Update on ElectraMeccanica Litigation Dispute With Tevva
November 09 2023 - 6:48PM
Business Wire
ElectraMeccanica Vehicles Corp. (NASDAQ: SOLO)
(“ElectraMeccanica”), a designer and assembler of electric
vehicles, today announced that the United States District Court for
the District of Arizona issued an order on November 7, 2023
dismissing the previously filed complaint by Tevva Motors Limited
(“Tevva”) against ElectraMeccanica, 1432952 B.C. Ltd. (“Holdco”),
1432957 B.C. Ltd. (“Parentco”) and Susan E. Docherty,
ElectraMeccanica’s Chief Executive Officer and Interim Chief
Operating Officer, relating to the termination of that certain
arrangement agreement, dated August 14, 2023, by and among the
parties.
The Arizona District Court dismissed the complaint due to the
court’s lack of subject-matter jurisdiction as a result of (i)
ElectraMeccanica, Holdco and Parentco being Canadian corporations
and (ii) Tevva’s failure to establish Arizona as Ms. Docherty’s
state of domicile in the complaint. Pursuant to the Arizona
District Court’s order, Tevva has until November 21, 2023 to file
an amended complaint seeking to cure the deficiencies identified in
the order. On November 7, 2023, Tevva subsequently filed a
substantially similar complaint in the Maricopa County Superior
Court, State of Arizona. ElectraMeccanica has not been served with
the new complaint.
ElectraMeccanica and the other defendants believe that Tevva’s
allegations are without merit and intend to vigorously defend their
position to the fullest extent permitted by law. ElectraMeccanica
also intends to pursue its own legal rights and remedies against
Tevva in appropriate legal jurisdictions, including potentially the
United States, Canada, and the United Kingdom, and to take steps
intended to ensure Tevva’s debtor obligations, as applicable, are
met. Specifically, ElectraMeccanica has provided Tevva a notice of
default and demand for payment as to the approximately $6.1 million
of debt owed by Tevva under the previously established working
capital facility between the parties. ElectraMeccanica also
delivered notice pursuant to a Deed of Priority to the other three
Tevva secured creditors seeking consultation over the prompt
appointment of an insolvency administrator. In addition,
ElectraMeccanica is evaluating and considering legal action to
obtain relief as to certain persons in conjunction with the
original arrangement agreement and their individual efforts in not
meeting contractual, fiduciary, and debtor obligations.
About ElectraMeccanica
ElectraMeccanica (NASDAQ: SOLO) is a designer and assembler of
environmentally efficient electric vehicles intended to enhance the
urban driving experience, including commuting, delivery and shared
mobility.
Safe Harbor Statement
This press release includes “forward-looking statements” within
the meaning of U.S. federal securities laws and applicable Canadian
securities laws. Forward-looking statements may be identified by
words or expressions such as “expects,” “anticipates,” “intends,”
“plans,” “believes,” “estimates,” “may,” “will,” “projects,”
“could,” “should,” “would,” “seek,” “forecast,” or other similar
expressions. Forward-looking statements represent current judgments
about possible future events, including, but not limited to,
statements regarding ElectraMeccanica’s and the other defendants’
intent to vigorously defend their position to the fullest extent
permitted by law; ElectraMeccanica’s intent to pursue its own legal
rights and remedies against Tevva in appropriate legal
jurisdictions, including potentially the United States, Canada, and
the United Kingdom, and to take steps intended to ensure Tevva’s
debtor obligations, as applicable, are met; and ElectraMeccanica’s
plans to evaluate and consider legal action to obtain relief as to
certain persons in conjunction with the original arrangement
agreement and their individual efforts in not meeting contractual,
fiduciary, and debtor obligations. Forward-looking statements are
based on the current beliefs or expectations of the management of
ElectraMeccanica and are inherently subject to a number of risks,
uncertainties, and assumptions, most of which are difficult to
predict and many of which are beyond ElectraMeccanica’s control.
Actual results may differ materially from those expressed or
implied in the forward-looking statements due to risks and
uncertainties including, but not limited to, whether
ElectraMeccanica and the other defendants will be successful in
their defense against the allegations under any amended federal
complaint, state complaint or in any future legal proceedings
involving Tevva and/or any related persons. Additional factors that
could cause actual results to differ materially from those
expressed or implied in the forward-looking statements can be found
in ElectraMeccanica’s filings with the Securities and Exchange
Commission (the “SEC”), including its Annual Report on Form 10-K
for the fiscal year ended December 31, 2022, its Quarterly Reports
on Form 10-Q filed with the SEC during 2023, as well as in its
subsequent filings with the SEC. Accordingly, readers are cautioned
not to place undue reliance on forward-looking statements. It is
uncertain whether any of the events anticipated by the
forward-looking statements will transpire or occur, or if any of
them do, what impact they will have on the results of operations
and financial condition of ElectraMeccanica. Forward-looking
statements speak only as of the date they are made, and
ElectraMeccanica undertakes no obligation to update publicly or
otherwise revise any forward-looking statements, whether as a
result of new information, future events, or other factors that
affect the subject of these statements, except where it is
expressly required to do so by law.
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version on businesswire.com: https://www.businesswire.com/news/home/20231109187323/en/
John Franklin ir@emvauto.com
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