Erickson Inc. opens DIP purchase option to Second Priority Note Holders
09 December 2016 - 9:49AM
Erickson Incorporated (NASDAQ:EAC) (the “Company”), a leading
global provider of aviation services, today announced the
commencement of a process to syndicate participation in a
debtor-in-possession term loan facility (the “DIP Term Facility”)
by eligible beneficial holders of Erickson’s 8.25% Second Priority
Senior Secured Promissory Notes due 2020 (“Second Priority Notes”)
as of December 2, 2016. Such eligible beneficial holders of
Second Priority Notes shall have the opportunity to purchase a
portion of $62,500,000 in aggregate principal amount of the DIP
Term Facility pursuant to certain syndication procedures (the
“Syndication Procedures”) established by Erickson, certain holders
of the Second Priority Notes that entered into a creditor support
agreement with the Debtors and certain other creditors of the
Debtors, and the agent under the DIP Term Facility. The
Syndication Procedures were filed on the docket of the United
States Bankruptcy Court for the Northern District of Texas (the
“Bankruptcy Court”) on November 29, 2016 at docket number
110. On December 2, 2016, the Bankruptcy Court entered into a
final order granting final approval of the DIP Term Facility (the
“Final DIP Order”), and pursuant to the Final DIP Order, Erickson
has been authorized to assist in the syndication of the DIP Term
Facility in accordance with the Syndication Procedures.
Participation in the opportunity is limited to an eligible
holder of the Second Priority Notes (including each Backstop Party
(as defined in the Final DIP Order)) 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” under the
Securities Act, (ii) a beneficial holder of Second Priority Notes
on December 2, 2016, and (iii) not the Company or an affiliate of
the Company and (iv) a Backstop Party (as defined in the Final DIP
Order).
Pursuant to the Syndication Procedures, the syndication process
shall begin on December 8, 2016 and expire 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. Detailed information
concerning eligibility for participation in the DIP Term Facility
syndication, the requirements and process for participation, and
various relevant deadlines in connection with the syndication are
set forth in the Syndication Procedures.
Holders of Second Priority Notes may obtain copies of the
Syndication Procedures and related documents upon request to
Erickson’s Information Agent, Kurtzman Carson Consultants, 1290
Avenue of the Americas, 9th Floor, New York, NY 10104, Attn:
Erickson Incorporated, Telephone: (917) 281-4800, Email:
ericksondip@kccllc.com.
About Erickson
Erickson is a leading global provider of aviation services and
operates, maintains and manufactures utility aircraft to safely
transport and place people and cargo around the world. The
Company is self-reliant, multifaceted and operates in remote
locations under challenging conditions specializing in Global
Defense and Security, Manufacturing and MRO, and Commercial
Services (comprised of firefighting, HVAC, power line,
construction, timber harvesting, oil and gas and specialty lift).
With roots dating back to 1960, Erickson operates a fleet of
approximately 69 aircraft, is headquartered in Portland, Oregon,
USA, and operates in North America, South America, Europe, the
Middle East, Africa, Asia Pacific, and Australia. For more
information, please visit our website at www.ericksoninc.com.
This press release contains certain statements
relating to future results (including, without limitation,
“believe,” “may,” “estimate,” “continue,” “anticipate,” “intend,”
“plan,” “expect,” “predict”), which are forward-looking statements
as that term is defined in the Private Securities Litigation Reform
Act of 1995. These forward-looking statements are based on beliefs
of Company management, as well as assumptions and estimates based
on information currently available to the Company, and are subject
to certain risks and uncertainties that could cause actual results
to differ materially from historical results or those anticipated,
including certain other risks or uncertainties more fully described
under the heading “Risk Factors” in our most recently filed Annual
Report on Form 10-K as well as in the other reports we file with
the SEC from time to time, which are available at the SEC’s web
site located at http://www.sec.gov. You should not place undue
reliance on any forward-looking statements. The Company assumes no
obligation to update any forward-looking statements to reflect
events or circumstances after the date of such statements or to
reflect the occurrence of anticipated or unanticipated events.
Contact
Susan Bladholm—Media
(971) 255-5023, sbladholm@ericksoninc.com
Zachary Cotner—Investor Relations
(503) 505-5804, zcotner@ericksoninc.com
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