American
Apparel, the onetime arbiter of made-in-America cool, filed for
bankruptcy protection early Monday, its business crippled by huge debts, a
precipitous fall in sales, employee strife and a drawn-out legal battle with
the retailer’s ousted founder, Dov Charney.
The Chapter 11 petition, approved by the board, was filed in
federal bankruptcy court in Delaware. The filing followed a deal struck with
most of American
Apparel’s secured lenders to reduce the retailer’s debt through a
process known as a debt-for-equity conversion, where bondholders swap their
debt for shares in the company.
The deal, which includes extra financing from the participating
bondholders, would enable American Apparel to keep its manufacturing operations
in Los Angeles and its 130 stores in the United States open, the company said. No layoffs were announced in the filing, which still requires approval by the bankruptcy court. The retailer’s overseas operations are unaffected by the restructuring, which American Apparel expects to complete within six months.
Still, the bankruptcy
would wipe out American Apparel’s current shareholders, including Mr. Charney,
whose stake in the retailer, which he founded in 1989, was worth about $8.2
million as of Friday. It would instead put the company’s creditors in full
control, including Standard General, the little-known hedge fund that is also
leading the turnaround at RadioShack, which went bankrupt in February.
American Apparel and
RadioShack join numerous peers that have succumbed to intense retail
competition. Some analysts say that the United States simply has too many
brands — and too many brick-and-mortar stores — chasing consumer spending that
is growing sluggishly at best.
Stores that cater to
teenagers, like American Apparel, Abercrombie & Fitch and Aeropostale, have
especially struggled in the face of an onslaught of “fast-fashion” labels and
an increasingly fickle demographic more interested in the latest app or device
than a pair of jeans. In the past year, Wet Seal, Deb Shops, Delia’s and Body
Central have all gone under.
American Apparel’s own
bankruptcy had become inevitable, as the retailer posted quarter after quarter
of steep losses. Its sales fell 17 percent in the second quarter compared with
last year, a slump attributed to a dearth of new styles. American Apparel’s
losses over the last five years have topped $340 million, and it has lost $45
million more this year.
The New York Stock
Exchange warned last week that American Apparel was at risk of being delisted,
saying it had suffered losses so substantial, and its financial condition had
become so impaired that it was questionable whether the retailer could stay in
business. At the close of markets on Friday, its shares were worth just 11
cents.
A $13.9 million interest
payment due on Oct. 15 had loomed large on the horizon; as of mid-August,
American Apparel had just over $11 million in cash on hand. The shortfall
prompted the company itself to warn it may not have enough capital to cover its
costs over the next year.
Under the financing
agreement, five American Apparel bondholders would convert some $200 million in
bonds into equity in the reorganized company. Participating bondholders would
also provide $90 million in debtor-in-possession financing, as well as $70
million in new liquidity.
The fresh financing would
reduce American Apparel’s debt to $120 million from $311 million, and its
annual interest expenses would fall by $24 million, the company said. The
participating bondholders are Standard General, Monarch Alternative Capital,
Coliseum Capital, Goldman Sachs Asset Management and Pentwater Capital
Management, all hedge funds or investment firms specializing in distressed
debt. Together, they represent 95 percent of the retailer’s secured lenders.
Bankruptcy proceedings
would also temporarily delay numerous lawsuits against the company, giving its
management some breathing room to get the company’s financial house in order.
The retailer had been in the middle of a turnaround plan that included
freshening up its product lineup, overhauling its supply chain and reining in
American Apparel’s notoriously risqué advertising.
Paula Schneider, a longtime
retail executive brought in last year to salvage American Apparel’s ailing
operations, is expected to stay on as chief executive through the bankruptcy
proceedings.
In an interview on
Sunday, Ms. Schneider said that free of its crippling debt and interest
payments, American Apparel could finally put that turnaround plan into action.
The retailer was able to bring to the store only 15 to 20 percent of its
planned lineup for the fall season, because it could not afford to do more, she
said.
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