Ted Baker Canada initiates CCAA Proceedings amid financial distress following asset acquisition

Company

Ted Baker Canada Inc.

Law Firm / Organization
Osler, Hoskin & Harcourt LLP

Company

Alvarez & Marsal Holdings, LLC

Law Firm / Organization
Bennett Jones LLP

Bank

CIBC Bank

Law Firm / Organization
Blake, Cassels & Graydon LLP

Company

OSL Retail Services

Law Firm / Organization
McCarthy Tétrault LLP

Ted Baker Canada Inc., along with its affiliates, obtained CCAA protection on April 24, 2024, amidst financial turmoil in their retail and ecommerce operations across Canada and the US. They operated 25 stores under the banners Ted Baker, Lucky Brand, and Brooks Brothers, employing about 280 staff, plus six retail concessions in HBC stores. Previously under Authentic Brands Group, the companies were sold to OSL Fashion Services early in 2023.

In August 2023, the entities acquired assets related to the Lucky Brand and Brooks Brothers brands, partially financed by a CIBC loan with a remaining balance of $43.5 million (US$31.6 million). Following these acquisitions, the companies faced significant challenges, including supply chain disruptions, tightened payment terms due to the insolvency of Ted Baker's UK operations, a transition to a new technology platform during peak sales season, and low overall sales.

The CCAA proceedings aimed to allow the companies to restructure under DIP financing from CIBC. They also sought recognition of these proceedings under Chapter 15 of the US Bankruptcy Code. A&M served as the monitor, with legal counsel provided by Osler for the companies, Bennett Jones for the monitor, Blakes for CIBC, and McCarthys for OSL.

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