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American Apparel has a toll-free reorganization hotline, accessible to U.S. callers at: +1 (877) 940-7795 and international callers at +1 (614) 779-0360.
Customers, employees, or other interested parties who may have questions related to the reorganization may call this hotline for more information. In addition, court filings and other documents related to the restructuring are available on a separate website administered by the Company's claims agent, Garden City Group, at www.gardencitygroup.com/cases/AAI.
$APP Stock Board Moderator
#AmericanApparel
#Lost_Angeles
#Investor_Gadget
\\CDP \"Tha IBM N3tw0rk G0d"
Not really any 'new news' to report on...so I'll just link to the latest "industry gossip".
But, considering they seemed to have already 'peaked' (fashion-wise) years ago...it not looking so "bueno" for AA. ESPECIALLY post-BK. Changing their 'image'? Long overdue.
Worst-for-the-wear (pun intended) is the fact that their SVP of Marketing doesn't seem to have a clue - but refers to the fact that all the 'same issues' are still present! She 1) infers that Dov isn't a large factor in the company (neither past, nor present); but then, 2) goes on to state that the folks that "built the brand" are still there! The "creatives". Well...if Dov wasn't much of a factor - and all the others are still there...then...simple math says that 3) THE PROBLEM HAS YET TO BE RESOLVED. And 4) more funding won't help that. (Get a grip!)
By the way: "Financial funding"??? Isn't that a redundant statement, Cynthia Erland? Funding (in and of itself) IS "financial", lady!
...I think you mean to say "Financing", maybe? [Sigh...]
#Cynthia_Erland
#American_Apparel
http://www.adweek.com/news/advertising-branding/how-american-apparel-rebuilding-its-brand-more-sizes-new-styles-and-fresh-marketing-170082
Usually reference to other tickers is 'off limits'...but I'll let the ref. slide (as I aptly agree with your illustration).
Watched $APP over many miles now; made my 'name' over @ VFC - so I know what's up...been 'close to the industry' 4 years!
...it's not over...
Your lucky not getting the bid filled
The order to terminate looks like it was put in after that market closed on Friday, so the shares will not open on Monday and are dead.
Louis J. Desy Jr.
lolll i had a bid in but no fill *shew*
Bankruptcy Plan Effective/Shares Cancelled
http://otce.finra.org/DailyList
Hope no one caught in that...
.0000000001
Go ahead, load up!
Well, you just load up and we will talk next week. Make sure you come back here next Friday, on Friday, Feb 5, 2016; after the court order announcing the effective date and the delisting notice from NASDAQ is posted, and then you will see how much the shares are worth.
Louis J. Desy Jr.
Nah mannnn that's just double talk to keep us from getting RICHIEFIED.
Buying? The plan was confirmed
http://www.ibtimes.com.au/american-apparels-bankruptcy-plan-confirmed-former-ceos-takeover-plan-rejected-1502228
The plan was confirmed on Monday. After the 8 or 10 day appeal deadline runs, the court will enter an order for the 'effective date'. The instant that happens, the shares will stop trading, be delisted and are dead.
Louis J. Desy Jr.
I will be buying all the way to RICH-TOWN!!!
I posted too quickly. Lol. It's already been answered. Yeah, I don't get it.
You would be amazed, the muppets pile in
You would not believe, no matter how much you try to explain the process to some people; how they can't or won't understand what is going on and what is going to happen. Some even buy more shares!
Over at Allied Nevada Gold (ANVGQ) there were people buying right up until the effective date was entered and the shares converted in almost worthless warrants that do not trade on any public market, and may never trade again, that were buying.
Over at Radio Shack (RSHCQ), there was one 'investor' that held onto the shares right up to the cancellation, I think they even added to the position, and even now still has some hope that the company is going to make a comeback and is 'holding' onto the shares!
Louis J. Desy Jr.
Who would be buyingbthe common stock here, if shares are being cancelled? If short, there is no reason to cover. You let it go to zero.
When shares will be canceled? Within 10 days
The shares do not get canceled yet. There is still an 8 or 10 day appeal time that has to pass by. Once that passes, the court will enter an order for the 'effective date' of the plan. When that happens, then the shares will be canceled.
That usually happens before or after trading for the day, but sometimes the court will enter the order in the middle of the trading day and the shares stop trading at once.
