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Bennigan's Tries to Salvage Franchises While Firm Heads into Bankruptcy
Metromedia Restaurant Group surprised the franchise industry by filing for Chapter 7 bankruptcy on July 29 on behalf of one of its restaurant franchise subsidiaries, S&A Restaurants Corp. (“SARC”). Within two weeks, SARC, the former franchisor of Bennigan's, was moved out of the picture in favor of S&S GP Holdings (“SAGP”), which is now operating the franchise system. SAGP's officers were appointed by Atalaya Capital Management LP, which was the largest holder of SARC secured debt when the bankruptcy occurred. The new entity, Bennigan's Franchising Company L.P. (“BFC”), now supports the 81 U.S. and 52 non-U.S. franchise units, according to Alex Stockham, a vice president for Rubenstein Associates, who is responding to media inquiries for BFC.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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