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The Default Notice — Locking it down

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Market Wrap

The Default Notice — Locking it down

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  1. 9fin team
30 min read

Top news

With the LBO and M&A markets yet to kick into high gear, appetite for secured debt has afforded potentially troubled credits a window to strike a deal to push off any reckoning without needing to capture too much discount or committing to double digit coupons.

“People are just out of ideas and need to put money to work,” commented a buyside source, to explain the willingness for investors to pile into risky credits for what barely qualifies as a high yield.

Demand for Medical Properties Trust’s secured bond issuance this week was so strong, it upsized its deal and reshuffled some debt from dollar to euro to secure tighter pricing, raising $250m more than initially planned for a total of $1.75bn and €1bn of secured notes due 2032, as 9fin reported. The new debt was priced 8.5% at 98.71 cents for an all-in yield of 8.75% and 7% at 98.645 cents to yield 7.25%, respectively. The MPT bondholder group that had organized since the second quarter of last year ultimately didn’t appear to need to engage with the company to shape this transaction, as Goldman Sachs lined up more than enough investors interested in the new debt backed by a pool of 167 properties in the US, UK, and Germany through first-priority liens on the equity of subsidiaries holding those properties. 9fin had pointed out how MPT would have trouble doing an unsecured deal, and that it would need to turn secured debt among other things. But this outcome wound up showing just how willing lenders were to pounce once the right security package was offered.

Meanwhile, 9fin reported this week the enthusiasm for Sinclair Broadcast Group’s transaction support agreement, which includes issuing $1.428bn in new first-out first lien notes due 2033 alongside $2.1bn of other debt used in exchanges. A group of Sinclair debtholders organized with Milbank had previously formed a co-op to ensure protections for their debtholdings, while the company wanted to extend debt maturities at better pricing. It appears that both parties will accomplish their goal, as the $1.43bn in new notes have priced at 8.125%, as all similarly situated bondholders and term loan lenders are being offered the same consideration for their holdings, with almost all exchanging at par (with some slight discount capture in buying $59.3m of the 2030 notes at 84% and $104.2m the 2027 notes at 97%) into securities with much tighter docs, as 9fin outlined here.

Even Twitter/X debt has found a market with debt buyers. Banks led by Morgan Stanley have begun an effort to offload billions of dollars of hung debt from Elon Musk’s buyout, as reported, offering first lien loans from X at a spread of SOFR+650bps at 90 to 95 cents on the dollar.

Elsewhere, Engineering Group managed to price dual-tranche notes to refinance its 2026 SSNs despite financial challenges and a short-seller push aimed at the Italian IT-services specialist, with pricing for its €300m secured notes due 2030 at 8.625%, and Wagamama priced its £330m SSNs due 2030 at 8.5%, tightening from talk as much as a half-point higher.

Upcoming events

Wharton Restructuring and Distressed Investing Conference (21 February 2025): Link to ticket registration.

Source: Wharton Restructuring and Distressed Investing Conference

NYU Stern’s 2025 Restructuring Symposium (13 - 14 March 2025): Dynamically Changing Credit Markets: Opportunities & Pitfalls. See HERE for details.

Register HERE

People moves

If you have any recent moves to announce, please send to one of our team’s emails below to include in our People Moves section.

Milbank announced that Lisa Laukitis joined the New York office as a restructuring partner from Skadden Arps. Houlihan Lokey announced that Bill Scheuerer joined the firm as a managing director in capital markets following eight years at Lazard. Matt Bloom joined Blackstone as a senior managing director in credit and insurance from his role as co-head of corporate credit at Guggenheim Partners.

The Default Notice is produced by 9fin’s distressed and restructuring team: Max Frumes | max.frumes@9fin.com, Rachel Butt | rachel@9fin.com, Max Reyes | max.reyes@9fin.com, Kartikeya Dar | kartik@9fin.com, Catherine Corey | cat@9fin.com, Jane Komsky | jane.komsky@9fin.com, Swapnil Sawant | swapnil.sawant@9fin.com, Ayden Crosby | ayden.crosby@9fin.com, and Segun Olakoyenikan | segun.olakoyenikan@9fin.com, along with legal intern Michael Evrard-Vescio | michael.evrard-vescio@9fin.com

This week’s news (from the last seven days)

Out-of-court

Sinclair Broadcasting Group — The company announced a transaction that will extend debt maturities, tighten LME covenants and includes a unique trustee provision that will allow beneficial holders to elect to consent to amendments and/or waivers or appoint and remove the trustee without having to go through the DTC as registered holder. Also see 9fin’s credit quicktake on the first-out notes issuance here, and legal quicktake here.

