NEW YORK, April 23 (Reuters) - Apparel retailer Express
said on Tuesday that it needs to move quickly to a bankruptcy
sale in order to avoid a complete liquidation of its business.
Express filed for bankruptcy protection on Monday with a
non-binding agreement to sell most of its retail stores and
operations to a consortium led by equity investor WHP Global and
Express's two largest landlords. At the company's first
appearance in Wilmington, Delaware's bankruptcy court, Express's
attorney Emily Geier at Kirkland & Ellis said that the company
is racing to finalize that sale agreement within 30 days.
"We are going to try to get this done right, and we are
going to move very quickly because we really only get one shot,"
Geier told U.S. Bankruptcy Judge Karen Owens.
If Express cannot finalize a sale agreement within 30 days,
it is prepared to pivot to a liquidation of its business rather
than pursue a lengthy bankruptcy that racks up significant legal
fees while keeping its employees, clothing suppliers and other
stakeholders in a state of uncertainty, Geier said.
Express, which also owns the Bonobos and UpWest brands, has
9,300 employees and more than 500 retail locations in the United
States. The company intends to close at least 100 unprofitable
locations during its bankruptcy, according to its court filings.
Brand management firm WHP Global, which owns Toys "R" Us and
fashion labels such as Anne Klein, took a 7.4% stake in Express
last year. The WHP-led consortium plans to acquire the Express
and Bonobos brands and maintain at least 280 retail locations,
without acquiring the UpWest brand, according to court
documents.
Express entered bankruptcy with about $189 million in funded
debt, and it said the largest factor in its bankruptcy was the
long-term decline in foot traffic at U.S. shopping malls.
The case is In re Express Inc, U.S. Bankruptcy Court for the
District of Delaware, No. 24-10831.
For Express Inc: Joshua Sussberg and Emily Geier of Kirkland
& Ellis, among others.
Read more:
Apparel retailer Express files for US bankruptcy protection,
to close over 100 stores