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| [March 22, 2013] |
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Kodak and Lenders Close Financing Agreement
ROCHESTER, N.Y. --(Business Wire)--
Kodak (News - Alert) today closed its previously-announced $848 million financing with
members of the Steering Committee of the Second Lien Noteholders and
other holders of Kodak's Senior Secured Notes. This new financing,
together with the amendment and restatement of Kodak's existing
debtor-in possession credit agreement, strengthens Kodak's position to
execute its remaining reorganization objectives and successfully emerge
from Chapter 11.
Under the new financing, Kodak borrowed an aggregate principal amount of
approximately $473 million and converted $375 million in Senior Secured
Notes into loans. Proceeds from the financing, together with proceeds
from previously announced intellectual property transactions, will be
used to repay the term loans outstanding under Kodak's existing
debtor-in-possession credit agreement, make an adequate protection
payment to holders of the Senior Secured Notes, and support ongoing
business activities.
"This is another important step toward our emergence as a profitable and
sustainable Commercial Imaging company," said Antonio M. Perez, Chairman
and Chief Executive Officer. "We are now working to finalize our Plan of
Reorganization and complete the remaining work required for us to emerge
as a stronger company, focused on ongoing innovation to meet our
customers' needs."
Under the financing agreement, Kodak is required to file its Plan of
Reorganization with the Court by April 30, 2013, which it is on track to
do. The financing also provides Kodak the opportunity to convert a
portion of the facility into exit financing if certain conditions are
satisfied.
CAUTIONARY STATEMENT PURSUANT TO SAFE HARBOR PROVISIONS OF THE
PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995
This document includes "forward-looking statements" as that term is
defined under the Private Securities Litigation Reform Act of 1995.
Forward-looking statements include statements concerning the Company's
plans, objectives, oals, strategies, future events, future revenue or
performance, capital expenditures, liquidity, financing needs, business
trends, and other information that is not historical information. When
used in this document, the words "estimates," "expects," "anticipates,"
"projects," "plans," "intends," "believes," "predicts," "forecasts," or
future or conditional verbs, such as "will," "should," "could," or
"may," and variations of such words or similar expressions are intended
to identify forward-looking statements. All forward-looking statements,
including, without limitation, management's examination of historical
operating trends and data are based upon the Company's expectations and
various assumptions. Future events or results may differ from those
anticipated or expressed in these forward-looking statements. Important
factors that could cause actual events or results to differ materially
from these forward-looking statements include, among others, the risks
and uncertainties described in more detail in the Company's most recent
Annual Report on Form 10-K for the year ended December 31, 2012, under
the headings "Business," "Risk Factors," and "Management's Discussion
and Analysis of Financial Condition and Results of Operations-Liquidity
and Capital Resources," and those described in filings made by the
Company with the U.S. Bankruptcy Court for the Southern District of New
York and in other filings the Company makes with the SEC (News - Alert) from time to
time, as well as the following: the Company's ability to successfully
emerge from Chapter 11 as a profitable sustainable company; the ability
of the Company and its subsidiaries to develop, secure approval of and
consummate one or more plans of reorganization with respect to the
Chapter 11 cases; the Company's ability to improve its operating
structure, financial results and profitability; the ability of the
Company to achieve cash forecasts, financial projections, and projected
growth; our ability to raise sufficient proceeds from the sale of
businesses and non-core assets; the businesses the Company expects to
emerge from Chapter 11; the ability of the company to discontinue
certain businesses or operations; the ability of the Company to continue
as a going concern; the Company's ability to comply with the Earnings
Before Interest, Taxes, Depreciation and Amortization (EBITDA) covenants
in its debtor-in-possession credit agreements; our ability to obtain
additional financing; the potential adverse effects of the Chapter 11
proceedings on the Company's liquidity, results of operations, brand or
business prospects; the outcome of our intellectual property patent
litigation matters; the Company's ability to generate or raise cash and
maintain a cash balance sufficient to comply with the minimum liquidity
covenants in its debtor-in-possession credit agreements and to fund
continued investments, capital needs, restructuring payments and service
its debt; our ability to fairly resolve legacy liabilities; the
resolution of claims against the Company; the Company's ability to
retain key executives, managers and employees; the Company's ability to
maintain product reliability and quality and growth in relevant markets;
our ability to effectively anticipate technology trends and develop and
market new products, solutions and technologies; and the impact of the
global economic environment on the Company. There may be other factors
that may cause the Company's actual results to differ materially from
the forward-looking statements. All forward-looking statements
attributable to the Company or persons acting on its behalf apply only
as of the date of this document, and are expressly qualified in their
entirety by the cautionary statements included in this report. The
Company undertakes no obligation to update or revise forward-looking
statements to reflect events or circumstances that arise after the date
made or to reflect the occurrence of unanticipated events.

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