Louis J. Desy Jr.
The fat lady has sung.
Shares will be cancelled at the bell?
American Apparel defeats founder in bankruptcy plan fight
http://mobile.reuters.com/article/idUSKCN0V3232
are you in the courtroom now?
Bankruptcy Judge apparently a loser as well
He approved the bankruptcy plan set forth by the loser Paula Schneider and rejected Dov Charney and his takeover bid
Hopefully the east coast winter storm is on Dov favor!!!!
I wish you all the best of luck.
Common shareholders are going to get screwed. Look at their financials.
The only way this deal goes through is to erase the common shareholders.
When it comes down to the company either going bankrupt or getting a deal the common shareholders are in the way of the company surviving.
Take whatever I have to say with a grain of salt please.
We all want a happy ending :)
Dov is all about happy endings... According to the new Managment..
~I think he gets it back, let's see a Happy Ending!
I won't buy until I see that news hit.
Rather make a smaller profit, than lose it Alllll
; )~
This is a crap shoot play high risk high reward.....
We'll have no real choice
looks like charney needs to come up with a better bid else bankruptcy is on the cards. i have v tiny position, if no new offer by monday morning i will sell. good luck!
Judge to rule Monday on American Apparel bankruptcy exit plan
WILMINGTON, Del. (Reuters) - A U.S. judge will rule on Monday on a plan to bring teen retailer American Apparel out of bankruptcy under the control of hedge funds or give former chief executive Dov Charney a chance to finance a competing plan.
American Apparel Inc filed for bankruptcy in October and last month Charney and two investment funds presented a competing takeover plan that was rejected by the company's board.
U.S. Bankruptcy Judge Brendan Shannon in Wilmington, Delaware said at the end of two days of testimony he would rule Monday at 11 a.m.
http://reut.rs/1lAmPsH
The plans, secured plan vs former CEO
I think the problem is that the CEO plan to take over the company, gives the debt holders less than if the debt holders took over the company.
I also seem to remember that part of the plan was to issue new debt. A big negative against the plan is that, I am sure, the secured and unsecured do not want one of the people, the former CEO, who captained the company into disaster, to be back in charge again.
If the former CEO wants to really take over the company again, the only thing he has to do is buy out the secured debt at 100% cash, and then he could do whatever he wants. The fact that the secured are objecting tells me that while the CEO's plan is 'valued' at $300 million, is it not really worth that much, otherwise the secured debt would gladly take the cash and get out of this mess.
Louis J. Desy Jr.
FYI.. You can view all documents from BK proceeding here.. As they come in
http://cases.gcginc.com/aai/maincase.php
But the bankruptcy plan doesn't make the debt holders whole. They only get a portion of the debt. I think Charneys plan is equivalent to the bankruptcy plan but keeps the company in tact and holds some of the debt for repayment. Really EOD it is who gets to keep control or who gets control.. Investors or debt holders.
I'll have to go back and look for the estimated BK numbers but if you have them post them
Where did you see this? Do you have a link please?
Thanks for your insight and informative post.
While dov's return is a very long shot stranger things have happened.
What a wild story it will be if dov is able to wrangle the company back.
Breach of fiduciary duty
The problem is that the company is not really under the control of the board anymore. The board are more like managers for the bankruptcy estate that the company is in, and have to follow bankruptcy law and rules.
When a bankruptcy is filed, it creates a bankruptcy estate where everything up to the instant of the filing, is put into the estate. While the managers and board are usually still in place, they are running the company on behalf of the estate. There is a trustee that oversees the estate and the court to make sure the rules and laws for bankruptcy are followed.
Form 8K for operating report for period ending Nov 30, 2015:
http://ih.advfn.com/p.php?pid=nmona&article=70022807
In the situation here, there are two problem to saving the current common shares.
1: As of November 30, 2015; total liabilities are $470 million. In order to 'save' or preserve the existing common shares, a deal would have to be made that would make whole those secured and unsecured liabilities, which are higher in priority than the existing common shares. The deal was quoted as being worth $300 million, so while the secured liabilities might have been made whole, the unsecured would still have losses and have a right under the bankruptcy order of priority of the classes, to take all of the equity in the reformed company. In any case, $300 million does not make the holders of the liabilities whole and won't work or help the existing common shares.
