Manhattan bankruptcy court has set Wednesday as the new date for submissions of bids in the HMX Group bankruptcy, with Dec. 17 the day a decision is expected to be made on the winning bidder. The deadline was extended by a week, in part because of court delays as the courthouse, located in lower Manhattan, had been closed for a period due to flooding damage from Hurricane Sandy.
Sources said that a number of bids are expected to be submitted. At least one is believed to be for the entire company. Another is said to be just for some of the brands. Currently, Authentic Brands Group has an offer on the table as the stalking-horse bidder. That offer, which includes separating the intellectual property from the operating division, is subject to better offers.
Anyone wishing to bid for the entire company will have to pay more than the $72.3 million stalking-horse offer. That amount covers the $60 million in prepetition claims held by the secured lender Salus Capital Partners, $5 million for the debtor-in-possession post-petition facility Salus provided, $5.1 million for administrative claims in the bankruptcy and a $2.2 million break-up fee, should HMX be sold to another bidder per the customary bankruptcy court auction.
The men’s apparel firm, formerly Hartmarx Corp., is in the process of completing its second tour of bankruptcy proceedings in four years. Listing liabilities of more than $50 million when it filed in October, the owners of suit brands Hart Schaffner Marx and Hickey Freeman also own the trademarks for Exclusively Misook and Christopher Blue.