All American Semiconductor, Inc. Receives Court Approval of First Day Motions
2007年5月4日 - 4:21AM
PRニュース・ワイアー (英語)
Court Approves Payment of Prepetition Employee Expenses, Interim
Debtor-in- Possession Financing and Process for Going Concern Sale
MIAMI, May 3 /PRNewswire-FirstCall/ -- All American Semiconductor,
Inc. (Pink Sheets: SEMI.PK), a distributor of semiconductors and
other electronic components, today announced the approval of its
first day motions by the U.S. Bankruptcy Court for the Southern
District of Florida, Miami Division. The Company received approval
of first day motions seeking relief to enable the Company to
continue operations during the Chapter 11 process, including
debtor-in-possession (DIP) financing from its existing bank group,
and the payment of prepetition, employee-related and certain
customer obligations. In addition, All American received Bankruptcy
Court approval of bidding procedures for an auction sale of its
businesses as a going concern to be completed no later than June 8,
2007. The Court approved interim DIP financing of up to $13
million, which is expected to provide the Company with sufficient
liquidity to continue operations during the Chapter 11 case and is
based on a budget agreed upon with the bank group. The final
hearing on DIP financing is scheduled to be held on May 17. "We are
pleased with this outcome," said Bruce Goldberg, President and CEO
of All American. "The Court's approval of our motions allows All
American to continue as a going concern as we work towards an
auction sale of the business." The approved sale process provides
for interested purchasers to complete due diligence and submit
binding bids by May 28, 2007, with the auction scheduled for May 31
at the Miami offices of the Company's counsel, Squire, Sanders
& Dempsey, L.L.P. The hearing to approve a sale to the highest
bidder at the auction is scheduled for June 5, 2007, with the sale
closing no later than June 8. Prior to the Company's bankruptcy
filing, it signed a nonbinding letter of intent with a potential
purchaser of substantially all of the Company's and its
subsidiaries' assets. The Company advised the Bankruptcy Court that
it is actively negotiating a binding purchase agreement with this
party to become the stalking horse for the sale. In the event such
an agreement is reached, specific stalking horse protections,
including a breakup fee, will be subject to the approval of the DIP
lenders and the Bankruptcy Court. In addition, a sale to the
highest bidder at the auction will also require the approval of the
Bankruptcy Court. On April 25, 2007, All American filed voluntary
petitions for relief under Chapter 11 of the U.S. Bankruptcy Code.
The filing included the Company's 33 subsidiaries in the United
States, Canada, Mexico, Europe and Asia. All American determined to
file for relief under Chapter 11 after extensively exploring and
carefully evaluating all of its options. All American believes that
the Chapter 11 process provides the best alternative for maximizing
the value of the Company for the benefit of its stakeholders
including suppliers, customers and employees. About All American
Semiconductor, Inc. All American is a Delaware corporation with its
principal place of business in Miami, Florida. It also maintains
corporate offices for West Coast operations in San Jose,
California. All American is a distributor of electronic components
manufactured by others. The Company distributes a full range of
semiconductors including transistors, diodes, memory devices,
microprocessors, microcontrollers, other integrated circuits,
active matrix displays and various board-level products. All
American also distributes passive components such as capacitors,
resistors and inductors; and electromechanical products such as
power supplies, cable, switches, connectors, filters and sockets.
All American also offers complete solutions for flat panel display
products. In total, the Company offers approximately 40,000
products produced by approximately 60 manufacturers. These products
are sold primarily to original equipment manufacturers in a diverse
range of industries such as manufacturers of computers and
computer-related products, networking, satellite, wireless and
other communications products; Internet infrastructure equipment
and appliances; automobiles and automotive subsystems; consumer
goods; voting and gaming machines; defense and aerospace equipment;
and medical instrumentation. The Company also sells products to
contract electronics manufacturers who manufacture products for
companies in all electronics industry segments. "SAFE HARBOR"
STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF
1995 This press release contains statements that are
forward-looking within the meaning of Section 27A of the Securities
Act of 1933, as amended, and Section 21E of the Securities Exchange
Act of 1934, as amended. These forward-looking statements are made
pursuant to the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995. When used in this press release, the
words "expected," "intends, "may," "will," "shall," and similar
expressions, to the extent used, are intended to identify the
forward-looking statements. In addition, to the extent that this
press release makes statements about or refers to the Chapter 11
bankruptcy filing and results or effects thereof, DIP financing
from the existing bank group, a sale of the Company's and its
subsidiaries' businesses, Bankruptcy Court or existing bank group
approval of any asset sale or any other transaction, or otherwise
makes statements about or refers to future expectations, beliefs or
intentions about the Company's future operations, such statements
are forward-looking statements. All forward-looking statements are
subject to a number of risks and uncertainties that could cause
actual results, performance, achievements or transactions to differ
materially from the statements made. Factors that could adversely
affect the Company's future results, performance, achievements or
transactions include, without limitation: failure of the Company to
obtain Bankruptcy Court approval of any sale of its assets or any
other transactions or activities involving the Company; the
Company's failure to access sufficient funds from the Bankruptcy
Court approved DIP financing to provide it with funding to
facilitate the Chapter 11 bankruptcy process and the approved sale
process; the Company's ability to satisfy the subsequent conditions
that would allow it to continue to access additional DIP financing
from its lenders; the failure of the potential third party
purchaser of the Company's assets to be satisfied with its due
diligence; the failure of the Company and its subsidiaries to reach
and execute a mutually satisfactory definitive purchase and sale
agreement with the potential third party purchaser or consummate
the transaction at all or on the terms set forth in the letter of
intent; the failure to satisfy all of the conditions to complete
the sale of the Company's assets to the third party, some of which
are set forth in this press release; the level and extent of
effectiveness of certain cost cutting measures by the Company
implemented or required to be implemented and the impact of those
cost cutting measures on the ability of the Company to operate
while it attempts to complete a sale of its assets; the Company's
ability to preserve the value of its assets while it attempts to
complete a sale of its assets; the failure of the Company to better
align the Company's expenses with its current operating
environment; the Company's failure to obtain competing bids from
third parties for the purchase of its assets in order to obtain the
best possible price in the sale process; the Company's failure to
find purchasers of its assets that will continue to be financially
sound and in a stronger position than the Company to employ its
employees on an on-going basis; further and continuing
deterioration in the Company's relationships with existing
suppliers and customers; additional losses of suppliers and
customers; the continuing and increasing slowdown in sales or that
slowdown being greater than the Company expects; the closing of
additional sales offices and/or other facilities; further voluntary
or involuntary reductions of the Company's workforce; and other
uncertainties, risks and factors, including those described in the
Company's reports on Forms 10-K, Forms 10-Q, Forms 8-K and other
press releases. These risks and uncertainties are beyond the
ability of the Company to control. In many cases, the Company
cannot predict the risks and uncertainties that could cause actual
results to differ materially from those indicated by the forward-
looking statements. The Company undertakes no obligation to update
publicly or revise any forward-looking statements, business risks
and/or uncertainties. DATASOURCE: All American Semiconductor, Inc.
CONTACT: Maria Leonhauser, +1-313-567-5080, +1-313-377-5869,
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