'Titanic' effects maker files for Chapter 11

Associated Press

Sep 11, 2012  7:21 PM (ET)

http://apnews.myway.com//article/20120911/DA17SF4O2.html



PORT ST. LUCIE, Fla. (AP) - Less than a year after going public, the 
digital production company founded by director James Cameron has filed 
for Chapter 11 bankruptcy protection and agreed to sell the core of its 
business to a private investment firm for $15 million.

Digital Domain Media Group (DDMG) Inc., best known for its work on 
Cameron's "Titanic," has produced visual effects for more than 90 
movies, including "Pirates of the Caribbean: At World's End" and the 
"Transformers" series. And in April, its Tupac Shakur hologram made a 
splash when it took the stage at the Coachella Valley Music and Arts 
Festival and appeared to perform alongside Snoop Dogg.

But the company was "running out of cash," Chief Restructuring Officer 
Michael Katzenstein said in court filings, and had violated cash and 
debt requirements set forth by its lenders. It tried to find additional 
outside sources of capital, but wasn't able get enough to restructure 
its debt and pay its operating expenses, he said.

The downward spiral was swift. The company went public just 10 months 
ago, selling nearly 5 million shares at $8.50 each, below the expected 
$10 to $12 range. Drifting to the $5 range by spring, the stock then 
spiked as high as $9.20 following huge reaction to the Shakur hologram, 
with the performance garnering 15 million YouTube hits within 48 hours 
and winning a top award at the creative marketing gathering Cannes Lions.

Building on the buzz, Digital Domain got the green light to create an 
Elvis Presley hologram for shows, film, TV and other projects worldwide, 
including appearances.

But by August the struggling company said it would review its options, 
suggesting a possible sale. Shares have fallen as low as 44 cents in 
recent days.

One of the biggest shareholders in the company is former Miami Dolphins 
quarterback Dan Marino, who is listed in bankruptcy filings as owning 
1.6 million shares. From the high to Tuesday's closing price of 55 
cents, his holdings have lost $13.6 million in value.

Digital Domain, based in Port St. Lucie, Fla., has studios in California 
and Canada that create digital visual effects, animation and digital 
production for the entertainment and advertising industries. The company 
had spent the past few years building a new animation studio in Port St. 
Lucie, using millions in incentives from the city and the state.

But it defaulted on a series of loans and just days ago said it would 
lay off about 280 workers and close its Florida facility. CEO John 
Textor, also the company's second-largest shareholder, resigned, 
protesting the decision.

The downfall was so quick the company was still hiring up until last 
week, said Jack Raisner, a lawyer with New York-based Outten & Golden 
who is suing the company on behalf of employees, saying they weren't 
given 60 days' notice of the mass layoff as required by federal law.

"It was inducing people to come from California to the company in the 
last few weeks," Raisner said. "They were told things to make them 
believe the company was healthy financially."

Florida Gov. Rick Scott has ordered his inspector general to investigate 
the process used to award millions in state incentives that were used to 
lure Digital Domain to the state.

The company said last month in its quarterly earnings report that it had 
already received about $50 million of $80 million in grants it was 
awarded by the state of Florida, and that it had spent the money on 
workers' pay and to cover expansion costs.

Digital Domain filed in the U.S. Bankruptcy Court for the District of 
Delaware, along with a Canadian court. Day-to-day operations of Digital 
Domain's remaining business won't be affected by the Chapter 11 filing, 
the company said. Debt holders have agreed to provide up to $20 million 
in financing that will fund its activities while it restructures.

As of June 30, the company had total assets of about $205 million and 
total liabilities of about $214 million.

The sale agreement with Searchlight Capital Partners LP includes the 
company's operating subsidiaries in the U.S. and Canada. It remains 
subject to an auction process where the company can consider other 
higher offers, and must be approved by the court.


-- 
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George Antunes          Voice (713) 743-3923
Associate Professor     Fax   (713) 743-3927
Political Science       Mail: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011

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