2: There is a problem as to what the reformed company is worth. Even in November 2015 the company was still losing over $10 million per month. While that is not the holiday season, the company should be at least breaking even if it is going to become profitable, instead it is still losing money.
I expect that the secured debt holders are going to take over the company completely, and the unsecured liabilities and existing common shares will not have any recovery in the Chap 11 plan. I do not expect the former CEO will be able to raise enough money to buy out the company. Who would want to invest three or four hundred million in a company that is still losing money? My answer is that no one would do this.
Louis J. Desy Jr.
Certainly a breach of fiduciary duty would occur if the current board decides against making a decision that would prove much more valuable to shareholders. I would call it a usurping of power.
I'm not for charney or against. I'm for commons and any steps taken to protect common shareholders is the right one in my opinion.
Great development....judge is reviewing the 'superior offer'
American Apparel faces tussle for control at bankruptcy hearing
By Tracy Rucinski
CHICAGO, Jan 20 (Reuters) - American Apparel's former chief executive officer Dov Charney will take the stand in Bankruptcy Court on Wednesday in a last-ditch effort to wrest control of the ailing teen retailer from a group of hedge funds.
Los Angeles-based American Apparel Inc, known for its "Made in the U.S.A" fashion, filed for bankruptcy in October, saddled by debt, excess inventory and millions of dollars in legal claims tied to Charney.
American Apparel wants approval for a plan that will bring the company out of bankruptcy under the control of hedge fund investors, including Standard General and Monarch Alternative Capital.
Last week the company's board rejected a $300 million takeover bid involving Charney.
U.S. Bankruptcy Judge Brendan Shannon in Wilmington, Delaware must decide if the hedge fund-backed plan, which has the backing of a committee of the company's creditors, is fair and feasible.
Charney has filed the main objection, and the company's controversial founder plans to call himself as a witness, according to court documents.
As Wednesday's hearing approached, both sides continued to jostle through court filings to strengthen their position.
Lawyers for American Apparel said in a letter to the court the proposed takeover bid involving Charney and investors Hagan Capital Group and Silver Creek Capital Partners was now "dead" based on a deposition by lead investor Chad Hagan.
Hagan told Reuters on Tuesday the bid, which contemplates re-installing Charney as chief executive, is still alive, even though American Apparel failed to provide his group with important documents such as its quarterly accounts.
In the midst of the tussle, retail analyst Burt Flickinger said the best option for American Apparel, whose stock is trading at 3 cents, was quick court approval of the current bankruptcy plan given the deteriorating retail environment.
"Every day and week of delay adds viability risk to the plan," said Flickinger, who is managing director of retail consultancy Strategic Resource Group.
American Apparel, which has not been profitable since 2009, joins other teen-focused retailers including Wet Seal and Body Central Corp that have struggled with changing tastes.
Charney founded American Apparel in 1989, but was fired in December for allegedly misusing company funds and failing to stop a subordinate from defaming former employees. He has denied the allegations.
(Reporting by Tracy Rucinski; Editing by Andrew Hay)
http://finance.yahoo.com/news/american-apparel-faces-tussle-control-120001063.html
American Apparel Founder Charney in Court to Reclaim Company
American Apparel Inc.’s fired Chief Executive Officer Dov Charney spent Wednesday morning listening to his replacement describe the mess she said she found after taking the reins at the struggling clothing retailer.
Charney is in Delaware bankruptcy court this week seeking to persuade a judge to throw out American Apparel’s proposed reorganization plan in favor of one that lets him return to the company he created.
Current CEO Paula Schneider got the first word in Wilmington, testifying about the financial and organizational disarray she said she encountered last year when she was hired after the board ousted Charney. While her predecessor was in charge, too many managers needed his approval to do anything, she said.
“More than 70 people told me they reported to Dov,” Schneider told U.S. Bankruptcy Judge Brendan Shannon. To fix that, she had to “get people to get into their own lanes that we had to develop,” she said.
Charney, who declined to comment on Schneider’s testimony, is expected to return to court Thursday to press his claim that the board is sabotaging his effort to bring in buyers willing to improve on the Los Angeles-based company’s current reorganization plan. Under that proposal, senior lenders will trade their debt for control of the company, reducing its liabilities by about $200 million.
