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Dow Jones Business News
Vanguard Airlines Gets Final OK Of Funding; Bid In Works
Thursday September 19, 1:38 pm ET
WASHINGTON -(Dow Jones)- A bankruptcy court granted Vanguard Airlines Inc. (VGDQE) final approval to obtain limited post-petition financing from the chairman of the Hooters restaurant chain to meet payroll and other expenses while the chairman plans to buy the carrier's assets.
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U.S. Bankruptcy Judge Jerry W. Venters signed an order Tuesday that adopted the content of an existing interim order on a final basis. Under terms of a second interim order from Sept. 4, Hooters of America Chairman Robert H. Brooks has been providing Vanguard Airlines with $57,500 a week to cover some of its expenses.
A final hearing on the matter had been slated for Thursday, but since no entity filed an objection by Monday's deadline, Judge Venters, of the U.S. Bankruptcy Court in Kansas City, signed the final order.
Without the stop-gap financing and the funds that are to be made available by Brooks, the airline said in its second interim motion that "Vanguard would be unable to continue efforts to restart operations, reorganize, or sell its assets."
While Brooks has been preparing an offer to buy Vanguard Airlines' assets, terms of a proposed deal weren't available as of Thursday.
Calls to attorneys representing Brooks, Vanguard Airlines and the airline's unsecured creditors' committee weren't immediately returned Thursday.
A.J. Block, an Atlanta-based attorney for Brooks, said the new airline would be called Hooters Air Inc. and may use the Hooters name and distinctive orange coloring, the Associated Press reported Sept. 6. Brooks planned to submit a formal bid in the next few weeks, Block said at the time.
Vanguard Airlines' financing motion said the possibility of an investment by or sale to Brooks "offers the best opportunity for Vanguard to maximize the value of the assets of the estate that has so far emerged."
On Aug. 14, Judge Venters initially granted Vanguard Airlines interim authorization to borrow $50,000 a week to cover expenses. The bankruptcy court also approved the carrier to use the cash collateral of its pre-petition lenders.
The airline said in its initial motion that the stop-gap funding will permit " planning and models necessary to advance discussion regarding a potential investment or purchase, and further to allow Vanguard to forestall any irrevocable actions regarding a liquidation."
If Brooks doesn't ultimately fund a substantial investment or sign an agreement to purchase a large portion of Vanguard's assets, the filing from Aug. 10 said, the investor won't be entitled to a return of any sums advanced, court papers said.
Including cash on hand of about $1 million in August, Vanguard said the liquidation value of its assets is expected to be $4.2 million to $5.4 million, less liquidation costs. With secured claims in the range of $3 million to $4 million, the carrier believes there may be enough funds for unsecured creditors to receive a distribution under a Chapter 11 plan.
The Kansas City-based airline shut down and filed for Chapter 11 protection July 30, listing assets of $39.7 million and debts of $95.9 million as of June 30 in its bankruptcy petition. The company sought Chapter 11 protection after hearing the Air Transportation Stabilization Board rejected its application for a federal loan guarantee for the second time.
-By Nicholas P. Braude; Dow Jones Newswires; 202-628-7686;
[email protected]