eToys warned remaining potential investors that the company now considers its securities
to be 'worthless.'
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Long-struggling Internet retailer eToys (Nasdaq: ETYS)
announced Monday that it will file for protection
under U.S. bankruptcy law within the next five to 10 days.
The Los Angeles, California-based company
said it concluded that "under any scenario," its outstanding
liabilities of approximately US$274 million would "substantially
exceed" the value of any proceeds or assets that could be
realized from any strategic transaction.
Based on that
conclusion, eToys said it has "determined that it has no
alternative other than to file for bankruptcy protection."
The company also warned investors that its outstanding equity
securities, including both its common stock and its Series D
preferred stock, have no value. The company encouraged anyone
considering an investment in eToys' securities to consider the company's
determination that the securities are "worthless."
Off the List
eToys also said that it has received a notice from the Nasdaq that it no
longer meets the minimum net tangible assets requirement for
the listing on the exchange.
eToys said that it does not anticipate being able to
regain compliance with this requirement.
The common stock will likely be delisted from trading
on Nasdaq shortly.
Wind-up Time
eToys has said that it has cash on hand to continue its operations
only to March 31st and that it had given all of its 293 remaining
employees termination notices, with termination dates extending
up to April 6th.
The embattled toy e-tailer plans to shut down the eToys Web
site on or about March 8th. After the site is shut down, eToys
said it would focus solely on winding down its business and
liquidating its assets.
Once one of the Web's high flyers, eToys has made a series
of bad-news announcements in recent months. So its
decision to file bankruptcy comes as no surprise.
Close, But No Cigar
Earlier in the month, the company announced that it would
lay off its remaining employees and wind down operations
by the beginning of April. At that time, the company's
directors said they did not think additional capital would become
available to the company. However, the company held out the hope for an 11th-hour solution.
In December, amid a robust online shopping
season, the e-tailer cautioned that it
was seeing weaker-than-expected sales and would
miss its fourth-quarter target. The company also warned that
its cash reserves had plunged and that it would burn through
its remaining cash by March of this year.
In January, the company laid
off about 700 workers, or 70 percent of its workforce, in
an attempt to stretch its cash reserves as long as possible.
The company's European wing -- which ranked as the top
toy e-tailer in its market -- also shut
down in January, citing a lack of financial support from
its parent company.