Connect with us

Business

Fight Over ‘Predatory’ J.C. Penney Loan Gets Ugly

Published

on


(Bloomberg) — The fight over who gets to fund J.C. Penney Co.’s bankruptcy is heating up.The U.S. retail giant filed for Chapter 11 protection last month with a $900 million financing package lined up from senior lenders including H/2 Capital Partners LLC and Silver Point Capital LP, according to a presentation at the time. Another set of lenders has lambasted the deal, calling the terms “predatory” in court documents and accusing the other group of strong-arming J.C. Penney.The firms opposing the loan have offered a similarly structured, cheaper financing package that gives Plano, Texas-based J.C. Penney more discretion in bankruptcy, the group said. The retailer’s current loan proposal requires the company go through with an agreed-upon restructuring and gives lenders the ability to veto the plan, according to court papers.“This court and the debtors should not be bullied into yielding to the threats of predatory lending terms that come at the expense of employees, customers, vendors and other creditors,” attorneys for opposing lenders wrote in court papers. The “only answer” as to why J.C. Penney won’t embrace the alternative loan is that the proposed lenders “threatened to use their 75% position in the first lien debt to force the debtors into a liquidation if they don’t get their way,” they write.Commitment FeeJ.C. Penney entered Chapter 11 protection last month having already paid a $45 million commitment fee on the proposed financing package. The loan is contingent on a plan to, among other things, get approval from senior creditors on a new business plan by July 14 and spin some of its properties into a real estate investment trust.Financing tied to a specific Chapter 11 strategy is increasingly common in corporate bankruptcy. Such deals can help companies cut costs and exit bankruptcy quickly, but concerns have been raised about whether they may trample the rights of smaller creditors or lead to suboptimal deals.A J.C. Penney representative declined to comment. The company has said in previous court filings that its proposed bankruptcy financing was “instrumental” in arriving at its plan for exiting bankruptcy, one it says will save thousands of jobs and maximize recoveries for creditors.Attorneys for the proposed bankruptcy lenders didn’t immediately respond to a message seeking comment on Wednesday.A hearing on the bankruptcy loan is set for June 4.The case is J.C. Penney Company Inc., 20-20182, U.S. Bankruptcy Court for the Southern District of Texas (Corpus Christi)(Correction removes reference in third paragraph to GoldenTree Asset Management and Contrarian Capital Management, members of the opposing lender group named in a court document, as one or more of the firms is no longer a member of the group.)For more articles like this, please visit us at bloomberg.comSubscribe now to stay ahead with the most trusted business news source.©2020 Bloomberg L.P.



Source link

قالب وردپرس

Business

House rejects ABS-CBN plea to extend franchise

Published

on


Philippine lawmakers on Friday rejected the franchise application of ABS-CBN Corp. — a broadcast network critical of President Rodrigo R. Duterte — in what critics see as a grievous assault on press freedom.

Voting 70 to 11, the House of Representatives committee on legislative franchises denied the 25-year extension plea, saying the media giant was “undeserving” of the privilege.

“Not since the dictator Ferdinand Marcos shut down ABS-CBN and other media outlets in 1972 has a single government act caused so much damage to media freedom,” Phil Robertson, deputy Asia director at Human Rights Watch, said in an e-mailed statement.

“This move solidifies the tyranny of President Rodrigo Duterte who accused ABS-CBN of slights against him and politically targeted it for refusing to toe the government’s line and criticizing his so-called ‘war on drugs,’” he added.

Mr. Robertson said the House vote was “an astounding display of obsequious behavior by congressional representatives, kowtowing to Duterte by agreeing to seriously limit media freedom in the Philippines.”
“This is a black day for media freedom in a country previously regarded as a bastion of press freedom and democracy in the region,” he added.

The tough-talking Mr. Duterte had on numerous occasions unleashed a stream of profanity against dissenting journalists whom he accused of bias and unfair reporting. Journalists have also been targeted by Mr. Duterte’s Facebook supporters — known bloggers with huge followings and who have fiercely defended him and his policies.

