Linwood, PA, February 1, 2007--Foamex International said today that the U.S. Bankruptcy Court for the District of Delaware has confirmed the company's Second Amended Joint Plan of Reorganization (the "Plan"), setting the stage for the company's emergence from chapter 11, which is expected to occur on February 12, 2007.
In confirming the plan, the court determined that Foamex had provided fair and equitable treatment of its creditors and equityholders and otherwise satisfied the confirmation requirements under the Bankruptcy Code. Foamex's Plan provides for the satisfaction in full in cash to all holders of allowed claims against the company. In addition, under the plan, the company's equityholders will retain their interests in Foamex, subject to dilution as a result of the issuance of additional common stock pursuant to the rights offering and, if exercised, the call option and any common stock to be issued under the proposed Management Incentive Plan and the existing Key Employee Retention Program or upon exercise of any stock options. The company's senior secured noteholders and equityholders voted unanimously in favor of the plan.
Raymond E. Mabus, chairman and chief executive officer of Foamex, said: "We are extremely pleased that the court has confirmed Foamex's Plan, paving the way for our emergence from bankruptcy and providing our stakeholders with full recovery. Today's announcement represents a significant, and almost final, milestone in Foamex's chapter 11 case. The confirmation of the Plan validates the painstaking efforts of our talented team to negotiate the best possible outcome for all of our stakeholders and emerge as a stronger, more competitive company that is better able to compete in the marketplace, invest in our operations and R&D efforts, and provide our customers with the innovative solutions they need."
Mabus concluded, "This has been an arduous, but valuable, journey. Over the past year and a half we have worked tirelessly with our stakeholders to devise a plan that would maximize the value of Foamex. I am pleased with the results we have achieved to date, and look forward to working with our many employees, customers, and other stakeholders as we look to the future."
As previously announced, Foamex has secured a commitment from a group of lenders led by Bank of America, N.A. and Banc of America Securities LLC for up to $790 million of exit financing from which the company will draw approximately $615 million upon its emergence from chapter 11. In connection with the previously announced rights offering and related equity commitment, which expired on January 31, 2007, and related agreements, the exit financing will be used by Foamex to repay the Debtor-In-Possession facility, to make other payments required upon exit from bankruptcy, and to ensure strong cash balances to conduct post-reorganization operations.
The company said that creditor distributions would likely begin on the scheduled February 12th Effective Date for the plan.
