Pacific Capital seeks $3 million DIP from Rubicon
Pacific Capital Funding Group requested authority to borrow up to $3 million from Rubicon Mortgage Fund LLC to finance Chapter 11 administration, protect its assets and pursue a sale process. The proposed facility bears 14% annual interest and carries a $150,000 nonrefundable facility fee, plus $7,500 for due diligence and a $975 documentation fee. It would mature on the earliest of 12 months after the interim closing, 40 days after interim approval without a final order, substantial consummation of a plan or acceleration following default. The DIP financing motion is set for an interim hearing on July 17.
Rubicon would receive first-priority liens on unencumbered assets, junior liens on encumbered assets and superpriority administrative claims, subject to a carve-out; avoidance actions and cash held by Arrival Fund 1, LLC are excluded from collateral. The facility contains no roll-up, but requires rolling 13-week forecasts and variance reporting. Pacific Capital seeks an interim order by July 31 and a final order within 40 days after the interim closing. Those milestones make the July 17 hearing consequential: failure to obtain timely approval would cut off the proposed liquidity needed to operate and run the sale effort.