Avaya Inc. Files for Chapter 11 Protection

by | Jan 19, 2017 | Industry News

Avaya LogoOperations Remain Ongoing During Process

NEW YORK, NY – January 19, 2017 – Avaya Inc. (together with certain of its domestic subsidiaries, collectively, the “Company”) today announced that it has commenced a formal proceeding to restructure its balance sheet to better position itself for the future. To facilitate this restructuring, the Company filed voluntary petitions under chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (the “Court”). The Company’s foreign affiliates are not included in the filing and will continue normal operations.

The Company has obtained a committed $725 million debtor-in-possession (“DIP”) financing facility underwritten by Citibank. Subject to Court approval, this DIP financing, combined with the Company’s cash from operations, is expected to provide sufficient liquidity during the chapter 11 cases to support its continuing business operations and minimize disruption.

“We have conducted an extensive review of alternatives to address Avaya’s capital structure, and we believe pursuing a restructuring through chapter 11 is the best path forward at this time,” said Kevin Kennedy, Chief Executive Officer of Avaya. “Reducing the Company’s current debt through the chapter 11 process will best position all of Avaya’s businesses for future success.”

As part of Avaya’s comprehensive assessment of options to address its capital structure, the Company evaluated expressions of interest in various Avaya assets, including its Contact Center business. After extensive evaluation in consultation with its financial and legal advisors, the Avaya Board of Directors has determined that focusing on the Company’s debt structure is paramount and a sale of the Contact Center business at this time would not maximize value for Avaya’s customers and all of its stakeholders. Avaya remains in ongoing negotiations to monetize certain other assets, as appropriate, to maximize value for all stakeholders.

“This is a critical step in our ongoing transformation to a successful software and services business. Avaya’s current capital structure is over 10 years old and was put in place to support our business model as a hardware-focused company, which has evolved significantly since that time. Now, as a result of the terms of Avaya’s debt obligations and the upcoming debt maturities, we need to recapitalize the Company,” continued Mr. Kennedy. “Our business is performing well, and we are confident that we can emerge from this process stronger than ever, as this path is a reflection of our debt structure, not the strength of our operations or business model. Pursuing restructuring through chapter 11 will enable us to reduce Avaya’s debt and interest expense, while providing increased financial flexibility to further invest in innovation and growth to enhance our market-leading competitive position. Most importantly, we are keenly focused on minimizing disruption to our customers, partners, and employees and do not expect to experience any material disruptions during the chapter 11 cases.”

Contemporaneously with the filing of the voluntary petitions, the Company filed a number of “first-day” motions with the Court to facilitate a smooth transition into chapter 11 and minimize business disruption. Among other things, the motions request authorization to continue certain customer and partner programs, and to honor certain employee compensation and benefit obligations.

For more information about the chapter 11 case, including access to Court documents, please visit: https://cases.primeclerk.com/avaya.

Centerview Partners and Zolfo Cooper are the Company’s financial and restructuring advisors, Goldman Sachs is the Company’s M&A investment banker and Kirkland & Ellis LLP is the Company’s restructuring counsel.