RE: Big gamble24 Sep 2022 20:47
"Where I agree with you the deal was done to raise the money for dip pre chapter 11 between CW and lenders.Othewise how would they have come up with 1.9b (never disputed the initial figure)."
It's not an initial figure, it is the figure. The court has simply unlocked the first part. As you mentioned earlier it was approved by the court. As I mentioned earlier everything is approved by the court. If you look at the dockets Cine has to apply to the court for every bit of money spent from hereon in while this C11 process is going on. Rent, wages, overheads, etc.
"Heres the kicker
Was the deal done with a gun to Mookys head,according to him they couldnt raise any cash (going concern with cineplex hanging over them).So was D4E chapter 11 the only option on the table at the time "
You have to understand that going concern was an issue long before before the cineplex judgement. Cine has been negotiating with it's creditors for two years now and has narrowly avoided bankruptcy on I think two other occasions. This is why the lenders of the Priming Loan ($1bn) have such power because they have effectively been keeping the company afloat. The only difference now is that Mooky has run out of cash, tried to negotiate D4E which has now resulted in the C11 as a process to get the D4E over the line.
"Or did they along with hsbc etc agree to carve up the company amongst themselves and throw everyone else under the bus where they retain a stake in the company."
HSBC are not behind the adhoc group of lenders providing the priming facility as far as I can see (I posted a presentation earlier this week that actually listed these lenders as Hexam kindly pointed out). Everything on the court dockets suggest Barclays were the broker. If you have a look at the CINE companies house page you will also see Barclays listed in the charges section. Barclays look like they have batched up the debt and sold it to the investors behind the facility.
"Let's face it no one agrees to a deal thats not beneficial to them in some shape or form normally at a cost to others."
When a company runs of out of cash and doesn't have any options they run out of bargaining power, It becomes about trying to strike a deal that gives them somewhere between 0% and x% from the c11 process.
"Now the choice of where they filed and the judge could be a pointer as in hes known to be sympathetic to the lesser mortals in life and showed that on the 1st day."
The judge wants time for as many creditors to come forward as possible and be part of the DIP process - re the comments about stakeholders, as he wants to make sure the business continues, vendors are paid, employees are paid, etc. These are groups CINE also owes money to. It is not some charitable act for the benefit of shareholders.