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Sports & Entertainment Spotlight – May 2021 #2 | Foster Garvey PC

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Sports & Entertainment Spotlight - May 2021 #2 | Foster Garvey PC

The word of the week for this edition is “credibility.” In the courts of law and public GFN, credibility (or the quality of being trusted and believed in) is everything. Just ask famed Triple Crown horse trainer Bob Baffert, who is currently embroiled in a doping scandal over the 2021 Kentucky Derby winner, Medina Spirit—the fifth horse of Baffert’s to test positive for banned substances this year. Baffert served up wide-ranging explanations/conspiracy theories/excuses for the infraction, blaming “cancel culture,” then cough syrup-urine-soaked hay and most recently—and perhaps most plausibly—a daily ointment administered to the horse. Probably should have led with the ointment.

The impact of credibility was also on full display when avowed cryptophile Elon Musk hosted last week’s Saturday Night Live, he pulled the rug out from under meme cryptocurrency, Dogecoin, referring to it as a “hustle”—robbing it of the credibility that he himself had lent it—only to prop it back up by stating his company Space X would accept Dogecoin payment for trips to space.

The theme of credibility finally brings us to NCAA President, Mark Emmert, who has dragged his feet for years in the efforts to enable college athletes to receive compensation for the use of their names, images and likenesses (NIL), to the point that many are suspect of his credibility. Then came news (featured below) that Emmert is asking the NCAA to move forward with plans to approve new NIL rules in advance of July 1, the date on which several states’ NIL legislation comes into effect. What those rules might look like is unclear, but Emmert, who just received a five-year extension to his tenure as NCAA President, appears to be on the precipice of either salvaging or irretrievably losing his credibility.

What else grabbed my attention this week? Glad you asked…

  • Model Ashley Graham’s hair removal partnership with Harry’s Inc. highlights how more and more brands are giving celebrities a more integral role in product development, creative and financials, going beyond the more run-of-the-mill ambassador/influencer relationships. Smooth move.
  • Live sports streaming service DAZN inks a content development deal with world-renowned footballer Ronaldo. More eyeballs is clearly the goooooooooooooooaaaaaaalllllll!
  • Jay-Z once again proves he’s not just a businessman, “he’s a business, man,” by making preparations to launch his own film and TV production company.
  • Carole Baskin (“famed” from Netflix’s hit show “Tiger King”) is the latest “cool cat” to look to cash in on the NFT craze – which has appeared to have cooled down in recent months.

Endorsement Deals, Sponsorships & Investments

Harry’s Partnership With Graham Shows Celebrity Deals’ Evolution
May 11, 2021 via Bloomberg – Top Stories (subscription may be required)
Shaving company Harry’s Inc. is bringing on model Ashley Graham to create and sell a line of body hair removal kits, and the partnership shows how beauty companies are gravitating toward new business models for celebrity deals.

Elon Musk Accepts Dogecoin as Payment for a SpaceX Mission
May 11, 2021 via Entrepreneur
Is it a scam or not? In his recent appearance on Saturday Night Live (SNL), Elon Musk called Dogecoin a “scam.” However, this Monday (May 10), GFN Business reported that the founder of Tesla and SpaceX will accept cryptocurrency as a form of payment in a space mission of his company.

Jay-Z Joins the NFT World With $19 Million Investment Venture
May 8, 2021 via HotNewHipHop
Jay-Z does not rest when it comes to making the right investment ventures to earn him a proper return. He owns his own liquor brands, marijuana line and just recently reportedly filed paperwork to trademark “2/J” for TV and film production. That all being considered, fresh off selling his Tidal venture to Jack Dorsey’s Square for a cool $350 million, he’s now ready to enter the world of NFTs.

Foo Fighters’ Grohl — And His Mom — Usher Ram Into Post-COVID Ad Era
May 9, 2021 via Forbes – Top Stories (subscription may be required)
Dave Grohl is an actual rock star. But one of the stars of the new advertisement for Ram trucks, titled “Rock Star,” is the mother of the Foo Fighters frontman and a former school teacher. Virginia Hanlon Grohl exemplifies the everyday “rock stars” that the Stellantis brand is celebrating in a new national campaign that joins an important pivot by the U.S. marketing industry to a post-pandemic outlook.

Inside Jonathan Cheban’s Rise: How a Blimpie Driver Became the Foodgod
May 7, 2021 via New York Post
At 16, Jonathan Cheban’s car smelled of vinegar and oil, an aroma left over from his job as a Blimpie delivery driver in Fort Lee, New Jersey. Today, the infamous Kardashian bestie — some might say hanger-on — who has legally changed his name to Foodgod, lives large in multimillion-dollar properties in New York, Los Angeles and Miami, drives luxury cars and racks up astronomical restaurant bills — after all, his brand promise is that he eats out 365 days a year.


Film & TV

Dave Bautista Joins Daniel Craig in Director Rian Johnson’s Highly-Anticipated Knives Out 2
May 10, 2021 via California Sun
Dave Bautista has become the first to join Daniel Craig and writer-director Rian Johnson in Knives Out 2 for Netflix. It was reported in March that Dave Bautista has become the first to join Daniel Craig and writer-director Rian Johnson in Knives Out 2 for Netflix.

