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Jim Bishop

04/24/08 11:06 AM

#267 RE: Stock #266

On August 8, 2007, Tripath Technology, Inc. (the "Company") filed a Disclosure Statement and proposed Plan of Reorganization in its voluntary chapter 11 bankruptcy case, Case No. 076-50358, pending in the United States Bankruptcy Court for the Northern District of California, San Jose Division (the "Court"), located at 280 South First Street, San Jose, California. The Disclosure Statement and Plan were filed pursuant to Section 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 1121, et seq.) and a hearing on the Disclosure Statement is scheduled for September 20, 2007. If the Disclosure Statement is approved by the Court, the creditors of the Company will be asked to vote on acceptance of the Plan. Among many other provisions, the proposed Plan provides that all existing shares of stock, including warrants, options and all other forms of equity interest in the Company will be canceled upon the effective date of the Plan, and that equity interest holders will receive nothing in exchange. Complete copies of the filed Disclosure Statement and proposed Plan are available from the Court clerk's office at United States Bankruptcy Court for the Northern District of California, San Jose Division ,280 South First Street, San Jose, California, on line for a fee through PACER at www.canb.uscourts.gov or upon written request for free to Perkins Coie LLP, 1201 Third Avenue, Suite 4000, Seattle, WA 98101, ATTN: Mary Lou Maag, or mlmaag@perkinscoie.com.

http://xml.10kwizard.com/filing_raw.php?repo=tenk&ipage=5106900

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dejavu alloveragain

04/24/08 12:57 PM

#274 RE: Stock #266

11

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Before the effective date of the merger, and since February 8, 2007, Tripath was in a Chapter 11 bankruptcy proceeding in the United States Bankruptcy Court for the Northern District of California, Case No. 07-50358. As a “debtor in possession,” Tripath remained in possession of its assets and properties and continued to operate its business pursuant to Section 1107(a) and 1108 of the Bankruptcy Code. On December 20, 2007, Tripath and Enable Growth Partners LP filed with the bankruptcy court the Third Amended Disclosure Statement Accompanying Third Amended Plan of Reorganization dated December 20, 2007 Proposed by Tripath Technology Inc. and Enable Growth Partners LP, for itself and as agent for the Secured Parties (the “ Plan of Reorganization ”), which contemplated the merger of Etelos with and into Tripath. On February 1, 2008, the bankruptcy court issued an order confirming approval of the Plan of Reorganization, including the merger and the transfer of all of Tripath’s existing assets into a separate bankruptcy estate and the discharge of all of Tripath’s liabilities. As a result of the foregoing, on April •, 2008, Tripath entered into an agreement and plan of merger with Etelos (the “ Merger Agreement ”), pursuant to which Etelos merged with and into Tripath, at which time the separate corporate existence of Etelos ceased and Tripath continued after the merger as the surviving corporation and changed its name to Etelos, Inc. The surviving corporation will conduct the business that was previously conducted by Etelos.