Premier Exhibitions has filed monthly operating reports from 1 Dec 2016-20 Dec 2016 with the Bankruptcy Court and with U.S. Securities and Exchange Commission(SEC). Due to being in bankruptcy, the usual reporting to SEC has been suspended for Forms 10-K and 10-Q. Copies of the monthly operating reports submitted to the Bankruptcy Court will be reported to the SEC in Form 8-K
1. Premier Exhibitions Asks Court For More Time To File Reorganization Plan (Bankruptcy Court News, 3 Oct 2016)
Premier Exhibitions has petitioned the court to allow it to extend the period to file a reorganization plan under Chapter 11 to 17 Jan 2017. “Under the circumstances of these cases, a premature termination of exclusivity would deny the Debtors a meaningful opportunity to negotiate and propose a confirmable plan and would be antithetical to the paramount objectives of Chapter 11. Termination of exclusivity at this point in time could have the undesirable effect of encouraging the development of competing multiple plans that could lead to unwarranted confrontations, litigation, and administrative expenses.” To cut to the chase of all the fancy legal wording, it means if they do not get the extended time other plans may emerge. Which sort of hints that there might be some other plan out there they want to head off.
2. For those on the Netflix service, your long wait has ended. James Cameron’s Titanic is coming to Netflix this month. At least for those in the U.S. Of course you could purchase it and never have to worry when it shows up on one of the online streaming services.
3. It is officially Halloween season here at Titanic News Channel. Our staff is up for the occasion. The mummy has come out its sleeping chamber to render some scares to kids in the area. Our old friend Headless is planning his usual evening strolls with pumpkin in hand looking for someone’s head. A few fluttering ghosts have been seen as well. We have classic zombies (not the Romero version) wandering about as well and quite possibly Frankenstein and Count Dracula as well. The stores are well stocked with Halloween candy to the rafters. Sadly Halloween is on a Monday this year. And with all the political correctness nonsense, even saying Happy Halloween in some schools is not only discouraged but banned. All the more reason for many parents to band together, invite the little kids over, and have their own Halloween event.
1) Premier Exhibitions recently sought permission to sell items from the French Titanic collection. Since these items are outside of U.S.Federal Court , it reasoned that an expedited approval by the bankruptcy court would make the sale possible. The court turned down this request noting that under bankruptcy law that Premier Exhibitions must pursue what is called an adversary proceeding. Since the items in question were awarded by French officials, they may object to these items being put up for auction if the conditions they were awarded to the company excluded their sale. Premier must now go through a process to allow possible third parties (either the French government or other parties of interest)to object and a finding be made.
Source: Premier Exhibition Sale Denied (Bankrupt Company News, 27 Jul 2016)
Document Source: ORDER ON MOTION FOR ORDER AUTHORIZING THE DEBTORS TO MARKET AND SELL CERTAIN TITANIC ARTIFACTS FREE AND CLEAR OF LIENS, CLAIMS, AND INTERESTS (In re: Premier Exhibitions, et el. U.S. Bankruptcy Court, Middle District Florida, Jacksonville Division, 22 Jul 2016)
2. Perhaps in light of the bankruptcy filing (and increased pressure to show records to demonstrate exactly what is going on inside Premier), the company recently announced some changes. The new CEO is Jerome Henshall,the current chairman of the Audit Committee who replaces Michael Little who has been let go (or the better British word sacked). Mingcheng Tao has resigned from the Board of Directors and two new “independent” directors–Mark Bains and Guo Ding–have been appointed to the Board of Directors. Bains qualification is that he is the Chief Executive Officer of MJB Technology Solutions Ltd. Guo Ding qualifications are his “extensive experience as a political, cultural, and media correspondent for various national and international news agencies. He has appeared on television, print, and radio in Canada, China, US, and Hong Kong among many other countries. He has also authored several books published in both Chinese and English. Mr. Ding holds a Master of Arts from Rikyo University (Tokyo, Japan) and a Bachelor of Arts degree from Shanghai Normal University.” So if I get it right they have put a respected commentator of Chinese affairs on the board of directors. I get the independent part but has he ever run a business?
Source:Premier Exhibitions Inc. Announces Corporate Update (Globe Newswire Press Release,27 July 2016)
The U.S. Trustee has filed an objection to Premier’s motion to sell artifacts from the French Collection. “The Sale Motion should be denied because it is not noticed to all required parties, does not include a description of sale procedures, does not describe the property to be sold, and, at least at this early stage in the case, does not meet the standard.”
Before the news broke about the bankruptcy filing, the stock was trading at 51¢ but at the close of trading yesterday fell 27% to land finally at 37¢. The value of the stock is getting slimmer by the day.
Premier Exhibitions, the owner of RMS Titanic Inc and operates many touring exhibitions that includes Titanic:The Artifact Exhibition, has filed for Chapter 11 bankruptcy protection. The company states in its press release:
Despite aggressive efforts to manage these issues, the burden of the
Company’s lease in New York City and other legacy business issues remain obstacles to the Company’s ability to conduct business. Faced with these obstacles and upcoming lease payments due, the company has
determined that it would be in the best interest of its stakeholders to
file for reorganization relief under Chapter 11. Operating under the
protection of Chapter 11 will provide the company’s most important
vendors with assurances that they will be paid. Further, the company
intends to create a restructuring plan that should allow Premier to
emerge as a stronger business. Further, as part of its restructuring
efforts, the company will continue to assess the productivity of all
assets, review additional cost-cutting initiatives and explore strategic
alternatives to maximize the value of the business.
Well this is both good and bad news for shareholders. Shareholders have seen the value of their shares fall (and suffered a double bounce as well)considerably. But the voluntary move to reorganize the company in bankruptcy court means it can reduce the liabilities causing it considerable problems. It also means they must open their books up for the court to examine (which will use independent auditors)to determine what the assets and liabilities are. Secured creditors will get paid but how much will be determined by the court.
Of course there is one big asset namely the Titanic Artifact Collection. And the bankruptcy court will now be handling its disposition. Interesting to see how that plays out down the road.