Crumbs Receives Approval of First Day Motions and Outlines Bid Procedures in 363 Sale
19 July 2014 - 1:11AM
Business Wire
Crumbs Bake Shop, Inc. ("Crumbs")(OTC Pink:CRMB), a New York
based cupcake specialty store chain, today announced that the U.S.
Bankruptcy Court for the District of New Jersey has approved all of
the First Day Motions related to its voluntary Chapter 11 process
initiated July 11, 2014 and outlined bid procedures that the
Company will ask the Court to approve in connection with a
Court-supervised auction process under Section 363 of the
Bankruptcy Code.
“This is an important milestone in the Chapter 11 process, and
we thank the Court for its careful consideration of our requests,”
said Edward M. Slezak, Crumbs Chief Executive Officer and General
Counsel. “We are confident that Crumbs is taking the right steps to
protect the brand and position the Company for long-term success.
We are evaluating the Company’s retail strategy with the goal of
reopening select Crumbs locations. Further, we intend to take time
during this process to continue the strategy our team had put in
place in the past year focused on licensing and franchising
opportunities, given the success we had in signing new licensees
for our baked goods, as well as introducing new products including
Crumbs branded bake mix, bakeware, coffee and gourmet popcorn.”
Mr. Slezak continued, “After carefully evaluating opportunities
to strengthen Crumbs’ financial position, we continue to believe
that pursuing a sale transaction through this process will ensure a
strong future for the Crumbs brand and business. By evaluating all
offers for Crumbs through a Court-supervised auction process, we
can be sure we are achieving the best possible outcome for the
business and our stakeholders.”
The First Day motions approved by the Court collectively will
enable Crumbs to maintain current operations as it pursues a sale
through the Chapter 11 process. Among the approved motions, the
Court granted Crumbs access to debtor in-possession (“DIP”)
financing from Lemonis Fischer Acquisition Company, LLC, a joint
venture created by Marcus Lemonis LLC and Fischer Enterprises,
L.L.C., to help ensure the Company is able to continue meeting its
financial obligations throughout the Chapter 11 case. The Court
also approved motions giving Crumbs authority to, among other
things, pay employee wages and benefits as usual throughout the
Chapter 11 process. Additionally, Crumbs was granted approval to
close certain retail locations.
The Company also today outlined the sale transaction timeline
that it will formally present to the Court on July 24, 2014,
including proposed bid procedures and an expected date for an
auction and sale hearing that will determine the best offer to
acquire substantially all of Crumbs assets. As part of the Chapter
11 process, other potential buyers will have the opportunity to
submit bids to acquire Crumbs, with Crumbs set to ask the Court to
approve a bid deadline of August 19, 2014. If other qualified bids
are received ahead of the deadline, those will be evaluated by
Crumbs, its advisors and the Court in a Court-defined “auction”
process. This auction process is required for sale transactions
completed through a Chapter 11 case to ensure the maximum value is
achieved.
Crumbs previously announced July 11, 2014 that it had filed
voluntary Chapter 11 petitions in the United States Bankruptcy
Court for the District of New Jersey to facilitate a sale of the
business and to restructure its balance sheet. The Company reached
an agreement for Lemonis Fischer Acquisition Company to provide an
initial stalking horse bid in the Court-supervised auction process
under Section 363 of the Bankruptcy Code. The Company hopes to
complete the sale process in approximately 60 days, pending receipt
of the necessary approvals from the Bankruptcy Court.
Interested parties can access additional information about the
Company’s chapter 11 filing and sale process at
http://cases.primeclerk.com/crumbs.
About Crumbs
The first Crumbs bake shop opened in March 2003 on the Upper
West Side of Manhattan and is well known for its innovative and
oversized gourmet cupcakes.
Crumbs Media Contact:Leigh ParrishFTI
Consulting212-850-5651leigh.parrish@fticonsulting.com
Crumbs Bake Shop (CE) (USOTC:CRMBQ)
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