Owners of Scripps Proton Therapy Center File for Bankruptcy

As Reported in San Diego Business Journal |March 2, 2017

The owner of Mira Mesa’s 3-year-old Scripps Proton Therapy Center has filed for Chapter 11 bankruptcy protection after failing to attract and receive reimbursement for treating a sufficient number of patients.

California Proton Treatment Center LLC said it has arranged a $16 million bridge loan it will use to continue operations at the $225 million facility managed by Scripps Health.

“Our doors will remain open to administer highly specialized cancer therapies, and a patient ombudsman will ensure that our transition to a new organizational framework won’t affect patients or staff,” CPTC’s chief restructuring officer, Jette Campbell, said in a news release.

Proton therapy is a form of precisely targeted radiation proponents say focuses on tumors while sparing surrounding tissue that might be damaged by conventional X-ray therapy. There are three such facilities in California and at least two dozen nationwide.

The bankruptcy filing came six months after Scripps increased the number of patients it treats at the center without receiving prior authorization by health plans. Scripps officials said in November the move led to a 15 percent to 20 percent increase in patient volume at the five-room, 102,000-square-foot facility.

Scripps said at the time it was directing more resources to pressuring private insurers to approve proton therapy treatments that can cost $60,000 or more.

CPTC said in a November statement patient access to the therapy had “steadily increased, and our outlook is positive.”

Scripps President and CEO Chris Van Gorder said he did not know about plans for the bankruptcy filing until after it happened, but that the health care system had been anticipating such a move for months because of CPTC’s “enormous amount of debt.”

“Scripps knew that this was a high-risk venture from the very beginning,” he said.

Van Gorder added that shortly before the center’s opening in 2014, commercial insurers shifted away from proton therapy toward a form of conventional treatment that uses a narrow beam of radiation. He said Scripps continues to believe proton therapy is the more effective therapy, largely because protons stop at the target site rather than continuing through a patient’s body.

He said Scripps has no financial exposure to CPTC’s bankruptcy, and that the health system only leases and operates it.

Lately, patient volume at the center has averaged 70 at any given time, even as more than 200 calls per month come in from people interested in receiving treatment there, Van Gorder said, adding that the facility needs a steady flow of 130 to 140 patients to thrive.

Scripps said in a written statement CPTC has asked the San Diego-based health-care system to continue treating patients at the center according to their contractual agreement.

The center’s medical director, Dr. Carl Rossi, said in CPTC’s March 1 news release the bankruptcy filing will “enhance our operations and allow us to administer our advanced proton therapy care to a wider spectrum of patients.” It was unclear from the release how the financial restructuring would accomplish those goals, and Van Gorder said he assumed Rossi was simply referring to expectations the center would continue to operate.

CPTC’s financial struggles surfaced Jan. 25 in a news release by Varian Medical Systems, a Palo Alto-based cancer technology manufacturer. The company said it had taken a $76 million charge relating almost exclusively to CPTC’s indebtedness to Varian and “lower than expected patient volumes that are insufficient to support CPTC’s capital structure.”

Varian’s CEO, Dow Wilson, said his company believes the proton therapy center can get on a more solid financial footing by “serving a broader patient population with additional health care providers locally and regionally.”

In September 2011, Varian and Dallas-based ORIX Capital Markets LLC agreed to loan up to $165.3 million to CPTC to fund the development, construction and initial operations of the Scripps Proton Center.

In November 2015, the two companies entered into a forbearance agreement, together with J.P. Morgan Chase Bank, which had assumed $45 million of the original loan, to delay receiving principal and interest payments until April 2017, subject to certain conditions.

Then, in January, Varian said it was informed CPTC and its loan agent had taken steps to address liquidity problems at CPTC. Varian’s analysis then was that these actions would “likely result in a serious liquidity event at CPTC, possibly leading to insolvency or bankruptcy proceedings at CPTC.”

In response, Varian decided to impair $38 million of the $98 million, including $29 million in accrued interest, still owed to the company by CPTC.

Loughlin Management Partners has been retained as financial advisor to the Senior Lender’s on this matter.

