In reaction to yesterday’s negative press about an appointment being made at bankruptcy court, NEVS managed to convince the petitioner to withdraw his claim. That’s good news.
NEVS’s anaemic PR division followed this up with a press release:
Nevs hereby clarify that the company is not insolvent. The company does not have enough liquid cash as today to pay all outstanding debt but Nevs’ assets are larger than its debt. Nevs today cannot say exactly when, but Nevs’ suppliers will get paid.
During the summer, the dialogues with the two major vehicle manufacturers have continued and developed in a positive direction. It is a thorough evaluation process that is still ongoing, and the discussions have not been finalized yet.
After the funding is secured, and that Nevs business plan is updated together with its new partners, Nevs will be able to make the decision on when the Trollhattan factory can resume its production.
The company whose representative filed a bankruptcy petition has informed Nevs today that they will withdraw the case after the information they have got regarding the ongoing dialogues.
A few quick thoughts on this:
“Nevs hereby clarify that the company is not insolvent” being followed by the words “The company does not have enough liquid cash as today to pay all outstanding debt….” is more than a little strange. It changes marginally from place to place, but in general terms, insolvency is where your debts outweigh your capacity to repay them as they fall due. It requires liquidity, not promises or claims about total assets. NEVS may claim solvency in this press release but such a claim has to stand up in court if/when they’re pressed to prove it.
Here’s a question someone in Sweden should be asking – Why doesn’t NEVS protect itself from creditors by going into Reorganisation, as Saab/SWAN did more than once a few years ago?
“Reorg”, you might remember, is the rough Swedish equivalent of a Chapter 7 11 bankruptcy in the US or ‘Voluntary Administration’ here in Australia, where the company gets some protection from creditors and can reorganise its business in order to maintain solvency and become profitable. The answer, I believe, is that if you go into Reorg you’ve got to prove to the court that you have a realistic chance of coming out of Reorg and trading successfully. NEVS’s ability to prove that would be severely limited because right now, they don’t have a finished product to sell nor a distribution network to sell that product into.
Consequently, I’ll take a stab and say that NEVS quite possibly exists right now only because of the good graces of its creditors. KJJ has already liquidated plenty of assets in China and elsewhere to keep the doors open this long and his capacity to keep doing this must be limited at this point.
And another question, on a slightly different matter….. Unless there’s going to be a three-party effort going on here – NEVS, DongFeng and Mahindra all working together – why is NEVS still in discussion with two potential partners?
This has been going on for months now and it will likely go on for many, many months more if NEVS still hasn’t got past the point of isolating one partner to deal with (if indeed one partner is the intended goal). If I were a creditor, I’d want a little more information as to exactly where things are at. I’d want a more realistic timeframe as to when I was going to get paid. If the goal is to secure a single partner/buyer/investor and NEVS is still sorting out who that might be, then I wouldn’t be planning on recovering my debt any time soon. Maybe the creditors have got that info from NEVS, but to the general market it looks like very little is happening in the way of progress – again, this is down to the anaemic PR department at NEVS.
We continue to wait and see.
