Cineplex stay ruling prejudicial?26 Apr 2023 10:15
In normal circumstances the stay of the appeal would be the best thing to do but in our case puting it on hold benifits Cineplex over shareholds and other unsecured lenders. For Cineplex if the appeal is lost then they will get nothing or very little, if the appleal is upheld they get nothing. For shareholds and other unsecured lenders if the appeal is lost then they will get nothing or very little however if the appleal is won then this will not only up the value of Cineworld but could have made a potential sale much more likely. So for Cineplex the appeal meant very little after the C11 however for shareholds and other unsecured lenders the appeal could have made a huge difference. Am I missing something and if not, should the Judge take this into account in any proposed restructuring with the majority of its lenders, especially given the stay also benefits any Newco??