Letter to Suppliers of U.S. Entities
Dear Valued Supplier to Kodak U.S. Entities:
Today Kodak announced that it and its U.S. subsidiaries filed voluntary petitions for Chapter 11 business reorganization in the U.S. Bankruptcy Court for the Southern District of New York.
Kodak took this step to bolster liquidity in the U.S. and abroad, monetize non-strategic intellectual property, fairly resolve our legacy costs, and enable the Company to focus on our most valuable business lines.
We are going into the Chapter 11 process in the U.S. with a commitment for DIP financing of $950 million, which is sufficient liquidity to ensure that vendors, suppliers and other business partners will be paid in full for goods and services they provide us going forward.
Please note that Kodak's non-U.S. subsidiaries are not included in the filings and will continue to operate as usual. Another way to say this is that Kodak's reorganization does not affect vendors and suppliers to Kodak's non-U.S. subsidiaries. As a result, our expectation is that today's action will not have any impact on commercial relationships with Kodak operations based outside of the U.S. Kodak's non-US entities will continue to pay all invoices on time, and meet all contractual obligations.
The U.S. Chapter 11 reorganization process enables a company to maintain normal business operations while it reorganizes.
For suppliers to Kodak's U.S. businesses, Kodak intends to pay you in full and under normal terms for goods and services you provide us after our Chapter 11 filing, that is, for all obligations incurred on or after the filing date. Payments for these "post-petition" obligations are given priority administrative status in reorganization proceedings, providing additional protection to you.
Under federal law, our Chapter 11 filing means that Kodak is now generally prohibited from making any payments to suppliers to our U.S. businesses for services or goods received prior to the filing. Unpaid obligations incurred by Kodak before the filing date are now frozen and will be treated as general unsecured claims in the reorganization
proceedings. Payments for these "pre-petition" amounts generally are determined at the conclusion of the Chapter 11 case. Suppliers will be mailed instructions for filing pre- petition claims with the Bankruptcy Court in due course.
Additional information about the Kodak reorganization process, including Frequently Asked Questions for Suppliers, is available at www.kodaktransforms.com.
We are eager to move forward with our business transformation. The new Kodak that emerges from this process will move forward as a more competitive, sustainable enterprise, and build a future that will benefit Kodak's stakeholders, including our valued supply chain and channel partners.
We look forward to continuing our relationship with you and appreciate your continued support.