Eddie Bauer Receives Court Approval of 'First Day Motions'
19 Juni 2009 - 1:06AM
PR Newswire (US)
Court Authorizes Payment to Vendors for Post-Petition Goods and
Services, Continued Payment of Employee Wages and Benefits, and
Continuation of Customer Programs Including Honoring Gift Cards
SEATTLE, June 18 /PRNewswire-FirstCall/ -- Eddie Bauer Holdings,
Inc. (NASDAQ:EBHI) today announced that the U.S. Bankruptcy Court
has granted relief requested by the Company in its "First Day
Motions" filed with the Court. The orders issued by the Court
ensure that the Company will continue normal operations as it moves
forward with its sale process. All of Eddie Bauer's 371 stores, its
catalog operations and its websites (http://www.eddiebauer.com/ and
http://www.firstascent.com/) are open and serving customers as
usual. On June 17, 2009, as part of its voluntary filing under
Chapter 11 of the U.S. Bankruptcy Code, the Company submitted First
Day Motions designed to support its domestic and foreign vendors,
employees, independent contractors, utilities and customers. Among
other things, the Court granted interim or final approval of the
Company's requests to: -- Pay vendors under normal terms for goods
and services provided on or after the petition date of June 17,
2009; -- Pay its employees in the usual manner and to continue
without disruption their primary benefits; and -- Continue the
Company's customer programs including honoring its gift cards and
certificates, returns, its loyalty programs and its credit card
program. The Court also granted interim approval for the Company to
access the $90 million it requested of its new $100 million
Debtor-in-Possession (DIP) facility from its existing revolving
credit lenders, Bank of America, N.A., GE Capital Corporation and
CIT Group/Business Credit, Inc. The DIP facility is expected to
provide the Company with ample liquidity to meet its ongoing
obligations during the sale process. A hearing for final approval
of the full DIP facility has been scheduled for July 7, 2009. Neil
Fiske, President and Chief Executive Officer of Eddie Bauer, said,
"We are pleased that this process has gotten off to a smooth start
with the approval of these important First Day Motions. We look
forward to continuing normal business operations and serving our
customers as usual, as we continue with this process to put Eddie
Bauer in a financially stronger and better position for the
future." As announced on June 17th, the Company has entered into a
"stalking horse" agreement with an affiliate of CCMP Capital
Advisors LLC, under which CCMP Capital proposes to buy the Eddie
Bauer business, subject to an auction and Bankruptcy Court
approval, for $202 million in cash, with working capital and
similar adjustments. CCMP Capital, a global private equity firm
with significant experience in the retail and consumer sectors,
intends to operate the business as a going concern with
substantially less debt and plans to keep the majority of stores
open and retain the majority of the employees. The Company
anticipates completing the sale process in 60 days or less. The
main case number is 09-12099. The case is pending before the
Honorable Mary F. Walrath in the U.S. Bankruptcy Court for the
District of Delaware. Additional information on the sale process is
available on the Company's website at
http://investors.eddiebauer.com/. About Eddie Bauer Established in
1920 in Seattle, Eddie Bauer is a specialty retailer that sells
outerwear, apparel and accessories for the active outdoor
lifestyle. The Eddie Bauer brand is a nationally recognized brand
that stands for high quality, innovation, style and customer
service. Eddie Bauer products are available at 371 stores
throughout the United States and Canada, through catalog sales and
online at http://www.eddiebauer.com/. Eddie Bauer participates in a
joint venture in Japan and has licensing agreements across a
variety of product categories. SAFE HARBOR STATEMENTS This press
release contains forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995. In some
cases, you can identify these statements by forward-looking words
such as "may," "might," "will," "should," "expects," "plans,"
"anticipates," "believes," "estimates," "predicts," "intends,"
"potential," qualifiers such as "preliminary," and similar
expressions. Forward-looking statements are not guarantees of
future events, and the Company can provide no assurance that such
statements will be realized. The Company can provide no assurance
that events in the future will not negatively impact the Company's
available liquidity, including through debtor-in-possession
lender-imposed reserves. Forward-looking statements contained in
this press release are based on estimates and assumptions, which
assumptions and estimates may prove to be inaccurate, and involve
risks and uncertainties. Actual results may differ from those
contemplated by such forward-looking statements as a result of a
variety of factors, including a continued downturn in the national
and global economies; unwillingness of the Company's vendors to
accept orders or supply goods on acceptable terms; changes in
consumer confidence and consumer spending patterns; the Company's
inability to effectuate the proposed turnaround of Eddie Bauer as a
premium quality brand and improve profitability of its retail and
outlet stores, catalogs and website operations; disruptions in the
supply of inventory as a result of concerns about the Company's
continued operation; risks associated with legal and regulatory
matters; increased levels of merchandise returns or gift card use
not estimated by management; disruption in back-end operations; and
the other risks identified in our periodic reports filed pursuant
to the Securities Exchange Act of 1934, as amended, including the
Company's Annual Report on Form 10-K for the period ended January
3, 2009 and quarterly report on Form 10-Q for the period ended
April 4, 2009. The information contained in this release is as of
June 18, 2009, and except as required by law, the Company
undertakes no obligation to update any of these forward-looking
statements. Eddie Bauer Contacts: Media: Kekst and Company Wendi
Kopsick or Diana Postemsky (212) 521-4867/4805 Investors: Eddie
Bauer Holdings, Inc. Marv Toland, Chief Financial Officer (425)
755-6310 DATASOURCE: Eddie Bauer Holdings, Inc. CONTACT: for Media:
Wendi Kopsick, +1-212-521-4867 or Diana Postemsky, +1-212-521-4805,
both of Kekst and Company for Eddie Bauer Holdings, Inc.; or for
Investors: Marv Toland, Chief Financial Officer of Eddie Bauer
Holdings, Inc., +1-425-755-6310 Web Site:
http://www.eddiebauer.com/
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