Item 1.03: Bankruptcy or Receivership
On
The decision to file the Bankruptcy Petition was taken to obtain the relief provided by the Bankruptcy Code to stay any potential foreclosure action by the First Lien mortgage lender ("Secured Lender") on the Mission Hills Property while FHDC and the Company could explore refinancing options for the Mission Hills Property's debt so as to complete construction. Prior to the filing, FHDC and the Company had been negotiating an additional extension and forbearance with the Secured Lender with respect to any foreclosure action, so that FHDC and the Company could review options for the Mission Hills Property including refinancing of the secured loan, a new money loan to complete construction on the project, a sale of the Mission Hills Property, or other strategic alternatives.
FHDC and the Company are seeking a Senior Secured
Super-Priority Debtor-in-Possession Loan Facility ("DIP Financing") that will
enable FHDC to adequately finance the bankruptcy process and to seek
alternatives for sale or development of the Mission Hills Property. While FHDC
and the Company expect to enter into negotiations for such facility with a
qualified lender, there can be no assurance that any such loan facility will be
available on acceptable terms or at all, or that any such loan facility will be
approved by the
Forward-Looking Statements
This Current Report on Form 8-K contains "forward-looking statements" within the
meaning of Section 21E of the Securities Exchange Act of 1934, as amended. All
statements, other than statements of fact, that address activities, events or
developments that the Company or the Company's management intend, expect,
project, believe or anticipate will or may occur in the future are
forward-looking statements including without limitation the Company's statements
regarding its plans to pursue the marketing and sale of the Mission Hills
Property and pursue and acquire any DIP Financing. Although the Company believes
forward-looking statements are based upon reasonable assumptions, such
statements involve known and unknown risks, uncertainties, and other factors,
which may cause the actual results or performance of the company to be
materially different from any future results or performance expressed or implied
by such forward-looking statements. Such risks and uncertainties include, but
are not limited to those described in the Company's other filings with the
1
© Edgar Online, source