acm partners restructuring recap - 4.26.15

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ACM Partners Restructuring Recap April 26, 2015 1 www.acm-partners.com

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Page 1: ACM Partners Restructuring Recap - 4.26.15

ACM Partners Restructuring

RecapApril 26, 2015

1 www.acm-partners.com

Page 2: ACM Partners Restructuring Recap - 4.26.15

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The post-recession years have been

difficult for many hotel and casino

operators, and another struggling operator

may be nearing the end. Bref HR, the

company that owns the Hard Rock Las

Vegas Hotel & Casino, has generated an

aggregate net loss of approximately $325

million over the past three years.

Additionally, the company has $762 million

in debt and has deferred interest

payments since March 2014 via a series of

forbearance agreements.

While Bref continues to pursue a

restructuring solution, auditor Deloitte &

Touche LLP has issued a going concern

warning.

Losses Mount for Hard Rock Las Vegas

www.acm-partners.com

See full story in Mergers & Acquisitions

here

Page 3: ACM Partners Restructuring Recap - 4.26.15

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A recent UK case related to a sale of debt

on the secondary market illustrates the

challenges of assuming that the adoption

of market-standard language and terms

eliminates all ambiguities. In January

2010, Tael One Partners participated

($32MM) in a $100MM syndicated loan

facility to Finspace S.A. Tael One then

transferred $11MM of this participation to

Morgan Stanley, which in turn transferred

the $11MM participation to Spinnaker

Global Strategic Fund Limited.

The issue arose over questions of which

party had the right to a “Payment

Premium” specified in the original

Finspace S.A. facility.

The Moral of the Tael

www.acm-partners.com

See full story in Weil Restructuring Blog

here

Page 4: ACM Partners Restructuring Recap - 4.26.15

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Cascade Investments LLC, an investment

company owned by Bill Gates, has run into

an interesting problem in seeking to

confirm a bankruptcy plan for portfolio

company Optim Energy LLC: too few

creditors.

U.S. Bankruptcy Judge Brendan Shannon

must weigh the merits of a plan of

reorganization that seeks to divide an

already small set of unsecured creditors

into two separate classes in order to

ensure the support of at least one class of

non-insider creditors.

For Bill Gates, Too Little Debt is a

Problem in Optim Case

www.acm-partners.com

See full story in Bloomberg here

Page 5: ACM Partners Restructuring Recap - 4.26.15

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As doubts multiply that a prospective

financing deal may not be finalized, Puerto

Rico’s top finance officials have gone

public with their concerns that a

government shutdown could be imminent

as the island struggles through a liquidity

crisis.

Puerto Rico Officials Warn Government

Shutdown Imminent

www.acm-partners.com

See full story in Reuters here

Page 6: ACM Partners Restructuring Recap - 4.26.15

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Frozen food company Gourmet has

secured a $6 million debtor-in-possession

(DIP) loan from alternative lender Siena

Lending Group. The proceeds from this

financing will be used to fund working

capital until a sale of the company can be

finalized.

Siena Closes DIP Revolver for Gourmet

www.acm-partners.com

See full story in ABF Journal here

Page 7: ACM Partners Restructuring Recap - 4.26.15

• ACM Partners is a boutique financial advisory firm providing due

diligence, performance improvement, restructuring and turnaround

services.

• David Johnson can be contacted at:

– Email: [email protected]

– Ph: 312-505-7238

• For more information visit: www.acm-partners.com.

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About ACM Partners

www.acm-partners.com