Aé ropostale Duels With Sycamore Over Bankruptcy
August 23 2016 - 11:40PM
Dow Jones News
Aé ropostale Inc.'s doors remain open as back-to-school shoppers
hit the stores, but there is no guarantee the company will survive
for long.
A planned auction of the massive store chain has been pushed
back to Aug. 29 as a bankruptcy judge weighs what could be a
company-ending decision for the international seller of apparel to
young adults
Judge Sean Lane is set to rule later this week on a dispute
between Aé ropostale and the private-equity firm that was at one
time one of its largest backers, Sycamore Partners.
Junior creditors and the company are allied in a campaign to
save Aé ropostale, avoiding the "loss of over 10,000 jobs, empty
lease locations and disappointment for vendors," creditor attorney
Robert Feinstein said at a hearing Tuesday in New York bankruptcy
court.
Aé ropostale is pressing for a ruling that would rein in
Sycamore's power to determine the company's fate. Sycamore contends
liquidation, not a sale of the operating business at a
bargain-basement price, is the best option for creditors.
In deposition testimony earlier this month, board chairman Karin
Garvey said Aé ropostale's goal is "To save as many jobs as we can
and emerge as a company intact."
Aé ropostale blames Sycamore for allegedly using its control
over a big supplier and big lender to back it into a corner,
forcing the bankruptcy.
The fight with Sycamore followed Aé ropostale into chapter 11
bankruptcy protection in May. "We have a private equity fund that
orchestrated a careful strategy to force the company into
bankruptcy precipitously," said Ray Schrock, lawyer for Aé
ropostale.
Sycamore contends Aé ropostale is responsible for its own
fortunes for failing to outrun market trends that have toppled many
retailers.
Aé ropostale is asking Judge Lane to limit Sycamore's clout in
the bankruptcy, as a remedy for alleged improper conduct. The
company contends Sycamore sold out its equity stake, then "crashed"
Aeropostale's finances, in an effort to force it to liquidate.
Sycamore denies the accusations and is battling for the right to
bid its loans, $150 million, as currency at a bankruptcy auction,
in a so-called "credit-bid."
According to Mr. Schrock, potential buyers won't step up to
compete with Sycamore, if Sycamore is allowed to bid with debt,
rather than cash. A credit-bid from Sycamore is an end for Aé
ropostale, though there are signs turnaround efforts are
succeeding, the company's lawyer said.
Another possible contender is Philadelphia's Versa Capital
Management, with a bid which, court papers say, could keep hundreds
of stores open. In a court filing Monday, Sycamore said there was
no signed offer from Versa yet.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
August 23, 2016 23:25 ET (03:25 GMT)
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