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Windstream emerges from Chapter 11

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Windstream emerges from Chapter 11

Windstream Holdings Inc. on Sept. 22 completed its financial restructuring process and emerged from Chapter 11, the company announced.

The company said it had reduced its debt by more than $4 billion, or about two-thirds, and that it now has access to approximately $2 billion in new capital.

The White Plains, N.Y., bankruptcy court confirmed the company's reorganization plan June 25. The plan was premised on a global settlement reached between Windstream and Uniti Group in early March, on whether the prepetition sale-leaseback transaction between the two companies should be characterized as a lease or a financing transaction subject to avoidance as a potential fraudulent conveyance.

Junior creditors had hoped that proceeds of the avoidance claims against Uniti would fund a recovery for them, but it was not to be the case.

The company's first-lien lenders are slated to receive virtually all the value under the proposed plan, including 100% of the reorganized company’s equity, participation rights in a rights offering and a new senior secured exit credit facility. Even taking the settlement of the Uniti dispute into account, according to the disclosure statement, the recovery rate for first-lien lenders was estimated at 62.8%-71.3%.

Second-lien and unsecured claim holders are slated to receive a small cash recovery of $0.00125 for each $1 of allowed claims.

According to court filings, the plan was accepted by holders of about 99% of the company's first-lien debt by amount and 90% by number, and holders of about 74% of the company's second-lien note claims by both amount and number. Holders of unsecured note claims and holders of general unsecured claims rejected the plan, however, with holders of only 56.2% and 42.55%, respectively, by amount voting to accept, below the two-thirds threshold, necessitating a cram-down (in both classes, however, more than 50% of the holders of claims by number voted to accept).

Kirkland & Ellis served as the company's legal counsel, PJT Partners as its financial adviser and Alvarez & Marsal served as its restructuring adviser.