<<

Case 20-11466-CSS Doc 193 Filed 07/29/20 Page 1 of 2 Case 20-11466-CSS Doc 193 Filed 07/29/20 Page 2 of 2 C M Y K Nxxx,2020-07-29,B,003,Bs-BW,E1

THE NEW YORK TIMES BUSINESS WEDNESDAY, JULY 29, 2020 N B3

MEDIA | ADVERTISING

Coming a Lot Sooner to a Screen in Your Home: Universal’s New Films By BROOKS BARNES Universal Pictures, the maker of hits and NICOLE SPERLING like “Trolls World Tour,” and AMC LOS ANGELES — Universal Pic- reached a deal on when theatrical tures and the largest movie chain releases are available in homes. in the world, AMC Entertainment, have reached a deal to bring mov- hound,” a World War II Navy ies to theaters and homes a mere drama written by and starring three weeks apart, almost cer- Tom Hanks, to AppleTV+, buoy- tainly changing the way that Hol- ing the struggling service’s ca- lywood does business. chet. Sony sold the Seth Rogen ve- The deal, announced on Tues- hicle “An American Pickle” to day, gives AMC the exclusive HBO Max for release next month. right to show movies from Univer- Disney made “Hamilton” avail- sal and its Focus Features spe- able on its streaming service in cialty division for just 17 days in July, canceling the film’s planned the United States — down from theatrical release and creating a roughly 90 days, long the industry cultural sonic boom that startled norm. After that, the studio has theater owners. the option to make its movies Jeff Shell, the chief executive of available in homes through pre- NBCUniversal, hasn’t been the mium video-on-demand, or only one trying to upend the anti- PVOD. Universal may opt to let quated “windows” rules that have big-ticket sellers play exclusively DREAMWORKS ANIMATION, VIA dominated the movie business for in theaters longer than 17 days. in Europe and the Middle East. “Trolls World Tour” and Judd Ap- of all premium on-demand rental numerous safety protocols — af- decades, to the increasing con- The studio controls the “Fast and Given the size of AMC in the atow’s “The King of Staten Island” revenue with AMC, significantly ter hunkering down for months. sternation of consumers. Netflix, Furious,” “Jurassic World” and United States, where it operates on demand, charging $20 for a 48- reducing the risk of earlier home Since the coronavirus shut the original disrupter, offered to “Despicable Me” franchises. more than 8,000 screens, rival cin- hour rentals. The results were availability for the chain. Neither down theaters in mid-March, work with the theaters if they “The theatrical experience con- ema chains — most of which oper- strong. Over its first three weeks Universal nor AMC would say quite a few studios have opted to would agree to a much more trun- tinues to be the cornerstone of our ate their businesses more tradi- of availability in North America, how much AMC will be getting, sell off smaller films — which are cated time between exclusivity in business,” Donna Langley, chair- tionally — may have no choice but “Trolls World Tour” generated but Mr. Aron appeared to be often riskier in terms of drawing a their theaters and when films man of the Universal Filmed En- to rewrite their exhibition deals $100 million in rental fees through pleased with his cut. theatrical audience — to stream- could reach the streaming plat- tertainment Group, said in a state- with Universal and other studios. online stores like iTunes and Ama- “AMC enthusiastically em- ing services rather than waiting form. It’s been a proposition that ment. “The partnership we’ve Studios in general and Univer- zon Prime Video and on cable sys- braces this new industry model,” out the uncertain return of the- the largest theater chains refused forged with AMC is driven by our sal in particular have long wanted tems like Comcast, Universal’s he said in a statement on Tuesday, aters. The move has kept money to entertain as recently as last fall collective desire to ensure a thriv- to shorten the exclusive window parent company. calling the deal “historic” and say- flowing to studios, but analysts with the release of Martin Scors- ing future for the film distribution given to theaters, but theater Studios typically keep 80 per- ing that his company was “partici- say that it has undercut theaters ese’s 3.5-hour opus “The Irish- ecosystem and to meet consumer chains have aggressively resisted cent of premium on-demand reve- pating in the entirety of the eco- by training consumers to expect man.” Back then, Netflix was will- demand with flexibility and op- change. They have worried that nue. Ticket sales for theatrical re- nomics of the new structure.” At new films to be instantly available ing to offer a 45-day window; the tionality.” people will be reluctant