 million in liabilities. Brenda Brooks of Moore &
Brooks serves as Subchapter V trustee.
Judge Nicholas W. Whittenburg oversees the case.
Wright, Cortesi & Gilbreath serves as the Debtor's legal counsel.
Southeast Bank, as lender, is represented by:
Harry R. Cash, Esq.
John P. Konvalinka, Esq.
Grant, Konvalinka & Harrison, P.C.
633 Chestnut Street, Suite 900
Chattanooga, TN 37450-0900
423-756-8400 (Phone)
423-756-0643 (Fax)
hcash@gkhpc.com
jkonvalinka@gkhpc.com
CONSOLIDATED BURGER: June 23, 2025 Proofs of Claim Deadline Set
---------------------------------------------------------------
The deadline for all creditors of Consolidated Burger Holdings, LLC
and its affiliates to file a proof of claim (except governmental
units) is June 23, 2025 (5:00 PM EDT).
The deadline for governmental units to file a proof of claim is
October 14, 2025 (5:00 PM EDT)
A proof of claim is a signed statement describing a creditor's
claim. A proof of claim form may be obtained at
www.flnb.uscourts.gov, any bankruptcy clerk's office or on the case
website at https://omniagentsolutions.com/CBH
Your claim will be allowed in the amount scheduled unless:
* your claim is designated as disputed, contingent, or
unliquidated;
* you file a proof of claim in a different amount; or
* you receive another notice.
If your claim is not scheduled or if your claim is designated as
disputed, contingent, or unliquidated, you must file a proof of
claim or you might not be paid on your claim and you
might be unable to vote on a plan. You may file a proof of claim
even if your claim is scheduled. You may review the schedules at
the bankruptcy clerk's office or online at pacer.uscourts.gov or at
the case website https://omniagentsolutions.com/CBH.
Secured creditors retain rights in their collateral regardless of
whether they file a proof of claim. Filing a proof of claim submits
the creditor to the jurisdiction of the bankruptcy court, with
consequences a lawyer can explain. For example, a secured creditor
who files a proof of claim may surrender important nonmonetary
rights, including the right to a jury trial. The deadline for
filing objections to claims will be established pursuant to Local
Rule 3007−1(B)(1).
The deadlines for filing proofs of claim in this notice apply to
all creditors. If you are a creditor receiving a notice mailed to a
foreign address, you may file a motion asking the court to extend
the deadline to file a proof of claim.
Claims may be delivered or mailed to:
By First Class Mail, Hand Delivery or Overnight Mail:
Consolidated Burger Holdings, LLC
Claims Processing
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Ste. 100
Woodland Hills, CA 91367
Proofs of Claim may also be filed electronically via the case
website: https://omniagentsolutions.com/CBH
Exception to Discharge Deadline
The bankruptcy clerk's office must receive a complaint and any
required filing fee by the following deadline. Writing a letter to
the court or judge is not sufficient.
About Consolidated Burger Holdings
Consolidated Burger Holdings LLC and affiliates are among the
largest franchisees of Burger King, the world's second-largest fast
food hamburger chain. As of the Petition Date, they operated 57
Burger King restaurants across prime markets in Florida and
Southern Georgia. These restaurants are informally grouped into
three geographic clusters: (i) Tallahassee and Southern Georgia,
comprising 18 locations; (ii) South Florida, with 19 locations; and
(iii) the Florida Panhandle, with 20 locations. Debtor Consolidated
Holdings is the sole member and 100% equity owner of both
Consolidated A and Consolidated B.
Consolidated Burger Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No. 25-40162) on
April 14, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $50 million and $100 million each.
Honorable Bankruptcy Judge Karen K. Specie handles the case.
The Debtor is represented by Paul Steven Singerman, Esq., Jordi
Guso, Esq., Christopher Andrew Jarvinen, Esq., and Brian G. Rich,
Esq. at BERGER SINGERMAN LLP. DEVELOPMENT SPECIALISTS, INC. is the
Debtors' Restructuring Advisor. PEAK FRANCHISE CAPITAL LLC is the
Debtors' Investment Banker. OMNI AGENT SOLUTIONS, INC. is the
Debtors' Notice & Claims Agent.
COSTELLO SR.-ALLEN: Mark Schlant Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 2 appointed Mark Schlant, Esq., at
Zdarsky, Sawicki & Agostinelli, LLP as Subchapter V trustee for
Costello Sr.-Allen Optometrists, PLLC.
Mr. Schlant will be paid an hourly fee of $320 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Schlant declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark J. Schlant, Esq.
Zdarsky, Sawicki & Agostinelli, LLP
1600 Main Place Tower
350 Main St.
Buffalo, NY 14202
Phone: (716) 855-3200
Email: mschlant@zsalawfirm.com
About Costello Sr.-Allen Optometrists
Costello Sr.-Allen Optometrists, PLLC, doing business as Allen Eye
Associates, is an optometry practice based in Oneida, N.Y. The
clinic provides comprehensive eye care services including routine
eye exams, contact lens fittings, dry eye therapy, and disease
management.
Costello Sr.-Allen Optometrists sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60379) on May
1, 2025. In its petition, the Debtor reported total assets of
$583,120 and total liabilities of $2,622,871.
The Debtor tapped Peter A. Orville, Esq., at Orville & McDonald
Law, P.C. and Gregory F. Wilt CPA, PC as tax and payroll
accountant.
CREATIVEMASS HOLDINGS: William Homony Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed William Homony of
Miller Coffey Tate, LLP as Subchapter V trustee for Creativemass
Holdings Inc.
Mr. Homony will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Homony declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
William A. Homony, CIRA
Miller Coffey Tate, LLP
1628 John F. Kennedy Boulevard, Suite 950
Philadelphia, PA 19103
Telephone: (215) 561-0950 ext. 26
Fax: (215) 561-0330
Email: bhomony@mctllp.com
About Creativemass Holdings
Creativemass Holdings Inc. founded in June 2020 as a Delaware
holding company, managed five subsidiaries across Australia, Japan,
the UK, and the US. The group's operations were primarily driven by
Creativemass Enterprises Pty Ltd., an Australian firm incorporated
in 2017 and led by Michael Rouse, who also headed the parent
company. Its core offering was WealthConnect, a subscription-based
wealth management platform developed between 2017 and 2019, which
anchored the group's broader push to deliver fintech solutions to
the financial services sector.
Creativemass Holdings and its affiliate, Creativemass Enterprises
US, LLC, filed Chapter 11 petitions (Bankr. D. Del. Lead Case No.
25-10695) on April 14, 2025.
At the time of the filing, Creativemass Holdings reported between
$1 million and $10 million in both assets and liabilities while
Creativemass Enterprises reported up to $50,000 in assets and
between $50,001 and $100,000 in liabilities.
Judge Mary F. Walrath handles the cases.
The Debtors tapped Pashman Stein Walder Hayden, P.C. as legal
counsel and Novo Advisors, LLC as financial advisor. Stretto is
the claims and noticing agent.
DANIMER SCIENTIFIC: June 9, 2025 Claims Bar Date Set
----------------------------------------------------
On May 5, 2025, the United States Bankruptcy Court for the District
of Delaware entered an order in the chapter 11 cases of Danimer
Scientific, Inc. and its debtor-affiliates establishing certain
claims bar dates.
Pursuant to the Bar Date Order, the Court has established June 9,
2025, at 5:00 p.m. (Eastern Time) as the general bar date for
filing prepetition claims in the Debtors' Chapter 11 Cases. Proofs
of claim of governmental units must be filed by Sept. 15, 2025, at
5:00 p.m. (Eastern Time).
The Bar Date Order establishes the following bar dates for filing
claims in these Chapter 11 Cases:
The General Bar Date. Pursuant to the Bar Date Order, except as
described below, all entities holding claims, whether secured,
unsecured priority (including Section 503(b)(9) Claims) or
unsecured nonpriority, against the Debtors that arose prior to
March 18, 2025 (the "Petition Date") must file proofs of claim by
the General Bar Date (i.e., by June 9, 2025, at 5:00 p.m. (Eastern
Time)). With respect to Section 503(b)(9) Claims, the filing of a
proof of claim shall be deemed to satisfy the procedural
requirements for the assertion of such administrative claims.
The Governmental Bar Date. Pursuant to the Bar Date Order, except
as described below, all governmental units holding claims against
the Debtors (whether secured, unsecured priority or unsecured
nonpriority) that arose before the Petition Date must file proofs
of claim by the Governmental Bar Date (i.e., by September 15, 2025,
at 5:00 p.m. (Eastern Time)).
The Rejection Bar Date. Any entity whose claims arise out of the
rejection of an executory contract or unexpired lease pursuant to a
Court order or by operation of section 365(d)(4) of the Bankruptcy
Code, including secured claims, unsecured priority claims and
unsecured nonpriority claims that arose or are deemed to have
arisen prior to the Petition Date, must file a proof of claim on or
before the later of (a) the General Bar Date and (b) 5:00 p.m.,
Eastern Time, on the date that is 30 days after service of the
Rejection Order.
The Amended Schedules Bar Date. If the Debtors amend or supplement
their schedules of assets and liabilities to reduce the undisputed,
noncontingent and liquidated amount of a claim against the Debtors,
to change the nature or classification of a claim against the
Debtors or to add a new claim to the Schedules, any affected
entities that dispute such changes must file a proof of claim or
amend any previously filed proof of claim in respect of the amended
scheduled claim on or before the later of: (a) the General Bar
Date; and (b) 5:00 p.m., Eastern Time, on the date that is 30 days
after the date that notice of the applicable amendment to the
Schedules is served on the entity.
FILING CLAIMS
1. WHO MUST FILE
Subject to the terms set forth in the Bar Date Order and described
above for holders of claims subject to the Governmental Bar Date,
Rejection Bar Date and the Amended Schedules Bar Date, the
following entities must file proofs of claim on or before the
General Bar Date:
(a) any entity (i) whose prepetition claim against the Debtors
is not listed in the Debtors' Schedules or is listed as disputed,
contingent or unliquidated and (ii) that desires to participate in
these Chapter 11 Cases or share in any distributions in these
Chapter 11 Cases; and
(b) any entity that believes that its prepetition claim is
improperly classified in the Schedules or is listed in an incorrect
amount and that desires to have its claim allowed in a
classification or amount different from the classification
or amount identified in the Schedules.
2. WHAT TO FILE
Parties asserting claims against the Debtors that arose before the
Petition Date must use the copy of the proof of claim form (the
"Proof of Claim Form") included with this notice. The Debtors have
populated each Proof of Claim Form provided to each known potential
claimant with the following information: (a) the claimant's name
and (b) whether the claimant's claim is listed in the Schedules
and, if so, (i) the Debtor against which the claimant's claim is
scheduled; (ii) whether the claimant's claim is listed as disputed,
contingent, or unliquidated; (iii) whether the claimant's claim is
listed as secured, unsecured, or priority unsecured; and (iv) if
listed in a liquidated amount that is not disputed or contingent,
the dollar amount of the claim (as listed in the Schedules). Any
entity that relies on any information set forth on the Proof of
Claim Form provided to such entity will bear responsibility for
determining that such information is accurate. Additional copies of
the Proof of Claim Forms may be obtained on Debtors' case website
hosted by Stretto, Inc. at
https://cases.stretto.com/danimerscientific.
3. WHEN AND WHERE TO FILE
Entities must (i) deliver the Proof of Claim Form in person or by
courier service, hand delivery or mail so it is received on or
before the applicable Bar Date at the following address:
Danimer Scientific, Inc., et al. Claims Processing, c/o Stretto,
410 Exchange, Suite 100, Irvine, CA 92602, or (ii) deliver it
electronically using the interface available on Stretto's website
at https://cases.stretto.com/danimerscientific on or before the
applicable Bar Date.
Forms will be deemed filed when actually received by the Debtors'
claims agent, Stretto. Forms may not be delivered via facsimile or
electronic mail transmission. Any facsimile or electronic mail
submissions will not be accepted and will not be deemed filed until
a claim is submitted by one of the methods described above.
Forms will be collected, docketed and maintained by Stretto. If you
want to receive acknowledgement of Stretto's receipt of a form, you
must submit by the applicable Bar Dates and concurrently with
submitting your original form (a) a copy of the original form and
(b) a selfaddressed, postage prepaid return envelope. Additionally,
if you submit a Proof of Claim Form through Stretto's website
interface, you will receive an email confirmation of your
submission.
All forms must be signed by the claimant or, if the claimant is not
an individual, by an authorized agent of the claimant. The form
must be written in English, be denominated in United States
currency and conform substantially with the Proof of Claim Form.
The Proof of Claim Form must set forth with specificity the legal
and factual basis for the alleged claim. You must attach to your
completed form any documents on which the claim is based (or, if
such documents are voluminous, attach a summary) or an explanation
as to why the documents are not available.
Any entity asserting claims against multiple Debtors must file a
separate form with respect to each Debtor. In addition, any entity
filing a claim must identify on its form the particular Debtor
against which the entity asserts its claim. Any claim filed under
the joint administration case, Danimer Scientific, Inc., Case No.
25-10518 (MFW), or that otherwise fails to identify a Debtor shall
be deemed as filed only against Debtor Danimer Scientific, Inc.,
Case No. 25-10518 (MFW). If an entity lists more than one Debtor on
any one form, the relevant claims shall be treated as filed only
against the first listed Debtor.
CONSEQUENCES OF FAILURE TO FILE A CLAIM
Any entity that is required to file a Proof of Claim Form pursuant
to the Bar Date Order, but fails to properly do so by the
applicable Bar Date, shall not be treated as a creditor or
claimant (as applicable) with respect to such claim for the
purposes of voting and distribution in the above-captioned cases
and shall be forever barred, estopped and enjoined from asserting
any such claim against the Debtors or their estates or property.
ADDITIONAL INFORMATION
If you require additional information, you may contact Stretto (i)
by telephone at (855) 469-1503 (toll-free) or 1-657-232-7988
(international), (ii) by email at
teamdanimerscientific@stretto.com, or (iii) by submitting an
inquiry on Stretto's website at
https://cases.stretto.com/danimerscientific. Copies of the Bar Date
Order and other information regarding the Debtors' Chapter 11 Cases
are available for inspection free of charge on Stretto's website at
https://cases.stretto.com/danimerscientific.com.
A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTORS SHOULD CONSULT AN
ATTORNEY REGARDING ANY MATTERS NOT COVERED BY THIS NOTICE,
INCLUDING WHETHER THE HOLDER SHOULD FILE A PROOF OF
CLAIM FORM.
About Danimer Scientific
Danimer Scientific, Inc., is a performance polymer company
specializing in bioplastic replacement for traditional
petroleum-based plastics. The company is based in Bainbridge, Ga.
Danimer Scientific and its affiliates filed Chapter 11 petitions
(Bankr. D. Del. Lead Case No. 25-10518) on March 18, 2025. In its
petition, Danimer Scientific reported assets between $500 million
and $1 billion and liabilities between $100 million and $500
million.
Judge Mary F. Walrath handles the cases.
The Debtor tapped Vinson & Elkins, LLP as general bankruptcy
counsel; Richards, Layton & Finger, P.A., as Delaware local
counsel; and AlixPartners, LLP, as financial advisor. Stretto,
Inc. is the Debtor's notice, claims and solicitation agent.
DEL MONTE FOODS II: Moody's Assigns 'Caa2' CFR, Outlook Negative
----------------------------------------------------------------
Moody's Ratings assigned a Caa2 Corporate Family Rating and Caa2-PD
Probability of Default Rating to Del Monte Foods Corporation II
Inc. ("Del Monte" or "DMFC II"). Concurrently, Moody's assigned a
Caa2 rating to DMFC II's newly issued $122 million incremental
backed senior secured first lien first-out ("FLFO") term loan.
Moody's also affirmed the Caa2 ratings on DMFC II's existing backed
senior secured FLFO term loans, the Caa3 rating on the backed
senior secured first lien second-out ("FLSO") term loan, and the Ca
rating on the backed senior secured first lien third-out ("FLTO")
term loan. Moody's withdrew Del Monte Foods, Inc.'s ("DMFI") Caa2
CFR, Caa2-PD PDR, negative outlook, and the Ca rating on the backed
senior secured first lien term loan issued by DMFI ("DMFI term
loan"), following the repayment of all outstanding rated debt at
DMFI. The outlook at DMFC II is negative.
Del Monte issued a $122 million new incremental FLFO term loan in
April 2025 to fund the settlement of outstanding litigation with
Black Diamond and select other lenders that contested the August
2024 debt exchange transaction. Del Monte used proceeds from the
new issuance to repay the existing DMFI term loan lenders that were
part of the litigation and a remaining stub portion. DMFC II
amended the super priority credit agreement to raise $110 million
of new money with the $122 million principal balance including fees
through the issuance of the incremental FLFO term loan. DMFC II
also amended the Asset Backed Lending ("ABL") credit agreement to
reduce the size of the facility to $550 million from $625 million.
ABL lenders are secured by the ABL priority collateral, which
includes liquid assets such as accounts receivable and inventory.
The incremental FLFO term loan is pari-passu to the existing FLFO
with exception that it had a priority claim to proceeds from a new
parent contribution of $45 million which had to be used to repay
debt outstanding on the incremental FLFO by May 5, 2025. The new
parent contribution could come in the form of a fourth out term
loan tranche on the DMFC II credit agreement or as equity from Del
Monte Pacific Ltd ("DMPL"). The contribution was not made. As a
result, Del Monte Foods Holdings Limited ("DMFHL") is required to
have least six lender-appointed directors on its board of directors
and a majority of directors on the Boards of Directors of each of
DMFHL's subsidiaries lender-appointed.
Moody's are moving the CFR and PDR to DMFC II and withdrawing the
ratings at DMFI because there is no longer any debt outstanding at
DMFI following the repayment of the term loan. The Caa2 CFR at DMFC
II and negative outlook remain the same as the prior CFR and
outlook at DMFI because the transaction does not materially affect
the high leverage or negative free cash flow. The transaction
favorably resolves the outstanding litigation but the company's
liquidity remains weak. Operating conditions are challenging and
there is considerable execution risk surrounding Del Monte's
ability to maintain sufficient liquidity to address its cash needs
while also improve volumes and profitability sufficiently over the
next 12-18 months to meaningfully reduce leverage and improve free
cash flow.
RATINGS RATIONALE
Del Monte's Caa2 CFR reflects the company's weak liquidity and high
leverage. Debt/EBITDA leverage was significantly above 10x for the
fiscal year ended April 2024, and is projected to remain above 10x
through the fiscal year ended April 2025. The company's weak
financial position is largely a result of elevated inventories in
light of weaker than anticipated consumer demand. Del Monte's
liquidity is weak given these headwinds, and cash needs are
currently high as the company is approaching its pack season
(July-October). The Hanford facility sale in March 2025 provided
incremental cash, but the company is heavily reliant on its ABL
revolver to manage through the pack season, and funding operating
needs including accounts payable.
Moody's projects debt-to-EBITDA leverage to decline to roughly 9x
by the end of fiscal 2026 primarily because of Del Monte's plan to
reduce its inventory and pay down the ABL balance. Deleveraging
will also be supported by cost reduction initiatives, projected
margin improvement in fiscal 2026 as inventory balances normalize.
However, there is risk that volume pressure persists if consumers
continue to change purchasing habits to mitigate the effect of high
grocery prices. Increased promotions may be necessary to reduce
high inventory and this could pressure profits and margins
further.
The ratings also reflect high seasonal cash needs and weak
long-term category fundamentals in US canned fruit and vegetables
with consumers gravitating to fresh produce and other alternatives.
Del Monte is attempting to offset this negative trend by focusing
on innovation outside of the can, such as fruit cups, aseptic broth
and ready to drink beverages. Better innovation requires continual
investment but also strengthens the Del Monte brand if the company
executes well. The company's ratings are supported by the strength
of the Del Monte™ brand, which holds leading shares in core shelf
stable fruits and vegetables, and good execution on recent
strategic initiatives that have reduced the cost structure and
expanded distribution into new channels. The ratings are also
supported by a history of significant liquidity support provided by
the parent company, DMPL. Moody's expects such support will
continue in periods of earnings weakness, when feasible.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects the risk related to maintaining
sufficient liquidity given highly seasonal cash needs and weak
operating performance. The negative outlook also reflects the
execution risk related to Del Monte's ability to stabilize volumes,
reduce costs, improve profitability, reduce leverage and restore
sustainably positive free cash flow over the next 12-18 months
given a challenging demand landscape.
A rating upgrade could occur if Del Monte is able to improve
operating performance including generating positive organic revenue
growth and a significantly higher EBITDA margin with good execution
of inventory reduction and cost savings initiatives. Del Monte
would also need to improve liquidity including higher ABL
availability and positive free cash flow, and meaningfully reduce
leverage.
A rating downgrade could occur if Del Monte's liquidity
deteriorates, free cash flow remains weak, or if the company faces
setbacks related to cost savings initiatives or revenue
stabilization. Ratings could also be downgraded if recovery
prospects weaken or the capital structure limits the company's
reinvestment capacity.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was Consumer
Packaged Goods published in June 2022.
COMPANY PROFILE
Del Monte Foods, Inc., headquartered in Walnut Creek, California,
is a manufacturer and marketer of branded and private label food
products, primarily in the United States. Brands include Del
Monte(TM) in shelf stable fruits, vegetables and tomatoes;
Contadina(TM) in tomato-based products; College Inn(TM) and Kitchen
Basics(TM) in broth and stock products; and S&W(TM) in shelf stable
fruit, vegetable and tomato products. The company generated sales
of $1.7 billion in the LTM period ended January 26, 2025. Del Monte
Foods, Inc. is a wholly owned subsidiary of Del Monte Foods
Holdings Limited, which is in turn approximately 94% owned by Del
Monte Pacific Ltd ("DMPL"). Del Monte Foods Corporation II Inc. is
an indirect wholly owned subsidiary of Del Monte Foods, Inc. DMPL
is publicly traded on the Philippine and Singapore stock exchanges.
DMPL is 71%-owned by NutriAsia Pacific Ltd and Bluebell Group
Holdings Limited, which are beneficially-owned by the Campos family
of the Philippines. Public investors and Lee Pineapple Group (a
pineapple supplier in Malaysia) hold the remaining 29% stake.
DOVGAL EXPRESS: Cash Collateral Hearing Set for May 21
------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois is
set to hold a hearing on May 21 to consider another extension of
Dovgal Express, Inc.'s authority to use cash collateral.
The company's authority to use cash collateral pursuant to the
court's May 8 interim order expires on May 23.
The May 8 order approved the payment of the company's expenses from
the cash collateral in accordance with the budget it filed with the
court.
The order granted the company's lenders replacement liens on their
collateral and authorized the payments to such lenders in
accordance with the budget.
The lenders asserting interests in the cash collateral are 777
Equipment Finance LLC, Alliance Funding Group as servicer for Amur
Equipment Finance Inc., Commercial Credit Group, Inc., Daimler
Truck Financial Services, Equify Financial, M & T Equipment Finance
Corp., Siemens Financial Services, Inc, Stride Bank, Trans Lease
Inc, Transportation Alliance Bank, Inc., Webster Capital Finance,
and Wells Fargo Equipment Finance, Inc.
About Dovgal Express Inc.
Dovgal Express, Inc. is a transportation services provider
specializing in dry van truckload, less-than-truckload, and
refrigerated shipments.
Dovgal Express sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-18991) on Dec. 20,
2024, with $1 million to $10 million in assets and $10 million to
$50 million in liabilities. Oleksandr Dovgal, president of Dovgal
Express, signed the petition.
Judge Timothy A. Barnes handles the case.
The Debtor is represented by:
O Allan Fridman
Law Office Of O. Allan Fridman
Tel: 847-412-0788
Email: allanfridman@gmail.com
DRIVEHUB AUTO: Continued Operation to Fund Plan Payments
--------------------------------------------------------
DriveHub Auto Inc., a/k/a Ryan & Ryan, Inc., filed with the U.S.
Bankruptcy Court for the Middle District of Florida a Subchapter V
Plan of Reorganization dated May 1, 2025.
DriveHub was originally formed as a California for-profit
corporation in 2014 where it was authorized to conduct business
until its registration with the State of Florida in 2020.
The Debtor operates a used car dealership located at: 1117 Tucker
Avenue, Orlando, Florida 32807, which operation includes a repair
facility component, sales office and vehicle lot. The Debtor
anticipates continuing operations at its current location during
the Plan Term.
Over the past several years, Debtor utilized merchant cash advance
loans to fund operational expenses following a slowdown in car
sales and mounting debts associated with ongoing litigation. After
falling behind on payments to its lenders, Debtor struggled to
maintain profitable operations and soon found itself in receipt of
default notices, garnishment writs and demand letters from its
creditors.
Rather than litigate with its creditors in several different
forums, Debtor elected to utilize the Chapter 11 process to recover
funds on hold, restructure its balance sheet, dispute claims, and
pursue causes of action for the benefit of its business, creditors
and estate.
After the Petition Date, Debtor quickly entered into arrangements
with its floorplan lenders to facilitate the continued sale of its
inventory without interruption. DriveHub anticipates that recent
tariffs imposed by the U.S. Government will positively impact
demand and sale prices for used vehicles enabling it to fulfill its
obligations under the Plan.
Class 7 consists of all Allowed General Unsecured Claims against
the Debtor. The Debtor's projected Disposable Income shall be set
forth in a Feasibility Analysis filed contemporaneously with the
Plan and served on all interested parties. In full satisfaction of
the Allowed Class 7 General Unsecured Claims, Holders of Class 7
Claims shall receive a pro rata share of Distributions equivalent
to the Debtor's Disposable Income, which payments shall commence on
the 14th day following the Effective Date.
In a liquidation scenario, the value received by holders of Allowed
Class 7 Claims would be $0.00 as demonstrated by Exhibit "A"
attached hereto as Debtor's vehicle inventory and personal property
is fully encumbered. The maximum Distribution to Class 7
Claimholders shall be equal to the total amount of all Allowed
Class 7 General Unsecured Claims. Class 7 is Impaired.
Class 8 consists of all Allowed General Unsecured Claim of Felipe
Mattos. In exchange for the full value of his Allowed Class 8
Claim, shall receive 100% of the Equity Interests in the Debtor and
shall continue managerial responsibilities of the Debtor's
operation during the Plan Term. Entry of the Confirmation Order
shall effectuate the transfer Interests as contemplated herein
without the need for Mr. Mattos to file or execute any other formal
agreement or documents except those necessary to confirm such
transfer with the State of Florida as applicable. Class 8 is
Impaired.
Class 9 consists of all equity interests in DriveHub Auto, Inc. On
the Effective Date, the Class 9 Interest Holder (i.e., Mr. Yevgen
Arnaut who currently holds 100% of the Interest in the Debtor)
shall relinquish his Interests to Mr. Mattos. Class 9 is Impaired.
The Plan contemplates the Debtor will continue to manage and
operate its business in the ordinary course, but with restructured
debt obligations. It is anticipated the Debtor's postconfirmation
business will mainly involve continued operation of its used car
dealership, the income from which will be committed to make the
Plan Payments to the extent necessary.
Commencing on the Effective Date, the Debtor's operation will be
managed by Mr. Mattos, who currently serves as the Debtor's co
manager and is familiar with all material aspects of the Debtor's
operation and its Chapter 11 case. Mr. Mattos has agreed to receive
100% of the Interests in the Debtor in exchange for his Allowed
Class 8 Claim, which exchange: (i) lowers the aggregate amount of
Class 7 Claims; (ii) resolves a significant Claim without use of
the Debtor's cash on hand or Disposable Income; and (iii)
facilitates the Debtor's reorganization effort.
Funds generated from the Debtor's operations through the Effective
Date and any receipts from Causes of Action will be used for Plan
Payments; however, the Debtor's cash on hand as of Confirmation
will be available for payment of Administrative Expenses.
A full-text copy of the Subchapter V Plan dated May 1, 2025 is
available at https://urlcurt.com/u?l=YqeVxv from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Daniel A. Velasquez, Esq.
Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Ave., Suite 1400
Orlando, FL 32801
Telephone: (407) 481-5800
Facsimile: (407) 481-5801
About DriveHub Auto Inc.
DriveHub Auto Inc. is a used car dealership located in Orlando,
Fla., offering pre-owned vehicles to customers.
DriveHub Auto filed a Chapter 11 petition (Bankr. M.D. Fla. Case
No. 25-00594) on Jan. 27, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Grace E. Robson handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq., at Latham,
Luna, Eden & Beaudine, LLP.
Secured creditor XL Funding, LLC is represented by:
Eric B. Zwiebel, Esq.
Emanuel & Zwiebel, PLLC
7900 Peters Road
Building B, Suite 100
Plantation, FL 33324
eric.zwiebel@emzwlaw.com
EAST COAST FOODS: 9th Circ. Dismisses Ex-Bankruptcy Trustee's Suit
------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that the U.S. Court
of Appeals for the Ninth Circuit ruled Friday, May 16, 2024, that
East Coast Foods, Inc. does not have standing to bring a lawsuit
against its former Chapter 11 trustee for actions taken during its
bankruptcy proceedings.
The court upheld a prior decision by the bankruptcy appellate
panel, which had agreed with a California bankruptcy court's
dismissal of the case on the grounds that the company lacked
standing to sue, according to Bloomberg Law.
East Coast Foods, which manages several Roscoe's House of Chicken &
Waffles restaurants, filed for Chapter 11 bankruptcy in 2016. As
part of its reorganization plan, a litigation trust was
established, with a designated trustee responsible for pursuing
legal claims, the report states.
About East Coast Foods
East Coast Foods Inc., a California corporation, is the owner and
operator of four Roscoe' Chicken N' Waffles restaurants in Los
Angeles area.
East Coast Foods sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. C.D. Cal. Case No. 16-13852) on March 25,
2016. In the petition signed by Herbert Hudson, president, the
Debtor estimated assets of $0 to $50,000 and debts of $10 million
to $50 million.
The Debtor is represented by Vakhe Khodzhayan, Esq., at KG Law,
APC.
The case is assigned to Judge Sheri Bluebond.
The Office of the U.S. Trustee on April 29, 2016, appointed five
creditors to serve on an official committee of unsecured creditors.
The Committee tapped
Smiley Wang-Ekvall, LLP, as legal counsel.
Bradley D. Sharp was appointed Chapter 11 trustee of the Debtor's
estate on Sept. 28, 2016. The Trustee tapped Danning, Gill,
Diamond & Kollitz LLP as legal counsel.
EMILY L. LONGWITH: Unsecureds Will Get 12.17% over 5 Years
----------------------------------------------------------
Emily L. Longwith, DDS, MSD, PLLC and affiliates submitted a Third
Amended Plan of Reorganization dated May 1, 2025.
