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Wednesday, November 25, 
5:20 am

Patriarch rules distressed deals

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Polaroid_camera_125x100.jpgThe economic downturn does not seem to be slowing Patriarch Partners LLC.

The private equity firm has ratcheted up its efforts to acquire the assets of distressed companies, though not without obstacles.

Patriarch recently has made strong bids to acquire two companies hanging in Chapter 11: a $52.7 million bid for consumer electronics manufacturer Polaroid Corp., and a second, less tangible consideration for the assets of water cooler maker Zohar Waterworks LLC, which it already controls.

Patriarch's bid for Polaroid, however, faces some hurdles. After Patriarch beat out the competition at a March 30 auction, a Minneapolis bankruptcy judge ordered that bidding be reopened because a separate joint bid from liquidators Hilco Consumer Capital LP and Gordon Brothers Group LLC was reportedly higher than Patriarch's. Now both sides must submit new bids, and Polaroid, which entered Chapter 11 a second time when it filed on Dec. 18, must announce a winner no later than Wednesday.

Meanwhile, under Patriarch's stalking-horse agreement with Zohar Waterworks, the PE firm hopes to assume some $72.9 million in prepetition secured loans it extended to the company before its April 2 bankruptcy filing. It would also assume a $3.4 million debtor-in-possession loan commitment as a consideration for the purchase of the debtor's affiliate, B2 International, court documents said. Judge Brendan Linehan Shannon of the U.S. Bankruptcy Court for the District of Delaware is set to consider Zohar's bidding procedures on April 17.

The two bankruptcy court appearances for Patriarch continue a string of acquisitions. The firm won the assets of Houston-based network infrastructure services provider NetVersant Solutions Inc. back in December, paying $130 million at a Dec. 17 auction. It also took home the operations of pulp mill operator Red Shield Environmental LLC after receiving court approval Oct. 23 of its $18.88 million bid. And Patriarch won -- or rather, retained full control of -- rescue vehicle maker American LaFrance LLC during its bankruptcy that ended in July with a $184 million credit bid.

Of course Patriarch can't win them all: It lost bids for bankrupt American IronHorse Motorcycle Co. and IdleAire Technologies Corp. last year. - Carolyn Okomo

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