What was changed
EZ Worldwide Express served as Forever 21's main shipping source to 171 stores. As the retailer's shipping business slowed, the relationship turned unprofitable: EZ's revenue fell from a high of $780,730 to a low of $352,483 within a single year, and the shipper cut staff, warehouses and transport trucks before filing for Chapter 11 bankruptcy protection, eventually retaining just 34 Forever 21 locations.
In December 2016, a US Bankruptcy Court ruled that the newly reorganized shipper was free to enact its debt-repayment plan. The plan no longer rested on a single vendor: EZ now works with Disney, H&M and Amazon, while keeping shipments to 34 Forever 21 locations under something of the old contract. Creditors are to receive approximately $400,000 in four annual payments plus a portion of profits if the shipper earns more than $35 million per year.
The episode became a lesson in single-client dependency. An exclusive contract guarantees income only while the client's volume holds, and entering bankruptcy to break out of one is a costly way to renegotiate; good contracting, the analysis noted, would have included a safety clause placing certain volume responsibility on Forever 21.
What it achieved
A court-approved plan repays creditors about $400,000 in four annual payments, plus a share of profits once the shipper earns more than $35 million a year.
Why it worked
An exclusive contract with one retailer concentrated all of EZ's revenue risk on Forever 21's store traffic.
Forever 21's slowing business drove EZ's revenue from $780,730 to $352,483 within a year, leaving scale it could not cover.
Cutting staff, warehouses and trucks could not close the gap, so EZ reorganized under Chapter 11 protection.
Emerging with Disney, H&M and Amazon as customers replaced the lost volume with a diversified client base.
What can be applied
An exclusive anchor contract concentrates all risk on one client's fortunes; volume floors or a second client base are the insurance a supplier must buy.
Aftermath
The shipper emerged from bankruptcy protection with its repayment plan in force, keeping the 34-store Forever 21 remnant of the old contract while Disney, H&M and Amazon provide the profit that repays creditors. Forever 21 weathered the storm despite reports it was struggling to pay its bills; EZ Worldwide required legal intervention but came out with its creditor plan approved.
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The sources
- Forever 21's former carrier rises from dependency-induced bankruptcy supplychaindive.com