The Debtors' Plan of Reorganization provides for the continued
operations of the Debtors to make payments to its creditors as set
forth in this Plan.
The Debtors propose to pay allowed unsecured based on the
liquidation analysis and cash available. Debtors anticipate having
enough business and cash available to fund the plan and pay the
creditors pursuant to the proposed plan. It is anticipated that
after confirmation, the Debtors will continue in business. Based
upon the projections, the Debtors believes it can service the debt
to the creditors.
The Debtors will continue operating its business. The Debtors' Plan
will break the existing claims into six classes of Claimants. These
claimants will receive cash repayments over a period of time
beginning on or after the Effective Date.
Class 5 consists of Allowed Unsecured Claims. All allowed unsecured
creditors shall receive a pro rata distribution at zero percent per
annum over the next five years according to the projections in
Exhibit A. Creditors shall receive quarterly disbursements based on
the projection distributions of each 12-month period with the first
quarterly payment shall be due 90 days after the Effective Date.
Debtors will distribute $83,061.35 to the general allowed unsecured
creditor pool over the 5-year term of the plan, including the
under-secured claim portions.
The Debtors' General Allowed Unsecured Claimants will receive
12.17% of their allowed claims under this plan. Any potential
rejection damage claims from executory contracts that are rejected
in this Plan will be added to the Class 5 unsecured creditor pool
and will be paid on a pro-rata basis. The allowed unsecured claims
total $682,354.61.
Class 6 Equity Interest Holders. The current owners will receive no
payments under the Plan; however, they will be allowed to retain
ownership in the Debtors. Class 6 Claimants are not impaired under
the Plan.
The Debtors anticipate the continued operations of the business to
fund the Plan.
The projections of the future business operations are attached
hereto as Exhibit "A". The Debtors believes that the projections
are accurate based upon the accounts receivable and the work
currently on the books. The Debtor's projections over the last 90
days have been trending upwards and reflective the projected
operations. The projections were revised to reflect current trends
of increased patient numbers and thus the projected increase in
revenue.
A full-text copy of the Third Amended Plan dated May 1, 2025 is
available at https://urlcurt.com/u?l=ZlXZvT from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Robert C. Lane, Esq.
Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Tel: (713) 595-8200
Fax: (713) 595-8201
Email: notifications@lanelaw.com
About Emily L. Longwith, DDS, MSD, PLLC
Emily L. Longwith, DDS, MSD, PLLC is a dental practice specializing
in orthodontics, led by Dr. Emily L. Longwith. The practice focuses
on providing comprehensive orthodontic care, including traditional
braces, clear aligners, and other dental treatments to improve
patients' oral health and smiles.
Emily L. Longwith, DDS, MSD, PLLC, filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Tex. Case No. 24-33979) on Aug. 29, 2024.
The Debtor hired Lane Law Firm PLLC as counsel.
ENDURE DIGITAL: Saratoga CLO Marks $2.4M Loan at 31% Off
--------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $2,412,500 loan extended to Endure Digital, Inc. to
market at $1,668,654 or 69% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan B to Endure Digital,
Inc. The loan accrues interest at a rate of 1M USD SOFR+ 3.50% per
annum. The loan matures on February 10, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Endure Digital, Inc.
Endure Digital (Web.com and Endurance), is a leading provider of
internet domain name registrations, web hosting and website
building tools to small businesses. The combined company will have
an expanded portfolio of leading web services brands, which include
Bluehost, Network Solutions, and Web.com as well as other regional
and complimentary brands. Moody's projects pro forma revenue in
excess of $1 billion in 2020. Clearlake and Siris will be majority
shareholders of the combined company.
ENPRO INDUSTRIES: Moody's Rates New Unsec. Notes Due 2033 'Ba3'
---------------------------------------------------------------
Moody's Ratings assigned a Ba3 senior unsecured rating to EnPro
Industries, Inc.'s (EnPro) new senior unsecured notes due 2033.
There was no change to EnPro's Ba2 corporate family rating, Ba2-PD
probability of default rating, speculative grade liquidity rating
of SGL-1, or the stable outlook.
EnPro will utilize proceeds from the $450 million of senior
unsecured notes to repay its existing $350 million senior unsecured
notes due 2026 and reduce borrowings under its recently amended
$800 million revolving credit facility expiring 2030. EnPro's
revolving credit facility was recently utilized to pay down its
existing term loan borrowings.
RATINGS RATIONALE
The Ba2 CFR reflects EnPro's good revenue scale, brand strength,
and diversified end-markets, which include general industrial,
semiconductors, food & pharmaceuticals, heavy duty trucking,
automotive and aerospace and energy. Over half of the company's
business is aftermarket-related, which provides revenue stability
and helps mitigate some of the company's more cyclical end markets,
such as semiconductors, heavy duty trucking, and automotive.
Moody's expects EnPro to maintain strong credit metrics –
debt/EBITDA was 2.7x at the end of March 2025 -- and good cash
generation with FCF/debt at least in the mid single-digits through
2025.
Moody's expects EnPro to maintain an active acquisition strategy
with a focus on high growth technology-related businesses.
Acquisitions may result in periodic increases in leverage, although
Moody's expects the company to prioritize debt repayment to restore
metrics after any leveraging transaction, such that debt/EBITDA
reverts to around 3x.
Moody's recognizes EnPro's efforts to reshape its portfolio through
a series of divestitures and acquisitions. Over the last few years,
the company's shift from higher-capex, slower-growth businesses has
resulted in a marked improvement in profitability, with its
adjusted EBITDA margin having grown from the mid-to-high teens to
around 25% as of March 2025.
Tempering considerations include the company's vulnerability to
supply chain and inflationary cost headwinds. Credit risks also
include EnPro's modest size and scale and on-going portfolio
reshaping that involves costs. The cyclical nature of the
semiconductor market is also a ratings consideration.
The stable outlook reflects Moody's expectations that EnPro will
maintain a well-balanced financial policy, with debt/EBITDA of
around 3.0x. Moody's also expects that the company will maintain a
healthy EBITDA margin of around 25% and good liquidity.
The SGL-1 rating denotes Moody's expectations for very good
liquidity over the next 12-18 months. The company held $240 million
of cash at March 31, 2025. Moody's expects good free cash
generation in 2025 with FCF/debt at least in the mid single-digits.
External liquidity is provided by Enpro's $800 million revolving
credit facility that expires in April 2030. Moody's estimates
approximately $200 million to be drawn after refinancing the notes.
The revolver contains two maintenance-based financial covenants,
including a maximum net leverage ratio of 4.0x and a minimum
consolidated interest coverage of 2.5x. Moody's expects EnPro to
maintain ample cushion with respect to these covenants.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded following a material increase in the
company's size with debt/EBITDA approaching 2.5x and FCF/debt
sustained in the high single-digits. The ratings could be
downgraded if the company adopts a more aggressive financial policy
such that debt/EBITDA is sustained near 4.0x. Weakening liquidity,
including FCF/debt sustained in the low single-digits or negative
free cash flow or a sustained material reliance on the revolver
could also result in a downgrade.
Charlotte, North Carolina based EnPro Industries, Inc. (EnPro)
manufactures and markets a variety of proprietary engineered
products, including sealing products, specialized optical filters
and thin-film coatings for various end markets including the
semiconductor, industrial technology, and life sciences end
markets. The company also manufactures and markets heavy duty truck
wheel-end component systems; self-lubricating non-rolling bearing
products; and other engineered products for use in critical
applications by industries worldwide. Revenue for the twelve months
ended March 2025 was around $1.1 billion.
The principal methodology used in these ratings was Manufacturing
published in September 2021.
EOS US FINCO: Saratoga CLO Marks $950,000 Loan at 58% Off
---------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $950,000 loan extended to EOS U.S. FINCO LLC to market
at $397,813 or 42% of the outstanding amount, according to Saratoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to EOS U.S. FINCO LLC.
The loan accrues interest at a rate of 6M USD SOFR+ 6.00% per
annum. The loan matures on October 9, 2029.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About EOS U.S. FINCO LLC
EOS U.S. FINCO LLC is focused on providing transportation and cargo
services.
EVEREST LENDING: Updates Restructuring Plan Disclosures
-------------------------------------------------------
Everest Lending Group, LLC, submitted a Disclosure Statement to
accompany Amended Plan dated May 2, 2025.
The Plan is to be implemented by the reorganized Debtor through
future income based on projected growth of revenue from mortgage
loans.
Like in the prior iteration of the Plan, Class 2 Unsecured alleged
litigation claims of Rocket Mortgage and Princeton Mortgage shall
be paid $50,000.00 with 60 monthly payments of $833.33. The claim
of Princeton Mortgage Corporation in the amount of $16,955.00 shall
be paid over 60 months at $282.58 per month. This Class is
impaired.
Class 4 consists of General Unsecured De Minimis Claims Not in
Excess of $500.00. Unsecured Claim of PA Department of Revenue in
the amount of $115.82 shall be paid in full within 30 days of
confirmation of Plan.
Source of funds for plan payments will be derived from Debtor's
Income. Owner will make up any shortfall in plan funding.
A full-text copy of the Disclosure Statement dated May 2, 2025 is
available at https://urlcurt.com/u?l=MRQF28 from PacerMonitor.com
at no charge.
Everest Lending Group, LLC, is represented by;
Brian C. Thompson, Esq.
Thompson Law Group, PC
125 Warrendale Bayne Road, Suite 200
Warrendale, PA 15086
Tel: (724) 799-8404
Fax: (724) 799-8409
Email: bthompson@thompsonattorney.com
About Everest Lending Group
Everest Lending Group, LLC, is a business engaged in lending funds
for residential real estate.
The Debtor filed a Chapter 11 bankruptcy petition (Bankr. W.D. Pa.
Case No. 24-21018) on April 26, 2024, disclosing under $1 million
in both assets and liabilities. The Debtor is represented by
THOMPSON LAW GROUP, P.C.
FORMING MACHINING: S&P Withdraws 'CCC' Issuer Credit Rating
-----------------------------------------------------------
S&P Global Ratings withdrew all of its ratings on Forming Machining
Industries Holdco LLC (FMI), including the 'CCC' issuer credit
rating, at the request of the issuer. At the time of withdrawal, a
group of investors acquired the company's senior secured debt.
S&P's outlook on the company was negative at the time it withdrew
the ratings.
FRANCHISE GROUP: Saratoga CLO Marks $3 Million Loan at 50% Off
--------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $3,041,686 loan extended to Franchise Group, Inc. to
market at $1,517,041 or 50% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan B to Franchise Group,
Inc. The loan accrues interest at a rate of 3M USD SOFR+ 4.75% per
annum. The loan matures on March 10, 2026.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Franchise Group, Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
FRANCHISE GROUP: Saratoga CLO Marks $827,000 Loan at 50% Off
------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $827,674 loan extended to Franchise Group, Inc. to
market at $412,802 or 50% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a First Out Term Loan to Franchise
Group, Inc. The loan accrues interest at a rate of 6M USD SOFR+
4.75% per annum. The loan matures on March 10, 2026.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Franchise Group, Inc.
Franchise Group, Inc., through its subsidiaries, operates
franchised and franchisable businesses including The Vitamin
Shoppe, Pet Supplies Plus, LLC, Badcock Home Furniture & More,
American Freight, Buddy's Home Furnishings and Sylvan Learning
Systems, Inc.
GLOBAL INFRASTRUCTURE: S&P Upgrades ICR to 'BB', Outlook Stable
---------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Global
Infrastructure Solutions Inc. (GISI) to 'BB' from 'BB-'. The
outlook is stable.
S&P said, "The stable outlook reflects our expectation that GISI
will continue to show steady organic growth, margin stability, and
solid cash flows. We anticipate this will allow the company to
maintain debt to EBITDA in the 1.5x-2.0x range over the next couple
of years.
"We expect GISI's business strategy will support sustained revenue
growth and steady profit margins. Over the past few years, GISI has
shown a steady operating performance with organic revenue growth of
near 10% on average for the past five years. The company's
strategic expansion into health care, data centers and
infrastructure markets are key growth drivers and enhance its
end-market diversification. We expect that GISI's $24.8 billion
backlog diversified across high-growth end markets will allow it to
maintain mid- to high-single-digit percent revenue growth reaching
about $15 billion in 2025."
GISI's business is a combination of construction services primarily
in the U.S. and consulting services in the U.S. and in several
international markets. GISI generates the majority of its revenue
from construction services (85%), for which the company relies on a
fully outsourced labor force through a large network of
subcontractors. S&P said, "Although we consider the highly
competitive environment as a key risk to growth and margin
expansion, we see GISI's scale and cost structure as a credit
positive given its ability to flex labor cost (its largest cost) as
needed, exhibiting historically low volatility. Under our base
case, we expect GISI will exhibit sustained revenue growth through
our forecast period. We believe its cost structure flexibility is a
credit positive particularly under economic downturns that could
result in project delays or cancellations."
S&P said, "We expect GISI's growth strategy to increasingly focus
on its higher-value and high-margin consulting services business
(15%), but we expect revenue mix will shift only modestly over the
next couple of years. As a result, we expect S&P Global
Ratings-adjusted EBITDA margins at 2.9% in 2025 and 3% in 2026.
Additional margin upside will depend upon the consulting services'
growth pace. The consulting services backlog has grown consistently
since 2020 and now accounts for near 20% of total backlog. However,
we anticipate incremental G&A (General & Administrative) expenses
to support the segment's growth, will partially offset gross profit
gains over the next two years.
"We see GISI's reliance on subcontractors as a constraint to margin
expansion and we expect EBITDA margins will remain thinner relative
to our broader engineering and construction (E&C) rated universe
(6%-11% range). However, we expect these will continue to exhibit
low volatility, as risks for cost overruns are transferred to the
subcontractor and customers and mitigated through subcontractor
default insurance, while many are repeat subcontractors with whom
the company maintains long-standing relationships. The company has
a track record of managing risk effectively with only a few
projects at loss position of more than $1 million. GISI's bonding
capacity was recently expanded to $5 billion, which we consider
speaks to the company's track record to deliver projects on-time
and on-budget and to its financial flexibility.
"GISI's employee-owned structure and subcontractor approach results
in sound cash conversion and supports stability of credit metrics.
We estimate GISI's sound cash conversion will support the company's
ability to fund growth initiatives with internally generated cash
flows. At year-end 2024 GISI generated S&P Global Ratings-adjusted
free operating cash flow (FOCF) of $275 million. We see the
company's track record of cash conversion (65% on average over the
past five years) as sustainable in the next few years supported by
its nearly matched collections and payables, as per its
subcontractor structure. At the same time, GISI runs on a light
asset base model and has minimal capital expenditure (capex) needs.
As a result, the company's EBITDA conversion to FOCF is sound and
stood at 68% at year-end 2024."
The company distributes the majority of its free cash flows to
shareholders through a modest dividend payout and regular share
repurchases. Distributions have increased as a proportion of FOCF
over time as the company and its consulting services employee base
has scaled, and we expect this trend to continue. Total
distributions increased from 23% in 2020 to 140% in 2024 (inclusive
of a one-time large repurchase previously anticipated) while
employee base increased from 4,000to 15,700 over the same period.
As per its employee-ownership structure GISI issues equity that
partially offsets distributions and allows it to maintain ample
liquidity. As a result, S&P does not anticipate the company will
incur incremental debt (other than draws from its revolving line)
over the next couple of years and we estimate S&P Global
Ratings-adjusted debt to EBITDA will remain in the 1.5x-2x through
2026 and discretionary cash flows defits (inclusive of shareholder
distributions) in the low-to-mid-single digit percents.
The upgrade incorporates an upward revision to its business risk
profile and S&P's view that cash is available to repay debt
Over the past few years GISI solidified its market position and
expanded its addressable market as suggested by its increased
revenue base (doubled in the 2020 to 2025 period) and enhanced
diversification into more resilient and high-growth end markets
including healthcare, mission critical and infrastructure (36% of
2024 revenue) and shifting away from its overweight to corporate
interiors (22% of 2024 revenue, down from 59% in 2020). S&P said,
"In addition, we see GISI's broadened service offering with an
expanded platform of its value-added and higher-margin consulting
services business, as a credit positive. Through this platform, the
company added a number of international markets (12% of 2024
revenue, up from 6% in 2020) and public sector customers while
supporting margin expansion (S&P Global Ratings' adj. EBITDA
margins at 2.9% in 2024, up from 2.5% in 2020). We revised our
business risk profile assessment on GISI to Fair from Weak and we
believe its accessible cash is available to repay debt. As a
result, we now calculate debt on a net of cash basis leading to
improved leverage metrics by 1.5x."
The stable outlook reflects S&P's expectation that GISI platform
will continue to show steady organic growth, margin stability, and
solid cash flows. We anticipate this will allow the company to
maintain debt to EBITDA in the 1.5x-2.0x range over the next couple
of years.
S&P could lower its ratings on GISI if:
-- It increases its shareholder distributions such that it
requires to incur incremental debt resulting in weaker credit
protection measures;
-- S&P Global Ratings adjusted debt to EBITDA increases to above
3x and S&P expects it will be sustained at that level for more than
12-months with FOCF to debt declining below 15%; or
-- Operating performance weakens pressuring margins, perhaps
because of G&A outpacing growth expectations for the consulting
business and adding volatility to profitability measures.
S&P could raise its ratings on GISI if:
-- The company executes its growth strategy and is able to grow
margins towards the mid-single-digit percent area, closer to that
of peers' averages achieving higher earnings; and
-- S&P Global Ratings-adjusted discretionary cash flow to debt
improves to and is sustained above 10% while debt to EBITDA and
FOCF to debt remain below 2x and about 20%, respectively.
GOLDEN WEST: Saratoga CLO Marks $1.7 Million Loan at 19% Off
------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,775,000 loan extended to Golden West Packaging Group
LLC. to market at $1,434,786 or 81% of the outstanding amount,
according to Saratoga CLO's Form 10-K for the fiscal year ended
February 28, 2025, filed with the U.S. Securities and Exchange
Commission.
Saratoga CLO is a participant in a Term Loan to Golden West
Packaging Group LLC. The loan accrues interest at a rate of 6M USD
SOFR+ 5.25% per annum. The loan matures on December 1, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Golden West Packaging Group LLC
City of Industry, California-based Golden West Packaging Group LLC
is an independent converter of corrugated packaging, serving
various end-markets. The company has been formed by private equity
firm Lindsay Goldberg in 2017 through the combination of four
packaging companies and their captive sheet feeder.
GOOD EARTH: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: Good Earth Staging LLC
5530 Newpark Mall
Newark CA 94560
Case No.: 25-40844
Business Description: Good Earth Staging LLC is a home staging and
interior design company based in Newark,
California. It provides services including
full and partial home staging, interior
design, moving and storage solutions, as
well as cleaning and professional
photography. The Company serves homeowners,
realtors, investors, and developers across
the San Francisco Bay Area.
Chapter 11 Petition Date: May 15, 2025
Court: United States Bankruptcy Court
Northern District of California
Judge: Hon. Charles Novack
Debtor's Counsel: Gopal Krishan, Esq.
ALLIED LEGAL PC
627 E Calaveras Blvd, Suite 1015
Milpitas CA 95035
Tel: 510-600-3083
Email: Gopal@alliedlegal.us
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Deepak Shah as managing member.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/NPSLYUQ/Good_Earth_Staging_LLC__canbke-25-40844__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YEM2YAQ/Good_Earth_Staging_LLC__canbke-25-40844__0001.0.pdf?mcid=tGE4TAMA
GOTO GROUP: Saratoga CLO Marks $1.7 Million Loan at 19% Off
-----------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,719,812 loan extended to Goto Group Inc. to market at
$832,389 or 81% of the outstanding amount, according to Saratoga
CLO's Form 10-K for the fiscal year ended February 28, 2025, filed
with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Second Out Term Loan to Goto
Group Inc. The loan accrues interest at a rate of 63M USD SOFR+
4.75% per annum. The loan matures on April 30, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Goto Group Inc.
GoTo, formerly LogMeIn Inc., is a flexible-work provider of
software as a service and cloud-based remote work tools for
collaboration and IT management.
GRANT ANTIQUES: Case Summary & 10 Unsecured Creditors
-----------------------------------------------------
Debtor: Grant Antiques, Inc.
5900 B South
US Hwy 1
Grant, FL 32949
Business Description: Grant Antiques Inc. operates as an antique
mall offering a wide range of antiques,
collectibles, and vintage items. The
Company is based in Grant, Florida, with
additional presence in Fort Pierce, Florida.
It is registered as a Florida corporation
and serves antique enthusiasts through its
multiple dealer booths and consignment
sales.
Chapter 11 Petition Date: May 15, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-02931
Judge: Hon. Grace E Robson
Debtor's Counsel: Brian K. McMahon, Esq.
BRIAN K. MCMAHON, PA
1401 Forum Way
Suite 730
West Palm Beach, FL 33401
Tel: 561-478-2500
E-mail: briankmcmahon@gmail.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Elizabeth Mendez as president.
A full-text copy of the petition, which includes a list of the
Debtor's 10 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KESPDXY/Grant_Antiques_Inc__flmbke-25-02931__0001.0.pdf?mcid=tGE4TAMA
GREEN SAPPHIRE: Case Summary & 10 Unsecured Creditors
-----------------------------------------------------
Debtor: Green Sapphire Holdings, Inc.
f/d/b/a Organic Fuels Holdings, Inc.
18 West 140 Butterfield Road, Suite 1500
Oakbrook Terrace, IL 60181
Business Description: The Company provides specialized financial
investment services, including portfolio
management and investment advisory,
operating within the broader financial
sector.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-07412
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: Steven B. Chaiken, Esq.
ADELMAN & GETTLEMAN, LTD.
53 West Jackson Boulevard
Suite 1050
Chicago, IL 60604
Tel: 312-435-1050
Email: sbc@ag-ltd.com
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Garrett Vail as authorized
representative of the Debtor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/APFAO7I/Green_Sapphire_Holdings_Inc__ilnbke-25-07412__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 10 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Access Management, Civil Litigation Unknown
S.A.S., Inc.
c/o Cayman Mgt. Ltd.,
Governors Square,
2nd Fl., 23 Lime Tree
Bay Ave.,
P.O. Box 1569, Grand
Cayman KY-1110
Cayman Islands
2. Avocat Lecocqassociate Legal Fees $72,160
Avenue de la
Gare-des-Eaux-Vives
28
CH-1208 Geneva
Switzerland
Dominique Lecocq
Tel: +971-4242-784
Email: drl@lecocqassociate.com
3. Citrin Cooperman Professional Unknown
123 N. Wacker Dr. Services
Suite 1400
Chicago, IL 60606
Gregg Wirtschoreck
Tel: 312-726-8353
Email: gwirtschoreck@citrincooperman.com
4. Dominion Bank Guarantee Unknown
17304 Preston Rd. Obligation
Suite 1100
Dallas, TX 75252
Stephanie Velasquez
Tel: 469-501-5980
Email: svelasquez@dominionbanking.com
5. Global Capital Civil Litigation Unknown
Partners, LLC
c/o Cayman Mgt. Ltd.,
Governors Square,
2nd Fl., 23 Lime Tree
Bay Ave.,
P.O. Box 1569, Grand
Cayman KY-1110
Cayman Islands
6. Halloran, Farkas & Kittila LLP Legal Fees $235,891
5722 Kennett Pike
Wilmington, DE 19807
Theodora Kittila
Tel: 302-257-2025
Email: tk@hft-law.com
7. Paul Cottin Legal Fees Unknown
Cottin Avocat
Les Galeries du Commerce,
BP-1379, Saint-Jean
97133
Saint Barthelemy
+590 (0)5 90 27 75 71
+590 (0)6 90 52 86 96
Email: cottinavocats@gmail.com
8. Regus Rent Unknown
One Lincoln Centre
18 West 140
Butterfield Road
Suite 1500
Oak Brook, IL 60181
Tel: +1 845-466-1022
9. Ryan Cicoski Alleged Unknown
2167 Pikeland Road Promissory
Malvern, PA 19355 Note
Ryan Cicoski
Tel: 331-218-5719
Email: rcicoski@hotmail. com
10. Selas CHV Law Firm Legal Fees Unknown
Attn: Charles-Hubert
V
Centre La Savane,
Lieudit Saint-Jean,
97133
Saint-Barthelemy
Charles-Hubert Vanoverberghe
Tel: +33-6-87-48-4100
Email: contact@chv-lawfirm.com
HAPPYNEST REIT: Assurance Dimensions Raises Going Concern Doubt
---------------------------------------------------------------
HappyNest REIT, Inc. disclosed in a Form 1-K Report filed with the
U.S. Securities and Exchange Commission for the fiscal year ended
December 31, 2024, that its auditor expressed substantial doubt
about the Company's ability to continue as a going concern.
Margate, Florida-based Assurance Dimensions, the Company's auditor,
issued a "going concern" qualification in its report dated April
30, 2024, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that for the year ended
December 31, 2024, the Company generated negative cash flows from
operations of $127,442, has a net loss of $214,312, and has an
accumulated deficit of $820,816. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
HappyNest said, "We require capital to fund our investment
activities and operating expenses. Our capital sources may include
net proceeds from the Offering, cash flow from operations and
borrowings under loans and credit facilities."
"As of December 31, 2024, the Company had operating capital of
$42,520 resulting from current assets of $2,850,518 less
non-operating current assets of $2,807,998. For the foreseeable
future we will be dependent upon our ability to finance our
operations from the sale of equity or other financing alternatives.
Our principal demands for funds will be to purchase real estate
properties and make other real estate investments, for the payment
of operating expenses and distributions, and for the payment of
principal and interest on any indebtedness we incur. Although we
depend upon the net proceeds from the sale of our shares of common
stock to conduct substantially all of our operations, we may fund
our capital requirements from a variety of other sources."
"As of December 31, 2024, our indebtedness primarily consisted of
expenses reimbursable to our affiliates for the costs incurred by
us in connection with our organization and our Offering, fees
payable to our affiliates that we incurred in connection with the
acquisitions of our investment properties, as well as stock-based
compensation expenses and redemptions payable."
"The continuation of the Company as a going concern is dependent
upon successful financing through equity investors and profitable
investment opportunities expected to have long-term benefits."
"Once we have acquired a substantial portion of our real estate
portfolio with the proceeds from our Offering, we expect that our
debt ratio will not exceed 50% (before deducting depreciation or
other non-cash reserves). Although our borrowing policy is not to
exceed 50% of the portfolio's net assets (equivalent to 50% of the
cost of our assets), we have imposed no limitation on the amount we
may borrow for the purchase of individual assets. For example,
HappyNest may take on a property level loan at 65% loan-to-cost
(LTC) so long as our total portfolio's debt ratio, including all
debt financings and other liabilities, does not exceed our
limitations. Any debt financing for investments that will render
our debt ratio in excess of 50% must be approved by a majority of
our independent directors, or our Conflicts Committee, and
disclosed to our stockholders in any subsequent public reports."
"In order to qualify as a REIT for income tax purposes we are
required to pay minimum annual distributions to our stockholders of
at least 90% of HappyNest's taxable income (computed without regard
to the dividends paid deduction and excluding net capital gain). We
intend for our investments to provide sufficient available cash
flow from operations to pay distributions. Our Advisor may deem,
from time to time, our then-current financial condition capable of
supporting distributions in excess of the minimum distribution
amount. In the event we are required to pay dividends prior to
having invested a substantial portion of the net proceeds from our
Offering, our Sponsor or Advisor may choose, at their sole
discretion, to defer reimbursements and fees due to them in order
to increase the capital available for distributions to
stockholders. The amount and frequency of fee reimbursements to our
Sponsor and Advisor may adversely impact our ability to make future
distributions and requires approval of the majority of our
independent directors or our Conflicts Committee prior to payment.
As of December 31, 2024, our Sponsor has deferred its right to
payment in reimbursement for the costs incurred by it or its
affiliates in connection with our organization and our Offering."
"Although we depend upon the net proceeds from the sale of our
shares of common stock to conduct substantially all of our
operations, we may fund our capital requirements from a variety of
other sources," the Company concluded.
A full-text copy of the Company's Form 1-K is available at:
https://tinyurl.com/bdcj8df5
About HappyNest REIT
Annapolis, Maryland-based HappyNest REIT, Inc. is a real estate
investment trust that focuses primarily on acquiring a diverse
portfolio of commercial real estate properties through direct
ownership structures and limited partnerships with existing
operators.
As of December 31, 2024, the Company had $2,850,518 in total
assets, $672,958 in total liabilities, and $2,177,560 in total
stockholders' equity.
HARMONY COVE: Tarek Kiem Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 21 appointed Tarek Kiem, Esq., at Kiem
Law, PLLC as Subchapter V trustee for Harmony Cove, LLC.
Mr. Kiem will be paid an hourly fee of $300 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Kiem declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tarek Kiem, Esq.
Kiem Law, PLLC
8461 Lake Worth Road, Suite 114
Lake Worth, FL 33467
Tel: (561) 600-0406
Email: tarek@kiemlaw.com
About Harmony Cove
Harmony Cove, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14846) on April 30,
2025, with $10,000,001 to $50 million in assets and $1,000,001 to
$10 million in liabilities.
Judge Scott M. Grossman presides over the case.
HEALTHCHANNELS INTERMEDIATE: Moody's Withdraws 'Caa3' CFR
---------------------------------------------------------
Moody's Ratings withdrew the ratings for HealthChannels
Intermediate Holdco, LLC, including the company's Caa3 corporate
family rating, Caa3-PD probability of default rating, Caa3
instrument-level rating on the senior secured first lien bank
credit facility, and the stable outlook.
RATINGS RATIONALE
Moody's have decided to withdraw the rating(s) because Moody's
believes Moody's have insufficient or otherwise inadequate
information to support the maintenance of the rating(s).
The company's term loan, which comprised its entire capital
structure, matured on April 3rd, 2025, and Moody's have not been
able to confirm the status of the loan.
Headquartered in Fort Lauderdale, FL, HealthChannels provides
medical scribing services to hospitals and physician staffing
companies. HealthChannels is majority-owned by private equity firm
Vesey Street Capital Partners, LLC. The company generates annual
revenues of approximately $250 million.
HRNI HOLDINGS: Fitch Alters Outlook on 'B' LongTerm IDR to Stable
-----------------------------------------------------------------
Fitch Ratings has revised HRNI Holdings, LLC's (HRNI) Rating
Outlook to Stable from Positive. Fitch has also affirmed HRNI's
Long-Term Issuer Default Rating (IDR) at 'B' and the senior secured
term loan B at 'BB-' with a Recovery Rating of 'RR2'.
