Friedman's Existing Lenders Approve Proposed Credit Agreement Restructuring
20 Agosto 2004 - 4:59PM
PR Newswire (US)
Friedman's Existing Lenders Approve Proposed Credit Agreement
Restructuring Company and Existing Lenders Agree to Interim
Forbearance Agreement SAVANNAH, Ga., Aug. 20 /PRNewswire-FirstCall/
-- Friedman's Inc. (OTC:FRDM), the Value Leader in fine jewelry
retailing, today announced that its existing lenders have agreed to
the terms of the restructuring of the Company's existing secured
credit facility contemplated by a commitment letter entered into
with Farallon Capital Management, L.L.C. ("Farallon"), an affiliate
of one of the lenders under the existing facility. As previously
announced on August 5, the Amended and Restated Credit Facility
would provide for total commitments of up to $135 million comprised
of a senior revolving loan of up to $75 million and a $60 million
junior term loan. The proposed transaction remains subject to
negotiation and execution of definitive documentation and the
satisfaction of customary closing conditions by August 31, 2004.
(Logo: http://www.newscom.com/cgi-bin/prnh/20020215/FRIEDMANLOGO )
The Company announced that it has also entered into a Forbearance
Agreement with the lenders under its existing amended and restated
credit agreement which provides that the lenders will forbear from
exercising their remedies with respect to any existing default
until the earlier of August 31, 2004 or the occurrence of a new
default. Under the Forbearance Agreement, Friedman's is required to
complete the proposed restructuring transaction by August 31, 2004.
The extent to which Friedman's will be able to draw upon the
availability under the restructured credit facility will depend
upon, among other things, the Company's ability to enter into
mutually acceptable vendor support agreements. The Company is in
active discussions regarding implementation of the Company's vendor
support program with an informal committee of creditors formed at
Friedman's request. Mr. Sam Cusano, Friedman's CEO, said,
"Friedman's greatly appreciates the support that our lenders have
given to the Company and their commitment to making our proposed
restructuring a success. We remain focused on completing definitive
documentation and satisfying the closing conditions for our
restructuring credit facility as well as successfully completing
negotiations with our creditors regarding implementation of our
vendor support program." Separately, Friedman's commented on its
investment in Crescent Jewelers in light of Crescent's announcement
last week that Crescent has filed a Chapter 11 bankruptcy
reorganization case. Friedman's intends to actively participate in
Crescent's chapter 11 case with the objective of maximizing the
value of Friedman's claims and interests in Crescent for the
benefit of Friedman's stakeholders. Friedman's appeared at
Crescent's first day hearing held on August 16, 2004 in the United
States Bankruptcy Court for the Northern District of California to
support entry of interim relief on various first day motions filed
by Crescent. Friedman's also said that it planned to continue to
provide certain services relating to accounting and information
technology support, certain other back-office processing services
and to permit Crescent to use Friedman's "The Value Leader"
trademark on an interim basis subject to the Bankruptcy Court's
approval of appropriate agreements that would authorize Crescent to
assume the agreements and perform its related obligations on
mutually acceptable terms. Crescent is currently in default of the
payments required under these agreements and has asserted that it
has claims on account of and defenses to payment in connection with
the agreements. Friedman's holds Crescent's Series A preferred
stock which it acquired for $50 million in August, 2002, as well as
a warrant which it acquired in 1999 to purchase 50% of the
non-voting capital stock of Crescent Jewelers, Inc., a Delaware
corporation, the owner of 100% of the common stock of Crescent, for
$500,000. The warrant remains outstanding and unexercised, and was
received by Friedman's in connection with credit enhancements
previously extended by Friedman's on behalf of Crescent. Friedman's
also presently has debt claims against Crescent in the amount of
approximately $48 million. These debt claims consist of a senior
subordinated note in the principal amount of $36.3 million issued
by Crescent as well as accrued and unpaid amounts on account of
dividends on the preferred stock, interest on the subordinated
note, and under contractual arrangements between Friedman's and
Crescent. On March 16, 2004, Friedman's reported in a Current
Report on Form 8-K filed with the Securities and Exchange
Commission that it expected to record a substantial impairment of
its investment in Crescent in Friedman's fiscal 2003 financial
statements and that financial information for Crescent previously
included in Friedman's public filings should no longer be relied
upon. While neither the valuation of Friedman's investment in
Crescent or the 2003 financial statements have been finalized and
Friedman's is unable at this time to make a precise estimate of the
amount of such impairment, any recovery on Friedman's investment is
now highly dependent on the outcome of Crescent's chapter 11 case
including distributions made by Crescent to creditors and
equityholders as part of Crescent's reorganization case. The
Company also announced that Thaddeus S. Jaroszewicz has resigned as
a member of the Board of Directors. Chairman Allan Edwards said,
"We thank Ted for his service and contributions to the board during
what has been a difficult period for Friedman's." About Friedman's
Founded in 1920, Friedman's Inc. is a leading specialty retailer
based in Savannah, Georgia. The Company is the leading operator of
fine jewelry stores located in power strip centers and regional
malls. For more information, go to: http://www.friedmans.com/ .
This release has been prepared by Friedman's. Farallon provided
information about its firm at http://www.faralloncapital.com/ .
Some of the statements included in this press release, particularly
those anticipating future financial performance, business
prospects, growth and operating strategies, the obtaining of
additional financing and similar matters, are forward-looking
statements that involve a number of risks and uncertainties. These
forward-looking statements are not guarantees of future performance
and a variety of factors could cause the Company's actual results
to differ materially from the anticipated or expected results
expressed in these forward-looking statements. The Company
undertakes no obligation to update or revise any such
forward-looking statements. The forward-looking statements, the
Company's liquidity, capital resources, ability to obtain
additional financing and results of operations are subject to a
number of risks and uncertainties, including but not limited to,
the following: adverse effects from the Company's delay in paying
suppliers and from suppliers not delivering merchandise; the
ability of the Company to comply with the terms of its credit
facility; the ability of the Company to satisfy all conditions
precedent, including due diligence requirements, to any proposed
additional financing; the willingness of the Company's vendors to
participate in a vendor support program; potential adverse
developments with respect to the Company's liquidity and/or results
of operations; competitive pressures from other retailers; trends
in the economy as a whole which may affect consumer confidence and
consumer demand for the types of goods sold by the Company; the
ability of the Company to attract, retain and compensate key
executives and associates; the ability of the Company to attract
and retain customers; potential adverse publicity; the ability of
the Company to achieve the cost savings and operational benefits
projected from its planned store closings; the final results of the
audit including the review of the calculation of our allowance for
doubtful accounts and any recordation of impairment charges; the
results of the SEC and Justice Department investigations; the
results of various litigation; the effect of the restatement on our
credit facilities, including funding availability thereunder and
our relationship with our lenders; the effect of the restatement on
our future earnings, including any adjustments to previously
announced earnings forecasts; and other risk factors identified
from time to time in our SEC reports, including, but not limited
to, the report on Form 10-K for the year ended September 28, 2002.
http://www.newscom.com/cgi-bin/prnh/20020215/FRIEDMANLOGO
http://photoarchive.ap.org/ DATASOURCE: Friedman's Inc. CONTACT:
Jane D'Arcy of Trion Communications, +1-401-453-3100, ext. 104, ,
for Friedman's Inc. Web site: http://www.friedmans.com/
http://www.faralloncapital.com/
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