Canada’s Cirque du Soleil Entertainment Group
filed for bankruptcy protection on Monday, June 29, 2020.
NYPost reported:
On March 30, the entertainment company, which boasts TPG as its
controlling shareholder, moved the majority of its worldwide trademarks
to a brand-new entity, a senior lender told The Post. The next day, the
Montreal-based company — known globally for its flashy acrobatic and
aerial acts — missed an interest payment on its $900 million senior
debt, setting the stage for its bankruptcy, according to reports and
sources.
What value did those worldwide trademarks have when lenders made their original deal with TPG and Cirque du Soleil?
TPG, run by billionaires David Bonderman and James Coulter, bought
Cirque in a 2015 deal that valued the entertainment giant at $1.5
billion. TPG walked away with a 60-percent stake, Caisse and Fosun took
smaller stakes, while Cirque’s accordion-playing, fire-eating
co-founder, Guy Laliberte, grabbed 10 percent, which he later sold to
Caisse.
The entertainment company, which got its start with a ragtag team of
street performers, was loaded down with a towering $1.2 billion in debt
in the deal.
Prior PEU pre-bankruptcy moves included paying sponsors a dividend or giving huge management bonuses. TPG's move is the latest PEU innovation from the greed and leverage boys.
TPG and other Cirque shareholders — including Caisse de Depot et
Placement du Quebec, Canada’s second-largest pension fund, and
Shanghai-based Fosun International Ltd. — provided Cirque with $50
million in emergency financing.
Instead of issuing the loan to the company at large, they directed it
to the new trademark unit, a move that instantly bolstered their status
in bankruptcy, sources said.
As mere shareholders, TPG would have been forced to stand behind
existing lenders in a bankruptcy. Likewise, if it had loaned the larger
company millions, it would have been forced to take a backseat in a
bankruptcy, experts said.
While there’s no indication that TPG’s aggressive maneuvering is
illegal, lenders say they could contest the transaction in court because
it was done at a time when the company knew it was going to default on
its existing debt.
“TPG will use the interim financing to advantage themselves” in
bankruptcy, the peeved senior lender told The Post. “It’s very
aggressive.”
“Greed is what it is,” said a restructuring lawyer familiar with the
issues but not working on the case, who questioned the shareholders’
“right to transfer an asset away from lenders right on the verge of
bankruptcy.”
These people are the recipients of trillions in Federal Reserve support.
Bloomberg reported on April 15th:
The Montreal-based company is discussing a $50 million loan secured by
Canadian intellectual-property assets, according to people familiar with
the matter. The borrowing would give the company time to explore
options including potential government assistance.
Bloomberg noted PEU fear of the public learning private equity affiliates received federal support via the myriad of federal programs:
After
the government broadly excluded private equity firms from the program,
dozens found ways to steer around the restrictions, often adjusting
governance or ownership arrangements with portfolio companies in sectors
including entertainment, fitness, sports and dermatology, the people
said, asking not to be named discussing confidential arrangements.
What’s
more, some portfolio companies also benefited from indirect taxpayer
support after helping scores of related businesses apply for PPP loans,
keeping revenue flowing, the people said.
The industry’s secret success in tapping SBA money risks stoking a new uproar in Washington.
Did Cirque du Soleil get any government assistance
after laying off 4,679 employees by video and informing them they have no health insurance via e-mail?
TPG's shifting Cirque du Soleil assets to a newly created entity and making a loan to that entity is hardly an arm's length arrangement, given TPG's 60 percent ownership. That $50 million loan should give TPG a minor equity stake in Cirque post bankruptcy.
The PEU boys fear public backlash from their taking massive government grants and/or loans. Why should billionaires fear the common man learning of their ramped up financial support from Uncle Sam? Because many of us have worked for one of their portfolio companies. Consider this Cirque du Soleil employee's
experience:
Been a technician on a Vegas Cirque show for 15 years.
It was great early on. Back when the company actually cared about
performers and staff. They did their best to try to make it actually
feel like a family. There were maybe 10 shows max at the time, that they
focused on and really paid attention to quality and morale. That’s how
the company made billions of dollars.
The company started expanding, getting into various industries that had
nothing to do with the shows. Or doing shows that didn’t really fit with
what Cirque was known for and good at. Those experiments failed and the
company suffered. Every year when upper management would go around to
all the shows, we would hear an assurance that the company was going to
go back to focusing on the shows. And then it didn’t happen. Again and
again. Pay for technicians fell more and more behind market rate. It
didn’t even keep up with inflation.
Then Guy sold off Cirque to investment companies. Everything started
nose-diving. Budgets for the top-selling shows were cut by 20%, 40%,
60%. We did our best to keep up the shows, but quality went down.
Performers were cut. Technicians were cut. Safety was cut. It’s amazing
that no equipment had major failures.
The fight begins for control of Cirque du Soleil post bankruptcy.
Axios reported:
Cirque's existing private equity owners, including TPG Capital, offered a
reorganization plan whereby they'd retain a 55% equity stake.
Lenders giving up $900 million in debt is
only worth a 45% stake? That makes TPG's pre-bankruptcy move even stinkier if a $50 million loan gets them 55% of a reorganized Cirque
The greed and leverage boys will continue their PEU ways as long as politicians Red and Blue love PEU.