E.W. Scripps The broadcasting company currently has at least $1.14bn of debt maturities coming up due by 2027 but with constrained liquidity, limited cash flows, and operating headwinds, it may face repayment pressures. 9fin explores the company’s path to debt repayment and financial solvency here.

Medical Properties TrustThe REIT’s near-dated bonds ticked up after the company announced a bond deal aimed at paying down 2025 and 2026 maturities. The private deal includes $1.5bn and €1.0 billion in senior secured notes, both due 2032, with a blended coupon of 7.885%.

Cision — Recent talks between the Platinum Equity-backed public relations and marketing software company and its lenders have ended as a result of disagreement on the quantum of discount a debt exchange under the deal would involve and disagreements within the creditor group. Also, the discovery deadline in the lawsuit between Dow Jones and Cision has been extended through the end of July 2025.

Altice France — As per the latest proposal put forward by the French telco, secured lenders stand to see increased recoveries in comparison to the earlier proposal from November 2024, which was unacceptable to the lenders. The revised proposal increases the new secured debt figure to €14.2bn from €13.7bn with a higher weighted average margin of 7% from the previous 6.5% and maturities set between 2029 and 2031. The equity stake offered to creditors has also increased to closer to 30% from 18%.

MultiPlan — The healthcare technology and data solutions company saw over 99% participation from each tranche of the outstanding secured notes, unsecured notes, and term loans in the debt exchanges launched as part of a comprehensive refinancing announced in December 2024.

Just Eat Takeaway — A group of bondholders signed a cooperation agreement in opposition to the food delivery company’s decision to sell its US subsidiary GrubHub.

Fortra (fka HelpSystems) — Certain lenders to the cybersecurity services provider are seeking advice from Gibson Dunn to assist with debt talks with the company and its sponsors. Backed by TA AssociatesHarvest Partners, and Charlesbank, Fortra has $2.1bn of first lien debt due in 2026.

Lycra — The US based spandex manufacturer has agreed to be taken over by a Chinese state-owned company. The proceeds from the sale will be used to pay down around $1bn of outstanding debt on closing.

Better Health (fka Physician Partners)  — The company has closed the second phase of its potentially precedent-setting post-Serta liability management exercise with additional holders of its term loan who were neither in an initial ad hoc group nor in a second-tier priority group.

Arena-Acquco — The thrust of Arena Investors, LP's lawsuit against Amazon aggregator Vantage, dba Acquco, has been preserved as the NY Supreme Court dismissed only one of the many claims brought by Arena as it seeks recourse for Vantage's refusal to pay interest under the loan agreement

Kloeckner Pentaplast — The German plastic packager is preparing an A&E proposal to address its debt maturing in 2026, according to 9fin sources.

Thames Water — Senior noteholders launched an alternative restructuring plan in the event that the distressed water company’s current one is rejected by the High Court. On Friday 31 January, the High Court “provisionally” adopted a timetable put forward by the company for its sanction hearing next week, sidelining an application from junior creditor to extend the trial.

Zayo The communications infrastructure group has closed its recently launched fiber ABS, a $1.462bn deal which nets it much-needed liquidity and a path to addressing its first lien debt.

Kohl’s — The retailer continues to progress its operational restructuring plan, most recently cutting 10% of its workforce.

Bankruptcy

Franchise Group — The company’s UCC has filed a motion seeking standing to challenge liens on certain assets of the Franchise Group’s second lien secured parties and second lien sidecar secured parties.

Northvolt — The judge overseeing the Chapter 11 case approved the divestiture of the company’s shares in Hydrovolt for $6.8m.

Party City — The company announced that it has designated New Amscan as stalking horse bidder for certain of its assets, including all intellectual property assets.

Spirit Airlines — The company reported that it rejected a merger proposal from Frontier Airlines in order to continue with its existing plan of reorganization.

Intrum — The Stockholm District Court has allowed the debt collector’s Swedish reorganization process to continue. Recently, debtors had filed an emergency motion asking the US bankruptcy court to enjoin the minority ad hoc group of 2025 noteholders from arguing that the company was not in financial distress in its Swedish reorganization proceeding, which the group has appealed.

Ligado Networks The satellite and spectrum company’s creditor Inmarsat objected to the proposed DIP financing, citing excessive fees and interest and the massive debt paydown/roll-up component, among other arguments.

Incora — The ad hoc group of 2024/2026 noteholders has appealed Incora’s plan confirmation order, while the company has filed a sixth amended plan supplement and its plan went effective.

Prospect Medical Holdings — Prospect Medical announced its intention to sell its Pennsylvania hospitals operating under the Crozer Health name to a nonprofit consortium. Prospect’s Chapter 11 case marks another of Medical Property Trust’s tenants entering Chapter 11.

