SunEdison Subsidiary Accuses Parent of Diverting Funds
05 April 2016 - 3:30AM
Dow Jones News
TerraForm Global Inc. has accused its corporate parent,
embattled renewable energy company SunEdison Inc., of an "unlawful
scheme to misappropriate" TerraForm's assets.
In a lawsuit filed Sunday in the Delaware Court of Chancery,
TerraForm Global said SunEdison misappropriated $231 million of
cash that TerraForm Global provided its parent to help it complete
construction of renewable-energy projects in India. Instead,
SunEdison "diverted the funds to prop up its flagging liquidity
position," TerraForm Global said in the complaint.
TerraForm Global is seeking $231 million from SunEdison. It also
named SunEdison Chief Executive Ahmad Chatila, General Counsel
Martin Truong and Brian Wuebbels, SunEdison's former chief
financial officer, in the lawsuit, saying the three men breached
their fiduciary duty.
A spokesman for SunEdison declined to comment. Messrs. Chatila,
Wuebbels and Truong couldn't immediately be reached. Mr. Wuebbels
last week resigned as CEO of TerraForm Global and its sister
company, TerraForm Power Inc.
A TerraForm Global spokeswoman declined to comment beyond the
complaint.
The lawsuit marks yet another setback for Maryland Heights,
Mo.-based SunEdison, which grew to a market value of $10 billion
last year and is now preparing to file for bankruptcy protection,
The Wall Street Journal reported Friday. The developer's aggressive
borrowing and the swift deterioration of its "yieldco" financing
strategy caught it in a financial squeeze.
SunEdison's two yieldcos—TerraForm Global and TerraForm
Power—raise money from public investors to buy power projects from
developers, then sell power to utilities under long-term contracts.
Investors initially rewarded the structure, attracted by yieldcos'
high dividend payouts during a time of ultralow interest rates, but
expectations of rising rates damped their enthusiasm.
SunEdison shares were down 49% in midday trading at 22 cents.
The company's market capitalization currently stands at around
$70.4 million, according to FactSet.
According to the complaint, SunEdison executives in November
told TerraForm Global they needed it to "make a large prepayment"
related to TerraForm Global's planned acquisition of Indian power
projects from its parent. TerraForm Global believed the cash would
be used to finish the projects and deliver them on time, it
said.
But the executives "falsely represented" that SunEdison really
needed the money to repay a margin loan secured by shares of
TerraForm Power Inc., another SunEdison subsidiary, according to
the complaint. SunEdison had been unable to refinance the margin
loan and faced a repayment deadline on Nov. 20, the complaint
says.
Write to Matt Jarzemsky at matthew.jarzemsky@wsj.com and Liz
Hoffman at liz.hoffman@wsj.com
(END) Dow Jones Newswires
April 04, 2016 13:15 ET (17:15 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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