The Stable Outlook reflects its expectation that HRNI will face
operational softness over the near term as it moves to a
one-gaming-license structure, resulting in higher taxes, and
challenges at its single-site property from the ramp up of PCI's
recently opened Wind Creek Chicago Southland casino nearby, keeping
EBITDA leverage elevated at about 5.0x until 2026. However, Fitch
believes HRNI can defend its strong market position in the greater
Chicagoland market over the longer term, while generating FCF in
the low single digits.
HRNI's IDR reflects its 'b-' Standalone Credit Profile (SCP) with a
one-notch uplift due to its relationship with Seminole Hard Rock
Entertainment, Inc. (BBB/Stable).
Key Rating Drivers
Moderate Leverage to Increase: HRNI's EBITDA leverage decreased to
4.2x in 2024 from 4.7x the prior year, due to mandatory
amortization under its term loan. Fitch anticipates leverage to
increase to about 5.0x in 2025, attributed to the transition from a
two-license to a one-license structure midyear, which will increase
gaming taxes under Indiana's progressive tax system. In addition,
competition from PCI's Wind Creek Chicago Southland casino, which
opened last November and is located a short drive from HRNI, will
likely affect HRNI's customer base as PCI expands its marketing
efforts. Some weakness in the regional markets is also expected to
compress EBITDA.
In 2026, leverage is projected to remain stable as the full-year
impact of increased gaming taxes influences HRNI, though it will be
counterbalanced by the required term loan amortization.
Subsequently, Fitch expects leverage to sequentially taper to about
4.5x as the steady annual 5% ($20.8 million) debt repayment under
the term loan normalizes leverage to some extent.
Competitive Pressure: HRNI will face some competition from new
properties. The recent opening of PCI's Wind Creek facility near
the Illinois-Indiana border directly competes with HRNI's strong
presence. In addition, Bally's permanent casino, while farther
away, could drive some softness eventually. The remaining 14
Illinoisan casino license holders are situated further away and do
not pose much of a threat. Fitch's base case does not contemplate a
large increase to the Illinois market, thereby assuming some
cannibalization.
In the Chicagoland region, HRNI's nearest competitors are Ameristar
and Horseshoe Hammond, both in Lake County (Illinois), and to some
extent the smaller Blue Chip in LaPorte County (Indiana), all of
which have donated market share since HRNI's opening in mid-2021.
The two casinos in Illinois' Joliet County (Hollywood and Harrah's)
have also lost market share over the past two years, with the
former experiencing a larger contraction.
Lack of Diversification: HRNI operates a single property in
Indiana's competitive market, but it is subject to new supply risk,
limiting rating upside as future cash flow generation can be
challenged. Most single-site operators are rated in the single 'B'
category unless there are unique end-market dynamics. These include
monopolistic positions, being a clear market leader, or having a
conservative balance sheet. HRNI's geographic concentration offsets
decent leverage and credit metrics.
Strong Market Position: HRNI has taken market share from nearby
participants such as Ameristar and Horseshoe Hammond since its
opening in May 2021. It benefits from its proximity to the highway,
brand recognition, and quality of offerings, resulting in
win-per-day metrics above area averages. Bally's temporary casino
in Medinah Temple has had only a marginal impact on HRNI, and while
its $1.7 billion permanent integrated resort project, likely
opening in 2027, could have some effect, it will not be
substantial. The new casino may grow the market slightly but its
location in downtown Chicago will likely not incentivize suburban
dwellers to consistently return to the city during weekends.
Tepid Regional Gaming Outlook: Fitch anticipates regional gaming to
moderate sequentially in 2025, relatively in line with a
low-single-digit decline in 2024, following the highs of the prior
two years. This moderation is due to softness in the lower-end
segment of the consumer database (both visitation and spend) as
discretionary income tightens for value-oriented guests. Indiana is
also expected to continue facing competition from sportsbooks in
cross-border gaming venues such as Ohio and Kentucky, which
legalized sports betting in 2023 and compete with its land-based
sports betting offering.
SHRE Relationship Positive: Fitch applies its stronger
parent/weaker subsidiary path under its "Parent and Subsidiary
Linkage Rating Criteria" to HRNI. The association with Seminole
Hard Rock Entertainment, Inc. (SHRE) warrants a one-notch uplift
from HRNI's SCP and offers a stronger parent. SHRE's 'BBB' IDR is
attributed to the guarantee of its debt by Seminole Tribe of
Florida (BBB/Stable). SHRE has weak legal and strategic incentives
to support HRNI, as there is no downstream guarantee and HRNI's
financial contribution is low relative to SHRE's. HRNI shares
common executive management with SHRE, which owns 76% of HRNI and
controls most of its board.
Peer Analysis
HRNI's SCP is consistent with most other single-site gaming
operators, including Empire Resorts Inc. (B-/Rating Watch Negative;
SCP: CCC). HRNI's market dynamics are similar to Empire's,
including competitive operating environments with new supply risk,
single-site properties and similar cash flow generation. HRNI is
exposed to new competition through the recently opened Wind Creek
Chicago Southland and the pending Bally's permanent casino resort
in Chicago in 2027.
HRNI is considered stronger than its larger, more geographically
diversified regional gaming peers such as Bally's Corporation
(B-/Negative), due to the latter's relatively high EBITDAR leverage
of about 7.0x, which is expected to increase in the 8.0x-9.0x range
over the near term, execution risk in the development of its
Chicago project as well as other potential development
opportunities and a stable international Interactive business.
However, PCI Gaming Authority (BBB-/Negative), an unincorporated
instrumentality of The Poarch Band of Creek Indians, is rated
higher than HRNI. This rating reflects PCI's conservative financial
policy, with EBITDA leverage of about 2.0x, and its geographic
diversification. PCI owns and operates three tribal casinos in
Alabama, where it enjoys a favorable operating environment, as well
as two commercial casinos (one each in Pennsylvania and Florida)
and two in the Caribbean.
Key Assumptions
- Total revenues are volatile over the forecast period, with 2025
results declining in the mid-single digits due to competition from
the newly opened PCI's Wind Creek Chicago Southland facility in
November 2024, followed by nominal growth in 2026. A 2027 sales
decline in the mid-single digits due to the opening of Bally's
permanent casino and resort is expected to be followed by marginal
growth thereafter;
- EBITDA margin declines to about 16% in 2025 due to increased
gaming taxes and settles around 15% over the rating horizon;
- Annual capex as a percentage of revenue hovers in the 3.5%-4%
range, largely driven by maintenance capex;
- Debt remains tied to the revolver and term loan B, with debt
repayments assumed to be associated with mandatory amortization
under the term loan;
- No shareholder distributions or acquisitions assumed;
- Base interest rates assumptions reflect the current SOFR curve.
Recovery Analysis
The recovery analysis assumes HRNI would be reorganized as a going
concern in bankruptcy rather than be liquidated. Fitch has assumed
a 10% administrative claim and full draw on the $35 million
priority revolver.
A going concern EBITDA of $50 million, down from its previous
estimate of $55 million, reflects the permanent impact of
competitiveness stemming from new openings and a sustainable level
of operating performance following a restructuring scenario. Its
going concern EBITDA assumes a level of win per unit per day of
slots and tables, which is well below the current average in the
Chicagoland market and below where the casino is currently
trending: about $500 and $5,000 for slots and tables, respectively.
Fitch expects non-gaming revenue to remain at about 10% of total
property revenue.
Fitch applies a 6.0x enterprise value/EBITDA multiple, which
reflects the competitiveness of the Chicagoland market and new
supply risk as well as the property's limited operating record. It
also reflects the single-site limitations of the credit. The
quality of the property and its performance help to offset these
concerns. The 6.0x multiple is aligned with Fitch's 5.0x-7.0x
recovery multiples band for the U.S. gaming industry.
Fitch forecasts a post-reorganization enterprise value of $300
million. After adjusting for administrative claims, the remaining
value is allocated first to the revolver, which has stated priority
over the term loan B, resulting in an 'RR1' recovery, and then to
the term loan, which results in an 'RR2' recovery.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- FCF approaching breakeven;
- Decrease in rating linkage with SHRE or weakening of SHRE's SCP;
- EBITDA leverage sustained above 6.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Greater degree of confidence that EBITDA leverage will remain
below 5.0x and the FCF margin will approach 10% amid the
competitive pressures in the greater Chicago area;
- An increase in rating linkage with SHRE;
- Geographical diversification away from the Chicagoland market.
Liquidity and Debt Structure
At Dec. 31, 2024, HRNI had $48.3 million in cash and $27 million
available under its $35 million revolver due December 2026. Fitch
expects HRNI to generate sufficient cash flow to pay its scheduled
annual debt amortization of 5% under its term loan B and nominal
capex requirements. Fitch expects the FCF margin to be in the low
single digits over the forecast horizon in part due to tax
headwinds as HRNI transitions from a two-license to a one-license
structure. In addition, Indiana's tiered gaming tax regime will
fully take effect, and competitive challenges are anticipated.
Issuer Profile
HRNI Holdings, LLC (formerly known as Spectacle Gary Holdings, LLC)
is the owner and operator of the Hard Rock Casino Northern Indiana,
a casino development located in Gary, IN, that caters to the
greater Chicagoland and northern Indiana gaming markets.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
HRNI Holdings, LLC LT IDR B Affirmed B
senior secured LT BB- Affirmed RR2 BB-
INDIVIDUALIZED ABA: Quality of Care Maintained, 3rd PCO Report Says
-------------------------------------------------------------------
Jacob Nathan Rubin, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of California his third
report regarding the quality of patient care provided by
Individualized ABA Services for Families, LLC.
The third report consists of the PCO's further evaluation of the
company's adherence to, and compliance with the applicable medical
standard of patient care as defined by the Institute of Medicine
(IOM) (Medicare & Lohr), during the bankruptcy proceedings.
The PCO explained that since the submission of the third report, it
was clarified that no new company had been created. Instead, the
company adopted a "Doing Business As" (DBA), "Unity ABA," under the
existing legal entity. The DBA was implemented, according to the
company's principal, to better reflect the company's mission and
growth, but there were no changes to the company's legal structure,
tax ID, ownership, or operations.
The PCO found that the company now operates exclusively via
telehealth and no longer provides in-person services. Despite this
shift, all remaining patients continue to receive uninterrupted,
high-quality ABA therapy. The PCO verified that all standards of
care remain in compliance with professional guidelines.
Mr. Rubin observed that across all three reports, patient safety
and quality of care have remained stable and consistent. The
transition to a DBA was administrative in nature and did not affect
the delivery of care.
The PCO has confirmed, through direct evaluation and communication
with the company's principal, that patients are receiving
appropriate and uninterrupted services in a fully telehealth-based
model. He has confirmed that the company is meeting the standard of
care.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=aK2D0j from PacerMonitor.com.
The ombudsman may be reached at:
J. Nathan Rubin, M.D.
4955 Van Nuys Blvd., #308,
Sherman Oaks, CA 91403
Telephone: (818) 501-1455
Email: jnrubinmd@yahoo.com
About Individualized ABA Services
for Families
Individualized ABA Services for Families, LLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Calif. Case No. 24-41559) on October 2, 2024, with total assets of
$193,244 and total liabilities of $1,635,914. Raajna Naidu, chief
executive officer, signed the petition.
Judge William J. Lafferty oversees the case.
The Debtor is represented by Michael Jay Berger, Esq., at the Law
Offices of Michael Jay Berger.
Jacob Nathan Rubin is the patient care ombudsman appointed in the
case.
INKED PLAYMATS: Tarek Kiem Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 21 appointed Tarek Kiem, Esq., at Kiem
Law, PLLC as Subchapter V trustee for Inked Playmats Corp.
Mr. Kiem will be paid an hourly fee of $300 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Kiem declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tarek Kiem, Esq.
Kiem Law, PLLC
8461 Lake Worth Road, Suite 114
Lake Worth, FL 33467
Tel: (561) 600-0406
Email: tarek@kiemlaw.com
About Inked Playmats Corp.
Inked Playmats Corp. is a direct-to-consumer e-commerce business
specializing in custom gaming accessories.
Inked Playmats filed Chapter 11 petition (Bankr. S.D. Fla. Case No.
25-14046) on April 14, 2025, listing up to $500,000 in assets and
up to $10 million in liabilities. Thomas Pool, president of Inked
Playmats, signed the petition.
Judge Mindy A. Mora oversees the case.
Philip J. Landau, Esq., at Landau Law, PLLC, represents the Debtor
as bankruptcy counsel.
ISAGENIX INTERNATIONAL: Saratoga CLO Marks $1.3M Loan at 87% Off
----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,378,403 loan extended to Isagenix International, LLC
to market at $186,084 or 13% of the outstanding amount, according
to Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to Isagenix
International, LLC. The loan accrues interest at a rate of 6M USD
SOFR+ 2.50% per annum. The loan matures on April 13, 2028.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Isagenix International, LLC
Isagenix International LLC is a privately held multi-level
marketing company that sells dietary supplements and personal care
products. The company, based in Gilbert, Arizona, was founded in
2002 by John Anderson, Jim Cover, and Kathy Cover.
J.C.C.M. PROPERTIES: Case Summary & Two Unsecured Creditors
-----------------------------------------------------------
Debtor: J.C.C.M. Properties, Inc.
106 Crojack Lane
Wilmington NC 28409
Business Description: J.C.C.M. Properties, Inc. leases real
estate, with its main assets situated at
1585 Crater Lake in Kennesaw, Georgia.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-55412
Debtor's Counsel: Will Geer, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Tel: 404-584-1238
Email: wgeer@rlkglaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Constantine Michael Psilos as vice
president.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HXSODUY/JCCM_Properties_Inc__ganbke-25-55412__0001.0.pdf?mcid=tGE4TAMA
List of Two Unsecured Creditor:
Entity Nature of Claim Claim Amount
1. Gail McLelland Judgment Liens $34,870,346
c/o Andrew S. Ashby, Esq.
445 Franklin Gateway SE
Marietta, GA, 30067
2. Jennifer Alsup Judgment Liens $34,870,346
c/o Andrew S. Ashby, Esq.
445 Franklin Gateway SE
Marietta, GA, 30067
JP INTERMEDIATE: Saratoga CLO Marks $3.3 Million Loan at 96% Off
----------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $3,370,462 loan extended to JP Intermediate B, LLC to
market at $134,818 or 4% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Term Loan to JP Intermediate B,
LLC. The loan accrues interest at a rate of Prime 6.50% per annum.
The loan matures on November 20, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About JP Intermediate B, LLC
JP Intermediate B, LLC retails vitamins and nutritional
supplements.
KEEP IT GYPSY: Case Summary & One Unsecured Creditor
----------------------------------------------------
Debtor: Keep it Gypsy, Inc
3219 Old Greenwood Road
Fort Smith, AR 72903
Business Description: Keep It Gypsy, Inc. is a retailer and
wholesaler based in Fort Smith, Arkansas,
that offers handcrafted leather goods,
jewelry, and graphic tees. The Company
operates retail locations and maintains a
presence in wholesale markets such as the
Dallas World Trade Center and Atlanta
apparel trade shows.
Chapter 11 Petition Date: May 15, 2025
Court: United States Bankruptcy Court
Western District of Arkansas
Case No.: 25-70837
Judge: Hon. Bianca M. Rucker
Debtor's Counsel: Stanley V. Bond, Esq.
BOND LAW OFFICE
525 S. School Ave.
Suite 100
Fayetteville, AR 72701
Tel: 479-444-0255
Fax: 479-235-2827
E-mail: attybond@me.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Carmen Geoates as president.
The debtor has listed Louis Vuitton Malletier, S.A.S as its sole
unsecured creditor, with an estimated $1.5 million claim stemming
from a lawsuit. The claim is being handled through attorney Dawn
Estes of Estes Thorne Ewing & Payne PLLC, based in Dallas, Texas.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5ABGXEI/Keep_it_Gypsy_Inc__arwbke-25-70837__0001.0.pdf?mcid=tGE4TAMA
KEYSTONE PASSIONATE: Lisa Rynard Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Lisa Rynard, Esq.,
at the Law Office of Lisa A. Rynard as Subchapter V trustee for
Keystone Passionate Care, LLC.
Ms. Rynard will be paid an hourly fee of $325 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Rynard declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Lisa A. Rynard, Esq.
Law Office of Lisa A. Rynard
240 Broad Street
Montoursville, PA 17754
Phone: (570) 505-3289
Email: larynard@larynardlaw.com
About Keystone Passionate Care
Keystone Passionate Care, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. M.D. Pa. Case No.
25-01004) on April 11, 2025, with $100,001 to $500,000 in both
assets and liabilities.
Judge Henry W. Van Eck presides over the case.
Robert E. Chernicoff, Esq., at Cunningham and Chernicoff PC
represents the Debtor as legal counsel.
KOHL'S CORP: Fitch Rates New $360MM Secured Notes Due 2030 'BB+'
----------------------------------------------------------------
Fitch Ratings has assigned a 'BB+' rating with a Recovery Rating of
'RR2' to Kohl's Corporation's proposed $360 million secured notes
due 2030. Proceeds will be used to repay a similar amount of
unsecured notes due July 2025. Fitch has also affirmed Kohl's
existing ratings, including its Long-Term Issuer Default Rating
(IDR) at 'BB-'. The Rating Outlook remains Negative.
Kohl's rating and Outlook reflects its ongoing operational
challenges. The company is adjusting its operating strategy, but
its ability to stabilize market share, particularly in apparel, is
uncertain. The rating recognizes Kohl's tools in executing its
turnaround, including a reasonable asset base and ability to invest
$400 million in capital expenditures.
Fitch projects 2025 EBITDA could decline 15% to 20% toward $800
million, with mid-single-digit revenue declines, yielding low-4x
EBITDAR leverage. Fitch could revise the Outlook with evidence that
Kohl's can improve its topline trajectory and stabilize EBITDA
around $800 million.
Key Rating Drivers
Weakening Performance: Kohl's results have been weak, with 2024
revenue and EBITDA declining 20% and 50% from 2019 levels,
respectively, despite growth in newer categories like beauty
through Sephora. The company's market share declines in core
categories like apparel appear worse than those of peers in the
challenged department store industry, suggesting company-specific
execution challenges. Recent events, including weak 2025 guidance
implying another year of revenue and EBITDA declines, CEO changes,
the announced closure of 27 stores, or about 2% of the base, and a
75% dividend reduction, underscore Kohl's near-term challenges.
The company's near-term focus is to sharpen the merchandise
assortment, improve the company's value messaging, and optimize its
omnichannel model to provide a frictionless shopping experience.
Fitch believes these are reasonable focus areas but given the
company's recent history, magnified by secular challenges in the
department store industry and near-term headwinds for discretionary
goods, the timing and level of operating stabilization remains
uncertain.
Operating Challenges: Kohl's weak operating trajectory and evolving
strategies to stabilize performance highlight the difficulties in
effectively executing department store operations. Department
stores will continue to face longer-term secular obstructions,
including consumers spending less time in malls (which has less
impact on Kohl's, given its off-mall positioning), changes in
apparel buying behavior, and increasing competition from newer
channels, including value-oriented and online players. Nearer-term
challenges also include somewhat waning consumer sentiment and
potential impacts from tariffs on consumer inflation and
operational complexity.
Fitch historically viewed Kohl's as able to navigate industry
challenges and defend or even gain share. The company has a
reasonable store base with limited indoor mall exposure, good
omnichannel capabilities, and cash flow generation to materially
invest in topline strategies, along with productive relationships
with merchandise vendors and key partners. Following recent
performance, Fitch believes the company's medium-term turnaround
prospects are limited, with revenue and EBITDA stabilizing around
$15 billion and $800 million, respectively, as a best-case
scenario.
Near-Term Volatility: Fitch expects the U.S. retail sector to face
near-term challenges, including declines in consumer sentiment,
business disruption and rising costs related to evolving U.S.
tariff policies. Discretionary categories could see revenue down as
much as mid-single digits with outsized EBITDA declines given
tariff-related cost pressure. Kohl's could see EBITDA decline up to
20% in 2025, although the company should generate positive FCF and
has reasonable liquidity to withstand near-term volatility assuming
it successfully completes its current notes offering.
Leverage Around Low-4x: Kohl's EBITDAR leverage could be about 4.5x
in 2025 and in the low-4x range beginning in 2026, with EBITDAR
fixed charge coverage in the high-1x range. The company would need
to demonstrate stabilizing operations to support its existing
rating, with leverage remaining below 4.5x. Pro forma for this
issuance, the company's debt structure would include $1.2 billion
in unsecured notes and the new secured notes. The secured notes
would be Kohl's next maturity in 2030.
Positive Cash Flow Generation: Kohl's strong cash generation is an
asset, allowing the company some flexibility to invest in topline
initiatives. The company plans to invest about $400 million, or
mid-2% of revenue, in 2025 capex. These capex investments could
support the company's omnichannel model, including enhancements to
ecommerce and supply chain infrastructure, as well as store
refreshes. Following the company's 75% dividend cut, Fitch projects
FCF after dividends, with non-cash finance lease amortization added
back, to be around $250 million in 2025.
Peer Analysis
Other Fitch-rated U.S. department store peers include national
competitors Macy's, Inc. (BBB-/Stable) and Nordstrom, Inc.
(BB/Stable), as well as regional player Dillard's, Inc.
(BBB-/Positive). Each is contending with the industry's secular
headwinds and is continuously refining strategies to defend market
share. Their initiatives include investments in omnichannel models,
reshaping portfolios to reduce exposure to weaker indoor malls, and
efforts to strengthen merchandise assortments and service levels.
These initiatives have had varying levels of success in recent
years, with Dillard's showing the best operating trajectory.
Nordstrom and Kohl's have produced the weakest results in terms of
topline and profitability. Macy's results have been somewhat mixed,
with topline declines mitigated by good inventory and expense
management with limited EBITDA contraction.
Structurally, the three national players should be best positioned
to accelerate investment and transformation efforts, given their
greater relative scale and cash flow generation. In particular,
Kohl's should benefit from its off-mall real estate positioning,
while Nordstrom should benefit from its exposure to the off-price
subsector and the higher-end merchandise positioning of its full
price locations. However, neither has demonstrated the ability to
capitalize on these fundamental advantages, which Fitch believes is
likely due to execution challenges.
Dillard's has modest leverage due to its limited debt levels. Fitch
projects Macy's EBITDAR leverage to trend in the high-2x range,
while Nordstrom's EBITDAR leverage could trend near the 3x range.
Fitch expects Kohl's leverage to trend in the low-4x range,
assuming it can stabilize EBITDA around $800 million.
Key Assumptions
Fitch projects Kohl's 2025 revenue to decline by about 7%, reaching
$15 billion from $16.2 billion in 2024, and well below the $20
billion recorded in 2019. Declines in 2025 are forecast to be
driven by comparable store sales decreases, particularly in the
apparel and accessories categories. Revenue could stabilize around
$15 billion, assuming the company can continue to grow newer
categories like beauty while implementing strategies to stabilize
the declining apparel business. Fitch projects Kohl's comparable
store sales to remain flattish to slightly negative through the
medium term.
EBITDA, which was about $1 billion in 2024 compared to $2 billion
in 2019, could moderate to about $800 million in 2025, given
revenue declines and some topline investments. EBITDA could
stabilize around $800 million if revenue stabilizes around $15
billion, with margins trending in the mid-5% range, compared to
about 10% in 2019.
Annual FCF (after dividends and adding back non-cash finance lease
amortization) is projected to trend around $250 million over the
medium term, given its EBITDA assumptions, neutral working capital,
about $400 million of annual capex, and annual dividends in the $55
million range.
FCF could be directed toward debt reduction, share buybacks or
additional business reinvestment. The company ended 2024 with $290
million outstanding on its ABL.
EBITDAR leverage (capitalizing leases at 8x), which was 3.9x in
2024 compared to the low-2x range between 2018 and 2021 (excluding
pandemic-affected 2020) due to lower EBITDA, could sustain below
4.5x over the medium term, given Fitch's EBITDA projections.
Achieving the above projections, including stabilizing revenue and
EBITDA, which supports Fitch's confidence in the company's ability
to defend its market share over time, could result in a revision of
Kohl's Rating Outlook.
Kohl's capital structure primarily consists of fixed-rate debt.
Pricing for the company's ABL is based on the secured overnight
financing rate (SOFR), with rates forecast to be in the 4% to 5%
range over the medium term, given the higher interest rate
environment.
Recovery Analysis
Fitch does not employ a waterfall recovery analysis for issuers
assigned ratings in the 'BB' category. As a rating moves further up
the speculative grade continuum, the notching becomes more
compressed. Fitch rates Kohl's ABL 'BB+'/'RR1', notched up two
ratings from the IDR given its security package. The company's
proposed secured notes are also notched up two ratings from the IDR
to 'BB+'/'RR2', while its unsecured notes are rated 'BB-'/'RR4'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A downgrade could result from EBITDAR leverage sustained above
4.5x, due to either weaker-than-expected operating performance or
financial policy decisions;
- EBITDAR fixed charge coverage sustained near 1.5x would also be a
rating concern.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An Outlook revision could result from evidence of revenue and
EBITDA stabilization, yielding EBITDAR leverage sustained below
4.5x and EBITDAR fixed charge coverage close to 2x;
- An upgrade to 'BB' would result from a combination of
better-than-expected operating performance and debt reduction,
which drives EBITDAR leverage below 4.0x and EBITDAR fixed charge
coverage toward 2.5x.
Liquidity and Debt Structure
As of Feb. 1, 2025, Kohl's had $134 million in cash and $290
million borrowed on its $1.5 billion asset-based lending (ABL)
credit facility, which matures in January 2028. The ABL is governed
by a borrowing base of inventory and receivables.
As of Feb. 1, 2025, Kohl's debt included $1.5 billion of unsecured
notes and $290 million in borrowings on its ABL facility. The
company plans to issue $360 million in new five-year notes to repay
a similar amount of notes due July 2025. The proposed debt, to be
issued by Kohl's, will be secured by seven distribution centers and
four ecommerce fulfillment centers, which together are valued at
about $750 million. Fitch projects the notes will have a coupon
near 10%. Post issuance, the new debt will be Kohl's next notes
maturity.
Fitch applies the 8x rent methodology to calculate Kohl's
lease-adjusted debt. The company has reset the useful life of many
of its leased properties following capital investments to support
the Sephora rollout, which has caused Kohl's implied lease multiple
to increase from the 8x-9x range to over 10x. Given the accounting
reset, Fitch views its historical 8x methodology as a more
appropriate measurement of Kohl's lease obligations.
Issuer Profile
Kohl's is the second largest department store operator in the U.S.
with approximately $16 billion in revenue across its digital
presence and around 1,170 stores, largely in off-mall centers.
Summary of Financial Adjustments
Financial statement adjustments that depart materially from those
contained in the published financial statements of the relevant
rated entity or obligor are disclosed below:
- EBITDA adjusted for stock-based compensation;
- Operating lease expense capitalized by 8x for historical and
projected adjusted debt.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Kohl's Corporation LT IDR BB- Affirmed BB-
senior secured LT BB+ New Rating RR2
senior unsecured LT BB- Affirmed RR4 BB-
senior secured LT BB+ Affirmed RR1 BB+
LAID RIGHT: Joseph Frost Named Subchapter V Trustee
---------------------------------------------------
The U.S. Bankruptcy Administrator for the Eastern District of North
Carolina appointed Joseph Frost, Esq., as Subchapter V trustee for
Laid Right Site Development, Inc.
Mr. Frost, a member of the law firm of Buckmiller, Boyette & Frost,
PLLC, will be paid an hourly fee of $350 for his services as
Subchapter V trustee.
About Laid Right Site Development
Laid Right Site Development, Inc. is a site development contractor
specializing in grading and utility services. It operates in North
Carolina, with locations in Jefferson and Sanford. Its services
support infrastructure and construction projects across the
region.
Laid Right Site Development sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-01607) on April 30, 2025. In its petition, the Debtor reported
between $1 million and $10 million in assets and up to $50,000 in
liabilities.
The Debtor is represented by JM Cook, Esq. at J.M. Cook, P.A.
LAKELAND TOURS: Saratoga CLO Marks $1.1 Million Loan at 98% Off
---------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $1,127,568 loan extended to Lakeland Tours, LLC to
market at $28,189 or 2% of the outstanding amount, according to
Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Holdco Fixed Term Loan to
Lakeland Tours, LLC. The loan accrues interest at a rate of fixed
per annum. The loan matures on September 27, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Lakeland Tours, LLC
Lakeland Tours LLC provides educational student travel programs.
The Company offers history, science, discoveries, onstage, sports,
and career-focused travel opportunities.
LBM ACQUISITION: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
---------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) of LBM Acquisition, LLC (LBM) at 'B' and BCPE Ulysses
Intermediate, Inc. (BCPE) at 'B-'. Fitch has also affirmed the 'BB'
issue rating with a Recovery Rating of 'RR1' on the LBM's ABL
facility, 'B'/'RR4' issue rating on the senior secured term loan B
and 'CCC+'/'RR6' issue rating on the unsecured notes and the
'CCC'/'RR6' issue rating on the Holdco PIK note issued by BCPE. The
Rating Outlook is Stable.
LBM's IDR reflects its strong market position within the building
products distribution sector and positive operating cashflow,
partially offset by a weaker competitive position and operating
margins relative to higher-rated products manufacturers. Long-term
risk factors include high leverage, high cyclicality of its end
markets and the sponsor's aggressive capital allocation strategy.
BCPE is the parent holding company of LBM. Fitch expects leverage
to return within the rating sensitivities as demand normalizes,
which supports the Stable Rating Outlook.
Key Rating Drivers
Elevated Leverage: Fitch-calculated consolidated EBITDA leverage
was 6.6x (including BCPE PIK notes) for the YE 2024, while Opco
leverage (excluding BCPE PIK notes) was 6.1x. Fitch expects
consolidated leverage to be around 7.0x in 2025, with Opco leverage
at about 6.6x. Fitch projects EBITDA leverage to be below 6.5x by
YE 2026, driven by margin improvement and acquisition-related
EBITDA growth. The company is expected to temporarily operate
outside of negative rating sensitivities throughout 2025, with
EBITDA leverage above 6.5x, due to the subdued demand environment
and competitive pressures.
Aggressive Capital Allocation Strategy: Fitch expects ownership
under Bain Capital and Platinum Equity to manage LBM's balance
sheet aggressively through further debt-financed M&A activity and
occasional shareholder distributions. Fitch expects the company to
continue consolidating the building products distribution sector
during the rating horizon. Fitch believes ownership has a high
leverage tolerance, including debt-financed acquisitions. The
company previously made $650 million in shareholder distributions
in 2022 and $500 million in 2023. However, the company has not made
any distributions in 2024, and Fitch does not expect meaningful
distributions in 2025.