Erickson Inc. plan of reorganization confirmed by bankruptcy court

As first reported at Erickson Incorporated |March 21, 2017

Erickson’s restructuring will reduce the company’s pre-bankruptcy debt by more than $400 million upon emergence. In order to improve its capital structure and finance its exit from bankruptcy, Erickson was able to (i) obtain a commitment for an asset-based lending facility with a borrowing capacity of up to $150 million, led by MidCap Financial Trust, (ii) reach an agreement on non-cash repayment for $69.8 million in financing obtained during the bankruptcy, and (iii) secure a backstopped $20 million rights offering.

“These financial commitments demonstrate the creditor interest and support in restructuring Erickson’s financial affairs, servicing customer contracts, and enabling Erickson to continue operating well into the future. I am pleased and appreciative of our employees, customers and stakeholders who have supported us throughout this challenging process,” said Erickson president and CEO Jeff Roberts.

With the overwhelming support of all classes of creditors entitled to vote on the plan, Erickson will emerge from bankruptcy with the ability to grow its existing business segments of civil aviation, global defense and security, and manufacturing and maintenance, repair and overhaul (MRO).

“Erickson is extremely satisfied with this quick and successful outcome,” said Erickson CFO David Lancelot. “Erickson’s successful restructuring would not have been possible without the strong support of our funded debtholders and aircraft lessors. The financial impact of this approved plan is very positive and allows us to be far more strategic to compete in the competitive landscape. Haynes and Boone, LLP is Erickson’s restructuring counsel and other restructuring professionals included Imperial Capital, LLC and Alvarez and Marsal North America, LLC.

RadioShack Files for Bankruptcy (Again), Closing 200 Stores

As first reported in InvestorPlace |Mar 9, 2017 |12:43 pm EDT

General Wireless, which operates as RadioShack, is filing for bankruptcy again just two years after it came out of its last bankruptcy.

RadioShack says that it will be closing 200 of its stores at it enters Chapter 11 bankruptcy protection. This will leave it with 1,300 stores still open and it plans to evaluate what to do with these locations.

RadioShack notes that it many choose to keep its remaining 1,300 stores open on an ongoing basis. It claims that this may be the best way to maximize value for creditors. However, it also says it will explore other strategic options.

RadioShack says that it was making efforts toward returning to profitability after coming out of its bankruptcy two years ago. This includes reducing operating expenses by 23% in 2016 and gross profit dollars going up by 8% during that year. However, it still had problems.

“For a number of reasons, most notably the surprisingly poor performance of mobility sales, especially over recent months, we have concluded that the Chapter 11 process represents the best path forward for the Company,” Dene Rogers, President and CEO of RadioShack , said in a statement. “We will continue to work with our advisors and stakeholders to preserve as many jobs as possible while maximizing value for our creditors.”

RadioShack points out in its bankruptcy announcement that Sprint Corp (NYSE:S) was its partner responsible for managing its mobility business. General Wireless is a joint venture between Sprint and Standard General.

RadioShack says that it will post additional information concerning the bankruptcy on its website. Legal documents will be available on the Prime Clerk website. Prime Clerk is the company’s claims agent. It is also getting legal advice from Pepper Hamilton LLP and Jones Day.

Loughlin Management Partners has been retained to serve as financial advisor to General Wireless.

PROCURE PROTON THERAPY NEW JERSEY CELEBRATES FIVE YEARS OF SERVICE TO CANCER COMMUNITY

As first reported at www.procure.com |March 21, 2017

SOMERSET, N.J. (March 21, 2017) – Yesterday, ProCure Proton Therapy Center in Somerset, N.J., celebrated its five-year anniversary. As the first proton treatment center in the tri-state area and the 10th facility in the nation, ProCure is proud to have connected cancer patients and their families, from New Jersey and across the globe, with this life-changing treatment.

Proton therapy is an advanced form of radiation that destroys cancer cells by preventing them from dividing and growing. Unlike standard X-ray radiation, it uses protons – positively charged sub-atomic particles – which precisely target tumors. Proton therapy reduces the risk of damage to healthy tissue and organs near the tumor, and potentially allows patients to receive higher, more effective doses of radiation, but with fewer side effects.

