Cineworld exits Chapter 11 bankruptcy protection

BY Richard Summerfield

After nearly 11 months, Cineworld Group has exited Chapter 11 bankruptcy protection in the US. The company is emerging with a greatly reduced debt load, a new board of directors and a number of new executives.

The company has reduced its debt by $4.53bn, raising about $800m in new equity capital and securing new debt financing of around $1.71bn. As a result, it feels it is “well-positioned to pursue future strategic initiatives and continue providing leading cinematic experiences for customers globally, including through investments in new screen formats and enhancements to its flagship theatres”, according to a statement.

“With a transformed balance sheet and a right-sized capital structure, Cineworld is ready and fully able to succeed in this dynamic and constantly changing movie theatre industry,” said Eric Foss, the new chairman of the board of Cineworld. “I am truly excited to introduce the impressive group of directors who will be joining our new Board and whose expertise and leadership in various fields will help us to grow Cineworld’s business and ensure that our theatres continue to be moviegoers’ first choice for memorable cinema experiences.”

“I am honored to join Cineworld and work alongside the experienced management team to unlock the company’s great potential,” said Eduardo Acuna, the new chief executive of Cineworld. “With its talented group of employees, significant number of distinguished business partners and devoted customers around the world, Cineworld has what it needs to reach new levels of success. We will continue to put our guests at the center of everything we do and look forward to continuing to break new ground in our industry.”

In addition to Mr Foss and Mr Acuna, Cineworld has also appointed Ann Sarnoff, former chair and chief executive of Warner Bros, to its board, as well as four other new board members.

Cineworld is the world’s second largest cinema chain, and is the operator and owner of brands such as Regal, Cinema City, Picturehouse and Planet. The company and 104 of its affiliated debtors filed for Chapter 11 bankruptcy in the US Bankruptcy Court for the Southern District of Texas in early September 2022 to restructure its massive debt. The company’s existing shareholders have been wiped out as part of the financial restructuring, with a new, incorporated company controlled by lenders now controlling Cineworld.

On Monday, Cineworld Group named an administrator in the UK and had its shares delisted from the London Stock Exchange as the company prepared its Chapter 11 exit.

News: Cineworld emerges from Chapter 11 bankruptcy

Agri-business AppHarvest files for Chapter 11

BY Fraser Tennant

In what it describes as a “financial and operational transition”, sustainable food company AppHarvest, Inc. has filed for Chapter 11 bankruptcy protection in a bid to it to reduce its outstanding liabilities.

The company has also obtained a commitment from Equilibrium – its largest secured creditor – to provide approximately $30m of debtor-in-possession (DIP) financing to provide the necessary liquidity to support operations during the Chapter 11 process. The DIP financing is subject to approval by the bankruptcy court.

AppHarvest currently has four facilities in Kentucky – a 60-acre flagship tomato farm in Morehead, a 15-acre salad green farm in Berea, a tomato farm in Richmond and a 30-acre farm in Somerset – that grow tomatoes, leafy greens, cucumbers and strawberries.

Business operations will continue at the farms throughout the Chapter 11 process, including shipping product to top national grocery store chains, restaurants and food service outlets.

“The AppHarvest board of directors and executive leadership evaluated several strategic alternatives to maximise value for all stakeholders prior to the Chapter 11 filing,” said Tony Martin, chief executive of AppHarvest. “The filing provides protection while we work to transition operation of our strategic plan, Project New Leaf, which has shown strong progress toward operational efficiencies resulting in higher sales, cost savings and product quality.”

Developing and operating some of the world’s largest high-tech indoor farms with high levels of automation, AppHarvest’s farms are designed to grow produce using sunshine, rainwater and up to 90 percent less water than open-field growing, all while producing yields up to 30 times that of traditional agriculture and preventing pollution from agricultural runoff.

The company went public via a special purpose acquisition company (SPAC) in early 2021 and planned to operate 12 indoor farming facilities by 2025.

AppHarvest’s Chapter 11 filing comes just weeks after fellow indoor agri-tech business AeroFarms filed its own Chapter 11 petition.

News: AppHarvest files for Chapter 11 bankruptcy, aiming for financial and operational transition

ViewRay files for Chapter 11 protection

BY Richard Summerfield

ViewRay Inc., has filed for Chapter 11 bankruptcy protection in the US Bankruptcy Court for the District of Delaware. The company’s filing, which came on Tuesday, saw it further disclose that it intends to pursue a sale of its business under section 363 of the Bankruptcy Code, including a sale of all or a portion of the company’s assets, while continuing to support its customers during the Chapter 11 process.

To facilitate the Chapter 11 filing, in addition to having the use of its sufficient existing cash reserves, the company has received a commitment of around $6m in debtor-in-possession (DIP) financing from MidCap Financial Services.

The company has appointed Paul Ziegler as its chief executive. Mr Ziegler, who had previously served as the chief commercial officer (CCO) of the company, has also been appointed to the board as a director. The board also decreased from nine to seven directors. Prior to the Chapter 11 filing, the company terminated its then-CEO, its interim chief financial officer and chief legal officer.

ViewRay developed the MRIdian radiation-therapy system, the ‘world’s first’ radiation therapy system integrated with diagnostic-quality MRI guidance.

