CACHE, Inc. Files for Chapter 11 Continues to Seek Strategic Partner
February 04 2015 - 5:19AM
CACHÉ, Inc. (Nasdaq:CACH) ("Company" or "CACHÉ"), a national
omni-channel specialty retailer of women's apparel and accessories,
today announced that it has filed voluntary petitions for relief
under Chapter 11 of the United States Bankruptcy Code in the
Bankruptcy Court ("Court) for the district of Delaware in
Wilmington. The Company intends to continue to operate its business
in the ordinary course during this time.
"We took this action today with the goal of securing CACHÉ's
future," said Jay Margolis, CACHÉ Chairman and CEO. "Our team has
been working tirelessly to implement a turnaround. In a short
period of time, we upgraded key stores and closed unprofitable
ones; launched a more vibrant and robust e-commerce site where
conversion has doubled; and have seen same store comp sales from
our 2014 Holiday season increase 9.5%, with this positive momentum
continuing through January. However, the depressed brick and mortar
retail market, the continued growth of online shopping, and rapidly
changing consumer tastes and habits thwarted our efforts.
Ultimately, we have not had the time or capital to realize all of
the benefits of our hard work."
As part of these proceedings, the Company intends to further
reduce its store count and sell and renegotiate certain of its
leases. In addition, as part of its contingency planning, the
Company and its representatives have sought proposals from
experienced liquidators to serve as a stalking horse purchaser of
the Company's assets. As CACHÉ is working toward a going-concern
outcome, the stalking horse agreement would be subject to potential
higher and/or better bids, and most importantly, potential
going-concern bids, at a bankruptcy auction.
"We believe that this action provides CACHÉ the greatest
opportunity to secure a strategic partner while maximizing recovery
to our stakeholders," added Margolis.
As is customary, the Company is seeking authority from the Court
to pay wages and salaries, continue employee benefit programs, pay
vendors on an ongoing basis, and honor customer programs.
To fund operations during the proceeding, the Company has
received a commitment for up to $22 million in debtor-in-possession
("DIP") financing from Salus Capital Partners, LLC. The DIP
facility is subject to Court approval.
On January 27, 2015, CACHÉ received a letter from NASDAQ
informing the Company that delisting procedures have been
commenced. The Company does not intend to appeal the NASDAQ
determination. Moreover, it is anticipated that CACHÉ's assets will
be insufficient to satisfy all of its obligations to creditors.
Accordingly, as provided under applicable law, it is expected that
no distributions will be made to holders of the Company's common
stock.
CACHÉ does not intend to comment further on these proceedings
beyond this announcement and public Court filings at this time.
Pachulski Stang Ziehl & Jones LLP is serving as the
Company's legal advisors, FTI Consulting, Inc. as its financial
advisor, Janney Montgomery Scott LLC as its investment bank, and
A&G Realty Partners, LLC as its real property advisors.
For access to Court documents and other general information
about CACHÉ's Chapter 11 case, please visit www.kccllc.net/cache or
call 866-967-0676 (toll-free) or +1-310-751-2676 outside of the
U.S. and Canada.
About CACHÉ Inc. CACHÉ is a national
omni-channel specialty retailer dedicated to dresses, sportswear
and accessories designed for special occasions and daily glamour.
The Company currently operates 218 boutiques each of which offers
premier service and a high- touch shopping experience. Recognized
as industry experts, CACHÉ has dressed fashionable women for over
three decades. CACHÉ boutiques are primarily situated in center
court locations in America's top malls in 40 states, the Virgin
Islands and Puerto Rico.
Forward-Looking Statements and Other
Information Certain matters discussed within this press
release may constitute forward- looking statements within the
meaning of the federal securities laws. Although CACHÉ, Inc.
believes the statements are based on reasonable assumptions, there
can be no assurance that these expectations will be attained.
Actual results and timing of certain events could differ materially
from those projected in or contemplated by the forward- looking
statements due to a number of factors, including, without
limitation, our ability to successfully implement our business
strategy and to integrate new members of management, industry
trends, merchandise and fashion trends, competition, seasonality,
changes in general economic conditions and consumer spending
patterns, factors specific to our Company and merchandise, such as
demand for our merchandise and markdowns. Other important factors
that may cause actual results to differ materially from those
expressed in the forward- looking statements are discussed in our
filings with the Securities and Exchange Commission (the "SEC"),
including the section of our Annual Report on Form 10- K filed with
the SEC on March 25, 2014 titled "Risk Factors." Except as may be
required by applicable law, we undertake no obligation to publicly
update or revise any forward- looking statements, whether as a
result of new information, future events or otherwise, and we
caution you not to rely upon them unduly.
CONTACT: Jennifer E. Mercer
Epiq Strategic Communications
310-712-6215 ph
jmercer@epiqsystems.com
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