ARTICLE
13 September 2011

Solar Company Bankruptcy Could Cause Concern For Lenders And Investors

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Mayer Brown

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Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
The recent bankruptcy filing by California-based solar manufacturer, Solyndra, should be causing concern among both lenders and investors in the developing solar industry.
United States Energy and Natural Resources
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Originally published on September 8, 2011.

Keywords: solar, manufacturer, Solyndra, restructurings, lenders, investors,

The recent bankruptcy filing by California-based solar manufacturer, Solyndra, should be causing concern among both lenders and investors in the developing solar industry. Solyndra received a Department of Energy (DOE) clean energy loan guarantee in September 2009 and earlier this week filed for Chapter 11, citing slowing demand and stiff competition from China as some of the reasons for its decision to cease operations.

In the last month alone, a total of three US solar panel manufacturers closed their facilities. Many are predicting Solyndra will not be the only company that received a DOE guarantee to end up in workout or Chapter 11 this year, which means lenders and investors need to ensure they are preparing for what may be complicated restructurings. Intercreditor disputes, governmental and political intransigence, and potential tax subsidy recapture liability may all combine in these cases in ways difficult to foresee.

Learn more about our Energy and Restructuring Bankruptcy & Insolvency practices.

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ARTICLE
13 September 2011

Solar Company Bankruptcy Could Cause Concern For Lenders And Investors

United States Energy and Natural Resources

Contributor

Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
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