Second time around: Chaparral Energy files for Chapter 11

BY Fraser Tennant

In what is its second filing in four years, independent oil and natural gas exploration and production company Chaparral Energy, Inc. has filed for Chapter 11 bankruptcy protection.

Chaparral’s filing is the latest in a string of bankruptcies in the energy sector this year, a list which includes Gavilan Resources, Whiting Petroleum, Echo Energy Partners, Ultra Petroleum, Skylar Exploration, Diamond Offshore, Freedom Oil and Gas, and Templar Energy. Virtually all cited the devastating impact of the coronavirus (COVID-19) pandemic.

Through the Chapter 11 process – part of a restructuring support agreement (RSA) with certain of its funded debtholders to pursue a prepackaged plan of reorganisation – Chaparral expects to significantly restructure its balance sheet and strategically position itself for long-term growth.

Chaparral previously filed for bankruptcy protection during the oil price slump in 2014-16, emerging from Chapter 11 in March 2017.

“While we have taken carefully measured and decisive action to address the challenges of 2020, the overall impact to the energy industry, including Chaparral, has been severe,” said Chuck Duginski, chief executive of Chaparral. “Therefore, after thorough analysis of our strategic options, we determined that a voluntary Chapter 11 filing with broad creditor support provides the best course for Chaparral and its stakeholders.”

Chaparral intends to restructure its balance sheet by equitising all $300m of its existing unsecured bond obligations and substantially bolster its liquidity position through $175m in lending obligations under a reserves-based exit facility and a fully backstopped $35m new money convertible note rights offering.

“A swift restructuring will right-size our balance sheet, improve our cost structure and best position Chaparral for the future,” added Mr Duginski. “Importantly, we intend to maintain normal operations and meet all of our trade commitments timely and under their existing terms.”

Founded in 1988 and headquartered in Oklahoma City, Chaparral Energy is an independent oil and natural gas exploration and production company focused in the oil window of the Anadarko Basin in the heart of Oklahoma.

Mr Duginski concluded: “This restructuring will allow us to continue to efficiently operate without interruption and focus on delivering strong results. I would like to thank our employees, contractors, suppliers and customers for their unwavering commitment to Chaparral.”

News: Shale driller Chaparral Energy files for bankruptcy due to pandemic woes

Virgin Atlantic receives go-ahead for restructuring plan from US court

BY Fraser Tennant

Following its Chapter 15 filing last week to protect itself from creditors in the US while undertaking a solvent recapitalisation in the UK, Virgin Atlantic has received support for its restructuring plan from a US court.

The restructuring is based on a five-year business plan and, with the support of shareholders Virgin Group and Delta, new private investors and existing creditors, paves the way for the airline to rebuild its balance sheet and return to profitability from 2022.

At the same time, the recapitalisation will deliver a refinancing package worth £1.2bn over the next 18 months, in addition to the self-help measures already taken, including cost savings of approximately £280m per year and £880m rephasing and financing of aircraft deliveries over the next five years. 

The airline is one of many in the aviation industry to have been severely impacted by the coronavirus (COVID-19) pandemic, having closed its Gatwick base with the loss of 3500 jobs.  

“Virgin Atlantic has reached another important milestone towards securing its future, undertaking a hearing in the US courts to support its plan for a private-only solvent recapitalisation of the airline, following the severe impact of the COVID-19 pandemic on the global economy, the nation and the travel and aviation industry,” said a Virgin Atlantic spokesperson. “The US proceedings were commenced under provisions that allow US courts to recognise foreign restructuring processes. In the case of Virgin Atlantic, the process we have asked to be recognised is a solvent restructuring of an English company under Part 26A of the UK Companies Act 2006.”

“The US court has supported the company’s restructuring plan,” continued Virgin Atlantic. “The US proceeding is a standard procedural step to protect the airline’s assets while Virgin Atlantic’s recapitalisation is completed in the UK. The US court has scheduled a hearing for 3 September 2020 to immediately follow the final hearing before the English court.

“With support already secured from the majority of our creditors and stakeholders, it is expected that the restructuring plan and solvent recapitalisation will come into effect in September. We remain confident in the plan.”

News: US Courts Support Virgin Atlantic’s UK Recapitalization Plan

Virgin Atlantic files for Chapter 15 bankruptcy protection

BY Fraser Tennant

At a time when coronavirus (COVID-19) is having a severe impact on the aviation industry, Virgin Atlantic Airways is seeking protection from creditors in the US under Chapter 15 of the US Bankruptcy Code – a mechanism that allows US courts to recognise foreign restructuring processes.

In the court filing, the beleaguered British airline stated that it had negotiated an agreement with stakeholders that would allow for “a consensual recapitalisation” that would remove debt from its balance sheet and “immediately position it for sustainable long-term growth”.

The Chapter 15 filing is alongside proceedings in a UK court, which saw the airline obtain approval earlier this week for affected creditors to vote on the restructuring plan. The vote is scheduled to take place on 25 August.

