Sale of Ormet Corporation to Smelter Acquisition, LLC Approved by Bankruptcy Court; Operations to Continue Without Interruption
05 June 2013 - 5:01AM
Business Wire
On June 3, the United States Bankruptcy Court for the District
of Delaware approved the sale of substantially all of the assets of
Ormet Corporation, a leading producer of primary aluminum, and
certain of its affiliates to Smelter Acquisition, LLC, a portfolio
company owned by private investment funds managed by Wayzata
Investment Partners LLC (“Wayzata”). Ormet Corporation and certain
of its affiliates filed for bankruptcy protection in the United
States Bankruptcy Court for the District of Delaware in late
February to effectuate a financial restructuring of the Company. In
connection with its restructuring, the Company received aggregate
commitments of $90 million of DIP Financing, consisting of $30
million in Term DIP financing from Wayzata and a $60 million DIP
facility from Wells Fargo, which replaced its $60 million
pre-petition revolver with Ormet. The DIP financings provided the
Company with sufficient liquidity to meet ongoing obligations and
ensure the uninterrupted continuation of operations during the
restructuring.
After giving effect to the transaction with Smelter Acquisition,
the business will shed substantially all of its legacy liabilities
and emerge with a much stronger balance sheet and sole equity
sponsor in Wayzata. The Company does not anticipate that the
acquisition will impact Ormet’s ordinary course operations.
“Ormet made a major step forward today in finalizing our
purchase agreement with Smelter Acquisition, LLC. The remaining
gating issue for Ormet to exit from bankruptcy is approval of a
suitable amendment to the current power arrangement authorized by
the Public Utilities Commission of Ohio (PUCO). Ormet will be
submitting a requested amendment to the PUCO shortly. I want to
thank the Governor, the State of Ohio, JobsOhio, our legislators,
our employees, the USW and our community for the support that they
have given us to reach this point,” said Mike Tanchuk President and
CEO.
The Asset Purchase Agreement is subject to typical closing
conditions, as well as satisfactory relief from the PUCO relating
to the Company’s power arrangements.
A copy of the Sale Order will be available on the Company’s
website at www.ormet.com. Information about the Chapter 11 case,
including access to court filings, can be obtained at
http://www.kccllc.net/ormet or through a link to this service on
the Company’s website.
Cautionary Statement
This Statement contains forward-looking statements that can be
identified by use of words such as “anticipates,” “believes,”
“estimates,” “expects,” “hopes,” “targets,” “should,” “forecast,”
“outlook,” “projects” or other words of similar meaning. All
statements that address the Company’s expectations or projections
about the future, including statements about the Company’s strategy
for growth, cost reduction goals, expenditures, financial results,
liquidity and capital needs, are forward-looking statements.
Forward-looking statements are based on the Company’s estimates,
assumptions and expectations of future events and are subject to a
number of risks and uncertainties and may or may not be realized.
The Company cannot guarantee its future performance or results of
operations. All forward-looking statements in this press release
are based on information available to the Company on the date
hereof. The Company disclaims any intention or obligation to update
or revise any forward-looking statements, except as may be required
by law. The Company’s business is subject to a number of
significant risks and uncertainties, including the potential
adverse impact of its Chapter 11 cases on the Company’s operations
and relationships with customers and suppliers and its ability to
close an asset purchase agreement with Smelter Acquisition, LLC.
Reference is made to the risk factors and other disclosures
contained in the Company’s Information and Disclosure Statements
for year ended December 31, 2011, which is available on the
Company’s website at www.ormet.com. Given the significant
uncertainties and risks to which the Company is subject (a) the
reader should not place undue reliance on forward-looking
statements contained in this press release and (b) the Company’s
future results could differ materially from the Company’s current
results and from those anticipated in the Company’s forward-looking
statements.
Headquartered in Hannibal, Ohio, Ormet Corporation is a major
U.S. producer of aluminum. Ormet employs approximately 1,250
people. For more information, visit the Company’s website at
www.ormet.com.
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