“Despite the operating challenges, MRIdian has facilitated real societal value and remains critically important for a broad population of cancer patients, including those who were previously considered untreatable,” said Mr Ziegler in a statement. “We deeply appreciate our teammates, customers, partners, and patients that we serve. We will continue to work diligently to maximize value for the benefit of all stakeholders.”

ViewRay has endured some financial difficulty in recent years. Hit by inflation, supply chain challenges and inconsistent payments from international customers, the company has fallen on hard times. As of 31 March 2023, ViewRay had an order backlog of $411m and recorded adjusted earnings before interest, taxes, depreciation and amortisation (EBITDA) losses of $25m in the first quarter of 2023. The company currently intends to lay off 71 employees, in addition to the 36 it let go earlier in 2023. ViewRay currently has 232 remaining employees.

Going forward, ViewRay has vowed to continue “strategically managing” its inventory to help maintain customer sites across the globe. It has also filed several motions in bankruptcy court with the intent of continuing to service customers and honour obligations to remaining employees “following an additional reduction in force”.

News: ViewRay Files Voluntary Chapter 11 Petitions

Bankruptcies boom in H1 2023

BY Richard Summerfield

Commercial Chapter 11 bankruptcies increased significantly over the first half of the year, according to Epiq Bankruptcy.

There were 2973 total commercial Chapter 11 bankruptcies filed during the first six months of 2023, a 68 percent increase over the 1766 filings during the same period in 2022. Individual Chapter 13 filings increased by 23 percent during the same period.

June saw a rise of 12 percent in overall commercial filings, with 2123 filings up from the 1891 commercial filings registered in June 2022. The 404 commercial Chapter 11 filings in June represented a 9 percent increase from the 371 filings in June 2022.

Bankruptcy filings for small businesses, known as subchapter V elections within Chapter 11, also increased 55 percent, according to the data.

Furthermore, total bankruptcy filings reached 217,420 during the first six months of 2023, a 17 percent increase from the 185,352 total filings during the same period a year ago. Total individual filings also registered a 17 percent increase, as the 205,313 filings during the first half of 2023 were up from the 175,094 filings during the first six months of 2022. The 85,390 individual Chapter 13 filings in the first half of 2023 represented a 23 percent increase over the 69,367 filings during the same period in 2022.

All chapters increased in June 2023 compared to June 2022, with 37,700 total bankruptcy filings representing an increase of 17 percent from the 32,198 filed in 2022.

Total commercial filings were up 12 percent from 1,891. Total individual filings were up 18 percent from 30,307.

“The increase in commercial and individual bankruptcy filings during the first half of 2023 underscores the economic challenges faced by businesses and individuals,” said Gregg Morin, vice president of business development and revenue at Epiq Bankruptcy.

Some of the most notable recent filings have included SVB Financial Group, Envision Healthcare Corp and Bed Bath & Beyond. An increasing number of companies is encountering financial difficulty as the global economy continues to fluctuate. The coronavirus (COVID-19) pandemic, the ongoing war in Ukraine, rising interest rates, inflation and increased borrowing costs have all impacted organisations significantly in recent years.

News: Commercial Chapter 11 Filings Doubled Over Same Period Last Year

Electric truck maker Lordstown files for Chapter 11

BY Fraser Tennant

Amid accusations that its investment partner Foxconn has reneged on its commitments, struggling US electric truck manufacturer Lordstown Motors Corp. has filed for Chapter 11 bankruptcy.

As part of the bankruptcy process, Lordstown has filed litigation detailing its description of Foxconn’s fraud and wilful and consistent failure to live up to its commercial and financial commitments to Lordstown, arguing that Foxconn’s actions led to material damage to Lordstown as well as its future prospects.

Under the partnership, Lordstown had agreed to divest its most valuable assets to Foxconn, namely its Lordstown, Ohio manufacturing facility, which is one of the largest in North America, along with its highly talented and experienced manufacturing and operational employees.

The Chapter 11 filing will also allow Lordstown to commence a comprehensive marketing and sale process for the Endurance all-electric vehicle (EV) and related assets, as well as provide a prospective buyer with a going concern asset that is free and clear of any legacy issues.

“As one of the early entrants to the EV industry, we have delivered the Endurance, an innovative and highly-capable EV with significant commercial and retail potential,” said Edward Hightower, chief executive and president of Lordstown. “We  subsequently engaged with Foxconn in a purposeful, strategic partnership to leverage this expertise into a broader EV development platform.”

“However, despite our best efforts and earnest commitment to the partnership, Foxconn wilfully and repeatedly failed to execute on the agreed-upon strategy, leaving us with Chapter 11 as the only viable option to maximise the value of Lordstown's assets for the benefit of our stakeholders. We will vigorously pursue our litigation claims against Foxconn accordingly.”

To ensure a smooth transition into Chapter 11, the company filed with the bankruptcy court a series of customary ‘first day’ motions to continue operating the business and uphold its commitments to stakeholders during the process. Lordstown enters Chapter 11 with significant cash on hand and is debt-free.

“While in Chapter 11, Lordstown will continue to support our customers,” concluded Mr Hightower. “We are grateful for the Lordstown team for their commitment and dedication to our vision and to our customers, suppliers and business partners.”

News: Lordstown Motors files for bankruptcy, sues Foxconn