Jackson Walker Fees — Jackson Walker has filed motions to strike or exclude testimonies and reports of US Trustee expert witnesses Richard Davis and Jonathan Lipson. In November, Judge Rodriguez had ruled that the law firm must provide correspondences with PR and communication firms related to their attorney’s relationship with Judge Jones and the firms Attorney Sourcebook to the US Trustee even if confidentiality concerns are valid. The Judge also ruled that the US Trustee must provide the testimony subpoenaed by Jackson Walker related to the US Trustee’s potential knowledge of the relationship.

The Container Store — The company emerged from Chapter 11 with prepetition lenders taking control.

Other active distressed and restructuring coverage (prior to last seven days)

Distressed Pitch List — In an update to our Distressed Pitch List, we added Community Health Systems, Pyxus International and West Technology Group, and removed Paramount.

2024 year in review — Love them or hate them, 2024 was the year of the co-op. We sat down with lawyers and investors who helped paint a picture of how creditors are using the agreements to band together and fight back against LMEs, as well as how the pacts have changed and where they could be headed in 2025.

2025 distressed outlook — Recent court decisions on Serta Simmons’s and Mitel’s uptiering transactions have added uncertainty to what was expected to be a straightforward year for the LME professionals and investors.

LME Trends — We continued our series on LMEs by publishing a follow-up piece on the trend toward friendlier or gentler deals in the restructuring world. This era, which practitioners call the “LM 2.0”, succeeds the “LM 1.0” version of non-pro-rata priming and asset-stripping transactions.

LMEs vulnerable to Serta fallout — We published a data-driven analysis of non-consensual LMEs potentially vulnerable to the Serta fallout, following the Fifth Circuit appellate court’s decision to overturn an earlier interpretation of the “open market purchase” language.

Platinum and LMEs — We published another edition in our series of LME profiles of private equity companies, focusing on Platinum Equity and its investments. A review of the sponsor's portfolio found eight of its 57 current investments carry debt trading at distressed levels.

LME legal challenge evolution — LMEs have become a game of calculated and often times unequal inclusivity, making justifying the costs and risks of challenging one in court more difficult.

US Distressed/Restructuring Tracker Report — We published our monthly report covering notable situations/transactions in our restructuring tracker that are on our watchlist, are expected to materialize, are in progress or were recently completed. The tracker is a work in progress and, in the coming months, 9fin will roll out many user-friendly updates to the tracker and will complete a backfill exercise. Meanwhile, we welcome any suggestions for improvements.

BWIC co-op tracker — Another Clearlake’s portfolio company featured in the latest BWIC showing tranches of debt with designation meaning creditors are governed by existing cooperation agreements. The debts were issued by Clearlake-backed Ivanti Software, Bausch Health, Medical Solutions, Altice France and Astound Broadband.

Out-of-court

24 Hour Fitness — The fitness chain is working with Piper Sandler to explore strategic and refinancing options ahead of $300m in debt coming due 2025.

Aimbridge Hospitality — The Advent-backed hotel manager entered into a restructuring support agreement with its first and second lien lenders, and sponsor where the company will reduce its outstanding debt by over $1.1.bn and hand the company over to its first lien lenders. The company has until 24 January to determine whether it will restructure in or out of court.

Alacrity Solutions — The company has handed control to a group of lenders, including AntaresKKR, Blue Owl and Goldman Sachs, through a restructuring which is expected to close in Q1 25.

Alkegen — The insulation products manufacturer closed an Oak Hill-led refinancing of its revolver and term loans due 2025 and a private exchange for its notes with a subset of holders, and launched a public exchange for the remaining notes.

Allen Media — The TV network company released cleansing documents to private investors after having struggled to arrive at an agreement with its creditors.

Altice International — The company remains in asset disposal mode. After selling its AdTech business, Teads earlier in 2024, the company announced an agreed disposal of the €15m Geodesia construction business to a related party, and a sale of assets in Portugal is on the cards. The company reported revenue and EBITDA declines in Q3 24 with Altice Portugal primarily responsible with the underperformance.

Altice USA — The telecom company and its creditors are reported to have held talks about a deal involving a discounted debt exchange. 9fin had earlier explored the different options available to Altice USA and its creditors in our LME Breakdown.

AMC Entertainment — The theater chain disclosed that it had fully utilized the ATM program recently established with Goldman Sachs, having sold 50m shares of common stock for $184m of gross proceeds.

Anastasia Beverly Hills — The cosmetics company reported stronger than expected Q3 earnings, sources told 9fin, and accordingly saw indications on its term loan improve.

Anthology — The EdTech company in December missed a coupon payment tied to its $500m second lien loan, less than a year after it completed an LME.

Ardagh — Some of Irish packaging solutions company’s bondholders have gone restricted to review a restructuring plan put forward by the packaging company over the holiday period, according to 9fin sourcesRecent board changes at the start of the month involved the company bringing on some experts in restructuring.

