Dan River Inc. Files Voluntary Chapter 11 Petition to Facilitate Debt Restructuring; Receives Commitment for up to $145 Million in Debtor in Possession Financing.Business Editors DANVILLE, Va.--(BUSINESS WIRE)--March 31, 2004 Dan River Inc. (OTC OTC See: Over-the-counter. OTC See over-the-counter market (OTC). :DVER DVER Digital Video Event Recorder ) announced today that it has filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code Bankruptcy Code may refer to:
tr.v. ful·filled, ful·fill·ing, ful·fills also ful·fils 1. To bring into actuality; effect: fulfilled their promises. 2. its obligations to its employees or customers. Joseph L. Lanier, Jr., Chairman and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Dan River emphasized that the filing was primarily necessitated by the Company's over-leveraged balance sheet. "This restructuring, once fully implemented, should provide Dan River with a much improved balance sheet and a capital structure that is more appropriate for the current economic and market conditions," Lanier said. "The strength of our operations and our ability to generate positive cash flow distinguish Dan River from other companies in our industry that have gone through this process and failed," said Lanier. "In the last several months we have taken steps to reduce our costs by streamlining our operations. We have closed manufacturing facilities, reduced our workforce, and eliminated excess inventory. We believe that the financial restructuring will allow us to emerge from Chapter 11 with a much-improved balance sheet and a healthy business that is positioned to achieve long-term success," Lanier said. "We believe that, under the circumstances, filing for Chapter 11 was the best course of action for Dan River. This action enables us to continue operating our business without interruption INTERRUPTION. The effect of some act or circumstance which stops the course of a prescription or act of limitation's. 2. Interruption of the use of a thing is natural or civil. while implementing a debt restructuring Debt Restructuring A method used by companies with outstanding debt obligations to alter the terms of the debt agreements in order to achieve some advantage. Notes: in a Court-supervised and controlled environment," Lanier said. "We do not anticipate that our customers and suppliers will experience a change in the way we do business with them," said Lanier. "We have taken steps to make sure that vendors get paid in full in the ordinary course of business for all goods and services In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax. provided after the filing date, and that our customers continue to receive the same high quality goods and services to which they are accustomed. Our new DIP financing, combined with the Company's cash from operations, is expected to provide sufficient funding for operations during the Chapter 11 process." Ongoing employee compensation and benefit programs are being presented to the Court for approval as part of the Company's "first day" motions. The Company anticipates that the Court will approve these requests, thereby ensuring that employees will be paid and that qualified employee benefits programs will remain intact. Lanier also emphasized that the Company's relatively simple capital structure should expedite ex·pe·dite tr.v. ex·pe·dit·ed, ex·pe·dit·ing, ex·pe·dites 1. To speed up the progress of; accelerate. 2. the restructuring process and said that the Company was hopeful it would be able to emerge from Chapter 11 by the end of the year. Lanier concluded, "I would like to thank our customers, vendors and business partners for their continued support during this process. We also appreciate the ongoing loyalty and support of our employees. Their dedication and hard work are critical to our success and to the future of the Company. Our management team is committed to making this financial restructuring successful and leading Dan River towards a bright future." The Company's Chapter 11 petitions were filed in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Bankruptcy Court for the Northern District of Georgia, Newnan Division. Details regarding the filing can be found at www.danriver.com and at www.bmccorp.net/danriver. The Company also announced that its Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. is expected to be filed on or about April 19, 2004 and that its Annual Meeting of Shareholders, originally scheduled for April 30, 2004, has been postponed until a date to be determined by the Board of Directors. Dan River Inc. is a leading manufacturer and marketer of textile products for the home fashions, apparel fabrics and industrial textiles markets. The company designs, manufactures and markets a coordinated line of value-added home fashions products consisting of bedroom furnishings furnishings the extra type or quantity of hair on the head, tail, ears or legs, specified for a particular breed. For example, the feathers in setters, the beard in Bearded collies, the eyebrows in Schnauzers. such as comforters, sheets, pillowcases, shams, bed skirts, decorative pillows, and draperies for the adult, juvenile, and institutional markets. Dan River also manufactures and markets a broad range of high quality woven cotton and cotton blend fabrics for apparel. Additionally, Dan River manufactures and markets specialty engineered textile products used in making high-pressure hoses and other industrial products. FORWARD-LOOKING STATEMENTS forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. : This news release contains forward-looking statements under applicable securities laws. The Company believes its forward-looking statements are reasonable; however, undue reliance should not be placed on such statements, which are based on current expectations. Such forward-looking statements are subject to risks and uncertainties which may cause actual results to differ. There can be no assurance that the Company's restructuring will be successful. The Company's results of operations could be materially and adversely affected by numerous market and industry factors outside of its control; in particular, further weakening weak·en tr. & intr.v. weak·ened, weak·en·ing, weak·ens To make or become weak or weaker. weak en·er n. of demand for the Company's products could have an adverse effect on its operating results. Additional factors related to its restructuring efforts that could cause actual results to differ from these forward-looking statements include, but are not limited to, the following: the Company's ability to obtain court approval for its DIP facility; restrictions which might be imposed by the court in relation to the Company's first day papers or other motions filed with the bankruptcy court; the ability of the Company to meet requirements imposed by the lenders under the Company's DIP facility; risks associated with third parties seeking and obtaining court approval to terminate or shorten 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 and licenses that are critical to its operations; potential adverse developments with respect to the Company's liquidity or results of operations; the ability of the Company to attract and retain customers; and the ability of the Company to attract, retain and compensate key executives. Additional risks associated with the Company's business are detailed in its annual report on Form 10-K filed with the SEC on February 21, 2003.
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