Red Lobster is leaning toward a reorganization that would allow it to exit bankruptcy with a new owner while avoiding some of the headaches of an outright sale, an attorney in the case said this week.
The casual-dining seafood chain and its creditors are aligning behind a debt-for-equity deal, enabling it to continue operating without the disruptions involved with a sale of its assets, such as the need to transfer hundreds of liquor licenses to a new company.
That process can take months, and Red Lobster restaurants would be unable to sell alcohol during that time, said Brad Sandler, a bankruptcy attorney with Pachulski Stang Ziehl & Jones who is representing the unsecured creditors' committee in the case.
Those and other transitional costs, spread across the chain’s some 550 locations, could easily climb into the millions of dollars. But they wouldn’t be necessary under an equity transaction.
“If they do a reorganization, because of all the regulatory issues that you won’t have to deal with, I think there’s substantially less disruption, and disruption is always expensive,” Sandler said.
The final decision will depend on who comes forward to buy Orlando-based Red Lobster, which filed for Chapter 11 bankruptcy in May with $300 million in debt. The price for the chain has been set by stalking-horse bidder Fortress Investment Group, and other parties have until July 18 to make an offer.
“Let’s just say somebody comes along and offers $1 billion for the company,” Sandler said. “I think we’re all gonna jump up and down and say that’s great.”
The fact that there’s only one bidder right now is not unusual, he added: Offers in a bankruptcy case almost always arrive at the last minute. “I wouldn’t expect any bidder to submit an early bid,” Sandler said.
Red Lobster, the nation’s largest seafood chain and a pioneer in casual dining, has struggled for years with weak sales. In bankruptcy filings, it blamed inflation pressures, burdensome leases and mismanagement for its financial problems.
Days before the filing, the chain closed nearly 100 underperforming restaurants. It could close more if it is unable to renegotiate leases with landlords—a process that is ongoing and could ultimately be up to the buyer.
“We’re all working to not only maximize value but to ensure that Red Lobster continues as a well-capitalized, successful go-forward business with the maximum footprint,” Sandler said.
Members help make our journalism possible. Become a Restaurant Business member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.