MOVIE GALLERY RECEIVES COURT APPROVAL ON ALL 'FIRST-DAY MOTIONS' IN ITS VOLUNTARY CHAPTER 11 FILING
October 16 2007 - 5:45PM
PR Newswire (US)
Obtains Approval to Borrow Up To $140 Million in DIP Financing On
An Interim Basis DOTHAN, Ala., Oct. 16 /PRNewswire-FirstCall/ --
Movie Gallery, Inc. (NASDAQ:MOVI) today announced the approval of
all of its "first day" motions by the U.S. Bankruptcy Court for the
Eastern District of Virginia, Richmond Division. Movie Gallery's
Canadian operations were not included in the filing. The Company
received interim Court approval to access $140 million of its $150
million debtor in possession (DIP) financing facility, provided by
certain of its existing first lien lenders. The DIP financing and
cash generated from daily operations will be used to continue to
pay vendors and employees, as well as provide operational and
financial stability as Movie Gallery proceeds with its financial
restructuring. The final DIP hearing is scheduled for November 6,
2007. The Company also announced that it received Court approval
during its first day hearings to, among other things, pay
pre-petition employee wages, health benefits, and other employee
obligations during its restructuring under chapter 11. The Company
is authorized to pay ordinary course post-petition expenses without
seeking Court approval. Additionally, the Company was also given
approval to continue to honor its current customer policies
regarding merchandise returns and to honor outstanding gift cards
and loyalty programs. "We are pleased with the prompt action by the
Bankruptcy Court in approving our first day motions," said Joe
Malugen, Movie Gallery's Chief Executive Officer. "This approval
will allow our stores to continue to operate so that we can
continue to serve our customers while implementing strategies to
enhance our financial performance." The Company filed voluntary
chapter 11 petitions in the U.S. Bankruptcy Court for the Eastern
District of Virginia, Richmond Division on October 16, 2007. The
main case has been assigned case number 07-33849. Additional
information about Movie Gallery's restructuring is available at the
Company's website http://www.moviegallery.com/ or via the Company's
restructuring information line, 888-647-1730. For access to Court
documents and other general information about the Chapter 11 cases,
please visit http://www.kccllc.net/moviegallery. About Movie
Gallery The Company is the second largest North American video
rental company with approximately 4,430 stores located in all 50
U.S. states and Canada operating under the brands Movie Gallery,
Hollywood Video and Game Crazy. The Game Crazy brand represents 595
in-store departments and 14 free-standing stores serving the game
market in urban locations across the United States. Since Movie
Gallery's initial public offering in August 1994, the Company has
grown from 97 stores to its present size through acquisitions and
new store openings. For more information about the Company, please
visit our website: http://www.moviegallery.com/ Forward-looking
Statements This press release, as well as other statements made by
Movie Gallery may contain forward-looking statements within the
"safe harbor" provisions of the Private Securities Litigation
Reform Act of 1995, that reflect, when made, the Company's current
views with respect to current events and financial performance.
Such forward-looking statements are and will be, as the case may
be, subject to many risks, uncertainties and factors relating to
the Company's operations and business environment, which may cause
the actual results of the Company to be materially different from
any future results, express or implied, by such forward-looking
statements. Factors that could cause actual results to differ
materially from these forward-looking statements include, but are
not limited to, the following: (i) the ability of the Company to
continue as a going concern; (ii) the ability of the Company to
obtain court approval for, and operate subject to the terms of the
DIP financing facility; (iii) the Company's ability to obtain court
approval with respect to motions in the Chapter 11 proceeding
prosecuted by it from time to time; (iv) the ability of the Company
to develop, prosecute, confirm and consummate one or more plans of
reorganization with respect to the Chapter 11 cases including a
plan consistent with the terms set forth in the restructuring term
sheet; (v) risks associated with a termination of the agreement and
financing availability; (vi) risks associated with third parties
seeking and obtaining court approval to terminate or shorten the
exclusivity period for the Company to propose and confirm one or
more plans of reorganization, for the appointment of a Chapter 11
trustee or to convert the cases to Chapter 7 cases; (vii) the
ability of the Company to obtain and maintain normal terms with
vendors and service providers; (viii) the Company's ability to
maintain contracts and leases that are critical to its operations;
(ix) the potential adverse impact of the Chapter 11 cases on the
Company's liquidity or results of operations; (x) the ability of
the Company to execute its business plans and strategy, including
the operational restructuring initially announced in 2007, and to
do so in a timely fashion; (xi) the ability of the Company to
attract, motivate and/or retain key executives and associates;
(xii) general economic or business conditions affecting the video
and game rental and sale industry (which is dependent on consumer
spending), either nationally or regionally, being less favorable
than expected; and (xiii) increased competition in the video and
game rental and sale industry. Other risk factors are listed from
time to time in the Company's United States Securities and Exchange
Commission reports, including but not limited to the Annual Report
on Form 10-K for the year ended December 31, 2006. Movie Gallery
disclaims any intention or obligation to update or revise any
forward-looking statements, whether as a result of new information,
future events and/or otherwise. Similarly, these and other factors,
including the terms of any plan of reorganization ultimately
confirmed, can affect the value of the Company's various
pre-petition liabilities, common stock and/or other equity
securities. Additionally, no assurance can be given as to what
values, if any, will be ascribed in the bankruptcy proceedings to
each of these constituencies. A plan or plans of reorganization
could result in holders of Movie Gallery's common stock or other
equity interests and claims relating to pre-petition liabilities
receiving no distribution on account of their interest and
cancellation of their interests and their claims and cancellation
of their claims. Under certain conditions specified in the
Bankruptcy Code, a plan of reorganization may be confirmed
notwithstanding its rejection by an impaired class of creditors or
equity holders and notwithstanding the fact that certain creditors
or equity holders do not receive or retain property on account of
their claims or equity interests under the plan. In light of the
foregoing, the Company considers the value of the common stock and
claims to be highly speculative and cautions equity holders that
the stock and creditors that the claims may ultimately be
determined to have no value. Accordingly, the Company urges that
appropriate caution be exercised with respect to existing and
future investments in Movie Gallery's common stock or other equity
interest or any claims relating to pre-petition liabilities.
Contacts: Analysts and Investors: Thomas Johnson, Movie Gallery,
Inc., 334-702-2400 Media: Andrew B. Siegel or Meaghan A. Repko of
Joele Frank, Wilkinson Brimmer Katcher, 212-355-4449 DATASOURCE:
Movie Gallery, Inc. CONTACT: Analysts and Investors, Thomas Johnson
of Movie Gallery, Inc., +1-334-702-2400; or Media, Andrew B. Siegel
or Meaghan A. Repko of Joele Frank, Wilkinson Brimmer Katcher,
+1-212-355-4449, for Movie Gallery, Inc. Web site:
http://www.moviegallery.com/ http://www.kccllc.net/moviegallery
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