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Matthew Harding: Being in malls, Bebe Stores would have a more limited universe of landlords to deal with, and they did not have all that many stores. If you’re dealing with another chain, someone going through the process now—like Payless, which has 4,000 stores—think about how many deals they have and how many deals they would have to negotiate. They had the capital to be able to offer incentives to the landlords as an alternative to going through the bankruptcy process, which is long & expensive for everybody. NREI: Bebe Stores’ brick and mortar liquidation strategy still needed the participation of mall landlords to be successful. How will the landlords benefit from this arrangement? Matthew Harding: You think of a retailer or business that is filing bankruptcy, either they file for Chapter 11 and reorganize, or they file for Chapter 7 and liquidate. Here the facts don’t really match that. Bankruptcy negotiations can be a protracted process with an uncertain outcome. Bebe was not as financially stressed as some other retailers that have filed for bankruptcy. The company had more to offer landlords when effectively buying out their leases; by saying, “Hey, if we go through bankruptcy you may just get pennies on the dollar. If we work out a deal you’ll get something more than that.” They were able to convince landlords to do that.

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