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Health

Purdue Pharma’s Collectors Overwhelmingly Endorse Chapter Plan

A large majority of Purdue Pharma’s more than 120,000 creditors have voted to approve the company’s bankruptcy plan, a major step toward the eventual release of more than $ 4.5 billion to help cover the cost of the opioid epidemic and its settlement Thousands of lawsuits to be paid against the company and its owners, members of the billionaire Sackler family.

A preliminary poll by cities, states, tribes, insurers, families and caregivers of babies born with withdrawal symptoms after exposure to opioids in utero showed 95 percent are in favor of the plan, the company said.

According to the plan, the Sacklers would give up control of Purdue. The restructured company was to be resurrected under a new name and run by an independently appointed board of directors. Profits the sale of its signature prescription pain reliever, OxyContin, and addiction quenching drugs would go to creditor trusts that would fund addiction prevention and treatment programs.

The Sacklers, who did not file for personal bankruptcy, would pay at least $ 4.5 billion of their personal wealth over nine years (in addition to $ 225 million from a separate civil settlement with the Justice Department).

Neither the company nor the Sacklers would admit any wrongdoing in connection with these lawsuits.

In the past two decades, more than 500,000 people have died from prescription and illegal opioid overdoses in the United States, including a record number in 2020. Purdue, which is widely believed to have helped ignite the problem by causing it Has downplayed OxyContin’s addictive potential and aggressively marketed the drug with misleading campaigns pleaded guilty to two separate Justice Department inquiries.

For the complex plan to take effect, Judge Robert Drain must be signed by the US Bankruptcy Court for the southern borough of New York, a move long awaited and now made even more likely by the wholehearted result of the creditors’ vote. Purdue said it would release the final voting results on August 2nd, a week before a court hearing at which final objections will be raised, but the company does not expect those results to change materially. The judge is expected to rule shortly thereafter.

Although a handful of states, including the Justice Department, have objected to the plan, these efforts do not appear to cause the process to fail. Earlier this month, attorneys general of 15 states, including Massachusetts and New York, were among the most vocal objection, said they had negotiated new terms that made the plan more palatable and now supportive of the plan.

Among the new elements that reached the states and Purdue during the mediation was an agreement by the company to release more than 30 million documents to a public repository, including private communications with attorneys. These documents are expected to reveal the full history of the Company and Sacklers involvement in the sale of OxyContin.

Long known for their philanthropy in the arts, the Sacklers would give up future naming rights to any institutions they donate to until their contributions to the opioid agreement are paid in full.

For almost two years, the opposition states argued that they should be able to reach straight into the pockets of individual sacklers because they were not filing for bankruptcy protection themselves. However, under the terms of the Purdue Plan, the Sacklers and their company are exempt from any civil liability.

Some congressmen have passed legislation to fill a loophole in bankruptcy law. It would allow states, and possibly individuals, to sue for bankruptcy third-party business owners who, like the Sacklers themselves, have not filed for bankruptcy. But by the time the bill is passed, the Purdue plan and the status of the Sacklers will almost certainly be cleared up.

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Business

N.R.A. Chief Stored Chapter Submitting Secret From Deputies

Wayne LaPierre, the contested executive director of the National Rifle Association, said Wednesday that he had kept his organization’s bankruptcy filing secret from almost all high-ranking officials, including the general counsel, chief financial officer and the top lobbyist. Nor did he brief most of the NRA’s board of directors.

Mr. LaPierre made the comments after practically appearing in a lawsuit in federal bankruptcy court in Dallas. Despite being solvent, the NRA filed for bankruptcy protection in January to bypass regulators in New York, where the NRA has been chartered for a century and a half.

Attorney General Letitia James sued the association in August and tried to close it down for mismanagement and corruption. She is also looking for tens of millions of dollars in missing funds from Mr. LaPierre and three other current and former NRA leaders.

The nonprofit has been embroiled in a scandal over the past two years, and the NRA and its contractors exposed lavish spending – for zegna suits and luxury travel, Mr. LaPierre went to places like Lake Como in Italy and the Atlantis Resort in the Bahamas. Other perks included chartered jets for him and his family, as well as vacationing on a contractor’s yachts known as Illusions and Grand Illusions.

The bankruptcy case is the latest referendum on Mr LaPierre’s 30-year tenure with the gun rights group, which has recently been hit by disputes over how to turn the battle with the New York Attorney General into a battle for free speech, not free perks transform.

