BUSINESS FAILURES – AUSTRALIA

WIN headed to court over Ten creditor report

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Original article by Max Mason
The Australian Financial Review – Page: 13 & 19 : 7-Sep-17

Ten Network administrator KordaMentha has issued a statement asserting that its creditors’ report is "comprehensive and compliant". The firm has rejected a request to delay the second meeting of creditors, prompting WIN Corporation to seek a court ruling in the Supreme Court of New South Wales. Lachlan Murdoch, 21st Century Fox and WIN owner Bruce Gordon claim that the KordaMentha report lacks sufficient information for Ten’s creditors to decide whether to support the network’s sale to CBS. The creditors’ meeting is scheduled to be held on 12 September.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, KORDA MENTHA AND COLLEAGUES PTY LTD, WIN CORPORATION PTY LTD, 21ST CENTURY FOX INCORPORATED, CBS CORPORATION, SUPREME COURT OF NEW SOUTH WALES, ATANASKOVIC HARTNELL CORPORATE SERVICES PTY LTD, BAKER AND McKENZIE, DENTONS, ILLYRIA PTY LTD, BIRKETU PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, MOELIS AND COMPANY

Fox missed deadline to help save Ten

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Original article by Max Mason
The Australian Financial Review – Page: 29 : 6-Sep-17

Ferrier Hodgson has indicated that Ten Network suitor CBS Corporation had agreed to a reduction in the price that Ten paid for its content in mid-June. However, the deal was dependent on 21st Century Fox also agreeing to cut the cost of its program supply deal. Fox was given a deadline of 13 June to accept the new terms for its supply deal, but the Murdoch-backed group failed to do so and Ten subsequently went into administration. The revised content supply deals were also conditional on Ten refinancing a $A200m loan facility with the Commonwealth Bank.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, CBS CORPORATION, 21ST CENTURY FOX INCORPORATED, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, FERRIER HODGSON AND COMPANY, KORDA MENTHA AND COLLEAGUES PTY LTD, FORT STREET ADVISERS PTY LTD, ILLYRIA PTY LTD, BIRKETU PTY LTD

Wipeout as SurfStitch into administration

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Original article by Sue Mitchell
The Australian Financial Review – Page: 19 : 25-Aug-17

Online skate and surfwear retailer Surfstitch has appointed FTI Consulting as administrators. Chairman Sam Weiss cited a number of reasons for the decision, including ongoing litigation with major shareholder Crown Financial. The first meeting of Surfstitch’s creditors is due to take place on 5 September. Surfstitch listed on the sharemarket in late 2014 with an issue price of $A1.00, and its shares peaked at $A2.12 in November 2015. However, the stock was trading at just $A0.068 when it was suspended in May 2017.

CORPORATES
SURFSTITCH GROUP LIMITED – ASX SRF, FTI CONSULTING PTY LTD, CROWN FINANCIAL PTY LTD, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, SURFSTITCH AUSTRALIA, STAB, SURFDOME, SWELL, MAGICSEAWEED, 333 CAPITAL PTY LTD, GADENS LAWYERS, QUINN EMANUEL URQUHART AND SULLIVAN LP, AMAZON PRIME, SURF HARDWARE INTERNATIONAL PTY LTD, GARAGE ENTERTAINMENT, DISTRICT COURT OF QUEENSLAND

Lone Star joins pack tuning into Ten

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Original article by Max Mason
The Australian Financial Review – Page: 29 : 31-Jul-17

About nine potential buyers of the Ten Network have obtained an information memorandum and signed a non-disclosure agreement. They are believed to include US private equity firm Lone Star Funds, which boasts some $US70bn ($A87.7bn) worth of assets under management. Oaktree Capital Management, hedge fund Anchorage Capital and CBS Corporation have also expressed interest in buying Ten. Indicative bids for the failed network must be submitted by late August.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, LONE STAR FUNDS, OAKTREE CAPITAL MANAGEMENT LLC, ANCHORAGE CAPITAL PARTNERS PTY LTD, CBS CORPORATION, FORTRESS INVESTMENT GROUP LLC, ASTRO JAPAN PROPERTY GROUP – ASX AJA, AWE LIMITED – ASX AWE, PPB ADVISORY, MOELIS AND COMPANY, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, 21ST CENTURY FOX INCORPORATED, ILLYRIA PTY LTD, BIRKETU PTY LTD, FOXTEL MANAGEMENT PTY LTD, NEWS CORPORATION – ASX NWS, TELSTRA CORPORATION LIMITED – ASX TLS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC

Court orders investigation into Ten administrators

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Original article by Patrick Durkin
The Australian Financial Review – Page: 16 : 19-Jul-17

The Federal Court has appointed insolvency firm Ferrier Hodgson to conduct an independent review of the fees paid by Ten Network to KordaMentha in the months prior to the TV broadcaster’s collapse. The move follows concerns that KordaMentha may have a conflict of interests in its role as administrator of Ten, given that co-founder Mark Korda had been acting as an adviser to Ten’s board since late February.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, KORDA MENTHA AND COLLEAGUES PTY LTD, FERRIER HODGSON AND COMPANY, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, GILBERT AND TOBIN LAWYERS, ARNOLD BLOCH LEIBLER, WIN CORPORATION PTY LTD