Much to celebrate, and to honor
The anniversary converges with another important ProCure milestone: two weeks ago, the Center graduated its 2,500th patient. To celebrate, new and past graduates, alongside friends, family and ProCure staff, gathered together at the Center for a special graduation ceremony that honored the patient journey and the fight against cancer. The afternoon was rife with inspiring speeches, positive energy and a steadfast sense of community; it was a quintessential ProCure event.

Former ProCure patient Bob Jones is no stranger to these special ProCure moments. Five years ago, he entered the Center seeking treatment for prostate cancer, and was ultimately deemed cancer-free after 44 sessions and countless friendships formed. Bob was the 10th patient to graduate from ProCure, and has been an active member of the Patient Ambassador program since – attending graduations most weeks, sharing his story with others and lending advice to men facing prostate cancer.

“My experiences here in the span of five years – both as a patient and a friend of the Center – have been exceptional. The team here is kind, generous and compassionate, and I’m fortunate to be able to pay it forward through my role as an Ambassador,” Bob reflects. “It’s hard to explain the magic of this place to those unfamiliar – but it’s real, and it’s genuine, and patients are lucky enough to experience it while fighting cancer.”

Victor Lawson, another patient from the first class of 2012 graduates, also treated for prostate cancer, echoes many of Bob’s sentiments: “For me, ProCure played a critical role in my cancer treatment journey. In addition to offering me such great care five years ago, every time I return I’m greeted with the same welcoming atmosphere as when I first walked through the front doors on day one. The connections I’ve made here, both with staff and other patients, will remain my most fond memories of ProCure.”

ProCure’s first-ever patient graduate, Frank Mackinson, who was treated for a plasmacytoma of the skull base, adds, “They raise the bar tremendously as far as care and personalization goes. Since I’ve completed treatment at ProCure, it has been a joy to return to this pleasant facility and supportive community.”

Best-in-class treatment and services
ProCure New Jersey is the only proton therapy center in the metro NY/NJ area equipped with pencil beam scanning (PBS) – the most advanced proton therapy technology available today. The technique moves a proton beam of pencil-point sharpness back and forth across each layer of a tumor’s thickness and paints the tumor with radiation in three dimensions, rendering it ultra-precise and ideal for tumors located next to critical organs, such as those in the prostate, lungs, brain, head and neck, among others. PBS is also effective for pediatric cancers, where sparing healthy tissue is especially important for healthy development. ProCure’s PBS technology expands the center’s ability to treat difficult and complicated tumors, and is reflective of its commitment to continually advance cancer treatment options.

Over the past five years, ProCure has also worked closely with patients and their families to create tailor-made treatment plans that address each patient’s unique needs. The range of support available to patients extends from traditional care and pushing technological boundaries to insurance and financial counselors, a special pediatric playroom for patients and children of patients, and a concierge program to address personal needs like local accommodations.

“In the five years that ProCure’s been around, what’s struck me the most – in addition to our scientific capabilities – was how we’ve elevated patient needs and comfort as paramount values,” states Brian Chon, MD, treating oncologist and Medical Director of the Center. “The team goes above and beyond to make each person who walks through our doors feel like an individual — not just a cancer patient, not just an anonymous case file. It’s simply in the fabric of our culture.”

Dr. Chon continues, “We’re proud to have brought the unique properties of proton therapy to a diverse group of tumor types and cancer patients over these last five years. We will use this milestone to reflect on where we’ve been, how far we’ve come, and how we will work tirelessly to help our patients and the cancer community in the future.”

LM+Co Capital’s Q1 2017 Newsletter


We are pleased to present LM+Co Capital’s Q1 2017 Middle-Market Update. This newsletter offers a recap of 2016 activity and an overview of key trends impacting current US Mergers and Acquisitions (M+A) and Capital Markets.

 

*LM+Co Capital is an independently operated affiliate of LM+Co. A licensed broker dealer, LM+Co Capital is registered with FINRA, SIPC.

FINANCE MONTHLY: Valuing Gas + Oil Assets

Whether in court or out of court, in most restructuring situations involving stakeholders with various claims to a Company’s assets, the valuation of these assets is a critical component. In restructurings involving oil and gas reserves, the valuation analyses are often more complex because of the technical data and skillset required to value these reserves.

