Hostess Names Flowers as Lead Bidder for Bread Business

The saga continues.

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Hostess Brands Inc., the bankrupt maker of Wonder bread and Twinkies, said Flowers Foods Inc. (FLO) is the lead bidder for most of the assets of its bread-baking operations.

“We are pleased with the Flowers offers and look forward to a robust auction process that will allow these iconic brands to continue and to maximize value for all of the company’s stakeholders,” Hostess Chief Executive Officer Gregory F. Rayburn said yesterday in a statement.

The proposed accord with Flowers Foods includes the purchase of the Wonder, Butternut, Home Pride, Merita and Nature’s Pride brands, 20 bakeries, 38 depots and other assets for $355 million, which may be increased to $360 million if certain license rights are included in the sale. The remaining bread brands, as well as its snack cake business, will be sold separately, according to the statement.

Flowers Foods, based in Thomasville, Georgia, also agreed to

Judge approves Hostess liquidation

Twinkies maker Hostess wins court OK to close

By Martinne Geller and Jonathan Stempel

NEW YORK | Wed Nov 21, 2012 4:06pm EST

(Reuters) – Hostess Brands Inc on Wednesday won permission from a U.S. bankruptcy judge to begin shutting down, and expressed optimism it will find new homes for many of its iconic brands, which include Twinkies, Drake’s cakes and Wonder Bread.

U.S. Bankruptcy Judge Robert Drain in White Plains, New York authorized current management, led by restructuring specialist Gregory Rayburn, to immediately begin efforts to wind down the 82-year-old company, a process expected to take one year.

“It appears clear to me that the debtors have taken the right course in seeking to implement the wind-down plan as promptly as possible,” Drain said near the end of a four-hour hearing.

The judge authorized Hostess to begin the liquidation process one day after his last-ditch mediation effort between the Irving, Texas-based company and its striking bakers’ union broke down.

Roughly 15,000 workers were expected to lose their jobs immediately, and most of the remaining 3,200 would be let go within four months.

“This is a tragedy, and we’re well aware of it,” Heather Lennox, a lawyer for Hostess, told the judge. “We are trying to be as sensitive as we can possibly be under the circumstances to the human cost of this.”

SALE PROSPECTS

Lennox said Hostess has received a “flood of inquiries” from

Hostess with the mostess? Try CEO with the mostess. Hostess executives attempted to deceive investors, creditors & legal system before filing bankruptcy.

As the saying goes, “It ain’t over ’til the fat lady sings.”

At this point, apparently, she’s not yet begun, although she is “in the house.”

And, from our “WTF?!?” files, comes this item:

In early February, Hostess had asked the bankruptcy judge to approve a sweet new employment deal for Driscoll. Its terms guaranteed him a base annual salary of $1.5 million, plus cash incentives and “long-term incentive” compensation of up to $2 million. If Hostess liquidated or Driscoll were fired without cause, he’d still get severance pay of $1.95 million as long as he honored a noncompete agreement.

The committee representing Hostess’s unsecured creditors alleges that information it has gathered suggests “the possibility” that the company converted a chunk of its top executives’ pay from performance-based bonuses to salary, “at least in part to sidestep” rules designed to ensure that companies in bankruptcy aren’t enticing their employees to stay on board with the promise of cash, according to documents filed with the U.S. Bankruptcy Court in White Plains, N.Y.

This solitary example is a wonderful one for illustrating what is WRONG with corporate governance and corporate operations in the United States. It’s an even more sad commentary that laws must be enacted to require people to do the right thing. At this juncture, the judge overseeing the Hostess Brands Inc. bankruptcy is doing precisely that.

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Hostess and Bakers Union Asked Accept Strike Mediation

The judge overseeing Hostess Brands Inc. declined to approve the company’s liquidation today and asked management and the bakers’ union to enter mediation tomorrow to resolve the strike that the maker of Twinkies and Wonder bread said forced it to shut.

