Hostess Brands is facing some pushback on its plan to use $30 million in financing provided by Hilco, the liquidator it hopes to use in winding-down its real-estate assets.
GE Capital, the agent for lenders behind Hostess’s $50 million in asset-backed loans, filed an objection to the deal this week, arguing that as currently worded, the Hilco plan would allow Hostess to liquidate GE’s collateral without its consent.
At the time of Hostess’s Chapter 11 filing, on Jan. 11, $50 million remained outstanding under the ABL agreement, secured by a first-lien interest in, among other things, Hostess’s receivables and inventory. Since then, Hostess has paid off $25 million of the outstanding principal. But when the company officially moved into liquidation, on Nov. 29, the debt became secured by all of the company’s assets.
GE contends that under its most recently negotiated agreement with the company, Hostess is required to pay down the rest of the ABL debt in full by Jan. 4. But in its proposed agreement with Hilco, Hostess “seeks to renege on the deal and have the court find that they need not apply the proceeds from the proposed Hilco Agreement to pay down the ABL debt,” GE said.
“This court should reject such a blatant violation of its prior orders and the debtors’ efforts, with support from the DIP agent, to make an end-run around the clear language and effect of the final winddown order,” GE said.
A hearing on the Hilco agreement is scheduled for Dec. 21, before U.S. Bankruptcy Judge Robert Drain, in White Plains, N.Y. – John Bringardner