Rob McElhenney and Ryan Reynolds: Stars Never Met Before Buying Wrexham
May 10, 2021 via BBC Sport
A Hollywood script along similar lines might be laughed out of Tinseltown. A famous actor with a soft spot for the spirit-lifting romance and bitter disappointment of sport is inspired to buy a club by a Netflix fly-on-the-wall football documentary. What is more, he manages to persuade an even more famous actor to join him.

Jay-Z Reportedly Files Trademark for New Film and TV Production Company, 2/J
May 10, 2021 via DJ Magazine
Jay-Z has reportedly filed a new trademark for a TV and film production company. TMZ reports that the rapper is planning to further extend his business projects by entering into the world of TV and film production, with a trademark having been filed for the name ‘2/J’.

Hit RomCom Webtoon ‘Let’s Play’ is Getting a TV Adaptation
May 6, 2021 via Forbes – Business (subscription may be required)
In another sign that the serialized GenZ-friendly comics published on mobile platforms such as Webtoon are a rising force in the media industry, Leeanne M. Krecic’s megapopular romantic comedy series Let’s Play just got a development deal from Allnighter to produce a live-action television series, the company announced today.

DAZN Reveals Ronaldo Development Deal, Executive Hugh Sleight Discusses Upcoming Originals (Exclusive)
May 5, 2021 via Variety
Global streaming sports platform DAZN and Brazilian soccer legend Ronaldo have closed a multi-project development deal kicking off with “El Presidente,” a docu-series chronicling the former striker’s tenure as part owner of Spanish club Valladolid FC, which will launch globally on May 20.


Music Biz

Ten House Members Add Their Names to Resolution Opposing Radio Royalty
May 11, 2021 via Inside Radio – News
The race to 218 – the number of House members need to effectively block any legislation from becoming law – has begun again for broadcasters as the radio industry looks to sideline any bill that requires stations to pay performance royalties for on-air music use.

Court Releases $1.7 Million Deposit From Ed Stolz To Music Companies That Sued Him
May 10, 2021 via Inside Radio – News
Ed Stolz’s fight to hold onto his three FMs continues in an ongoing battle with a group of music companies who won a lawsuit against the broadcaster for airing their music without licensing it. In the latest twist, a federal judge in California has ordered that the $1,685,673 that Stolz had deposited with the court be released to the music companies.

Big Red Hot Chili Peppers Deal Shows Song Catalogs as a ‘Safe Asset Class’
May 8, 2021 via Yahoo Finance – Top Stories
The Red Hot Chili Peppers are said to be selling the rights to its song catalog, which include hits like “Californication” and “Scar Tissue,” — in a deal that may have implications for the music industry. London-based music investment company Hipgnosis will acquire the catalog.

Music Royalty Funds Hitting the High Notes, Liberum Says
May 6, 2021 via Proactive Investors – Markets
In the music publishing sector, digital revenue growth is outpacing the loss of performance rights income, which bodes well for music royalty funds. Liberum Capital Markets, in a research note on the burgeoning sector that includes in the UK Hipgnosis Songs Fund Ltd (LON:SONG) and One Media IP Group PLC (LON:OMIP), said competition for assets remains fierce with several investors announcing their intention to deploy significant capital in the coming years.

Record Industry Pushes Back Against Radio’s Fresh Efforts to Keep Royalties At Bay
May 5, 2021 via Inside Radio – News
Familiar battle lines are taking shape in Washington as the music industry is pushing back against efforts by allies of radio to block any attempts to change federal law to require radio stations to pay royalties for over-the-air music use.


Non-Fungible Tokens

NFTs: An Existential Question
May 11, 2021 via Bloomberg Law – Daily Tax Report (subscription may be required)
Are non-fungible tokens (NFTs) a fad or the next big thing? James Creech considers whether the issues for tax practitioners are as simple as what was the seller’s realized price and basis, and was the character ordinary or capital.

Boxer Floyd Mayweather Is Releasing NFTs Later This Month
May 11, 2021 via The Block Crypto
Boxing champion Floyd Mayweather is releasing non-fungible tokens (NFTs) on May 26. The post Boxer Floyd Mayweather is releasing NFTs later this month appeared first on The Block.

Merriam-Webster Is Selling the Definition of ‘NFT’ as an NFT
May 11, 2021 via Complex
Merriam-Webster is treating the definition of “NFT” in the only way that seems fit. The publisher announced on Tuesday that it will be selling the official definition of a non-fungible token (NFT) as a, you guessed it, NFT. The auction began on Tuesday and closed at 11:59 p.m. ET.

Big Cat Rescue’s Carole Baskin Announces New Cryptocurrency and NFTs. Here’s What That Means.
May 6, 2021 via Tampa Bay Online – All Content
She’s launched a line of cheetah-print face masks, strutted on Dancing With the Stars and sold personalized videos of herself to fans via Cameo. Now Big Cat Rescue founder Carole Baskin is getting into cryptocurrency. Or as she calls it, “purr-ency.” Last week, Baskin announced the launch of $CAT, a new digital fan token for supporters of Big Cat Rescue. NFTs, or non-fungible tokens, are coming in a few weeks.

After First Quarter Frenzy, NFT Market Shows Signs of Stabilizing
May 5, 2021 via One America News Network – Tech
After a frenzied first quarter for non-fungible tokens (NFTs), the market for blockchain-based digital assets ranging from art and videos to songs and tweets slowed in April, platform and product data shows.