U.S. Bankruptcy Judge Robert Drain said at a hearing in White Plains, New York, that there are “serious questions as to the logic behind the decision to strike.” Hostess and the bakers’ union agreed to Drain’s request to enter confidential mediation under his supervision.

“To me, not to have gone through that step leaves a huge question mark over this case which I think will only be answered in litigation,” Drain said. “My desire to do this is prompted primarily by the potential loss of over 18,000 jobs, as well as my belief that there is a possibility to resolve this matter, notwithstanding the losses the debtors have incurred over the last week or so.”

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Hostess hasn’t spoken with the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union since August, said Heather Lennox, a lawyer for the company. Hostess is seeking permission from Drain to pay bonuses to key managers while closing operations that will leave most of its 18,500 workers unemployed. Any agreement arising from the mediation would probably come too late to save the company, Lennox said.

“Things have gone too far to repair themselves under the current form,” Lennox, a partner at Jones Day, told Drain. “It would be very hard for us to recover from this damage even if there were to be an agreement in the near term.”

‘Best Shot’

“Our best shot is to see what we can sell as going concerns and have the company continue that way,” she said. The hearing to consider Hostess’s request to wind down was postponed until Nov. 21.

Hostess said Nov. 16 that it would shut, claiming that a weeklong strike by the bakers’ union forced liquidation. The union blamed management’s concession demands, while some employees blamed both sides. Strikers were still outside the company’s facilities today, Hostess’s lawyers said.

Corrina Christensen, a spokeswoman for the bakers’ union, didn’t immediately respond to an e-mail seeking comment on the mediation.

Teamsters

The International Brotherhood of Teamsters, whose members distribute Hostess products, had ratified a new contract with 8 percent in wage concessions and 17 percent in benefit reductions.

“The Teamsters will closely monitor the mediation between the BCTGM and Hostess management and assist in any way we can to help the two sides reach an agreement that keeps the company’s doors open,” Ken Hall, the Teamsters general secretary- treasurer, said today in a statement.

The judge may be creating risk for both sides that encourages them to reach a deal, Ken Russak, a bankruptcy attorney at Frandzel Robins Bloom & Csato in Los Angeles, said today in an interview. “The bankruptcy judge would much prefer to have the parties work something out than having to

Hostess Twinkies go Bye-Bye… for now. But why? Who’s to blame?

Who’s to Blame for the Hostess Bankruptcy: Wall Street, Unions, or Carbs?

By Jordan Weissmann

Try all of the above.

There are two important things to realize about this rather sad situation. First: Twinkie, Wonder, and all the other high-calorie marvels of culinary science Hostess sells aren’t going to disappear from shelves for good. One of its competitors will likely swoop in, buy them up, and restart production. So you can stop bidding on $100 boxes of Sno Balls on eBay.

Hostess Brands, the maker of Twinkie and Wonder Bread, is getting ready to bake its last corn-syrupy snack cake. After failing to win major contract concessions from one of its key labor unions, the beleaguered 82-year-old company has asked a federal bankruptcy court for permission to start liquidating its assets — or, in real person speak, begin the process of selling off pieces of the company to the highest bidder while laying off most of its 18,500 workers. (Reuters)

Second: This is not a simple story that anybody should try to slot neatly into their political talking points. It’s not just about Wall Street preying on Main Street, or big bad labor unions sucking a wholesome American company dry. It’s about an entire galaxy of bad decisions that will cost many people their jobs and money.

As David Kaplan chronicled at length for Fortune earlier this year, the roots of this debacle go back to when Hostess entered its first bankruptcy in 2004. Not unlike the situation automakers would find themselves in a few years later, the company was collapsing under the weight of flagging sales, overly generous union contracts replete with ridiculous work rules, and gobs of debt. But unlike the automakers, the five years Hostess spent trying to fix itself in Chapter 11 didn’t fix its fundamental problems.

Instead, they set the stage for its eventual demise. A private equity company, Ripplewood Holdings, paid about $130 million dollars to take Hostess private, and the company’s two major unions, the Teamsters and the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, sacrificed about $110 million in annual wages and benefits. But