JCPenney Files Draft Asset Purchase Agreement

J. C. Penney Company, Inc. (OTCMKTS: JCPNQ) today announced that it has filed a draft asset purchase agreement (“APA”), which tracks the terms of the previously announced letter of intent, to sell JCPenney. All parties are working to conclude negotiations and intend to utilize the ongoing mediation process to help achieve that goal. Key terms of the draft APA are as follows:
*Brookfield Asset Management, Inc (“Brookfield”) and Simon Property Group (“Simon”) will acquire substantially all of JCPenney’s retail and operating assets (“OpCo”) through a combination of cash and new term loan debt.
*The formation of separate property holding companies (“PropCos”), comprising 160 of the Company’s real estate assets and all of its owned distribution centers, which will be owned by the Company’s Debtor-in-Possession and First Lien Lenders (“First Lien Lenders”).
*The OpCo and PropCos will enter into a master lease with respect to the properties and distribution centers moved into the PropCos.

“This is another important milestone in our restructuring plan, bringing us one step closer to finalizing the APA, closing the sale process and exiting Chapter 11 ahead of the December 2020 holiday season,” said Jill Soltau, chief executive officer of JCPenney. “Our talented team is focused on working with Brookfield and Simon to build on our over 100-year history of serving customers and working seamlessly with our vendor partners. We look forward to completing this sale and continuing our progress implementing our Plan for Renewal to Offer Compelling Merchandise, Drive Traffic, Deliver an Engaging Experience, Fuel Growth and Build a Results-Minded Culture.”

Once finalized, the OpCo transaction will be subject to Court approval and other closing conditions. A hearing to seek Court approval for the transaction is expected to be scheduled for early November 2020. If Court approval is received and the closing conditions in the APA are met, it is expected that the OpCo sale will close in advance of the December 2020 holiday season. JCPenney’s operating assets will then conduct business outside of the Chapter 11 process under the JCPenney banner with Simon and Brookfield as its owners. The First Lien Lenders are expected to acquire ownership of the PropCos through the Company’s Plan of Reorganization, which will be completed following the closing of the OpCo transaction.
https://www.jcpnewsroom.com/news-releases/2020/1020_apa.html

Related Posts

Amazon.com Announces Second Quarter Results

*Operating cash flow increased 16% to $59.3 billion for the trailing twelve months, compared with $51.2 billion for the trailing twelve months ended June 30, 2020. *Free cash flow decreased to $12.1 billion for the trailing twelve months, compared with $31.9 billion for the trailing twelve months ended June 30, 2020. *Net sales increased 27% to $113.1 billion in the second quarter, compared with $88.9 billion in second quarter 2020. Excluding the $2.5 billion favorable impact from year-over-year changes in foreign exchange rates throughout the quarter, net sales increased 24% compared with second quarter 2020. *Operating income increased to $7.7 billion in the second quarter, compared with $5.8 billion in second quarter 2020. *Net income increased to $7.8 billion in the second quarter, or $15.12 per diluted share, compared with $5.2 billion, or $10.30 per diluted share, in second quarter 2020.

Zenith Ad Forecast Downgraded Again

Macroeconomic troubles have prompted Zenith to lower its global ad-spend growth prediction to 4% for 2017, when total expenditures are now expected to reach $558 billion. That’s a downgrade from the 4.2% growth that Zenith had forecast in June. The June forecast was a downgrade from the 4.4% the Publicis Groupe media agency had forecast in March. Digital -- and particularly mobile -- continues to take dollars away from print media as consumers use mobile apps. The most rapid growth is coming from online video (+18%) and social media (+25%), while U.S. TV is still growing, only fractionally at 0.5% this year. American print media continue its steep decline, with newspapers falling 9% and magazines down 7.4% this year. Click Read More below for additional detail.

BPIF joins calls to urge swift end to paper shortage (printweek.com)

The European print trade body Intergraf, which the BPIF is a member of, has called for an end to the ongoing strikes at UPM in Finland, which began at the start of the year and are due to continue until at least 12 March following another recent extension. The UPM strikes have greatly aggravated the current lack of paper on European markets and are threatening the supply of printed products. Intergraf said printers’ stocks will not last until the strike has been settled and warned that they will not be able to fulfil orders. It has estimated that, based on member associations feedback, from mid-February, there will be a 40% shortage in the paper needed by European printers. Meanwhile Finat, the European association for the self-adhesive label and narrow web packaging industry, has warned that if strikes continue and label production is not put back on track, there could be serious ramifications for the supply of food, beverages, and pharmaceuticals.
Back To Top
×Close search
Search