Highly Cyclical End Markets: The majority of LBM's sales are to
highly cyclical end markets, and its substantial exposure to new
construction negatively weighs on the credit profile. LBM estimates
that about 68% of 2024 sales were to new home construction and 12%
to commercial new construction and other end markets. The remaining
20% of sales were to the repair and remodel end markets, which
Fitch views as less cyclical than new construction. Fitch expects
the company's high exposure to the new residential construction and
lumber sales to result in more volatile earnings and credit
metrics.
Subdued Demand Environment: Fitch expects demand weakness as new
residential construction, and commercial construction activity
remain challenging amid uncertain tariff policies and higher
interest rates. Potential inflationary pressures from tariffs and
immigration policies could further impact construction activity but
depend on scope and timing. Fitch's rating case assumes a slight
decrease in sales volume in 2025 and lumber prices averaging
$400-$450 per thousand board feet, resulting in low single-digit
organic revenues decline this year. The forecast projects organic
revenues to rise 1%-3% in 2026 as construction activity improves.
Relatively Low but Resilient Margins: Fitch expects EBITDA margins
to settle between 8%-9% in 2025 and 2026, compared to 8.8% in 2024,
despite lower operating leverage due to lower volumes. LBM's
profitability metrics are commensurate with 'B'-category building
products issuers and are roughly in line with large distributor
peers. The company's high variable cost structure and ability to
reduce working capital should help preserve positive FCF and
liquidity through a modest construction downturn. However,
significant declines in EBITDA margins or a sharp, sustained drop
in lumber prices could lead to unsustainable leverage levels.
Commodity Deflation, Earnings Decline: LBM's revenues and EBITDA
margins have exposure to lumber prices, as wood products account
for 25% of sales and contribute lower gross margins compared to
specialty products. Revenues from wood products are sensitive to
lumber prices fluctuations, with period of deflation leading to
lower overall gross profit, while period of inflation provide
opportunity for higher overall gross profit.
Broad Product Offering: LBM offers a comprehensive range of
products including, structural, interior and exterior products. LBM
also offers installation services and light manufacturing,
positioning itself as a one-stop shop for residential and
commercial construction needs. This broad product breadth provides
LBM a competitive advantage over smaller distributors and
diversifies its supplier base.
Competitive Position: LBM has strengthened its competitive position
in the pro building products sector in recent years. Fitch
estimates LBM is among the largest pro building products
distributors in the U.S. by revenue. However, LBM's competitive
position is weaker than investment-grade building product
manufacturer peers, due to the highly fragmented nature of the
distribution industry and its exposure to commoditized product
offerings.
Parent and Subsidiary Linkage: Fitch considers LBM's to have a
stronger credit profile than its parent BCPE, due to LBM's
unrestricted access to operating cash flows. BCPE, the issuer of
the financial statements, has no operations and has qualified
access to cash flows. By following the 'Stronger Subsidiary Path',
Fitch categorizes 'legal ring fencing' and 'access & control' as
'porous'. Fitch assesses LBM's standalone and consolidated credit
profiles at a 'b' rating level. BCPE is rated one notch lower than
the consolidated credit profile to reflect the risk that the
parent's access to subsidiary cash flow could be constrained by
covenants on LBM's debt.
Peer Analysis
LBM's scale is a credit strength relative to other 'B' category
building products distributor and manufacturer peers, such as Park
River Holdings, Inc. (B-/Stable), Doman Building Materials Group
Ltd. (Doman; B+/Stable) and Chariot Buyer LLC (dba Chamberlain
Group; B-/Stable). LBM has meaningfully weaker profitability
metrics than Chamberlain Group but has lower leverage. LBM's
margins are slightly lower than Park River but with similar
leverage. Doman has lower margins but significantly lower leverage
than LBM.
LBM is more exposed cyclical new construction market relative to
these peers. Overall financial flexibility among these peers is
comparable, with no material debt maturities in the near- to
intermediate-term.
Key Assumptions
- Organic revenues to decrease low-single digits in 2025 and
increase low single digits in 2026;
- EBITDA margins of 8.0%-9.0% in 2025 and 2026;
- EBITDA leverage of 6.5x-7.5x in 2025 and 6.0x-7.0x in 2026;
- Capex to be 1.5%-2.0% of revenues;
- FCF margin of 1.5%-2.5% in both 2025 and 2026;
- $250 million-$300 million in acquisitions anticipated annually,
funded in part by debt, with no shareholder distributions in 2025;
- Average SOFR of 4.25% in 2025 and 3.75% in 2026.
Recovery Analysis
Recovery Assumptions:
The recovery analysis assumes that LBM would be considered a going
concern (GC) in bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim and a 3% concession payment from
the LBM's secured lenders to the LBM's unsecured bondholders in the
analysis.
Fitch's GC EBITDA estimate of $500 million estimates a
post-restructuring sustainable EBITDA. The GC EBITDA is based on
Fitch's assumption that distress would arise from weakening in the
housing market combined with sustained competitive pressures and
poor operating performance.
Fitch estimates annual revenues to be about 15% below pro forma
2024 levels, and a Fitch-adjusted EBITDA margins around 7.5%-8.0%
would capture the lower revenue base of the company after emerging
from a housing downturn, plus a sustainable margin profile after
right sizing. This results in Fitch's $500 million GC EBITDA
assumption.
Fitch assumes a 6.0x GC EBITDA multiple to calculate the enterprise
value (EV) in a recovery scenario. The 6.0x multiple is comparable
to the multiple used for Park River Holdings, Inc., which has
higher margins but is considerably smaller than LBM. The 6.0x
multiple is higher than the 5.5x multiple utilized for New AMI I
(B/Stable) and Doman Building Products Group (B+/Stable). These
peers are smaller in scale and have narrower product offerings than
LBM. LBM's GC EBITDA multiple is lower than Chamberlain Group's at
6.5x due to Chamberlain's leading market position and meaningfully
stronger profitability metrics through the cycle when compared to
LBM.
Fitch assumes that in a recovery scenario, the borrowing base under
the company's $1.75 billion ABL revolver would shrink as inventory
and receivable balances decline with lower revenue and EBITDA.
Fitch assumes the ABL revolver would have $1.2 billion outstanding
at recovery, considering potential reductions in the borrowing base
due to deflating lumber prices and contracting volumes and would
have prior-ranking claims to the senior secured term loan B in the
recovery analysis.
The analysis results in a recovery corresponding to an 'RR1' for
the $1.75 billion ABL and 'RR4' for LBM's $3.3 billion senior
secured term loan B. LBM's and BCPE's unsecured debt receive
recoveries corresponding to an 'RR6'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
LBM
- Fitch's expectation that standalone EBITDA leverage (opco
leverage) will be sustained above 6.5x;
- CFO-Capex/debt consistently below 4%;
- Escalation of shareholder friendly activity; this may include
additional debt at the holdco, such that Fitch deems the
probability of default materially increasing at LBM, or dividends
decisions at LBM aimed at supporting the holdco;
- EBITDA interest coverage falls below 2.0x;
- Fitch's expectation that FCF will approach neutral to negative.
BCPE
- Deterioration in the consolidated credit profile of the group, as
evidenced by total consolidated EBITDA leverage (consolidated
leverage) sustaining above 6.5x (which includes holdo PIK toggle
notes as debt).
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
LBM
- Fitch's expectation that standalone EBITDA leverage (opco
leverage) will be sustained below 5.0x;
- CFO - capex/debt consistently above 7%;
- The company lowers its end-market exposure to the new home
construction market to less than 50% of sales in order to reduce
earnings cyclicality and credit metric volatility through the
housing cycle;
- LBM maintains a strong liquidity position, with no material
short-term debt obligations.
BCPE
- Improvement in the consolidated credit profile of the group, as
evidenced by total consolidated EBITDA leverage (consolidated
leverage) sustaining below 5.0x (which includes holdco PIK toggle
notes as debt).
Liquidity and Debt Structure
LBM had $2.1 million of cash as of Dec. 31, 2024 and about $919.3
million of borrowing availability under its $1.75 billion ABL
facility with a $100 million tranche maturing in May 2027 and the
remaining balance in June 2029. The company's near-term debt
maturities are limited to 1% term loan amortization per year until
its $1.1 billion term loan B matures in December 2027, with the
remaining balance due in December 2031. The BCPE toggle notes
mature in April 2027. Fitch expects the company to refinance these
maturities ahead of their due dates.
The company's interest rate hedging allows it to manage EBITDA
interest coverage levels over the intermediate-term, which Fitch
anticipates being an elevated interest rate environment. Fitch
expects EBITDA interest coverage will be sustained between
2.0x-3.0x over the intermediate-term.
Issuer Profile
LBM is one of the largest U.S. pro building products distributors
by annual revenues in the highly fragmented distribution industry.
The company offers a broad suite of product offerings to
homebuilders, commercial construction customers, and repair and
remodel professionals.
Summary of Financial Adjustments
Fitch adds back nonrecurring transaction expenses, stock-based
compensation and inventory step-up charges to Fitch adjusted
EBITDA. Fitch does not consider the holdco PIK toggle notes as debt
of LBM.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
LBM Acquisition, LLC LT IDR B Affirmed B
senior unsecured LT CCC+ Affirmed RR6 CCC+
senior secured LT BB Affirmed RR1 BB
senior secured LT B Affirmed RR4 B
BCPE Ulysses
Intermediate, Inc. LT IDR B- Affirmed B-
senior unsecured LT CCC Affirmed RR6 CCC
LEALAND FINANCE: Saratoga CLO Marks $366,000 Loan at 59% Off
------------------------------------------------------------
Saratoga Investment Corp. CLO 2013-1, Ltd. (Saratoga CLO) has
marked its $366,724 loan extended to Lealand Finance Company B.V.
to market at $149,257 or 41% of the outstanding amount, according
to Saratoga CLO's Form 10-K for the fiscal year ended February 28,
2025, filed with the U.S. Securities and Exchange Commission.
Saratoga CLO is a participant in a Exit Term Loan to Lealand
Finance Company B.V. The loan accrues interest at a rate of 1M USD
SOFR+ 1.00% per annum. The loan matures on December 31, 2027.
Saratoga CLO is one of the portfolio companies of Saratoga
Investment Corp. The Company owns 100% of the subordinated notes of
Saratoga CLO. The additional financial information regarding
Saratoga CLO does not directly impact the Saratoga's financial
position, results of operations or cash flows.
Saratoga CLO is led by Christian L. Oberbeck, Founder, Chief
Executive Officer; and Henri J. Steenkamp, Chief Financial Officer
and Chief Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp. CLO 2013-1, Ltd.
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Lealand Finance Company B.V.
Lealand Finance is an affiliate of CB&I Holdings B.V. and Chicago
Bridge & Iron Company B.V. The Company's country of domicile is the
Netherlands.
LIGHTNING POWER: Moody's Alters Outlook on 'Ba3' CFR to Positive
----------------------------------------------------------------
Moody's Ratings affirmed the ratings of Lightning Power, LLC,
including its Ba3 corporate family rating, Ba3 senior secured notes
and Ba3 senior secured revolving credit facility and term loan
ratings. Lightning's SGL-2 speculative grade liquidity rating is
unchanged.
The outlook of Lightning was changed to positive, from stable,
following the announcement that NRG Energy, Inc. (Ba1 CFR, stable)
and LS Power Equity Advisors, LLC – the owner of Lightning –
have entered into a definitive agreement under which NRG will
acquire Lightning in a cash and common stock transaction valued at
approximately $12.0 billion enterprise value (including roughly
$3.25 billion of Lightning's long debt outstanding at December 31,
2024).
Ownership by NRG would enhance governance at the recently created
Lightning organization, given NRG's strategic corporate experience
and long established position in the unregulated power sector.
RATINGS RATIONALE
"Lightning is poised to benefit from being part of a large energy
services company in NRG, which also has higher credit quality and
more diversified operations" said Ryan Wobbrock – Vice President,
Senior Credit Officer. "NRG's ownership could also benefit
Lightning through various cost synergies and applied best
practices, including financial policies, hedging and access to
liquidity" added Wobbrock.
Lightning's credit profile is supported by its 10.8 gigawatt asset
base of natural gas-fired power generation assets, which benefit
from growing power demand and higher capacity prices in PJM, its
largest market, and the critical nature of its Ravenswood asset in
New York. These assets are expected to produce cash flow to debt
ratios in the mid-to-high teen's percent range over the next 12-18
months.
The primary credit challenges for Lightning relate to its merchant
power generation business model, which exposes the company to
market-driven commodity risks, competitive revenue streams and
capacity pricing determined by system operator constructs. In
addition, about a third of the company's projected revenue come
from energy margins and peaking facilities, which can be subject to
market volatility.
Rating Outlook
Lightning's positive outlook is premised on the NRG acquisition,
which would benefit Lightning through enhanced corporate size,
diversity and financial policies.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that Could Lead to an Upgrade
The consummated acquisition by NRG, including the implementation of
more supportive financial policies, could result in an upgrade of
Lightning's ratings.
In addition, a sustained financial performance that results in CFO
pre-WC to debt ratios above 18%, along with continued stable and
consistent operations across its fleet, could result in a positive
rating action.
Factors that Could Lead to a Downgrade
A negative ratings action could result from operational challenges,
such as unplanned outages, ineffective hedging policies leading to
more volatile cash flow or CFO pre-WC to debt ratios consistently
below 13%.
Corporate Profile
Lightning is an independent power producer with around 10.8 GW of
natural gas-fired generation located in three regional power
markets, covering six states in the northeastern US. The company is
owned by LS Power, a private equity firm focused on the
development, investment and operations of infrastructure assets in
the North American power and energy sector.
Issuer: Lightning Power, LLC
Affirmations:
LT Corporate Family Rating, Affirmed Ba3
Probability of Default Rating, Affirmed Ba3-PD
Senior Secured Bank Credit Facility, Affirmed Ba3
Senior Secured Regular Bond/Debenture, Affirmed Ba3
Outlook Actions:
Outlook, Changed To Positive From Stable
The principal methodology used in these ratings was Unregulated
Utilities and Unregulated Power Companies published in December
2023.
MATADOR RESOURCES: Fitch Hikes LongTerm IDR to 'BB', Outlook Stable
-------------------------------------------------------------------
Fitch Ratings has upgraded the Long-Term Issuer Default Ratings
(IDRs) of Matador Resources Company and MRC Energy Company
(collectively, Matador) to 'BB' from 'BB-'. Fitch has also upgraded
Matador Resources Company's senior unsecured notes to 'BB' with a
Recovery Rating of 'RR4' from 'BB-'/'RR4' and MRC's senior secured
reserve-based credit facility (RBL) to 'BBB-'/'RR1' from
'BB+'/'RR1'. The Rating Outlook is Stable.
The upgrade reflects management's execution on post-acquisition
debt reduction initiatives, the company's large, oil-focused
Delaware asset base, Fitch's expectation of positive FCF generation
through the forecast period, sub-1.5x midcycle EBITDA leverage and
ample liquidity. The Stable Outlook reflects Fitch's expectation of
low single-digit production growth and continued FCF generation
while maintaining low leverage.
Key Rating Drivers
Post-Acquisition Debt Reduction: Fitch views Matador's execution on
post-acquisition debt reduction favorably and forecasts EBITDA
leverage to remain durably below 1.5x throughout the forecast
period. The company has reduced gross debt by more than USD700
million following the close of the Ameredev transaction in 3Q24 and
has decreased its RBL borrowing to USD405 million as of 1Q25. Fitch
believes the company is positioned for further RBL reduction in
2025, given positive FCF expectations, and expects management to
maintain ample financial flexibility in the near and medium term.
Eight-Rig Drilling Program: Fitch believes Matador's eight-rig
drilling program will generate low single-digit growth in the near
term and lead to production of approximately 200,000 barrels of oil
equivalent per day (mboed) in 2025. In April, management announced
a reduction in its rig count to eight rigs from nine by mid-2025.
This adjustment is expected to lower capital expenditures by about
USD100 million in 2025, resulting in only a 2.5% reduction from the
company's originally guided full-year production announced in
February, which Fitch views favorably.
Delaware-Focused Asset Base: As of 1Q25, Matador's asset profile
consists of approximately 198,700 net acres in the core of the
Delaware Basin split between Eddy and Lea counties, in addition to
smaller non-core acreage positions in the Haynesville and Cotton
Valley (17,300 net acres). The company's Delaware acreage has high
oil exposure of approximately 58%, is largely held by production
and supports two-mile laterals or longer across most drilling
locations. Fitch believes the high-quality asset profile supports
the company's FCF-focused strategy and should lead to continued
improvements in drilling and completions costs per foot and
efficiency gains.
Positive FCF Generation, Measured Distributions: Fitch forecasts
post-dividend FCF of approximately $300 million to $400 million in
2025 at Fitch's price deck under the eight-rig drilling program
starting mid-2025. Fitch expects the company to maintain its
$1.25/share fixed dividend, with potential for measured increases
in the near and medium term. Fitch believes excess cash will be
allocated among further debt reduction, modest dividend increases,
share repurchases, and potential bolt-on M&A activity.
Supportive Midstream Assets: Matador's midstream joint venture
assets at San Mateo provide operational benefits through overall
reduced transportation costs, flow assurance and lower marketing
fees in addition to performance incentives from partner Five Point
Energy LLC. The San Mateo assets consist of approximately 590 miles
of three-stream pipelines, 520 MMcf/d of gas processing capacity,
and 475 Mbbl/d of water disposal capacity and oil gathering and
transportation systems, which covers nearly all of Matador's
Delaware acreage.
Enhanced Hedging Profile: During 1Q25, management bolstered its
2H25 hedge book through the addition of oil collars, which Fitch
views positively. The company is now hedging approximately 55% of
its 2H25 oil production via collars with a weighted average floor
price and ceiling price of $52/bbl and $77.20/bbl, respectively.
Oil hedge coverage does drop off in 2026, but Fitch expects the
company will remain proactive and add hedges to support the
dividend and offer downside price protection.
Peer Analysis
Matador's 1Q25 production averaged 199 mboed (58% oil) which is
similar to SM Energy Company (BB/Stable; 197 mboed), but smaller
than Crescent Energy Company (BB-/Stable; 258 mboed), Civitas
Resources, Inc. (BB+/Stable; 311 mboed) and Permian Resources,
Corp. (BB+/Stable; 373 mboed).
The company's continued cost reduction efforts and high oil mix
have led to peer-leading Fitch-calculated unhedged netbacks of
$35.4/boe in full-year 2024. This compares favorably to SM Energy
($28.7/boe) and is higher than Civitas ($25.7/boe) and Permian
Resources ($26.5/boe) in 2024.
Key Assumptions
- West Texas Intermediate oil prices of $60/bbl in 2025, 2026 and
2027 and $57/bbl in 2028 and thereafter;
- Henry Hub natural gas prices of $3.25/mcf in 2025, $3.00/mcf in
2026 and $2.75/mcf in 2027 and thereafter;
- 2025 production of 200 mboed with a low single-digit increase
thereafter;
- 2025 total capex of $1.5 billion and relatively flat thereafter;
- Prioritization of FCF toward reduction of RBL;
- Measured increases in the fixed dividend;
- No material M&A activity.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Change in financial policy that reduces financial flexibility
and/or overly debt-funded M&A;
- Inability to extend economic inventory life that leads to
expectations for weakened unit economics;
- Midcycle EBITDA leverage sustained above 2.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Increased size and scale evidenced by average daily production
approaching 250 mboed with similar oil mix;
- Maintenance of economic inventory life while maintaining
competitive unit economics;
- Midcycle EBITDA leverage sustained below 2.0x.
Liquidity and Debt Structure
At 1Q25, Matador had $15 million of cash on hand and $1,792 million
of availability under its $2.25 billion RBL credit facility, net of
$53 million of outstanding letters of credit. Matador repaid
approximately $191 million of its RBL borrowings during 1Q25, and
Fitch expects further reduction this year given its projection of
$300 million to $400 million of post-dividend FCF generation in
2025. The company's maturity schedule is clear, with the next
maturity being the RBL in 2029.
Issuer Profile
Matador Resources Company is an independent exploration and
production company focused on the Delaware Basin in Southwest New
Mexico and West Texas.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Matador Resources
Company LT IDR BB Upgrade BB-
senior unsecured LT BB Upgrade RR4 BB-
MRC Energy Company LT IDR BB Upgrade BB-
senior secured LT BBB- Upgrade RR1 BB+
MCR HEALTH: PCO Reports Staffing Challenges
-------------------------------------------
Joseph Tomaino, the duly appointed patient care ombudsman, filed
with the U.S. Bankruptcy Court for the Middle District of Florida
his second report regarding the quality of patient care provided at
MCR Health, Inc.
The PCO conducted site visits at a sample of major locations of MCR
Health. These site visits include a walking tour of the facilities
to observe general conditions and operability, as well as
incidental interviews with staff and patients to inquire about
staffing, supplies, and service availability with a focus on
whether or not the filing and related reorganizational activity has
resulted in any significant impact.
During a site visit on March 26, patients at East Manatee facility
continue to complain that call center was outsourced, and they are
now having challenges getting in touch with staff.
The PCO received a complaint from a patient's parent related to not
being able to obtain medical records related to their child. While
this was unrelated to the bankruptcy, the PCO worked with the
Office of the Chief Medical Officer to achieve a resolution.
MCR Health is categorized into a low, medium or high-risk level
based on data collected and interviews with management, patients,
and staff when evaluating a healthcare business in bankruptcy.
Based on the observations made and outlined in the interim report,
the current risk level for this case is determined to be low level.
This level is based on the transparency of reporting and
cooperation on site visits, and the progress to plan submission.
The PCO will continue regular site visits to centers to interview
patients and staff and evaluate the accessibility of services. The
issue of medical records access of material controlled by Medical
Risk Solutions will be monitored. Moreover, a monitoring plan will
be developed with the interim transition of Huntington Behavioral
Health. The issue identified of reported reduced availability of
staff by outside callers will be followed up with management.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=PyaYt9 from PacerMonitor.com.
About MCR Health Inc.
MCR Health, Inc. and AllCare Options, LLC filed Chapter 11
petitions (Bankr. M.D. Fla. Lead Case No. 24-06604) on November 8,
2024. At the time of the filing, MCR Health reported $10 million to
$50 million in assets and liabilities while AllCare Options
reported as much as $50,000 in assets and liabilities.
Judge Roberta A. Colton oversees the cases.
Steven M. Berman, Esq., at Shumaker, Loop & Kendrick, LLP,
represents the Debtors as legal counsel.
Joseph J. Tomaino is the patient care ombudsman appointed in the
Debtors' cases.
METROPOLITAN OPERA, NY: S&P Lowers 2012 Bond Rating to 'BB+'
------------------------------------------------------------
S&P Global Ratings lowered its long term rating on The Metropolitan
Opera (The Met Opera; The Met), N.Y.'s series 2012 taxable bonds to
'BB+' from 'BBB-'.
The outlook is negative.
The downgrade reflects the extraordinary endowment draws of $40
million in fiscal 2024 and authorized borrowing of up to $50
million in fiscal 2025, which continue to erode financial
resources, coupled with increasing debt levels which further weaken
debt ratios.
S&P said, "We analyzed the Met Opera's environmental, social, and
governance credit factors pertaining to its market position,
management and governance, and financial performance. Because it's
in New York City, our view of its environmental risk to some extent
mirrors that of the city. We believe environmental risk is somewhat
elevated because of storm exposure on the Atlantic coastline. We
view social and governance risk as a neutral factor in our credit
rating analysis.
"The negative outlook reflects our view that debt has continued to
increase, and liquidity may be pressured within the one-year
outlook. Financial covenants may pressure the balance sheet
further.
"We could consider a lower rating if financial resources decline
from current levels and liquidity levels fall. Shortfalls in
fundraising such that the Met Opera incurs large cash losses that
further deplete financial resources would also be viewed
negatively. Violation of covenants that could trigger immediate
acceleration of the outstanding line of credit balance may
significantly deplete financial resources and result in a lower
rating, as would additional debt beyond current levels without
growth in financial resources.
"We could consider an outlook revision to stable if financial
resources were maintained at current levels, and no additional debt
were issued. Less reliance on fundraising and increases in revenue
to offset growing expenses would also be viewed favorably."
MIDWEST CHRISTIAN: Implements Alternative Record Retention Policy
-----------------------------------------------------------------
Midwest Christian Villages, Inc. and its debtor-affiliates filed a
Motion for Entry of Order Authorizing Debtors to: (1) Implement a
Records Retention Policy that Includes Disposal of Certain Business
and Other Records and (2) Obtain Related Relief, which the United
states Bankruptcy Court Eastern District of Missouri granted on
April 1, 2025.
Pursuant to the Order, the Debtors are now implementing the
Alternative Record Retention Policy (as defined in the Motion) for
certain business and other records, including patient and
non-patient records, in both paper and electronic form, pursuant to
Secs. 105(a) 351, 363(C), and 554 (a) of the United States
Bankruptcy Code. Specifically, as part of the Alternative Records
Retention Policy, the Debtors are authorized to shred or otherwise
destroy those certain documents identified in Exhibit 1 attached to
the Motion on or as reasonably practicable after the date that is
immediately following the date that is 365 days from the date of
publication of this notice, to the extent that such Records remain
in the possession and/ or control of the Debtors after the Waiting
Period.
Those with rights to certain of the Records, including those
patients discharged within the last ten (10) years whose patient
records may be at issue, who wish to retrieve such Records must
make arrangements with the Debtors to retrieve them prior to close
of the Waiting Period. Shawn O'Conner as the Chief Restructuring
Officer as the Debtors' representative may be reached by email at
soconner@ hcmpllc.com, A copy of the Motion and Order including
Exhibit 1 thereto are available upon written email request to Mr.
0'Conner.
A copy of the Motion and Order can be found at
www.veritaglobal.net/MCV, the website established by the Debtors'
claims and noticing agent, Kurtzman Carson Consultants, LLC d/b/a/
Verita Global for the Debtors' chapter 11 cases.
"Patient Records" are defined in the Bankruptcy Code as "any record
relating to a patient, including a written document or a record
recorded in a magnetic, optical, or other
form of electronic medium."
About Midwest Christian Villages
Midwest Christian Villages Inc. operates a mix of independent,
assisted and skilled nursing campuses in 10 locations across the
Midwest, serving over 1,000 residents.
Midwest Christian Villages and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. E.D. Mo. Lead Case No. 24-42473) on July 16, 2024, listing
$1 million to $10 million in assets and $10 million to $50 million
in liabilities. The petitions were signed by Kate Bertram, chief
operating officer.
Judge Kathy Surratt-States oversees the cases.
The Debtors tapped Stephen O'Brien, Esq., at Dentons US, LLP and
Summers Compton Wells, LLC as bankruptcy counsels; B.C. Ziegler and
Company as investment banker; and Plante Moran as auditor and tax
consultant. Kurtzman Carson Consultants, LLC, doing business as
Verita Global, is the claims and noticing agent.
The U.S. Trustee for Region 13 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Cullen and Dykman, LLP as general counsel;
Sandberg Phoenix & von Gontard P.C. and Schmidt Basch, LLC as local
counsel; and Province, LLC as financial advisor.
MIDWEST ENGINEERED: Steven Nosek Named Subchapter V Trustee
-----------------------------------------------------------
The Acting U.S. Trustee for Region 12 appointed Steven Nosek as
Subchapter V trustee for Midwest Engineered Components Inc.
Mr. Nosek will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Nosek declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Steven B. Nosek
10285 Yellow Circle Drive
Hopkins, MN 55343
Email: snosek@noseklawfirm.com
About Midwest Engineered Components
Midwest Engineered Components Inc. is a professional services
company based in Burnsville, Minn.
Midwest Engineered Components sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Minn. Case No. 25-31318) on April
30, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000.
The Debtor is represented by John D. Lamey, III, Esq. at Lamey Law
Firm, P.A.
MISTER CHIMNEY: Christopher Hayes Named Subchapter V Trustee
------------------------------------------------------------
The U.S. Trustee for Region 17 appointed Christopher Hayes as
Subchapter V trustee for Mister Chimney Cleaning and Repairs, Inc.
Mr. Hayes will be paid an hourly fee of $470 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Hayes declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Christopher Hayes
23 Railroad Avenue, #1238
Danville, CA 94526
Phone: (925) 725-4323
Email: chayestrustee@gmail.com
About Mister Chimney Cleaning
Mister Chimney Cleaning and Repairs, Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Calif. Case No.
25-30283) on April 10, 2025, listing up to $50,000 in assets and
between $100,001 and $500,000 in liabilities.
Judge Dennis Montali presides over the case.
Ryan C. Wood, Esq. at the Law Offices of Ryan C. Wood, Inc.
represents the Debtor as bankruptcy counsel.
MODE MOBILE: IndigoSpire CPA Raises Going Concern Doubt
-------------------------------------------------------
Mode Mobile, Inc. disclosed in a Form 1-K Report filed with the
U.S. Securities and Exchange Commission for the fiscal year ended
December 31, 2024, that its auditor expressed substantial doubt
about the Company's ability to continue as a going concern.
San Jose, Calif. -based IndigoSpire CPA, PC, the Company's auditor,
issued a "going concern" qualification in its report dated April
22, 2024, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
suffered recurring losses from operations and has a net capital
deficiency that raise substantial doubt about its ability to
continue as a going concern.
The Company realized a net loss of $3,257,982 for the fiscal year
ending December 31, 2024, which is a 2.99% decrease in net loss
compared to a net loss of $3,358,533 during the fiscal year ending
December 31, 2023.
The Company has net cash used in operating activities of $854,646
and $3,147,054 for the years ended December 31, 2024 and 2023,
respectively. As of December 31, 2024, the Company had an
accumulated deficit of $7,576,463.
The Company's ability to continue as a going concern for the next
12 months is dependent upon its ability to generate sufficient cash
flows from operations to meet its obligations, which it has not
been able to accomplish to date, and/or to obtain additional
capital financing. No assurance can be given that the Company will
be successful in these efforts.
A full-text copy of the Company's Form 1-K is available at:
https://tinyurl.com/3drt2w8z
About Mode Mobile
Mode Mobile, Inc. is a technology company that operates the Mode
EarnOS enabling users the ability to earn rewards on a single
platform for interacting with digital content on their smartphones.
The Company also offers the Mode EarnPhone, a smartphone embedded
with the Company's EarnOS software for a more integrated and
enhanced earnings experience.
As of December 31, 2024, the Company had $15,121,751 in total
assets, $4,517,329 in total liabilities, and $10,604,422 in total
stockholders' equity.
MOORE MEDICAL: Gets Final OK to Use Cash Collateral
---------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando division, granted Moore Medical Group, Inc.'s motion to use
cash collateral on a final basis.
The court had previously authorized interim use under multiple
orders, all of which are now deemed final.
