Friedman's Receives Court Approval On 'First-Day Motions' in Its Voluntary Chapter 11 Filing
2005年1月25日 - 4:40AM
PRニュース・ワイアー (英語)
Friedman's Receives Court Approval On 'First-Day Motions' in Its
Voluntary Chapter 11 Filing Obtains Interim Approval to Borrow Up
to $40 Million on $150 Million DIP Financing Commitment from
Citicorp USA, Inc. and Interim Approval of Cash Collateral
Agreement with Existing Lenders SAVANNAH, Ga., Jan. 24
/PRNewswire-FirstCall/ -- Friedman's Inc. (OTC:FRDM.PK), the Value
Leader in fine jewelry retailing, announced that it has received a
commitment for up to $150 million in debtor-in-possession (DIP)
financing from a group of lenders led by Citicorp USA, Inc. and
arranged by Citigroup Global Markets, Inc. On Friday, Friedman's
received interim court approval permitting it to borrow up to $40
million of the DIP financing facility. Upon closing, which is
anticipated to be completed this week following entry of the
interim DIP financing order by the Bankruptcy Court, the interim
DIP financing will be immediately available to repay Friedman's
prepetition revolving credit facility, to purchase inventory and
for general corporate purposes. The final hearing on the DIP
financing facility has been scheduled for February 18. At the final
hearing, Friedman's expects to seek approval of the remainder of
the DIP facility, which currently remains subject to satisfactory
diligence review by the lenders and customary conditions. To the
extent that the full $150 million is approved at the final hearing,
the Company has agreed to use the final DIP financing facility to
repay its prepetition term loan facility, to fund certain payments
to vendors under its prepetition secured trade credit program, to
purchase additional inventory and for general corporate purposes.
In connection with the approval of the interim DIP financing
facility, Friedman's also reached an agreement with its existing
lenders on the terms for the consensual use of their cash
collateral through the duration of the Company's chapter 11 cases
as well as the granting of senior liens to Friedman's new lenders
under the DIP financing facility. The Company also announced that
it received Court approval during its first day hearings to among
other things, pay prepetition employee wages, salaries, workers'
compensation, health benefits, life and disability insurance and
other employee obligations during its restructuring under chapter
11. The Company obtained permission to pay trust taxes in the
ordinary course of business, including pre-petition amounts,
continued use of its cash management systems and authorization to
continue with ordinary course customer programs such as return
privileges, layaways, product protection plans, gift certificates
and other customer programs during the restructuring period. The
Company is authorized to pay ordinary course postpetition expenses
without seeking Court authority. Friedman's Chief Executive Officer
Sam Cusano said he was extremely pleased with the Court's approval
of its "first-day" orders and interim DIP financing. "Having
secured DIP financing and approval of our first-day motions within
the first week of the case gives Friedman's forward momentum toward
restructuring the Company. As we head into the Valentine's Day
shopping season, our $40 million interim financing authority gives
the Company the liquidity and resources to work with vendors to
restore merchandise shipments in and out of our stores that were
interrupted by the unanticipated liquidity events of the last
several weeks." Mr. Cusano also stated that Friedman's has already
contacted a number of its major vendors, who have indicated their
intention to continue to support Friedman's in its chapter 11
reorganization. Friedman's also received Court approval to continue
various vendor-related programs, including payment of prepetition
consignment claims relating to merchandise still held by the
Company. "There will be no interruption in operations at the
Company's stores, and we will continue to purchase and pay for
goods and services from our suppliers," said Mr. Cusano. Mr. Cusano
also said that the Company had been informed that the Office of
United States Trustee planned to appoint an official unsecured
creditors committee early this week and that the Company planned to
meet with the committee following its appointment later this week
in New York City. The Company filed voluntary chapter 11 petitions
on behalf of the Company and seven of its subsidiaries in the U.S.
Bankruptcy Court for the Southern District of Georgia, in Savannah
on January 14, 2004. The cases were filed to alleviate short-term
liquidity issues which followed unanticipated limitations imposed
earlier this month by the Company's prepetition lenders, continue
Friedman's ongoing restructuring initiatives, and facilitate the
Company's turnaround. About Friedman's Founded in 1920, Friedman's
Inc. is a leading specialty retailer based in Savannah, Georgia.
The Company is the leading operator of fine jewelry stores located
in power strip centers and regional malls. For more information, go
to: http://www.friedmans.com/. Some of the statements included in
this press release, particularly those anticipating future
financial performance, business prospects, growth and operating
strategies and similar matters, are forward-looking statements that
involve a number of risks and uncertainties. For those statements,
we claim the protection of the safe harbor for forward-looking
statements contained in the Private Securities Litigation Reform
Act of 1995. These forward-looking statements are not guarantees of
future performance and a variety of factors could cause the
Company's actual results to differ materially from the anticipated
or expected results expressed in these forward-looking statements.
The Company undertakes no obligation to update or revise any such
forward- looking statements. The forward-looking statements, the
Company's liquidity, capital resources, and results of operations
are subject to a number of risks and uncertainties, including but
not limited to, the following: the ability of the Company to
operate as a going concern; the ability of the Company to obtain
use of cash collateral and/or debtor-in-possession (DIP) financing
on an final basis and to operate pursuant to the terms of such
agreements; court approval of the motions prosecuted by the Company
from time to time; the ability of the Company to develop,
prosecute, confirm and consummate one or more plans of
reorganization with respect to the chapter 11 case; risks
associated with third parties seeking and obtaining court approval
to terminate or shorten the exclusivity period for the Company to
propose and confirm one of more plans of reorganization, for the
appointment of a chapter 11 trustee or to convert the cases to
chapter 7 cases; the ability of the Company to obtain trade credit,
and shipments and terms with vendors and service providers for
current orders; the Company's ability to maintain contracts that
are critical to its operations; potential adverse developments with
respect to the Company's liquidity and/or results of operations;
competitive pressures from other retailers; trends in the economy
as a whole which may affect consumer confidence and consumer demand
for the types of goods sold by the Company; the ability of the
Company to attract, retain and compensate key executives and
associates; the ability of the Company to attract and retain
customers; potential adverse publicity; the final results of the
audit including the review of the calculation of our allowance for
doubtful accounts; the results of the SEC and Justice Department
investigations; the results of various litigation; the effect of
the restatement on our credit facilities, including funding
availability thereunder and our relationship with our lenders; the
effect of the restatement on our future earnings, including any
adjustments to previously announced earnings forecasts; and other
risks factors identified from time to time in our SEC reports,
including, but not limited to, the report on Form 10- K for the
year ended September 28, 2002. DATASOURCE: Friedman's Inc. CONTACT:
Brenda Adrian or Maya Pogoda, Sitrick And Company, +1-912-447-6000,
ext. 10018, for Friedman's Inc. Web site: http://www.friedmans.com/
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