In a bankruptcy court filing today, HearUSA, Inc. (HEARQ.PK) disclosed that it has received a bid to acquire substantially all of its assets from Audiology Distribution, LLC, which is an affiliate of Siemens Hearing Instruments, Inc. HearUSA filed for chapter 11 bankruptcy protection in May with a stalking horse bid for its assets from an affiliate of William Demant Holdings A/S.
Pursuant to the proposed stalking horse sale agreement, the affiliate of William Demant Holdings would acquire substantially all of HearUSA’s assets for a purchase price of $80 million (which includes $10 million in debtor-in-possession (or DIP) financing), plus the assumption of certain obligations and the payment of certain cure claims. According to today’s filing, Audiology Distribution’s bid offers “aggregate consideration of $97,574,000 (which amount includes $60,332,000, plus a proposed elimination of a rejection claim under a supply agreement with the Debtor which Siemens asserts is $37,242,000 of equivalent consideration). HearUSA states in a footnote that it has not yet made a determination “as to the value to be assigned to the proposed elimination of the rejection claim,” however.
The $60.332 million portion of Audiology’s bid includes $30,740,000, which represents a portion of the outstanding principal amount of a secured claim which Siemens/Audiology has asserted against HearUSA. Audiology is seeking to credit bid that amount of the claim pursuant to 11 U.S.C. § 363(k). This portion of the bid amount also includes repayment of the outstanding amount of HearUSA’s debtor-in-possession (or DIP) financing, the assumption of certain liabilities, and the payment of certain cure costs.
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