About Moore Medical Group
Moore Medical Group, Inc., a company in Lake Mary, Fla., filed a
petition under Chapter 11, Subchapter V of the Bankruptcy Code
(Bankr. M.D. Fla. Case No. 24-05162) on Sept. 24, 2024, listing
$481,336 in assets and $2,762,511 in liabilities. L. Todd Budgen,
Esq., a practicing attorney in Longwood, Fla., serves as Subchapter
V trustee.
Judge Grace E. Robson oversees the case.
The Debtor is represented by:
Katelyn M. Vinson, Esq.
Jennis Morse
Tel: 813-229-2800
Email: kvinson@jennislaw.com
MOUNTAINEER MERGER: Moody's Cuts CFR to 'Caa3', Outlook Stable
--------------------------------------------------------------
Moody's Ratings downgraded Mountaineer Merger Corporation's, parent
of Gabriel Brothers, Inc. (dba "Gabe's") corporate family rating to
Caa3 from Caa1 and its probability of default rating to D-PD from
Caa1-PD. Concurrently, Moody's downgraded the company's senior
secured first lien term loan rating to Ca from Caa2. The outlook
was changed to stable from negative.
The downgrade of the PDR to D-PD reflects that Gabe's did not make
its scheduled principal and interest payments on its senior secured
term loan when due or within the stipulated grace period. Moody's
views the missed payments as a default and a governance
consideration. The company entered into a forbearance agreement
with both its asset based revolving credit facility ("ABL") lenders
(not rated) and first lien term loan lenders on its missed term
loan interest and principal payments. Although the missed payment
pertains to the term loan, the ABL is included in the forbearance
agreement because of cross default provisions. The first lien term
loan agreement allowed for a five business days grace period on the
payment.
The downgrades of the CFR and senior secured bank credit facility
rating reflect Moody's expectations for weakened recovery
prospects. Gabe's credit metrics remain much weaker than expected
following the Old Time Pottery acquisition. The company has weak
liquidity, as demonstrated by its weak cash flow and modest
availability under its $175M ABL expiring October 2027.
The D-PD PDR designation will remain in place until a resolution of
the interest payment default.
RATINGS RATIONALE
Mountaineer Merger Corporation's Caa3 CFR reflects high funded debt
and weak interest coverage. Moody's expects EBIT/interest will
remain less than 1.0x for the next 12 months with minimal reduction
in the company's debt burden. Although Moody's expects improvement
in EBITDA in FY 2025 as the company continues to convert Old Time
Pottery (OTP) stores into fresher and updated Gabe's stores while
optimizing inventory offerings, liquidity will still remain
strained. The company's liquidity is weak reflecting weak free cash
flow generation and modest revolver availability that leaves no
cushion to absorb any further underperformance. The rating also
considers the company's small scale in a highly competitive
business environment with very large and well capitalized
competitors. Therefore, even small declines in EBITDA can impact
credits metrics significantly. Other rating considerations include
the somewhat discretionary nature of the company's products and
macroeconomic headwinds that could cause constrained consumers to
pull back purchases of discretionary items. The 2023 acquisition of
Old Time Pottery, a value home decor retailer, has been accretive
to earnings and has increased the company's scale but also
increases its exposure to home categories. However, approximately
90% of Gabe's inventory purchases are opportunistic and its
inventory purchasing cycle is shorter than its competitors which
allows the company to quickly change assortments depending on
consumer preferences. The company's off-price retail business
model, a segment which has historically grown faster than other
retail sub-sectors and has performed relatively well during
economic downturns, further supports its rating. Gabe's is owned by
private equity firm Warburg Pincus and risk of future aggressive
financial strategies is also reflected in the rating.
The stable outlook reflects that Moody's believes the current
ratings appropriately reflect the company's expected performance
and estimated recovery rate.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if there is a sustained improvement in
operating performance and liquidity or if the expected recovery
rate improves. Additionally, the probability of default rating
could be upgraded on a successful resolution of the non-payment of
interest outside of bankruptcy.
The ratings could be downgraded if recovery expectations
deteriorate further.
Mountaineer Merger Corporation is the parent of off-price retailer
Gabriel Brothers, Inc., dba "Gabe's" with 166 stores across 20
states. The company is owned by Warburg Pincus International LLC
and generated about $970 million in revenue for the LTM period
ended November 2, 2024.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
NAKED JUICE: Moody's Puts 'Ca' CFR Under Review for Upgrade
-----------------------------------------------------------
Moody's Ratings has appended a limited default (/LD) designation to
Naked Juice LLC's Probability of Default Rating, revising it to
Ca-PD/LD from Ca-PD. Moody's will remove the /LD designation in
approximately three business days. Moody's also placed the
company's Ca Corporate Family Rating and the PDR on review for
upgrade. Moody's took no action on the Ca ratings on the company's
existing $1.82 billion original principal amount senior secured
term loan or $105 million original principal senior secured delayed
draw term loan, or the C rating on the $450 million original
principal second lien term loan. Moody's withdrew the Ca ratings on
the $350 million revolver due January 2027 and $87 million senior
secured term loan due September 2025. Previously, the outlook was
stable.
The /LD designation and review for upgrade follows the completion
of debt exchanges stemming from an announcement on April 9, 2025
that Naked Juice entered into a Super Priority Credit Agreement to
exchange certain existing first and second lien terms loans into
new super priority term loans and also entered into a new revolving
credit facility. As part of this transaction and to shore up its
liquidity, the company put in place a $519 million super priority
First Lien First Out Term Loan (FL1O-TL) maturing January 2029
which consists of $400 million of "new money" and $119 million of
exchanged debt. The company also entered into a new $350 million
Revolving Credit Facility expiring December 2028 (new RCF) which is
partially FL1O and First Lien Second Out (FL2O). The new RCF
replaced the company's existing $350 million revolving credit
facility that was to expire in January 2027 and that was terminated
as part of the transaction with the revolver balance substantially
paid down from the proceeds of the new FL1O-TL. As a result,
Moody's are withdrawing the prior revolver rating. The company also
confirmed that subsequent exchanges closed on April 21, 2025 and
May 9, 2025. As part of the transactions, the bulk of the prior
first lien and second lien term loans were exchanged into the new
FL1O-TL maturing January 2029, a new FL2O-TL maturing January 2029
and a new First Lien Third Out Term Loan maturing January 2030
(FL3O-TL). In conjunction with the transactions, various term loans
provided by the equity sponsor PAI Partners and PepsiCo were
converted into the new FL3O-TL. Accordingly, Moody's are
withdrawing the Ca rating on the $87 million senior secured term
loan due September 2025 that was provided by PAI and PepsiCo. The
company also indicated that amendments to the prior first lien and
second lien agreements subordinated the remaining obligations under
those agreements to the term loans under the new Super Priority
Credit Agreement.
Moody's views the closing of the debt exchanges at significant
discounts and the subordination of the existing term loans to the
new debt as a distressed exchange of the prior term loan and
revolver. As a result, Moody's are appending a /LD to the Ca-PD/LD
PDR.
The review for upgrade reflects the improvement in liquidity
resulting from the transactions including the meaningful revolver
paydown, addition of cash to the balance sheet and maturity
extension for the PAI Partners and PepsiCo term loans.
Moody's are taking no action on the remaining rated instrument
ratings at this time because the final CFR following the review
will affect the instrument ratings. The rating on the prior first
lien term loan will likely be moved below the CFR due to the
subordination to the material amount of new super priority debt.
In the review, Moody's will assess: 1) the final capital structure
in place and forward credit metrics; 2) earnings and cash flow
outlook of the business and the company's ability to return to
sustainable growth; and 3) available liquidity as the company
continues to manage through a weaker demand environment and
increasing input costs as a result of US tariffs. Moody's are also
in discussions with the company to rate the new tranches and expect
to assign ratings when Moody's concludes the business update and
review, at which point Moody's expects to make any adjustments
necessary to the existing instrument ratings.
Moody's expects that Naked Juice will continue to experience
pressure on volume and will experience challenges fully recouping
cost increases as consumer demand is hurt more broadly by higher
prices on a range of goods. Naked Juice sources more than 60% of
its orange juice from Brazil. Although Naked Juice did increase
prices during the 1Q 2025, Moody's expects that it will be
difficult for the company to fully pass along the higher
procurement with additional pricing at a cost of further volume
declines. Moody's expects Naked Juice's debt-to-EBITDA will remain
very high at above 9.0x over the next 12 to 18 months and free cash
flow to remain negative.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
RATINGS RATIONALE
Naked Juice's existing Ca CFR reflects the very high leverage and
negative free cash flow. The ratings also reflect the company's
mature product category and increasing input costs related to
sourcing of orange juice and tariffs. The company must also
navigate through declining consumption of juice and a slow growth
environment as consumers continue to be negatively impacted by
inflation and may trade down to lower priced private label juices
or out of the category. Naked Juice's very high debt-to-EBITDA
leverage exceeded 10x as December 2024 is likely to stay elevated
and negative free cash flow makes it challenging to repay debt and
invest in growth opportunities. Naked Juice's sizable revenue base
supported by well-known brands in key juice categories such as
Tropicana, Naked and KeVita, only partially mitigate these risks.
Naked Juice also has a leading market position within the fresh
juice category with well-known brands and increased focus on
product and packaging innovation. The retention by PepsiCo of a 39%
stake in Naked Juice is beneficial on multiple fronts, including
maintenance of pre-existing contracts and distribution
arrangements. Moody's views the bulk of the company's products as
mature and low growth that can make it challenging to rapidly
de-leverage, and Naked Juice will need to invest in product
development, marketing, and distribution to generate consistent
organic revenue and earnings growth.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be downgraded further if earnings and free cash flow
do not improve, liquidity deteriorates or should Moody's views of
the level of family and instrument recovery declines.
Ratings could be upgraded if Naked Juice's improved liquidity
creates sufficient capacity to fund anticipated cash needs and
provides additional time and investment flexibility to execute its
strategies to restore revenue growth, improve earnings, increase
cash flow generation, and reduce leverage.
COMPANY PROFILE
Naked Juice LLC, headquartered in Chicago, Illinois, sells fresh
juices, teas, sparkling water and iced coffees. The company owns
the Tropicana, Naked Juice, KeVita and other select juice brands.
The company also sells products under licensed brands including
Dole, TAZO and Starbucks. The company was spun off from PepsiCo in
January 2022, with PAI Partners owning 61% and PepsiCo retaining a
39% stake. Revenue for the 12 months ended December 28, 2024 is
approximately $2.7 billion.
The principal methodology used in these ratings was Soft Beverages
published in September 2022.
NATIONAL FOOD: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: National Food & Beverage Foundation
d/b/a Southern Food and Beverage Museum
1504 O.C. Haley Blvd.
New Orleans, LA 70113
Business Description: The National Food & Beverage Foundation,
based in New Orleans, is a nonprofit
organization focused on the study and
celebration of food, drink, and related
cultural traditions in America and globally.
Its Southern Food and Beverage Museum houses
multiple entities, including the Museum of
the American Cocktail, SoFAB Research
Center, and Deelightful Roux School of
Cooking, among others, and serves as a
versatile event venue.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Eastern District of Louisiana
Case No.: 25-10974
Judge: Hon. Meredith S Grabill
Debtor's Counsel: Leo D. Congeni, Esq.
CONGENI LAW FIRM, LLC
650 Poydras St., Ste. 2750
New Orleans, LA 70130
Tel: (504) 522-4848
E-mail: leo@congenilawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Constance Jackson as president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MDBVODI/National_Food__Beverage_Foundation__laebke-25-10974__0001.0.pdf?mcid=tGE4TAMA
NAVIENT CORP: Fitch Assigns BB-(EXP) Rating on Sr. Unsecured Notes
------------------------------------------------------------------
Fitch Ratings expects to rate Navient Corporation's upcoming
long-term senior unsecured notes issuance 'BB-(EXP)'. The notes are
expected to mature in 2032. Proceeds from the issuance are expected
to be used for general corporate purposes, including the repurchase
of outstanding unsecured debt.
Key Rating Drivers
The unsecured debt is expected to rank pari passu with Navient's
existing senior unsecured debt, and therefore the expected rating
is equalized with its outstanding senior unsecured debt and
Long-Term Issuer Default Rating (IDR). The equalization reflects
average recovery prospects under a stress scenario given the
availability of unencumbered assets.
Fitch does not expect the debt issuance to have a meaningful impact
on the company's leverage profile as proceeds are primarily
expected to repurchase outstanding debt ahead of upcoming
maturities. Navient's leverage, calculated as debt to tangible
equity excluding debt and capital associated with the guaranteed
Federal Family Education Loan Program (FFELP) assets and the
mark-to-market gains/losses on derivatives, was 9.0x at 1Q25,
unchanged from YE24.
Navient's ratings reflect its sizable but shrinking scale and
position as one of the largest nongovernment owners of student loan
assets, its demonstrated track record (including as part of its
predecessor organization) in managing its loan portfolios, its
adequate liquidity profile, and the low credit risk and predictable
cash flow associated with its FFELP loan assets.
Rating constraints include Navient's monoline business model
focused on student lending, higher leverage relative to finance and
leasing company peers, a reliance on secured, wholesale funding,
high levels of asset encumbrance, and uncertainty related to its
longer-term strategic direction and growth prospects.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Shifts in strategy resulting in a degradation of Navient's
franchise and scale that materially weakens operating results,
access to funding and/or available liquidity;
- A sustained increase in Navient's debt-to-tangible equity ratio
(excluding FFELP and the mark-to-market on floor income hedges) to
over 12x;
- A decrease in the unsecured debt mix, representing less than 10%
of the company's non-FFELP funding;
- Significant deterioration in credit performance of the PSL
portfolio leading to materially weaker operating results;
- An increase in shareholder distributions above Navient's core
earnings.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Sustainable growth in core earnings from successful execution on
new loan originations or other product offerings;
- Strong credit performance of the private education loan refi
portfolio through periods of economic stress;
- A sustained reduction in leverage below 8.0x;
- Continued ability to access the unsecured debt market on economic
terms.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The senior unsecured debt rating is equalized with Navient's IDR.
The equalization reflects average recovery prospects under a stress
scenario given the availability of unencumbered assets.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The unsecured debt rating is expected to move in tandem with the
IDR. However, a meaningful increase in the proportion of secured
funding or a reduction of the unencumbered asset pool could result
in the unsecured debt rating being notched below the IDR.
ADJUSTMENTS
The Standalone Credit Profile (SCP) has been assigned in line with
the implied SCP.
The Business Profile score has been assigned below the implied
score due to the following adjustment reason: Business model
(negative).
The Asset Quality score has been assigned above the implied score
due to the following adjustment reason: Collateral and reserves
(positive).
The Capitalization and Leverage score has been assigned above the
implied score due to the following adjustment reason: Risk profile
and business model (positive).
Date of Relevant Committee
February 14, 2025
ESG Considerations
Navient has an ESG Relevance Score of '4' for Exposure to Social
Impacts due to its exposure to shifts in social or consumer
preferences as a result of an institution's social positions, or
social and/or political disapproval of core activities, which has a
negative impact on the credit profile, and is relevant to the
rating in conjunction with other factors.
Navient has an ESG Relevance Score of '4' for Customer Welfare -
Fair Messaging, Privacy, and Data Security due to its exposure to
compliance risks including fair lending practices, debt collection
practices and consumer data protection, which has a negative impact
on the credit profile, and is relevant to the rating in conjunction
with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating
----------- ------
Navient Corporation
senior unsecured LT BB-(EXP) Expected Rating
OUTKAST ELECTRICAL: Court Extends Cash Collateral Access to May 30
------------------------------------------------------------------
David Madoff, the Subchapter V operating trustee for Outkast
Electrical Contractors, Inc., received another extension from the
U.S. Bankruptcy Court for the District of Massachusetts to use cash
collateral.
The court issued a proceeding memorandum and order authorizing the
trustee to use until May 30 the funds advanced by Dimeo
Construction Company to the extent such funds constitute cash
collateral, with a 10% aggregate variance allowed.
The court also approved a related funding agreement with Dimeo
Construction Company, authorizing use of those funds per a separate
order.
As protection, BDC, Mill Cities Community Investments and the U.S.
Small Business Administration will be granted replacement liens on
post-petition assets as protection for the use of the cash
collateral. These liens will have the same priority as their
pre-bankruptcy liens.
If the joint Chapter 11 Subchapter V plan of reorganization for
Outkast does not become effective by May 30, the trustee may seek
further extension.
About Outkast Electrical Contractors
Outkast Electrical Contractors, Inc. provides full-service
commercial electrical construction and renovation services
throughout the greater Boston area. The company is based in
Dorchester Center, Mass.
Outkast filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Mass. Case No. 24-10272) on February 13,
2024, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. David Madoff, Esq., a partner at Madoff &
Khoury, LLP, serves as Subchapter V trustee.
Judge Janet E. Bostwick oversees the case.
John Sommerstein, Esq., at John F. Sommerstein represents the
Debtor as legal counsel.
P MAIO CONSTRUCTION: Unsecureds Will Get 46% of Claims over 3 Years
-------------------------------------------------------------------
P Maio Construction, LLC, submitted a First Amended Plan of
Reorganization for Small Business dated May 1, 2025.
The Debtor is seeking to reorganize its business operations in an
effort to substantially improve its balance sheet and achieve
financial stability.
In an effort to return to profitability, the Debtor has addressed
overhead expenses, reduced employee head count and has/is
negotiating surrenders of unnecessary vehicles/equipment. The
reduction in workforce and fleet of vehicles and equipment has led
to reductions in insurance costs, payroll and critical expenses
including fuel and other materials/supplies.
The Plan provides for payments to creditors from the Debtor's
ongoing business operations and the Debtor is seeking to emerge for
Chapter 11 at the optimal time period to capitalize on seasonal
projects.
The Debtor intends to pay its creditors which asserted a security
interest in specific collateral as follows: (a) for the collateral
necessary for reorganization, the Debtor shall continue to make
monthly payments as applicable under the financing agreements with
any arrears paid quarterly in equal installments during the first
year of the Plan; (b) for the collateral to be surrendered, any
deficiency claims following the disposition of the specific
collateral shall be treated as a general unsecured claim subject to
pro rata distribution. All liens on financed collateral shall
remain unaltered by the Plan, unless otherwise provided for herein.
The Debtor proposes to pay its priority claims in full on the
Effective Date of the Plan or on their allowance, whichever is
later in time.
The Debtor proposes to pay general unsecured creditors their pro
rata share, in the total amount of $131,000.00, in 8 quarterly
payments aggregating dividends of $54,000.00 in the second year of
the Plan and $77,000.00 in the third year of the Plan following the
Effective Date.
The amounts the Debtor is proposing to be paid under the Plan
constitute all of the Debtor's projected excess disposable income.
Class Eleven are holders of Allowed General Unsecured Claims,
including allowed deficiency claims of creditors in prior classes
and claims of creditors not otherwise classified under the Plan.
The estimated amount of unsecured claims is approximately
$429,934.95, subject to objection and reconciliation as provided
under the Plan and without all deficiency claims being asserted by
secured creditors from surrendered collateral.
In accordance with the Debtor's Cash Flow Analysis, following the
satisfaction of higher priority Classes, the Debtor has a projected
Net Disposable Income over 3 years of $198,193.00 (as defined in
Section 1325(b)(2) and 707(b)(2)(A) of the Bankruptcy Code), all of
which will be paid as follows:
* Commencing on the first quarter in Year 2 following the
Effective Date of the Plan, the Debtor shall make 8 quarterly
payments in an amount equal to the annual projected net disposable
income of the Debtor. The Debtor shall distribute the funds to the
holders of liquidated, noncontingent claims as scheduled or filed,
subject to timely objection to the validity or extent of each claim
(the "General Unsecured Claims") on a pro-rata basis quarterly
beginning in Year 2 following the Effective Date and thereafter
during the term of the 3-year Plan.
This Class will receive a distribution of 46% of their allowed
claims.
The Plan will be funded from a combination of (i) funds on hand in
the estate at the time of Confirmation; and (ii) future income
generated through sale of the Debtor's services and collection of
amounts due as receivables. The Cash Flow Analysis illustrates the
amount of income received from business earnings and the resulting
Disposable Income.
A full-text copy of the First Amended Plan dated May 1, 2025 is
available at https://urlcurt.com/u?l=DLdFMp from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Mark J. Politan, Esq.
POLITAN LAW, LLC
88 East Main Street, #502
Mendham, New Jersey 07945
Phone: (973) 768-6072
Email: mpolitan@politanlaw.com
About P Maio Construction
P Maio Construction, LLC, is a small business engaged in light
construction, masonry, and hauling business.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 24-20885) on Nov. 1, 2024,
with $100,001 to $500,000 in both assets and liabilities.
Mark Politan, Esq., at Politan Law, LLC, is the Debtor's bankruptcy
counsel.
PARAMOUNT REAL ESTATE: Robert Handler Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Region 11 appointed Robert Handler of
Commercial Recovery Associates, LLC as Subchapter V trustee for
Paramount Real Estate Investment, Inc.
Mr. Handler will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Handler declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Robert P. Handler
Commercial Recovery Associates, LLC
205 West Wacker Drive, Suite 918
Chicago, IL 60606
Tel: (312) 845-5001 x221
Email: rhandler@com-rec.com
About Paramount Real Estate Investment
Paramount Real Estate Investment Inc. is a Chicago-based real
estate investment company.
Paramount Real Estate Investment sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case
No. 25-06788) on May 1, 2025. In its petition, the Debtor reported
between $100,000 and $500,000 in both assets and liabilities.
Judge Michael B. Slade handles the case.
The Debtor is represented by Joel A. Schechter, Esq., at Law
Offices of Joel Schechter.
PARTIDA HOLDINGS OF FAYETTEVILLE: Gets OK to Use Cash Collateral
----------------------------------------------------------------
Partida Holdings of Fayetteville, LLC received final approval from
the U.S. Bankruptcy Court for the Western District of Oklahoma to
use cash collateral.
The court authorized the company to use cash collateral, including
accounts receivable, to pay operating expenses in accordance with
its 13-week budget, subject to a 10% variance per line item during
any rolling four-week period.
The budget projects total operational expenses of $211,434.
The court noted that merchant cash advance (MCA) creditors may hold
secured claims but acknowledged the company disputes the validity
of those liens. The order preserves all parties' rights to
challenge or defend lien validity.
The MCA creditors are entitled to a first-priority lien on the
company's post-petition collateral, subject to existing superior
liens on the collateral held by other creditors, if any, and the
carve-out.
In the event of any diminution in the value of their collateral,
the MCA creditors are entitled to superpriority claims, subordinate
only to the carve-out.
The final order remains effective during the pendency of the
company's bankruptcy case and until further order of the court.
About Partida Holdings of Fayettville
Partida Holdings of Fayettville, LLC sells and services generators
under a franchise agreement with Generator Supercenter Franchising,
LLC.
The Debtor filed Chapter 11 petition (Bankr. W.D. Okla. Case No.
25-11045) on April 10, 2025, listing up to $50,000 in assets and up
to $10 million in liabilities. Austin Partida, chief executive
officer, signed the petition.
Judge Sarah A. Hall oversees the case.
Amanda R. Blackwood, Esq., at Blackwood Law Firm, PLLC, represents
the Debtor as bankruptcy counsel.
PARTIDA HOLDINGS OF LAWTON: Gets Final OK to Use Cash Collateral
----------------------------------------------------------------
Partida Holdings of Lawton, LLC received final approval from the
U.S. Bankruptcy Court for the Western District of Oklahoma to use
cash collateral.
The final order authorized the company to use cash collateral,
including accounts receivable, to fund operations in accordance
with its 13-week budget, subject to a 10% variance per line-item.
The budget projects total operational expenses of $169,695.
Merchant cash advance creditors (MCA creditors) may hold
pre-bankruptcy liens, which are disputed by the company. The final
order granted these creditors first-priority post-petition liens,
subject to existing superior liens on the collateral held by other
creditors, and potential superpriority claims in case of any
diminution in the value of their collateral.
The final order remains effective during the pendency of the
company's bankruptcy case and until further order of the court.
About Partida Holdings of Lawton
Partida Holdings of Lawton, LLC sells and services generators under
a franchise agreement with Generator Supercenter Franchising, LLC.
The Debtor filed Chapter 11 petition (Bankr. W.D. Okla. Case No.
225-11043) on April 10, 2025, listing up to $50,000 in assets and
up to $10 million in liabilities. Austin Partida, chief executive
officer, signed the petition.
Judge Sarah A. Hall oversees the case.
Amanda R. Blackwood, Esq., at Blackwood Law Firm, PLLC, represents
the Debtor as bankruptcy counsel.
PARTIDA HOLDINGS OF LITTLE ROCK: Gets OK to Use Cash Collateral
---------------------------------------------------------------
The U.S. Bankruptcy Court Western District of Oklahoma issued a
final order granting Partida Holdings of Little Rock, LLC authority
to use cash collateral.
The final order authorized the company to use cash collateral,
including accounts receivable to fund operations pursuant to its
13-week budget, subject to a 10% variance per line-item.
The budget projects total operational expenses of $259,872.
Merchant cash advance creditors (MCA creditors) may hold
pre-bankruptcy liens, which are disputed by the company. The final
order granted these creditors first-priority post-petition liens,
subject to existing superior liens on the collateral held by other
creditors, and potential superpriority claims in case of any
diminution in the value of their collateral.
The final order remains effective during the pendency of the
company's bankruptcy case and until further order of the court.
About Partida Holdings of Little Rock
Partida Holdings of Little Rock, LLC sells and services generators
under a franchise agreement with Generator Supercenter Franchising,
LLC.
The Debtor filed Chapter 11 petition (Bankr. W.D. Okla. Case No.
25-11041) on April 10, 2025, listing up to $50,000 in assets and up
to $10 million in liabilities. Austin Partida, chief executive
officer, signed the petition.
Judge Sarah A. Hall oversees the case.
Amanda R. Blackwood, Esq., at Blackwood Law Firm, PLLC, represents
the Debtor as bankruptcy counsel.
PARTIDA HOLDINGS OF TULSA: Gets Final OK to Use Cash Collateral
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of Oklahoma
issued a final order authorizing Partida Holdings of Tulsa, LLC to
use cash collateral.
The final order authorized the company to use cash collateral,
including accounts receivable, to pay operating expenses in
accordance with its 13-week budget, subject to a 10% variance per
line item during any rolling four-week period.
Merchant cash advance creditors may hold pre-bankruptcy liens,
which are disputed by the company. The final order granted these
creditors first-priority post-petition liens, subject to existing
superior liens on the collateral held by other creditors, and
potential superpriority claims in case of any diminution in the
value of their collateral.
The final order remains effective during the pendency of the
company's bankruptcy case and until further order of the court.
About Partida Holdings of Tulsa
Partida Holdings of Tulsa, LLC sells and services generators under
a franchise agreement with Generator Supercenter Franchising, LLC.
The Debtor filed Chapter 11 petition (Bankr. W.D. Okla. Case No.
25-11038) on April 10, 2025, listing up to $50,000 in assets and up
to $10 million in liabilities. Austin Partida, chief executive
officer, signed the petition.
Judge Sarah A. Hall oversees the case.
Amanda R. Blackwood, Esq., at Blackwood Law Firm, PLLC, represents
the Debtor as bankruptcy counsel.
PAWLUS DENTAL: Case Summary & 16 Unsecured Creditors
----------------------------------------------------
Debtor: Pawlus Dental, Inc.
4001 W. Goeller Blvd., Suite C
Columbus IN 47201
Business Description: Pawlus Dental, Inc. provides comprehensive
dental services in Columbus, Indiana,
focusing on preserving natural teeth and
enhancing smile aesthetics. The practice
offers treatments including dental implants,
sleep apnea management, clear aligners,
periodontal and cosmetic care, preventive
and restorative dentistry, wisdom teeth
extraction, root canal therapy, and sedation
dentistry.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Southern District of Indiana
Case No.: 25-02780
Judge: Hon. James M Carr
Debtor's Counsel: John Allman, Esq.
HESTER BAKER KREBS LLC
One Indiana Sq Suite 1330
Indianapolis, IN 46204
Tel: 317-833-3030
E-mail: jallman@hbkfirm.com
Total Assets: $890,156
Total Liabilities: $1,119,328
The petition was signed by John G. Pawlus as president/owner.
A full-text copy of the petition, which includes a list of the
Debtor's 16 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Y2TBL4Q/Pawlus_Dental_Inc__insbke-25-02780__0001.0.pdf?mcid=tGE4TAMA
PEPPER PALACE: Saratoga Marks $2.4 Million 1L Loan at 45% Off
-------------------------------------------------------------
Saratoga Investment Corp. has marked its $2,400,000 loan extended
to Pepper Palace, Inc. to market at $1,326,000 or 55% of the
outstanding amount, according to Saratoga's Form 10-K for the
fiscal year ended February 28, 2025, filed with the U.S. Securities
and Exchange Commission.
Saratoga is a participant in a First Lien Term Loan to Pepper
Palace, Inc. The loan accrues interest at a rate of 4.42% payment
in kind per annum. The loan matures on December 31, 2028.
Saratoga is a non-diversified closed end management investment
company incorporated in Maryland that has elected to be treated and
is regulated as a business development company under the Investment
Company Act of 1940, as amended. The Company commenced operations
on March 23, 2007 as GSC Investment Corp. and completed the initial
public offering on March 28, 2007. The Company has elected, and
intends to qualify annually, to be treated for U.S. federal income
tax purposes as a regulated investment company under Subchapter M
of the Internal Revenue Code of 1986, as amended.
Saratoga is led by Christian L. Oberbeck, Founder, Chief Executive
Officer; and Henri J. Steenkamp, Chief Financial Officer and Chief
Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Pepper Palace, Inc.
Pepper Palace, Inc. is a specialty food retailer.
PETROLEOS DE VENEZUELA: May 28, 2025 Deadline for Topping Bids
--------------------------------------------------------------
On January 14, 2021, the United States District Court for the
District of Delaware issued an opinion and corresponding order
setting forth certain contours for the sale of the shares of PDV
Holding, Inc., owned by Petroleos de Venezuela, S.A (the "PDVSA")
in connection with the proceeding captioned CRYSTALLEX
INTERNATIONAL CORPORATION, Plaintiff v. BOLIVARIAN REPUSLIC OF
VENEZUELA, Defendant, Misc. No. 17-151-LPS. PDVH is the sole
shareholder and direct parent of CITGO Holding, Inc. which in turn
is the sole stakeholder and direct parent of CITGO Petroleum
Corporation. In furtherance of the Court's order, the Court
appointed Robert B. Pincus as special master on April 13,2021 to
assist the Court with the sale of the PDVH Shares. The Special
Master is advised by Well, Gotshal & Manges LLP as transaction
counsel, and Evercore Group LLC, as investment banker.
