Economist Writing Every Day

Red Lobster is a large, historic seafood restaurant chain operating in the U.S. and Canada. Last summer I wrote on how it got driven into bankruptcy: How an All-U-Can-Eat Special Driven by a Controlling Investor Pushed Red Lobster Over the Edge

Red Lobster used to be a pretty profitable business. Then in 2014 its owners sold it to a private equity firm called Golden Gate Capital. This private equity firm promptly plundered Red Lobster by selling its real estate out from under it, with those funds going to the PE firm. Instead of owning their own land and buildings, now the restaurants had to pay rent to landlords.  This put a permanent hurt on the restaurant chain’s profits. I don’t know this as fact, but because it is part of the usual PE playbook, I assume that the PE firm also made Red Lobster issue debt (bonds) so the PE firm could further plunder Red Lobster by having it pay “dividends” to its PE firm owners, using the money raised by issuing the bonds. After this glorious financial engineering, the private equity firm in 2019 sold a 49% stake to a company called Thai Union. Thai Union bought out the rest of Red Lobster ownership from Golden Gate in 2020.

Thai Union did a poor job managing the U.S. based restaurant chain, forcing cost-cutting measures that were counterproductive, and finally forcing a continual all-you-can-eat shrimp special, against the better judgment of on-the-ground Red Lobster management. That shrimp special made Red Lobster buy a lot of Thai Union’s shrimp, but led to large losses last year. The business had been suffering for a couple of years, with Covid shutdowns and competition from nimbler eateries, but the losses from the shrimp special sent it scurrying for bankruptcy protection back in May.

There are two main flavors of business bankruptcy. The direst form is Chapter 7, where the assets of the firm are sold off to meet obligations to creditors, and the firm goes out of business.

The more common form is Chapter 11, where the intent is to keep the business going (see Appendix). Somebody gets stiffed in the process, of course. Usually, common shareholders get almost nothing except maybe a reduced number of shares in the reorganized company. Preferred shareholders often get a few more shares. Unsecured bondholders may get 30-40 cents on the dollar as a settlement, or a reduced amount of bonds in the new company, or maybe stock shares. Sometimes the company will issue a new set of bonds which are “senior” to the old bonds, which reduces the value of old bonds. Other unsecured creditors like vendors may get something like 50 cents on the dollar.  

Secured creditors are higher up in the pecking order, and so often get higher recoveries. (The “covenant” for a bond or loan would specify if the loan is secured by, say, the value of the equipment in the restaurant).

Red Lobster restaurants have kept operating this year (2024), while creditors were kept at bay via the protection offered by the bankruptcy filing. As of September, Red Lobster emerged from the chapter 11 bankruptcy. A private equity group has taken over operations. They have injected some $60 million cash, which is actually not very much for this situation.

I was curious about what happened to Red Lobster’s creditors, such as vendors and bond holders. A first-level internet search, even with AI help, did not tell me how they fared as part of the settlement. I had read earlier this year that Red Lobster had something like $ 1 billion in debt, so I assume that a lot of bondholders got stiffed in this process.

In May the company announced that it had “ voluntarily filed for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Florida. The Company intends to use the proceedings to drive operational improvements, simplify the business through a reduction in locations, and pursue a sale of substantially all of its assets as a going concern…Red Lobster’s restaurants will remain open and operating as usual during the Chapter 11 process, continuing to be the world’s largest and most-loved seafood restaurant company. The Company has been working with vendors to ensure that operations are unaffected and has received a $100 million debtor-in-possession (“DIP”) financing commitment from its existing lenders.”

The “working with vendors” is an important piece here. When I peered at the official Red Lobster court bankruptcy website to try to glean more intel on the fate of the creditors, there was a list of leading “Unsecured Creditors”. These included Pepsico (supplying beverages) and Gordon Food Services, a major Canadian food supplier, as well as the owner of the store properties (Realty Income Corporation), which was presumably owed a lot of unpaid back rent.

Ironically, after one private equity firm plundered Red Lobster, then sold it to the hapless Thai Union (which ended up taking a $540 million write-down on their investment), the restaurant chain is now in the hands of yet another PE firm. I could not find definite information on the deal, but again we may assume that the PE firm got the creditors (bondholders, vendors, etc.) to accept “haircuts” on what they were owed, as opposed to getting almost nothing if Red Lobster went Chapter 7 and shut down. Thus, the new PE firm will start off with a relatively virgin company to plunder again.

My Brave AI search agrees with that assessment:

The company’s restructuring efforts may prioritize the interests of new investors and creditors over those of existing bondholders, potentially resulting in a less favorable outcome for bondholders… It is likely that the bondholders will be subject to a restructuring plan that may involve debt forgiveness, debt-for-equity swaps, or other arrangements that could result in a loss of principal or interest for the bondholders.

Side comment: If you, too, want to feed at the trough of private equity, there are a number of PE firms you can buy stock shares in so you can join in their profits. See 50% Endowment Returns Driven by Private Equity Investments: How Rich Universities Get Richer (But You Can, Too) .

APPENDIX: EXPLANATION OF CHAPTER 11 BANKRUPTCY

The text below is from the North Carolina bankruptcy law firm Stubbs Perdue:

Chapter 11 bankruptcy is a legal process that allows businesses to reorganize their debts and operations while continuing to operate. Unlike Chapter 7, which involves liquidating assets to pay off creditors, Chapter 11 aims to restructure a company’s obligations to improve financial stability and pave the way for future growth. Chapter 13, on the other hand, is typically reserved for individuals with a regular income, focusing on debt repayment plans.

Typical Chapter 11 Process

Chapter 11 process typically involves several key steps:

• Filing the Petition: The process begins with the company filing a petition in bankruptcy court.
• Developing a Reorganization Plan: The company works with its creditors to create a plan that outlines how it will restructure its debts and operations.
• Negotiating with Creditors: The plan is subject to approval by the court and the creditors, who may negotiate the terms to protect their interests.

Throughout this process, the court plays a supervisory role to ensure fair treatment of all parties involved.