“We filed this bankruptcy in order to look for fair legal conditions under which the NRA can thrive and grow in a fair environment, contrary to what we believe to be a toxic, armed, politicized government in New York State,” said LaPierre in his testimony.

The association intends to use the bankruptcy for reintegration in Texas. Mr LaPierre kept the file secret because he feared leaks would jeopardize the scheme.

However, the Attorney General and the NRA’s largest creditor, their former advertising firm Ackerman McQueen, want the case dismissed, claiming that the filing, and in particular the lack of notification to the board, was highly inappropriate.

“The process that Mr. LaPierre followed to file this bankruptcy case is a masterclass in malice and dishonest conduct in itself,” said Monica Connell, an assistant attorney general.

The process that was part of the bankruptcy began Monday to see if the case would continue.

During the two years of turmoil leading up to the trial, the NRA had become unusually quiet, closed its fire-breathing media outlet, NRATV, and separated from its former spokeswoman, Dana Loesch. It was also largely silent during the 2020 presidential election, having played a major role in Donald J. Trump’s election in 2016.

But the organization remains a powerful lobbying force that has transformed the political landscape around arms. His continued influence was evident after two mass shootings in Atlanta and Boulder, Colorado, when gun control demands clashed with strong Republican opposition and the realities of the Senate filibuster.

However, bankruptcy is a risky game for the NRA and a sign of their desperation. Mr. LaPierre and his outside attorney, William A. Brewer III, an architect of the files, could lose control of the organization. In a potential case, if the case is not immediately dismissed, Judge Harlin D. Hale could oust the current management by appointing a trustee to take over the day-to-day business of the NRA. The use of a trustee is rare in large corporate bankruptcies and typically only occurs in cases of fraud, incompetence, or gross mismanagement.

Gregory E. Garman, an attorney for the NRA, argued against such a finding in court this week, saying, “A trustee is indeed a death sentence.”

“The argument that a trustee will secure the future of the NRA is misleading our purpose and role,” said Garman.

The NRA has used the process to argue that the group reformed after making some modest mistakes by mistake. “Compliance has become a lifestyle at the National Rifle Association,” Garman said, admitting that there would be “moderately convulsive” moments in the process.

But these moments undermined the reform claims. Issues that have emerged in the process include that Mr. LaPierre’s longtime assistant Millie Hallow, even after diverting $ 40,000 from the NRA for her personal use, including paying for her son’s wedding, was still busy. (Before being hired by the NRA, Ms. Hallow pleaded guilty to a crime related to stealing money from an art agency she ran.)

The role of John Frazer, the General Counsel of the NRA, was also considered when it was revealed that he had no experience in such a role and only had two years of private practice. He has been left in the dark on important legal decisions, despite being the organization’s chief attorney, and was not given advance notice by Mr LaPierre that the NRA would file for bankruptcy. According to a former aide, Mr LaPierre once said that he would not use Mr Frazer “for my parking tickets”. In a pre-trial filing, Mr. LaPierre admitted that he may have made the comment as “sometime joking”.

Mr LaPierre himself admitted to making mistakes, including failing to report his use of the luxury yachts.

“I now believe it should have been disclosed,” he said.

His testimony is expected to continue on Thursday.

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Business

HNA Was As soon as China’s Largest Dealmaker. Now It Faces Chapter.

HONG KONG – Lenders are pushing for bankruptcy. Its chairman and co-founder has been tacitly stripped of power. Almost $ 10 billion of his money was misappropriated.

HNA Group, the giant Chinese conglomerate that has thrown tens of billions of dollars in trophy deals around the world, is nearing the biggest corporate collapse in recent Chinese history. The downsizing is an extraordinary twist for the company, which began as a regional airline in southern China’s Hainan Province and owned large stakes in Hilton Hotels, Deutsche Bank, Virgin Australia, and others. At that time, HNA employed 400,000 people worldwide.

For China’s leadership, HNA is now a cautionary story. Its story offers a glimpse of how Beijing treats its most powerful entrepreneurs. China has got its economy tighter, and regulators recently conquered another empire – that of China’s most famous billionaire, Jack Ma.

“It is a sharp reminder to China’s private sector and big soaring corporations and executives that you are never more important than the Communist Party,” said Jude Blanchette, a China scholar at the Center for Strategic and International Studies in Washington. “Narrowing down large companies isn’t exactly central planning, but it certainly sets guidelines for how companies behave to make sure they’re going in the right direction.”

