RE: CRO - Peter Kravitz3 Jan 2024 05:22
PK is therefore a Chapter 11 specialist.
That suggests company is seeking administration, with regards to bankruptcy whilst believing it is still a ‘viable going concern’ and so ‘maximising recovery’, which will likely involve debt restructuring (hence why the SL are perhaps making things v.difficult).
Limited experience of Chapter 11 but the judge will get the company (bod = Anavio) to sit down with the Senior Lender and devise a restructuring : possibly some partial sell-offs &/or possibly some new financial package, that could then see the old debt written off via the bankruptcy. As this is being driven by Anavio then it suggests that they might supply the next batch of ‘senior debt’.
Sadly, the ‘industry standard’ for Chapt.11 is for the existing shares to often be written off but on some occasions, the current 100% equity then gets allocated 10% of the new equity base. Eg. new finance arrives, say perhaps $20M, which then gets allocated 90% of the new equity base. The bod may then allocate the remaining 10% to the existing shareholders but often, will allocate it to themselves.
A difficult scenario for existing Pi’s.
Should though Pi’s then pick up 10% of the new equity, then imv that could be on a similar value to the current mkt cap of c.£2M to £3M but with better prospects as a ‘going concern’. The downside is that the bod could & often does, wipes out existing Pi’s in addition to wiping out the old debt.
Without a guarantee from the bod, then Pi’s could make it difficult for the bod by highlighting the rather nefarious business practices that COPL have employed. The judge won’t consider bankruptcy for villains.
Pi’s might have to strike a deal early with the bod, perhaps verifying that they can pick up a % of any revised outcome. Failing any guarantee then Pi’s could easily feed the judge plenty of incriminating evidence. Good luck peeps.