
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.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel
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!