ERICKSON INCORPORATED (NASDAQ:EACIQ) Files An 8-K Other Events
Item 8.01
Other Events.
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As previously disclosed, on November 8, 2016, Erickson
Incorporated (the Company) and its subsidiaries (collectively
with the Company, the Debtors) filed voluntary petitions in the
United States Bankruptcy Court for the Northern District of
Texas, Dallas Division (the Bankruptcy Court) seeking relief
under Chapter 11 of Title 11 of the United States Code. The
Chapter 11 cases are being jointly administered under the caption
In re Erickson Incorporated, et al, Case No. 16-34393 in the
United States Bankruptcy Court for the Northern District of
Texas, Dallas Division.
Incorporated (the Company) and its subsidiaries (collectively
with the Company, the Debtors) filed voluntary petitions in the
United States Bankruptcy Court for the Northern District of
Texas, Dallas Division (the Bankruptcy Court) seeking relief
under Chapter 11 of Title 11 of the United States Code. The
Chapter 11 cases are being jointly administered under the caption
In re Erickson Incorporated, et al, Case No. 16-34393 in the
United States Bankruptcy Court for the Northern District of
Texas, Dallas Division.
On November 29, 2016, the Debtors filed with the Bankruptcy Court
syndication procedures (the DIP Syndication Procedures) to which
certain holders of the Companys 8.25% Second Priority Senior
Secured Notes due 2020 (Second Priority Notes) are being afforded
the opportunity to subscribe to provide financing as lenders
under the Companys debtor-in-possession loan facility (the DIP
Term Facility). The filing with the Bankruptcy Court and the
attached Syndication Procedures are attached as Exhibit 99.1 to
this Current Report on Form 8-K and incorporated by reference
herein.
syndication procedures (the DIP Syndication Procedures) to which
certain holders of the Companys 8.25% Second Priority Senior
Secured Notes due 2020 (Second Priority Notes) are being afforded
the opportunity to subscribe to provide financing as lenders
under the Companys debtor-in-possession loan facility (the DIP
Term Facility). The filing with the Bankruptcy Court and the
attached Syndication Procedures are attached as Exhibit 99.1 to
this Current Report on Form 8-K and incorporated by reference
herein.
On December 2, 2016, the Bankruptcy Court entered a final order
approving the DIP Term Facility (the Final DIP Order). As
authorized by the Final DIP Order, the Company began soliciting
participation in the DIP Term Facility by eligible holders of the
Second Priority Notes on December 8, 2016. The opportunity to
participate expires at 5:00 p.m., New York City time, on December
19, 2016 unless extended or earlier terminated by mutual
agreement of the Backstop Parties, the Company and the agent
under the DIP Term Facility.
approving the DIP Term Facility (the Final DIP Order). As
authorized by the Final DIP Order, the Company began soliciting
participation in the DIP Term Facility by eligible holders of the
Second Priority Notes on December 8, 2016. The opportunity to
participate expires at 5:00 p.m., New York City time, on December
19, 2016 unless extended or earlier terminated by mutual
agreement of the Backstop Parties, the Company and the agent
under the DIP Term Facility.
Participation in the opportunity is limited to an eligible holder
of the Second Priority Notes that is an entity that is (i) either
(A) a Qualified Institutional Buyer, as such term is defined in
Rule 144A under the Securities Act or (B) an Institutional
Accredited Investor within the meaning of Rule 501(A)(1), (2),
(3) or (7) under the Securities or an entity in which all of the
equity investors are such institutional Accredited Investors,
(ii) a beneficial holder of Second Priority Notes on December 2,
2016, (iii) not the Company or an affiliate of the Company and
(iv) a Backstop Party (as defined in the Final DIP Order).
of the Second Priority Notes that is an entity that is (i) either
(A) a Qualified Institutional Buyer, as such term is defined in
Rule 144A under the Securities Act or (B) an Institutional
Accredited Investor within the meaning of Rule 501(A)(1), (2),
(3) or (7) under the Securities or an entity in which all of the
equity investors are such institutional Accredited Investors,
(ii) a beneficial holder of Second Priority Notes on December 2,
2016, (iii) not the Company or an affiliate of the Company and
(iv) a Backstop Party (as defined in the Final DIP Order).
The full text of the press release issued in connection with the
Companys commencement of solicitation for participation in the
DIP Loan Facility is furnished as Exhibit 99.2 to this Current
Report on Form 8-K.
Companys commencement of solicitation for participation in the
DIP Loan Facility is furnished as Exhibit 99.2 to this Current
Report on Form 8-K.
Item 9.01
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Financial Statements and Exhibits.
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(d)
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Exhibits.
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99.1
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Syndication Procedures, dated November 29, 2016.
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99.2
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Press Release, dated December __, 2016.
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