Hagan Capital Group and Silver Creek Capital Partners have offered to buy American Apparel and bring back Charney. Their offer, valued at about $320 million, was rejected by the board because it would add too much debt and because the retailer’s lenders opposed the offer, Schneider testified.
Schneider said she also had to change the sexually provocative advertising the company was known for under Charney. Billboards often featured young, scantily clad women. In Europe, the company faced lawsuits over its ads and Facebook wouldn’t allow them, cutting into Internet sales, Schneider said.
‘Tone It Down’
Schneider said she decided to “tone it down a bit.”
Charney listened to the hearing from the front row of the courtroom, dressed in a gray sport coat and tie, dark dress pants and white running shoes. During testimony, he handed several notes to his attorneys as they waited to cross-examine witnesses.
He was fired in 2014 when American Apparel’s board accused him of misusing corporate funds and violating the company’s sexual-harassment policy. He has challenged the allegations and fought his firing.
Under American Apparel’s reorganization plan, senior lenders including Monarch Alternative Capital LP, would take control of the retailer. To win the judge’s approval, the company must show the proposal is feasible, in the best interest of creditors and put together in good faith.
For Charney to win, he must first get Shannon to reject the proposal. American Apparel would then need to try to force Hagan’s offer on lenders and lower-ranking creditors.
That could take four months and require Charney and the funds backing him to pay off a $90 million loan that matures in February. They would also have to provide $40 million to $50 million more for the company to use while it pushes for approval of the new proposal, according to the court documents.
The case is In re American Apparel Inc., 15-bk-12055, U.S. Bankruptcy Court, District of Delaware (Wilmington).
SOURCE: http://www.bloomberg.com/news/articles/2016-01-20/american-apparel-opens-final-takeover-fight-with-founder-charney?cmpid=yhoo.headline
They didn't get it finalized. Charney taking stand tomorrow to
Plead his case
Reason the buyout offer will not work, not enough money.
The former CEO probably will not be able to raise enough money to do the buyout. The problem is that it does not make any sense for the debt holders to agree to anything else except full payment, which is not realistic since the company is losing money still.
Form 8K for operating report for period ending Nov 30, 2015:
http://ih.advfn.com/p.php?pid=nmona&article=70022807
Form 10q for period ending June 30, 2015:
http://ih.advfn.com/p.php?pid=nmona&article=68200048
From the 8K report, stockholders equity is negative $225 million.
From the 10Q report, here is the long term debt, in millions:
Senior Secured Notes due 2020 $210,564
Standard General Loan Agreement $9,095
Standard General Credit Agreement $15,000
Other $248
Total $234,907
The $210 in debt million is a secured debt. Unless someone is willing to pay them off in full, there is no reason for them to agree to anything else besides completely taking over the company.
Louis J. Desy Jr.
Here...for news commons will survive!!
Yea I don't understand the people thinking the BK plan is better. Debtors don't get all of their money and shareholders get wiped out. In the buyout shareholder stay, debt holders get almost all their money upfront and can still be paid and they end up with equity in the company.
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American Apparel, Inc. engages in the manufacture, distribution, and retail of fashion basic apparel for men, women, and children. It primarily offers t-shirts, denim, sweaters, jackets, and other casual wear. As of December 31, 2007, the company operated 182 retail stores in the United States, Canada, Mexico, the United Kingdom, France, Germany, Italy, the Netherlands, Sweden, Switzerland, Israel, Japan, and South Korea. American Apparel also owns a wholesale business that supplies t-shirts and other casual wear to distributors and screen printers. In addition, it has an online retail e-commerce Web site at store.americanapparel.net. The company was founded in 1998 and is headquartered in Los Angeles, California.
American Apparel was founded in 1989 by Canadian Dov Charney, who had a long history with T-shirts and a fascination with American culture. It was during Charney's freshman year at Tufts University that the company took on the name "American Apparel" and began to experiment with screenprinting, importation and other parts of the apparel business. In 1997 after a variety of iterations, including a period of manufacturing in South Carolina, the company moved to Los Angeles. Charney began to sub-contract sewing with Sam Lim who, at the time, had a shop with 50 workers under the Interstate 10 freeway in east LA. Months later the two became partners. In 2000 American Apparel moved into its current factory in downtown Los Angeles where it continued to grow primarily as a wholesale business, selling blank T-shirts to screenprinters, uniform companies and fashion brands. After its success as a wholesale brand, the company moved into the retail market. The company was ranked 308th in Inks.'s 2005 list of the 500 fastest growing companies in the United States, with a 440% three year growth and revenues in 2005 of over US$211 million.
