When will holders of Kmartâs former common stock receive any proceeds from the Creditorsâ Trust?
That will depend on actions taken by the Creditorsâ Trust and its ability to obtain recoveries under any litigation that the Trust may choose to pursue. The Trust has a term of three years.
What are the tax implications of owning cancelled shares? Will the Company issue a letter confirming that the stock has been cancelled?
Holders of the cancelled common stock should contact their financial advisor for more information about the tax implications. Kmart will not be issuing letters confirming that the stock has been cancelled.
What did holders of prepetition bank debt receive under the Plan of Reorganization? What did other creditors receive?
Other than ESL Investments, which is one of our Plan Investors, holders of prepetition debt received 40 cents, in cash, for each dollar of the debt they held. Holders of prepetition notes and debentures issued by Kmart and trade creditors, service providers and landlords with lease rejection claims are sharing in the stock of the reorganized Kmart, other than the shares allotted to the Plan Investors. Information about distributions to other prepetition creditors is provided in the Disclosure Statement.
What distribution did holders of Kmart Corporationâs trust preferred securities receive under the Plan of Reorganization?
When Kmart emerged from Chapter 11 on May 6, 2003, the trust preferred securities were cancelled. In accordance with the Plan of Reorganization, no distribution will be made to holders of trust preferred securities. However, holders of trust preferred securities at the time Kmart emerged from Chapter 11 will be entitled to participate in the proceeds, if any, distributed by the Creditorsâ Trust, as more fully described in the Plan of Reorganization and Disclosure Statement.
What is Kmart Holding Corporation?
As part of the Plan of Reorganization, Kmart Corporation has become a subsidiary of a new holding company known as Kmart Holding Corporation. It is the stock of this new holding company that is being issued and is currently publicly traded.
When will the new common stock of Kmart Holding Corporation be issued?
The new stock is being issued in accordance with the terms of our Plan of Reorganization in satisfaction of certain prepetition obligations (i.e., obligations that existed before we filed for protection under Chapter 11), as well as to our Plan Investors pursuant to an investment agreement which we had entered into with them at the time we first filed our Plan of Reorganization with the Court.
The timing for the receipt of shares by the holders of our prepetition liabilities will depend on the type of liability, as provided in our Plan of Reorganization. On May 6th, we issued shares to the Plan Investors and holders of our prepetition notes, which are referred to as Class 4 claims in the Plan.
Holders of trade vendor/lease rejection claims, which are referred to as Class 5 claims under the Plan, are also entitled to receive shares. However, these will be distributed over time commencing no later than June 30, 2003, as their claims are administered in accordance with the Plan.
Where will the new common stock be listed? On what exchange?
The new common stock of Kmart Holding Corporation is currently traded over-the-counter under the symbol âKMRTâ. Since, at the time we emerged from Chapter 11, there were only a limited number of record holders of our new common stock, we do not presently meet the criteria for listing on NASDAQ or another national securities exchange â which require that we have, at a minimum, a certain number of holders. However, once the new stock is issued to the holders of Class 5 claims â a process that will begin no later than June 30, 2003 â we would expect to meet the various listing criteria to have the new common stock traded on NASDAQ or another national securities exchange.
When will stock be available to individual investors?
The Company is not offering any shares for public sale. Any individuals interested in the new stock will need to look to the public marketplace.
Can shareholders of the former common stock of Kmart Corporation convert their shares into the new common stock of Kmart Holding Corporation?
No. The previous common stock has been cancelled. The new common stock is being distributed to certain creditors of Kmart in satisfaction of their claims â in accordance with the Plan of Reorganization â and was issued to our Plan Investors.
How can I tell if I own shares of the cancelled common stock or the new common stock?
The cancelled common stock was issued by Kmart Corporation. The new common stock is being issued by the newly created holding company, Kmart Holding Corporation.
Who are the members of the new Board of Directors of Kmart Holding Corporation?
In addition to Kmart President and Chief Executive Officer Julian C. Day, the new Board of Directors consists of the following individuals: Edward S. Lampert, Chairman, E. David Coolidge III, William C. Crowley, William Foss, Steven T. Mnuchin, Anne Reese, Brandon Stranzl and Thomas J. Tisch.
Has the new Board of Directors taken office?
Yes. The new Board of Directors was constituted at the time Kmart emerged from Chapter 11 on May 6, 2003.
What is Kmartâs exit financing?
The $2 billion exit financing is a credit facility that replaced the Companyâs $2 billion debtor-in-possession ("DIP") credit line when the company emerged from Chapter 11 on May 6, 2003. The new financing is available to Kmart to help meet its ongoing working capital needs, including borrowings for seasonal increases in inventory.
What is Kmartâs strategy now that it has emerged from Chapter 11?
Kmart has emerged from Chapter 11 as a new and vital enterprise focused on delivering value to customers and stakeholders alike. Our focus going forward will be on continuing to revitalize our business by driving profitable sales, identifying opportunities to further improve efficiency and reduce costs, and enhancing asset productivity. Our associates are facing the future with new energy and enthusiasm â and a renewed commitment to providing our customers compelling promotional values, great private brands and excellent service.
Why are you confident that this strategy will work?
With the financial and legal part of our reorganization behind us, we now have the time and resources to focus with greater intensity on revitalizing the business. Restoring Kmartâs reputation as a leading discount retailer is a top priority of our new leadership, and is supported by a new organizational structure that will help us run the business as efficiently and cost effectively as possible. On top of that, Kmart has tens of thousands of energetic and committed associates across the company. Our team has a sharp focus on the retailing fundamentals â particularly on driving profitable sales growth so that we can improve our market position.
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