Avaya plans to exit Chapter 11 in Autumn 2017
Files Confirmable Amended Plan of Reorganisation and Disclosure Statement With Support of Major Stakeholders
NEW YORK, NY – August 7, 2017 – Avaya today announced that it has entered into a Plan Support Agreement (the “PSA”) with holders of over 50% of its first lien debt, including certain members of the Ad Hoc Group of First Lien Creditors (the “Ad Hoc First Lien Group”). In addition, the company has reached agreement with U.S. Pension Benefit Guaranty Corporation (“PBGC”) to provide for the termination of the company’s obligations under the Avaya Pension Plan for Salaried Employees (“APPSE”) and the related transfer of those obligations to PBGC, with the support of the Ad Hoc First Lien Group. Avaya has filed an amended plan of reorganization (the “Amended Plan”) and disclosure statement reflecting the terms of these agreements.
The PSA results from extensive negotiations among Avaya and members of the Ad Hoc First Lien Group. The Holder Parties (as defined in the PSA) who executed the PSA collectively hold over 50% of Avaya’s first lien indebtedness. These parties have agreed, among other things, to support the restructuring transactions contemplated by the Amended Plan, vote in favor of the Amended Plan when solicited in accordance with applicable law and not take any action inconsistent with the PSA or the transactions contemplated thereby. As a result, once the company has received approval from the Court to solicit creditor votes and receives the requisite votes, the Amended Plan is confirmable.
Key terms of the Amended Plan include:
- The reduction of Avaya’s debt by more than $3 billion from pre-filing levels;
- The settlement and transfer to PBGC of Avaya’s obligations under the APPSE;
- Avaya’s continued support of its obligations under the Avaya Pension Plan (“APP”); and
- Initiation of steps to enable Avaya to emerge from chapter 11 as a public company.
“We are very pleased to have reached these agreements with these key stakeholders in our restructuring process, the Ad Hoc First Lien Group and PBGC,” said Kevin Kennedy, President and Chief Executive Officer of Avaya. “This is an important milestone in the chapter 11 process and marks Avaya’s progress toward our goal of emerging a stronger, more competitive company. Further, we believe this is a positive and beneficial outcome for our stakeholders. With a creditor-supported and confirmable Plan of Reorganization in place, we now have a clear and viable path to emerge from chapter 11 in the near term.”
Avaya will continue to work to build consensus and gain the support of other stakeholders. Avaya will seek approval of its revised disclosure statement and the PSA at its scheduled court hearing on August 23, 2017.
Avaya Inc. has released a statement today, August 7, 2017, announcing it has entered into a Plan Support Agreement (the “PSA”) with holders of over 50% of its first lien debt following its chapter 11 filing earlier this year.
Ronald Rubens, Vice President for Northern Europe, Avaya, said that while Avaya Inc. has been working through the chapter 11 process in the US, the business in Northern Europe has progressed strongly:
“This agreement provides a clear and viable path to exit chapter 11 in line with our strategy. This is an important milestone as we work to emerge as a strong and competitive company in the coming weeks.
“Business in region is proving positive – we have seen successive growth in the last three quarters and signed large projects with Government, Financial Services Institutions, Emergency Services and service providers across Northern Europe. Specific to the UK, we have added over 10,000 seats on our cloud ‘Powered By’ platforms in the last few months, and June saw our fastest growth to date.”
“We take great pride with the level of confidence and support that we continue seeing from our customers and partners in Northern Europe.”
The story so far:
- What next for the new Avaya? UC Today Exclusive
- Avaya Files a Plan with Bankruptcy Court
- Avaya Slammed for Bankruptcy Bonus Plans
- Avaya Update: After Chapter 11 What will Happen to Avaya in the UK?
- Avaya Seeks $3.7 Million for Executive Bonuses During Bankruptcy
- Avaya Networking Sell Off Approved By Bankruptcy Court
- Avaya Could Emerge From Bankruptcy By Summer
- Could Avaya’s Debt be Too Much to Handle?
- Avaya enters Chapter 11 – a very sad day in Comms