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Distressed Debt Investing. Last year, Reorg Research launched Reorg First Day which is definitively the best way for investors, advisers or lawyers to stay on top of new bankruptcy filings across the United States. The product gives a detailed overview of the first day pleadings on all cases with more than $1. M in liabilities. This is invaluable information for distressed funds looking for off the run cases, private equity funds looking for 3. Below is Reorg First Day's coverage today of the Gawker Media bankruptcy filing, which we are providing to the broader community due to the intense public interest in the case (This is Part II of a two part series).
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To learn more about Reorg First Day or to request a free trial, click HERE or email firstday . The lawsuit stems from Gawker’s publication of a voyeuristic home video recorded by Hogan’s erstwhile best friend, former Sirius/XM shock jock Bubba the Love Sponge. The video depicted a romantic encounter between Hogan and the Love Sponge’s wife. In this piece, we will address Gawker’s request for first day relief. Gawker intends to sell the company “quickly” through a 3.
ZDGM, which is an affiliate of Ziff Davis, a subsidiary of j. Global (Nasdaq: JCOM). ZDGM’s bid is for $9. Bollea judgment. According to several news outlets including Reuters, during Bollea’s trial, the jury was told in late March that Gawker Media was valued at $8. Gawker also requests $2. DIP financing from Cerberus Business Finance, consisting of a $1.
The DIP would be used to roll up all of the company’s outstanding obligations under its prepetition first lien credit agreement. The company’s prepetition capital structure includes: Secured debt: First lien term loan: Silicon Valley Bank: $6.
Second lien term loan: US VC Partners: $1. Credit agreement provides for a 2. Intercompany debt: $1.
Kinja and $2. 50,0. GMGIUnsecured debt: Litigation claims: more than $2. Equity: GMGI is privately held, with Denton as the largest shareholder. A list of GMGI’s equityholders is HERE. Also discussed in Part I, Gawker filed an adversary proceeding requesting injunctive relief to enjoin various litigations against the company’s founder, CEO and president, Nick Denton and Gawker’s former editor- in- chief, A. J. Daulerio (the author of the Bollea story), including a request that Bollea be temporarily restrained and enjoined from enforcing the judgment as against Denton and Daulerio. The jury awarded $1.
Denton and Daulerio each jointly and severally liable on $1. Denton and Daulerio, respectively.
The bond to stay execution of the judgments pending appeal is $5. Bollea litigation defendants. In addition to refusing to reduce the cash bond and denying Gawker’s request to post stock or alternative collateral in place of the bonds, the Florida court made the judgments available for execution as of Friday. The bankruptcy court entered a temporary restraining order and scheduled a conference on the adversary proceeding before Judge Bernstein on Wednesday, June 1. At the June 1. 5 conference, the court will address scheduling matters in connection with the motion, including scheduling an evidentiary hearing.
Gawker Media’s parent, Gawker Media Group, Inc., and subsidiary, Kinja Kft., based in Budapest, Hungary, filed petitions on Sunday night. Kinja owns the proprietary publishing and discussions platform and intellectual property used by Gawker Media’s brands and websites.
Gawker Media has an exclusive license of these assets as well as intercompany arrangements with Kinja to enable the affiliates to maximize use of their complementary assets and employees. The case representatives are as follows: DIP Financing. Gawker requests $2.
DIP financing, consisting of a $1. Cerberus Business Finance as agent, and Cerberus or one or more of its affiliates as lenders. The debtors request $1. The financing bears interest of LIBOR + 8% (with a 1% LIBOR floor) or the “Reference Rate” plus 7% (subject to a 3% floor). During an event of default, 2% would be added. In addition, the DIP loan is being issued with a 4% original issue discount.
The loan also includes a 2% commitment fee and a 0. The loan matures on the earliest of 1. The debtors’ 1. 3- week cash flow can be found HERE. The DIP would prime the liens of the second lien facility, with the second lien lender’s consent. By virtue of the $9. Adequate protection for the second lien lenders includes replacement liens and superpriority administrative expense claims (to attach to avoidance actions subject to the final order).