In late 2006 American Apparel announced a reverse merger, in which Endeavor Acquisition Corp., a special-purpose acquisition company founded in July 2005, bought the company for $360 million. The merger closed in December 2007, at which point American Apparel became a publicly traded company. As a result, Charney became the President and Chief Executive Officer of the publicly traded company known as American Apparel, Inc. He remained the majority shareholder. It is also one of the few clothing companies exporting "Made in the USA" goods and in 2007 sold about 125 million dollars of domestically manufactured clothing outside of America. The company also promotes a number of progressive policies including immigrant rights and labor policies the company dubs "sweatshop free."
CEO DOV CHARNEY
Dov Charney (born January 31, 1969, Montreal, Canada) is the founder and CEO of American Apparel, a clothing manufacturer, wholesaler, and retailer. Charney is known for his success as an entrepreneur, passion for simple clothing, and love for Strictly Rhythm. His "contrarian" leadership style, which he feels promotes creativity, has drawn both extensive praise and criticism. Charney has earned recognition in the media for management decisions to pay a fair wage and refusing to outsource manufacturing. The Los Angeles Times named him as one of the Top 100 powerful people in Southern California and in 2009, he was nominated as a Time 100 finalist by Time magazine.
Charney's father, Morris Charney, is an architect, and his mother, Sylvia Safdie, an artist. Both his parents are of Jewish descent. Charney is a nephew of architect Moshe Safdie.[ He attended Choate Rosemary Hall, a private boarding school in Connecticut and St. George's School of Montreal. Charney grew up with, and was influenced heavily by, the culture of Montreal. He briefly attended Tufts University. As a teenager, he "fell in love" with the United States, and drew a sharp contrast between American and Canadian cultures. As a teenager, Charney was an admirer of American-made products. As a teen, he became disillusioned with Quebec nationalism which was widespread during the 1980s In interviews, he has stated that he considers himself to be a continuation of the trend of Canadian-Jewish entrepreneurs.
At an early age Charney showed signs of an entrepreneurial and independent spirit. According to the New York Times his first venture was selling rainwater he had collected in mayonnaise jars to his neighbors. In 1980, The Canadian Jewish News published a story on Charney with a headline that read "11-Year-Old Schoolboy Edits His Own Newspaper.". He sold these newspapers for 20 cents a copy near his school, only to be caught by a teacher and accused of panhandling and suspended from school. As a child he was featured in the documentary 20th-Century Chocolate Cake, in which he discussed the economics of a summer camp he attended. Charney's ventures were conceived in high school, when he began importing Hanes and Fruit of the Loom t-shirts across the border to Canadian friends. At Choate,he claims to have shipped as many as 10,000 shirts at a time, using a rented U-Haul truck to transport the goods. In 1987, he enrolled at Tufts University. While at Tufts, he continued to operate his business, but dropped out by 1990 to pursue the apparel business full time. He borrowed $10,000 from his father and moved to South Carolina to transition from importing T-shirts to manufacturing them. In 1996, Charney's company restructured when it was unable to cover its debt and filed for Chapter 11. On July 4, 1997, he went to Los Angeles. By 2003, Charney had opened his first retail store and employed over 1,300 people. In 2004, he was named Ernst & Young's Entrepreneur of the Year and Apparel Magazine's Man of the Year
In 1991, Charney began making basic T-shirts under the American Apparel brand. The initial T-shirts were made of simple 18-single jersey and were positioned to compete with the Hanes Beefy-T. The primary market objective was to sell garments to screen printers and wholesale clothiers in the United States and Canada. In 1997, as his design, the 'Classic Girl', built momentum, Charney transitioned manufacturing to Los Angeles. In 2000, American Apparel moved into its current 800,000 sq ft (74,000 m2) factory located in downtown Los Angeles. Charney is officially founder and CEO of American Apparel, but formerly went by the title of "Senior Partner." He infused his personal Progressive politics into the company brand paying factory workers between $13-$18 USD/hr, offering low-cost, full family healthcare for employees and taking a company position on immigration reform. Workers are also allowed free international phone calls durring work hours. He claims to do this not for moral reasons but because it is a better business strategy. He makes all product development and creative hiring decisions himself. Under Charney, American Apparel instituted "team manufacturing" which pools the strongest workers towards priority orders. After its implementation, garment production tripled and required a less then 20% staff increase. He formed the company as a domestic vertically-integrated manufacturer, making him the largest manufacturer still producing garments in America.
