Windstream seeks 247-day exclusivity extension, cites Uniti litigation

By Caroline Salls

Pittsburgh, Dec. 5 – Windstream Holdings, Inc. is seeking an extension of its exclusive periods for filing and soliciting votes on a Chapter 11 plan, according to a motion filed Wednesday with the U.S. Bankruptcy Court for the Southern District of New York.

The company is asking the court to extend its exclusive filing period by 247 days through Aug. 25, 2020 and the solicitation period through Oct. 26, 2020.

Despite significant progress toward a successful restructuring, given the size and complexity of its Chapter 11 cases, Windstream said “work remains.”

Specifically, the company said it continues to focus on prosecuting estate claims and causes of action related to a Uniti arrangement, evaluating and making decisions regarding the assumption or rejection of executory contracts and leases and moving forward with a financial restructuring that will ultimately be embodied in a Chapter 11 plan.

Though mediation related to the Uniti arrangement has been suspended indefinitely, Windstream said it provided a forum for key stakeholder groups to have meaningful discussions with the debtors about the most prudent way to proceed with Uniti arrangement litigation and the Chapter 11 cases. The company said it intends to continue these discussions and is open to further mediation.

“The debtors request the full statutory period to ensure they maintain control over these Chapter 11 cases through a conclusion to the pending Uniti litigation and an ensuing Chapter 11 plan confirmation process,” the motion said.

“Allowing other parties in interest to propose competing plans during this time period will be little more than a potentially value-destructive distraction.”

A hearing is scheduled for Dec. 18.

Windstream is a Little Rock, Ark., telecommunications provider. The company filed bankruptcy on Feb. 25, 2019 under Chapter 11 case number 19-22312.

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