Subscribe to glassBYTEs!

Auction to Bid for Diamond Glass Slated for June 5

The U.S. Bankruptcy Court for the District of Delaware approved Diamond Glass' bid procedures for sale of the company's assets and set an auction date of June 5. The order granting approval was issued yesterday, April 24, during a hearing in the bankruptcy case. Diamond filed for reorganization under Chapter 11 on April 1.

"The Debtors have articulated good and sufficient reasons for this Court to grant the relief requested in the Motion regarding the Bid Procedures and the sale of the Assets," writes U.S. Bankruptcy judge Christopher S. Sontchi.

The court also capped Diamond's expenses related to the bid process at $500,000.

In addition, the order authorizes Guggenheim, Diamond's senior secured lender, to arrange for any qualified bidder "certain financial accommodations … that would enable such qualified bidder, if it so desires, to borrow up to $25 million … but only if such bidder is determined to be the successful bidder after the auction." (CLICK HERE for related story.)

The auction will occur on June 5 at 9 a.m. at the offices of Young Conaway Stargatt & Taylor LLP in Wilmington, Del.

In the order, the court authorizes Diamond "the right, as they may reasonably determine to be in the best interests of their estates and in consultation with counsel to the Creditors' committee" to:

  • Determine which bidders the company deems to be qualified;
  • Determine which bids are qualified;
  • Determine which qualified bid is the highest and best proposal, along with the next highest and best; and
  • Reject any bid that is inadequate, insufficient, doesn't conform to the requirements of the order or Bankruptcy Code or is against Diamond's best interests.

Once the successful bid and bidder are chosen, the court will review the bid, and, once approved, Diamond will sell all assets to that bidder, according to court documents. The hearing to review the sale will be held on June 6-the day after the auction.

In notifying bidders, Diamond is required to mail a notice all parties that have interest in the assets, those with contracts with Diamond, government authorities that could be affected by the sale, all creditors, the Office of the U.S. Trustee and "all entities that have, within the past 12 months, expressed to the Debtors an interest in purchasing the Assets." Diamond also is required to publish a similar notice in a national edition of the Wall Street Journal, The New York Times or USA Today, within the next five days.

CLICK HERE for full text of order.

Need more info and analysis about the issues?
CLICK HERE to subscribe to AGRR magazine.