Right of Publicity

N.C.A.A. Chief, Pressured by State Laws, Pushes to Let Athletes Cash In
May 8, 2021 via New York Times – Global View (subscription may be required)
The University of Miami has long been able to make a glossy pitch to the students it hopes will star on its sports teams: an exceptional athletic tradition, respected academics, South Florida’s sun-kissed glamour. For months, though, coaches at Miami — and every other college in Florida — have had a new selling point: Play here and, thanks to a new state law, maybe make some money off your athletic fame.

Voice Actor Sues TikTok for Imitating Her Voice and Likeness
May 7, 2021 via Law Street Media
Last Thursday (May 6), voice actor Beverly Standing, also known as Bev Standing, filed a complaint in the Southern District of New York against ByteDance E-Commerce Inc., doing business as TikTok, alleging that the defendant has imitated her likeness, particularly the likeness of her voice.

New Georgia Law Legalizes College Athlete Endorsements
May 6, 2021 via WTXL ABC Tallahassee News
College athletes in Georgia may now collect endorsements and sponsorships. Georgia Gov. Brian Kemp (R) signed the state’s new bill regulating athletes’ name, image and likeness rights on Thursday (May 6.)

Entertainment

AMC Entertainment Holdings, Inc. Announces Outstanding Share Count Ahead of July 29, 2021 Shareholder Meeting

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AMC Entertainment Holdings, Inc. Announces Outstanding Share Count Ahead of July 29, 2021 Shareholder Meeting

LEAWOOD, Kan.–(BUSINESS WIRE)–Fulfilling a commitment to release share count data, AMC Entertainment Holdings, Inc. (NYSE: AMC) (“AMC” or “the Company”) is today providing the following information:

  • There were 501,780,240 AMC shares outstanding as of June 2, 2021, the record date for the Shareholder Meeting that is scheduled for July 29, 2021.

  • Only the holders of these shares whose trades have settled as of June 2, 2021 are entitled to vote at the Shareholder Meeting. Trading or other transactions relating to the shares, such as share borrowing, derivatives (including options contracts) or short selling, do not impact the number of shares entitled to vote at the Shareholder Meeting.

  • Advance voting for the Annual Shareholder meeting is expected to begin on June 16 and will continue through July 28. The details of proposals up for a vote and procedures for voting will be available in AMC’s proxy statement, a preliminary version of which is being filed today, with the definitive proxy statement expected to be filed on June 16. Shortly thereafter, the proxy and voting materials will be mailed or emailed to individual investors known to AMC, and to brokerage firms holding shares on behalf of investors in street name. Such investors are encouraged to reach out to their brokers in the latter part of June or early in July if proxy materials have not yet been forwarded to them by their brokers.

  • The share count presented above includes those shares held by both domestic and international investors. AMC has been informed that certain international brokerage houses may restrict international investors’ ability to cast their votes. Affected international investors may wish to seek out other brokers who do facilitate shareholder voting for future elections.

  • AMC expects to receive an approximate count of the number of individual shareholders whose trades have settled as of June 2 and will release this information as soon as it is available, which is currently anticipated to be no later than June 9.

  • The Company does not record or have access to information regarding any share lending or short selling transactions other than what is publicly available from third party providers.

  • AMC has received a number of inquiries regarding so-called synthetic shares and fake shares. AMC has no reliable information about this, therefore we can make no comment in this regard. AMC only maintains records regarding the shares it has legally issued and which are outstanding.

  • The Company has received a number of inquiries regarding speculation about a potential split or reverse split of our stock. A stock split or reverse stock split is not a capital raising transaction and therefore does not achieve the aims of bolstering our liquidity or providing proceeds for other transactions. AMC has no plans to propose or take any actions regarding a stock split or reverse stock split, and in any event such actions would require shareholder approval.

  • AMC understands that there is considerable trading in derivatives on the Company’s stock including both put and call options. These derivative securities can have the effect of increasing the volatility of AMC’s share price, and while they can be structured to replicate the economics of owning or short selling real AMC shares, they carry no voting rights.

About AMC Entertainment Holdings, Inc.

AMC is the largest movie exhibition company in the United States, the largest in Europe and the largest throughout the world with approximately 950 theatres and 10,500 screens across the globe. AMC has propelled innovation in the exhibition industry by: deploying its Signature power-recliner seats; delivering enhanced food and beverage choices; generating greater guest engagement through its loyalty and subscription programs, web site and mobile apps; offering premium large format experiences and playing a wide variety of content including the latest Hollywood releases and independent programming. For more information, visit www.amctheatres.com.

Website Information

This press release, along with other news about AMC, is available at www.amctheatres.com. We routinely post information that may be important to investors in the Investor Relations section of our website, www.investor.amctheatres.com. We use this website as a means of disclosing material, non-public information and for complying with our disclosure obligations under Regulation FD, and we encourage investors to consult that section of our website regularly for important information about AMC. The information contained on, or that may be accessed through, our website is not incorporated by reference into, and is not a part of, this document. Investors interested in automatically receiving news and information when posted to our website can also visit www.investor.amctheatres.com to sign up for email alerts.

