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AMC to Issue Dividend in Form of ‘Ape’ Preferred Shares

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AMC Entertainment Holdings Inc. said Thursday that it plans to issue a dividend to all common shareholders in the form of preferred shares, after it had difficulty issuing more common shares, WSJ Pro Bankruptcy reported. The cinema chain, which skirted bankruptcy during the pandemic and became a darling of meme-stock investors, is paying the dividend in the form of preferred equity units, which it has applied to list on the New York Stock Exchange under the symbol “APE.” The name is a nod to the crowd of individual investors, known as apes, who helped rescue the chain from the brink of bankruptcy. One Ape unit will be granted for each existing common share, meaning that close to 517 million new Ape units will be created, the company said. Each Ape unit will constitute one hundredth of a preferred share. AMC raised billions of dollars during the pandemic by selling new common shares, though last year it ran out of more to sell. The company tried to obtain shareholder approval to enable it to issue more common shares, but had difficulty corralling its investor base to support the initiative, in part due to some investors’ fears of dilution. The company’s new move to instead offer preferred equity units is a workaround to that constraint, and frees up a substantial number of units that it could sell as it continues to face challenges due to the continuing COVID-19 pandemic. After offering the 517 million Ape units as a dividend to shareholders, AMC will still have close to 4.5 billion remaining units that could be sold, according to securities filings.

MLB Struggling to Get Attendance Back to Pre-Pandemic Levels

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Major League Baseball (MLB) is struggling to fill the stands at pre-COVID levels as the sport heads into the last 2 1/2 months of its first season since 2019 without capacity restrictions, the Associated Press reported. MLB reached the All-Star break with an average attendance of 26,409. That represents a drop of 5.4% from the All-Star break of 2019 — which was 10 days earlier than this year. League officials remain encouraged and point to the recovery. Attendance is up over 70% from the season-ending average in 2021, when only Texas started at full capacity and all 30 teams weren’t at 100% until July 2. MLB played its abbreviated 2020 regular season without spectators. While MLB’s average attendance had fallen each year since 2015, most of the drops were by less than 2%. Average attendance was over 30,000 for 14 straight seasons from 2004-17 but hasn’t reached that mark since. Bob Heaning, of Cranford, N.J., said that he used to attend about a dozen New York Yankees games per year. He’s attended just three this season, has tickets for two more games and doesn’t plan to attend any others. Heaning said he stopped going as often because he bought a house last year and is staying at home more often, but he also believes the high price of attending games may be keeping fans away. That could prove particularly true this year as inflation causes more people to spend more carefully. MLB relies more than other professional sports leagues on out-of-town fans, which makes it particularly vulnerable to issues that could curtail tourism.

Media Mogul Byron Allen Buys Black News Channel Out of Bankruptcy

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Media mogul and network executive Byron Allen is acquiring Black News Channel LLC out of bankruptcy for $11 million as he seeks to revive a cable news network that provided Black Americans’ perspectives on current events before shutting down earlier this year, <em>WSJ Pro</em> reported. Allen Media Group beat out other potential purchasers, including the owner of Ebony magazine, who had expressed interest in acquiring BNC out of chapter 11. Bankruptcy Judge Karen Specie approved the sale of BNC this week, according to court papers. The acquisition bolsters AMG’s portfolio of media assets, which includes the Weather Channel, HBCU GO, theGrio streaming app and more than two dozen ABC, NBC, CBS and Fox network affiliate television stations. Mr. Allen said his BNC acquisition gives cable operators, satellite companies and digital media platforms an option for diversifying ownership and viewpoints for programming they offer “by having a 100 percent African-American owned network.” BNC launched two years ago and featured a lineup of high-profile contributors that included Charles Blow and Marc Lamont Hill. It shut down in March, then filed for bankruptcy, citing challenging market conditions and financial pressure.