Initially American Apparel was a wholesale brand but in 2003 it expanded into the retail market. Its first stores were in Montreal, New York City and Los Angeles. By 2005, the company had over $200M in revenue. Retail operations have grown to include 260+ retail stores. In 2008, he was named Retailer of the Year at the Michael Awards, a fashion industry mainstay. The award's previously gone to Calvin Klein and Oscar de la Renta. In December 2006, Charney entered into an agreement to sell American Apparel for $360 million to the special purpose acquisition company (SPAC) Endeavor Acquisition as a way of taking the company public. As a result of the agreement, Charney was named President and Chief Executive Officer of the publicly traded company known as American Apparel, Inc. He remained the majority shareholder, and all full-time employees of American Apparel were given up to 500 shares of stock depending on length of employment.
Charney is known for his passion for clothing.] His fashion sense is geared towards "young metropolitan adults".] The 'fit' of a shirt is something he often stresses. He was named Man of the Year by both the Fashion Industry Guild and Apparel Magazine for his design work. In 2008, The Guardian named American Apparel "Label of the Year". Charney lives in the Garbutt House, historic mansion atop a hill in Silverlake designed by Frank Garbutt, an early movie pioneer and industrialist. The home is made entirely out of concrete due to Garbutt's deathly fear of fire. He is consumed with work, often sleeping in his office at the company's factory, leaving little separation between his personal and work life. The house often functions as a dormitory for out of town workers doing business at the headquarters. Charney is directly involved in his company's design, branding, and advertising. His print campaigns are award-winning and among the most followed in the garment industry. Charney has promoted a branding strategy that spotlighted his treatment of workers as a selling point for the company's merchandise, promoting American Apparel's goods as "sweatshop free." A banner on top of the downtown factory states "American Apparel is an Industrial Revolution." The company is also known for its simple and provocative ads featuring girls and employees. The subjects are often not but sometimes professional models, and often chosen personally by Charney from local hangouts and stores. He shoots many of the advertisements himself. His advertising has been criticized for featuring young, even teenage, models in sexually provocative poses. However, it has also been lauded for honesty and lack of airbrushing. In 2005, Charney won the "Marketing Excellence Award" in the LA Fashion Awards.
CNBC INTERVIEW WITH Founder & CEO DOV CHARNEY
http://video.cnbc.com/gallery/?video=3000083430&play=1
SHARE STRUCTURE (A/O 08/01/2013)
http://www.otcmarkets.com/stock/APP/company-info
COMMON STOCK
MARKET VALUE- (Multiply price x OS Shares)
OUTSTANDING SHARES- 110,345,517 (a/o 08/01/2013)
(Available for the Public) FLOAT- 37,270,000 (a/o 08/01/2013)
AUTHORIZED SHARES- 230,000,000 (a/o 08/01/2013)
PAR VALUE- .0001
SHAREHOLDERS OF RECORD- 1,267 (a/o 02/28/2013)
LATEST SHAREHOLDERS MEETING- 6/25/2013 http://www.sec.gov/Archives/edgar/data/1336545/000134100413000695/form8-k.htm
BENEFICIAL OWNERSHIP OF SHARES- 9,000 (A/O 02/28/2013)
Restricted, Insider information found on page 55 of Proxy Statement filed on 03/26/2013
http://investors.americanapparel.net/secfiling.cfm?filingID=1047469-13-3377&CIK=1336545
Restricted, insider and Institutional Shares- 71,383,339 66% (a/o 03/25/2013)
TRANSFER AGENT
Continental Stock Transfer & Trust Company
http://continentalstock.com/
17 Battery Place
New York, NY 10004
(212) 509-4000, extension 206
cstmail@continentalstock.com
Marline Cunningham
1(212) 845-3206
mcunningham@continentalstock.com
NEWS RELEASE's- http://investors.americanapparel.net/releases.cfm
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