On October 11, 2022, the Court entered an order (i) approving
bidding procedures, substantially in the form attached to the Sale
Procedures Order as Exhibit 1; (ii) authorizing and approving the
Notice Procedures for the Sale Hearing, and (iii) granting related
relief.
On December 31,2024, the Court entered an order that set a revised
timeline and procedures for the sale of the PDVH Shares, including
(i) setting forth the procedures for approval of (a) Bidder
Protections that will be made available to any Stalking Horse
approved by the Court, (b) material terms of a Stock Purchase
Agreement and, subsequently, a long-form Stock Purchase Agreement
and (c) Evaluation Criteria for Stalking Horse Bids, Base Bids, and
Successful Bids; (iii) setting forth procedures for amendments to
the Sale Procedures Order and Bidding Procedures; (iii) setting
deadlines for the submission of bids, the Special Master's
recommendations, and objections thereto; (iv) scheduling a Sale
Hearing; and (v) granting related relief.
On January 27, 2025, the Court entered an order adopting certain
bidder protections and material terms to be included in the Stock
Purchase Agreement.
On April 21, 2025, the Court entered an order designating Red Tree
Investments, LLC as the Stalking Horse and providing additional
guidance as to the Court's expectations for the Topping Period,
among other things.
On April 25, 2025, the Court entered an order that set a timeline,
as set forth below, for the completion of the Topping Period and
briefing related thereto, among other things.
Assets to be Sold: PDVH Shares
Interested parties may submit bids for the purchase and sale of
some or all of the PDVH Shares in accordance with the terms and
conditions set forth in the Bidding Procedures as may be amended
pursuant to the December 31 Order. To avoid any ambiguity, parties
may submit bids for less than 100% of the PDVH Shares so long as
such bid satisfies the Attached Judgments.
Important Dates and Deadlines
* April 28,2025 - Launch of the Topping Period.
* May 28, 2025 - Deadline for bidders to submit topping bids
* June 11,2025 - Deadline for Special Master to submit his Final
Recommendation.
* June 20,2025 - Deadline for the filing of any objections to the
Special Master's Final Recommendation.
* June 27, 2025 - Deadline for the filing of responses to
objections to the Special Master's Final Recommendation.
* July 3,2025 - Deadline for the filing of replies regarding any
objections the Special Master's Final Recommendation.
* July 10,2025 - Deadline for Special Master to submit joint status
report, in coordination with all parties-in-interest, setting forth
the parameters of the Sale Hearing.
* July 17,2025 - Conclusion of the discovery period.
* July 22, 2025 - Commencement of Sale Hearing to be held in
Wilmington, Delware.
Additional information
Any party interested in submitting a bid should contact the Special
Master's investment banker, Evercore at
Project-Horizon@evercore.com,as soon as possible.
The modified Sale Procedures Order, modifed Bidding Procedures,
including Bidder Protections and Evaluation Criteria, and a Stock
Purchase Agreement will be made available as soon as they are
finalized and may be requested free of charge by email to the
Special Master's counsel Weil Gotshal & Manges LLP at
Project.Horizon.Weil@weil.com.
FAILURE TO ABIDE BY THE BIDDING PROCEDURES, THE SALE PROCEDURES
ORDER, THE DECEMBER 31 ORDER, THE STALKNG HORSE ORDER, THE
SCHEDULING ORDER, OR ANY OTHER ORDER OF THE COURT MAY RESULT IN THE
RECJECTION OF YOUR BID.
About PDVSA
Founded in 1976, Petroleos de Venezuela, S.A. (PDVSA) is the
Venezuelan state-owned oil and natural gas company, which engages
in exploration, production, refining and exporting oil as well as
exploration and production of natural gas. It employs around
70,000 people and reported $48 billion in revenues in 2016.
In May 2019, Moody's Investors Service withdrew all the ratings of
Petroleos de Venezuela, S.A. including the senior unsecured and
senior secured ratings due to insufficient information. At the
time of withdrawal, the ratings were C and the outlook was stable.
Citgo Petroleum Corporation (CITGO) is Venezuela's main foreign
asset. CITGO is majority-owned by PDVSA. CITGO is a United
States-based refiner, transporter and marketer of transportation
fuels, lubricants, petrochemicals and other industrial products.
However, CITGO formally cut ties with PDVSA at about February 2019
after U.S. sanctions were imposed on PDVSA. The sanctions are
designed to curb oil revenues to the administration of President
Nicolas Maduro and support for the Juan Guaido-headed party.
PR DIAMOND: Gets Interim OK to Use Cash Collateral Until June 10
----------------------------------------------------------------
PR Diamond Products, Inc. got the green light from the U.S.
Bankruptcy Court for the District of Nevada to use cash
collateral.
The order penned by Judge Natalie Cox authorized the company's
interim use of cash collateral for the period from April 25 until
the final hearing in accordance with its budget. The final hearing
is set for June 10.
Clark County Credit Union, a secured creditor, will be provided
with protection in the form of replacement lien on the company's
assets; monthly payment of $2,200; and superpriority claim.
Clark County Credit Union is represented by:
Zachary T. Ball, Esq.
The Ball Law Group
1935 Village Center Circle, Ste. 120
Las Vegas, NV 89134
Telephone: (702) 303-8600
zball@balllawgroup.com
About PR Diamond Products
PR Diamond Products Inc., operating as Brand X Blades, is a Las
Vegas-based manufacturer and distributor of diamond cutting tools
and blades for construction and industrial applications.
PR Diamond Products sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-12370) on
April 25, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge Natalie M. Cox handles the case.
The Debtor is represented by Matthew C. Zirzow, Esq., at Larson &
Zirzow, LLC.
PRESBYTERIAN VILLAGES: Fitch Affirms 'BB-' IDR, Outlook Negative
----------------------------------------------------------------
Fitch Ratings has affirmed the Issuer Default Rating (IDR) for the
Presbyterian Villages of Michigan Obligated Group (PVM OG) at
'BB-'. Fitch has also affirmed the following PVM OG bonds at
'BB-':
- $17.8 million series 2020A revenue bonds issued by the Public
Finance Authority (Wisconsin);
- $28.2 million of series 2015 revenue bonds issued by the Michigan
Finance Authority.
The Rating Outlook is Negative.
Entity/Debt Rating Prior
----------- ------ -----
Presbyterian Villages
of Michigan Obligated
Group (MI) LT IDR BB- Affirmed BB-
Presbyterian Villages
of Michigan Obligated
Group (MI) /General
Revenues/1 LT LT BB- Affirmed BB-
The affirmation is based on balance sheet improvement. In early May
of 2025, PVM received approximately 10 million in proceeds from the
divesture of its stake in PACE Central Michigan. The affirmation
also assumes PVM will receive approximately $3 million in ERC funds
in 2025 and receive approximately $3 million in proceeds from two
additional divestitures in 2026. This cash infusion has improved
proforma cash to adjusted debt from 21% at unaudited FYE 2024 to
36%, which is consistent with the lower-end of the 'bb' financial
profile.
The Negative Outlook reflects execution risk involved in PVM's
ability to continue implementing cost containment strategies which
will allow it to preserve the net proceeds from the PACE sale, and
successfully divest other targeted assets.
SECURITY
The bonds are secured by a pledge of unrestricted receivables, a
mortgage on certain properties and a debt service reserve fund.
KEY RATING DRIVERS
Revenue Defensibility - bbb
Mixed Market Assessments
The 'bbb' assessment is supported by a relatively steady level of
occupancy across the OG, more recently bolstered by continued fill
at the East Harbor campus' rental ILU expansion.
The PVM OG includes two contrasting campuses: East Harbor and
Westland. Westland primarily targets middle to low-income residents
due to its socioeconomically challenged primary service area.
Management has been pursuing plans to convert approximately half or
less of the Westland campus to low-income housing and remove the
units from the OG. Conversely, East Harbor is in a stronger market
area with more favorable demographic characteristics, helping to
anchor the 'bbb' assessment.
While competitors are present in the broader area, competition is
somewhat limited in the communities immediately surrounding
Westland and East Harbor. Both East Harbor and Westland are similar
in unit size, but East Harbor contributes significantly more in
revenue and margin to the overall PVM enterprise.
Combined overall occupancy for the OG, including the Harbor Inn
expansion units was adequate at 89% on March 31, 2024. Occupancy
for the 96 rental ILU expansion on the East Harbor campus, Harbor
Inn has slowly climbed to 85% at the end of Q1 '25 from 64% in Q2
23. The protracted ILU expansion fill at the Harbor Inn campus has
contributed to ongoing cost containment pressure.
PVM OG mostly offers rental contracts, limiting exposure to local
housing market volatility.
Operating Risk - bb
Cost Containment Strategies Underway
Fitch's 'bb' assessment of PVM OG's operating risk reflects its
nominal historical operating performance and mainly rental contract
mix. From FY 2019 through 2021, cost containment was soft with an
average operating ratio, net operating margin (NOM) and
NOM-adjusted margin of 100.6%, negative 1.1% and negative 0.8%
respectively. Increased labor costs pressured these ratios further
with an operating ratio and NOM- adjusted margin for 2023 of 118%,
and negative 13% respectively.
To address the DSCR covenant violations of 2023 and 2024, PVM
implemented several cost containment strategies. These resulted in
improved, though still very weak, OR of 107.1%. Fitch expects this
metric to improve to levels at or below 105% over the next several
years as PVM continues to control expenses.
PVM OG has a history of good capital investment, balanced against a
somewhat elevated average age of plant of about 17 years. PVM OG
reported it has no additional debt or major capex plans.; rather it
is considering restructuring its assets and business model through
the divestiture of non-performing assets to best preserve future
viability. Recent years of elevated spending should support some
easing of capital outlays as PVM executes on its strategic efforts,
and its capital-related metrics from should remain consistent and
sufficient to absorb routine capital needs in the context of its
current operating plans.
PVM no longer subsidizes routine operations outside the Obligated
Group, though it may advance funds for urgent health and safety
items subject to HUD/MSHDA reimbursement. Fitch expects this to
help stabilize future cash flow.
PVM carries an additional asymmetric risk consideration reflecting
the high relative level of Medicaid revenue, underscores the 'bb'
operating risk assessment and is integral to its assessment of
execution risk.
Financial Profile - bb
Weak Financial Profile
PVM's financial profile exhibits some strain related to an erosion
in balance sheet strength, though there are no additional debt
plans to elevate concerns. The stress of filling the Harbor Inn
expansion along with continued labor and inflationary pressures
eroded PVM's balance sheet liquidity to approximately $9.7 million
at FYE 2024, or 21% cash-to-adjusted debt. The $10 million of
divestiture proceeds improves this to 36% cash to adjusted debt,
though it remains below $23 million and 44% cash to adjusted debt
in 2021.
Much of PVM's balance sheet erosion reflects cash burn from
increased labor costs, subsidies to non-obligated group members,
and elevated corporate expenses. Implementation of the Plante Moran
consultant report has addressed and abated these pressures. Fitch
expects continued austerity measures will enable PVM to preserve
its improved balance sheet and maintain its 'BB-' rating.
Fitch calculated MADS coverage, which includes unrealized PACE
revenue and has been consistent with the weak assessment, averaging
approximately 1.1x over the past five years. Management reported 65
DCOH for 2024, which is below the 90 DCOH covenant required minimum
for which PVM is seeking a waiver or forbearance from its
bondholders. With the divestiture proceeds, Fitch calculates 154
days of proforma DCOH for 2024, indicating PVM is likely to exceed
the DCOH minimum requirement on the next testing date of June 30,
2025. As PVM's DCOH remains below Fitch's 200 DCOH threshold to
assess relative liquidity, Fitch incorporates an asymmetrically
'weaker' consideration in its 'bb assessment of PVM's financial
profile.
Management reported a DSCR of .17x for 2024. The shortfall was
primarily driven by operating losses from low occupancy, poor PACE
performance, agency usage and high corporate overhead.
Approximately 35% of PVM's $67 million in debt is held by
Huntington bank. The missed DSCRs for 2023 and 2024 are considered
an Event of Default, for which PVM is currently seeking
forbearance. Fitch expects this will successfully enable the
"unqualified" release of the fiscal 2023 and 2024 audited financial
statements.
Asymmetric Additional Risk Considerations
PVM's operating risk profile incorporates a weaker asymmetric
consideration. This is due to a payor mix that is heavily dependent
on governmental reimbursement with Medicaid revenue generally
exceeding 25% of net revenues over the past several years.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to secure a waiver or forbearance agreement from
creditors for covenant violations;
- Cash-to-adjusted debt sustained below 30%;
- MADS coverage below 1x;
- Operating ratios consistently above 105%;
- Deterioration in combined ILU occupancy below 70%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Waiver or forbearance agreement with expected cash-to-adjusted
debt stabilizing above 45%;
- Improved and sustained operating performance, with an operating
ratio at or below 105%;
- MADS coverage consistently above 1.2x;
- Occupancy at the Harbor Inn expansion sustained above 86%.
PROFILE
PVM OG is an aging services network and is headquartered in
Southfield, MI. It consists of PVM Corporate, the PVM Foundation,
life plan communities in Westland and Chesterfield (East Harbor),
Weinberg Green Houses and Presbyterian Village North (which owns 13
acres of undeveloped land and a general partner and limited partner
interest in two Low Income Housing Tax Credit non-OG entities).
The two PVM OG campuses total 385 independent rental units
(including Harbor Inn), 116 assisted living units (ALU) and 102
skilled nursing (SNF) beds. With the issuance of the series 2020
bonds, PVM OG added the following entities:
- Harry and Jeanette Weinberg Green Houses (WGH) at Rivertown
located in Detroit.
PVM is the sole member of WGH. WGH was completed in 2017 and
consists of 21 studio apartments;
- Harbor Inn, Chesterfield Township, Michigan. Presbyterian Village
East is the sole member of Harbor Inn. The capital project that the
bonds will primarily fund will support Harbor Inn which added 96
independent living apartments and ranch homes on the Village of
East Harbor campus.
PVM OG also has an ownership interest in approximately 2,021 ILUs
and ALUs through nonobligated entities and an equity interest in a
Program of All-Inclusive Care for the Elderly (PACE), PACE
Southeast Michigan. PVM manages 486 ILUs and ALUs for which it does
not have an ownership interest. All PVM owned and managed
properties are in Michigan.
PVM OG recorded $41 million in operating revenue in fiscal 2024
(Dec. 31 year-end).
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from Lumesis.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
RAMJAY INC: Angela Shortall of 3Cubed Named Subchapter V Trustee
----------------------------------------------------------------
The Acting U.S. Trustee for Region 4 appointed Angela Shortall of
3Cubed Advisory Services, LLC, as Subchapter V trustee for Ramjay,
Inc.
Ms. Shortall will be paid an hourly fee of $525 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Shortall declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Angela L. Shortall
3Cubed Advisory Services, LLC
111 S. Calvert St., Suite 1400
Baltimore, MD 21202
Phone: 410-783-6385
About Ramjay Inc.
Ramjay, Inc. is an Alexandria, Va.-based company that operates in
taxi and limousine service industry.
Ramjay sought protection under Chapter 11 of the Bankruptcy Code
(Bankr. E.D. Va. Case No. 21-10809) on May 4, 2021, disclosing up
to $1 million in assets and up to $10 million in liabilities. Judge
Brian F. Kenney oversees the case.
The Debtor tapped the Law Office of John P. Forest, II as legal
counsel and Miara Rasamoelina of Miara CPA Inc. as accountant.
Kutak Rock, LLP represents Newtek Small Business Finance, LLC,
creditor.
REEF POOLS: Ruediger Mueller of TCMI Named Subchapter V Trustee
---------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Ruediger Mueller of TCMI,
Inc. as Subchapter V trustee for Reef Pools, LLC.
Mr. Mueller will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Mueller declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Ruediger Mueller
TCMI, Inc.
1112 Watson Court
Reunion, FL 34747
Telephone: (678) 863-0473
Facsimile: (407) 540-9306
Email: truste@tcmius.com
About Reef Pools LLC
Reef Pools, LLC is a company involved in swimming pool
construction, installation, or maintenance based in Bradenton,
Fla.
Reef Pools sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02852) on April
30, 2025. In its petition, the Debtor reported assets between
$50,000 and $100,000 and liabilities between $100,000 and
$500,000.
Judge Catherine Peek Mcewen handles the case.
The Debtor is represented by Kevin Comer, Esq., at Comer Law Firm.
REGIONS PROPERTY: Carol Fox Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 21 appointed Carol Lynn Fox of
GlassRatner as Subchapter V trustee for Regions Property Management
& Construction Inc.
Ms. Fox will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Fox declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Carol Lynn Fox
GlassRatner
200 East Broward Blvd., Suite 1010
Fort Lauderdale, FL 33301
Tel: 954.859.5075
Email: cfox@brileyfin.com
About Regions Property Management & Construction
Regions Property Management & Construction, Inc. sought relief
under Subchapter V of Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-14015) on April 12, 2025. In its
petition, the Debtor reported between $100,000 and $500,000 in
assets and between $1 million and $10 million in liabilities.
The Debtor is represented by Brian K. McMahon, Esq., at Brian K.
McMahon, PA.
RITE AID: Faces Proposed Class Action Alleging Unlawful Layoffs
---------------------------------------------------------------
James Nani of Bloomberg Law reports that A former Rite Aid employee
has filed a proposed class action claiming the company violated
federal law by failing to provide sufficient advance notice before
conducting mass layoffs during its bankruptcy proceedings.
Martin C. Gordon II, a former worker at New Rite Aid LLC, filed the
complaint in the U.S. Bankruptcy Court for the District of New
Jersey on Friday. He seeks to represent a group of at least 300
former employees who he says were let go in violation of the
federal Worker Adjustment and Retraining Notification (WARN) Act,
according to Bloomberg Law.
Gordon is pursuing compensation equal to 60 days’ pay and
benefits for the impacted workers, the report states.
About Rite Aid Corp.
Rite Aid -- http://www.riteaid.com-- is a full-service pharmacy
that improves health outcomes. Rite Aid is defining the modern
pharmacy by meeting customer needs with a wide range of vehicles
that offer convenience, including retail and delivery pharmacy, as
well as services offered through our wholly owned subsidiaries,
Elixir, Bartell Drugs and Health Dialog. Elixir, Rite Aid's
pharmacy benefits and services company, consists of accredited mail
and specialty pharmacies, prescription discount programs and an
industry leading adjudication platform to offer superior member
experience and cost savings. Health Dialog provides healthcare
coaching and disease management services via live online and phone
health services. Regional chain Bartell Drugs has supported the
health and wellness needs in the Seattle area for more than 130
years. Rite Aid employs more than 6,100 pharmacists and operates
more than 2,100 retail pharmacy locations across 17 states.
The Debtors sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D.N.J. Lead Case No. 23-18993) on Oct. 15, 2023. In
the petition signed by Jeffrey S. Stein, chief executive officer
and chief restructuring officer, Rite Aid disclosed $7,650,418,000
in total assets and $8,597,866,000 in total liabilities.
Judge Michael B. Kaplan oversees the cases.
The Debtors tapped Kirkland & Ellis LLP and Kirkland & Ellis
International LLP as general bankruptcy counsel, Cole Schotz, P.C.,
as local bankruptcy counsel, Guggenheim Partners as investment
banker, Alvarez & Marsal North America, LLC as financial, tax and
restructuring advisor, and Kroll Restructuring Administration as
claims and noticing agent.
2nd Attempt
Rite Aid Corp. and subsidiaries sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-14861) on
May 5, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Michael B. Kaplan oversees the case.
The Debtor is represented by Michael D. Sirota, Esq., Warren A.
Usatine, Esq., Felice R. Yudkin, Esq., and Seth Van Aalten, Esq. at
COLE SCHOTZ P.C. and Andrew N. Rosenberg, Esq., Alice Belisle
Eaton, Esq., Christopher Hopkins, Esq., and Sean A. Mitchell, Esq.
at PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP.
Advisors to the Company include Paul, Weiss, Rifkind, Wharton &
Garrison LLP (legal), Guggenheim Securities, LLC (investment
banking), Alvarez & Marsal (financial), and Joele Frank, Wilkinson
Brimmer Katcher (strategic communications). A&G REALTY PARTNERS,
LLC is the Debtor's Real Estate Advisory Services Provider and
KROLL RESTRUCTURING ADMINISTRATION LLC as Claims & Noticing Agent.
RIVE RELEASING: Auction of Collateral Scheduled for May 22
----------------------------------------------------------
Raven Asset-Based Credit Fund I LP is the administrative agent for
the lenders {in such capacities, the "Secured Party") under that
certain Loan and Security Agreement, dated as of July 20, 2020 (as
amended, restated, supplemented or otherwise modified from time to
time, the "Credit Agreement"). Pursuant to the Credit Agreement,
RIVE Releasing, LLC (the "Debtor") granted the Secured Party a
Security interest in all of its Collateral (as defined in the
Credit Agreement). The Debtor is in default of its obligations
under the Credit Agreement.
This notice is being published pursuant to Sections 9-610 and 9-611
of the Uniform Commercial Code, as enacted and applicable with the
State of New York (the "UCC").
The Secured Party intends to sell (the "Sale") some or all of the
Collateral described on Exhibit A hereto (the "Sale Collateral") in
public as follows (as such date, time and location maybe continued,
postponed or otherwise delayed, modified or adjusted in the
discretion of the Secured Party from time to time):
Day and Date: May 22, 2025
Time: 10:00 a.m. (Pacific Time)
Place: Paul Hastings LLP 1999 Avenue of the Stars, 27th Floor,
Century City, CA 90067
The Public Auction will also be available by teleconference. Remote
access details can be requested from Dov Goodman at
Paul Hastings LLP at 310-620-5736 or dovgoodman@paulhastings.com.
Persons interested in participating in the Public Auction should
contact Mr. Goodman no later than five (5) days prior to the Sale
Date.
The purchase price for the Sale Collateral shall be payable by wire
transfer drawn on US banks in same-day funds or by certified or
bank check drawn upon a US bank as follows: (i) a one million
dollar ($1,000,000) deposit "Good Faith Deposit") is required to be
delivered at least one (1) business day prior to the Sale Date,
which deposit shall be delivered pursuant to wire instructions
available upon request by a prospective bidder to Mr. Goodman, (ii)
within one (1) business day following the Sale Date, the winning
bidder shall if necessary, deposit additional cash with the Secured
Party in order to, when aggregated with the Good Faith Deposit,
ensure that the Secured Party has received cash in an amount not
less than 20% of the winning purchase price amount and (iii) the
balance of the purchase price shall be payable within fifteen (15)
days following such successful bid.
All Good Faith Deposits shall be non-refundable once submitted;
provided, that, if a bidder who has delivered a Good Faith Deposit
is not selected as the winning bidder, they shall be entitled to
the return of their Good Faith Deposit within five (5) business
days after the Sale Date.
If a winning bidder fails to timely consummate the purchase of the
Sale Collateral due to a breach or failure to perform on the part
of such winning, such defaulting winning bidder's Good Faith
Deposit shall be forfeited to the Secured Party and the Secured
Party reserves the right to seek all available damages from such
defaulting winning bidder.
The bids made at the auction must be accompanied by evidence
satisfactory to the Secured Party, in its sole and absolute
discretion, of the bidder's ability to make payment in cash in full
of the purchase price as and when required by the terms of the
Sale.
The Sale shall be subject to the further conditions set forth in
the terms of sale which are available upon request fram Mr. Goodman
and such revisions thereto as may be announced prior to or at the
start of the auction. Copies of documentation available to the
Secured Party concerning the Sale Collateral will be made available
to qualified bidders who have entered into a
confidentiality acceptable to the Secured Party.
The Secured Party reserves the right to bid, to become purchaser at
the Sale, without deposit, to credit against the purchase price all
sums related to the Obligations under the Credit Agreement and to
adjourn, delay or terminate the Sale at any time. The Sale
Collateral will be sold "as is" and "where is" and without any
implied of express representation, warranty or covenant, including
without limitation any warranty relating to title, possession,
quiet enjoyment, or the like, in the disposition of any or all of
the Sale Collateral.
The Sale Collateral may be sold as a block, although the Secured
Party reserves the right to consider proposals to only acquire
certain assets. Among other requirements, the purchaser at the Sale
will be required to represent that any Sale Collateral consisting
of securities is being acquired for the purchaser's own account and
not with a view to the sale or distribution thereof and that such
Sale Collateral will not be resold unless pursuant to an effective
registration statement under the Securities Act of 1983 (the "Act")
and any applicable state securities laws or under a valid exemption
from the registration requirements of the Act and such laws. The
purchaser will also be required to provide the Secured Party with
an investment letter.
EXHIBIT A (Description of Sale Collateral)
All of the Debtor's right, title and interest (of every kind and
nature) in and to all equipment, personal property (including
things in action), copyrights, trademarks, patents, intellectual
property, documents, goods, inventory, investment property
(including all preferred equity interests issued by AMBI Exclusive
Acquisition Co, LLC owned by the Debtor), letter of credit rights,
supporting obligations, accounts receivable, deposit accounts
including the Collection Account (as defined in the Existing Credit
Agreement), contract rights and general intangibles, chattel paper,
negotiable instruments and other negotiable collateral and all
other personal property of the Debtor and all products and
proceeds.
SMITH HEALTH: No Resident Care Concern, 3rd PCO Report Says
-----------------------------------------------------------
Margaret Barajas, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Middle District of Pennsylvania her third
report regarding the quality of patient care provided by Smith
Health Care, LTD.
The ombudsman observed that an activities calendar is posted with
appropriate activities. Snacks are available to residents. The
facility and resident rooms appear clean. No concerns were received
regarding call bells.
During the site visit on May 1, the staff was observed preparing
the outside courtyard for resident use. The ombudsman observed that
the current occupancy rates indicate a decrease of one resident
since the previous report. Local ombudsman records indicate that
this census, based on the number of available beds, is similar to
other personal-care facilities in the area.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=teUNv8 from PacerMonitor.com.
About Smith Health Care Ltd.
Smith Health Care Ltd., formerly known as Smith Nursing and
Convalescent Home of Mountain Top, Inc., provides inpatient nursing
and rehabilitative services to patients who require continuous
health care. It is based in Mountain Top, Pa.
Smith Health Care filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. M.D. Pa. Case No. 24-02892) on
November 7, 2024, with $1 million to $10 million in both assets and
liabilities. Donna Strittmatter, president of Smith Health Care,
signed the petition.
Judge Mark J. Conway handles the case.
The Debtor is represented by Robert E. Chernicoff, Esq., at
Cunningham, Chernicoff & Warshawsky, PC.
Margaret Barajas is the patient care ombudsman appointed in the
Debtor's case.
SPORTIF VENTURES: Edward Burr Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 17 appointed Edward Burr of Mac
Restructuring Advisors, LLC as Subchapter V trustee for Sportif
Ventures, LLC.
Mr. Burr will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Burr declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Edward Burr
Mac Restructuring Advisors, LLC
10191 E. Shangri La Road
Scottsdale, AZ 85260
Phone: (602) 418-2906
Email: Ted@macrestructuring.com
About Sportif Ventures
Sportif Ventures, LLC, operating as Biloxi Bicycle Works and
GovVelo, is a bicycle retailer based in Biloxi, Miss.
Sportif Ventures filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. D. Ariz. Case No. 25-03763) on April
29, 2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and between $500,000 and $1 million in
liabilities.
The Debtor is represented by Grant L. Cartwright, Esq., at May,
Potenza, Baran & Gillespie, P.C.
ST. CHARLES: S&P Raises Long-Term GO Parity Debt Rating to 'BB-'
----------------------------------------------------------------
S&P Global Ratings raised its long-term rating on St. Charles
Parish Hospital District No. 1 (St. Charles), La.'s previously
issued general obligation (GO) parity debt to 'BB-' from 'B+'.
The outlook is stable.
S&P said, "The upgrade reflects our view of St. Charles' markedly
improved unrestricted reserves and continued solid performance,
largely supported by Ochsner's management agreement, with slowly
improving debt-related ratios.
"We view St. Charles' overall physical environmental risks as
elevated given its location in markets that are historically prone
to severe weather-related events, particularly hurricanes and
flooding. St. Charles, together with Ochsner, has organization-wide
policies and procedures in place to implement in the event of a
pending hurricane, and this helps minimize disruption to overall
operations. That said, we believe these physical events create some
uncertainty as to the organization's credit profile, although to
date this has not had a material credit influence. As an example,
when Hurricane Ida came through the parish in fall 2021, management
experienced some volume fluctuations and temporary cessation of
services, but Ochsner's generators and operational strategies
provided support, so disruption was very limited. In addition, with
the support of Ochsner, St. Charles was able to collect FEMA funds
in fiscal 2023 and 2024."
St. Charles' social risks are elevated given its location in a
limited service area with a small population and a payer mix that
is reliant on governmental payers.
S&P said, "Our view of St. Charles' governance factors is neutral.
While the district's board of directors is not self-perpetuating,
which we consider best practice, we note that this structure has
not hampered St. Charles' ability to execute on strategies and is
not uncommon among district providers. We view positively the
board's decision for Ochsner to manage St. Charles, as this has
helped stabilize financial results and support the hospital's
ability to meet appropriate patient demand.
"The stable outlook reflects our view of St. Charles' healthy
reserves, positive performance and stable ad valorem tax support.
The outlook also reflects our view of the successful management
service agreement with Ochsner that we expect will be maintained to
support stability in the organization's business and financial
position over the outlook period.
"We could consider a lower rating should performance metrics
tighten or if reserves diminish materially. We could also do so if
operations, the Ochsner management agreement, or the tax base face
challenges. While we believe there is some room for additional debt
at the current rating, a significant issuance could pressure the
rating.
"Over time, we could raise the rating if St. Charles maintains its
relationship with Ochsner and continues to operate effectively,
translating to a meaningful decline in leverage, while continuing
to maintain reserve-related ratios and demonstrate that its
financial profile is less dependent on Ochsner's managerial
support. In addition, we would take a favorable view if St. Charles
reduced its debt burden and maintained its enterprise profile at
minimum."
STARR RAIL: Areya Holder Aurzada Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 6 appointed Areya Holder Aurzada, Esq.,
at Holder Law as Subchapter V trustee for Starr Rail, LLC.
Ms. Aurzada will be paid an hourly fee of $575 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Aurzada declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Areya Holder Aurzada, Esq.
Holder Law
901 Main Street, Ste. 5320
Dallas, TX 75202
Office: 972-438-8800
Mobile: 817-907-4140
About Starr Rail LLC
Starr Rail, LLC operates as a rail logistics and transloading
provider. Founded in 2018, the company focuses on first- and
last-mile rail solutions, offering services such as transloading,
storage, and bulk material packaging. Its operations accommodate a
range of freight, including lumber, steel, aluminum, aggregates,
plastic pellets, diesel, and propane.
