Attached files
file | filename |
---|---|
8-K - FORM 8-K - RHI Entertainment, Inc. | y04293e8vk.htm |
Exhibit 99.1
RHI ENTERTAINMENT FILES PRE-PACKAGED REORGANIZATION PLAN
- Plan Broadly Approved by Lenders and Noteholders
- Debt to be Reduced by $309 Million
- Company Will Continue Business As Usual, Upholding Commitments to Clients and Employees
New York, NY December 10, 2010 RHI Entertainment, Inc. (OTCBB: RHIE) (RHI), a leading
developer, producer, and distributor of new made-for-television movies, miniseries, and other
television programming, today announced that in response to the broad support received for its
previously announced prepackaged plan of reorganization (as amended, the Plan) from lenders of
record under the Companys first lien credit agreement, as amended, and second lien credit
agreement, as amended, the Company has elected to commence voluntary proceedings under Chapter 11
of the U.S. Bankruptcy Code for the Southern District of New York.
The recapitalization will strengthen RHIs capital structure by reducing the Companys total debt
by approximately 51%, or $309 million, while substantially lowering interest costs, extending
maturities and increasing liquidity. In connection with the recapitalization, the Company has also
entered into agreements that will eliminate, reduce and/or favorably amend the payment terms
associated with over $100 million in potential claims of a number of creditors including various
production partners and talent guilds. The Company will operate as usual during the court process,
which is anticipated to be concluded in the first quarter of 2011.
Of those voting, 99% in dollar amount and 94% in number of holders of the obligations under the
first lien credit agreement and 100% in dollar amount and in number of holders under the second
lien credit agreement approved the Plan. This broad support far exceeds the minimum thresholds
required by the Bankruptcy Code to implement a plan of reorganization.
We are delighted to receive the support from our lenders, which will allow us to quickly move
forward with our pre-packaged restructuring plan, said Robert Halmi, Jr, Chief Executive Officer
of RHI Entertainment. Todays action is the next step in the process to reduce our debt and
formulate a new capital structure that will better enable us to invest in our business and continue
to provide one of a kind content to our customers.
RHI has secured a commitment for a $15 million debtor-in-possession (DIP) Revolving Credit
Facility from JPMorgan Chase Bank, N.A and certain other first lien lenders. The DIP facility will
provide RHI the necessary financing to complete the confirmation of its Plan and ensure that it is
able to uphold its commitments to clients, employees and suppliers. In addition, RHI
anticipates having a $25 million Revolving Credit Facility available to the company upon emergence
from Chapter 11. This facility would provide RHI with the necessary liquidity to operate its
business post-emergence.
RHI has also filed a series of first day motions to allow the Company to continue operating in the
ordinary course and producing movies during the confirmation process. To this end, RHI is seeking
approval in the United States Bankruptcy Court for Southern District of New York to continue the
payment of wages, salaries and other employee benefits, the payment of prepetition claims of
critical, priority and foreign vendors, and the payment of taxes and governmental fees and
obligations owed under the Companys insurance policies.
A form of the Plan and the related Disclosure Statement, which provide a substantial description of
the restructuring, may be accessed through www.loganandco.com.
About RHI Entertainment
RHI Entertainment, Inc. (OTCBB: RHIE) develops, produces and distributes made-for-television
movies, miniseries and other television programming worldwide, and is the leading provider of new
long-form television content in the United States. Under the leadership of Robert Halmi, Sr. and
Robert Halmi, Jr., RHI has produced and distributed thousands of hours of quality television
programming, and RHIs productions have received more than 100 Emmy Awards. In addition to the
development, production and distribution of new content, RHI owns rights to over 1,000 titles
comprising more than 3,500 broadcast hours of long-form television programming, which are licensed
to broadcast and cable networks and new media outlets globally.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS
This press release contains forward-looking statements within the meaning of the federal
securities laws. Statements regarding future events and developments and the Companys future
performance, as well as managements expectations, beliefs, plans, or estimates related to the
future, are forward-looking statements within the meaning of these laws. These forward-looking
statements may be indicated by words or phrases such as anticipate, estimate, plans,
expects, projects, should, believes, or intends and similar words and phrases, and
include, but are not limited to, statements with respect to the completion of the bankruptcy court
process, including the timing, outcome and impact on our business, the ability of the
debtor-in-possession credit facility to meet the companys liquidity needs during the bankruptcy
process, and the entry into a $25 million revolving credit facility, including the ability of such
facility to meet the companys liquidity needs post-emergence. Although the Company believes that
the expectations reflected in such forward-looking statements are reasonable, it can give no
assurance that those expectations will prove to have been correct. All forward-looking statements
are subject to risks and uncertainties that could cause actual results to differ materially from
expected results. These risks and uncertainties include the following items: (1) the Companys
ability to obtain court approval with respect to motions in the Chapter 11
proceedings; (2) court rulings in the Chapter 11 case, including whether the court approves the
Companys prepackaged plan of reorganization; (3) the possibility of delays in the Chapter 11
proceedings; (4) compliance with covenants in, and any defaults under, the debtor-in-possession
financing; (5) the potential adverse impact of the Chapter 11 filing on our business, results of
operations, financial condition and liquidity; (6) the Companys ability to obtain and maintain
normal terms and relationships with customers, suppliers and service providers and to retain key
executives, managers and employees; (7) the effects of the global economic recession and associated
unpredictable market conditions; (8) the rate of market improvement in the industry occurring
slower than expected; and (9) the other risks and uncertainties discussed in our Form 10-K for the
year ended December 31, 2009, and our subsequent SEC filings. If any of these risks or
uncertainties materialize, or if our underlying assumptions prove to be incorrect, actual results
may vary significantly from what we projected. Any forward-looking statement in this press release
reflects our current views with respect to future events. We assume no obligation to publicly
update or revise these forward-looking statements for any reason, whether as a result of new
information, future events, or otherwise.
Contact:
Erica Bartsch
Sloane & Company
Ebartsch@Sloanepr.com
212-446-1875
OR
Alan Winnikoff
Sayles & Winnikoff Communications
alan@sayleswinnikoff.com
(212) 725-5200 ext. 111