to buy leases are split roughly 50-50 be- the same time, he said that clear- in their homes. theater chains were unwilling to No firm start date for the deal tickets if they can see the same tween studios and theater compa- ing a path for Universal to im- Universal led the charge. Para- come down from 60 days. was set because theaters remain film on their living room television nies. prove its own profitability could mount Pictures gave up the Issa Netflix opted to work with the closed by the pandemic. AMC has set or iPad screen just a couple At the time, Adam Aron, AMC’s benefit AMC by leading to the Rae-Kumail Nanjiani comedy smaller, independent theaters that said that it hopes to begin reopen- weeks later. The standoff has al- chief executive, called Universal’s greenlighting of more theatrical “The Lovebirds” to Netflix, along would allow for “The Irishman” to ing in “mid- to late August,” but lowed Netflix and other streaming on-demand plans “categorically movies, including comedies and with Aaron Sorkin’s Oscar hopeful play exclusively for 26 days before has pushed that time line back services to dominate home enter- unacceptable” and said AMC dramas, which Universal and “The Trial of the 7” star- becoming available on the service several times as virus cases have tainment. Netflix films collected a would boycott Universal and any other studios have cut back on in ring Sacha Baron Cohen as Abbie for its 158 million subscribers. surged around the country. Uni- field-leading 24 nominations at other studio “contemplating a recent years. Hoffman. “The SpongeBob Mov- (Now the service has a subscriber versal has cleared its schedule un- the most-recent Academy whole change to the status quo.” Mr. Aron added, “Just as restau- ie: Sponge on the Run,” which Par- base of 183 million worldwide.) til October, when it will release Awards, with a minimal presence But the longer the pandemic rants have thrived even though amount was initially supposed to AMC’s willingness to opt into a “Candyman,” a remake of the hor- in theaters. went on, the more Universal and every home has a kitchen, AMC is release in theaters in May, will 17-day window will surely appeal ror classic, directed by Nia Da- AMC declared war on Universal AMC came under pressure to highly confident that moviegoers move to its parent company Via- to the streaming services like Net- Costa and co-written and in April when the studio, following come up with a new paradigm. will come to our theaters in huge com’s revamped streaming serv- flix and Amazon. The question is produced by Jordan Peele. the pandemic-related closure of The companies began negotiat- numbers in a post-pandemic ice CBS All Access in 2021. Warner whether or not Amazon or Netflix AMC and Universal said they theaters, publicly vowed to make ing, with AMC agreeing to limit world.” He predicted that people Bros. sent its animated film could devise a revenue-sharing would start negotiations for inter- movies available without any ex- exclusivity and the studio offering will be especially eager to get out “Scoob” to premium on demand model similar to the one Universal national releases in the coming clusive theatrical run. Universal a major concession: For the first of their homes — and visit the- and to its streaming sibling HBO- is offering AMC for its premium weeks. AMC has major operations began releasing movies like time, it agreed to share a portion aters, which plan to reopen with Max. Sony Pictures sold “Grey- on-demand portion of sales. Ex-Deadspin Rebels Starting a New Site control of G/O Media in April 2019. taking on the challenge of starting Eighteen journalists who In October, Paul Maidment, a moderately staffed digital outlet then the editorial director of G/O as its vice president of revenue quit in protest are forming Media, which also operates The and operations. a digital media company. Onion, , The Root and “The hardest part is still the other websites, sent a memo to the hard part,” Mr. Wang said, “which Deadspin staff, telling them to is having writers with talent and By MARC TRACY stick to publishing articles that followings, and having these writ- One of the biggest staff rebellions had something to do with sports. ers willing to hold hands and jump in online media took place last Staff members pushed back together. Once they decided to do year, when all of the journalists against what they saw as manage- that, building the scaffolding of working at the irreverent, sports- ment’s crossing a line by getting the business is easier than it’s centric website Deadspin re- involved in the editorial process. ever been.” signed in protest after clashing After they published articles on a He said he was optimistic be- with their bosses. pumpkin thief and how to dress Now Deadspin’s former writers for a wedding, the top editor, and editors — 18 of the roughly 20 Barry Petchesky, was fired. ‘Building the who quit last year — have reunit- Within a week, the rest of the site’s ed to start a digital media com- reporters and editors had quit in scaffolding of the pany, Defector Media, that they protest. will own and operate themselves. Since the exodus, Deadspin it- business is easier Defector Media is scheduled to self has carried on under G/O Me- than it’s ever been.’ BUD LIGHT start a podcast next month and dia, moving to Chicago from New Bud Light placed commercials on Fox for Major League Baseball’s return. Ad space linked to four games sold out. roll out its website in September, York and hiring Jim Rich, a former Jasper Wang, vice president its founders said. Tom Ley, a for- editor in chief of The Daily News, of Defector Media mer features editor at Deadspin, as its newsroom leader. (He is now will be the editor in chief. The busi- G/O Media’s editorial director.) cause readers have become ac- Party’s Over as Ad Industry Adapts ness side will be led by Jasper While the people who left Dead- customed to paying for online con- Wang, a former Bain & Company spin plan to write on sports for the tent, noting the sports fans who FROM FIRST BUSINESS PAGE agency CourtAvenue. Mr. Tomlin chief executive, Mark Read. employee who said he had been an new site, they will be free to go off- subscribe to The Athletic. He add- and cheaply as companies have has helped connect Fortune 100 Live sports, a magnet for adver- avid Deadspin reader since age 19. topic when the mood strikes them. ed that vendors like Pico, Stripe tried to adjust to the initial shock brands with “pre-tired” market- tising, may be on their way back. Defector’s founders said the After their departures last year, and MailChimp have made it easi- of lockdown, worldwide civil ing professionals — workers who The National Basketball Associa- company had no outside invest- they created a feed, @Un- er for media companies to out- rights protests and the seesaw of are on the cusp of retirement but tion season is scheduled to restart ors, and each employee has taken Deadspin, to highlight articles by source business functions. In ad- reopenings that have sometimes still want occasional work. July 30, and the National Hockey a stake of roughly 5 percent in the former Deadspin journalists pub- dition, he said, the thinning of venture. Unlike Deadspin, a free been interrupted by new out- “There are a lot of client en- League is set to return Aug. 1. lished by other outlets. They also newspaper sports sections, the site that relies on ads, Defector breaks. gagements right now that are Ad space attached to four reprised the distinctive Deadspin dissolution of ESPN the Magazine will offer subscriptions at $8 a More clients have asked that project-based, where they don’t games that helped usher in the voice in pop-up around the and layoffs at Sports Illustrated month, with an annual subscrip- their ads be made by and feature a want to sign multiyear retainment Major League Baseball season on time of the Super Bowl and again may have created a vacuum. tion available at a discount. more diverse group of people, agreements, and they don’t know Saturday quickly sold out, accord- in April. Defector staff members said The 19 staff members will be while also demanding more evi- what their long-term budgets ing to Fox Sports. More than 60 “A lot of us felt adrift,” Mr. Ley they did not expect the kind of paid as the money comes in, and dence that the ads are effective. are,” Mr. Tomlin said. said. “If we felt that way, it’s likely growth coveted by the venture advertisers, such as Hankook Tire they can vote out the editor in Agencies have experimented with there are pretty significant num- capitalists who have increasingly The pandemic and the Black and Bud Light, participated. But chief with a two-thirds majority. digital tools to help brands stay bers of former readers who felt dominated online journalism. Lives Matter protests have forced that space may be at risk: More They will also own their own intel- relevant, such as a “tension map” that way and would be willing to Rather, they said, they hoped to be many companies to take a hard than a dozen Miami Marlins play- lectual property, meaning they that analyzes online conversa- look at their marketing strategies. ers and coaches have tested pos- pay money to have that kind of able to pay themselves competi- will get the money if Hollywood publication come back.” tive salaries while developing a tions