All American Semiconductor, Inc. Receives Court Approval of Debtor-in- Possession Financing
22 Mai 2007 - 12:47AM
PR Newswire (US)
The Sales Process Continues MIAMI, May 21 /PRNewswire-FirstCall/ --
All American Semiconductor, Inc. (Pink Sheets: SEMI.PK), a
distributor of semiconductors and other electronic components,
announced today the approval of its debtor in possession financing
by the U.S. Bankruptcy Court for the Southern District of Florida,
Miami Division, on Thursday, May 17, 2007, based on an agreement
reached among All American, Harris N.A., as agent for the lenders,
and the Official Committee of Unsecured Creditors. An order
approving the financing is expected to be entered today. The
Court-approved final DIP financing of up to $25 million is expected
to provide the Company with sufficient liquidity to continue
operations during the Chapter 11 case. The agreement on financing
provides, among other things, that any administrative expense claim
of the DIP lenders will be subordinate to the first $750,000 in
proceeds of unencumbered assets, and the DIP lenders will be
entitled to recover on account of their administrative expense
claims the next $5.5 million of proceeds of unencumbered assets,
and 50% of any such proceeds in excess of $20 million. Under no
circumstances will the DIP lenders receive proceeds of any
avoidance actions. The creditors committee also agreed to withdraw
its motion to convert the case to chapter 7 or to appoint a chapter
11 trustee and to withdraw with prejudice its appeal of the Court's
order authorizing sale and bidding procedures for the sale of
substantially all of All American's assets. Based on the
settlement, All American is continuing with all pre-sale activity,
moving toward sale and closing dates previously approved by the
Court. "I am very pleased that a mutually acceptable agreement was
reached among our company, our lenders and the creditors
committee," said Bruce Goldberg, President and CEO of All American.
"We may now proceed with the sale process previously approved by
the Court." 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 31st 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. 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. "FORWARD-LOOKING"
STATEMENTS DISCLAIMER 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. 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 Company's existing bank group and the extent
to which the Company may be able to continue operations during the
Chapter 11 case using the proceeds thereof, a sale of the Company's
and its subsidiaries' assets, unencumbered assets, 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 competing
bids, or any bid at all, for the purchase of its assets; if the
Company receives one or more bids for the purchase of its assets,
the failure of the price or other terms of such bid(s) to be
acceptable to the Company, the Company's bank group or the
Bankruptcy Court; failure of the Company to otherwise obtain
Bankruptcy Court approval of any sale of its assets or any other
transactions or activities involving the Company; the ultimate
determination of which of the Company's assets are unencumbered by
the existing bank group's pre-bankruptcy lien; 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 inability to satisfy the subsequent conditions that would
allow it to continue to access additional DIP financing from its
lenders; 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 Company's failure to find one or more 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; further
voluntary or involuntary reductions of the Company's workforce; and
other uncertainties, risks and factors, including those described
in the Company's prior SEC reports and filings 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 for All American Semiconductor, Inc.,
+1-313-567-5080, or +1-313-377-5869 - mobile,
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