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Imperial Sugar files for bankruptcy
Day-to-day operations at Savannah Foods will continue as usual.
By Ben Werner, Savannah Morning News
January 17, 2001
 
Imperial Sugar Co. filed for bankruptcy Tuesday as part of a deal with lenders that essentially wipes out $250 million worth of debt.

The news was received by officials at local subsidiary Savannah Foods and Industries with a renewed hope that a healthy parent company will eventually dig itself out from under an avalanche of money trouble.

"I think its a very constructive move," said Benjamin Oxnard Jr., president of Savannah Foods. "I'm very bullish on it."

Recently, Savannah Foods has been a lonely highlight on otherwise depressing Imperial financial statements. During fiscal year 2000, Imperial lost $34.6 million. This was the third year of losses and during this period, company officials said it was Savannah Foods that kept Imperial going.

As part of the proposed reorganization, $250 million worth of bonds are being converted into stock. On Dec. 15, Imperial announced it could not make a scheduled $12.2 million interest payment on these bonds. The company still owes $456.4 million to various lending institutions.

By trimming its debt, Oxnard said, Imperial got the cash it needed to continue paying bills and salaries. There had been serious concerns, expressed by both company and Wall Street officials, about whether Imperial could stay in business without some type of financial restructuring.

Though no layoffs were planned as of Tuesday's filing, neither Oxnard nor Imperial officials at company headquarters in Sugarland, Texas could guarantee that all employees will make it through restructuring. For now, though, Oxnard said it's business as usual for Savannah Foods.

Oxnard said Imperial's management team will most likely remain intact during the reorganization and after. The company's board of directors, though, is expected to change.

During the reorganization period, benefit and pension plans will not be altered, Oxnard said. Money for these plans is held in a secure trust fund. The company is stopping its matching contributions to the 401k retirement plans of Savannah Foods employees.

The retirement and salary continuation plan of top Imperial executives, though, remains intact. For example, if approved by Imperial's board, James C. Kempner, Imperial's president and chief executive, stands to take home a lump-sum payment of $1.5 million on top of his regular retirement pay if he decides to retire at age 62, according to Securities and Exchange Commission documents. Kempner is 61.

Tuesday's announcement stemmed from negotiations with bond holders and major lenders during a 30-day grace period that expired Sunday. Turning the $250 million worth of bonds into stock erases $25 million worth of interest payments due each year - something Oxnard says should greatly help Imperial pay its bills.

Imperial officials described the Chapter 11 bankruptcy proceeding as a pre-negotiated filing. This means that, before appearing in bankruptcy court, Imperial officials met with creditors who invested huge amounts of money in the company and worked out a reorganization plan. Company officials say they'll have a plan in place by Sept. 30 - the end of Imperial's fiscal year 2001.

Such an arrangement will likely mean that Imperial works its way through the bankruptcy process relatively quickly, said Jan Jankowski, associate dean of the Savannah State University College of Business.

"A lot of times there's a lot of animosity between creditors and company officials," said Jankowski, also an attorney and inactive Chapter 7 bankruptcy trustee for the U.S. Bankruptcy Court.

Whatever the outcome, Imperial stockholders are already the big losers.

In exchange for their current Imperial shares, they will receive a 2 percent stake in the reorganized company and warrants letting them purchase up to 10 percent more during the next seven years.

In situations like this, when a publicly traded company files for bankruptcy, the stockholders typically take the hardest hit, said Richard E. McAllaster, president of McAllaster & Associates, a Skidaway Island-based brokerage.

"You're going from 100 percent stock ownership to 2 percent," McAllaster said.

Imperial's troubles started while pursuing an aggressive acquisition strategy. Instead of swallowing companies such as Savannah Foods, though, Imperial choked on the massive amounts of debt racked up as a result of this business plan.

Ever since Savannah Foods shareholders made Imperial's acquisition official, on Dec. 19, 1997, the company's stock price has slid. Dec. 22, Imperial's stock closed at $12.31 and started a steady three-year slide from there, finishing with a value of less than $1.

While Oxnard says Chapter 11 for Imperial should result in a stronger company, this is little solace to those holding shares of Imperial stock.

A company would have to perform amazingly well, almost at unheard of levels, for its stockholders to recoup their investments following a bankruptcy filing, McAllaster said.

"I really don't know of any situation where a company went into chapter 11 and the shareholders fared very well," McAllaster said. "Most of the time when a company goes Chapter 11 you might as well write it off and go about your business."