A123 Systems Receives Court Approval of "First Day" Motions to
Support Business
WALTHAM, Mass., Oct. 19, 2012 /PRNewswire/ -- A123 Systems,
Inc. (Nasdaq: AONE) ("A123" or "the Company"), a developer and
manufacturer of advanced Nanophosphate® lithium iron phosphate
batteries and systems, today announced that yesterday the United
States Bankruptcy Court for the District of Delaware (the "Court") granted the Company's
request for certain "first day" orders that help support its
business.
The Court granted A123 interim approval to use $15.5 million of its $72.5
million Debtor-in Possession ("DIP") financing from Johnson
Controls, Inc. (NYSE: JCI) ("Johnson Controls") to support the
Company's operations throughout the transaction process. A court
hearing for final approval of the DIP has been scheduled for
October 30, 2012. The Company also
received approval to, among other things, continue paying employee
wages, salaries, benefits and other employee obligations.
As previously announced, A123 entered an asset purchase
agreement with Johnson Controls, in which Johnson Controls expects
to acquire A123's automotive business assets. A123 also
continues to engage in active discussions regarding strategic
alternatives for its grid, commercial, government and other
operations, and has received several indications of interest for
these businesses. To facilitate the transaction process, A123 and
all of its U.S. subsidiaries filed voluntary petitions for
reorganization under Chapter 11 of the U.S. Bankruptcy Code in the
U.S. Bankruptcy Court for the District of Delaware. The Company's subsidiaries located
outside the U.S. were not included in the filings.
Additional information, including the terms of the Company's
updated DIP agreement with Johnson Controls, which is expected to
be filed shortly, is available on A123's website at
www.a123systems.com or by calling A123's Restructuring Hotline,
toll-free in the U.S., at 1-800-224-7654. For calls originating
outside the U.S., please dial +1 973-509-3190. Court documents and
additional information can be found at a dedicated website
administrated by the Company's Claims Agent, Logan & Company:
www.loganandco.com.
Latham & Watkins LLP and Richards, Layton & Finger are
serving as legal advisors, Lazard is serving as financial advisor,
and Alvarez & Marsal is serving as restructuring advisor to
A123.
About A123 Systems
A123 Systems, Inc. (Nasdaq: AONE) is a leading developer and
manufacturer of advanced lithium-ion batteries and energy storage
systems for transportation, electric grid and commercial
applications. The company's proprietary Nanophosphate® lithium iron
phosphate technology is built on novel nanoscale materials
initially developed at the Massachusetts
Institute of Technology and is designed to deliver high
power and energy density, increased safety and extended life. A123
leverages breakthrough technology, high-quality manufacturing and
expert systems integration capabilities to deliver innovative
solutions that enable customers to bring next-generation products
to market. For additional information please visit
www.a123systems.com.
Safe Harbor Disclosure
This press release includes forward-looking statements within
the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as
amended that are subject to risks, uncertainties and other
important factors, including statements with respect to the
expected benefits of A123's proposed asset sale and financing
transactions with Johnson Controls, the potential of the
transactions and Chapter 11 filing to create value for A123 and its
stakeholders, the satisfaction of conditions to closing of the
transactions, the anticipated growth of the market for energy
efficient vehicles, the expectation that a Chapter 11 filing will
enable A123 to sell its automotive and other assets in an orderly
manner and maximize value to its stakeholders, and the necessity of
bankruptcy court and other approvals, including antitrust and other
regulatory approvals, to conduct and complete the transactions and
other potential asset sales. Among the factors that could cause
actual results to differ materially from those indicated by such
forward-looking statements are: failure to obtain required
bankruptcy court and other approvals, failure to satisfy the
conditions to closing of the transactions, delays in the
development of A123's products, adverse economic conditions in
general and adverse economic conditions specifically affecting the
markets in which A123 and Johnson Controls operate, and other risks
detailed in A123 Systems' quarterly report on Form 10-Q for the
quarter ended June 30, 2012 and other
publicly available filings with the Securities and Exchange
Commission. All forward-looking statements reflect A123's
expectations only as of the date of this release and should not be
relied upon as reflecting A123's views, expectations or beliefs at
any date subsequent to the date of this release.
SOURCE A123 Systems, Inc.