LION ELECTRIC ANNOUNCES EXPIRY OF COVENANT RELIEF PERIOD AND DEFAULTS UNDER CERTAIN OF ITS SENIOR DEBT INSTRUMENTS
LION ELECTRIC ANNOUNCES EXPIRY OF COVENANT RELIEF PERIOD AND DEFAULTS UNDER CERTAIN OF ITS SENIOR DEBT INSTRUMENTS
- Company to initiate restructuring proceedings under the CCAA
- 公司将根据《加拿大公司法》启动重组程序
MONTREAL, Dec. 17, 2024 /PRNewswire/ - The Lion Electric Company (NYSE: LEV) (TSX: LEV) ("Lion" or the "Company"), a leading manufacturer of all-electric medium and heavy-duty urban vehicles, announced today the expiry of the previously announced covenant relief period under its senior revolving credit agreement entered into with a syndicate of lenders represented by National Bank of Canada, as administrative agent and collateral agent, and including Bank of Montreal and Federation des Caisses Desjardins du Québec (the "Revolving Credit Agreement"), as well as the maturity of the Company's loan agreement entered into with Finalta Capital Fund, L.P., as lender and administrative agent, and Caisse de dépôt et placement du Quebec (through one of its subsidiaries), as lender (the "Finalta CDPQ Loan Agreement").
蒙特利尔,2024年12月17日 /PRNewswire/ - 狮子电动公司(纽交所:LEV)(TSX:LEV)("狮子"或"公司"),一家领先的全电动中型和重型城市车辆制造商,今天宣布其与一个由加拿大国家银行作为行政代理和担保代理,包含蒙特利尔银行和魁北克省德加尔商业联合会的借款人联盟签订的高级循环信贷协议下之前宣布的契约宽限期已到期,以及与Finalta Capital Fund, L.P.签订的贷款协议(作为贷方和行政代理)及魁北克存款和投资基金(通过其子公司之一)作为贷方的到期("Finalta CDPQ贷款协议")。
The Company had previously announced on December 1, 2024 amendments to the Revolving Credit Agreement and the Finalta CDPQ Loan Agreement in order to extend the covenant relief period and the maturity date of the Finalta CDPQ Loan Agreement to December 16, 2024, which provided the Company with additional time to continue to actively evaluate potential alternatives relating to a restructuring of its obligations, a sale of the business or certain of its assets, strategic investments and/or any other alternatives. As no such alternatives have materialized and no further amendments, concessions or waivers have been obtained, the expiry of the covenant relief period and re-introduction of the financial covenants previously applicable under the Revolving Credit Agreement as well as the maturity of the Finalta CDPQ Loan Agreement on December 16, 2024 result in the Company being in default pursuant to the terms of the Revolving Credit Agreement, the Finalta CDPQ Loan Agreement and other debt instruments providing for cross-default or cross acceleration provisions, and in the Company's lenders having the ability to exercise their rights and request immediate repayment of amounts borrowed by the Company.
公司此前于2024年12月1日宣布对循环信贷协议和Finalta CDPQ贷款协议进行修订,以延长契约宽限期和Finalta CDPQ贷款协议的到期日到2024年12月16日,为公司提供更多时间继续积极评估与重组其义务、业务出售或某些资产、战略投资和/或其他替代方案相关的潜在选择。由于没有此类选择实现,也没有进一步的修订、让步或豁免获得,因此契约宽限期的到期及之前适用的财务契约的重新引入,以及Finalta CDPQ贷款协议在2024年12月16日到期,导致公司根据循环信贷协议、Finalta CDPQ贷款协议及其他提供交叉违约或交叉加速条款的债务工具的条款处于违约状态,且公司的贷方有权行使其权利并要求立即偿还公司借款的金额。
As a result of the foregoing, the Company is currently in discussions with its senior lenders to obtain additional funds pursuant to a new debtor-in-possession credit facility and expects to seek creditor protection under the Companies' Creditors Arrangement Act in order to restructure its business and financial affairs and pursue a formal sales and investment solicitation process in respect of the Company's business or assets.
鉴于以上情况,公司目前正与其高级贷方进行讨论,以根据新的债务人持有信贷协议获得额外资金,并预计将在《公司债权人安排法》下寻求债权人保护,以重组其业务和财务事务,并追求针对公司业务或资产的正式销售和投资征求过程。
Trading in the common shares and other listed securities of the Company on the Toronto Stock Exchange ("TSX") and the New York Stock Exchange (the "NYSE") has been halted and it is anticipated that the trading thereof will continue to be halted until a review is undertaken by the TSX and the NYSE regarding the suitability of the Company for listing on the TSX and the NYSE.
公司的普通股和其他在多伦多证券交易所("TSX")和纽约证券交易所("NYSE")上市的证券交易已被暂停,预计在TSX和NYSE对公司在TSX和NYSE上市的适宜性进行审查之前,该交易将继续暂停。
ABOUT LION ELECTRIC
关于狮子电动汽车
Lion Electric is an innovative manufacturer of zero-emission vehicles, including all electric school buses. Lion is a North American leader in electric transportation and designs, builds and assembles many of its vehicles' components, including chassis, battery packs, truck cabins and bus bodies.
Lion Electric 是一家创新的零排放车辆制造商,包括全电动校车。Lion是北美电动运输领域的领导者,设计、制造和组装许多其车辆的元件,包括底盘、电池组、卡车驾驶室和公交车车身。
Always actively seeking new and reliable technologies, Lion vehicles have unique features that are specifically adapted to its users and their everyday needs. Lion believes that transitioning to all-electric vehicles will lead to major improvements in our society, environment and overall quality of life. Lion shares are traded on the New York Stock Exchange and the Toronto Stock Exchange under the symbol LEV.
