Valence Technology Files Voluntary Chapter 11 Business Reorganization
July 12 2012 - 9:52AM
Flow of Goods and Services to Customers to
Continue Globally in Ordinary Course Non‐U.S. Subsidiaries Are Not
Included in U.S. Filing and Are Not Subject to Court Supervision
Company Negotiating Debtor-in-Possession Financing
Valence Technology, Inc. (the "Company") announced today that it
filed a voluntary petition for a chapter 11 business reorganization
in the U.S. Bankruptcy Court for the Western District of Texas.
The business reorganization is intended to bolster the Company's
liquidity in the U.S. and abroad and enable the Company to focus on
its core lithium phosphate markets. Valence is currently
negotiating a debtor‐in‐possession credit facility and expects to
announce the facility shortly. Once in place, this facility will be
used to enhance liquidity and working capital and will be subject
to Court approval and other conditions. With a credit facility, the
Company believes that it will have sufficient liquidity to operate
its business during chapter 11, and to continue the flow of goods
and services to its customers in the ordinary course.
The Company expects to pay employee wages and benefits and
continue customer programs. Subsidiaries outside of the U.S. are
not subject to the bankruptcy proceedings and are expected to
continue to operate in the ordinary course of business. Valence
plans to honor all post‐petition obligations to suppliers in the
ordinary course.
"After careful consideration of the implications of chapter 11
and weighing them against a lack of attractive alternatives, the
Board of Directors and the senior management team believe that this
is a necessary step and the right thing to do for the future of
Valence," said Robert L. Kanode, Valence's president and chief
executive officer. "Our goal is to continue to operate and meet
customer requirements as we work through the chapter 11 process as
quickly as possible. We are fully committed to working with our
valued customers."
Valence expects to complete its restructuring during 2012. The
Company is being advised by Streusand, Landon & Ozburn, LLP
with respect to bankruptcy matters.
The Valence Technology, Inc. logo is available at
http://www.globenewswire.com/newsroom/prs/?pkgid=10210
Safe Harbor Statement
This press release contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995, including, among other things, our statements regarding that
the flow of goods and services to customers will continue, the
business reorganization bolstering the Company's liquidity in the
U.S. and abroad and enabling the Company to focus on its core
lithium phosphate markets, expecting to announce a
debtor‐in‐possession credit facility shortly, the facility being
used to enhance liquidity and working capital, believing that it
will have sufficient liquidity to operate its business during
chapter 11, and to continue the flow of goods and services to
customers in the ordinary course, expecting to pay employee wages
and benefits and continue customer programs, subsidiaries outside
of the U.S. are expected to continue to operate in the ordinary
course of business, plans to honor all post‐petition obligations to
suppliers in the ordinary course, chapter 11 being a necessary step
and the right thing to do for the future of Valence, goal is to
continue to operate and meet customer requirements and work through
the chapter 11 process as quickly as possible and expecting to
complete the restructuring during 2012. Our actual results could
vary substantially from these forward-looking statements as a
result of a variety of factors including: our ability to obtain the
debtor in possession credit facility and the terms and amount of
any such facility; the impact of the chapter 11 filing on our
relationships with customers, vendors, employees and creditors; the
outcome of the chapter 11 process including the court rulings and
discussions with creditors; our ability to compete effectively in
the marketplace; the overall demand for batteries to power electric
vehicles, and the demand for our lithium-ion batteries and lithium
phosphate battery technology; the rate of new and existing customer
acceptance and sales of our current and future products; our
ability to form effective arrangements with OEMs to commercialize
our products; product or quality defects; the level of direct costs
and our ability to grow revenues to a level necessary to achieve
profitable operating margins to achieve break-even cash flow; our
dependence on sole or a limited number of suppliers for key raw
materials and components, and the ability of our vendors to provide
conforming materials for our products on a timely basis; the level
of our selling, general, and administrative costs; international
business risks, particularly the many risks inherent in doing
business in China; the effects of competition; and the outcome of
any current or future litigation regarding intellectual property,
creditors or other matters and general economic conditions. These
and other risk factors that could affect our actual results are
discussed in our periodic reports filed with the Securities and
Exchange Commission, including our Annual Report on Form 10-K for
the fiscal year ended March 31 and subsequent Quarterly Reports on
Form 10-Q and other documents filed with the Securities Exchange
Commission. The reader is directed to these statements for a
further discussion of important factors that could cause our actual
results to differ materially from those in our forward-looking
statements. We disclaim any intent or obligation to update these
forward-looking statements.
CONTACT: Bob Gray
Valence Technology, Inc.
512.527.2921
investor@valence.com
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