Ascend Performance — Creditors to the SK Capital Partners-backed chemicals maker are reported to have hired Gibson Dunn as the company faces the maturity of over $1bn of term loans in 2026. The company is said to be working with PJT Partners and Kirkland & Ellis.

Bausch Health — The specialty pharma company has replaced its restructuring advisors, swapping Houlihan Lokey and White & Case for Evercore and Proskauer Rose. The company has around $20bn in debt of which around $2.4bn is due 2025, and has to contend with a massive cross-class creditor co-op and obstacles in its attempts to divest its B+L stake.

Beyond Meat — The producer of plant-based meat substitutes is reported to have engaged with a group of convertible noteholders on a restructuring.

Brightspeed — Some bank lenders are reported to have begun trying to unload the long hung debt (presumably the debt recently exchanged into) of the Apollo-backed internet provider.

B. Riley Financial — The troubled financial services company announced the redemption of its unsecured notes due 2025, and the suspension of cash dividends on its cumulative perpetual preferred stock.

City Brewing — Following an LME in April 2024 and recent stopgap funding from existing creditors, City Brewing is assessing restructuring options which could entail handing control to a group of existing lenders on a non-pro rata basis, according to 9fin sources. Talks are ongoing and it is unclear whether a deal will take place in or out-of-court, sources said.

CommScope — The company announced a refinancing transaction that paid off all maturities through 2026 and leaves open the possibility for a future LME.

Club Car — Unsecured debt of the Platinum Equity-backed golf cart manufacturer plunged into stressed territory after it privately reported sharp sales and EBITDA declines in Q3 24.

Congruex — According to an S&P note, the company completed a restructuring involving its revolver and first lien term loan which gives it temporary liquidity relief in the form of part PIK interest and an amortization holiday for seven quarters and some covenant relief through Q2 25.

Cox Media — According to an S&P note, The Apollo-backed media company’s maturity-extending exchanges of its term loan, unsecured notes and revolver have been partly completed.

Del Monte Foods — Black Diamond’s lawsuit against Del Monte continues to advance. The lawsuit is in response to the liability management exercise the company completed earlier this year.

DISH/EchoStar — The ad hoc group of DISH DBS bondholders, advised by Milbank and Lazard, has engaged Elsberg Baker & Maruri for potential litigation involving recent financing transactions and the company stripping value away from bondholders.

Dodge Construction Network — The Clearlake-backed company was advised by Kirkland & Ellis and Moelis, and an ad hoc group of lenders advised by Davis Polk, on the recently concluded priming new money and distressed uptier exchange deal.

Drive DeVilbiss Healthcare — The CD&R-backed company has embarked on a sale process that could involve selling its assets piecemeal or as a single entity. Drive, which makes medical equipment, previously went through an out-of-court restructuring, in which the sponsor kicked in fresh cash and existing first and second lien lenders agreed to extend the debt wall.

Empire Today — The Charlesbank-backed company’s LME with existing lenders completed in November involved a new money raise, maturity extending discounted debt exchanges and a dropdown of IP, according to credit rating agencies.

EmployBridge — Certain lenders have organized as the company reported weaker performance with debt trading poorly and rumors of the company’s sponsor Apollo buying back debt in the secondary market.

FinThrive — The healthcare software provider raised $155m in fresh capital and extended the maturity on its revolving credit facility in an LME supported by “substantial majority” of holders of its existing first lien term loans due 2028 and second lien term loan maturing in 2029. The new funds will be used to delever its balance sheet and improve liquidity.

Forward Air — The freight company announced a review by its board of strategic alternatives, the implementation of initial steps of its transformation plan, and an amendment of its credit agreement which includes an increase of leverage covenant limits and a reduction of revolver commitments and introduces certain restrictions.

Fossil Group  Following quarters of dismal results and with an operational restructuring ongoing, Fossil announced the resignation of its CFO and the appointment of Andy Skobe of Ankura to provide interim CFO services.

Foundever — Certain lenders to the customer service outsourcing company have selected Lazard to prepare for potential debt talks as artificial intelligence puts pressure on earnings and its debt trades at stressed levels. 

FreshDirect — The grocery delivery company is set to get some rescue financing from its parent company, Getir, to help support its operational needs.

Frontier Communications — 9fin takes a deep dive into the company’s turnaround from bankruptcy, the fate of its pre-bankruptcy creditors, and why — despite being considered a win — the deal nevertheless faced pushback from some shareholders here.

Global Switch — Certain bondholders are informally seeking advice from restructuring advisors after the data center provider reached an agreement to sell its Australian subsidiary.

GoHealth — The health insurance marketplace company disclosed in its 10-Q for Q3 24 and the earnings call that it had completed a refinancing using $510m in expensive credit facilities from Blue TorchPSP Investments and Redwood with terms akin to rescue financing.