The pressure on companies whose behavior could pose a risk to the Chinese financial system is mounting. Xi Jinping, China’s leader, told a meeting of senior officials from the country’s Communist Party late last month that the government must foresee and anticipate risks even if it seeks growth. He urged officials to make plans to deal with the “gray rhino” events, highlighting major and obvious problems in the economy that are being ignored until they become urgent threats. Chinese media had often referred to HNA as a gray rhinoceros before its demise.

The party has strengthened its hand in private business in recent months and urged entrepreneurs to identify “politically, intellectually and emotionally” with their goals. It has also pledged to prevent something called “disorderly capital expansion,” an indication of the type of lavish spending on borrowed money that HNA had become known for.

The party’s recent high profile targets include Chinese online shopping giant Alibaba Group. In December, the authorities launched an antitrust investigation into the company Mr. Ma co-founded. A month earlier, days before a planned IPO of Mr. Ma’s financial giant Ant Group, regulators stepped in to stop this.

HNA was once the face of modern enterprise China, leading the first wave of private Chinese companies with political backing to make large global acquisitions. His propensity to fund borrowed money to buy shares in global famous names was expensive and risky, and seemed to dare regulators in Beijing and around the world to turn it upside down.

As HNA’s creditors wait for a Chinese court to approve their bankruptcy and reorganization petition, questions about the extent of the conglomerate’s problems arise. It has $ 200 billion in debt that it can’t pay off, and those owed money have to sift through dozens, possibly hundreds, of its subsidiaries, said Michelle Luo, a bankruptcy attorney at Hui Ye law firm.

The task became even more daunting when three of HNA’s subsidiaries announced late last month that HNA shareholders and dozen of subsidiaries had embezzled nearly $ 10 billion in corporate funds to repay their own debts. The HNA Group was one of dozens of shareholders and subsidiaries listed in the alleged allegedly money embezzled. Hainan Airlines, one of HNA’s subsidiaries, said some funds were used to pay for wealth management products but did not disclose specific details.

HNA’s bankruptcy is the largest China has seen since the country first implemented its bankruptcy law in 2007, Ms. Luo said. It will also test the strength of the law – only 76 publicly traded companies have gone through bankruptcy proceedings in China.

Much of HNA’s restructuring is likely to take place behind closed doors and with strong government involvement. Officials from China’s Civil Aviation Administrator and the China Development Bank, the country’s main political bank, took over management of some of the company’s affairs last year, and two government officials joined the board of directors.

The fate of Chen Feng, chairman and co-founder of HNA, has been in doubt since he was removed from a list of members of the HNA Communist Party Committee, the company’s main decision-making body, according to an official release late last month.

While building HNA, Mr. Chen shaped his corporate culture with his own personal interests as a Buddhist and calligrapher. Mr. Chen, a former People’s Liberation Army pilot, said he was different from other entrepreneurs. “I don’t drink, smoke, do banquets, go to karaoke or get massages,” he once told the South China Morning Post. He had the company headquarters in Hainan built to look like a Buddha.

For years, doors opened for the company. It was cheaply funded by China’s state-sponsored banks. The executives had the kind of political connections that private companies in China could only dream of.

On his first state visit to the UK, China’s top leader Xi Jinping performed at an event in Manchester for HNA’s Hainan Airlines. Mr. Chen was once an advisor to Wang Qishan, China’s vice president. Another HNA manager partnered with the son of Wen Jiabao, the former prime minister of China, the New York Times reported in 2018.

HNA also had an influence abroad. One of the earliest supporters was George Soros, the billionaire. Executives mingled with Wall Street power brokers at black-tie galas and met with leaders in Washington. You have a business deal with Governor Jeb Bush. They attempted to buy Skybridge Capital, an investment firm co-founded by Anthony Scaramucci who at the time expected to create a link between the White House and the US business community. (The deal was canceled after companies realized regulators weren’t going to approve it.)

But the glory days of HNA were numbered as the authorities in China began to question the enormous debt that HNA and some of its politically affiliated counterparts such as Anbang Insurance Group, Fosun International and Dalian Wanda took up to fuel their global shopping spree.

Authorities took control of Anbang, a troubled insurance conglomerate that owned the Waldorf Astoria Hotel in New York, and sentenced its founder, Wu Xiaohui, to 18 years in prison for fraud. Wanda, the former owner of AMC Entertainment, and Fosun, which owns Club Med and luxury fashion house Lanvin, quickly sold some of their overseas acquisitions.

