Another part of the transaction involves an agreement to allocate the minority minority`s participation in the PropCo credit offer for $1 billion. This part of the comparison essentially guarantees that the allocation of the minority group from November 1 is based on its holdings in first issue and debt securities (DIP) and that the purchase price for setting the allocation is set at $1 billion, whether or not that offer of credit changes before the conclusion of a sale. PLANO, Texas– (BUSINESS WIRE) -J.C Penney Company, Inc. (OTCMKTS: JCPNQ) announced today that the U.S. Bankruptcy Court for the Southern District of Texas (“Tribunal”) has approved the previously announced asset purchase agreement (APA) with Brookfield Asset Management, Inc. (“Brookfield”), the “Simon Group Property” (“Simon”) and the DIP and First Link Lenders (“First Link Lenders” , supported by Unsecured`s Credit Committee. According to the APA, Brookfield and Simon acquire essentially all of JCPenney`s private and operating assets (“OpCo”) through a combination of cash and new long-term credit debt. In another part of the restructuring, the sale of PropCo, a group of first-time pawnbrokers acquires equity in real estate investment trusts (REITs) that will be created to own a number of stores and distribution centres. This transaction requires lenders to issue a $900 million credit offer under a bond facility (DIP) and $100 million for the first bonds and bonds. The REITs would then enter into a master leasing contract to allow the reorganized OpCo to use the stores and distribution centres. JCPenney announced today that the court had approved the previously announced sales contract with Brookfield and Simon. “From the beginning, our goal was to ensure that JCPenney continues to serve its customers in the decades to come, and this court authorization fulfills that goal,” said Jill Soltau, CEO of JCPenney. “With the 2020 holiday season in full swing, we are pleased to operate under the new owner of Brookfield and Simon outside Chapter 11 and under the JCPenney banner.
We appreciate the Court`s efforts and the support of our creditors in this process, and we position ourselves to put ourselves in a basic position to rely on jcPenney`s long-standing track record in mentoring our employees, customers, supplier partners and communities. The Company has included in this press release statements that may represent forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “wait” and similar expressions identify forward-looking statements. Forward-looking statements are based solely on the company`s current assumptions and opinions on future events and financial performance. They are subject to known and unknown risks and uncertainties, many of which are beyond the company`s control, which may lead to the company`s actual results being significantly different from expected or expected results. These risks and uncertainties include, among other things, the risks associated with the bankruptcy proceedings, including the ability of the company to obtain judicial authorization from the bankruptcy court for applications or other bankruptcy court applications in Chapter 11 cases; The company`s ability to negotiate, develop, confirm and complete a turnaround plan; the impact of Chapter 11 cases, including the increase in legal and professional costs required to implement the company`s restructuring, on the company`s liquidity (including the availability of working capital during the period of pendency of Chapter 11 cases), the results of the business or the business outlook; The impact of Chapter 11 on the interests of different elements; The company`s length of business under Chapter 11 protection; Risks associated with third-party applications in Chapter 11 cases; Bankruptcy judgments in Chapter 11 cases and the outcome of Chapter 11 cases in general; conditions under which the entity is subject to debt financing and