Mr. Duterte has slammed media outlets such as the Philippine Daily Inquirer, ABS-CBN and Rappler for criticizing his government, particularly his war on drugs that has killed thousands of suspected pushers.

‘DEEPLY HURT’

ABS-CBN President and Chief Executive Officer Carlo Katigbak said they were “deeply hurt” by the House decision.”We have been rendering service that is meaningful and valuable to the Filipino public,” he said in an e-mailed statement. “We remain committed to public service, and we hope to find other ways to achieve our mission.”

The House vote puts in jeopardy the jobs of more than 11,000 workers of the media network, which claims to reach more than 80 million Filipinos here and overseas.

“I am deeply saddened by this episode in the history of our nation,” Senate Minority Leader Franklin M. Drilon said in a statement. “It is reminiscent of the dark pages in the history of Philippine press in 1972.

Presidential spokesman Harry Roque said the palace was neutral about the franchise issue.”Much as we want to work with the aforesaid media network, we have to abide by the resolution of the House committee,” he said in a statement.

Speaker Alan Peter S. Cayetano urged the public to “understand why the decision had to be so.”

A technical working group composed of Cebu Rep. Pablo John F. Garcia, Camiguin Rep. Xavier Jesus D. Romualdo and Marikina Stella Luz A. Quimbo endorsed the rejection of the franchise application in a report. Ms. Quimbo dissented.

Quezon City Rep. Franz E. Alvarez, who heads the committee, said ABS-CBN Corp. had 24 hours to appeal the House decision.

Critics have said the issue of ABS-CBN’s franchise has become both personal and political. Mr. Duterte had openly harbored a grudge against the broadcaster.

In 2017, he accused ABS-CBN of swindling after it refused to run political ads he had paid for during the 2016 presidential campaign.

Mr. Duterte had also criticized the broadcaster for airing news stories about his alleged secret bank accounts. He said he would block the renewal of the company’s franchise if he had his way.

“I will not let it pass,” he said in 2018. “Your franchise will end. You know why? Because you are thieves.”
The Center for Media Freedom and Responsibility on Feb. 11 called the case against the network a “dangerous attempt to control and silence free press.”

RAPPLER

A Philippine trial court last month convicted Maria Ressa, chief executive officer of news website Rappler, Inc. and former researcher Reynaldo Santos, Jr. guilty for violating a law against cyber-libel.

Critics also viewed the verdict as a major setback for democratic rights in the country. Judge Rainelda H. Estacio-Montesa sentenced the two to six months to six years in prison.

The Justice department in February last year indicted Ms. Ressa, a former CNN investigative reporter, for cyber-libel based on a complaint by a businessman over an article published in 2012, months before the cyber-crime law was passed. The journalist has said the allegations were unfounded.

A month later, she got arrested again for allegedly violating the ban on foreign ownership in media.

Local and international media watchdogs and human rights groups have condemned her arrest. New York-based Committee to Protect Journalists has called on Mr. Duterte’s government “to cease and desist this campaign of intimidation aimed at silencing Rappler.”

Rappler, which Mr. Duterte has called a “fake news outlet,” is also appealing last year’s order by the Securities and Exchange Commission to close its operations for violating foreign-equity restrictions in mass media. Ms. Ressa is also facing tax evasion cases.

The presidential palace said Mr. Duterte did not have a hand in the court ruling. — Patricia S. Gajitos



Source link

قالب وردپرس

Continue Reading

Business

How a hair-care company went from salon supplier to sanitizer powerhouse

Published

on


When AG Hair moved into its new, 70,000-sq.-foot, state-of-the-art manufacturing facility in Coquitlam, B.C., two years ago, it was part of a plan to supercharge expansion of its hair care product line to salons in international markets. Europe was next on its list. Then COVID-19 hit.

Not only was the European expansion put on hold, but salons in major markets across Canada and the United States were temporarily closed. Very few were purchasing hair products, so manufacturing was halted in mid-March, leaving most of the company’s 82 employees out of work.

