Katy Bankruptcy Sale Approved


The U.S. Bankruptcy Court approved Katy Industries’ motion for an order approving and authorizing the sale of substantially all of the Debtors’ assets to the successful bidder free and clear of all liens, claims, encumbrances and other interests.

As previously reported, “The Debtors entered into an asset purchase agreement with Jansan Acquisition (the ‘Stalking Horse Purchaser’), a newly created entity co-owned by Highview Capital, a third-party investor and affiliate of Victory Park Management, as administrative agent for the Company’s pre-petition second lien lender.”

In addition, “The aggregate purchase price for the Purchased Assets shall be an amount equal to (i) the assumption of the Encina Obligations, which amount shall be reduced by any prepayments; plus (ii) a credit bid in the amount outstanding under the $7.5 million secured debtor-in-possession credit facility at the time of the Closing; plus (iii) a credit bid in the amount of the Second Lien Debt; plus (iv) the Assumed Liabilities; plus (v) the Wind Down Reserve; plus (vi) $975,000 less any applicable credits set forth in that certain engagement letter agreement by and between Katy Industries and Lincoln Partners Advisors made and entered into as of March 16, 2017 as amended by the Order entered by the Bankruptcy Court on June 19, 2017 approving the retention of Lincoln as investment banker for the Company; plus (vii) in the event a Qualified Bidder other than the Purchaser is the Successful Bidder.”

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