23-10367-mg Doc 774-1 Filed 12/21/23 Entered 12/21/23 17:06:44 Supplement
Notes and Supporting Documentation Pg 4 of 7
On November 1, 2023, the Bankruptcy Court entered an order authorizing the Debtor to assume and assign two unexpired leases [D.I 643] to SVB Capital Management, LLC (“SVB Capital ManCo”), one of which was a sublease. Both of the lease assignments were effective November 1, 2023.
As a result of the assumption and assignment of the leases effective November 1, 2023, the Debtor transferred the Lease ROU Asset and Lease Liability to SVB Capital ManCo effective November 1, 2023. The net liability transferred of $92,267 was recorded as a reduction in the Debtor’s Investment in SVB Capital ManCo. Lease ROU Asset and Lease Liabilities reflected in the Supplemental Balance Sheet attached to the MOR were also reduced as a result of this assignment. The assignment of the sublease had no impact on the Debtor’s financial statements.
Additionally, on October 20, 2023, the Bankruptcy Court entered an order authorizing the Debtor to partially reject an unexpired lease [D.I. 621] with an effective date of November 1, 2023. This lease did not meet the criteria for capitalization pursuant to ASC 842 Leases; therefore, there was no impact on the Lease ROU Asset or Lease Liabilities reflected in the Supplemental Balance Sheet. As a result of this rejection, the Debtor accrued an estimated lease rejection claim of $1,362,599. The charge recorded for this item is reflected in Reorganization Items, net in the Supplemental Statement of Operations attached to the MOR.
Note 7: Investment in Subsidiaries
The primary subsidiary business operations of the Debtor during the reporting period are:
SVB Capital Management, LLC
SVB Capital ManCo is the venture capital and credit investment arm of the Debtor, which focuses primarily on funds management. SVB Capital ManCo manages over $9.5 billion of funds on behalf of third party limited partner investors and, on a more limited basis, the Debtor. The SVB Capital family of funds is comprised of pooled investment vehicles such as direct venture funds that invest in companies and funds of funds that invest in other venture capital funds, as well as debt funds that provide lending and other financing solutions. SVB Capital generates income for the Debtor primarily through investment returns (including carried interest) and management fees.
SVB Securities Holdings
SVB Securities Holdings LLC consists of two businesses, MoffattNathanson LLC, a sell-side research boutique and SVB Transformation Holdings LLC, an asset management company. The Debtor is currently evaluating its position with regard to these entities.
Note 8: Payments to Third Parties Incident to Assets Being Sold
The amounts disclosed in Part 3.b. and c. of the MOR represent 80% of the transaction fee (the “SVBS Transaction Fee”) paid by the Debtor to Centerview Partners LLC (“Centerview”), the Debtor’s investment banker, in connection with their work towards the successful closing of the previously disclosed sale of the membership interests of SVB Securities LLC (n/k/a Leerink Partners LLC) and SVB MEDACorp LLC and certain related assets. Payment by the Debtor of 80% of the SVBS Transaction Fee is in accordance with the Bankruptcy Court’s interim compensation order [D.I. 134] and the Centerview retention order [D.I. 138].
Note 9: Taxes
Taxes receivables reflect a reasonable estimate of current tax refunds due to the Debtor and continue to be evaluated for any required allocations or adjustments.
Note 10: Liabilities Subject to Compromise (Prepetition)
Due to the filing of the Chapter 11 Case on March 17, 2023, the payment of prepetition indebtedness is generally subject to compromise pursuant to a plan of reorganization. Generally, actions to enforce or otherwise effect payment of pre-bankruptcy filing liabilities are stayed. The Debtor has been paying and intends to pay undisputed postpetition liabilities in the ordinary course of business. In addition, the Debtor has rejected certain prepetition executory contracts and unexpired leases with respect to their operations with the approval of the Bankruptcy Court (See Note 6).
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