Published: December 22, 2009
ALL Fuels & Energy Seeks Reconsideration of Approval of Bankruptcy Sale of Ethanol Plant
DES MOINES, Iowa - (BUSINESS WIRE) - ALL Fuels & Energy (OTCBB:AFSE) today announced that its subsidiary, ALL
Fuels - Jefferson, LLC, has filed a motion to reconsider the proposed
sale order in the Renew Energy LLC Chapter 11 bankruptcy proceeding
(U.S. Bankruptcy Court, Western District of Wisconsin, Case No.
09-10491). The proposed sale order approves the sale of the Renew
Energy's ethanol plant to Valero Renewable Energy Company for $72
million.
ALL Fuels-Jefferson, LLC was one of four qualified bidders at the
December 11, 2009 auction of the Renew Energy ethanol plant held in
Madison, WI, and managed by William Blair & Company ("Blair" ) and
Bankers' Bank, the lead secured creditor in the bankruptcy proceeding.
During the auction, at approximately 8:45 p.m., Valero submitted a $72
million cash bid as a "conditional" bid, with an expiration time of 9:15
p.m. At 9:01 p.m., a $77 million bid by ALL Fuels-Jefferson, LLC was
announced, based on a discount formula, as a "bid of $72.1 million".
Blair and Bankers' Bank then advised the auction participants that "time
had run out, the auction closed" , and announced that the "best bid is
Valero" , even though Valero's bid was $5 million less than the All
Fuels-Jefferson, LLC bid. At 9:06 p.m., the ALL Fuels-Jefferson, LLC
attempted to enter a substantially higher bid than its previous $77
million bid. ALL Fuels-Jefferson, LLC was not permitted to enter this
bid by Blair and Bankers Bank.
ALL Fuels-Jefferson LLC believes important information regarding the
auction and determination of the winning bid by Blair and Bankers Bank
was not brought to the bankruptcy court's attention at the December 14,
2009, sale confirmation hearing, including the fact that ALL
Fuels-Jefferson ,LLC's bid, announced as a bid of $72.1 million, was in
fact a bid of $77 million to which a discount was applied by Blair and
Bankers Bank. ALL Fuels-Jefferson, LLC's motion to reconsider will
address these important facts. "We are going back to the U.S Bankruptcy
Court in Madison, Wisconsin, with all of the facts of what really
occurred at the auction in the hands of Bankers Bank and William Blair" ,
said Dean Sukowatey, President & CEO, ALL Fuels & Energy.
ALL Fuels-Jefferson, LLC's bid was backed by a $65 million term loan
commitment from Bankers' and equity derived from a consortium of equity
partners, as well as a $55 million corn procurement and risk management
commitment from a significant commodities firm.
About ALL Fuels & Energy Company
Visit the company online at: www.allfuelsandenergy.com.
ALL Fuels & Energy Company is a development-stage ethanol company
organized to operate as an ethanol producer.
Safe Harbor Statement
This press release contains statements that may constitute
forward-looking statements, including the company's ability to
successfully acquire one or more ethanol production facilities. These
statements are based on current expectations and assumptions and involve
a number of uncertainties and risks that could cause actual results to
differ materially from those currently expected. For additional
information about ALL Fuels & Energy's future business and financial
results, refer to ALL Fuels & Energy's Annual Report on Form 10-K for
the year ended December 31, 2008. ALL Fuels & Energy undertakes no
obligation to update any forward-looking statements that may be made
from time to time by or on behalf of the company, whether as a result of
new information, future events or otherwise
ALL Fuels & Energy
Dean Sukowatey, 515-331-6509
dean@allfuelsandenergy.com
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