
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 29, 2016

Partner
201-896-7095 jglucksman@sh-law.comRecently, SFX Entertainment Inc., the electronic music concert production giant, announced that it had filed for Chapter 11 bankruptcy protection.
According to The Wall Street Journal, the company’s bankruptcy petition was filed to eliminate $300 million in outstanding liabilities by converting most bondholder debt into equity shares in the firm.
In court documents, SFX cited the fact that it missed its recent $3 million interest payment to its group of senior bondholders. A Your EDM report found that the company’s bondholders then announced that SFX was in default of its $5.8 million bond balance as a result. This was due to the cross-default provisions included in its $220 million senior bond debt and $30 million credit facility. Soon after entering default status on its bond debt, the company announced that it had received $20 million in financing to enable it to negotiate revised terms of its debt financing agreement with bondholders.
During these negotiations however, SFX failed in its attempt to make the company private because the transaction was disputed by Delaware Court of Chancery. The failed agreement would have offered bondholders $4.75 per share with the intention of increasing that amount to $5.25 per share at a later date.
In the aftermath of this failed attempt, the company’s U.S. operations became insolvent. According to a statement by a spokesperson for Tomorrowland, a major electronic dance music festival, while the company’s international subsidiaries will not be affected by the recent filing, its future is uncertain.
“Both the festival in Boom (Belgium) and the one in Itu (Sao Paulo, Brazil) will go ahead without any disruption due to the current situation,” Debby Wilmsen explained to Georgia Unfiltered as cited by Your EDM. “In light of the present situation, no concrete plans have yet been made for TomorrowWorld 2016.”
The debt-for-equity exchange with its group of senior bondholders will provide SFX with $115 million in debtor-in-possession financing to maintain its current operations through the bankruptcy period. Street Insider reported that the agreement, subject to court approval, will enable the company to continue its scheduled events while fulfilling financial obligations to artists, venues, sponsors, partners and various other stakeholders in SFX.
In bankruptcy documents, the firm also indicated that it intends to emerge from the restructuring process within six months with a new chief executive.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!