GPS Hospitality — The privately owned quick service restaurant franchisee disclosed poor quarterly numbers, and senior secured notes dropped.

Hawaiian Electric — The utility company agreed to sell a 90.1% stake in its American Savings Bank unit for $405m in order to raise funds for its Maui wildfire settlements.

Hertz — The court denied Hertz’s noteholders request for a bond to secure the makewhole and postpetition interest payments while the company seeks to appeal the decision to the US Supreme Court. Earlier, in mid-December, to no one’s surprise, Hertz got the requisite consents under its previously announced consent solicitations to amend the indentures for its 12.625% first lien notes and 8% exchangeable second lien PIK notes due 2029.

Hunkemoller — A group of funds has filed a lawsuit in New York against the Dutch lingerie maker and US fund Redwood for an uptiering transaction that occurred in June 2024, according to a complaint filed on 26 November.

iHeartMedia — The radio broadcaster completed its LME on earlier tweaked terms, shoehorning the Comprehensive Transaction which had earlier been impossible to consummate without the support of an objecting group holding a majority of its secured notes due 2028.

Ingenovis Health — Lenders to the Cornell and Trilantic Capital Partners backed healthcare staffing company are working with Gibson Dunn as post-pandemic demand for travel nurses slows.

Ivanti Software — The Clearlake-backed company has hired Kirkland & Ellis to assess balance sheet options as it grapples with weak performance and cash flow concerns. Meanwhile, Davis Polk corralled a lender group with a majority of first lien term loan holdings and Glenn Agre has a minority group of lenders.

KIK Consumer Products — The company’s bonds plunged after news of a fire broke out at its facility in Atlanta. In a message to private lenders, KIK said the fire and resulting damage was limited to an insured warehouse and its production areas can restart once the area is safe to re-enter.

KLDiscovery — The data management software company’s debt restructuring in August 2024 saw lender MGG and shareholder Ontario Teacher’s Pension Plan take control of most of the company.

Lifepoint Health — The Apollo backed hospital operator shaved off 50bps of spread from its $499m term loan B due May 2031, repricing it to 350bps from 400bps as it continues its turnaround following above-expectation Q3 24 results.

LifeScan — Per an S&P note, the Platinum Equity-backed medical device company skipped principal and interest payments on its third lien term loan and entered into a forbearance agreement through 29 October 2024 with its first and second lien lenders.

LOGIX Fiber Networks — The fiber-based voice and data company hired Houlihan Lokey to advise it ahead of an upcoming maturity wall.

Lumen — After having completing a series of debt exchanges, the company is now reported to have launched a sale of its consumer fiber business, with Goldman Sachs’ support, to raise funds to pay down debt.

Mavenir Systems — The Texas-based software company is reported to be in talks for Saudi Aramco to invest $1bn for a “significant minority stake” in the company. 9fin had earlier reported that lenders were in confidential negotiations with the company to try to find ways to increase its financial breathing room.

Medical Solutions — Certain lenders of the travel nursing company have engaged Gibson Dunn as its performance is impacted by lower demand for temporary staffing, 9fin sources say.

Michaels Stores — The Apollo-backed crafts retailer’s board has established an interim office of the CEO following the former CEO’s departure on 14 January.

Mitel Networks — The New York Appellate Division, First Department recently issued a decision reversing the trial court’s ruling on Mitel’s uptier, finding that an exchange can be a purchase under loan documents.

ModivCare — The non-emergency medical transportation provider announced that it had secured $105m in new money financing backed by existing lenders and its largest shareholder, Coliseum Capital Management and revealed plans to launch an uptier exchange of a portion of its unsecured notes due 2029. It also revamped its board and formed a strategic alternatives subcommittee.

Mudrick Capital Management — The investment firm’s flagship distressed opportunity fund is reported to have gained nearly 32% in 2024 on the back of investments in busted converts and companies including Shutterfly and fuboTV.

Netceed — The French telecom provider is working with Rothschild to carve out units of its Belgian subsidiary Amadys as it looks to sell assets to deleverage and pay down its debts.

Newfold Digital — The Clearlake and Siris Capital-backed IT services company, which has been on 9fin’s Distressed Pitch List, reported poor Q3 earnings. A crossholder creditor group including Pimco and GoldenTree organized in response, and other groups are also potentially forming.

New Fortress Energy — The company is nearing the completion of its dropdown, new money and debt exchange LME, with the new secured notes having been issued and the financing in Brazil now fully-drawn. Earlier, NFE was reported to have hired Lazard and Intrepid Financial Partners to explore potential asset sales.

