2HB wrote: ↑Wed Jan 22, 2025 10:20 am
There has been sustained interest regarding Crucible's bankruptcy and I thought I would take a moment to provide some detail as this is an area of familiarity for me. The following is taken from filings with the Court, which are a matter of public record. If someone can tell me how to upload a PDF, I will happily share them on the forum.
The following information is taken from three documents: the "First Day Affidavit," the "Schedules and Statement of Financial Affairs," and the "Sale Motion." The First Day Affidavit is a filing generally singed by the CEO providing general information about the company, its business, and why it is seeking bankruptcy protection. The Schedules and Statement of Financial Affairs are documents required to be filed with the Court listing, in great detail, the company's assets and liabilities. The Sale Motion lists the sale procedures for the sale of the company's assets.
The First Day Affidavit
After review, here are the interesting bits contained in First Day Affidavit:
[*]The corporate office is located in Cleveland, Ohio.
[*]The manufacturing facility is located in Solvay, New York.
[*]90% of its base material is scrap and revert.
[*]The company has 170 full time employees; unionized.
[*]Average weekly payroll for hourly employees is $155,000.
[*]Average bi-monthly salaries is $130,000.
[*]The company leases the manufacturing facility in Solvay from Syracuse Real Estate, LLC, which has common ownership with the company.
[*]Is the sole or nearly sole provider of specialty products for a number of its customers (none specifically listed).
[*]Bankruptcy is attributed to softening demand and price competitions with larger companies.
[*]In April 2024, it began marketing its assets for sale through the Caliber Group, LLC.
[*]Caliber sent promotional materials to 67 potential buyers, 18 of which executed an NDA, six of whom toured the facility, and four that made bids.
Schedules and Statement of Financial Affairs
Here is some information from the Schedules and Statement of Financial Affairs:
[*]The company does not own any real property.
[*]Has secured debt (i.e., bank debt with mortgage and/or security interest) of $21,433,992.
[*]Has unsecured debt (i.e., trade debt) of $11,273,768.
[*]Total debt of $32,707,761.
[*]Assets include raw materials, WIP, Intellectual Property, A/R valued at $27,937,761. (But value for IP is listed as unknown).
[*]Includes an Exhibit showing all trademarks and includes "REX," "10V," "15V," "CRU-Wear," "REX 121," "Magnacut," etc.
[*]Also shows patents it holds, only two of which are in the United States (Patent Nos. 7615123 and 7288156). (The patents only show the content of the alloy using google patents, not any identifying names. I will leave it to others to figure out what alloy they actually pertain to.) Interestingly, the longest patents it holds expires in 2028, most expire sooner than that.
The Sale Motion
Here is the pertinent information in the Sale Motion:
[*]Erasteel, Inc., is the stalking horse bidder. A stalking horse bidder agrees to buy the assets subject to higher and better bids.
[*]The stalking horse bid is not for all the assets of the company, only a very limited subset, including the CPM line of business, the IP, A/R, and Inventory.
[*]The stalking horse bid is, after adjustments, estimated to be between $11-12 million (the gross bid is appx. $17 million).
[*]A party who wishes to bid on the assets must become a "qualified bidder" by executing an CA, providing financial statements and other evidence it can perform and submit a bid that exceeds the stalking horse bid by appx. $620,000 (to cover the break up fee paid to Erasteel to serve as stalking horse bidder in the amount of $520,000 plus an additional $100,000).
[*]The bid deadline is January 30, 2025.
[*]The auction (if there is at least one bidder) is February 4, 2025.
[*]The hearing to approve the sale is February 6, 2025.
[*]The exhibits to the APA with Erasteel shows that it is purchasing inventory, WIP, A/R, and only the induction furnace, HIP equipment, and CPM melt shop tools but all other equipment and machinery located in Solvay is excluded. Based upon exhibits (which are interesting and place a value on inventory and WIP, it appears that Niagara, ZAPP, and Latrobe may be the company's biggest customers).
[*]The bidding procedures, however, allow a bidder to bid on all assets (or what it calls Lot 2 assets in the motion) or bid on a mix and match basis.
Hopefully you found this helpful to understand Crucible's bankruptcy. Happy to address any questions if you have any.