“In order to progress the private-only solvent recapitalisation of the airline, the restructuring plan is going through a court-sanctioned process under Part 26A of the Companies Act 2006, to secure approval from all relevant creditors before implementation,” said a Virgin Atlantic spokesperson. “With support already secured from the majority of stakeholders, it is expected that the plan, and recapitalisation, will come into effect in September. We remain confident in the plan.”

The restructuring plan – agreed with stakeholders on 14 July – will deliver a refinancing package worth around £1.2bn over the next 18 months, including cost savings of approximately £280m per year and an estimated £880m rephasing and financing of aircraft deliveries over the next five years.

Once approved and implemented, Virgin Atlantic expects the restructuring plan to help it to return to profitability from 2022.

One of many players operating in an industry to be majorly impacted by COVID-19, Virgin Atlantic – 51 percent owned by Richard Branson’s Virgin Group and 49 percent by US airline Delta – closed its Gatwick base in May and cut more than 3500 jobs in an attempt to absorb the devastating fallout from the pandemic, which has grounded planes and decimated demand for air travel.

“Once our plan is approved, we will continue to focus on providing our customers with the service they have come to expect,” said Shai Weiss, chief executive at Virgin Atlantic, when the restructuring plan was announced last month. “While we must not underestimate the challenges ahead and the need to continuously respond to this crisis, the pursuit of our vision continues.”

News: Virgin Atlantic Airways seeks U.S. Chapter 15 bankruptcy protection

Remington Arms files for Chapter 11 bankruptcy

BY Richard Summerfield

Gunmaker Remington Arms has filed for Chapter 11 bankruptcy protection in the Bankruptcy Court of the Northern District of Alabama.

The company listed assets and liabilities both in the range of $100m to $500m. Remington said it had $437.5m in sales in 2019, about half what it earned in 2016. The filing is the second time in two years that the company has filed for Chapter 11 bankruptcy. In March 2018, Remington filed for bankruptcy and announced it was seeking to reduce its debt by $620m. It exited the Chapter 11 process the same year when ownership of the company transferred to some of its former creditors, including Franklin Templeton Investments and JPMorgan Asset Management.

The company’s latest filing comes after the collapse of a mooted sale. Recently, Remington had been in discussions over a possible sale to the Navajo Nation, however The Wall Street Journal, citing a person with knowledge of the situation, reported that those discussions had broken down.

Remington’s financial problems have been ongoing for some time. The firearms industry faced a public backlash after the 2012 incident at Sandy Hook Elementary school which left 20 children and six adults dead. Remington bore the brunt of the criticism after it emerged that the company had manufactured the AR-15-style rifle, the Bushmaster, used by the gunman.

The families of the Sandy Hook victims sued the company, and Remington took on debt, both from paying hefty legal fees and from buying out investors that wanted to divest after a wave of negative public sentiment toward the company. That legal battle is still ongoing and has undoubtedly had an impact on the company’s finances.

In response to the filing, the Sandy Hook families released a statement expressing concern that the company would use the bankruptcy process to escape any potential financial liability stemming from their lawsuit.

Remington’s filing comes amid a reported a spike in firearms sales in the US. Unrest has grown across the country since the death of George Floyd and the escalation of calls to defund the police.

News: U.S. gunmaker Remington files for bankruptcy again

BJ Services files for Chapter 11 bankruptcy

BY Richard Summerfield

Fracking pioneer BJ Services has filed for Chapter 11 bankruptcy protection in the US, amid a severe downturn in oilfield services demand. The company had been in discussions to sell its cementing business, and a portion of its fracking operations.

As part of the bankruptcy process, the company will now look to wind down its operation. BJ Services’ executive team has spent the past few weeks working to avert the bankruptcy and wind down, and the company is still in talks with lenders trying to secure funding for the Chapter 11 process, according to a press release announcing the filing.

Regardless of the company’s efforts, it filed for Chapter 11 in the bankruptcy court for the Southern District of Texas, listing assets and liabilities in the range of $500m to $1bn. The company also said it is seeking additional funding to see it through the asset sale and wind-down process. Meanwhile, it is working to minimise the disruption to current projects and reaching out its clients to cover various options.

“The industry continues to face unprecedented uncertainty caused by volatile commodity markets and significantly reduced demand due to the COVID-19 pandemic. Despite maintaining a leading market position and strong client support, the severe downturn in activity and subsequent lack of liquidity resulted in an unmanageable capital structure,” said Warren Zemlak, president and chief executive of BJ Services.

He continued: “After exhausting every possible alternative to address these issues and improve our liquidity, we have made the very difficult decision to proceed with a Chapter 11 process. Our Board of Directors and the entire management team worked diligently over the course of the past several weeks to avoid this outcome. Having said that, we are pleased to be in discussions with interested bidders for our cementing business and for certain portions of our fracturing business and technology.”

BJ Services was a leading provider of hydraulic fracturing services in the formative days of the US shale revolution. It was acquired in 2010 by Baker Hughes for $6.8bn. In 2017, Baker Hughes formed a joint venture to operate BJ Services’ pressure-pumping and cementing businesses. The deal involved selling 53 percent of the company to oil-services-focused CSL Capital Management and an energy division of Goldman Sachs for $325m.

News: Oil firm BJ Services files for Chapter 11 bankruptcy