AMC Entertainment’s (NYSE:AMC) new conversion may now proceed after a court rejected an appeal to halt the company’s proposal.
Last week, AMC Entertainment was hit with a new lawsuit following its approved settlement after months of dealing with litigation.
CNBC reported that a holder of APEs said in the lawsuit, which was filed late on Monday but hit the public docket on Tuesday of last week, that APEs investors are being shortchanged in the settlement that was approved the week prior.
However, the Delaware Supreme Court rejected the request to halt the plan pending the appeal.
It’s “unclear how long impediments to AMC’s ability to raise capital would continue if the status quo were preserved pending appeal,” the court said Monday in an en banc order signed by Chief Justice Collins Seitz Jr, Bloomberg Law reports.
“And finally, the Objector has identified issues for appeal that can be decided post-closing without risking the serious harm that AMC might suffer if settlement approval is delayed.
Under these circumstances, a status quo order pending appeal is not warranted.
How, therefore, it is ordered that the motion for a status quo order pending appeal is DENIED,” the filing concluded.
AMC stock fell more than -23% on Monday while APE stock fell an additional -6%.
Hedge fund CEO Bruce Richards now says he’s ‘super bullish’ on AMC’s new APE conversion as the proposed rule is expected to go into effect this coming Thursday.
Richards is rather enthusiastic about AMC Entertainment’s ability to raise as much as $8 billion, though he states his team thinks $1 billion to $2 billion is more realistic.
“I wouldn’t worry about the writers strike, and the box office numbers look like record numbers to us, and greater than pre-covid number, in terms of revenue, so, we’re super bullish, but think about that,” he told CNBC last week.
Also Read: Two Institutional Investors Have Now Increased Positions in AMC
AMC Speaks on Short Sellers Covering Prior to New Conversion
AMC Entertainment is answering questions on short sellers covering prior to its newly approved conversion proposal.
Will short sellers be required to cover their positions before the Reverse Stock Split and Conversion?
According to AMC’s new 8-K filing, AMC expects that the deliveries under stock borrowing arrangements will be adjusted in the regular way to account for the Reverse Stock Split or, in the case of contracts on APEs, the Conversion.
However, AMC states that it “does not determine and is unable to provide interpretive advice on the impact of these events on the contractual terms governing stock borrowing arrangements.”
How will short sellers be affected by the Litigation Settlement Payment?
“AMC does not determine and is unable to provide interpretive advice on the impact of the Litigation Settlement Payment on the contractual terms
governing stock borrowing arrangements.”
AMC’s reverse stock split will go into effect on Thursday, August 24.
The conversion of APE shares into AMC common stock will occur the following day, Friday August 25.
The litigation settlement will then take place on Monday, August 28.
Will there be large failure-to-deliver (“FTDs”) like when the APE was distributed?
AMC Entertainment states that while they cannot predict the trading impact of these corporate events, given the significant transactions that will occur over successive trading days, it is possible there will be large FTDs like when the APE was distributed.
Also Read: Goldman Sachs Gives AMC a New Price Target of $175
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