|
Alex Sorokin, Ener1:
Pre-Packaged Chapter 11 Proceedings Initiated January 27, 2012
Ener1
has reached agreement with its primary investors and lenders on a
restructuring plan that will significantly reduce its debt and provide
up to $81 million to recapitalize the Company to support its long-term
business objectives and strategic plan.
Ener1 received a $118
million U.S. Energy Department grant to make electric-car batteries.
To implement this restructuring plan, the Company has voluntarily
initiated a "pre-packaged" Chapter 11 case in U.S. Bankruptcy Court in
the Southern District of New York, in which it is requesting that the
Court confirm a pre-packaged Plan of Reorganization to implement the
restructuring. The Company filed a proposed Disclosure Statement and
Plan of Reorganization with the Court and anticipates completing the
restructuring process in approximately 45 days.
None of the Company's foreign or domestic subsidiaries has initiated
reorganization cases, and they are not expected to be adversely impacted
by the legal proceedings. The restructuring plan provides for the
continued normal operation of the Company's subsidiary businesses,
including EnerDel, EnerFuel, NanoEner, Emerging Power and Ener1 Korea,
all of which will honor their customer commitments and will continue to
pay their suppliers for goods and services as usual. The Company's
operating subsidiaries do not plan to reduce employment levels as a
direct result of the filing, although they will continue to monitor
market conditions and make adjustments to the workforce as appropriate.
The pre-packaged restructuring plan, which has been unanimously accepted
by all of Ener1's impaired creditors, provides for a restructuring of
the Company's long-term debt and the infusion of up to $81 million of
equity funding, which will support the continued operation of Ener1's
subsidiaries and help ensure that the restructuring will not adversely
impact their employees, customers and suppliers. Of this amount, a new
debtor-in-possession (DIP) credit facility of up to $20 million will be
available upon Court approval to support working capital needs during
the restructuring. The balance, for a total of up to $81 million, will
be available over the four years following Court approval of the
restructuring plan and subject to the satisfaction of certain terms and
conditions.�
In addition to the restructuring of long-term debt, the claims of
Ener1's general unsecured creditors will be unimpaired and paid by the
Company under the restructuring plan. Under the plan, all of the
Company's existing common stock will be canceled, the long-term debt
holders will be receiving a combination of cash, a new term loan and new
common stock in exchange for their claims, and new preferred stock will
be issued to the provider of the post-petition and exit funding.
Suppliers to the Company will be paid under normal terms for goods and
services provided after the Chapter 11 filing date.� Payments for goods
and services provided directly to the Company prior to the filing date
have been previously settled or will be paid pursuant to the
restructuring plan when it is approved by the Court.
"This
was a difficult, but necessary, decision for our company. We are
extremely pleased to have the strong support of our primary investors
and lenders to substantially reduce the Company's debt," stated Ener1
CEO Alex Sorokin. "Their support demonstrates that our business partners
have an appreciation for our future business opportunities in providing
energy storage solutions for electric grid, transportation and
industrial applications.� We expect the new funding to provide ample
liquidity for our subsidiaries to meet their ongoing obligations to
employees, customers and suppliers."
"We moved aggressively to reduce costs and shift focus when the
marketplace did not evolve as quickly as anticipated. Our business plan
was impacted when demand for lithium-ion batteries slowed due to
lower-than-expected adoption for electric passenger vehicles," continued
Sorokin. "That pressure was exacerbated by volatility in the debt and
equity markets that further limited our borrowing ability and the loss
of a major customer, Think Global, which filed for bankruptcy in June
2011, and for which we were exclusively providing commercial lithium-ion
battery packs. We believe that the restructuring plan will enable us to
address our business and financial challenges comprehensively, quickly
and efficiently, and position us to compete much more effectively in the
energy storage market."
On December 12, 2011, the Company's common stock was delisted from
NASDAQ. Pursuant to the Plan, that common stock will be extinguished at
the conclusion of the reorganization case and current equity holders
will not receive any distributions.
The Company's legal advisor is Reed Smith LLP and its financial advisor
is Houlihan Lokey Capital, Inc. |