Simmons Bedding Company Obtains Approval of Forbearance Agreement From The Note Holders’ Committee Company’s Restructuring Efforts Progress
Xxxxxxx
Bedding Company Obtains Approval of Forbearance Agreement From The Note Holders’
Committee
Company’s
Restructuring Efforts Progress
_______________________________________________________________
ATLANTA,
February 5, 2009 – Xxxxxxx Bedding Company (“Xxxxxxx Bedding”), a subsidiary of
Xxxxxxx Company (“Simmons” or the “Company”) and a leading manufacturer of
premium-branded bedding products, today announced that the ad hoc committee of
holders of its $200 million 7.785% senior subordinated notes (the “Notes”),
which represents 60% of the Notes, has approved a forbearance agreement with the
Company through March 31, 2009. The committee is pursuing approval
from additional Note holders to make the forbearance agreement
effective.
“We
appreciate the confidence that the ad hoc committee for the Notes has shown by
approving the forbearance agreement and we look forward to finalizing the
restructuring in a timely manner,” said Xxxxxxx X. Xxxxxxxx, Xxxxxxx Bedding’s
President and Chief Operating Officer.
“Xxxxxxx
continues to make progress working with its various financial stakeholders to
design and implement a balance sheet restructuring,” continued Xx.
Xxxxxxxx. “We have the support of our vendors and we continue to
provide our customers with the same level of quality and service that they have
come to expect from us.”
Xxxxxxx
Bedding Company reached an agreement with its senior bank lenders in December
2008 to extend their forbearance period to March 31, 2009. The
forbearance period is intended to provide the Company with sufficient time to
reduce the leverage on its balance sheet through an organized financial
restructuring.
The ad
hoc committee’s legal counsel is Xxxxx Xxxxxxx of Xxxx, Xxxxx, Rifkind, Xxxxxxx
& Xxxxxxxx LLP and The Blackstone Group is the committee’s financial
advisor. Xxxx, Gotshal & Xxxxxx LLP and Xxxxxx Buckfire &
Co., LLC are advising Simmons.
About Xxxxxxx
Company
Atlanta-based
Xxxxxxx Company, through its indirect subsidiary Xxxxxxx Bedding Company, is one
of the world's largest mattress manufacturers, manufacturing and marketing a
broad range of products including Beautyrest®, Beautyrest Black®, Beautyrest
Studio™, ComforPedic by Simmons™, Natural Care®, Beautyrest Beginnings™ and Deep
Sleep®. Xxxxxxx Bedding operates 19 conventional bedding manufacturing
facilities and two juvenile bedding manufacturing facilities across the United
States, Canada and Puerto Rico. Xxxxxxx Bedding also serves as a key supplier of
beds to many of the world’s leading hotel groups and resort properties. Xxxxxxx
Bedding is committed to developing superior mattresses and promoting a higher
quality sleep for consumers around the world. For more information, visit the
Company's website at xxx.xxxxxxx.xxx.
This news
release includes forward-looking statements that reflect Xxxxxxx Company and its
subsidiaries’ (collectively referred to as “Simmons”) current views about future
events and financial performance. Words such as “estimates,” “expects,”
“anticipates,” “projects,” “plans,” “intends,” “believes,” “forecasts” and
variations of such words or similar expressions that predict or indicate future
events, results or trends, or that do not relate to historical matters, identify
forward-looking statements. The forward-looking statements in this report speak
only as of the date of this report. These forward-looking statements are
expressed in good faith and Xxxxxxx believes there is a reasonable basis for
them. However, there can be no assurance that the events, results or trends
identified in these forward-looking statements will occur or be achieved.
Investors should not rely on forward-looking statements because they are subject
to a variety of risks, uncertainties, and other factors that could cause actual
results to differ materially from Xxxxxxx’x expectations. These
factors include, but are not limited to: (i) competitive pressures in the
bedding industry; (ii) general economic and industry conditions; (iii) the
success of Xxxxxxx’x new products and the future costs to roll out such
products; (iv) legal and regulatory requirements; (v) interest rate and credit
market risks; (vi) compliance with covenants in, and any defaults
under, Xxxxxxx’x debt agreements or instruments; (vii) Xxxxxxx’x ability to
comply with the terms of the forbearance agreements or to develop and implement
an organized financial restructuring on acceptable terms, on a timely basis or
at all; (viii) increased cost of credit and associated fees resulting from the
forbearance extension and any waiver or modification of the senior credit
facility by the lenders or any waiver or
modification of the notes or other indebtedness; (ix) lender calls
requiring Xxxxxxx to immediately repay all amounts outstanding under the senior
credit facility resulting from the noncompliance with the covenants which could
in turn result in a default under Xxxxxxx’x subordinated notes and discount
notes and Xxxxxxx Holdco’s term loan facility; (x) Xxxxxxx’x relationships with
and viability of its suppliers; (xi) fluctuations in Xxxxxxx’x costs of raw
materials and energy prices; (xii) Xxxxxxx’x relationship with and viability of
significant customers and licensees; (xiii) Xxxxxxx’x ability to increase prices
on our products and the effect of these price increases on its unit sales; (xiv)
an increase in Xxxxxxx’x return rates and warranty claims; (xv) Xxxxxxx’x labor
relations; (xvi) encroachments on Xxxxxxx’x intellectual property; (xvii)
Xxxxxxx’x product liability claims; (xviii) Xxxxxxx’x level of indebtedness;
(xix) foreign currency exchange rate risks; (xx) Xxxxxxx’x future acquisitions;
(xxi) Xxxxxxx’x ability to achieve the expected benefits from any personnel
realignments; (xxii) higher bad debt expense as a result of increased customer
bankruptcies due to instability in the economy and slowing consumer spending;
(xxiii) Xxxxxxx’x ability to maintain sufficient liquidity to operate its
business; and (xxiv) other risks and factors identified from time to time in
Xxxxxxx’x reports filed with the Securities and Exchange Commission. We
undertake no obligation to update or revise any forward-looking statements,
either to reflect new developments or for any other reason.
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