SunEdison Settles with TerraForm Power, TerraForm Global
March 13 2017 - 7:49AM
Dow Jones News
By Peg Brickley
SunEdison Inc. has reached settlements with TerraForm Power Inc.
and TerraForm Global Inc. that are worth $800 million in value to
creditors waiting to be paid from its bankruptcy case.
The proposed pacts cut off disputes between SunEdison, a
troubled solar power developer, and the TerraForm companies, former
subsidiaries that are being sold to Canada's Brookfield Asset
Management.
The settlements were outlined in filings Friday in the U.S.
Bankruptcy Court for the Southern District of New York, where
SunEdison is operating under chapter 11 bankruptcy protection.
Brookfield Asset Management has offered to $787 million in cash
to buy TerraForm Global. It also proposes to become the sponsor for
TerraForm Power with 51% ownership of the company.
The proposed agreements set out how much SunEdison will get from
the Brookfield deal, a calculation that is affected by both ongoing
and threatened litigation between SunEdison and the TerraForm
companies.
The sale of the TerraForm companies is the major source of value
for creditors owed billions of dollars by SunEdison, which filed
for chapter 11 bankruptcy protection last year amid investigations
into its accounting.
Settlement terms spelled out in bankruptcy court documents say
SunEdison will get a share of the cash from the sale of TerraForm
Global, but retain a portion of its equity in TerraForm Power.
Brookfield will be running TerraForm Power, which owns
alternative power projects. SunEdison, under the settlement, stands
to benefit from improved performance of the projects under
Brookfield's sponsorship.
The official committee of SunEdison's unsecured creditors has
been clamoring to pursue lawsuits against the TerraForm companies.
The TerraForm companies, for their part, have said they have $3
billion worth of damage and other claims against their former
parent.
The creditors committee hasn't signed on to the settlements,
which would trade off the clashing claims and set the stage for
SunEdison to exit bankruptcy.
SunEdison proposes to allot some of the value from the
settlements to unsecured creditors. Court papers say the company's
lawyers will be talking to creditors in the coming days, with a
view toward reaching a deal on how to divide the proceeds of the
settlement between senior and junior creditors.
The company has said it would file a chapter 11 exit plan by the
end of March.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
March 13, 2017 07:34 ET (11:34 GMT)
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