Item 7.01 |
Regulation FD Disclosure. |
WeWork Inc. (the “Company” or “WeWork”) has elected to withhold aggregate interest payments of approximately $37.3 million payable in cash and $57.9 million payable in the form of additional PIK notes (together, the “Interest Payments”), each payable on October 2, 2023, with respect to WeWork Companies LLC and WW Co-Obligor Inc.’s following notes (collectively, the “Notes”):
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(i) |
15.000% First Lien Senior Secured PIK Notes due 2027; |
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(ii) |
11.000% Second Lien Senior Secured PIK Notes due 2027; |
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(iii) |
11.000% Second Lien Exchangeable Senior Secured PIK Notes due 2027; |
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(iv) |
12.000% Third Lien Senior Secured PIK Notes due 2027; and |
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(v) |
12.000% Third Lien Exchangeable Senior Secured PIK Notes due 2027. |
Under the indentures governing the Notes, the Company has a 30-day grace period to make the Interest Payments before such non-payment constitutes an “event of default” with respect to the Notes. The Company has the liquidity to make the Interest Payments, and may in the future decide to do so.
Entering the grace period is intended to allow discussions with certain stakeholders in the Company’s capital structure to commence, while also enhancing liquidity as the Company continues to take action to implement its strategic plan. As part of this strategic plan, the Company is focused on rationalizing its real estate footprint and improving its capital structure.
The information in this Item 7.01 is being furnished and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section and shall not be incorporated by reference into any registration statement or other document filed pursuant to the Securities Act of 1933, as amended, or the Exchange Act, except as otherwise expressly stated in such filing.
Forward-Looking Statements
Certain statements made in this Current Report on Form 8-K, including, but not limited to, statements about making the Interest Payments in the future, WeWork’s liquidity and ability to pay its current obligations when due, WeWork’s ability to rationalize its real estate footprint, improve its capital structure and implement its strategic plan, and potential discussions with WeWork’s stakeholders in this respect, may be deemed “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, as amended. Forward-looking statements are predictions, projections and other statements about future events that are based on current expectations and assumptions and, as a result, are subject to risks and uncertainties. Although WeWork believes the expectations reflected in these forward-looking statements are based on reasonable assumptions, it can give no assurance that its expectations will be attained, and it is possible that actual results may differ materially from those indicated by these forward-looking statements due to a variety of risks, uncertainties and other factors. Such factors include, but are not limited to, WeWork’s ability to find solutions with landlords and other key stakeholders to effectively and timely rationalize its real estate footprint and improve its capital structure; WeWork’s ability to effectively implement its strategic plan; the consequences of any default or event of default under its debt documents; WeWork’s liquidity needs to operate its business and execute its strategy, and related use of cash; its ability to raise
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