Replies to post #8495 on Sunedison Inc. (fka SUNEQ)

[Kallie]

Big problem is that company is not in the best shape financially and the debt will follow it

[fishguts85]

We're still talking about the largest solar company in the world right? I mean bankruptcy? Not likely, were in a restructuring period as far as debt is concerned I'm pretty sure they have kilowatt payments coming in on the regular...this is why you have yieldcos to dump assets on and then you like they said...perfectly legal just like the oil and gas companies do. Except those are called limited partnerships.

[keekee]

Stop all the "SUNE Walks" talk. SUNE cannot walk away According to SUNE in its filing in DE Court on February 19, 2016, "If Vivint deal fails, "SunEdison would be subject to a potentially catastrophic lawsuit from Vivint"

It gets even worse. SUNE says it has no defense and that Vivint had wanted to sue SUNE in October 2015:

Per SUNE, Feb 19, 2016: "The July Merger Agreement authorized Vivint to seek injunctive relief to compel specific performance. Ex. 22 §8.11. As early as October 23, 2015, Vivint’s board began preparing for, and threatening, litigation to compel specific performance of the July Merger Agreement. Ex. 5 at 61, 63, 67. Accordingly, non-performance by SunEdison threatened an injunctive proceeding by Vivint against which SunEdison had no persuasive contractual defense "

NOTE: I am long SUNE but I have also started loading VSLR. SUNE cannot avoid this deal so I decided to invest around it.