NEW YORK, March 28 (Reuters) - Rite Aid ( RADCQ ), one of the
largest U.S. pharmacy chains, received permission from a U.S.
judge on Thursday to begin voting on a bankruptcy restructuring
plan that would turn over most of the company's equity to its
bondholders, while still leaving open the possibility of a sale.
U.S. Bankruptcy Judge Michael Kaplan approved Rite Aid's ( RADCQ )
voting proposal at a court hearing in Trenton, New
Jersey, saying that the bankruptcy case needed to move quickly
to avoid further restructuring costs that could push the company
into liquidation.
"Every day engenders additional cost and risk," Kaplan said.
"We just don't have the luxury of kicking this can down the
road any more."
The company filed for bankruptcy in October, seeking to
address its high debt, shut down underperforming retail
locations, and sell off non-core business units.
Rite Aid's ( RADCQ ) bankruptcy plan, revised on Thursday, would cut
$2 billion in debt and provide $47.5 million to junior
creditors, including individuals and local governments who have
sued the company for allegedly ignoring red flags and illegally
filling prescriptions for addictive opioid medication.
Rite Aid ( RADCQ ), which has denied wrongdoing, is still finalizing
some of the settlements that are critical to the restructuring,
including an agreement that would resolve a U.S. Department of
Justice investigation into Rite Aid's ( RADCQ ) opioid sales.
But lawyers for the company said it is ready to solicit
votes from bondholders, who are the critical voting class in its
bankruptcy.
No other group will be entitled to vote in Rite Aid's ( RADCQ )
bankruptcy, and the bondholders' votes are due on April 15.
Kaplan said Rite Aid's ( RADCQ ) voting proposal was "unusual,"
because it did not allow any votes from creditors who are last
in line for repayment.
But he agreed with Rite Aid's ( RADCQ ) conclusion that the company
would not have enough money to pay those creditors after paying
higher-priority debt including bank loans and bonds.
Rite Aid ( RADCQ ) said in court papers that junior creditors would be
receiving $47.5 million as a "gift," which would not have been
possible without the settlements with higher-priority creditors.
Attorneys representing Rite Aid's ( RADCQ ) junior creditors,
including its opioid creditors, said that they supported the
settlements and they did not object to their clients' inability
to vote in the bankruptcy.
"The plan initially said that unsecured creditors are
getting nothing," said Arik Preis, an attorney representing
opioid victims in the case. "We're now getting quite a bit."
Rite Aid ( RADCQ ) and its creditors have not yet determined how the
$47 million allotment to junior creditors will be divided
between opioid victims and other creditors.
Junior creditors will also receive a 10% equity stake in the
reorganized Rite Aid ( RADCQ ), as well as the ability to pursue
additional recoveries through further litigation or insurance
payouts.
Bondholders are still interested in exploring a sale of the
company, and Rite Aid's ( RADCQ ) revised bankruptcy plan allows those
negotiations to continue in parallel with the restructuring,
according to Andrew Rosenberg, an attorney for bondholders
including include Brigade Capital Management, HG Vora Capital
Management, and J.P. Morgan Investment Management.
"The sales process is ongoing with multiple active and
engaged bidders," Rosenberg said at the hearing.
Rite Aid ( RADCQ ) expects to seek final court approval of its
restructuring on April 22. It received bankruptcy court approval
to sell its pharmacy benefit company, Elixir, in January.
(Reporting by Dietrich Knauth; Editing by Alexia Garamfalvi and
Costas Pitas)