Wherehouse looks for path out of bankruptcy.Eight months after filing for Chapter 11 bankruptcy protection and shutting most of its 370 stores, Wherehouse Entertainment Inc. is pursuing two different tracks in hopes of emerging from its second bankruptcy in eight years. The Torrance-based music retailer has put itself up for sale through an auction that was scheduled to occur late last week (Sept. 12). It is also looking to win creditor approval for the plan of reorganization it belatedly submitted to the U.S. Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. in Delaware late last month. Wherehouse faces challenges on both fronts. As part of the auction, the retailer is scouring scouring characterized by scour. scouring disease a colloquial name for secondary nutritional copper deficiency. for a buyer that would serve as the "stalking horse Stalking horse In bankruptcy proceedings, this refers to the company that first bids for the companies assets. "--the necessary opening bidder. But as of the middle of last week, it hadn't yet found one, according to Wherehouse's bankruptcy attorney, Susan Uhland. With several firms, including Wherehouse and Music Network, having declared bankruptcy within the last few months, there is little appetite for acquiring record stores. In one recent deal, electronics retailer Best Buy Co. sold its Musicland chain to Boca Raton, Fla. investment firm Sun Capital Partnet's Inc., for the assumption of its debt. And for the past four months, L.A.-based investment bank Greif & Co. has been shopping rival Tower Records chain for its parent, MTS (1) See Microsoft Transaction Server. (2) (Modular TV System) The stereo channel added to the NTSC standard, which includes the SAP audio channel for special use. 1. MTS - Message Transport System. 2. Inc. Meanwhile, the reorganization plan A scheme authorized by federal law and promulgated by the president whereby he or she alters the structure of federal agencies to promote government efficiency and economy through a transfer, consolidation, coordination, authorization, or abolition of functions. is contingent on Wherehouse securing favorable financing terms from vendors in order to continue operations and build inventories for the upcoming holiday season. It has said in court filings it will need vendors to grant credit terms Credit Terms The conditions under which credit will be extended to a customer. The components of credit terms are: cash discount, credit period, net period. allowing it to repay them within 75 days versus the standard 60-day period. The company is still trying to line up lenders to provide a package that would help repay debtor-in-possession financing Debtor-in-possession financing New debt obtained by a firm during the Chapter 11 bankruptcy process, Federal Bankruptcy Rule 4001 (c)(1). This financing is unique because it is secured, that is, it has priority over existing debt, equity and other claims. from Wachovia Corp.'s Congress Financial division, said Uhland. In its filing, Wherehouse said it would issue $33.8 million in convertible notes to a group of secured creditors who are owed $45 million, including the music divisions of AOL (A division of Time Warner, Inc., New York, NY, www.aol.com) The world's largest online information service with access to the Internet, e-mail, chat rooms and a variety of databases and services. Time Warner Inc., Sony Corp. and Vivendi Universal SA Another $1.2 million in convertible notes would be issued to "qualified" unsecured creditors, who are owed $102 million by the company. Those creditors would receive 11 cents on the dollar. If Wherehouse were to succeed in a postbankruptcy turnaround, the notes would be convertible into a 95 percent equity stake in the company, according to the filing. The company, which filed for Chapter 11 reorganization in January, originally had been scheduled to present its reorganization plan on June 30, but ended up filing two months later after winning an extension from the court. Under the current timeframe, creditors have until November to approve the plan. |
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