Actors, Politicians Fighting to Save Iconic NYC Theater Facing Bankruptcy Auction

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To hear Lorcan Otway tell it, he’s in a fight for his life. If he finds someone willing to refinance his debt, Theatre 80 — the iconic East Village venue where Otway has lived and worked since he was 9 years old — will be saved, New York Post reported. If he doesn’t, the off-Broadway theater where “You’re a Good Man Charlie Brown” was born and countless stars have thrived will likely be sold at bankruptcy auction to the highest bidder. Otway is facing nearly $10.5 million in debts after COVID shutdowns left him unable to pay a loan. “[The creditors] are literally trying to take away everything I have ever done and everything I ever will be,” said Otway of the theater, pub and museum that are his life’s work as well as his home. (He and his wife Genie live in an adjacent townhouse that is also part of the bankruptcy.) On July 21, a judge will decide whether to convert Otway’s chapter 11, filed in December 2020, into chapter 7 — which will most likely end in an auction. Neither the court-appointed trustee nor her attorney returned calls seeking comment. As Otway scrambles to find financial help, politicians and celebrities are rallying to his cause. Among them is Malachy McCourt, the Irish actor and bestselling author of A Monk Swimming, who is a longtime friend of the Otway family. Last month, the 90-year-old became the latest star to add his handprint and signature to the Walk of Fame outside Theatre 80. After filing for pandemic-induced bankruptcy in 2020, and with a $6.1 million loan in default, Otway’s debt on the adjoined buildings was sold to Maverick Real Estate Partners and the interest rate soared. His dad, Howard, used a $64,000 loan from a Lower East Side mobster to buy the two adjoined buildings at 78 and 80 St. Marks Place in 1964. Lorcan Otway’s father bought the building, and the townhouse attached to it, in 1964 and his family has been there since.

Hertz Makes Settlement Offers to End False Arrest Lawsuits

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Hertz Corp. has offered to settle about three dozen cases filed by renters that say they were wrongly arrested for auto theft, the company said, Bloomberg News reported. The settlement push comes after Colleen Batcheler took over as general counsel for the rental company. During her first month on the job, Batcheler made it her top priority to end suits from more than 230 customers accusing Hertz of improperly calling in police on its renters, mostly while haggling about overdue rentals. “We’ve tried to take a step back and say ‘How can we make progress in a way that is fair to our customers and is based on individual facts and circumstances,’” Batcheler said in an interview. Hertz lost a key court battle earlier this month when a federal judge allowed more than 70 customers to sue for false arrests. Until then, Hertz had successfully forced nearly all of the lawsuits to remain under the supervision of a bankruptcy judge in Wilmington, Delaware. Batcheler declined to say how much money the company was offering to the alleged victims and their families.

U.S. Aims to Ramp Up International Tourism Hit Hard by COVID

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The U.S. Commerce Department yesterday unveiled a new strategy aimed at boosting international tourism hit hard by COVID-19 and government travel restrictions by streamlining the entry process and promoting more diverse destinations, Reuters reported. The "National Travel and Tourism Strategy" sets a goal of 90 million international visitors by 2027 who will spend an estimated $279 billion annually, topping pre-pandemic levels, the department told Reuters. "There are a lot of industries that are well past COVID — travel and tourism is not," U.S. Commerce Secretary Gina Raimondo said. The federal government must do more to support the resurgence of travel and tourism to ensure the industry rebuilds to be "more resilient, sustainable and equitable," according to the draft strategy document seen by Reuters. In 2019, the United States had 79.4 million international visitors, a figure that plummeted to 19.2 million in 2020 as the pandemic hit and rose to just 22.1 million in 2021. International visitors spent $239.4 billion in 2019, but just $81 billion in 2019, the Commerce Department said. Before COVID, tourism supported 9.5 million U.S. jobs and generated $1.9 trillion in economic output.

Williamsburg Hotel’s Developers Lose Control to Chapter 11 Trustee

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A bankruptcy judge installed a chapter 11 trustee to oversee the bankrupt Williamsburg Hotel, wresting control from its owner-developers after finding they had used the Brooklyn property’s funds on other unrelated investments, WSJ Pro Bankruptcy reported. Judge Robert Drain of the U.S. Bankruptcy Court in White Plains, N.Y., ruled after a three-day trial that developers Toby Moskovits and Michael Lichtenstein can’t be trusted to continue running the hotel operation and that an independent trustee should be installed to protect the business and its creditors. Mortgage lender Benefit Street Partners LLC had requested the appointment of a trustee in the bankruptcy case of the 147-room hotel, following reports by a court-appointed examiner that Ms. Moskovits and Mr. Lichtenstein siphoned off cash from the business, which they deny. The judge’s ruling snarls the developers’ efforts to end the hotel’s bankruptcy by restructuring its mortgage debt and pumping in $11 million in capital to retain their ownership interests. Benefit Street has argued for a sale of the hotel based in part on allegations that Ms. Moskovits and Mr. Lichtenstein had diverted revenue from the hotel to a related management company and other affiliated entities they controlled.