Office Properties Income Trust — The office REIT announced the completion of a $114.5m sale of properties and the use of proceeds to redeem its outstanding 4.5% unsecured notes due 2025.

One Call — The healthcare coordinator is sounding out investors, including private credit firms, to refinance its existing debt.

OnTrac (LaserShip) — Incremental details provided by S&P on OnTrac’s recently concluded LME include that the initial exchange was with holders of 86% of its first lien term loan, 97% of the incremental first lien term loan and 83% of the second lien term loans, but ultimately nearly all lenders participated, and that new lenders provided $312m in the form of a new money first lien, first-out superpriority term loan.

Oregon Tool — A group of minority lenders to Platinum Equity-backed Oregon Tool have retained Glenn Agre to advise them with LME talks between the company and lenders appearing imminent, according to 9fin sources.

Oriflame — The Swedish-Swiss multi-level marketing company has added Kirkland & Ellis to its advisory roster for refinancing discussions with lenders, after it set up for a potential LME and bondholders signed a co-op. The company has a €100m RCF, €250m senior secured FRNs and $550m senior secured notes maturing in the next two years.

Packers Sanitation/Fortrex — Following its recently closed new money and debt exchange transaction, the Blackstone-backed company has rebranded to Fortrex.

P&L Development — The family owned OTC drug manufacturer completed its exchange offer, launched in October 2024, issuing $368.5m in PIK-toggled notes due 2029 for $350m in 7.75% senior secured notes due 2025. Also, certain creditors committed to purchasing an additional $131.5m of new notes.

Perella Weinberg-Ducera — The long-standing dispute between Perella Weinberg Partners and the bankers that broke away to found Ducera Partners is reported to be finally going to trial.

Petrofac — The oilfield services company posted an update on the lock-up agreement with its senior secured bondholders on its restructuring plan, which involves a debt for equity swap and new debt and equity raise, and the consent solicitations in relation to the notes. It also set out a timeline for the restructuring.

Porter Airlines — The Canadian airline has gauged interest from private credit lenders in raising CA$250m in preferred equity to boost liquidity.

Pure Fishing — The Sycamore-backed company has raised a $750m credit facility due 2029 from investors including Monarch Alternative Capital and Silver Point Finance, with proceeds to tackle its term loan and asset-backed loans. 9fin caught wind of the financing raise prior to the company’s announcement.

Quest Software — Trading desks have begun publishing quotes on the Clearlake-backed software company’s debt distinguished between co-op and non-co-op paper, with its term loans in distressed territory.

Radiate Holdco (aka Astound Broadband) — The company privately released Q3 24 results9fin had earlier reported that Astound designated its Texas business, a material asset, as unrestricted, potentially paving the way for an LME.

Sandvine — Following its announced acquisition by a group of lenders, the company has announced the commencement of a restructuring under the Canadian CCAA to implement the restructuring that will hand control to lenders and will net it new money.

Screenvision — Certain lenders of the Abry Partners-backed company have organized with Gibson Dunn to negotiate ahead of its $201.5m in loans that are set to mature in 2025.

Serta Simmons — The Court of Appeals issued a decision on the legality of the company’s 2020 uptier transaction, overturning the bankruptcy court’s decision on the definition of “open market purchases” and the validity of the prevailing lenders indemnity. Now the excluded lenders can pursue the prevailing lenders for damages. 9fin explored what changes may be coming to credit agreements as a result of the decision. Cloud 9fin’s podcast episode explored market reactions and what it means for LMEs going forward.

Silver Point Capital — The SEC has accused the Silver Point of failing to failed to “prevent the misuse of material non-public information relating to its participation on creditors committees” in relation to distressed debt lawyer Chaim Fortgang’s consulting role at the investment firm.

Springs Window Fashions — The Clearlake-backed window covering maker company raised a $350m super-priority first out term loan as part of a liability management exercise it completed 19 December.

Sunnova — The residential and commercial solar company is looking to replace Moelis as financial advisor as it considers restructuring options ahead of nearly $1bn of debt maturing in 2026.

System1 — We delve into the asset stripping LME the marketing company completed in early 2024 in conjunction with a merger under section 251 of the Delaware General Corporation Law.

TeamHealth — The healthcare staffing firm has completed its latest refinancing with the help of new money provided by firms including Ares, King Street, and its sponsor Blackstone.

Thrive Pet Care — The company hired a financial advisor to examine options for its debt stack, 9fin reported. Meanwhile, a group of first lien lenders has retained counsel as they brace for potential negotiations with the TSG Consumer Partners-backed company, sources said.

Trinseo — Trinseo disclosed the completion of each prong of the LME it had announced in December.

Tropicana The company received an upsized loan from its sponsor PAI Partners, 9fin sources said, bringing in a total of $175m in new first-lien debt that will mature in September 2025.

