Sunworks Terminates Merger Agreement with The Peck Company Holdings, Inc.
November 12 2020 - 7:32PM
Business Wire
Merger Proposal Fails to Win Sunworks
Stockholder Approval
The Peck Company Holdings, Inc. (NASDAQ: PECK) (“Peck”), a
leading commercial solar engineering, procurement and construction
(EPC) company was informed today by Sunworks, Inc. (NASDAQ: SUNW)
(“Sunworks”), a provider of solar power solutions for agriculture,
commercial and industrial (“ACI”), public works and residential
markets, that the Merger Agreement previously announced on August
10, 2020 was terminated by Sunworks due to its inability to obtain
stockholder approval.
Sunworks had established October 9, 2020 as the record date for
determining stockholders eligible to vote at the Sunwork’s Special
Meeting of Stockholders and as of the record date, there were
16,628,992 shares of Common Stock outstanding and entitled to vote.
At the Sunwork’s Special Meeting of Stockholders only 4,362,575
votes were cast, or 26% of the total outstanding shares. This total
fell short of the quorum required to vote on the proposed merger.
Peck had been informed that approximately 65% of the shares voted
had voted in favor of the merger but Sunworks and its proxy
solicitor did not believe adjourning the Special Meeting and
continued solicitation of proxies would enable it to obtain the
requisite stockholder vote due to Sunwork’s widely dispersed
stockholder base. Accordingly Sunworks terminated the merger but
indicated its desire to continue to have strategic discussions to
determine other ways for the two companies to work together.
Peck had received sufficient proxies to approve the merger but,
due to Sunwork’s termination, Peck cancelled its scheduled Special
Meeting of Stockholders.
Chairman and CEO of Peck, Jeffrey Peck commented, “Our
stockholders were in favor of the merger with Sunworks, so we are
committed to finding alternative ways that we can work efficiently
together and to leverage the synergies between our two companies in
the coming months.”
About The Peck Company Holdings,
Inc.
Headquartered in South Burlington, VT, The Peck Company
Holdings, Inc. (NASDAQ: PECK) is a 2nd-generation family business
founded in 1972 and rooted in values that align people, purpose,
and profitability. Ranked by Solar Power World as one of the
leading commercial solar contractors in the Northeastern United
States, Peck provides EPC services to solar energy customers for
projects ranging in size from several kilowatts for residential
properties to multi-megawatt systems for large commercial and
utility scale projects. Peck has installed over 160 megawatts worth
of solar systems since it started installing solar in 2012 and
continues its focus on profitable growth opportunities. Please
visit www.peckcompany.com for additional information.
Forward Looking
Statements
This press release contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995. These forward-looking statements include, but are not limited
to, statements about (i) the Company’s future business relationship
with Sunworks,, including synergies, (ii) Peck’s plans, objectives,
expectations and intentions and other statements contained in this
press release that are not historical facts; and (iii) other
statements identified by words such as “expects” “anticipates,”
“intends,” “plans,” “believes,” “seeks,” “estimates,” “targets,”
“projects,” or words of similar meaning generally intended to
identify forward-looking statements. These forward-looking
statements are based upon the current beliefs and expectations of
the management of Peck and are inherently subject to significant
business, economic and competitive uncertainties and contingencies,
many of which are beyond the control of Peck. In addition, these
forward-looking statements are subject to assumptions with respect
to future business strategies and decisions that are subject to
change. Actual results may differ materially from the anticipated
results discussed in these forward-looking statements because of
possible uncertainties.
The following factors, among others, could cause actual results
to differ materially from the anticipated results or other
expectations expressed in the forward-looking statements: (1) the
termination of the Merger Agreement (2) the amount of any costs,
fees, expenses, impairments and charges related to the abandoned
merger; (3) uncertainty as to the effects of the announcement of
the termination of the merger on the market price of Peck’s Common
Stock and/or on its financial performance; (4) uncertainty as to
the long-term value of Peck’s Common Stock; (5) the ability of Peck
to raise capital from third parties to grow its business; (6)
operating costs, loss of customers and business disruption
following the abandonment of the merger, including adverse effects
on relationships with employees and customers, may be greater than
expected; (7) economic, competitive, regulatory, environmental and
other factors may adversely affect the businesses in which Peck is
e engaged; and (8) the impact of COVID-19 and the related federal,
state and local restrictions on Peck’s operations and workforce,
the impact of COVID-19 and such restrictions on customers of Peck
and the impact of COVID-19 on the supply chain and availability of
shipping and distribution of Peck. . Additional factors that could
cause actual results to differ materially from those expressed in
the forward-looking statements are discussed in Peck’s reports
(such as Annual Reports on Form 10-K, Quarterly Reports on Form
10-Q and Current Reports on Form 8-K) filed with the SEC and
available on the SEC’s Internet site (http://www.sec.gov).
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version on businesswire.com: https://www.businesswire.com/news/home/20201112006136/en/
The Peck Company Holdings Investor Contacts: Michael
d’Amato IR@peckcompany.com p802-264-2040 ClearThink
nyc@clearthink.capital
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