As HNA turned to its own growing bill, it began to lose some of its businesses. She also tried to borrow money from her own employees by offering them high-yield investment products.

The Chinese government has not commented on the decryption of the HNA. The China Securities Regulatory Commission and the Hainan Supervision Bureau of the China Securities Regulatory Commission did not respond to a faxed request for comment. HNA did not immediately respond to requests for comment.

China’s state-controlled news media has tried to portray HNA’s bankruptcy process as a measure aimed at protecting the company’s assets rather than trying to get to the heart of them.

“The focus of bankruptcy and restructuring is not on ‘destruction’ but on ‘building’,” said a comment in Shanghai Security News. “It can also be seen as ‘rebirth’.”

On Chinese social media, some customers of HNA’s airlines asked if their tickets would be refunded, while people who had invested in its investment products complained that the company would repay the banks before returning any money it received from normal Had borrowed people. Others said they weren’t surprised at the company’s ultimate fate.

“In the end, the HNA Group still failed,” wrote Chen Haijian, a finance professional in Nanjing, on his personal page on WeChat, a Chinese social media platform.

“It feels like people have been saying this phrase for over 10 years.”

Cao Li contributed to the coverage from Hong Kong.

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Business

Division retailer retailer Belk plans to file for Chapter 11 chapter

Belk department store

John Greim | LightRocket | Getty Images

The Belk department store chain announced on Tuesday afternoon that it would file for Chapter 11 bankruptcy protection. This marks the youngest retailer in malls as its sales have declined and challenges have accelerated during the Covid pandemic.

The North Carolina-based retailer announced that it will be entering into a restructuring agreement with its majority owner, private equity firm Sycamore Partners, along with the owners of more than 75% of its term loan debt and 100% holders of its term loan debt.

Belk said it plans to recapitalize the business, reduce the debt burden by around $ 450 million, and extend the maturity of all term loans through July 2025. Sycamore will retain majority control over Belk under the agreement.

The company announced it has received funding commitments for $ 225 million in new capital from Sycamore, KKR and Blackstone, as well as some of its existing first-term lenders. The retailer said it plans to keep paying its suppliers and that all normal business operations will continue during the restructuring process.

She hopes to end Chapter 11 bankruptcy by the end of February.

“We are confident that this agreement will put us on the right long-term path to significantly reduce our debt and provide us with more financial flexibility to meet our commitments and continue to invest in our business, including further improvements and additions to our omnichannel capabilities von Belk, “said Lisa Harper, CEO of Belk, in a statement.

America’s department store operators – including Belk and its nearly 300 stores mainly in the Southeast – are facing problems as consumers visit malls less often and buy fewer clothes during the pandemic.

Last year Neiman Marcus, JC Penney, Stage Stores and Lord & Taylor filed for bankruptcy. The latter, the oldest department store chain in the country, eventually liquidated and closed all of its stores. Penney narrowly escaped the same result after US mall owners Simon Property Group and Brookfield Property Partners acquired it.

Sycamore, a consumer and retail investment firm, recently bought womenswear brands Ann Taylor, Loft, Lou & Gray and Lane Bryant from bankruptcy from Ascena Retail Group.

Here is the full press release from Belk.

FIX: This story has been updated to say that Belk has announced plans to file for Chapter 11 bankruptcy. An earlier version incorrectly stated that the company had already filed.

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Business

JC Penney CEO Jill Soltau to depart retailer after rising from chapter

The signage will be displayed outside a JC Penney Co. store in Chicago, Illinois.

Christopher Dilts | Bloomberg | Getty Images

Jill Soltau, CEO of JC Penney, who wanted to flip the contested department store, will leave the company on Thursday.

The company’s new owners, Simon Property Group and Brookfield Asset Management, said Wednesday that they are looking for a new leader “focused on modern retail, the customer experience and the goal of creating a sustainable and lasting JCPenney.”

The Plano, Texas-based retailer filed for bankruptcy in May. It was bought by the two US mall owners in the fall and showed up earlier this month. It joined a growing list of retailers marginalized by the coronavirus pandemic. However, the old retailer’s problems began before the global health crisis. Sales have decreased annually since 2016. At the time of filing for bankruptcy, the sales area of ​​around 860 stores in 2001 was less than a quarter of the store base.

