Published:
NorthWestern Corporation Reaches Agreement and Files Motion to Approve Settlement of Litigation with Magten Asset Management and Law Debenture Trust Company of New York
SIOUX FALLS, S.D., March 18 /PRNewswire-FirstCall/ -- NorthWestern
Corporation d/b/a NorthWestern Energy (Nasdaq: NWEC) today announced that a
settlement has been reached that would resolve the litigation related to
Magten Asset Management's ("Magten") claims in NorthWestern's Chapter 11
bankruptcy case.
NorthWestern has filed a motion with the U.S. Bankruptcy Court for the
District of Delaware (the "Motion") for an order authorizing and approving a
settlement agreement by and among, inter alia, Northwestern, Magten, Law
Debenture Trust Company of New York ("Law Debenture") and the Plan Committee.
The Motion will be heard along with a separate motion to approve an
agreement with the Plan Committee providing, among other things, for the
reimbursement of certain of NorthWestern's litigation defense costs, at a
hearing scheduled for April 9, 2008. If approved, NorthWestern would receive
a reimbursement of previously incurred legal fees of approximately $3.5
million to $4.0 million.
Under the settlement agreement, if approved, the holders of the QUIPS, and
Magten and Law Debenture, collectively, will receive approximately $23
million. The payment would come from cash principally funded through the sale
of shares of NorthWestern held in the disputed claim reserve established under
NorthWestern's Plan of Reorganization.
It is anticipated that there will be a supplemental distribution from the
disputed claim reserve, as soon as is reasonably practicable after the
approval of the Motion, to all unsecured creditors and debt holders who have
already received an allowed claim distribution of NorthWestern stock or a cash
payment. The amount of the supplemental distribution to each of these
unsecured creditors and debt holders is not presently known.
"We believe this settlement is in the best interest of NorthWestern and
its shareholders as it brings to closure this protracted legal dispute and
resolves the last major claim from the 2003 bankruptcy", said Michael J.
Hanson, President and Chief Executive Officer.
It is anticipated that NorthWestern's bankruptcy case will close by the
end of 2008.
More information on this filing and all proceedings on this matter can be
found at http://www.kccllc.net/northwestern.
About NorthWestern Energy
NorthWestern Energy is one of the largest providers of electricity and
natural gas in the Upper Midwest and Northwest, serving approximately 650,000
customers in Montana, South Dakota and Nebraska. More information on
NorthWestern Energy is available on the Company's Web site at
http://www.northwesternenergy.com.
SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS
This press release contains forward-looking statements within the meaning
of the "safe harbor" provisions of the Private Securities Litigation Reform
Act of 1995". Forward-looking statements often address our expected future
business and financial performance, and often contain words such as "expects,"
"anticipates," "intends," "plans," "believes," "seeks," or "will." These
statements are based upon our current expectations and speak only as of the
date hereof. Our actual future business and financial performance may differ
materially and adversely from those expressed in any forward-looking
statements as a result of various factors and uncertainties, including, but
not limited to:
-- our ability to avoid or mitigate adverse rulings or judgments against
us in our pending litigation;
-- unanticipated changes in availability of trade credit, usage, commodity
prices, fuel supply costs or availability due to higher demand,
shortages, weather conditions, transportation problems or other
developments;
-- unscheduled generation outages or forced reductions in output,
maintenance or repairs;
-- adverse changes in general economic and competitive conditions in our
service territories; and
-- potential additional adverse federal, state, or local legislation or
regulation or adverse determinations by regulators.
Our Annual Report on Form 10-K, recent and forthcoming Quarterly Reports
on Form 10-Q, recent Current Reports on Form 8-K and other Securities and
Exchange Commission filings discuss some of the important risk factors that
may affect our business, results of operations and financial condition.
We undertake no obligation to publicly update or revise any forward-
looking statements, whether as a result of new information, future events or
otherwise.
SOURCE NorthWestern Corporation
Copyright © 2009, PRNewswire
Copyright © 2009, NewsBlaze,
Daily News
Tags: ,OIL,UTI,LAW,SD-NorthWesternSettle