Orbite Provides Corporate Update
16 Juli 2018 - 8:14PM
Orbite Technologies Inc. (NEX:ORT.H) (“Orbite” or the “Company”)
today provided an update on its continuing efforts to emerge from
the protection of the Companies’ Creditors Arrangement Act
(“CCAA”).
Update on the Outotec Calcination
Equipment
The Company has entered into a transaction with
Outotec to resolve the issues encountered with the calcination
equipment and such transaction was approved by the Superior Court
of Québec (the “CCAA Court”) earlier today. The transaction can be
summarized as follows:
- Outotec GmbH & Co KG (“Outotec KG”) will pay a settlement
amount of CDN$3.5 million to Orbite (the “Settlement Payment”) and
consequently the agreements that are currently in place with
Outotec KG and Outotec Canada (collectively referred to as
“Outotec”) are terminated;
- Outotec. KG will extend to the Company an interim financing
loan in the amount of CDN$4.0 million (the “DIP Loan”);
- The Company and Outotec KG have entered into a new supply
agreement in relation with the re-commencement of the operation of
the calcination equipment at the high purity alumina plant (the
“HPA Plant”). The required equipment will be supplied by Outotec KG
without warranties and with a limitation of liability, on the part
of Outotec KG.
- As a consideration for the Settlement Payment and the DIP Loan,
the Company releases Outotec Canada and Outotec KG from all
potential claims resulting from the agreements currently in
place.
The terms of the DIP Loan were approved by the
CCAA Court and contain terms which are customary for loans of this
nature, including payment of interest and the granting of security
by a CCAA charge over all of the Company’s movable and immovable
assets.
The terms and conditions of the DIP Loan as well
as the rank of the security granted are disclosed in more detail in
the Monitor’s report and will be filed in due course on SEDAR.
According to the Company’s cashflow projections
filed with the CCAA Court, the Settlement Payment, the DIP Loan and
other sources of funds expected to be received from other parties
should allow the Company to increase its workforce and maintain
operations into April of 2019. Management expects operations at the
HPA Plant to re-commence during the second quarter of 2019.
CCAA Court extends the Stay
Period
As announced on June 11, 2018, the CCAA Court
issued an order pursuant to the CCAA providing for a stay of all
proceedings until July 20, 2018 (the “Stay Period”). On July 16,
2018 the CCAA Court granted a motion filed by the Company and
issued a fourth amended and restated initial order providing namely
for the following orders:
- extending the Stay Period until February 1, 2019; and
- relieving Orbite from its obligation to call the annual meeting
of shareholders on or before October 31, 2018 and directing Orbite
to call such annual meeting, as the case may be, by March 15,
2019;
The Company will provide further updates as
developments occur.
There can be no guarantees that Company will
otherwise be successful in its restructuring efforts and will
emerge from CCAA protection.
About OrbiteOrbite Technologies
Inc. is a Canadian cleantech company whose innovative and
proprietary processes are expected to produce alumina and other
high-value products, such as rare earth and rare metal oxides, at
one of the lowest costs in the industry, and in a sustainable
fashion, using feedstocks that include aluminous clay, kaolin,
nepheline, bauxite, red mud, fly ash as well as serpentine residues
from chrysotile processing sites. Orbite is currently in the
process of finalizing its first commercial high-purity alumina
(HPA) production plant in Cap-Chat, Québec and has completed the
basic engineering for a proposed smelter-grade alumina (SGA)
production plant, which would use clay mined from its Grande-Vallée
deposit. The Company's portfolio contains 15 intellectual property
families, including 44 patents and 38 pending patent applications
in 11 different countries and regions. The Company also operates a
state of the art technology development center in Laval, Québec,
where its technologies are developed and validated.
Forward-looking
statementsCertain information contained in this document
may include "forward-looking information". Without limiting the
foregoing, the information and any forward-looking information
include statements regarding projects, costs, objectives and future
returns of the Company or hypotheses underlying these items. In
this document, words such as "may",” confident”, "would", "could",
"will", "likely", "believe", "expect", "anticipate", "intend",
"plan", "estimate" and similar words and the negative form thereof
are used to identify forward-looking statements. Forward-looking
statements should not be read as guarantees of future performance
or results, and will not necessarily be accurate indications of
whether, or the times at or by which, such future performance will
be achieved. Forward-looking statements and information are based
on information available at the time and/or the Company
management's good-faith beliefs with respect to future events and
are subject to known or unknown risks, uncertainties, assumptions
and other unpredictable factors, many of which are beyond the
Company's control. Risks, uncertainties and other factors that
could affect anticipated results and future events also include,
but are not limited to, those described in the section of the
Management's Discussion and Analysis (MD&A) entitled "Risk and
Uncertainties" as filed on July 28, 2017 on SEDAR, including those
under the headings “Going Concerns”, Commercial Operation of HPA
Plant”, “We will need to raise capital to continue our growth” and
“Development Goals and Time Frames” described in the MD&A filed
on March 31, 2017.
The Company does not intend, nor does it
undertake, any obligation to update or revise any forward-looking
information or statements contained in this document to reflect
subsequent information, events or circumstances or otherwise,
except as required by applicable laws.
CONTACT INFORMATION:
FOR MORE INFORMATION, PLEASE
CONTACT: Orbite Technologies Inc.Geneviève Marchand,
Corporate SecretaryTel.: 450 680-3341Email:
info@orbitetech.com
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