United Site Services — The Platinum Equity-backed portable toilet rental company announced that it had closed the LME it unveiled in August.

Upstream Rehabilitation — Certain lenders to the Revelstoke-backed physical therapy provider have organized, while the company explores a preferred equity raise ahead of 2026 maturities on its credit facilities.

VeriFone — Lenders to the payment and commerce solutions company have organized as they prepare for negotiations ahead of the maturity of the company’s $250m revolver and over $2bn of term loans in 2025.

Veritas Technologies — According to an S&P note, the Carlyle-backed company on 10 December completed a $4.2bn debt exchange and raised a $140m superpriority revolver. 9fin had reported the near-final details of the deal in October 2024.

Vialto Partners — The company agreed to a deal with its sponsor Clayton, Dubilier & Rice (CD&R) and existing lenders including HPS Investment Partners that will reduce debt by approximately $700m and raise $225m in new money in the form of an equity investment, according to an 11 November statement.

Viasat — The satellite company announced the completion of a sale of its Energy Services Systems Integration business to MAG Capital Partners.

VistaJet — Following promising Q3 24 earnings, the private air travel company is in late-stage negotiations for a convertible preferred equity raise of around $800m led by Singaporean firm RRJ Capital.

WW International — Following another disappointing quarter, the weight management company announced the replacement of its CFO. 9fin had reported earlier that the company has hired advisors to help address its debt amid an operational turnaround, and creditors are organized under a co-op.

Wellful — The Kainos Capital-backed health and wellness firm raised new money via a superpriority loan and completed an exchange of its existing debt, according to a Moody’s note, while also acquiring Ancient Nutrition.

Wellness Pet Company — Certain lenders to the Clearlake Capital-backed company organized as the quotes on the company’s loans are veering deeper into distressed territory.

Wolfspeed — The chipmaker recently terminated its CEO Gregg Lowe and appointed Thomas H Werner as the new Executive Chair following the collapse in the company’s stock price. The company also recently laid off 20% of its headcount following below expectation Q3 24 results.

WOM — It’s reported that the bonds of the bankrupt Chilean telecom company have jumped as it markets its assets for sale amid potential interest from Carlos Slim’s America Movil.

WorldStrides — Lenders to the student trip company have retained a financial advisor in order to develop potential alternatives to the recently expired discounted exchange offer.

Xerox — The company announced a deal to acquire rival printer/scanner maker Lexmark in a $1.5bn deal that will also result in a meaningful paydown of Xerox’s nearest maturity.

Xplore — The Canadian rural internet provider closed a comprehensive recapitalization, bringing in more than C$1.6bn of new funding from private investors and government programs.

Zips Car Wash — The Atlantic Street Capital-backed car wash operator is reported to be seeking rent concessions as it negotiates with lenders and explores options which could include a bankruptcy.

Bankruptcy

Judge Garrity (SDNY) — Judge James Garrity has announced his intention to step down from the bench at the end of September 2025.

American Tire Distributors — ATD has secured a stalking horse bid from its ad hoc lender group, comprised of Guggenheim Partners Investment Management, KKR, Monarch Alternative Capital, Sculptor Capital Management, and Silver Point Capital. The bid contemplates a credit bid, as well as additional consideration including the assumption of certain liabilities.

Avon International Operations — A global settlement between the debtor, Natura and the UCC was approved. The settlement resolved the UCC’s motion to dismiss the case and allowed for the court to approve the debtors’ sale motion and prepetition settlement with Natura.

Big Lots — The company's proposed sale to Gordon Brothers was approved and closed subsequently, after the debtors previously proposed sale transaction fell through.

CareMaxFinal approval of the company’s DIP facility and other requested relief was granted at an uncontested second-day hearing.

Conn’s — A judge signed off on the bankrupt retailer’s roughly $360m sale to Jefferson Capital Systems, a debt collector, a transaction which the company’s lawyers touted as the best way to monetize its remaining receivables.

Diamond Sports — The company’s Chapter 11 plan, which provides for a going-concern reorganization of DSG, was confirmed.

Digital Media Solutions — Digital Media secured confirmation of its liquidating plan after overcoming objections to the use of opt-out third party releases in its plan.

Edgio — The company received court approval of the sale of certain of its assets, mainly certain customer contracts, along with nonexclusive license rights, to Akamai Technologies. The transaction was expected to close in early December.

Express — The company received confirmation of its plan.

Gol Airlines — The Brazilian airline filed its Chapter 11 plan and disclosure statement along the lines of a plan support agreement it recently executed with Abra, its majority investor and largest secured creditor. The plan envisages the equitization or extinguishment of $1.7bn of debt and $850m of other obligations.

Hearthside Food Solutions — The company received approval of its disclosure statement and can begin soliciting acceptances of its plan. A confirmation hearing is set for 10 March.