狮子电动汽车始终积极寻求新的可靠技术,狮子车辆具有特别适应用户及其日常需求的独特功能。狮子相信,转向所有电动车辆将带来我们社会、环境和整体生活质量的重大改善。狮子股票在纽约证券交易所和多伦多证券交易所以标的LEV交易。
CAUTION REGARDING FORWARD-LOOKING STATEMENTS
关于前瞻性声明的警告
This press release contains "forward-looking information" and "forward-looking statements" within the meaning of applicable securities laws and within the meaning of the United States Private Securities Litigation Reform Act of 1995 (collectively, "forward-looking statements"), including statements regarding the Company's discussions with its senior lenders, a new debtor-in-possession credit facility, the Company's expectations that it will seek creditor protection under the Companies' Creditors Arrangement Act, trading in the Company's common shares and other listed securities, statements about Lion's beliefs and expectations and other statements that are not statements of historical facts. Forward-looking statements may be identified by the use of words such as "believe," "may," "will," "continue," "anticipate," "intend," "expect," "should," "would," "could," "plan," "project," "potential," "seem," "seek," "future," "target" or other similar expressions and any other statements that predict or indicate future events or trends or that are not statements of historical matters, although not all forward-looking statements may contain such identifying words. The forward-looking statements contained in this press release are based on a number of estimates and assumptions that Lion believes are reasonable when made. Such estimates and assumptions are made by Lion in light of the experience of management and their perception of historical trends, current conditions and expected future developments, as well as other factors believed to be appropriate and reasonable in the circumstances. However, there can be no assurance that such estimates and assumptions will prove to be correct. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. For additional information on estimates, assumptions, risks and uncertainties underlying certain of the forward-looking statements made in this press release, please consult section 23.0 entitled "Risk Factors" of the Company's annual management's discussion and analysis of financial condition and results of operations (MD&A) for the fiscal year 2023 and in other documents filed with the applicable Canadian regulatory securities authorities and the Securities and Exchange Commission, including the Company's interim MD&As. Many of these risks are beyond Lion's management's ability to control or predict. All forward-looking statements attributable to Lion or persons acting on its behalf are expressly qualified in their entirety by the cautionary statements contained and risk factors identified in the Company's annual MD&A for the fiscal year 2023 and in other documents filed with the applicable Canadian regulatory securities authorities and the Securities and Exchange Commission. Because of these risks, uncertainties and assumptions, readers should not place undue reliance on these forward-looking statements. Furthermore, forward-looking statements speak only as of the date they are made. Except as required under applicable securities laws, Lion undertakes no obligation, and expressly disclaims any duty, to update, revise or review any forward-looking information, whether as a result of new information, future events or otherwise.
本新闻稿包含根据适用证券法和1995年美国私人证券诉讼改革法的含义的"前瞻性信息"和"前瞻性声明"(统称为"前瞻性声明"),包括关于公司与其高级贷方讨论的声明、新的债务人持有信贷设施、公司预计将在《公司债权人安排法》下寻求债权人保护、公司普通股和其他上市证券的交易、有关Lion的信念和预期的声明,以及其他不是历史事实的声明。前瞻性声明可能通过使用"相信"、"可能"、"将"、"继续"、"预期"、"打算"、"期望"、"应该"、"会"、"能够"、"计划"、"项目"、"潜在"、"似乎"、"寻求"、"未来"、"目标"或其他类似表达以及任何其他预测或指示未来事件或趋势的语句来识别,尽管并非所有前瞻性声明都可能包含这样的识别词。本新闻稿中包含的前瞻性声明基于Lion认为合理的若干估计和假设。这些估计和假设是由Lion根据管理层的经验及其对历史趋势、当前条件和预期未来发展的看法,以及其他在这种情况下被认为合适和合理的因素作出的。然而,这些估计和假设是否会被证明是正确的无法保证。由于它们的性质,前瞻性声明涉及的风险和不确定性,因为它们与事件相关,并依赖于未来可能或可能不发生的情况。有关本新闻稿中某些前瞻性声明的估计、假设、风险和不确定性的更多信息,请查阅公司2023财年年报中的"风险因素"(第23.0节)及其他提交给适用加拿大发行监管证券机构和证券交易委员会的文件,包括公司的中期MD&A。许多这些风险超出了Lion管理层的控制或预测能力。所有归因于Lion或代表其行动的人士的前瞻性声明,均以公司2023财年年报中包含的警示声明和识别的风险因素为完整资格。由于这些风险、不确定性和假设,读者不应对这些前瞻性声明过于依赖。此外,前瞻性声明仅在作出日期有效。除非根据适用的证券法要求,Lion不承担更新、修订或审查任何前瞻性信息的义务,并明确拒绝任何职责,无论是因新信息、未来事件还是其他原因。
See section 2.0 of the Company's interim MD&A for the three and nine months ended September 30, 2024 (the "Interim MD&A"), entitled "Basis of Presentation," section 15.0 of the Company's Interim MD&A entitled "Liquidity and Capital Resources," and note 2 of the Company's unaudited condensed interim consolidated financial statements for the three and nine months ended September 30, 2024 which indicate the existence of material uncertainty that may cast significant doubt on the Company's ability to continue as a going concern.
请参阅公司截至2024年9月30日的三个月和九个月的临时MD&A的第2.0节("临时MD&A"),标题为"陈述基础",以及公司临时MD&A的第15.0节,标题为"流动性和资本资源",还有公司截至2024年9月30日的未经审计的简明临时合并基本报表的第2条,这些文件指出了可能导致公司持续经营能力存在重大不确定性的情况。
SOURCE The Lion Electric Co.
消息来源:狮子电动公司。