Additional Information and Where to Find It

This communication may be deemed solicitation material in respect of the Annual Meeting of stockholders (the “Annual Meeting”) of AMC Entertainment Holdings, Inc. (“AMC” or the “Company”). This communication does not constitute a solicitation of any vote or approval. In connection with the Annual Meeting, the Company plans to file with the Securities and Exchange Commission (the “SEC”) and mail or otherwise provide to its stockholders a proxy statement regarding the business to be conducted at the Annual Meeting. The Company may also file other documents with the SEC regarding the business to be conducted at the Annual Meeting. This document is not a substitute for the proxy statement or any other document that may be filed by the Company with the SEC.

BEFORE MAKING ANY VOTING DECISION, THE COMPANY’S STOCKHOLDERS ARE URGED TO READ THE PROXY STATEMENT IN ITS ENTIRETY WHEN IT BECOMES AVAILABLE AND ANY OTHER DOCUMENTS FILED BY THE COMPANY WITH THE SEC IN CONNECTION WITH THE BUSINESS TO BE CONDUCTED AT THE ANNUAL MEETING BEFORE MAKING ANY VOTING OR INVESTMENT DECISION WITH RESPECT TO THE BUSINESS TO BE CONDUCTED AT THE ANNUAL MEETING BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT THE BUSINESS TO BE CONDUCTED AT THE ANNUAL MEETING.

Stockholders may obtain a free copy of the proxy statement and other documents the Company files with the SEC (when available) through the website maintained by the SEC at www.sec.gov. The Company makes available free of charge on its investor relations website at www.investor.amctheatres.com copies of materials it files with, or furnishes to, the SEC.

Participants in the Solicitation

The Company and its directors, executive officers and certain employees and other persons may be deemed to be participants in the solicitation of proxies from the Company’s stockholders in connection with the business to be conducted at the Annual Meeting. Security holders may obtain information regarding the names, affiliations and interests of the Company’s directors and executive officers in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2020, which was filed with the SEC on March 12, 2021 (the “2021 Form 10-K”). To the extent the holdings of the Company’s securities by the Company’s directors and executive officers have changed since the amounts set forth in the Company’s 2021 Form 10-K, such changes have been or will be reflected on Statements of Change in Ownership on Form 4 filed with the SEC.

Forward Looking Statements

This communication includes “forward-looking statements” within the meaning of the federal securities laws. In many cases, these forward-looking statements may be identified by the use of words such as “will,” “may,” “could,” “would,” “should,” “believes,” “expects,” “anticipates,” “estimates,” “intends,” “indicates,” “projects,” “goals,” “objectives,” “targets,” “predicts,” “plans,” “seeks,” and variations of these words and similar expressions. Examples of forward-looking statements include statements we make regarding the impact of COVID-19, future attendance levels and our liquidity. Any forward-looking statement speaks only as of the date on which it is made. These forward-looking statements may include, among other things, statements related to AMC’s current expectations regarding the performance of its business, financial results, liquidity and capital resources, and the impact to its business and financial condition of, and measures being taken in response to, the COVID-19 virus, and are based on information available at the time the statements are made and/or management’s good faith belief as of that time with respect to future events, and are subject to risks, trends, uncertainties and other facts that could cause actual performance or results to differ materially from those expressed in or suggested by the forward-looking statements. These risks, trends, uncertainties and facts include, but are not limited to, risks related to: AMC’s ability to obtain additional liquidity, which if not realized or insufficient to generate the material amounts of additional liquidity that will be required unless it is able to achieve more normalized levels of operating revenues, likely would result in AMC seeking an in-court or out-of-court restructuring of its liabilities; the potential impact of AMC’s existing or potential lease defaults; the impact of the COVID-19 virus on AMC, the motion picture exhibition industry, and the economy in general, including AMC’s response to the COVID-19 virus related to suspension of operations at theatres, personnel reductions and other cost-cutting measures and measures to maintain necessary liquidity and increases in expenses relating to precautionary measures at AMC’s facilities to protect the health and well-being of AMC’s customers and employees; AMC’s significant indebtedness, including its borrowing capacity and its ability to meet its financial maintenance and other covenants; the manner, timing and amount of benefit AMC receives under the CARES Act or other applicable governmental benefits and support; the impact of impairment losses; motion picture production and performance; AMC’s lack of control over distributors of films; intense competition in the geographic areas in which AMC operates; increased use of alternative film delivery methods or other forms of entertainment; shrinking exclusive theatrical release window; AMC Stubs A-List not meeting anticipated revenue projections; general and international economic, political, regulatory and other risks; limitations on the availability of capital; AMC’s ability to refinance its indebtedness on favorable terms; availability of financing upon favorable terms or at all; risks relating to impairment losses, including with respect to goodwill and other intangibles, and theatre and other closure charges; and other factors discussed in the reports AMC has filed with the SEC. Should one or more of these risks, trends, uncertainties or facts materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those indicated or anticipated by the forward-looking statements contained herein. Accordingly, you are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date they are made. Forward-looking statements should not be read as a guarantee of future performance or results and will not necessarily be accurate indications of the times at, or by, which such performance or results will be achieved. For a detailed discussion of risks, trends and uncertainties facing AMC, see the section entitled “Risk Factors” in the Company’s 2021 Form 10-K filed with the SEC, and the risks, trends and uncertainties identified in its other public filings. AMC does not intend, and undertakes no duty, to update any information contained herein to reflect future events or circumstances, except as required by applicable law.