AG Hair could have waited out the pandemic but instead decided to lean into its entrepreneurial culture and make a sharp pivot. It began providing hand-sanitizing products for front-line health-care workers, addressing a global shortage.

“We realized there was this massive need for health-care professionals, and we wanted to make a difference and be able to provide them with the products they needed,” says AG Hair CEO Graham Fraser.

AG Hair received Canadian and U.S. approvals a week after applying for the licences needed to make sanitizer, and produced samples to show local authorities within 48 hours.

AG Hair’s Coquitlam facility has pivoted to making hand sanitizer (Photograph by Alana Paterson)

“That rapid response time, and the fact that we had gone through all of the Health Canada regulatory hurdles, showed [the local health authorities] that we were a partner they could trust and someone they could look to, to deliver the products they needed,” Fraser says.

Within a month, the company started pumping out the products, first for the health-care industry, then for consumers on its own website and on Amazon. About 10 per cent of AG Hair’s hand-sanitizer production also went to people in need, as identified by organizations such as United Way.

Parallel 49 Brewing Company is also using AG Hair’s Coquitlam manufacturing facility to produce its own blend of liquid hand sanitizer for front-line health and emergency workers, in partnership with the B.C. government.

Fraser credits his team for its energy and creativity in making the hand-sanitizer production happen, and helping put AG Hair staff back to work.

“We realized we had an opportunity . . . and then it became this incredible, almost war-room mentality and collaboration with our owners, our executive team and our people to say, ‘How are we going to get through this?’ ” Fraser recalls. “I think our success speaks to the type of people we have and the entrepreneurial spirit of pursuing every avenue we have, understanding how we can produce the products and making it happen.”

AG Hair’s commitment to investing in future growth is a big part of what makes it a Best Managed company, says Nicole Coleman, a partner at Deloitte and co-lead of its Best Managed Program in B.C.

“Capability and innovation come through quite strongly with this company,” says Coleman, who is also AG Hair’s coach at Deloitte. “I don’t think they would be able to pivot as quickly if they weren’t so strategic and had the internal capabilities to do it.”

The manufacturing facility was a big investment, but one Coleman says has already paid dividends.

“They were looking forward with a strategic plan in mind about future growth and how they could expand, rather than just focusing on the day to day,” she says. “Best Managed companies are always pushing the envelope and are conscious about planning for the future.”

AG Hair was founded in Vancouver in 1989 by hairstylist John Davis and graphic artist Lotte Davis. The husband-and-wife team began bottling hair products in their basement and selling them direct to salons from the back of a station wagon.

The company eventually moved its manufacturing off-site, to a third party. One day, John went to watch the operations and was surprised to see salt being poured into the mixture. Although he was told salt is commonly used as a thickener, he didn’t like the potential side effects of dry hair and skin.

It was at that moment John decided the company would oversee its own manufacturing. “Through that experience, John also became an expert in product development,” says Fraser, who came to the company in 2000 as director of sales.

After having worked for more than two decades at PepsiCo and Kraft Foods, Fraser was eager to work at a smaller, more agile company where he felt he could help make a difference.

“It was perfect because I got to bring a lot of structure and process that I learned in those organizations, but I also learned an awful lot about being an entrepreneur from John and Lotte: that sense of urgency, the decision-making process, the need to get things done and drive things forward and pursue opportunities,” he says.

Fraser has helped drive AG Hair’s expansion into the U.S. and internationally, including Australia, Taiwan, and Central and South America. A portion of its sales go to One Girl Can, a charity founded by Lotte that provides schooling, education and mentoring for girls in sub-Saharan Africa.

Fraser also oversees the development of new, trending products, including a new deep-conditioning hair mask made with 98 per cent plant-based and natural ingredients. Hand-sanitizing spray and gel will be the latest addition to the company’s product lineup.

