Huffy Corporation has emerged from the Chapter 11 reorganization process after almost 11 months under the courts protection. The company officially concluded the reorganization process after completing all required actions and satisfying all remaining conditions in its Plan of Reorganization. This was confirmed by the U.S. Bankruptcy Court for the Southern District of Ohio on September 23, 2005.
The court did set forth several conditions before Huffy could emerge, one of which was adequate exit financing. The company completed this final requirement late last week with a $40 million revolving loan facility provided by a syndicate led by Wachovia Capital Finance Corporation and Wachovia Capital Markets and a $10 million term loan from Patriarch Partners. The revolving loan facility is secured by inventory and accounts receivable and a second priority lien on the company's intellectual property and other assets. The term loan is secured by the company's intellectual property and a second priority lien on its inventory and accounts receivable.
Under the plan, all previously outstanding shares of Huffy common stock are cancelled as of October 14, 2005. New shares of common stock are being issued to certain creditors of the company in accordance with the plan. The company will have less than 300 shareholders and its shares will no longer be publicly traded. It will no longer be required to file periodic reports with the SEC.
As reported earlier (SEW_0527), under the agreement, the China Export & Credit Insurance Corporation a Chinese government-owned export credit insurance company, will receive 30% of Huffys new voting common equity in the form of new Class A shares and a $3 million note. The Class A common shares entitle the China Export & Credit Insurance Corporation to elect the majority of Huffys board of directors.
In addition to John A. Muskovich, Huffys president and CEO, the new Board now includes Michael Buenzow – senior managing director of FTI Palladium Partners, Kenny Chou CEO of Shenzhen BoAn Bike Co., Douglas Gernert – president and CEO of totes>>ISOTONER Corporation, Raymond Kintzley president of Ramiko, and Barry Metzger partner in Baker & McKenzie LLP. Zhidong Liang, EVP of China Export & Credit Insurance Corporation, will be the Boards chair.
In addition to this control over the board, the China Export & Credit Insurance Corporation will have the ability to earn up to 51% of the aggregate new common voting stock over the next 5 years. Seventy percent of the new common equity in the form of new Class B shares and a $9 million note will be issued to the other unsecured creditors.