Windstream files for bankruptcy reorganization, doesn’t expect changes to service

Published 4:53 pm Wednesday, February 27, 2019

Editor’s note: This article has been altered from its original version.

LITTLE ROCK, Ark. — Windstream Holdings, Inc., a Little Rock-based company that provides telecommunications services throughout the country, including in Colquitt County, filed for reorganization Monday under Chapter 11 of the bankruptcy laws.

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A press release from the company blamed the move on an unfavorable court ruling in the Southern District of New York.

“Following a comprehensive review of our options, including an appeal, the Board of Directors and management team determined that filing for voluntary Chapter 11 protection is a necessary step to address the financial impact of Judge (Jesse) Furman’s decision and the impact it would have on consumers and businesses across the states in which we operate,” said Tony Thomas, president and chief executive officer of Windstream.

“Taking this proactive step will ensure that Windstream has access to the capital and resources we need to continue building on Windstream’s strong operational momentum while we engage in constructive discussions with our creditors regarding the terms of a consensual plan of reorganization,” Thomas said. “We acted decisively to secure the long-term financial stability of Windstream, and we are confident that, upon completion of the reorganization process, we will be even better positioned to invest in our business, expand our speed and capabilities for our customers and compete for the long term.”

On Tuesday, the bankruptcy court approved first day motions that included allowing Windstream to access up to $400 million of its $1 billion in debtor-in-possession financing. This financing, combined with access to the cash generated by the company’s ongoing operations, is available to meet Windstream’s operational needs and continue operating its business as usual, the company’s press release said.

“We are pleased to have received approval of our first day motions, which will enable Windstream to continue normal business operations as we continue paying our employees, maintaining our relationships with our vendors and business partners and serving our customers as usual,” Thomas said. “Our focus going forward is on serving our customers and maintaining the strong operational momentum we are seeing across our business. We appreciate the prompt action by the court in approving our first day motions.”

In addition to interim approval to access up to $400 million of the $1 billion in DIP financing, Windstream received court approval to, among other things, operate in the normal course of business without interruption or disruption to its relationships with its customers, vendors, channel partners and employees, the press release said. Windstream will pay vendors in full for all goods received and services provided to the company after the filing date, Feb. 25.

In the court case that put Windstream in this position, Furman ruled that Windstream Services, LLC’s 2015 spinoff of certain telecommunications network assets into a real estate investment trust violated its agreements with bondholders, according to the Windstream press release. The decision arose from challenges by Aurelius Capital Management and U.S. Bank National Association that the spinoff was invalid under the terms of those agreements.

“Windstream did not arrive in Chapter 11 due to operational failures and currently does not anticipate the need to restructure material operations,” Thomas said. “While it is unfortunate that Aurelius engaged in these tactics to advance its returns at the expense of Windstream, we look forward to working through the financial restructuring process to secure a sustainable capital structure so we can maintain our strong operational performance and continue serving our customers for many years to come.”

Additional resources for customers, vendors and other stakeholders, and other information on Windstream’s filings, can be accessed by visiting Windstream’s restructuring website at www.windstreamrestructuring.com.