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iHeartMedia Wins Court Fight with Dissident Noteholders

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iHeartMedia Inc. won its fight against a group of senior lenders who were threatening to tip the media giant into bankruptcy unless the company rolled back a $500 million asset shift, Bloomberg News reported yesterday. A judge in San Antonio, Texas, ruled yesterday that iHeart was within its rights to transfer shares of its outdoor advertising unit beyond the creditors’ reach. The judge agreed with iHeart’s claim the move was designed to boost profitability by letting it buy back a chunk of its debt at a discount. “IHeart is not in default” and didn’t violate the terms of its loan covenants, Texas State Judge Cathleen Stryker said in the four-page ruling. She issued an order permanently blocking the dissident lenders, or anyone acting with or for them, from “issuing or threatening to issue” default notices or accelerating iHeart’s debt because of the stock reallocation. More than a dozen creditors, including multiple hedge funds, were poised to issue notices of default on at least 25 percent of the outstanding principal of four priority guarantee notes at the company, formerly known as Clear Channel Communications.

Aeropostale Shareholder Eyes Claims Against Lender Sycamore

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Aeropostale Inc. shareholder Aria Partners GP says claims against lender Sycamore Partners could be the best shot backers of the retailer have to make good their losses, the Wall Street Journal reported today. Sycamore and Aeropostale have been trading accusations over who is to blame for Aeropostale’s bankruptcy, a dispute that has dominated the chapter 11 case that began May 4. Swamped with hundreds of millions of dollars in debt, Aeropostale has said that it would trim down and survive chapter 11 bankruptcy, despite the market forces arrayed against it. Mall traffic is down, competition from faster fast-fashion rivals like H&M is up, and Aeropostale is struggling to pay store lease costs that run about $200 million annually. If a turnaround is out of the question, Aeropostale hopes to find a buyer for the apparel chain that, as of the end of January, numbered 811 stores. More than 150 of those outlets are slated for closure and more may follow.

Peabody Moves to End Debt Dispute in Favor of Unsecured Creditors

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Bankrupt coal producer Peabody Energy Corp. believes that its long-term debt should be included in its current liabilities, a position that favors unsecured creditors to the tune of $1 billion, Reuters reported on Friday. A fight over how to treat long-term debt in calculating the mining company's assets has been looming since Peabody filed for chapter 11 protection in April with $10 billion of debt. The issue will have a major impact on how much each group will recover from the bankruptcy. Peabody initiated a lawsuit against secured creditor Citibank and Wilmington Savings Fund Society, a trustee for other secured creditors, on Friday in U.S. Bankruptcy Court in St. Louis. The company asked the court to rule that long-term debt should be considered part of current liabilities. The company said that it had taken action because its agreement for debtor-in-possession financing ties its submission of a confirmable plan to emerge from chapter 11 to obtaining a resolution of the long-term debt issue no later than Oct. 10.

SunEdison Junior Creditors to Conduct Bankruptcy Probe

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Troubled solar power developer SunEdison Inc. has agreed to allow its unsecured creditors to take on the role of bankruptcy investigators, probing for grounds for potential lawsuits against directors, officers and others involved in its troubles, Dow Jones Newswires reported yesterday. The agreement was reached in talks about SunEdison's finance package, which was under attack from junior creditors wary of allowing the company to go even deeper in debt. SunEdison was carrying $16 billion in debt when it filed for chapter 11 protection in April and under investigation by the Securities and Exchange Commission and the Justice Department.

Another U.S. Oil Driller Bites the Dust

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Halcon Resources Corp. is filing for chapter 11 protection as part of a restructuring agreement with creditors — a move that could wipe out $1.8 billion of its debt and $222 million of preferred stock equity, Business Insider reported yesterday. The agreement would also reduce Halcon’s ongoing annual interest burden by more than $200 million. The shareholders affected by the restructuring include those holding third-lien notes due 2022, senior notes due 2020, senior notes due 2021, senior notes due 2022, convertible notes due 2020, and perpetual convertible preferred stock. The affected stakeholders would then receive shares of common stock, warrants, and/or cash. Halcon hopes that the restructuring agreement will be finalized soon, which will be executed as part of an “accelerated prepackaged chapter 11 bankruptcy filing.” Halcon is expected to operate as usual during the restructuring process, and pay all suppliers and vendors in full for goods and services provided.
 
