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Spyker files for bankruptcy protection

Old 12-02-14, 10:58 AM
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Default Spyker files for bankruptcy protection


SPYKER N.V. FILES FOR VOLUNTARY FINANCIAL RESTRUCTURING

Zeewolde, the Netherlands, 2 December 2014. Spyker N.V., together with its wholly owned subsidiary Spyker Automobielen B.V. (collectively "Spyker" or the "Company"), today filed a voluntary petition for financial restructuring in an effort to address certain short-term operational and liquidity challenges. The District Court of Midden-Nederland in Lelystad, the Netherlands (the "Court") granted Spyker's voluntary petition for temporary moratorium of payment ("surseance van betaling"), the Dutch equivalent of the American Chapter 11 proceedings, and has appointed an administrator who, together with the Board of Management, bears final responsibility for management of the company as long as the moratorium of payment status is in force. The Court's ruling to grant a temporary moratorium of payment protects the Company from its creditors throughout the duration of the moratorium. The Company's wholly owned subsidiary Spyker Events & Branding B.V. entered temporary moratorium of payment a month ago.

The Company's key operations are expected to continue throughout the temporary moratorium while it executes its reorganisation plan to resolve its temporary operational and liquidity issues.

"Over the past few years, Spyker has faced a number of serious difficulties and challenges resulting from, among others, the legacy of the F1 era and the acquisition of Saab Automobile AB. Our Management and Board have been working very hard in the last 12 months on a restructuring plan that includes the execution of Spyker's B6 Venator programme, an entry-level luxury sports car which will give a larger audience access to the Spyker brand, and the merger with a US based manufacturer of high performance electric aircraft, the exciting new sustainable technology of which will find its way into future Spyker automobiles" said Victor R. Muller, Spyker founder and Chief Executive Officer. "After careful consideration of all available alternatives, the Company's Directors and Management Boards determined that a voluntary petition for temporary moratorium of payment was a necessary and prudent step and the best way to secure and use the financing necessary to maintain operations and allow for a successful restructuring of the Company. We expect to emerge from this restructuring a stronger, more innovative company that is well positioned for growth and profitability. We are proud of the consistent high quality of our automobiles and our valued customer and partner relationships."

In conjunction with the voluntary petition, the Company is in the process of securing a loan facility arranged by independent financiers which intends to provide an immediate source of funds to the Company, enabling it to satisfy the customary obligations associated with the daily operation of its business, including the timely payment of employee wages and other obligations.

The temporary moratorium of payment and following settlement with creditors is the next step in Spyker's restructuring process. During the temporary moratorium of payment, suppliers should expect to be paid for post-petition purchases of goods and services in the ordinary course of business.

"On behalf of the entire management team, I would like to thank our customers, dealers and suppliers for their continued support during this process. I also want to recognise our dedicated employees, whose continued support and commitment are crucial to the future success of our company. We are all dedicated to making this financial restructuring a success. Since 2000, the year we were established, we have always lived by our company's axiom "Nulla Tenaci In Via Est Via" ( Latin for "For the tenacious no road is impassible" ) and we will most certainly continue to do so" Victor R.Muller concluded.

Additional information about the restructuring is available at the Company's website. For access to Court documents and other general information about the temporary moratorium of payment, please visit http://spykercars.com/company/corporate-news.

A temporary moratorium of payment under Dutch law is very similar to the American Chapter 11 procedure and allows a company to continue operating its business and managing its assets in the ordinary course of business. The temporary moratorium has been enacted to encourage and enable a company to continue to operate while restructuring its business, thereby preserving jobs and maximising the recovery for all its stakeholders.
http://www.autoblog.com/2014/12/02/s...iling-holland/
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Old 12-03-14, 06:28 AM
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Love how the lawyers and PR folks obfuscate!

"...certain short-term operational and liquidity challenges" - translation "We ain't got no money!"
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Old 12-03-14, 11:42 AM
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Spyker always had some cool interiors and great materials. You can see a lot of 'aircraft' homage in the design
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Old 01-29-15, 06:10 PM
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Default Court vacates Spyker bankruptcy, plans for merger, Venator and electric cars


Gallery:
http://www.autoblog.com/photos/spyke...tor-concept-0/

SPYKER N.V. WINS APPEAL: BANKRUPTCY DECLARED NULL AND VOID WITH RETROSPECTIVE EFFECT.
Back in Moratorium of Payment, Spyker expects to reach an Agreement with its Creditors and exit Moratorium in a Matter of Weeks.

Zeewolde, the Netherlands, January 29th, 2015. Spyker N.V., together with its wholly owned subsidiary Spyker Automobielen B.V. (collectively "Spyker" or the "Company"), today won an appeal filed on December 29th, 2014 with the Appeals Court of Leeuwarden, the Netherlands.Pursuant to the ruling rendered today the decision of the District Court of Midden-Nederland in Lelystad, the Netherlands (the "Court"), declaring Spyker bankrupt on December 18th, 2014, was overturned and the bankruptcy declared null and void with retrospective effect.

This means that by law Spyker was never bankrupt and that the Company has, with immediate effect, returned to the moratorium of payment status, in which it was since the Court granted Spyker that protection on December 2nd, 2014. On that day, Spyker filed a voluntary petition for temporary moratorium of payment ("surseance van betaling"), the Dutch equivalent of the American Chapter 11 procedure, in an effort to address certain short-term operational and liquidity challenges. When expected bridge funding did not arrive timely, the Court appointed administrator who, together with the Board of Management, bears final responsibility for the management of the Company as long as the legal moratorium of payment status is in force, filed a request with the Court to convert the moratorium of payment to bankruptcy.

Fortunately, in the days following the bankruptcy ruling, the bridge funding did come in, which provided a solid foundation for lodging an appeal with the Appeals Court on December 29th,2014.

Victor R. Muller, Spyker's Founder and Chief Executive Officer said: "On December 18th, last, perhaps the blackest day in our 15 year history, I announced that as far as I was concerned, this was not the end and we would live up to our commitment to relentlessly endeavour to resurrect Spyker as soon as practically possible.

But even I could not foresee at the time how quickly and unscathed Spyker would emerge from a situation which usually heralds the end of an era. The Appeals Court's ruling has eradicated the bankruptcy and put Spyker back in "Chapter 11". Since we spent the time between lodging the appeal and today's ruling to reach an agreement with the majority of our creditors, we should see Spyker exit moratorium of payment in a matter of weeks.

Following that exit we will forthwith pursue the execution of our plans which include the introduction of the Spyker B6 Venator, our entry-level luxury sports car which will give a larger audience access to the Spyker brand, and the merger with a US based manufacturer of high performance electric aircraft, the exciting new sustainable and disruptive technologies of which will find their way into full electric Spyker cars in the foreseeable future.

I again wish to express my gratitude to our customers, dealers, suppliers and of course our shareholders, employees and Board. Their loyalty and support was vital to build the brand over the past decade and a half and has now proven invaluable to achieve the overturning of the bankruptcy ruling and subsequent exit from moratorium so we can continue building our business for many decades to come."

Additional information about the restructuring is available at the Company's website. For access to Court documents and other general information about the temporary legal moratorium, please visit http://spykercars.com/company/corporate-news.

A temporary moratorium of payment under Dutch law is very similar to the American Chapter 11 procedure and allows a company to continue operating its business and managing its assets in the ordinary course of business. The temporary moratorium has been enacted to encourage and enable a company to continue to operate while restructuring its business, thereby preserving jobs and maximising the recovery for all its stakeholders.
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