Starr Rail filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-41307) on April 11,
2025. In its petition, the Debtor reported total assets of
$2,763,979 and total liabilities of $2,476,623.
Judge Mark X. Mullin handles the case.
The Debtor is represented by Robert T. DeMarco, Esq., at DeMarco
Mitchell, PLLC.
STO-ROX SCHOOL: Moody's Upgrades Issuer & GOULT Ratings to Ba3
--------------------------------------------------------------
Moody's Ratings has upgraded Sto-Rox School District, PA's issuer
and general obligation unlimited tax (GOULT) ratings to Ba3 from
B2. At the end of fiscal 2024, the district had approximately $7.2
million in debt outstanding.
The upgrade to Ba3 reflects the expectation that reserves will
continue to improve despite notable charter school competition due
to ongoing support from the Pennsylvania Department of Education
under its Financial Recovery program.
RATINGS RATIONALE
The Ba3 issuer rating reflects the district's substantially
improved financial position, which will continue to exhibit
strength in the near term due to the ongoing receipt of state
empowerment grants and mandatory property tax millage increases as
part of the state's Financial Recovery program. Due to ongoing
support, the district's available fund balance grew to a
historically high 31% of revenue at the end of fiscal 2024 from -6%
two years ago, and is expected to further strengthen in fiscal
2025. The district has also begun to build a capital reserve fund
to cover deferred maintenance needs. The rating also reflects the
district's highly manageable leverage - which amounted to a mere
73% of revenue at the end of fiscal 2024 - and its absence of
borrowing plans. That said, the district's economic base remains
pressured with an adjusted household income that equates to 55% of
the national median and a full value per capita of $30,000.
Additionally, enrollment will continue to decline at a relatively
rapid pace while the district continues to face staunch competition
from charter and cyber schools.
The lack of distinction between the district's issuer rating and
the Ba3 rating on the district's GOULT debt is based on the
district's general obligation full faith and credit pledge.
RATING OUTLOOK
Moody's do not assign outlooks to local government credits with
this amount of debt outstanding.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Maintenance of reserves and liquidity of greater than 20% of
revenue
-- Slowing of enrollment loss (loss of less than 5% on a compound
average annual basis)
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Return to structurally imbalanced financial operations
-- Any weakening of economic indicators
PROFILE
Sto-Rox School District is located in Allegheny County, about 6
miles northwest of Pittsburgh. The district served 998 students
through one primary center, one upper elementary school and one
junior/senior high school as of the 2023-2024 school year.
METHODOLOGY
The principal methodology used in these ratings was US K-12 Public
School Districts published in July 2024.
STONEYBROOK FAMILY: Unsecureds to Get Share of Income for 3 Years
-----------------------------------------------------------------
Stoneybrook Family Dentistry, P.A. d/b/a Wholistic Dental,
Stoneybrook Dental, filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization under
Subchapter V dated May 1, 2025.
Stoneybrook was established in 2007 by Dr. Wendi K. Wardlaw and is
a private dental practice serving patients in Winter Garden,
Florida. Stoneybrook delivers traditional dental care in addition
to holistic care that includes sleep apnea therapy.
In 2022 the Debtor began construction of a new location to further
expand its operations. The Debtor undertook significant debt for
its expansion. Despite securing the advice of consultants and
engaging seeming reputable contractors, the construction project
proceeded with much difficulty and ultimately resulted in a space
that was suboptimal for the Debtor's historical business
composition.
These issues impacted Stoneybrook's business and revenues, and the
Debtor was unable to pay all of its debts. Stoneybrook undertook
measures to adjust its business composition to enable it to derive
the revenues necessary to reorganize its existing space. However,
in order to preserve its business, reorganize its debts, and
preserve its jobs, DPW filed this Chapter 11.
Class 5 consists of General Unsecured Claims. Subject to the
requirements of the Plan, the Bankruptcy Code, or a Final Order,
Holders of General Unsecured Claims shall receive approximately a
Pro Rata Share of the net sum of the Projected Disposable Income
over a three-year plan period beginning on the Effective Date,
after making payment of Allowed Administrative Expense Claims, Fee
Claims, and Priority Tax Claims in accordance with the terms of the
Plan.
Quarterly Plan payments shall commence on the fifteenth day of the
month, on the first calendar quarter after the Effective Date, and
shall continue quarterly thereafter until the end of the three-year
plan period, in an amount equal to one-quarter of the Projected
Disposable Income for the respective plan year. Holders of Class 2
claims shall be paid directly by the Debtor. If the Debtor remains
in possession, plan payments shall include the Subchapter V
Trustee's administrative fee which will be billed hourly at the
Subchapter V Trustee 's then current allowable blended rate.
The Plan contemplates that the Reorganized Debtor will continue to
operate the business of the Debtor. The Reorganized Debtor believes
that the continued earnings through the operation of the Debtor
will be sufficient to fund the payments required to be made under
the Plan.
Prior to the Effective Date, and subject to the Bankruptcy Code,
Final Orders of the Bankruptcy Court, and other applicable law, the
Debtor shall use funds generated during the pendency of the
bankruptcy case to pay amounts due in the ordinary course and to
fund payments due under the Plan on and after the Effective Date.
Except as explicitly required by the Plan, the Reorganized Debtor
shall have the sole and absolute discretion to use funds generated
after the Effective Date without further notice or approval. The
Debtor may prepay any Plan payments.
A full-text copy of the Subchapter V Plan dated May 1, 2025 is
available at https://urlcurt.com/u?l=vw36e3 from PacerMonitor.com
at no charge.
About Stoneybrook Family Dentistry
Stoneybrook Family Dentistry, P.A., specializes in cosmetic
dentistry, Invisalign, dental implants, pediatric dentistry, root
canal therapy, and smile makeovers.
Stoneybrook filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
25-bk-00604) on Jan. 8, 2024, listing up to $500,000 in assets and
up to $10 million in liabilities. Wendi K. Wardlaw, president of
Stoneybrook, signed the petition.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by:
Paul N. Mascia, Esq.
Nardella & Nardella, PLLC
Tel: 407-966-2680
Email: pmascia@nardellalaw.com
SUNNOVA ENERGY: Extends Forbearance Deal With Noteholders to May 22
-------------------------------------------------------------------
Sunnova Energy International Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that on May
15, 2025, the Company and the other parties to the Forbearance
Agreement agreed by email correspondence to an extension of that
certain Forbearance Agreement, dated as of May 2, 2025, by and
among the Company, Sunnova Energy Corporation ("SEC"), Sunnova
Intermediate Holdings, LLC and certain beneficial holders or
investment managers or advisors for such beneficial holders of
SEC's 11.750% Senior Notes due 2028 and SEC's 5.875% Senior Notes
due 2026, relating to the Notes.
As previously announced, the Company elected to defer making an
interest payment on the 11.750% Notes of approximately $23.5
million due on April 1, 2025, and enter the 30-day grace period
under the indenture governing the 11.750% Notes, which expired on
May 1, 2025. Pursuant to the 11.750% Notes Indenture, a failure to
make the interest payment by the expiration of the grace period
constitutes an "Event of Default" under such indenture, which would
entitle the trustee under the 11.750% Notes Indenture or the
holders of at least 30% in aggregate principal amount of the
outstanding 11.750% Notes to accelerate the maturity thereof. An
Event of Default under the 11.750% Notes Indenture causes a
cross-default under the indenture governing the 5.875% Notes, which
would entitle the trustee under such indenture or the holders of at
least 30% in aggregate principal amount of the outstanding 5.875%
Notes to accelerate the maturity thereof.
As previously disclosed in the Current Report on Form 8-K filed on
May 2, 2025, the Forbearance Agreement provided that, from May 2,
2025 until May 8, 2025, or the occurrence of another Event of
Termination, the Supporting Holders would:
(i) forbear from exercising any of their rights and remedies,
including with respect to an acceleration, under 5.875% Notes
Indenture or 11.750% Notes Indenture, as applicable, or applicable
law with respect to the Specified Default and the Cross-Default
and
(ii) in the event that the applicable trustee or any holder or
group of holders declares the Notes to be due and payable
immediately during the Forbearance Period, to deliver written
notice to the applicable trustee to rescind such Acceleration and
its consequences and take all other action in their power to cause
such Acceleration to be rescinded and annulled.
In addition, during the Forbearance Period, each Supporting Holder
(severally and not jointly) agreed that it (individually or
collectively) will not deliver any notice or instruction to the
applicable trustee directing the applicable trustee to exercise
during the Forbearance Period any of the rights and remedies under
5.875% Notes Indenture or 11.750% Notes Indenture, as applicable,
or applicable law with respect to the Specified Default and the
Cross-Default.
During the Forbearance Period, each of the Supporting Holders is
prohibited from transferring the 5.875% Notes or 11.750% Notes, as
applicable, except to a party who is already a Supporting Holder or
who, prior to such transfer, agrees to be bound by all of the terms
of the Forbearance Agreement.
Further, as previously disclosed in the Current Report on Form 8-K
filed on May 8, 2025, the Company and the other parties to the
Forbearance Agreement extended the Forbearance Period until the
earlier of:
(i) May 15, 2025 and
(ii) the occurrence of another Event of Termination.
The Amendment further extends the Forbearance Period until the
earlier of:
(i) May 22, 2025 and
(ii) the occurrence of another Event of Termination.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
* * *
In May 2025, Fitch Ratings has downgraded Sunnova Energy
International Inc.'s (Sunnova) and Sunnova Energy Corporation's
(SEC) Long-Term Issuer Default Ratings (IDRs) to 'RD' from 'C'.
Fitch has affirmed SEC's senior unsecured debt rating at 'C' with a
Recovery Rating of RR4'.
The downgrade reflects the uncured missed interest payment on
Sunnova's $400 million senior notes maturing in 2028, which was due
on April 1, 2025, and the expiration of the 30-day grace period.
Sunnova has entered into a forbearance agreement that extends from
May 2, 2025, to May 8, 2025, or until any other defined termination
event occurs.
Sunnova's ratings also reflect the structural subordination of
corporate debt to nonrecourse securitization debt, a primary
funding source for the company.
SYNAPTICS INC: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
--------------------------------------------------------------
Fitch Ratings has affirmed Synaptics Incorporated's Long-Term
Issuer Default Rating (IDR) at 'BB', as well as its senior
unsecured notes at 'BB' with a Recovery Rating of 'RR4'. The Rating
Outlook is Stable.
Synaptics' ratings and Stable Outlook reflect its estimated FCF
profile, expected EBITDA leverage improvement to below 3x during
the forecast period, and end-market growth opportunities in its
core Internet of Things (IoT) segment. It also considers Synaptics'
revenue volatility, decreased cash position, and potential
macroeconomic and tariff-related impacts on end-market demand.
Key Rating Drivers
Progressing Through a Deleveraging Period: Fitch forecasts
Synaptics' EBITDA leverage will decrease to 4.3x by the end of its
fiscal year in June 2025, down from 6.4x in 2024. By fiscal 2027,
it is expected to trend below the 3.0x downgrade sensitivity
threshold. Synaptics' improved leverage results from the effective
replacement of its term loan with a smaller convertible note in
November 2024, completion of the January 2025 Broadcom agreement
with cash, and an increase in year-over-year EBITDA. Fitch
forecasts EBITDA growth will primarily drive deleveraging during
the forecast period.
Demand Volatility Offsets Profitability: Synaptics is exposed to
the cyclical nature of consumer electronics markets, where
component suppliers often face volatility due to changing consumer
spending patterns, short product lead times, and annual product
updates. The company also contends with intermittent supply and
demand imbalances and changing enterprise spending timing. This
volatility within Synaptics' credit profile dampens the benefits of
its strong profitability. Even with a historically
lower-than-normal EBITDA margin of 19% forecast for fiscal 2025,
this level of margin remains beneficial for the 'BB' rating
category.
Low Direct Tariff Exposure: Synaptics doesn't have direct U.S.
tariff exposure as its products are a part of systems or subsystems
that are ultimately shipped into the U.S. The geographical
distribution of its sales mirrors the location of its customers'
facilities. Synaptics' tariff exposure primarily arises from
potential impacts on end-market demand if higher costs reduce
volumes in affected regions, as well as the risk of margin
compression pressures if tariff-related costs cannot be passed on
to consumers. To date, tariff policies have had no clear impact on
Synaptics' financials.
Conservative Leverage Target: Synaptics targets gross leverage of
1.5x, which is considered strong for the 'BB' rating category
regardless of business profile factors. In 2024, Synaptics did not
repurchase any shares, opting to prioritize financial flexibility.
YTD through 3Q25, Synaptics repurchased approximately $113 million
in shares, indicating a more balanced prioritization of FCF uses as
leverage decreases. At its current leverage level, there is limited
capacity for a leveraging M&A transaction while maintaining a 'BB'
rating.
Structural Market Growth Opportunities: Synaptics is well
positioned to capitalize on growth in end markets and product
applications within its core IoT segment, which accounted for 23.8%
of 2024 YE sales. A significant increase in the core IoT segment's
sales mix could reduce operating volatility, diversify the customer
base and contribute meaningfully to free cash flow (FCF).
Through the Cycle FCF Generation: Fitch forecasts positive annual
FCF generation between fiscal 2025 and 2028, cumulatively exceeding
$0.7 billion. FCF generation benefits from a low capital
expenditure business model that outsources manufacturing and
generally ships directly from manufacturers, along with flexible
shareholder distributions via buybacks. Synaptics' consistent FCF
strengthens its balance sheet and, at more typical leverage levels,
enhances its capacity for opportunistic M&A to supplement organic
growth. In addition, it provides improved visibility on the
company's ability to reduce leverage through discretionary debt
repayments.
Product Leadership: Synaptics boasts a broad product portfolio with
a history of leadership in multiple markets, holding leading
positions in areas such as PC fingerprint sensors and touchpads,
video interfaces in laptop docking stations, and video adaptors.
However, opportunities for product leadership through significant
pricing power are limited by the sector's competitive nature.
Long-term competitive advantages are constrained by low switching
costs, the risk of OEM customers pursuing in-house designs,
technology risks from evolving device interfaces and intense
competition for design slots.
Customer Concentration: Growth in less concentrated end markets and
emerging product areas enhances customer diversification. In fiscal
2024, 12% of its revenue came from one customer. While customer
concentration is likely to persist due to the scale of its OEM
customers in PC, mobile and automotive markets, this effect is
expected to decrease as the core IoT segment grows as a percentage
of sales mix and as go-to-market initiatives gain traction.
Convertible Notes Treatment: Fitch assigns no equity credit to
Synaptics' $450 million in convertible senior unsecured notes.
According to Fitch's "Corporate Hybrid Treatment and Notching
Criteria," these convertibles are characterized this way because
they are optionally convertible rather than mandatorily convertible
and are not subordinated to senior debt.
Peer Analysis
Synaptics' profitability, as measured by its EBITDA margin, remains
a strength of its credit profile. Fitch forecasts that the EBITDA
margin will be 18.5% at the end of fiscal 2025, which is lower than
the pre-2024 levels that exceeded 30%. Synaptics' margins are below
those of Entegris, Inc. (BB/Stable; 29%) and MKS Instruments, Inc.
(BB/Stable; 26%), but above TTM Technologies, Inc. (BB/Positive;
15%) for the same period.
Each of these 'BB' rated peers has some level of cyclicality, with
Synaptics having the most pronounced. Except for 2024 and fiscal
2025, historically, Synaptics has led these peer companies in FCF
generation. Synaptics' FCF margins are forecast to increase to the
high-mid teens by fiscal YE2027, approaching its historic levels.
This is in contrast to the peer group, which is expected to have
FCF margins ranging between 5% and 12%.
Higher-rated semiconductor market-related peers Microchip
Technology Inc. (Microchip, BBB/Stable) and NXP Semiconductors N.V.
(BBB+/Stable) are significantly larger than Synaptics. They
generated FCF of $1.7 billion and $0.9 billion, respectively, in
their most recent fiscal years.
Microchip and NXP also have higher profitability, with EBITDA
margins of 47.4% and 39.1%, respectively, for their most recent
year ends. Like Synaptics, Microchip has historically shown a
willingness to exceed leverage targets for acquisitions,
maintaining a net leverage target of 1.5x, which is above
Synaptics' 1.5x gross leverage target, but is supported by
Microchip's stronger market position and larger scale.
Key Assumptions
- Enterprise and consumer spending improves from 2024 lows, growing
organically in the high single digits through the forecast with
accelerating sales in the core IoT segment, resulting in segment
contributions near 30% of sales mix by fiscal 2028. Higher revenue
growth is tempered by macroeconomic and tariff risks affecting
end-market demand;
- EBITDA margins in 2025 informed by YTD performance of
approximately 19%. Margins improve toward mid-20% though the
forecast period as operating leverage improves and sales mix
contributions from the lower gross margin mobile segment decrease.
Macro-driven margin pressures temper recovery to EBITDA margins in
excess of 30% experienced prior to fiscal 2024;
- Capex normalized between 2.5% and 3.0% of revenue, in line with
historic performance and the practice of outsourcing manufacturing
during the remainder of forecast period;
- Share repurchases of $150 million-$200 million annually during
forecast period with the existing share repurchase program extended
past 2025. No common or special dividends paid;
- Partially debt-funded acquisitions within the core IoT segment
closing in fiscal 2028 with total consideration of $500 million,
completed at 3.5x enterprise value/revenue;
- Base rates above SOFR applicable to the revolving credit facility
reflects the forward curve declining from 4.3% to 3.1% in fiscal
2027, before increasing to 3.4% in 2028. The revolving facility is
not expected to be drawn during the forecast period.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 3.0x;
- Consistent flat or declining revenue yoy;
- FCF margins sustained below 10%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 2.5x;
- Core IoT sales mix trending to over 30%, leading to greater
customer diversity and consistent top-line growth;
- FCF margins sustained above 20%.
Liquidity and Debt Structure
Historically, Synaptics has held a large cash balance compared to
its operational needs. This balance, inclusive of certificates of
deposit, declined over fiscal 2025 from $877 million to $421
million ($360 million cash, $61 million certificates of deposit) at
fiscal 3Q25 (March 29, 2025). The YTD decline comes after funding
the Broadcom agreement, as well as repaying its term loan with the
convertible issue proceeds including capped call costs, which
reduced its overall debt during the period. Liquidity is further
supported by Synaptics' $350 million revolving credit facility,
which was undrawn at fiscal 3Q25.
Forecast FCF, benefiting from a low capital intensity business
structure, reduces medium-term refinancing risk for Synaptics'
undrawn credit facility maturing in 2029. Synaptics' next
outstanding debt maturity is its $400 million senior unsecured
notes in 2029, followed by its convertible notes maturing in 2031.
Issuer Profile
Synaptics develops semiconductor solutions that enable people to
interact with electronic devices. Its product offerings include
connectivity, audio, high-definition video, touch controllers,
display drivers, fingerprint sensors and touchpad solutions.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Synaptics Incorporated LT IDR BB Affirmed BB
senior unsecured LT BB Affirmed RR4 BB
SYRACUSE INDUSTRIAL: Fitch Affirms CC Rating on Carousel Ctr. Bonds
-------------------------------------------------------------------
Fitch Ratings has affirmed the following Syracuse Industrial
Development Agency, New York (SIDA) bonds at 'CC':
- $198.7 million payments in lieu of taxes (PILOT) revenue
refunding bonds, series 2016A (Carousel Center Project);
- $10.6 million PILOT revenue refunding bonds, taxable series 2016B
(Carousel Center Project);
- $38.8 million PILOT revenue bonds, taxable series 2007B (Carousel
Center Project).
Entity/Debt Rating Prior
----------- ------ -----
Syracuse Industrial
Development Agency (NY)
[Carousel Center PILOT]
Syracuse Industrial
Development Agency (NY)
/Property Assessment –
PILOT/1 LT LT CC Affirmed CC
The 'CC' rating reflects Fitch's assessment that an eventual
default is probable, although not imminent. While PILOT payments
have been timely so far, the payor of the PILOTs, Carousel Center
Company L.P., owner of the Carousel Center mall owner, has
subordinate mortgage loan obligations that are not being fully met.
This situation could potentially interrupt future PILOT payments if
Carousel faces receivership or bankruptcy.
The subordinate commercial mortgage pass-through certificates
(CMBS) associated with the mall were subject to a forbearance and
modification agreement with Wells Fargo, the p previous loan
special servicer. This agreement required Carousel to meet annual
net operating income (NOI) thresholds to extend the forbearance
period. Carousel failed to meet the June 6, 2024 NOI threshold and
is currently in negotiations with the lender, Wilmington Trust,
N.A., to determine future requirements for reinstating the
forbearance period.
Fitch believes that the servicer will continue to pay the PILOT
bond debt service from property taxes in the near term, even if the
forbearance period is not extended to preserve its property rights.
The mall's NOI has been sufficient to cover current PILOT payments.
Fitch estimates that the NOI from the Carousel and Destiny
expansion portion of the mall at the end of 2024 provided 1.06x
coverage of maximum annual debt service occurring in 2035 on the
PILOT revenue bonds.
Fitch anticipates ongoing pressure on NOI due to the ascending
schedule of annual PILOT payments and the potential decline in the
mall's performance, attributed to slower revenue growth from a loss
of retail tenants and rising operating expenses. This situation is
exacerbated by declining consumer demand in the retail sector,
inflationary costs, and a slowdown in consumer spending, which is
anticipated to further impact weaker malls.
Retailers are expected to adjust their space requirements, with
some closing stores and others expanding, resulting in minimal net
change in total occupancy. The mall total occupancy was reported at
72%, including specialty stores, as of Dec. 31, 2024, down from 80%
as of the prior year end.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A decline in the mall operator's NOI and inability to cover debt
service on the PILOT revenue bonds;
- Loss of the loan servicer impacting the advancement of PILOT
payments in the event of a NOI deficiency;
- Receivership of the property or bankruptcy filing by the mall
operator.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- The ongoing recovery of the mall, which may be reflected in an
improving NOI and increased MADS coverage on the bonds.
Dedicated Tax Security
The bonds are secured by PILOTs on the original or 'legacy'
Carousel Center mall payable to SIDA by the Carousel Center Company
LP (the Carousel Owner) pursuant to a PILOT agreement as well as by
interest earnings on debt service reserves. The debt service
reserve funds total 125% of average annual debt service.
Dedicated Tax Key Rating Drivers
Mall operations have weakened over the last ten years, which is
evidenced by a reduction in annual net operating income compared to
2014 levels.
Combined NOI in 2024 from Carousel and Destiny, based on issuer
provided cash flow statements, covers the maximum annual PILOT debt
service by around 1.06x and covers annual debt service by around
1.57x. The NOI of Carousel alone covers annual debt service 1.24x
and MADS by 0.8x. Fitch believes that MADs coverage from combined
properties could fall below 1.0 coverage in the near term given the
flat to declining NOI trend and ascending annual PILOT schedule.
SIDA has no material exposure to mall's operating risks. As such,
Fitch has not assigned an Issuer Default Rating (IDR), and there is
no related cap on the PILOT bond rating.
PROFILE
Destiny USA is a roughly two million square foot regional shopping
center in Syracuse, NY. The mall opened in 1990 as the Carousel
Center. It is owned by the Carousel Center Company L.P., a
subsidiary of Pyramid Company of Onondaga, which is part of the
Pyramid Companies established in 1969.
Pyramid, the mall operator, has a senior obligation to pay PILOTs
equal to debt service on the PILOT revenue bonds. Mall tenants are
obligated to pay their share of PILOTs to Pyramid, an obligation
that is absolute and unconditional. Pyramid's PILOT payment is
secured by PILOT mortgages granted by both Pyramid and the SIDA on
the original mall (the PILOT mortgages do not extend to the mall
expansion project completed in 2012).
The lien provided by the PILOT mortgages is similar to those by
taxing authorities, offering foreclosure as a remedy. The senior
obligation of the PILOTs is on par with property taxes and ensures
that proceeds from foreclosure will be allocated first to the
PILOTs before the excess is utilized for underlying mortgage
claims.
The Carousel Center carries a $328 million mortgage loan and a $142
million mortgage on the Destiny expansion project, inclusive of
deferred interest, securitized as CMBS. The special servicer of the
CMBS is CWCapital. The presence of a CMBS servicer remains an
important rating consideration, given its role in advancing the
PILOT payments in the event of a NOI deficiency, and the PILOT's
strong lien position in the mall's debt structure.
Pyramid entered into a standstill agreement that included a
moratorium on monthly debt service payments and an extension of the
loan until June 6, 2022. Before the expiry, the borrower secured
two one-year loan extensions and the lender agreed to forbear from
exercising certain rights and remedies arising from defaults
through June 6, 2024, with options for further forbearance
extensions through June 6, 2027. Each loan extension and
continuation of forbearance is subject to achieving certain
financial hurdles, including required NOI thresholds, which,
pursuant to the agreement, were scheduled to increase each year
through 2027. As indicated above, the June 6, 2024 NOI threshold
was not met.
Sources of Information
In addition to sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from DIVER by Solve.
ESG Considerations
Fitch does not provide ESG relevance scores for Syracuse Industrial
Development Agency (NY) Carousel Center PILOT.
In cases where Fitch does not provide ESG relevance scores in
connection with the credit rating of a transaction, program,
instrument or issuer, Fitch will disclose any ESG factor that is a
key rating driver in the key rating drivers section of the relevant
rating action commentary.
TELUS CORP: DBRS Finalizes BB(high) Rating on Subordinated Notes
----------------------------------------------------------------
DBRS Limited finalized its provisional credit rating BB (high),
with a Stable trend, on TELUS Corporation's (TELUS or the Company)
$1,100 million 6.250% Fixed-to-Fixed Rate Junior Subordinated
Notes, Series CAR due July 21, 2055 and $500 million 6.750%
Fixed-to-Fixed Rate Junior Subordinated Notes, Series CAS due July
21, 2055 (collectively the Notes). There is no change to either the
Company's Issuer Rating or senior unsecured debt rating, which are
rated BBB with Stable trends.
The Notes are unsecured subordinated obligations of the Company,
are subordinated in right of payment to all existing and future
senior indebtedness and are effectively subordinated to all
indebtedness and obligations of, or guaranteed by, the Company's
subsidiaries.
Morningstar DBRS expects the net proceeds of the Notes issuance
will be used for the repayment of outstanding indebtedness,
including the repayment of commercial paper (incurred for general
working capital purposes), the reduction of cash amounts
outstanding under the Receivables Trust (incurred for general
working capital purposes), the repayment of TELUS Corporation
credit facility amounts outstanding, and for other general
corporate purposes.
TELUS' credit ratings reflect its position as a national wireline
and wireless network provider, its diverse and national customer
base, high quality network and diverse operating platform that
includes TELUS Digital, TELUS Health, and TELUS Agriculture and
Consumer Goods. The credit ratings also acknowledge the intensely
competitive Canadian telecommunications landscape, the secular
decline in legacy services, the high capital intensity of the
industry and the risks associated with regulatory changes.
Notes: All figures are in Canadian dollars unless otherwise noted.
TEXAS OILWELL: Unsecureds to Get Share of Income for 60 Months
--------------------------------------------------------------
Texas Oilwell Partners, LLC, filed with the U.S. Bankruptcy Court
for the Southern District of Texas a Chapter 11 Plan of
Reorganization dated May 2, 2025.
Founded in 2017, the Debtor is a proprietary tool company
specializing in new advanced technology in the extended reach,
fishing and gas separation in the coiled tubing / workover rig
applications.
The Debtor operates its business from its office location located
at 21621 Rhodes Rd., Spring, TX 77388. The Debtor employs four
individuals, including the Debtor's owner, Jason Swinford.
In summary, the Plan provides for the Debtor to restructure its
debts by reducing its monthly payments to the amount of the
Debtor's Disposable Income. The Debtor believes that the Plan will
ensure Holders of Allowed Claims will receive greater distributions
under the Plan than they would if the Debtor's Chapter 11 Case was
converted to Chapter 7 and the Debtor's Assets liquidated by a
Chapter 7 Trustee.
Class 6 consists of Allowed Unsecured Claims. In the event the Plan
is a consensual plan pursuant to Sections 1191(a) and 1129(a), the
Debtor shall make sixty (consecutive monthly payments commencing
thirty days after the Effective Date in the amount of $1,447.00
(the "Monthly Payment"), which amount equals the Debtor's
Disposable Income identified on the Debtor's Projections. The
Holders of Allowed Unsecured Claims shall receive their pro rata
share of the Monthly Payment. This Class is impaired.
In the event the Plan is a nonconsensual plan under Section
1191(b), the Debtor shall make sixty consecutive monthly payments
commencing thirty days after the Effective Date in the amount of
the Monthly Payment, which amount equals the Debtor's Disposable
Income identified on the Debtor's Projections. The Holders of
Allowed Unsecured Claims shall receive their pro rata share of the
Monthly Payment.
Class 7 consists of Current Owner. The Equity Interest of the
Debtor shall remain vested with Jason Swinford. The Class 7
Claimant is deemed to have accepted the Plan and is not entitled to
vote.
From and after the Effective Date, the Debtor will continue to
exist as a Reorganized Debtor. By reducing the Debtor's monthly
obligations to creditors to the Reorganized Debtor's Disposable
Income, the Reorganized Debtor will have sufficient cash to
maintain operations and will allow the Reorganized Debtor to
successfully operate following the Effective Date of the Plan.
During the period from the Confirmation Date through and until the
Effective Date, the Debtor shall continue to operate its business
as a debtor-in-possession, subject to the oversight of the
Bankruptcy Court as provided in the Bankruptcy Code, the Bankruptcy
Rules, and all orders of the Bankruptcy Court that are then in full
force and effect. In addition, the Debtor may take all actions as
may be necessary or appropriate to implement the terms and
conditions of the Plan. Upon Confirmation of the Plan, all actions
required of the Debtor to effectuate the Plan shall be deemed
authorized and approved in all respects.
A full-text copy of the Plan of Reorganization dated May 2, 2025 is
available at https://urlcurt.com/u?l=r9TJJ4 from PacerMonitor.com
at no charge.
About Texas Oilwell Partners
Established in 2017, Texas Oilwell Partners, LLC is a
privately-held company that specializes in cutting-edge technology
for extended reach, fishing, and gas separation within coiled
tubing and workover rig applications.
Texas Oilwell Partners filed Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-30750) on February 7, 2025, listing up to $50,000 in
assets and between $1 million and $10 million in liabilities. The
petition was signed by Jason Swinford as member.
Judge Eduardo V. Rodriguez oversees the case.
The Debtor is represented by:
Brandon John Tittle, Esq.