ASIC questions Korda’s Ten role

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Original article by Ben Butler
The Australian – Page: 19 : 18-Jul-17

The independence of KordaMentha as administrator of the Ten Network has come under scrutiny by the Australian Securities & Investments Commission and the Australian Restructuring Insolvency & Turnaround Association. The issue centres on KordaMentha’s role as an adviser to Ten prior to its collapse. ASIC and KordaMentha have supported a proposal for Peter Gothard of Ferrier Hodgson to undertake an independent investigation into whether the fees received by KordaMentha constituted a preference payment.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, KORDA MENTHA AND COLLEAGUES PTY LTD, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN RESTRUCTURING INSOLVENCY AND TURNAROUND ASSOCIATION, FERRIER HODGSON AND COMPANY, FEDERAL COURT OF AUSTRALIA, GILBERT AND TOBIN LAWYERS, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, BIRKETU PTY LTD, ILLYRIA PTY LTD, ATANASKOVIC HARTNELL CORPORATE SERVICES PTY LTD

Former uranium market darling calls in administrators

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Original article by Tess Ingram
The Australian Financial Review – Page: 13 : 4-Jul-17

Australian-listed Paladin Energy will seek a restructuring or recapitalisation after appointing administrators from KPMG. The move follows Paladin’s failure to secure a deal with Electricite de France to extend the deadline to repay $US200m plus interest of $US77m, which fell due on 10 July. The prepayment related to a long-term uranium supply contract, and the French utility rejected a proposed standstill agreement which would have given the debt-laden Paladin more time to pay.

CORPORATES
PALADIN ENERGY LIMITED – ASX PDN, ELECTRICITE DE FRANCE, KPMG AUSTRALIA PTY LTD, UBS HOLDINGS PTY LTD, CHINA NATIONAL NUCLEAR CORPORATION

Murdoch and Gordon may face multiple rivals for control of Ten

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Original article by Max Mason
The Australian Financial Review – Page: 3 : 27-Jun-17

There is speculation that the Commonwealth Bank could seek to have Ten Network placed in receivership in coming days. Meanwhile, Ten’s administrator Mark Korda has told the first creditors’ meeting that several local and offshore parties have expressed interest in buying or recapitalising Ten. CBS has been suggested as a possible buyer of Ten. Lachlan Murdoch and Bruce Gordon have been touted as likely buyers, but could not do so under existing media cross-ownership rules.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, KORDA MENTHA AND COLLEAGUES PTY LTD, CBS CORPORATION, ANCHORAGE CAPITAL PARTNERS PTY LTD, 21ST CENTURY FOX INCORPORATED, ENDEMOL SHINE AUSTRALIA PTY LTD, FREMANTLEMEDIA AUSTRALIA PTY LTD, METROWEATHER, STARCOM AUSTRALIA PTY LTD, CRICKET AUSTRALIA

Ten chairman sold down stake

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Original article by Darren Davidson
The Australian – Page: 23 : 26-Jun-17

Ten Network chairman David Gordon is likely to come under scrutiny amid revelations that he reduced his stake in the TV broadcaster from 247,500 shares in 2015 to 29,433 in 2016. Ten’s administrator KordaMentha is also under scrutiny over its relationship as an adviser to Ten in the months prior to its collapse. Meanwhile, Ten had advised in early 2017 of a 5.6 per cent downturn in the metropolitan advertising market, only two months after issuing an earnings downgrade. It is uncertain whether Ten’s board undertook modelling at this time on the potential impact on cashflow if the advertising market deteriorated further.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, KORDA MENTHA AND COLLEAGUES PTY LTD, NEWS CORPORATION – ASX NWS, WIN CORPORATION PTY LTD, FOXTEL MANAGEMENT PTY LTD, BIRKETU PTY LTD, TELSTRA CORPORATION LIMITED – ASX TLS, ILLYRIA PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIAN RESTRUCTURING INSOLVENCY AND TURNAROUND ASSOCIATION, GILBERT AND TOBIN LAWYERS, DESTRA CORPORATION LIMITED, FORT STREET ADVISERS PTY LTD, ALLEN AND OVERY

Ten’s fate left hanging on media reforms

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Original article by Max Mason
The Australian Financial Review – Page: 17 & 22 : 23-Jun-17

The first meeting of Ten Network’s creditors will be held on 26 June, and the second is scheduled to be held by 18 July. However, administrator KordaMentha may seek to delay the second creditors’ meeting pending the fate of the Federal Government’s cross-media ownership reforms. The Senate is unlikely to pass the bill before Parliament rises for the winter recess, so early August will be the Government’s first opportunity to push ahead with the reforms.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, KORDA MENTHA AND COLLEAGUES PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, PPB HOLDINGS PTY LTD, ONE NATION PARTY, AUSTRALIA. DEPT OF COMMUNICATIONS AND THE ARTS, AUSTRALIAN LABOR PARTY, AUSTRALIAN GREENS