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Intervention Energy Holdings Files for Bankruptcy Protection

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North Dakota-based shale company Intervention Energy Holdings LLC filed for bankruptcy protection Friday in the midst of a brewing battle with lender EIG Global Energy Partners, The Wall Street Journal reported Friday. The company’s chief executive and founder said that although EIG was a “cooperative partner” for the majority of its time as Intervention Energy’s lender, its “position clearly changed once they decided to build up their competing platform.” Intervention, which mainly drills in North Dakota and has a small footprint in Montana, got $200 million in senior secured notes from EIG in 2012, which it used to finance well-development costs. Intervention owes EIG about $140 million. EIG and Intervention’s relationship began to unravel shortly after the fall of 2015, when Intervention says it defaulted on its debt with EIG. EIG and Intervention struck a forbearance agreement and entered negotiations following the default, but the relationship stayed strained. The company was also said to be in the forbearance agreement with EIG since June 2015, during which it was looking for an equity infusion after breaching certain guidelines on its loan. Judge Kevin Carey of the U.S. Bankruptcy Court in Wilmington, Del. will be overseeing the case. The company will seek permission to tap its lenders’ cash and pay wages at a hearing next week.

SunEdison Scrambles to Secure Creditor Deal on Bankruptcy Loan

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SunEdison Inc. is trying again to hammer out a deal with creditors for a loan the renewable energy giant says it needs to avoid an immediate “fire sale” liquidation, Bloomberg reported yesterday. A hearing Thursday before U.S. Bankruptcy Judge Stuart Bernstein was halted after a hallway negotiation failed to completely resolve objections from creditors who said the company will probably liquidate even if it does get the $1.34 billion financing package. SunEdison will go before Judge Bernstein again today in an effort to avoid a frantic sell-off of its assets. With the so-called debtor-in-possession, or DIP, financing in place, a reorganization is possible, while a wind-down would be more orderly and bring better returns for creditors, the company has said in court filings. Creditors disputed how much new money the loan would actually bring the company, as opposed to just repackaging existing debt. They also bridled at the amount of control that SunEdison was ceding to the DIP lenders, saying it would give them exclusive rights to decide whether to liquidate the wind and solar energy developer as early as next week. The case is In re SunEdison Inc., 16-10992, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

Caesars Offers $4 Billion to Help Casino Unit Exit Bankruptcy

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Caesars Entertainment Corp. has offered $4 billion in a new plan to help its casino operating unit emerge from chapter 11, a lawyer for the unit told a bankruptcy judge yesterday, Reuters reported. Under the new plan, creditors will receive a bigger payout than under an initial framework restructuring agreement, which included a contribution from the Caesars Entertainment parent worth $1.5 billion. The initial agreement was widely opposed by creditors of the bankrupt unit, who are owed a collective $18.4 billion. They alleged that the parent, Caesars Entertainment, stripped away many of the best casinos and resorts and put them beyond the reach of the operating unit's creditors, something the parent has denied. "In terms of recoveries to creditors, they are substantially improved down the line" under the new plan, lawyer David Seligman said yesterday in bankruptcy court on behalf of the Caesars unit. Under Wednesday's proposal, once Caesars Entertainment completes its previously announced merger with its affiliate, Caesars Acquisition Co., the combined company will issue $1 billion of convertible notes to the operating unit's creditors. Creditors will also receive up to 47.5 percent of the common stock in the post-merger Caesars Entertainment and cash, valuing the entire contribution from the parent at $4 billion.