
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 29, 2016

Partner
201-896-7095 jglucksman@sh-law.comRecently, SFX Entertainment Inc., the electronic music concert production giant, announced that it had filed for Chapter 11 bankruptcy protection.
According to The Wall Street Journal, the company’s bankruptcy petition was filed to eliminate $300 million in outstanding liabilities by converting most bondholder debt into equity shares in the firm.
In court documents, SFX cited the fact that it missed its recent $3 million interest payment to its group of senior bondholders. A Your EDM report found that the company’s bondholders then announced that SFX was in default of its $5.8 million bond balance as a result. This was due to the cross-default provisions included in its $220 million senior bond debt and $30 million credit facility. Soon after entering default status on its bond debt, the company announced that it had received $20 million in financing to enable it to negotiate revised terms of its debt financing agreement with bondholders.
During these negotiations however, SFX failed in its attempt to make the company private because the transaction was disputed by Delaware Court of Chancery. The failed agreement would have offered bondholders $4.75 per share with the intention of increasing that amount to $5.25 per share at a later date.
In the aftermath of this failed attempt, the company’s U.S. operations became insolvent. According to a statement by a spokesperson for Tomorrowland, a major electronic dance music festival, while the company’s international subsidiaries will not be affected by the recent filing, its future is uncertain.
“Both the festival in Boom (Belgium) and the one in Itu (Sao Paulo, Brazil) will go ahead without any disruption due to the current situation,” Debby Wilmsen explained to Georgia Unfiltered as cited by Your EDM. “In light of the present situation, no concrete plans have yet been made for TomorrowWorld 2016.”
The debt-for-equity exchange with its group of senior bondholders will provide SFX with $115 million in debtor-in-possession financing to maintain its current operations through the bankruptcy period. Street Insider reported that the agreement, subject to court approval, will enable the company to continue its scheduled events while fulfilling financial obligations to artists, venues, sponsors, partners and various other stakeholders in SFX.
In bankruptcy documents, the firm also indicated that it intends to emerge from the restructuring process within six months with a new chief executive.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!