Sungevity, Inc. has commenced voluntary Chapter 11 proceedings in US Bankruptcy Court for the District of Delaware, in order to facilitate a financial and corporate restructuring to strengthen its balance sheet and recapitalize the company. During the Chapter 11 proceedings, it is expected that the company's operations will continue uninterrupted.
In connection with the restructuring process, and under Section 363 of the Bankruptcy Code, the company has entered into an asset purchase agreement with a group of investors, led by Northern Pacific Group. Under the terms of the agreement, Northern Pacific Group will acquire substantially all of the company's assets, including the equity interests in the European operations. While Sungevity's European operations are part of the transaction, their day-to-day operations will not be impacted as a result of the Chapter 11 proceedings in the US. The purchase agreement sets the floor, or minimum acceptable bid, for an auction under the supervision of the court, which is designed to achieve the highest available offer. Sungevity expects to complete its financial restructuring and sale through an expedited process. A final sale approval hearing and closing of the sale is expected to take place by the end of April.
To provide capital for the company's operations and to fund the auction and sale process, the group of investors has committed to provide the company with up to $20 million in financing. Subject to interim court approval, the financing will be immediately available to the company, to be used to fund the company's day-to-day operations, and pay any expenses related to the Chapter 11 proceedings.
William Nettles, Sungevity's newly appointed Chief Administration Officer, said "The agreement we have reached with the team led by Northern Pacific Group and its co-investors is a testament to their confidence in the future of Sungevity's business. The actions we have announced today will allow Sungevity to emerge as a stronger and more competitive company. With its market-leading software platform and its high quality employees who provide unwavering commitment to customers and exceptional service, Sungevity intends to be at the forefront of the industry as solar continues on its growth trajectory in the years ahead."
"The Board and its advisors reviewed a range of options and ultimately decided that a court-supervised sale represents the best path forward for our customers, suppliers, employees and business partners," said Andrew Birch, Sungevity's Chief Executive Officer. "During the sale process, our team will remain committed to serving our customers and delivering our industry leading service. Our ample on-hand inventory and uninterrupted installment contracts position us well to continue fulfilling our customers' orders. Sungevity has long been a pioneer in the field of residential solar installation, and we believe that this represents a step forward for the company."
The company has filed a number of customary pleadings with the court, seeking authorization to pay certain prepetition obligations, support its business operations, and transition them through the sale process. These include the payment of employee wages, taxes, insurance, critical vendors, and utility providers, as well as the continuation of the company's customer support programs. This will ensure that the company can continue to operate and serve its customers without interruption.