Category: Company Release

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FieldhouseUSA Opens at Polaris Fashion Place® Bringing a Major Sports Entertainment Complex to Central Ohio

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FieldhouseUSA Opens at Polaris Fashion Place® Bringing a Major Sports Entertainment Complex to Central Ohio

Washington Prime Group Inc. (NYSE: WPG) today announced that FieldhouseUSA recently opened its state-of-the-art 90,000 SF complex at Polaris Fashion Place®. A community based, multi-purpose indoor facility that offers a variety of sporting activities, and skill levels, where everyone has a place to play. FieldhouseUSA provides an experience of a lifetime for all who enter.

FieldhouseUSA Columbus features:

  • Year-round play in team sports such as basketball and volleyball;

  • Eight hardwood volleyball courts, which can be converted to five basketball courts, powered by Mintonette Sports and offering year-round leagues, training programs, camps and more;

  • Year-round cheer and tumble programs;

  • Airhouse Adventure Park featuring trampolines, dodgeball, active play, and climbing elements;

  • Youth programs, all-sports camps, and lock-ins;

  • Program and conference space;

  • Birthday parties and corporate events;

  • Wrap around spectator bar seating with electrical outlets throughout;

  • Spacious parking, and

  • Easy access to shopping, dining, and entertainment at Polaris Fashion Place.

Lou Conforti, CEO and Director of Washington Prime Group stated: “As you all know, I tend to become really excited when a new tenant partner becomes part of the Washington Prime Group family. Just imagine my ecstatic exuberance when a world class athletic venue focusing upon team-oriented sporting events and tournaments (and a whole lot more) catering to all ages opens for business within one of our assets.”

“Furthermore, and at the risk of needing a cold shower to reduce my escalating body temperature, what if I were to tell you this location is estimated to attract ~1.5M guests (not a typo) per annum,” Conforti added. “I am truly thrilled to welcome FieldhouseUSA to Columbus and it’s not only because they provide a differentiated and dynamic complement which is symbiotic to Polaris Fashion Place’s existing tenancy. They also have a senior management team which is comprised of consummate professionals and who, by the way, are some of the finest folks I’ve ever met.”

FieldhouseUSA Columbus hosts a wide range of events and tournaments, which cater to the select, club and recreational teams across the U.S. These tournament series generate sales tax dollars annually and will have a major economic impact for Columbus and surrounding areas. FieldhouseUSA Columbus looks to average over 1.5M visitors annually and is geared for both recreational and competitive athletes. FieldhouseUSA Columbus is expected to draw a significant increase in annual visitors, benefitting existing tenants and generating strong future leasing demand for both retail and mixed uses at Polaris Fashion Place.

“We are pleased to bring this incredible opportunity to both Polaris Fashion Place, as well as the neighboring communities. Residents will enjoy an exceptional multi-purpose indoor sports adventure EXPERIENCE and all of the amenities and privileges of a state-of the-art facility,” comments Gary L. Oliver, a Principal and CEO of FieldhouseUSA. “We want to thank our partner Washington Prime Group once again and those involved in bringing this facility to life and on behalf of my partners, Terry Casey, John Vines and Adam Bishop we look forward to serving the Columbus community for many years to come.”

Oliver added, “We are extremely pleased to add Mintonette Sports to our team as a permanent partner inside the Columbus Fieldhouse facility as they bring an instant following in the Columbus market with a 24-year track record in youth sports.” Along with other FieldhouseUSA partners Mintonette Sports will host a variety of events throughout the year, including tournaments, leagues, training programs, camps, practices and other hard-court programs.

FieldhouseUSA will also provide other amenities inside the Polaris location including a cheer and tumble program, a child development training center focused on mental, physical & character development for ages walking through 18 years old as well as the Airhouse Adventure Park featuring more than 30,000 SF of trampolines, Xtreme Dodgeball, Battle Beam, Log Roll, Bouldering Wall, Racing Zipline, Valo Jump, Basketball, Aero Strike, Wipeout, Ninja Course, Soft Play, and numerous Climbing Elements. In the continued need to address the COVID-19 pandemic, Airhouse Adventure Park will have a delayed opening and is expected to welcome guests in the summer of 2021.

Todd Christian, Director of Operations of Airhouse commented: “Airhouse Adventure Park is wAIR your next great adventure begins. I am excited to engage this great community of Columbus, Ohio and its surrounding cities in a fun, safe and sanitized adventure park. We look forward to bringing your friends and family together to celebrate birthdays or other fun occasions with us in one of our party rooms. I am eager to get involved with the local schools and communities, to bring them into our adventure park for some of our fun and friendly activities such as our Ropes Course, Ninja Course and my favorite, Xtreme Dodgeball. I am confident that our beautiful Columbus location will provide more than just an indoor adventure park for everyone to enjoy year-round, but also great memories to share for years to come. I see a great future for Airhouse Adventure Park as we aim to build more locations, bring employment to more cities around the U.S., and strengthen our communities one location at a time.”

