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Steak ’N Shake Blasts Top Lender; Vegan Chain Taps Stalking Horse; Biden Amends Covid Loan Program
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Good day. Just after paying off lender Fortress Investment Group to avoid bankruptcy, Steak 'n Shake sued the investment firm, saying it exploited confidential information to buy into the company's capital structure. The owner of By Chloe tapped a stalking horse, but a conflict with the vegan chain's co-founder still looms. And President Biden made changes to the Paycheck Protection Program designed to help needy businesses.
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KRIS TRIPPLAAR/SIPA USA/REUTERS
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Steak ’N Shake Avoids Bankruptcy, Then Sues Top Lender Fortress
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Steak ’n Shake Inc. sued lender Fortress Investment Group LLC after the burger chain paid off debt coming due to avoid bankruptcy, accusing Fortress of misusing private information for a takeover bid. Read More.
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Vegan Restaurant Chain By Chloe Taps Bankruptcy Lenders to Take Control
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The owner of vegan restaurant chain By Chloe has named its bankruptcy lenders as the lead bidders to acquire its assets out of chapter 11, with hopes to get the proposed sale approved by next week. Read More.
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Paycheck Protection Program to Offer Exclusive Covid-19 Loan-Application Window for Smallest Firms
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President Biden on Monday announced changes to the federal government’s signature coronavirus-relief program for small businesses, in a bid to improve access for very small companies and those owned by minorities or located in underserved communities. Read More.
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Small Businesses Struggle to Assess Whether They Are Eligible for Covid Relief Loans
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Some small businesses are struggling to determine whether they are eligible for loans from the recently reopened Paycheck Protection Program, especially those that are affiliated with other companies. Read More.
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Bankrupt RentPath Recovers Breakup Fee Over Failed CoStar Tie-Up
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Apartment search site operator RentPath Holdings Inc. will recover a $52 million fee stemming from its failed tie-up with real estate data firm CoStar Group, according to settlement papers filed in the U.S. Bankruptcy Court in Wilmington, Del. The agreement resolves a dispute between the companies over a $58.7 million breakup fee, of which CoStar will recover the remaining $6.7 million, court papers said.
Federal antitrust regulators blocked CoStar's acquisition of RentPath in December. The settlement was disclosed as real-estate brokerage Redfin Corp. announced a deal to acquire RentPath out of chapter 11 bankruptcy. — Jonathan Randles
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Simon Ends Objection to Confirmation of Ascena Bankruptcy Plan
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Simon Property Group had dropped its bid to block the approval of Ascena Retail Group Inc.'s chapter 11 reorganization over a lease dispute with private-equity firm Sycamore Partners LP. On Friday, the mall operator withdrew its objection to Ascena's proposed plan confirmation after the defunct company indicated it will assume and assign some leases with Simon, court papers showed.
Simon had objected because it was wary of leasing retail properties to a Sycamore affiliate, which bought the retail brands Ann Taylor, Lane Bryant, Loft, and Lou & Grey out of bankruptcy. Simon said that the affiliate would be a riskier, less creditworthy tenant and questioned its ability to satisfy its contractual commitments once Ascena's plan becomes effective. Ascena, which filed for bankruptcy in July, has a hearing set for Thursday to consider confirmation of its plan. — Aisha Al-Muslim
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Country Fresh Wants to Sell Assets Out of Bankruptcy by April
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Country Fresh Holding Co., a supplier of fresh-cut fruits and vegetables and ready-to-go meals, plans to get approval to sell the bankrupt company's assets out of bankruptcy by the end of next month. The proposed bid deadline for the assets is March 19, with a potential auction scheduled for March 22, followed by a court hearing on March 26 to consider selling all or most of the assets in the U.S. and Canada, court records show.
Country Fresh, part of the Fresh Food Group, named private-equity firm Stellex Capital Management LLC as the lead bidder in exchange for $30 million in cash and $25 million in secured debt. Country Fresh filed for chapter 11 protection last week after facing a cash crunch due to economic pressures largely stemming from the coronavirus pandemic. — Aisha Al-Muslim
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New York City Movie Theaters Can Reopen at Limited Capacity
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New York City movie theaters can reopen at limited capacity on March 5, Gov. Andrew Cuomo said, after being closed for nearly a year because of the Covid-19 pandemic. Read More.
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Apparel Retailer Express Registers 25 Million Share Offering
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Fast-fashion retailer Express Inc. filed a shelf registration to sell 25 million common shares at the prevailing market price, according to a regulatory filing by the company. Shares retreated following a surge to over $9 during January's Reddit-fueled trading frenzy, which came after Express signed a $140 million loan agreement to stay afloat through the pandemic. — Soma Biswas
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Roberto Castello Branco, the current Petrobras CEO, had won the market’s trust after overseeing an ambitious plan to cut the company’s debt load.
SERGIO MORAES/REUTERS
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Petrobras Shares Drop in Wake of Bolsonaro’s Plan to Name CEO
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Oil giant Petrobras lost almost a fifth of its market value Monday after Brazil’s President Jair Bolsonaro named an army general to take over the company in an apparent bid to control fuel prices, sparking a crisis of confidence as investors soured on his administration’s commitment to free-market policies. Read More.
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$89 Million
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Steak 'n Shake debt acquired by Fortress Investment Group and paid off in full on Friday, before litigation erupted between the two
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Auto parts maker Garrett Motion Inc is headed to mediation with equity holders who are angling for a larger share of the company through its reorganization in bankruptcy court. (Reuters)
The Justice Department’s bankruptcy watchdog urged keeping the National Rifle Association’s unsecured creditors committee intact, pushing back on an attempt by the gun advocacy group’s donor marketing firm to overhaul it. (Bloomberg)
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