Real Industry and Real Alloy Receive Court Approval of First Day Motions
2017年11月21日 - 7:35AM
ビジネスワイヤ(英語)
Financing in place to support Real Alloy’s
U.S. operations
All facilities globally operating on
schedule
Real Industry, Inc. (NASDAQ: RELY) (“Real Industry” or the
“Company”) today announced that the Company and Real Alloy
Holding, Inc. and its U.S. subsidiaries (“Real Alloy”) have
received interim approval from the U.S. Bankruptcy Court for the
District of Delaware (the “Court”) for all of the “first day”
motions related to their November 17, 2017 filings of petitions for
voluntary Chapter 11 reorganization. Collectively, the motions
granted by the Court on an interim basis facilitate and ensure that
the Company and Real Alloy continue uninterrupted operations
throughout the reorganization process, giving the Company and Real
Alloy the authority to make payments to suppliers and service
providers as well as to continue to pay employees wages, salaries
and benefits.
Among other things, the Court has approved Real Alloy’s
debtor-in-possession (“DIP”) financing, which includes the
continued use of its $110 million asset-based lending facility and
up to $50 million of the incremental $85 million of new money being
provided by holders of a majority of Real Alloy’s bonds. The DIP
financing, combined with cash generated from Real Alloy’s ongoing
operations, will be available to meet Real Alloy’s operational and
working capital needs during the reorganization effort under
Chapter 11. The Court set a hearing date of December 19, 2017 for
final approval of the DIP financing.
“The Court’s approvals today are a significant step toward
rebuilding our capital structure,” said Terry Hogan, President of
Real Alloy. “With the DIP financing also approved today, we have
begun making payments to scrap suppliers and service providers that
support our facilities. We continue to deliver products and
services to our customers while working to reinforce relationships
with our many suppliers.”
As previously announced, on November 17, 2017, the Company and
certain of its Real Alloy subsidiaries in the U.S. filed petitions
for voluntary Chapter 11 reorganization to restructure their
balance sheets, continue to operate in the ordinary course, and
preserve the value of the Company’s net operating loss tax
carryforwards. Real Alloy’s European, Mexican, and Canadian
operations and Goodyear, Ariz. joint venture are supported by their
own cash flows and are not part of such filing. Operations in these
locations continue as usual.
Additional Information
Court filings and other information related to the
court-supervised proceedings are available at a website
administered by the Company’s claims agent, Prime Clerk, at
https://cases.primeclerk.com/realindustry. Additional information
on Real Industry can be found at its website
www.realindustryinc.com.
For both the Company and Real Alloy, in connection with the
reorganization, Morrison & Foerster LLP is serving as legal
counsel, Jefferies LLC is serving as investment banker, and Berkley
Research Group LLP is serving as the financial advisor.
Cautionary Statement Regarding Forward-Looking
Statements
This release contains forward-looking statements, which are
based on our current expectations, estimates, and projections about
the Company’s and its subsidiaries’ businesses and prospects, as
well as management’s beliefs, and certain assumptions made by
management. Words such as “anticipates,” “expects,” “intends,”
“plans,” “believes,” “seeks,” “estimates,” “may,” “should,” “will”
and variations of these words are intended to identify
forward-looking statements. Such statements speak only as of the
date hereof and are subject to change. The Company undertakes no
obligation to revise or update publicly any forward-looking
statements for any reason. These statements are not guarantees of
future performance and are subject to certain risks, uncertainties,
and assumptions that are difficult to predict. Forward-looking
statements discuss, among other matters: our financial and
operational results, as well as our expectations for future
financial trends and performance of our business in future periods;
our strategy; risks and uncertainties associated with Chapter 11
proceedings; the negative impacts on our businesses as a result of
filing for and operating under Chapter 11 protection; the time,
terms and ability to confirm a Chapter 11 plan of reorganization
for our businesses; the adequacy of the capital resources of our
businesses and the difficulty in forecasting the liquidity
requirements of the operations of our businesses; the
unpredictability of our financial results while in Chapter 11
proceedings; our ability to discharge claims in Chapter 11
proceedings; negotiations with our holders of our Senior Secured
Notes, our asset-based facility lender, and our trade creditors;
risks and uncertainties with performing under the terms of the DIP
financing and any other arrangement with lenders or creditors while
in Chapter 11 proceedings; our ability to retain employees,
suppliers and customers as a result of Chapter 11 proceedings; Real
Alloy’s ability to conduct business as usual in the United States
and worldwide; Real Alloy’s ability to continue to serve customers,
suppliers and other business partners at the high level of service
and performance they have come to expect from Real Alloy; Real
Alloy’s ability to continue to pay suppliers; Real Alloy’s ability
to fund ongoing business operations through the DIP financing; the
use of the funds anticipated to be received in the DIP financing;
the ability to control costs during Chapter 11 proceedings; the
risk that our Chapter 11 proceedings may be converted to cases
under Chapter 7 of the Bankruptcy Code; the ability of the Company
to preserve and utilize the NOLs following Chapter 11 proceedings;
Real Industry’s ability to secure operating capital; our ability to
take advantage of opportunities to acquire assets with upside
potential; Real Industry’s ability to execute on its strategic plan
to evaluate and close potential M&A opportunities; our
long-term outlook; our preparation for future market conditions;
and any statements or assumptions underlying any of the foregoing.
Such statements are not guarantees of future performance and are
subject to certain risks, uncertainties, and assumptions that are
difficult to predict. Accordingly, actual results could differ
materially and adversely from those expressed in any
forward-looking statements as a result of various factors.
Important factors that may cause such differences include, but
are not limited to, the decisions of the bankruptcy court;
negotiations with our debtholders and creditors; our ability to
meet the requirements, and compliance with the terms, including
restrictive covenants, of the DIP financing and any other financial
arrangement while in Chapter 11 proceedings; adverse litigation;
changes in domestic and international demand for recycled aluminum;
the cyclical nature and general health of the aluminum industry and
related industries; commodity and scrap price fluctuations and our
ability to enter into effective commodity derivatives or
arrangements to effectively manage our exposure to such commodity
price fluctuations; inventory risks, commodity price risks, and
energy risks associated with Real Alloy’s buy/sell business model;
the impact of tariffs and trade regulations on our operations; the
impact of any changes in U.S. or non-U.S. tax laws on our
operations or the value of our NOLs; our ability to successfully
identify, acquire and integrate additional companies and businesses
that perform and meet expectations after completion of such
acquisitions; our ability to achieve future profitability; our
ability to control operating costs and other expenses; that general
economic conditions may be worse than expected; that competition
may increase significantly; changes in laws or government
regulations or policies affecting our current business operations
and/or our legacy businesses, as well as those risks and
uncertainties disclosed under the sections entitled “Risk Factors”
and “Management’s Discussion and Analysis of Financial Condition
and Results of Operations” in Real Industry, Inc.’s Forms 10-Q
filed with the Securities and Exchange Commission (“SEC”) on May
10, 2017, August 8, 2017 and November 9, 2017 and Form 10-K filed
with the SEC on March 13, 2017, and similar disclosures in
subsequent reports filed with the SEC, which are available on our
website at www.realindustryinc.com and on the SEC website at
https://www.sec.gov.
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version on businesswire.com: http://www.businesswire.com/news/home/20171120006151/en/
Real Industry, Inc.Jeehae Shin, (212)
201-4126investor.relations@realindustryinc.comorThe Equity Group,
Inc.Adam Prior, (212) 836-9606aprior@equityny.comCarolyne Y. Sohn,
(415) 568-2255csohn@equityny.com
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