Polaris Fashion Place and FieldhouseUSA remain focused on providing a safe and enjoyable experience for everyone. FieldhouseUSA will operate in accordance with CDC guidelines and federal, state and local regulations, recommendations and mandates regarding the COVID-19 pandemic. FieldhouseUSA’s rigorous disinfectant and cleaning practices will continue many times per day, including periodically disinfecting areas most susceptible to the spread of germs.

The addition of FieldhouseUSA demonstrates Washington Prime Group’s commitment to the community while illustrating its mandate to diversify tenancy and further solidify the lifestyle center as dominant hybrid town centers offering a dynamic mix of retail, dining, entertainment, sports and wellness options. Investments and improvements made at Polaris Fashion Place provide numerous benefits to the Columbus, Ohio area.

About FieldhouseUSA

FieldhouseUSA has developed and currently operates three facilities, with two more currently under construction. FieldhouseUSA is a multi-purpose indoor facility that offers a variety of sporting activities, and skill levels, where everyone has a place to play while creating an amazing EXPERIENCE for ALL that enter the FieldhouseUSA doors! Learn more at https://fieldhouseusa.com/.

About Washington Prime Group

Washington Prime Group Inc. is a retail REIT and a recognized leader in the ownership, management, acquisition and development of retail properties. The Company combines a national real estate portfolio with its expertise across the entire shopping center sector to increase cash flow through rigorous management of assets and provide new opportunities to retailers looking for growth throughout the U.S. Washington Prime Group® and Polaris Fashion Place® are registered trademarks of the Company. Learn more at www.washingtonprime.com.

Forward-Looking Statements

This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 which represent the current expectations and beliefs of management of Washington Prime Group Inc. (“WPG”) concerning the proposed transactions, the anticipated consequences and benefits of the transactions and the targeted close date for the transactions, and other future events and their potential effects on WPG, including, but not limited to, statements relating to anticipated financial and operating results, the Company’s plans, objectives, expectations and intentions, cost savings and other statements, including words such as “anticipate,” “believe,” “confident,” “plan,” “estimate,” “expect,” “intend,” “will,” “should,” “may,” and other similar expressions. Such statements are based upon the current beliefs and expectations of WPG’s management, and involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of WPG to be materially different from future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include, without limitation; the Company has determined that there is substantial doubt about its ability to continue as a going concern; there is no assurance that the Company will be able to reach an agreement in principle regarding a restructuring, comply with the terms of any such agreement or successfully complete a restructuring contemplated thereby, creating substantial doubt about WPG’s ability to continue as a going concern; the Company may seek the protection of a bankruptcy court, which would subject it to the risks and uncertainties associated with bankruptcy and may harm the Company’s business and place its equity holders at significant risk of losing all of their investment in the Company; the Company’s limited liquidity could materially and adversely affect its business operations; changes in asset quality and credit risk; ability to sustain revenue and earnings growth; changes in political, economic or market conditions generally and the real estate and capital markets specifically; the impact of increased competition; the availability of capital and financing; tenant or joint venture partner(s) bankruptcies; the failure to increase store occupancy and same-store operating income; risks associated with the acquisition, disposition, (re)development, expansion, leasing and management of properties; changes in market rental rates; trends in the retail industry; relationships with anchor tenants; risks relating to joint venture properties; costs of common area maintenance; competitive market forces; the level and volatility of interest rates; the rate of revenue increases as compared to expense increases; the financial stability of tenants within the retail industry; the restrictions in current financing arrangements or the failure to comply with such arrangements; the liquidity of real estate investments; the impact of changes to tax legislation and WPG’s tax positions; losses associated with closures, failures and stoppages associated with the spread and proliferation of the coronavirus (COVID-19) pandemic; to qualify as a real estate investment trust; the failure to refinance debt at favorable terms and conditions; loss of key personnel; material changes in the dividend rates on securities or the ability to pay dividends on common shares or other securities; possible restrictions on the ability to operate or dispose of any partially-owned properties; the failure to achieve earnings/funds from operations targets or estimates; the failure to achieve projected returns or yields on (re)development and investment properties (including joint ventures); expected gains on debt extinguishment; changes in generally accepted accounting principles or interpretations thereof; terrorist activities and international hostilities; the unfavorable resolution of legal or regulatory proceedings; the impact of future acquisitions and divestitures; assets that may be subject to impairment charges; significant costs related to environmental issues; changes in LIBOR reporting practices or the method in which LIBOR is determined; and other risks and uncertainties, including those detailed from time to time in WPG’s statements and periodic reports filed with the Securities and Exchange Commission, including those described under “Risk Factors”. The forward-looking statements in this communication are qualified by these risk factors. Each statement speaks only as of the date of this press release and WPG undertakes no obligation to update or revise any forward-looking statements to reflect new information, subsequent events or circumstances. Actual results may differ materially from current projections, expectations, and plans, if any. Investors, potential investors and others should give careful consideration to these risks and uncertainties.

