US Trustee Questions Need For Stream TV s Ch 11 Filing
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Inside the Courts – An Update From Skadden Securities Litigators - March 2021 | Skadden, Arps, Slate, Meagher & Flom LLP
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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.
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