About two years ago, the company hired Soltau to advance its turnaround efforts after its former CEO Marvin Ellison left to run Lowe’s. Before that she was CEO of the fabric and handicraft retailer Joann Stores. She also worked for Sears, Kohl’s and Shopko stores. At the time, news of her hiring sent stocks up as investors hoped she would bring fresh ideas and fuel growth in the department store.

This year, however, the company’s efforts were scaled back as its stores were temporarily closed during the pandemic and its already tight finances were hit.

According to a press release, Simon and Brookfield have selected Simon’s chief investment officer Stanley Shashoua as interim CEO. You have started an executive search with the strategic partner Authentic Brands Group. The licensing firm owns interests in other retailers that have emerged from bankruptcy, including Brooks Brothers and Forever 21.

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Business

AMC hopes to boost $125 million in recent funding spherical because it fights chapter

People are strolling outside the newly boarded AMC 14th 34th Street movie theater as the city resumes Phase 4 reopening after restrictions were imposed in New York City on September 4, 2020 to slow the spread of the coronavirus.

Noam Galai | Getty Images

The cinema chain AMC hopes to raise $ 125 million in fresh capital by selling 50 million shares in a new round of financing to avert bankruptcy, the company said on Wednesday.

The world’s largest cinema chain raised $ 104 million earlier this month after selling around 38 million of the 200 million available shares. The company is looking to prop up its balance sheet to weather the ongoing economic downturn as the coronavirus pandemic drags into a second year and threatens the viability of the film industry.

Earlier this month, AMC received a $ 100 million investment from Mudrick Capital Management, but the financially troubled movie theater chain still needed at least $ 750 million in additional cash through 2021 to fund its cash needs.

The company has reiterated in several SEC filings that bankruptcy is possible if it cannot raise more money.

“We intend to use the net proceeds from the sale of the Class A common shares offered in this prospectus for general corporate purposes, including repayment, refinancing, redemption or repurchase of existing debt or capital, working capital, investments and other investments,” AMC said in the Wednesday filing .

While the Covid-19 crisis has ravaged cinemas since March, perhaps no chain has been hit harder than AMC. The company went into the pandemic with nearly $ 5 billion in debt, which it amassed by adding luxurious seating to its theaters and buying out rivals like Carmike and Odeon.

AMC has focused on fundraising for months. She has already renegotiated her debt to improve her balance sheet this year and is exploring various options for additional liquidity. Attempts are also being made to find ways to increase visitor numbers even if the US outbreak worsens

The company’s shares closed 5.7% on Wednesday and have plummeted 70% since January.

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Business

AMC secures $100 million funding however chapter issues nonetheless loom

Street performers in Minnie Mouse costumes walk past an AMC movie theater in New York’s Times Square at night on October 15, 2020.

Amir Hamja | Bloomberg | Getty Images

The world’s largest theater chain just got a $ 100 million shot in the arm.

On Friday, AMC announced that Mudrick Capital Management had agreed to invest the amount to help the financially troubled cinema chain survive the ongoing coronavirus pandemic.

The cinema chain will need at least $ 750 million in additional cash to fund its cash needs through 2021.

“Given the uncertainty surrounding our ability to raise significant amounts of additional liquidity, and the
Uncertainty about when visitor numbers might normalize, there are significant doubts about the company’s ability to continue as a business for a reasonable period of time, “AMC said in a filing for approval.

The company’s shares fell 1% on the Friday before trading.

The company estimated its cash and cash equivalents as of November 30th at approximately $ 320 million. Without additional liquidity, the available means of payment will be used up in January next year.

“A significant increase in coronavirus cases, as well as delays in major movie releases or the direct or simultaneous release of movie titles in the home video or streaming markets in lieu of theatrical shows have resulted in theater closings and preventing cinemas from opening in large numbers.” Markets and markets have had a significant negative impact on theater attendance and our business in the future, “said AMC.

The cinema chain directly cited Warner Bros.’s recent decision to release its entire 17 films on its streaming service HBO Max and in theaters at the same time as a major concern. It was also feared that other studios would follow suit.

AMC currently operates around 400 of its almost 600 theater locations with limited seating capacity and limited opening hours. Theaters in New York City and parts of California will remain closed.

The company reported that from October 1 to November 30, attendance at US theaters decreased 92% year over year.

AMC is in the process of renegotiating its rental payments with landlords and is seeking cuts, cuts and deferrals.

Should the company be unable to secure additional sources of liquidity, it reiterated that it may have to go into bankruptcy.