around the country. Visa said this month, during what itive for the coronavirus after this shows an interest in their work for “This is an industry that is con- it called “a time of great introspec- weekend’s games, putting the rest The former Deadspin staff sustainable media business that Defector. members also received emails produces content they are inter- stantly talking about wanting to tion and change,” that it would of the shortened season in doubt. “If you’re going to take a moon- transform itself, but that is also take bids from ad agencies hoping Derek Andersen, the chief fi- from fans of the site, which had ested in. shot, you may as well do it exactly started in 2005 under the pub- “It would be cool to show that constantly sticking to very tradi- to become its go-to creative part- nancial officer of Snap, warned on the way you want to,” said Kelsey tional approaches,” said Marcelo ner. The company, which spent a conference call last week that lisher Media. One came this could be successful,” said McKinney, a former Deadspin from Mr. Wang, of Bain & Com- Samer Kalaf, a former Deadspin Pascoa, the vice president for $235 million on marketing in the the demand for ads in the third writer who has joined the new marketing for the beer brand first quarter of 2020, said it would quarter of the year had “histori- pany. Before the pandemic, he met managing editor who has joined company. with former Deadspin people at Defector. “If we tried it and it does- Coors. “Old habits die hard, but consider candidates’ commitment cally been bolstered by factors The dispute at Deadspin be- people are being forced out of ne- to diversity in its review. that appear unlikely to material- the Gold Star Beer Counter in n’t work, at least we can say we came heated about a year ago, Brooklyn. Now he finds himself tried it.” cessity to adapt faster.” Coca-Cola is also “reassessing ize in the same way they have in when journalists at the site pub- In 2020 and 2021, agencies will our overall marketing return on prior years, including the back-to- lished an investigative piece that shed 52,000 jobs, according to Jay investment on everything from ad school season, film release sched- was critical of Deadspin’s own Pattisall, an analyst with Forrest- ules, and the operations of various IN THE UNITED STATES BANKRUPTCY COURT PLEASE TAKE FURTHER NOTICE that the Bankruptcy Court has viewership across traditional me- parent company, G/O Media, as FOR THE DISTRICT OF DELAWARE approved certain discharge, release, exculpation, injunction, and related er. Half the jobs will not return, he dia to improving effectiveness in sports leagues.” well as of Great Hill Partners, the In re: ) provisionsinArticleIXofthePlan. APC AUTOMOTIVETECHNOLOGIES ) Chapter 11 PLEASE TAKE FURTHER NOTICE that the Plan and its provisions are predicted. Last week, the agency digital,” James Quincey, the chief The uncertainty has provided a private equity firm that had taken INTERMEDIATE HOLDINGS,LLC, et al. , 1 ) Case No.20-11466 (CSS) bindingontheDebtors,theReorganizedDebtors,andanyHolderofaClaim Wieden & Kennedy laid off 11 per- executive, said during a confer- challenge to an industry that tried Debtors. ) (Jointly Administered) or an Interest and such Holder’s respective predecessors, successors, and NOTICE OF (I) ENTRY OF ORDER APPROVING THE assigns,whetherornottheClaimortheInterestofsuchHolderisImpaired cent of its work force, citing “an ence call last week. The company to gauge the national mood. FIRST AMENDED DISCLOSURE STATEMENT FOR,AND underthePlan,andwhetherornotsuchHoldervotedtoacceptthePlan. impasse” with the pandemic. will “be judicious in our use of “The consumer psyche and CONFIRMING,THE DEBTORS’FIRST AMENDED JOINT PLEASE TAKE FURTHER NOTICE that the Plan and the Confirmation ONLINE AUCTION PREPACKAGED CHAPTER 11 PLAN OF REORGANIZATION Ordercontainotherprovisionsthatmayaffectyourrights. Youareencour- Havas, another large ad company marketing,” he added, as it tries to what they wanted to hear and AND (II) OCCURRENCE OF EFFECTIVE DATE agedtoreviewthePlanandtheConfirmationOrderintheirentirety. By Order of Oswego County, NY TO ALL CREDITORS, INTEREST HOLDERS, AND OTHER PARTIES Dated: July 24,2020, Wilmington,Delaware that laid off employees, said that track changes in regional lock- needed to hear from brands would ININTEREST: /s/ Domenic E. Pacitti , Domenic E. Pacitti (DE Bar No. 3989), Michael W. recovering “will undoubtedly take down policies. just change week to week,” said 280-TAX FORECLOSED PLEASE TAKE NOTICE that on July 10, 2020, the United States Yurkewicz (DE Bar No.4165), KLEHR HARRISON HARVEY BRANZBURG Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), LLP, 