“We don’t see the demand [for hand-sanitizing products] going away,” he says. “As the isolation policies start to get lifted, people are going to need forms of security and protocols as they get back into regular life and work. We see there’s going to be a need for these types of products long-term.”


This article appears in print in the June 2020 issue of Maclean’s magazine with the headline, “Working out the kinks.” Subscribe to the monthly print magazine here.

The post How a hair-care company went from salon supplier to sanitizer powerhouse appeared first on Canadian Business – Your Source For Business News.



Source link

قالب وردپرس

Continue Reading

Business

Australia Warns of Vaccine Wait; U.S. Bases Hit: Virus Update

Published

on


(Bloomberg) — A coronavirus vaccine may be two years away, if one is ever found, and low levels of infection may become a part of life, Australia’s deputy chief medical officer warned.U.S. military facilities in Okinawa have found a total of at least 50 coronavirus cases, NHK said. New infections in Tokyo exceeded 200 for a third day, though fell short of Friday’s record, Kyodo reported. Masked fans returned to baseball in Japan, making the country among the first to restart major sport with spectators.In the U.S., Texas hospitalizations topped 10,000 for the first time and California suffered its second-highest day of deaths. Florida’s biggest county had a record number of patients in intensive care.Key Developments:Global Tracker: Cases top 12.5 million; deaths surpass 560,000Wuhan shows the world how economies may recover‘Back to the nightmare’ as virus shuts Hong Kong schoolsTesting bottlenecks are hindering U.S. statesJapan urges urbanites to tour country, sparks virus fearBillionaire’s empire unexpectedly thrives in BrazilMasked fans return to baseball in JapanSubscribe to a daily update on the virus from Bloomberg’s Prognosis team here. Click VRUS on the terminal for news and data on the coronavirus.U.S. Bases in Okinawa Find More Than 50 Cases: NHK (5:15 p.m. HK)U.S. military facilities in Okinawa, including Marine Corps Air Station Futenma and Camp Hansen, have found a total of at least 50 coronavirus cases, NHK reported Saturday, citing unidentified people. NHK cited Okinawa Governor Denny Tamaki as saying many new virus cases have been confirmed at the bases.Virus Spreads Fastest in Cooler Temperatures: Telegraph (5 p.m. HK)Coronavirus spreads fastest at 4 degrees Celsius (39 Fahrenheit), U.K. government scientists said, adding to concern about a winter resurgence, the Telegraph reported. The Scientific Advisory Group for Emergencies is thought to be focusing on the precise temperature as Melbourne, which is currently in its coldest month, went into a six-week lockdown due to a spike in cases.Russian Case Increase in Line With Past Week (3:37 p.m. HK)Russia reported 6,611 new confirmed coronavirus infections in the past day, in line with increases in the past week, raising the total to 720,547, according to data from the Russian government’s virus response center. Almost 27% of new cases were asymptomatic. In the past day 188 people died of the disease, bringing total death toll to 11,205.Slovenia confirmed 34 new coronavirus infections on Friday, the most since mid-April, bringing the total number of infected to 1,793. The number of fatalities remains at 111.German Infection Rate Rises Slightly (2:28 p.m. HK)Germany’s coronavirus cases rose by 331 while the death rate held steady, according to data from Johns Hopkins University. Deaths increased by 6 to 9,063, a smaller increase than most days since the beginning of March.The reproduction factor — or R value — rose slightly to 0.80, according to the latest estimate by the Robert Koch Institute, Germany’s health body. That’s under the key threshold of 1.0, seen as crucial to preventing a second wave of infections.Tokyo Finds 206 New Cases: Kyodo (2:02 p.m. HK)Tokyo confirmed 206 new cases of coronavirus, Kyodo reported Saturday, citing unidentified people. The number of new cases exceeded 200 for the third straight day, but fell short of Friday’s daily record of 243.Hong Kong Adds at Least 20 Cases: SCMP (1:53 p.m. HK)Hong Kong confirmed at least 20 new coronavirus cases on Saturday, the South China Morning Post reported, citing a medical source. It’s not yet known how many of Saturday’s cases were locally