Appaloosa to Seek Expedited Trial to Prevent Injury to TERP Stockholders

Appaloosa LP today disclosed that it has decided to accept the invitation of the Delaware Chancery Court to pursue an expedited trial against SunEdison. On Thursday, February 25, 2016, Delaware Chancellor Bouchard indicated that he “will…grant expedited proceedings for the purpose of holding an expedited trial” and indicated that the closing of the pending merger with Vivint will not prevent Appaloosa from obtaining relief to protect TERP and its stockholders from the injurious effects of the take/pay arrangement between TERP and SunEdison that Appaloosa has challenged. The Court expressly warned litigants not to “underestimat[e] this Court’s power to grant relief in the future if it is warranted” (Tr. 32) and specifically explained that “Goldman [Sachs]…should consider itself on notice of the possibility of relief being granted in [Appaloosa’s] favor at a future date, if it is warranted, after a full record has been developed [at trial]”. (Tr. 33) In connection with the upcoming trial, the Court offered “some guidance for the future course of this case” (Tr. 36), saying that the process used by SunEdison to approve the transaction appeared “inherently suspect” and that it entertained “serious doubts” about that process. (Tr. 36-37). In addition, “troubling” circumstances surrounding one of the Conflicts Committee’s advisors “raise[] serious questions that go to the fairness of the process.” (Tr. 38). In light of the Court’s guidance, Appaloosa believes that an expedited trial is in the best interests of TERP and its stockholders.

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