Tittle Law Group, PLLC
1125 Legacy Dr., Ste. 230
Frisco, TX 75034
Tel: 972-213-2316
Email: btittle@tittlelawgroup.com
THUNDER INTERNATIONAL: Case Summary & 20 Top Unsecured Creditors
----------------------------------------------------------------
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Thunder International Group Inc. (Lead Case) 25-15229
a/k/a Thunder Express
19485 E Walnut Dr N
City of Industry, CA 91789
Thunder International Group, Inc. 25-15228
a/k/a Thunder Express
99 Caven Point Road
Jersey City, NJ 07305
Thunder International Group Inc. 25-15236
a/k/a Thunder Express
14125 NE Airport Way
Portland, OR 97230
Business Description: Thunder International Group is a fifth-party
logistics (5PL) provider specializing in
omni-channel logistics solutions for
commerce and e-commerce sellers. The
Company operates nine warehouses across six
U.S. states, offering services including
nationwide fulfillment, drop shipping, air
and ocean freight, global shipping,
industrial inspection and maintenance,
bonded zones, reverse logistics, and cross-
border e-commerce branding.
Chapter 11 Petition Date: May 15, 2025
Court: United States Bankruptcy Court
District of New Jersey
Judge: Hon. John K Sherwood
Debtors'
Bankruptcy
Counsel: James C. Vandermark, Esq.
Jeremiah J. Vandermark, Esq.
WHITE AND WILLIAMS LLP
810 Seventh Ave, Suite 500
New York, NY 10019
Tel: (212) 244-9500
E-mail: vandermarkj@whiteandwilliams.com
vandermarkjj@whiteandwilliams.com
Lead Debtor's
Estimated Assets: $1 million to $10 million
Lead Debtor's
Estimated Liabilities: $1 million to $10 million
Mingming Wang, serving as secretary, signed the petitions.
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/WBFN5PQ/Thunder_International_Group_Inc__njbke-25-15229__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/M3C2RSI/Thunder_International_Group_Inc__njbke-25-15228__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/VOZHCZI/Thunder_International_Group_Inc__njbke-25-15236__0001.0.pdf?mcid=tGE4TAMA
A copy of the Lead Debtor's 20 Largest Unsecured Creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/WPZJGXI/Thunder_International_Group_Inc__njbke-25-15229__0001.1.pdf?mcid=tGE4TAMA
TOWN LOUNGE: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Town Lounge Centennial LLC
Born and Raised Centennial (fictitious firm name)
6470 Kevin Way
Suite 100
Las Vegas, Nevada 89149
Business Description: Town Lounge Centennial LLC operates the Born
and Raised Centennial bar and grill located
in Las Vegas, Nevada. The establishment
offers American cuisine and a full-service
bar, featuring dishes like sliders, burgers,
and Tex-Mex specialties.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
District of Nevada
Case No.: 25-12758
Debtor's Counsel: Mitchell Stipp, Esq.
LAW OFFICE OF MITCHELL STIPP, P.C.
1180 N. Town Center Drive, Suite 100
Las Vegas, NV 89144
Tel: 702-602-1242
E-mail: mstipp@stipplaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
Scottie Godino, Jr. signed the petition as managing member.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KALWPZI/Town_Lounge_Centennial_LLC__nvbke-25-12758__0001.0.pdf?mcid=tGE4TAMA
TR WELDING: Gets Final OK to Use Cash Collateral
------------------------------------------------
TR Welding, Inc. received final approval from the U.S. Bankruptcy
Court for the District of Idaho to use cash collateral.
The final order authorized the company to use cash collateral to
pay the expenses set forth in its budget until Dec. 31, 2026, the
confirmation of its Chapter 11 plan, or the dismissal or conversion
of its bankruptcy case, whichever comes first.
Using funds on charitable donations is not allowed.
As protection, D.L. Evans Bank was granted a replacement lien on
cash collateral generated after the petition date to the same
extent, validity and priority as its pre-bankruptcy lien.
D.L. Evans Bank, a secured creditor, holds multiple loans with a
total debt of approximately $359,000 and claims a blanket lien on
the company's assets. The bank's collateral includes $10,000 in
cash, $243,215 in receivables, $135,146 in inventory, and $235,230
in equipment, totaling over $488,000.
About TR Welding Inc.
TR Welding, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Idaho Case No. 25-40224-NGH) on April
11, 2025. In the petition signed by Todd Robinson, owner, the
Debtor disclosed up to $1 million in both assets and liabilities.
Judge Noah G. Hillen oversees the case.
Patrick J. Geile, Esq., at Foley Freeman, PLLC, represents the
Debtor as legal counsel.
D.L. Evans Bank, as secured creditor, is represented by:
Holly Roark, Esq.
Roark Law Offices
950 W. Bannock St. Ste. 1100
Boise, ID 83702
Phone: (208) 536-3638
Fax: (310) 553-2601
holly@roarklawboise.com
TZADIK SIOUX FALLS III: Case Summary & 19 Unsecured Creditors
-------------------------------------------------------------
Debtor: Tzadik Sioux Falls Portfolio III, LLC
2450 Hollywood Blvd Ste 503
Hollywood, FL 33020
Business Description: Tzadik Sioux Falls Portfolio III, LLC owns
and manages multifamily residential
properties. The Company operates under
Tzadik Management, which focuses on
apartment buildings, primarily in
Sioux Falls and Rapid City, South Dakota.
Chapter 11 Petition Date: May 14, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-15387
Judge: Hon. Scott M. Grossman
Debtor's Counsel: Brett Liberman, Esq.
EDELBOIM LIEBERMAN PLLC
2875 NE 191st Street, Penthouse One
Suite 905
Miami, FL 33180
Tel: 309-768-9909
Email: brett@elrolaw.com
Total Assets: $28,200,000
Total Liabilities: $13,794,805
The petition was signed by Adam Hendry as authorized representative
of the Debtor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/BDWULAQ/Tzadik_Sioux_Falls_Portfolio_III__flsbke-25-15387__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 19 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Aire Master of the Plains Trade Debt $7,017
615 S. Lyons
Sioux Falls, SD 57106
2. Breit & Boomsma, P.C. Trade Debt $44,158
606 E. Tan Tara Circle
Sioux Falls, SD 57108
3. Brooks Construction Trade Debt $5,810
Services, Inc
27081 Sundowner Ave
Sioux Falls, SD 57106
4. City Glass & Glazing, Inc. Trade Debt $3,920
5003 W. 12th Street
Sioux Falls, SD 57106
5. Conservice LLC Trade Debt $17,491
P.O. Box 1500
Hemet, CA 92546
6. Cressman Sanitation - UM Trade Debt $2,966
101 W Mickleson Rd
Hartford, SD 57033
7. Elmers Auto Glass, Inc Trade Debt $4,092
dba Glass Doctor of Sioux Falls
2420 N. Bakker Lndg
Tea, SD 57064
8. Express Services, Inc. Trade Debt $3,585
434 S. Kiwanis Ave. |
Suite 2 | 57104
9. Home Depot U.S.A., Trade Debt $5,697
Inc d/b/a The Home De
2455 Paces Ferry Road
Atlanta, GA 30339
10. Johnstone Supply Trade Debt $2,139
335 N Weber Ave
Sioux Falls, SD 57103
11. Merchants Bank $13,650,000
12. MidAmerican Energy Trade Debt $13,593
Company - UM
PO Box 8020
Davenport, IA 52808
13. Nybergs Ace Hardware, Inc. Trade Debt $1,557
330 W. 41st Street
Sioux Falls, SD 57105
14. Plunkett's Pest Trade Debt $3,994
Control, Inc.
40 52nd Way Northeast
Minneapolis, MN 55421
15. Pro Tree Service, Inc. Trade Debt $4,579
PO Box 90346
Sioux Falls, SD 57109
16. Sioux Falls Utilities - UM Business $14,705
224 West 9th Street Operations
Sioux Falls, SD 57117
17. Snow Pro Trade Debt $1,763
2716 S Lincoln Ave
Sioux Falls, SD 57105
18. Xcel Energy - UM $3,878
PO Box 9477
Minneapolis, MN 55484
19. Xtreme Cleaning Services Trade Debt $3,851
311 E Norton Ave
Salem, SD 57058
URBAN ONE: S&P Downgrades ICR to 'SD' on Subpar Debt Repurchase
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Urban One
Inc. to 'SD' (selective default) from 'CCC+'. S&P also lowered the
issue-level rating on the company's senior secured notes to 'D'.
S&P said, "We view the note repurchases as distressed and
tantamount to a default. Urban One recently announced that, year to
date, it has repurchased $88.6 million of its 7.375% senior secured
notes due in 2028 (more than 10% of the original note issuance
amount of $825 million). While the notes were repurchased in the
open market, we still view the buyback as a restructuring because a
significant portion of the debt issue was repurchased. We view the
note repurchases as distressed and tantamount to a default given
lenders received less than originally promised at an average price
of 53.9%, a steep discount to par.
"Absent a transaction, we believe there was a realistic possibility
of a conventional default over the next couple of years. Urban One
ended 2024 with S&P Global Ratings-adjusted gross leverage of about
6x, and we expect EBITDA will erode over the next few years given
both cyclical and secular challenges facing broadcast radio and
cable television, which we believe will make it difficult to
materially improve credit metrics ahead of the company's note
maturity in February 2028.
"We plan to raise our ratings back to 'CCC+' in the coming days. We
believe Urban One remains dependent on favorable business,
financial, and economic conditions to meet its financial
obligations, despite the recent reduction in debt. We expect
broadcast radio revenue and cable TV revenue will continue to
decline given secular challenges that will be exacerbated by
weakening economic conditions. The majority of the company's
business comes from national advertising, which we expect will
continue to underperform local advertising because brand
advertising is more expendable than direct response advertising.
The company's digital businesses have also been facing headwinds
given client attrition, the renegotiation of certain contracts, and
higher traffic acquisition costs. We believe it will become
increasingly difficult for debt repayment to fully offset EBITDA
declines.
"In addition, we believe the company will likely seek additional
opportunities to buy back debt at a discount, which we would likely
view as distressed and tantamount to a default (depending on the
buyback amount and discount to par) given its challenged operating
and financial performance and uncertainty around future cash
flows."
VALPARAISO UNIVERSITY: S&P Rates 2025A-B Revenue Bonds 'BB+'
------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' long-term rating to the City
of Valparaiso, Ind.'s series 2025A and 2025B revenue bonds, issued
for Valparaiso University (Valpo, or the university).
The outlook is stable.
S&P said, "We analyzed the university's environmental, social, and
governance factors related to its market position and financial
performance. We believe that Valpo is subject to demographic
pressure, which we view as a social capital risk. We view
environmental and governance risks as neutral in our credit rating
analysis.
"The stable outlook reflects our view that the university's
enrollment and demand profile will remain pressured within the
one-year outlook period as management implements new enrollment
strategies. While significant operational deficits are expected in
the near term, the university has implemented a plan to improve
operations in the medium term. We expect that balance sheet
resources will be maintained at or near current levels.
"We could consider a negative rating action if enrollment or net
tuition revenue continues to decrease materially, leading to
further operational deficits beyond management's forecast. We would
also view a sustained weakening in the demand profile, deteriorated
financial resources metrics or liquidity, or continued elevated
endowment draws negatively.
"We could consider a positive rating action if enrollment
increases, demand metrics improve, operations improve on a
sustained basis without significant supplementary endowment draws,
and balance-sheet metrics are maintained."
VAN DYKE PUBLIC SCHOOLS, MI: S&P Lowers GO Debt Rating to 'BB+'
---------------------------------------------------------------
S&P Global Ratings lowered its underlying rating to 'BB+' from
'BBB+' on Van Dyke Public Schools, Mich.'s existing general
obligation (GO) bonds.
At the same time, S&P removed the rating from CreditWatch, where it
had been placed with negative implications on March 6, 2025.
The outlook is stable.
At the same time, S&P Global Ratings assigned its 'AA' long-term
rating (based on credit enhancement) and 'BB+' underlying rating to
the district's $26.025 million unlimited-tax GO school building and
site bonds, series I.
The downgrade reflects the district's significant structural
imbalance, reliance on short-term deficit borrowing to finance
operations, negative reserve position that is expected to weaken
through at least fiscal 2026, and S&P's view of poor management
practices. It additionally reflects the uncertainty as to both the
size and timing of management's proposed budget cuts and the risks
regarding the district's ability to continue to address its
structural imbalance and access necessary short-term liquidity.
S&P said, "We view Van Dyke Public Schools' social risks as
elevated given the demographic challenges and longer-term trend of
negative enrollment trends, despite a recent uptick, which
exacerbate risks of structural imbalance from declining state aid.
We view the district's governance risks as elevated considering the
lack of budgetary oversight and proactive measures to prevent the
emerged imbalance. We view environmental risk factors as neutral
within our analysis.
"The stable outlook reflects our understanding that the district is
taking necessary steps, including significant expenditure
reductions, to return operations to balance. Despite the pressured
financial position, we believe it will retain sufficient access to
external liquidity. Finally, the state's current involvement with
the district provides additional financial monitoring and
stability.
"We could lower the rating should the district face difficulty
accessing short-term liquidity to meet operating needs or the
district fail to meet the targets outlined in the DEP, extending
its path toward curing the imbalance. Finally, we could lower the
rating should the expenditure reductions--considering its
size--impair school operations, leading to further budgetary
stress.
"We could raise the rating should the district demonstrate a track
record of meeting the DEP targets and reduce its reliance on
short-term deficit borrowing without additional state
intervention."
VEREGY INTERMEDIATE: S&P Withdraws 'B-' Issuer Credit Rating
------------------------------------------------------------
S&P Global Ratings withdrew its 'B-' issuer credit rating on Veregy
Intermediate Inc., following the company's private refinancing,
which repaid its outstanding debt facilities.
S&P said, "At the same time, we discontinued our 'B-' issue-level
rating and '3' recovery rating on Veregy's first-lien debt because
it repaid all of its rated debt facilities.
"At the time of withdrawal, our rating on Veregy had a positive
outlook due to consistent EBITDA growth and deleveraging. The
company's performance was trending toward our ratings upgrade
thresholds of leverage sustained under 5x and FOCF to debt above
5%."
VESTIS CORP: Moody's Lowers CFR to B2 & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings downgraded Vestis Corporation's ("Vestis")
corporate family rating to B2 from Ba3, and its probability of
default rating to B2-PD from Ba3-PD. At the same time, Moody's
downgraded the company's senior secured bank credit facilities to
B2 from Ba3. The outlook was changed to stable from negative.
Vestis is a provider of uniform rental and workplace supplies in
the US and Canada.
The ratings downgrades are attributed to Moody's materially lower
revenue and earnings expectations for Vestis in 2025 and 2026. The
company is facing net customer losses and pricing pressure largely
from service quality issues and competitive pressure since its
spin-off in 2023. There is increasing uncertainty in Vestis'
long-term revenue growth and profitability until the company
remediates the competitive issues. Vestis' current financial net
leverage target of under 3x is higher than the 1.5x – 2.5x range
and the company has shifted to providing quarterly earnings
guidance rather than annual guidance. Moody's expects that revenue
will decline by around 2% during the next 12 months and debt/EBITDA
will remain elevated at around 6x through the fiscal year ended
September 2026. Moody's expects profitability to deteriorate in
fiscal 2025 due to negative operating leverage, as declining
revenues are likely to compress the EBITA margin to around 5%
versus Moody's prior expectations of 8%. The stable outlook
indicates Moody's views that revenue declines should ease over the
next 12 months from new accounts and that the company's good
liquidity provides some flexibility to execute its strategies to
improve earnings.
ESG considerations, specifically governance associated with
management credibility and track record and financial strategy and
risk management, were key drivers in the rating actions given the
company's inconsistency with meeting financial guidance targets,
recent high rate of turnover in senior management, including the
CEO and CFO, and the change in its net financial leverage target
and earnings guidance.
RATINGS RATIONALE
Vestis' B2 CFR reflects the company's high financial leverage with
debt/EBITDA of 6x for the 12 months ended March 28, 2025 that
Moody's expects will remain around 6x during the next 12 months.
The company is facing significant EBITDA declines due to service
quality issues and net customer losses, which have led to a loss of
sales leverage, a decrease in net volumes, and moderated pricing
strategies that include customer credits. Moody's believes that the
off-cycle pricing increases initiated in 2023 and 2024, coupled
with high employee turnover during the spin-off, contributed to
higher attrition rates by creating gaps in service quality. The
company is working to mitigate net volume losses with service
quality improvements to mitigate customer attrition, but it is
uncertain how long it could take to return to sustained revenue and
earnings growth. Moody's uncertainty in the company's ability to
balance pricing increases without increasing attrition is a product
of its short operating history as a stand-alone company and the
highly competitive nature of the uniform and workplace supply
industry in North America.
All financial metrics cited reflect Moody's standard adjustments.
While Moody's anticipates that Vestis will uphold balanced
financial policies regarding financial leverage, the company has a
public leverage target of under 3x. The company has indicated that
it will restrict its quarterly cash dividend and share purchases
through at least October 2026. Moody's expects that the company
will similarly limit acquisitions over this period.
Vestis' liquidity is good as reflected in the SGL-2 Speculative
Grade Liquidity (SGL) rating. Cash was $28.8 million as of March
28, 2025. Moody's expects annual free cash flow of around $65
million over the next 12 months including the suspension of the $18
million annual cash dividend. The company has $264.3 million of
availability on a $300 million revolving credit facility expiring
in 2028. Moody's do not anticipate the revolver will be needed over
the next 12 to 18 months given the company's growth strategy does
not include acquisitions or significant one-time capital
expenditures. The company has no mandatory debt quarterly
amortization payments remaining following voluntary pre-payments.
The company entered into a $250 million accounts receivable
securitization facility expiring in 2027 that had $222 million of
receivables sold to as of March 28, 2025. The secured credit
facility agreement includes two financial covenants under the term
loan A and revolver, including a maximum net leverage (as defined
in the agreement) of 5.25x (with step-downs to 4.5x) and a minimum
interest coverage of 2.0x. In May 2025, the company amended the
credit agreement to extend the net leverage target step down to
begin in March 2026 from March 2025. Moody's expects Vestis will
maintain a comfortable cushion for both covenants.
The B2 rating on the senior secured credit facilities is the same
as the B2 CFR given the single class of first lien secured debt and
reflects the overall loss given default assumption of 50%, driving
the B2-PD PDR. The credit facility has a first priority security
interest in substantially all assets of the borrower and domestic
subsidiaries that guarantee the facility.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook reflects Moody's expectations that Vestis will
experience a modest contraction in its revenue before stabilizing
in 2026. Moody's also anticipates in the stable outlook that the
company will maintain debt to EBITDA below 6.5x through 2026, the
incoming CEO will develop a strategy to stabilize the business and
that good liquidity provides flexibility to execute the company's
growth strategies.
The ratings could be upgraded if Vestis demonstrates sustained
revenue and earnings growth such that Moody's expects debt to
EBITDA to be sustained below 5.0x, the EBITA margin to be sustained
around 6%, and free cash flow to debt to exceed 5%.
The ratings could be downgraded if the company's revenue and
profitability continue to decline, debt to EBITDA is sustained
above 6.5x, liquidity deteriorates including reliance on revolver
borrowings, or the company adopts more aggressive financial
policies including additional leveraging acquisitions, dividends or
share repurchases prior to debt reduction.
Vestis Corporation ("Vestis") is a large provider of uniform rental
and workplace supplies in the US and Canada. The company provides
uniforms, mats, towels, linens, restroom products, first-aid
supplies, and cleaning services. The company also provides direct
sales of branded promotional products to business customers.
Moody's expects the company to generate $2.7 billion in revenue for
fiscal year 2025 (ends September 30).
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
WATCHTOWER FIREARMS: Carrington Represents Equity Security Holders
------------------------------------------------------------------
The law firm of Carrington, Coleman, Sloman & Blumenthal, L.L.P.
filed a verified statement pursuant to Rule 2019 of the Federal
Rules of Bankruptcy Procedure to disclose that in the Chapter 11
case of Watchtower Firearms LLC, the firm represents:
1. The TLV 2021 Lifetime Revocable Trust;
2. Field-Lahiri Properties, LP;
3. Catina Smart; and
4. TIJAKR Ventures, LLC
The TLV 2021 Lifetime Revocable Trust is an equity security holder
as a 1.2% member in the Debtor, with an address of 2 Hammock Dunes
Place, Spring, Texas 77389.
Field-Lahiri Properties, LP is an equity security holder as a 1.2%
member in the Debtor, with an address of 11 Maple Loft Place, The
Woodlands, Texas 77381.
Catina Smart is an equity security holder as a 1.2% member in the
Debtor, with an address of 4419 Katie's Creek Drive, Mont Belvieu,
Texas 77523.
TIJAKR Ventures, LLC is an equity security holder as a 1.2% member
in the Debtor, with an address of 142 Gateway Place Park, The
Woodlands, Texas 77380.
Counsel was employed effective April 3, 2025. After due inquiry,
Counsel has no disclosable economic interest itself in relation to
the Debtor.
The law firm can be reached at:
CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P.
Mark A. Castillo, Esq.
Robert C. Rowe, Esq.
Victor G. Solyanik, Esq.
901 Main St., Suite 5500
Dallas, TX 75202
Telephone: 214-855-3000
Facsimile: 214-580-2641
Email: markcastillo@ccsb.com
Email: rrowe@ccsb.com
Email: vsolyanik@ccsb.com
About Watchtower Firearms LLC
Watchtower Firearms LLC is a veteran-owned company offering a
diverse range of firearms, including custom rifles, special edition
rifles, and handguns. The Company serves military, law enforcement,
hunting, and personal use markets. In addition to firearms, it
provides suppressors, components, and specialized gear tailored to
meet the needs of its customers.
Watchtower Firearms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40684) on February
27, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Joseph Acosta, Esq. at CONDON TOBIN represents the Debtor as
counsel.
WAVE ASIAN: L. Todd Budgen Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 21 appointed L. Todd Budgen, Esq., a
practicing attorney in Longwood, Fla., as Subchapter V trustee for
Wave Asian Bistro, LLC.
Mr. Budgen will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Budgen declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
L. Todd Budgen, Esq.
P.O. Box 520546
Longwood, FL 32752
Tel: (407) 232-9118
Email: Todd@C11Trustee.com
About Wave Asian Bistro
Wave Asian Bistro, LLC filed Chapter 11 petition (Bankr. M.D. Fla.
Case No. 25-02112) on April 11, 2025, listing up to $50,000 in
assets and between $500,001 and $1 million in liabilities.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by:
Jeffrey Ainsworth, Esq.
Bransonlaw, PLLC
Tel: 407-894-6834
Email: jeff@bransonlaw.com
WAVE SUSHI: L. Todd Budgen Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 21 appointed L. Todd Budgen, Esq., a
practicing attorney in Longwood, Fla., as Subchapter V trustee for
Wave Sushi Maitland, LLC.
Mr. Budgen will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Budgen declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
L. Todd Budgen, Esq.
P.O. Box 520546
Longwood, FL 32752
Tel: (407) 232-9118
Email: Todd@C11Trustee.com
About Wave Sushi Maitland
Wave Sushi Maitland, LLC filed Chapter 11 petition (Bankr. M.D.
Fla. Case No. 25-02113) on April 11, 2025, listing up to $50,000
in assets and between $500,001 and $1 million in liabilities.
Judge Tiffany P. Geyer oversees the case.
The Debtor is represented by:
Jeffrey Ainsworth, Esq.
Bransonlaw, PLLC
Tel: 407-894-6834
Email: jeff@bransonlaw.com
WILLIAM CARTER: Moody's Lowers CFR to 'Ba2', Outlook Stable
-----------------------------------------------------------
Moody's Ratings downgraded The William Carter Company's
("Carter's") corporate family rating to Ba2 from Ba1 and its
probability of default rating to Ba2-PD from Ba1-PD. Concurrently,
Moody's downgraded its senior unsecured notes rating to Ba3 from
Ba2. The speculative grade liquidity rating remains unchanged at
SGL-1. The ratings outlook is stable.
The downgrades reflect an expected decline in Carter's operating
income and pressure on free cash flow generation as it navigates a
difficult consumer environment, works to continue to improve its
value offering and market position and faces 10% reciprocal tariffs
currently in place on its largest sourcing countries. As consumers
remain focused on value, Moody's believes it will be challenging
for Carter to take price increases to offset higher tariff costs.
In addition, Carter's faces declining birth rates. Although
Carter's has low funded debt and balanced financial strategies,
Moody's expects EBITA/Interest to weaken to between 2.5x-3.0x over
the next 12-18 months.
RATINGS RATIONALE
Carter's Ba2 CFR reflects its leading market position and the
replenishment nature of Carter's competitively priced baby and
toddler offering that poses limited fashion risk. The company
continues to contend with a value oriented customer as higher costs
from tariffs will need to be mitigated by price increases or
absorption by its vendors. Although funded debt levels are expected
to remain low, interest coverage and free cash flow continues to
weaken as profitability declines. Debt/EBITDA is projected in a
range of 2.7x to 3.5x, assuming reciprocal tariffs remain at 10%
over the next 12-18 months. Its recent reinvestments in pricing are
now met with higher tariff costs which will make it more difficult
to provide consumers lower prices. Its largest sourcing exposures
are to Vietnam, Bangladesh, Cambodia and India with limited
sourcing in China.
The Carter's brand (including its exclusive brands) continues to
have a leading market position with about a 10% market share in
baby and young children's market (age zero to 10 years) as of
December 2024. The company has historically maintained moderate
leverage and balanced financial strategies, including a sizable
dividend of approximately $116 million annually which provides
flexibility to maintaining its very good liquidity profile.
Carter's has a narrow product focus primarily in infant and toddler
apparel, customer concentration, geographic focus mainly in the
US.
The stable outlook reflects the expectation that Carter's will
continue work to maintain or improve its market position while
remaining free cash flow positive. Operating margins are expected
to support credit metrics reflective of the Ba2 rating.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade would require sustained market share and solid operating
performance in key segments. Quantitatively, an upgrade would
require lease-adjusted debt/EBITDA to be maintained below 3.75
times, EBITA/interest expense above 4.0 times and double digit
EBITA margins.
The ratings could also be downgraded if financial policies become
more aggressive or liquidity erodes. Quantitatively, the ratings
could be downgraded if debt/EBITDA is sustained above 4.5 times or
EBITA/Interest below 3.0x.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
Headquartered in Atlanta, Georgia, The William Carter Company
("Carter's") owns the "Carter's," "OshKosh B'gosh," "Skip Hop" and
"Little Planet" brands, which are distributed through
company-operated stores, e-commerce operations, as well as national
chains, department stores, specialty retailers and e-commerce
platforms domestically and internationally. Revenue for the LTM
period ended March 30, 2025 was approximately $2.8 billion. The
company's parent entity Carters, Inc. is publicly traded under the
stock symbol "CRI".
WINTHROP STREET: Voluntary Chapter 11 Case Summary
--------------------------------------------------
Debtor: Winthrop Street - Morra Solar, LLC
297 Winthrop St.
Rehoboth, MA 02769
Chapter 11 Petition Date: May 18, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-11014
Judge: Hon. Christopher J. Panos
Debtor's Counsel: D. Ethan Jeffery, Esq.
MURPHY & KING, PROFESSIONAL CORPORATION
28 State Street, Suite 3101
Boston, MA 02109
Tel: (617) 423-0400
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Gary M. Kassem as manager.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/BGDPSKQ/Winthrop_Street_-_Morra_Solar__mabke-25-11014__0001.0.pdf?mcid=tGE4TAMA
WT REPAIR: Case Summary & 10 Unsecured Creditors
------------------------------------------------
Debtor: WT Repair, LLC
3201 N Road
Beloit, KS 67420
Business Description: WT Repair, LLC is an independently owned
used equipment dealer and service shop based
in Beloit, Kansas. The Company specializes
in buying, selling, and servicing farm
machinery, including tractors, harvesters,
and used trucks. WT Repair is also a full-
line dealer for Bush Hog, Farm King, MacDon,
Geringhoff, Quicke, Kelly Ryan, and HyGrade.
Chapter 11 Petition Date: May 15, 2025
Court: United States Bankruptcy Court
District of Kansas
Case No.: 25-20636
Judge: Hon. Dale L. Somers
Debtor's Counsel: Colin Gotham, Esq.
EVANS & MULLINIX, P.A.
7225 Renner Road, Suite 200
Shawnee, KS 66217
Tel: (913) 962-8700
Fax: (913) 962-8701
E-mail: cgotham@emlawkc.com
Total Assets: $3,084,713
Total Liabilities: $3,196,953
Wesley Thompson, serving as managing member, signed the petition.
A full-text copy of the petition, which includes a list of the
Debtor's 10 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UOFRVCA/WT_Repair_LLC__ksbke-25-20636__0001.0.pdf?mcid=tGE4TAMA
ZOLLEGE PBC: Saratoga Marks $1.5 Million 1L Loan at 26% Off
-----------------------------------------------------------
Saratoga Investment Corp. has marked its $1,461,250 loan extended
to Zollege PBC to market at $1,085,855 or 74% of the outstanding
amount, according to Saratoga's Form 10-K for the fiscal year ended
February 28, 2025, filed with the U.S. Securities and Exchange
Commission.
Saratoga is a participant in a First Lien Term Loan to Zollege PBC.
The loan accrues interest at a rate of 4.84% payment in kind per
annum. The loan matures on August 9, 2027.
Saratoga is a non-diversified closed end management investment
company incorporated in Maryland that has elected to be treated and
is regulated as a business development company under the Investment
Company Act of 1940, as amended. The Company commenced operations
on March 23, 2007 as GSC Investment Corp. and completed the initial
public offering on March 28, 2007. The Company has elected, and
intends to qualify annually, to be treated for U.S. federal income
tax purposes as a regulated investment company under Subchapter M
of the Internal Revenue Code of 1986, as amended.
Saratoga is led by Christian L. Oberbeck, Founder, Chief Executive
Officer; and Henri J. Steenkamp, Chief Financial Officer and Chief
Compliance Officer.
The Fund can be reach through:
Christian L. Oberbeck
Saratoga Investment Corp
535 Madison Avenue
New York, NY 10022
Tel. No.: (212) 906-7800
About Zollege PBC
Zollege PBC operates as a tech-enabled apprenticeship and education
company that offers vocational training programs such as dental
assistant, medical assistant, nurse, software developer, and
cybersecurity specialist programs.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. 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 single-user TCR subscription rate is $1,400 for six months
or $2,350 for twelve months, delivered via e-mail. Additional
e-mail subscriptions for members of the same firm for the term
of the initial subscription or balance thereof are $25 each per
half-year or $50 annually. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***