transmitted, the SCMP said. On Thursday, the city recorded 34 locally transmitted infections, the most in a single day since the pandemic began.In response, the government reintroduced social restrictions that cap restaurant capacity at 60% and limit eight people to a table.Australia Warns of Two-Year Vaccine Wait (1:21 p.m. HK)Australia’s Deputy Chief Medical Officer Nick Coatsworth said a vaccine may not be available for between 18 and 24 months and the country must be able to keep the virus under control at low levels. “We need to prepare for a world without a vaccine,” he said at a media conference Saturday.Mask-wearing will be critical to reopening Australia’s second-most populous state as it seeks to curb a second wave of infections, Victoria Premier Daniel Andrews said earlier.Two million masks will be ordered and distributed to “priority groups,” he said Saturday. The state recorded 216 new cases and one death in the past 24 hours, and he urged Victorians to stay home this weekend as much as possible.Emirates to Cut 9,000 Jobs, BBC Reports (11:08 a.m. HK)Emirates Airlines plans to cut 9,000 jobs because of the coronavirus outbreak, BBC reported, citing airline President Tim Clark.The company had 60,000 employees before the pandemic, the BBC said. The airline plans to increase job cuts to as much as 15% of its workforce, having already reduced employee numbers by 10%, Clark told the news service.South Korea New Cases Fall (9:29 a.m. HK)South Korea reported 35 more cases in 24 hours, raising the total tally to 13,373. There no additional deaths, leaving the total at 288, the Korea Centers for Disease Control & Prevention said.The country reported 45 new cases of infection on July 10 and one additional death.Japan’s Contact-Tracing App Fails (8:49 a.m. HK)Japan’s health ministry suspended the registration of positive cases on its contact-tracing smartphone app Cocoa as it worked to fix an error that left some people unable to enter their information.The ministry aims to get the feature running again next week, according to a statement. The ministry encouraged users to keep using the app, which had 6.5 million downloads across iOS and Android phones as of Friday evening.Texas Hits Milestone (5:35 p.m. NY)More than 10,000 people were hospitalized with Covid-19 in Texas Friday, the first time the state has reached that benchmark. Cases there jumped by 9,765, an increase of 4.2% compared with the seven-day average of 3.9%. The state has added close to 10,000 cases for each of the last four days, and deaths have begun to spike in tandem, with another 98 fatalities exceeding the seven-day average.Governor Greg Abbott stepped up efforts to encourage people to wear masks, making the rounds of local television stations to warn that deaths are likely to rise in coming days.California to Release Prisoners (4:30 p.m. NY)California plans to release about 7% of its prison population, roughly 8,000 non-violent offenders, to relieve pressure on a chronically overcrowded correctional system that’s now struggling with a spike in coronavirus cases.The move will enable prisons to maximize available space to implement physical distancing, isolation and quarantine efforts, the California Department of Corrections and Rehabilitation said in a statement. It estimated that about 8,000 currently incarcerated people could be eligible for release by the end of August.U.S. Cases Rise 1.9% (3:55 p.m. NY)U.S. cases rose by 59,782 from a day earlier to 3.14 million, according to data collected by Johns Hopkins University and Bloomberg News. The 1.9% jump matched the average daily increase over the past week. Deaths rose 0.7% to 133,677.California Has Second-Deadliest Day (2:21 p.m. NY)California reported 140 new virus deaths, second only to the 149 reported Thursday as the most yet for the pandemic. The 14-day average is 75, according to state health data.Total confirmed cases rose by 7,798, or 2.6%, pushing California’s total infections to 304,297. While the gain was less than the 3% average over the past seven days, the state’s outbreak has been accelerating: Infections have exceeded 300,000 just two weeks after crossing the 200,000 milestone.For more articles like this, please visit us at bloomberg.comSubscribe now to stay ahead with the most trusted business news source.©2020 Bloomberg L.P.



Source link

قالب وردپرس

Continue Reading

Trending