New Delaware Chapter 11 Filing – Xtera Communications, Inc.

Cole Schotz
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On November 15, 2016, Texas-based Xtera Communications, Inc. and seven of its affiliates filed voluntary petitions for chapter 11 bankruptcy relief in the United States Bankruptcy Court for the District of Delaware (Case No: 16-12577). XTERA is a leading provider of high-capacity, cost-efficient optical transport solutions that it sells to telecommunications service providers. According to the First Day Declaration, the Debtors have experienced significant liquidity issues during the past nine months caused by, among other things, the expiration of certain key contracts. The petition lists between $50 million and $100 million in both assets and liabilities. The Debtor’s stock was delisted from NASDAQ a few weeks ago. According to the First Day Declaration, Xtera enters bankruptcy with Neptune Bidco as the proposed stalking horse bidder in a sale of substantially all of the Debtors’ assets for a purchase price of $10 million.  The agreement with Neptune Bidco further contemplates senior DIP financing secured by all of the Debtors’ assets in the amount of $7.4 million. The Debtors seek joint administration of these cases. Epiq Systems, Inc. is the proposed claims agent.  The cases have been assigned to the Honorable Kevin J. Carey.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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