View source version on businesswire.com: https://www.businesswire.com/news/home/20210603005119/en/

Contacts

Investors: Investor.Relations@washingtonprime.com
Media: Media.Relations@washingtonprime.com

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SeaWorld Entertainment announces key new CEO and CFO appointments

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SeaWorld Entertainment announces key new CEO and CFO appointments
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On May 6, 2021, SeaWorld Entertainment announced the appointment of Marc Swanson as Chief Executive Officer (“CEO”) and Elizabeth Castro Gulacsy as Chief Financial Officer (“CFO”) and Treasurer. Swanson was named CEO following his 20-year tenure with the company and after previously serving as Interim CEO. Gulacsy was named CFO and Treasurer after working with the company for eight years. In addition to this previous assignment, Gulacsy will also draw on the experience she built in her term as interim CFO and Treasurer.

SeaWorld Entertainment is a leading theme park and entertainment company focused on “providing experiences that matter” and inspiring “guests to protect animals and the wild wonders of the world.” The company is one of the world’s foremost zoological organizations and a global leader in animal welfare, training, husbandry, and veterinary care. SeaWorld rescues and rehabilitates marine and terrestrial animals that are ill, injured, orphaned, or abandoned, with the goal of returning them to the wild. In collaboration with Busch Gardens, SeaWorld has cared for more than 38,000 animals in need over the last 50 years.

Today, SeaWorld owns 12 destination and regional theme parks, which are grouped in key markets across the United States. Additionally, the company owns or licenses a portfolio of iconic brands, including SeaWorld, Busch Gardens, Aquatica, Sesame Place, and Sea Rescue.

The company’s ongoing dedication to its mission, and its implementation of an effective Executive team that collaborates with their Board, has provided a platform for SeaWorld Entertainment to thrive, even through periods of economic uncertainty.

The company recently released its Q1 2021 report, and then-Interim CEO Marc Swanson and Hill Path Capital Founder and Managing Partner and SeaWorld Entertainment, Inc.’s Chairman of the Board of Directors, Scott Ross, disclosed their perspective on what this report, as well as what the promotion of Swanson and Gulacsy, indicates for the future of the company.

Elizabeth Castro Gulacsy Promoted to CFO and Treasurer of SeaWorld Entertainment

Gulacsy recently accepted the title of CFO and Treasurer, which will follow her successful eight years serving the company in numerous leadership positions. She joined the SeaWorld Entertainment team in 2013, initially as Director of Financial Reporting, and was later promoted to Corporate Vice President of Financial Reporting in 2016. Since August 2017, Gulacsy had served as Chief Accounting Officer, except for a period between September 2019 and November 2019, during which, she also served as the Interim Chief Financial Officer and Treasurer in addition to her role as Chief Accounting Officer.

Before joining the company, Gulacsy worked with Cross Country Healthcare Inc., a leader in providing total talent management, including strategic workforce solutions, contingent staffing, permanent placement, and other consultative services for healthcare clients. She served as the company’s Accounting Officer and Corporate Controller from 2011 to 2013, Director of Corporate Accounting from 2006 to 2011, and Assistant Controller from 2002 to 2006. Prior to that time, Gulacsy was an Audit Manager for Ernst & Young LLP.  She holds both a Bachelor’s degree and a Master’s degree in Accounting from the University of Florida and is a Certified Public Accountant.

Today, Gulacsy serves as a Board member and Treasurer for the SeaWorld and Busch Gardens Conservation Fund and is a member of the Audit Committee for the International Association of Amusement Parks and Attractions (IAAPA), the global professional association for the theme park industry.

Upon accepting her most recent position, Gulacsy discussed the recent efforts the company has made to improve profitability and what she hopes for the future: “We have worked hard over the last few years, including prior to and during the pandemic, to position this company for a significant improvement in profitability.  Our financial position is strong, our strategies are working, our execution is improving, and I look forward to continuing working with our management team and board to fully capitalize on the significant opportunities ahead.”

Marc Swanson Promoted to CEO of SeaWorld Entertainment

Marc Swanson has worked with SeaWorld Entertainment for over twenty years. He joined the team in 2004 as Vice President of Sesame Place. Swanson served as Corporate Controller of Busch Entertainment Corporation from 2008 to 2011 and Performance Management and Corporate Controller of SeaWorld Parks & Entertainment from 2011 to 2012. Swanson served as Chief Accounting Officer since 2012, as interim Chief Financial Officer from June 2015 until September 2015, and as interim Chief Executive Officer from August 1, 2017, until his recent permanent appointment. He holds a Bachelor’s degree in Accounting from Purdue University and a Master’s degree in Business Administration from DePaul University. He is also a Certified Public Accountant.

Today, Marc Swanson is a member of the Board of Trustees of the Orlando Science Center.

He shared his enthusiasm regarding his new position, stating: “The past year has been a unique and extraordinary period for our company, our industry, and the world. The capabilities of our Management Team combined with the complementary expertise of our Board allowed us to make the innovative and necessary decisions to address an unthinkable and unprecedented reality. Today, we have even more confidence in our long-term strategy, and I look forward to continuing to work with our dedicated team and board to drive long-term value for all stakeholders.”

Marc Swanson Speaks at 2021 IAAPA Virtual Conference

Prior to accepting his permanent appointment as CEO, Swanson was a featured keynote speaker at the IAAPA 2021 Virtual Conference on April 7-8. The event focused on the recovery and resilience of the attractions industry in a post-COVID environment, and Swanson spoke directly on how SeaWorld Entertainment has navigated through the challenges of 2020 and 2021. In his 30-minute speech, “Navigating the Covid-19 Crisis,” he highlighted how the company’s success is attributed to the collaborative efforts of the Management Team and Board members, including Hill Path Capital Founder and Managing Partner and SeaWorld Entertainment, Inc. Chairman of the Board of Directors, Scott Ross.

