Tattooed Chef, a provider of plant-based foods, intends to file for protection under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the Central District of California and intends to pursue a sale of substantially all of its assets under Section 363 of the bankruptcy code.
In accordance with the sale process under Section 363 of the Bankruptcy Code, the company will market its assets and solicit competing bids from interested parties. The bidding process is designed to achieve the highest and best price for the company’s assets. The company will manage the bidding process and evaluate any bids received, in consultation with its advisors and as overseen by the Bankruptcy Court. The company seeks to complete an expedited sale process, with any sales subject to review by creditors and approval by the Bankruptcy Court.
The company has retained SC&H Capital, an affiliate of SC&H Group, as its investment bank to manage the sale process and seek qualified bidders for its assets.
The company expects to continue operations during the Chapter 11 process, including, but not limited to, paying employees and continuing existing benefits programs, meeting commitments to customers and fulfilling go-forward obligations, including key vendor payments.
To help fund its operations during this process, the company is finalizing the terms of debtor in possession financing to be provided by its existing secured lender.
“I remain ever grateful to our colleagues at Tattooed Chef who helped to shape this remarkable journey and help to introduce plant-based foods and healthy eating to consumers across the country,” Sam Galletti, chairman and CEO of Tattooed Chef, said. “Despite their commitment to our mission and our best efforts to maintain the operations of Tattooed Chef, our business has continued to be impacted by a challenging financing environment and an inability to raise additional capital. These factors, among others, in the view of the management team and Board of Directors necessitated the Chapter 11 filing.”
Prior to the Chapter 11 filing, the company’s management team and board of directors evaluated a wide range of funding possibilities and made considerable efforts to maximize value for all stakeholders. As previously disclosed, the company received unsecured loans from its chairman and CEO totaling $12 million and implemented a plan to significantly reduce operating expenses to achieve profitability. The company has provided notice of intended layoffs to its employees in California and New Mexico.
“We have created a strong brand, a portfolio of frozen plant-based food, a vertically integrated operating infrastructure supported by approximately 400,000 square feet of manufacturing capacity, and extensive branded and private label manufacturing capabilities,” Galletti said. “The actions we are announcing today are designed to promote a fast, efficient and value-maximizing sale, which will allow us to provide clarity on the future of the company for all our stakeholders.”
The company is represented in this matter by Levene, Neale, Bender, Yoo and Golubchik.
The company has appointed Edward Bidanset as the chief restructuring officer.
