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Insolvent Corporations May Transfer All Assets to Creditors

Thursday, April 1, 2021 In  Stream TV Networks, Inc. v. SeeCubic, Inc., C.A. No. 2020-0310-JTL (Del. Ch. Dec. 8, 2020), the Court of Chancery of the State of Delaware (the “Court”) ruled that all of the assets of an insolvent 3D television technology company, Stream TV Networks Inc. (“Stream”), could be transferred to its secured creditors even though Stream did not seek  stockholder approval of the sale under Section 271 of the General Corporation Law of the State of Delaware (the “DGCL”) or its certificate of incorporation. Accordingly, the Court enforced an agreement between Stream and its secured creditors pursuant to which Stream agreed to transfer all of its assets to an affiliate of its two secured creditors.

Inside the Courts – An Update From Skadden Securities Litigators - March 2021 | Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - March 2021 | Skadden, Arps, Slate, Meagher & Flom LLP
jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.

Stream TV Lodges Ch 11 Petition In Wake Of Assets Battle

Defunct 3D television technology company Stream TV Networks Inc. filed for Chapter 11 bankruptcy protection Wednesday in Delaware federal bankruptcy court, a move that follows a dispute in state court over a plan to transfer its assets to a newly formed company.

Delaware Decision Has Lessons for Lenders and Others | Locke Lord LLP

On December 8, 2020, the Delaware Court of Chancery in Stream TV Networks, Inc. v. SeeCubic, Inc. [1] upheld a unique structure established by secured lenders to protect their interests and in doing so the Court addressed a number of corporate law issues. Stream TV Networks, Inc. (“Stream“) was a family-controlled Delaware corporation with outside investors and two secured lenders that held security interests in substantially all of Stream’s assets. Stream was in financial difficulties, having defaulted on the secured loans, missed payroll and failed to pay trade debt. Under pressure, the two controlling family members who were the directors increased the size of the board and added four independent outside directors. The outside directors then formed a committee with full authority to resolve any debt defaults. Following negotiations, the committee authorized and Stream executed a restructuring agreement providing that the secured lenders would not foreclose on Stream’s

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