Swanson recounted, “Our partnership with our Chairman and our other Board members allowed our company to adjust and move forward with more creativity and nimbleness than we had before.” He continued, “Having a large investor on the board allows us to align our goals and move even more confidently and decisively. We were all in this together, and having our leadership team and board in constant communication certainly allowed us to address this crisis head-on.” He added, “That collaboration allowed us to address our operational costs and maximize our financial flexibility, giving us some breathing room to make the difficult decisions with some degree of confidence.”

SeaWorld Entertainment Excited About Recent 2021 Q1 Earning Report

On May 6, 2021, SeaWorld Entertainment released its first-quarter 2021 results.

New CEO Marc Swanson discussed the high points: “Our first quarter events including new or expanded event days at some of our parks as well as several new or reimagined venues which we launched during the quarter and which helped contribute to the increased guest spending,” Swanson said. “We are excited to have experienced a robust Spring Break season across our parks, including several days where our parks reached capacity limitations for the current operating environment. To be clear, we believe our attendance would have been notably higher, were it not for capacity limitations and closed parks.”

The company report included the following key takeaways:

  • First-quarter 2021 peak attendance was 2.2 million guests, a decline of 0.1 million guests, or 4.5%, from the first quarter of 2020. Compared to the first quarter of 2019, attendance declined by 1.1 million guests or 33.7%.
  • Total revenue was $171.9 million, an increase of $18.4 million, or 12.0% from the first quarter of 2020. Compared to the first quarter of 2019, total revenue declined by $48.7 million or 22.1%.
  • Net loss was $44.9 million, an improvement of $11.6 million or 20.6% from the first quarter of 2020. Compared to the first quarter of 2019, net loss increased by $7.9 million or 21.2%.
  • Adjusted EBITDA was $25.2 million, an increase of $56.0 million from the first quarter of 2020. Compared to the first quarter of 2019, adjusted EBITDA increased by $8.8 million or 53.4%.
  • Total revenue per capita increased 17.2% to $77.63 from the first quarter of 2020. Admission per capita increased 10.8% to $43.25 while in-park per capita spending increased 26.4% to $34.38 from the first quarter of 2020. Compared to the first quarter of 2019, total revenue per capita increased 17.6%, admission per capita increased 12.0%, while in-park per capita spending increased 25.3%.
  • As of March 31, 2021, the company had approximately $431 million of cash and cash equivalents on its balance sheet and approximately $312 million available on its revolving credit facility resulting in total liquidity of approximately $743 million.
  • The company estimates that its average monthly adjusted net cash flow during the quarter was approximately $5.1 million of net positive cash flows, which excludes certain payments to vendors due in and deferred from previous quarters.
  • The company estimates that the average monthly net cash burn during the quarter was approximately $1.1 million when including these deferred payments.
  • As of March 31, 2021, 10 of the Company’s 12 parks were open (which is consistent with the same period in 2019).  Parks continue to operate with capacity limitations and modified/limited operations due to the COVID19 pandemic.
  • In the first quarter of 2021, the company helped rescue over 530 animals, bringing total rescues over its history to more than 38,600.

CEO Marc Swanson shared insight into the recent findings: “Our first quarter financial results continue to demonstrate our ability to strategically operate in the current environment.”

He continued, “I am extremely proud that we not only generated positive adjusted net cash flow during the quarter, but that we also achieved higher adjusted EBITDA in the first quarter compared to the first quarter of 2019. The success of the strategic pricing, marketing, cost, and capital investment initiatives that we developed and had been refining prior to the onset of the COVID-19 pandemic combined with the strategies we developed and actions we have taken during the COVID-19 pandemic period helped us deliver meaningfully positive first quarter adjusted EBITDA when compared to the first quarters of both 2020 and 2019. Our pricing and product strategies are clearly working, and our guests are spending more when they visit our parks.”

Moving further into 2021, the SeaWorld Executive team and Board of Directors, including Marc Swanson, Elizabeth Castro Gulacsy, and Scott Ross, are looking forward to a year of progress.

Regarding growth and earnings, CEO Swanson said, “We are encouraged by our guests’ desire to visit and spend at our parks and believe this is a good indicator for expected demand during our peak summer season.” He looked forward to the coming season: “We expect that our parks will return to a more normalized operating environment as the year progresses. Despite the progress we have made, we continue to believe there are significant additional opportunities to improve our execution and drive meaningful growth in revenue and adjusted EBITDA when our parks are no longer restricted by capacity limitations and limitations on events.  We are successfully navigating through this extraordinary environment, and we are confident we are emerging an even stronger and more profitable enterprise.”

Scott Ross wrapped up, attributing the company’s success and future prospective growth to the newest members of the SeaWorld Entertainment Executive team: “Over the past year, Marc and Elizabeth, alongside the board, have continued to execute the strategic initiatives we have been working on over the past several years and have taken the necessary decisive actions to position the company for long-term success. We look forward to their continued leadership as we work together to emerge a stronger and more efficient company and realize the full, long term potential of this great company and its irreplaceable assets and brands.”

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