Invitae — After hearing arguments on the UCC’s standing motion for litigation related to uptiers and arguments over makewholes, Judge Michael Kaplan decided to issue a preliminary ruling denying the standing motion and reserved his ruling on the makewhole issue.

Jo-Ann Stores — The company entered its second Chapter 11 case in less than a year after liquidity pressures resulted from unanticipated inventory challenges. All first-day relief was granted at the first-day hearing, although an ad hoc group of term loan lenders hinted at troubles brewing in the future.

Purdue Pharma — The company’s mediation and preliminary injunction has been extended to 28 February after the judge found that the company had made material progress to a settlement.

Red River Talc (J&J) The debtor filed its second amended plan. Changes include the incorporation of a memorandum of understanding signed with the talc claimants committee that provides a number of added protections for the group including making the common benefit fund a pre-condition to the effective date, and setting up the agreed upon trust to fund the talc claims on the effective date. The common benefit fund master settlement requires J&J to contribute an incremental $650m.

Rite Aid — Rite Aid notched a win when the judge overseeing the case ruled in favor of Rite Aid on a working capital dispute in the Elixir APA — an approximately $200m dispute, and then agreed to confirm the Chapter 11 plan. Rite Aid also received approval to sell $435m of a term loan issued by Elixir structured as a seller note held by Rite Aid.

Rubio’s Restaurants — Rubio’s filed Chapter 11 bankruptcy in order to sell itself.

Steward Health Care — The debtors held a status conference where they announced they will be seeking an extension of the DIP facility through 31 January 2025, seeking an extension for the exclusivity period to file a plan, closing their operations at Sharon Hospital in Pennsylvania, and reviewing and reconciling their administrative claims. The debtors also requested another court hearing on 30 December, a day prior to their DIP facility maturing.

TGI Friday’s — The sale of nine of the company’s stores and ten of its liquor licenses was approved by the bankruptcy court.

Tupperware Brands — The company has filed a liquidating plan that proposes to create a liquidating trust to monetize any assets left after the sale to the company’s ad hoc group of lenders.

Vertex Energy — The company emerged from Chapter 11.

Wellpath The UCC’s motion requesting extensions of the company’s sale and relevant plan and disclosure statement deadlines will be heard at a hearing scheduled for 27 January.

WOM — The company received approval of its plan sponsor agreement and backstop commitment agreement with an ad hoc group of WOM noteholders. The company will appear for approval of its disclosure statement on 23 January.

Yellow Corp — The judge overseeing the Yellow case issued several rulings on WARN Act claims, preserving a determination of damages for a future trial on the claims.

Headlines

31-Jan Sinclair deal to result in highly protective credit docs containing modern trustee and anti-LME provision (9fin)

31-Jan How will Scripps manage its maturities? (9fin)

31-Jan MPT’s upsized bond issuance trades up on break even after tightening spreads (9fin)

31-Jan Discovery extended in Dow Jones lawsuit against Cision as parties prepare for trial (9fin)

31-Jan High Court provisionally refuses Thames Water trial extension (9fin)

31-Jan Kloeckner Pentaplast to pursue A&E (9fin)

31-Jan Altice France secured creditors’ recoveries improve under latest proposal (9fin)

30-Jan Cision debt talks collapse on wide bid-ask gap and group dynamics (9fin)

30-Jan MultiPlan debt exchanges see over 99% lender participation (9fin)

30-Jan 2024 US LevFin Review (9fin)

29-Jan MPT near-dated notes trade up on announcement of secured notes offering (9fin)

29-Jan Franchise Group UCC seeks to challenge second lien loans (9fin)

29-Jan Fortra lenders band together ahead of 2026 maturity (9fin)

29-Jan Spirit rejects Frontier merger proposal and proceeds to plan confirmation (9fin)

29-Jan Lycra takeover to paydown $1bn of debt (9fin)

28-Jan Northvolt sale of Hydrovolt shares approved at uncontested hearing (9fin)

28-Jan Just Eat bondholder group co-op agreement goes effective (9fin)

28-Jan Sinclair Broadcast Group — Bond Legal QuickTake (Prelim OM dated 27 Jan 2025) (9fin)

28-Jan Stenn evaporates as administrators try to hold up assetco (9fin)

27-Jan Better Health closes second phase of LME, netting additional participation from excluded lenders (9fin)

27-Jan Sinclair Broadcast Group — Credit QuickTake (9fin)

27-Jan Party City secures $10m stalking horse bid (9fin)

27-Jan Cat’s Corner — Bankruptcy court preview for week of 27 January (9fin)

24-Jan Arena’s sacred rights lawsuit against Acquco moves forward as judge rules on motion to dismiss (9fin)

Top weekly movers

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