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Bankrupt Omnicity acquired for $876,000 by four investors

J.K. Wall
December 5, 2012
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A group of four investors has acquired Omnicity Inc., a bankrupt provider of rural broadband services, by agreeing to pay off an estimated $876,000 in company  bills.

The deal, approved last month by the U.S. Bankruptcy Court in Indianapolis, gives the investors, whose company is called Broadband Networks Inc., Omnicity’s 38-person operation, based in Rushville, as well as its 270 Internet towers around Indiana and Ohio.

Broadband’s bid, put forth in the spring, was the only one for Omnicity until early November, when a group of nine competing broadband companies offered $1.6 million for Omnicity.

But U.S. Bankruptcy Judge James Coachys rejected that bid as too late, allowing Broadband’s bid to go forward.

Dr. David Bash, one of the four new owners of Omnicity, said they do not plan to continue Omnicity’s rapid acquisitions of other companies, but instead hope to improve the quality and reliability of the company’s service.

“We hope to have a better management of capital, and hopefully plow it back into the business,” Bash said during a conference call with reporters on Wednesday morning. “Strategically, we’d be more interested in just growing our [existing] business as opposed to acquiring other providers.”

Omnicity, founded in Indianapolis in 2003, grew rapidly via acquisition, and built up as many as 12,000 subscribers in Indiana and Ohio. But the company’s financial troubles and bankruptcy have led to its subscriber total dwindling to just 5,000.

Broadband will keep Omnicity executives Jeff Garman and David Bradford on board, but in new roles, Bash said.

“They’re not necessarily the reason for the bankruptcy,” Bash said. “We think this is a talented crew.”

The new CEO of Omnicity is Jeff King, a former executive vice president for Time Warner Cable and former president of Road Runner High Speed On-Line.

King and Bash joined with two other cable industry veterans—Buz Nesbit and Mike Sellers—to acquire Omnicity.

Their bid to acquire the company also includes a commitment to pay up to 3 percent of the claims by unsecured creditors of Omnicity if the company starts generating profits again. As of September, Omnicity was pulling in revenue at an annual rate of $3 million but losing about $80,000 a year.

Omnicity’s unsecured creditors are owed somewhere between $3 million and $3.9 million, according to an analysis filed with the U.S. Bankruptcy Court. So the maximum Broadband will have to pay is $116,000.

Bash said all secured and unsecured claims would be paid as agreed. But Jeff Hokanson, an attorney at Frost Brown Todd who represents the unsecured creditors, said receiving 3 cents on the dollar means the unsecured creditors essentially receive nothing.

“No one is being paid enough to even pay their attorney to open a piece of mail,” Hokanson said.

Omnicity filed for Chapter 11 bankruptcy protection in September 2011 after getting hit with five lawsuits from acquired companies that claimed they had not been paid.
 

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  • Several phone calls and no follow up call back
    I invested thousands of dollars in Omnicity stock (now Broadband). In May of 2013 I have made three phone calls talking to Broadband employees asking for a company representative to contact me to discuss several topics. As of May 17th i have received no follow up calls from Broadband. I hope when people are calling up to subscribe for Broandband's service that the potential new subscribers receive a follow up call. After putting thousands of dollars into this stock I am very disappointed as a Shareholder. Good luck in the future.
  • WOW
    How would we know who the people were that made an offer. Is there somewhere we can go look to find this out? Maybe the former CEO was in communications with the buyers and was blocking other buyers to benefit himself and deceive the courts. Maybe there is some evidence of that out there to review. Maybe the story isn't over yet. Maybe the state is investigating them right now. We will see.
  • Congrats!!!!!
    Only DB could have pulled this off. What a save! Sometimes the best offer is not in the immediate benefit but rather the future outlook. Some of the other offers were probably from some pretty flakey/shadey characters anyway and some may have very well been part of the problem also. Good to see this and hopefully some of those who were part of the problems will be taught some very good lessons. Way to go!!!!
  • More Info?
    IBJ should look into more of the story. There are larges amounts of information available here in the bankruptcy records and the SEC filings that investors would be interested in knowing about. There may also be some interesting information on potential bidders possibly discouraged from bidding over lack of due diligence. This may have contributed to the late bid that was substantially higher.
  • Agreed
    They definitely need to advertise. Maybe even a coverage map on their website?
  • They need to advertise
    We've been with Omnicity for nearly 2 years and where we're located the service is great. I promote it all the time but I'm literally the only advertisement I've seen for Omnicity in 2 years (except for one stand they set up at a county fair). No one, and I mean NO ONE knows who they are. I talk to people that live in the "country" and are still on dial-up and they don't even know Omnicity is an option. Here's to hoping these guys market better than the last group.

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