919 North Market Street, Suite 1000,Wilmington, Delaware 19801, more time than hoped.” But there are reasons for opti- Chris Brandt, the chief marketing PROPERTIES entered an order [Docket No. 178] (the “Confirmation Order”) approving Telephone: (302) 426-1189, Facsimile: (302) 426-9193 -and- Morton “There will be fewer and small- mism. Dentsu, a major advertis- officer of Chipotle. the First Amended Disclosure Statement for the Joint Prepackaged Chapter R. Branzburg (admitted pro hac vice ), KLEHR HARRISON HARVEY TIRED OF THE CITY LIFE? 11 Plan of Reorganization of APC Automotive Technologies Intermediate BRANZBURG LLP, 1835 Market Street,14th Floor,Philadelphia,PA 19103, er agencies that are just as capa- ing holding company, has re- Filming restrictions meant that Holdings, LLC and Its Debtor Affiliates Pursuant to Chapter 11 of the Telephone:(215) 569-2700, Facsimile:(215) 568-6603 -and- Jonathan S. Bankruptcy Code [Docket No. 25] (as the same may have been modified, Henes, P.C. (admitted pro hac vice ), KIRKLAND & ELLIS LLP,KIRKLAND ble, if not more capable, because turned some agency employees to the restaurant chain had to turn to COME TO supplement, and amended, the “First Amended Disclosure Statement”) & ELLIS INTERNATIONAL LLP, 601 Lexington Ave, New York, New York they’ll lean on technology for ba- full shifts after reducing their “really scrappy” tactics to and confirming the First Amended Joint Prepackaged Chapter 11 Plan of 10022, Telephone: (212) 446-4800, Facsimile: (212) 446-4900, Proposed OSWEGO COUNTY! Reorganization of APC Automotive Technologies Intermediate Holdings, Co-Counsel to the Debtors and Debtors in Possession sic tasks — like a bot that takes schedules. At the advertising and produce ads, such as using Face- LLC and Its Debtor Affiliates Pursuant to Chapter 11 of the Bankruptcy Code IFYOUHAVEANYQUESTIONSABOUTTHISNOTICE, notes for you during a call, that communications giant WPP, Time and previously created ma- Waterfront, Camps, [Docket No. 165] (as the same may have been modified, amended, and PLEASECONTACTSTRETTOBYCALLING(855)-260-9397 Single Family Homes, including all supplements and exhibits thereto, the“Plan”) 2 (attached as 1 The Debtors in these chapter 11 cases, along with the last four digits processes the paperwork to hire which has had over 100,000 em- terial. A recent campaign shot on a Exhibit A to the Confirmation Order) of the above-captioned debtors and of each Debtor’s federal tax identification number, are: APC Automotive Multi-Family Homes, an influencer for a campaign, or ployees working from home for farm in Idaho cost “a fraction of debtorsinpossession(collectively,the“Debtors”). Technologies Intermediate Holdings, LLC (0991); Airtek, LLC (1239); Vacant Land and PLEASE TAKE FURTHER NOTICE that the Effective Date of the Plan AP Emissions Technologies, LLC (8219); AP Exhaust Products Disc, Inc. does audience analysis for a me- months, new business plunged what a full-blown production occurredonJuly24,2020.Eachoftheconditionsprecedenttoconsummation (0288);APC AutomotiveTechnologies,LLC (6651);Aristo,LLC (4541);CWD Commercial Properties ofthePlanenumeratedinArticleVIIIofthePlanhavebeensatisfiedorwaived Acquisition, LLC (4286); CWD Holding Corp. (7381); CWD Intermediate dia planner,” Mr. Pattisall said. early in the pandemic but has re- would have cost,” Mr. Brandt said. inaccordancewiththePlanandtheConfirmationOrder. Corp.(7285); CWD, LLC (5832); Eastern Manufacturing, LLC (2410); Qualis covered to early 2020 levels. CollarCityAuctionsOnline.com PLEASETAKEFURTHERNOTICE thattheConfirmationOrder,thePlan, Automotive,L.L.C.(7291);and Qualis Enterprises,Inc.(6610). The Debtors’ Other work may go to part-time “This is the new standard,” he and copies of all documents filed in these chapter 11 cases are available service address is: 10822 West Toller Drive, Suite 370, Littleton, Colorado contractors, as companies seek WPP and the rest of the country said. “I don’t want to go back to ev- (888) 222-1522 free of charge by visiting https://cases.stretto.com/APC or by calling the 80127. Turn Your Assets Into Debtors’restructuring hotline at (855)-260-9397 (toll free) or (949)-407- 2 Capitalized terms used but not otherwise defined herein have the flexibility, said Kenny Tomlin, who have “seen decades of innovation ery spot being half a million dol- Cash. Call Today! 8590 (international). You may also obtain copies of any pleadings filed in meanings ascribed to them in the Plan and the Confirmation Order, as recently co-founded the digital in a few short months,” said its lars.” thesechapter11casesforafeeviaPACERat:http://www.deb.uscourts.gov. applicable.