Jason Industries Reaches Agreement to Strengthen Its Balance Sheet
06 Juni 2020 - 1:17AM
Business Wire
Jason Industries, Inc. (OTCQX: JASN) (“Jason” or the “Company”)
today announced that it has entered into a restructuring support
agreement (the “Agreement”) with certain of its senior secured
lenders. The Agreement outlines a comprehensive restructuring plan
that will ultimately deleverage the Company’s balance sheet by $250
million and anticipates that the Company’s vendors, suppliers, and
customers will remain unaffected by the transaction. Upon
implementation of certain of the transactions contemplated by the
Agreement, the Company will have the financial foundation necessary
to continue to operate in the ordinary course of business, provide
its customers innovative seating solutions and industry-leading
surface polishing and finishing products, and realize the full
benefit of its cost-savings initiatives and strategic
investments.
To facilitate these important changes to the Company’s capital
structure, the Company and its U.S. subsidiaries will be pursuing
protection under Chapter 11 of the U.S. Bankruptcy Code. We do not
anticipate that the Company’s operations outside of the U.S.,
including Europe and Mexico, will be affected by this process,
although they will benefit long-term from the actions Jason is
taking to recapitalize and strengthen its financial position. The
Company is anticipated to emerge as a private enterprise, and
equity holders are not anticipated to receive a recovery.
The plan is supported by a majority of Jason’s first lien
lenders, who have agreed to provide the Company with the consensual
use of cash collateral to enable Jason to operate its business in
the ordinary course and to position Jason for future success.
Importantly, the plan will provide for no impairment of general
unsecured trade creditors. “We have worked hard over the past three
years to simplify our business, improve operational performance,
enhance customer relationships and transform our portfolio.
Unfortunately, we were not able to realize the full benefits of
these actions, the newly secured platforms and cost-reduction
initiatives prior to the impact of the COVID-19 global pandemic
which weakened demand, disrupted our supply chain and forced us to
temporarily close many of our plants,” said Brian Kobylinski, Chief
Executive Officer.
“We remain confident in the underlying strength and direction of
our two businesses and are taking this step to directly address our
balance sheet so that we are positioned to better serve our
customers and realize Jason’s full potential,” Mr. Kobylinski
continued. “We thank our lenders, employees, customers and
suppliers for their support and look forward to being an even
stronger partner moving forward.”
The Agreement can be found on the Company’s investor relations
website at investors.jasoninc.com. In connection with its
discussions with certain of its creditors with respect to
deleveraging or restructuring transactions, the Company entered
into certain confidentiality agreements that require the Company to
publicly disclose certain confidential information provided to such
counterparties (the “Cleansing Materials”) upon the occurrence of
certain events. The Cleansing Materials can also be found on the
Company’s investor relations website at investors.jasoninc.com.
Moelis & Company LLC, is acting as financial advisor,
Kirkland & Ellis LLP is acting as legal counsel, and
AlixPartners, LLP is acting as restructuring advisor to the Company
in connection with the Restructuring. Houlihan Lokey Capital, Inc.
is acting as financial and restructuring advisor and Weil, Gotshal
& Manges LLP is acting as legal counsel to the Consenting
Creditors.
Forward Looking Statements
This press release contains “forward-looking statements” related
to future events. Forward-looking statements contain words such as
“expect,” “anticipate,” “could,” “should,” “intend,” “plan,”
“believe,” “seek,” “see,” “may,” “will,” “would,” or “target.”
Forward-looking statements are based on management’s current
expectations, beliefs, assumptions and estimates and may include,
for example, statements regarding our pursuing protection under
Chapter 11 of the Bankruptcy Code (the “Chapter 11 Cases”), the
Company’s ability to complete the restructuring and its ability to
continue operating in the ordinary course while the Chapter 11
Cases are pending. These statements are subject to significant
risks, uncertainties, and assumptions that are difficult to predict
and could cause actual results to differ materially and adversely
from those expressed or implied in the forward-looking statements,
including risks and uncertainties regarding the Company’s ability
to successfully complete a restructuring under Chapter 11,
including: consummation of the restructuring; potential adverse
effects of the Chapter 11 Cases on the Company’s liquidity and
results of operations; the Company’s ability to obtain timely
approval by the bankruptcy court with respect to the motions filed
in the Chapter 11 Cases; objections to the Company’s
recapitalization process or other pleadings filed that could
protract the Chapter 11 Cases; employee attrition and the Company’s
ability to retain senior management and other key personnel due to
the distractions and uncertainties; the Company’s ability to comply
with financing arrangements; the Company’s ability to maintain
relationships with suppliers, customers, employees and other third
parties and regulatory authorities as a result of the Chapter 11
Cases; the effects of the Chapter 11 Cases on the Company and on
the interests of various constituents, including holders of the
Company’s common stock; the bankruptcy court’s rulings in the
Chapter 11 Cases, including the approvals of the terms and
conditions of the restructuring and the outcome of the Chapter 11
Cases generally; the length of time that the Company will operate
under Chapter 11 protection and the continued availability of
operating capital during the pendency of the Chapter 11 Cases;
risks associated with third party motions in the Chapter 11 Cases,
which may interfere with the Company’s ability to consummate the
restructuring or an alternative restructuring transaction;
increased administrative and legal costs related to the Chapter 11
process; potential delays in the Chapter 11 process due to the
effects of the COVID-19 virus; and other litigation and inherent
risks involved in a bankruptcy process. Forward-looking statements
are also subject to the risk factors and cautionary language
described from time to time in the reports the Company files with
the U.S. Securities and Exchange Commission, including those in the
Company’s most recent Annual Report on Form 10-K and any updates
thereto in the Company’s Quarterly Reports on Form 10-Q and Current
Reports on Form 8-K. These risks and uncertainties may cause actual
future results to be materially different than those expressed in
such forward-looking statements. The Company has no obligation to
update or revise these forward-looking statements and does not
undertake to do so.
The Cleansing Materials contain discussion materials related to
the impact of the COVID-19 pandemic and general economic conditions
on the Company’s financial condition and results of operations,
including certain financial projections. The Cleansing Materials
are based solely on information available to the Company as of the
date of the Cleansing Materials and, therefore, the projections
included therein may differ from actual results and such
differences may be material. Any financial projections or forecasts
included in the Cleansing Materials were not prepared with a view
toward public disclosure or compliance with the published
guidelines of the U.S. Securities and Exchange Commission. The
projections do not purport to present the Company’s financial
condition in accordance with accounting principles generally
accepted in the United States. The Company’s independent
accountants have not examined, compiled or otherwise applied
procedures to the projections and, accordingly, do not express an
opinion or any other form of assurance with respect to the
projections. The inclusion of the projections on the Company’s
website should not be regarded as an indication that the Company or
its representatives consider the projections to be a reliable
prediction of future events, and the projections should not be
relied upon as such.
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version on businesswire.com: https://www.businesswire.com/news/home/20200605005513/en/
Chad Paris investors@jasoninc.com
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