Using their recent work on the Energy XXI case as a backdrop; LM+Co’s Managing Director, Aaron Kibbey and Associate, Brian Bostwick, along with HJ Gruy and Associates’ Robert Rasor, outline the complexities and key considerations when valuing gas and oil assets in the February 2017 issue of Finance Monthly.

DOWNLOAD PDF Finance Monthly valuing oil gas assets the complexities and key considerations

DEBTWIRE PODCAST: EPL Oil & Gas Noteholder Advisors Address Energy XXI Litigation Disputes

In the wake of Energy XXI’s December 30, 2016 plan effective date, WilmerHale bankruptcy and financial restructuring co-chair Phil Anker, Loughlin Management Partners managing directors Aaron Kibbey and John Sordillo, and H.J. Gruy and Associates executive vice president Robert Rasor joined Debtwire legal analyst Richard Goldman for an in-depth discussion on the litigation tactics these advisors employed to protect the interests of, and increase recoveries for, an ad hoc committee of EPL Oil & Gas noteholders. During their conversation, the expert panel addressed an inter-debtor cash collateral dispute that arose in the early days of the Chapter 11 case, the committee’s efforts to recharacterize, subordinate and disallow almost USD $1b in intercompany transfers, and proposed best practices when attempting to value oil and gas assets in support of plan confirmation.


LISTEN TO THE PODCASTKey Topic Time Stamps
06:26 Case background, capital structure and Chapter 11 descent discussion.
16:55 Cash collateral discussion.
29:15 Intercompany transfer discussion.
1:03:11 Asset valuation discussion.


 

COURT: Erickson judge grants interim approval of DIP financing, operational motions at first day hearing

As first reported in Debtwire10 November 2016 | 17:12 EST

The bankruptcy judge overseeing the Chapter 11 case of Erickson Inc today approved the company’s first day motions, including use of its two debtor-in-possession (DIP) financing facilities.

Judge Harlin “Cooter” Hale of the US Bankruptcy Court for the Northern District of Texas approved the helicopter services provider’s motions to pay employee wages, cash management and retention of Kurtzman Carson Consultants (KCC) as claims agent. The judge did not set a “second day” hearing for final approval of today’s motions.

Erickson filed for Chapter 11 on 8 November with USD 66.67m in term loan DIP financing from its second lien lenders and another DIP from its first lien lenders that will partially roll up USD 130m in first lien debt. The DIP requires the company to confirm a reorganization plan by 7 April 2017. Debtor counsel Kenric Kattner of Haynes & Boone said today that the company is taking a three-pronged approach to its reorganization: reduce costs, restructure its balance sheet and determine what, if any, aircraft leases it will reject.

The company met resistance to its DIP financing from the office of the US Trustee, who took issue with a provision that would have the company make a USD 14.2m payment to perform under a contract with Military Sealift Command, the transportation provider for the US Department of Defense. The trustee said that the debtor had not taken the proper steps to make the payment, and that the company was essentially assuming a lease on the first day without actually filing a motion to do so.

The parties broke this afternoon to negotiate and returned with an agreement that will approve the DIP on an interim basis, though the details of the deal were not revealed.

The term loan DIP comes from holders of the company’s USD 355m 8.25% second lien notes due 2020, while Wells Fargo is agent on the first lien debt and the revolver DIP. The financing requires the company to win final DIP approval by 12 December, confirm a Chapter 11 plan by 7 April and put a plan into effect by 17 April.

The 8.25% notes last traded today at 37.75, down from 44.5 a month ago, according to MarketAxess.

Essential Debt Financings Guide For Borrowers

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There is definitely no “one size fits all” when it comes to investment bankers.  An experienced investment banker can help guide a company in choosing the best solution to address its specific capital needs. 

LM+Co’s Guide to Middle Market Debt Financings provides an overview of the various debt financing instruments and related capital providers in today’s middle market and highlights important considerations for potential borrowers prior to a refinancing or recapitalization. Download our article to read more.

Capabilities That Maximize Value

Loughlin Management Partners is proud to share some of our recently completed engagement summaries. These success stories, whether the focus was on Performance Improvement, Private Equity Value Creation, Restructuring  or Corporate Finance, offer a snapshot of both the breadth of LM’s services and the results we achieve for our clients.

Please download our Capability Fact Sheet and read about Our Recent Success Stories to learn more!

 

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