Legal Proceedings Report • Jun 26, 2017
Legal Proceedings Report
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EAM Solar ASA : Litigation Funding Agreement with Therium
26 June 2017
EAM Solar ASA ("EAM" or "the Company") has entered into a Litigation Funding
Agreement ("LFA") with the international specialist litigation fund Therium
Litigation Funding IC ("Therium"), which is part of the Therium Capital
Management Group.
Following a comprehensive due diligence of the legal and financial claims of
EAM, Therium has decided to invest in the Company's litigation claim against
Aveleos, its directors, Enovos and Avelar.
The LFA secures part of the funding of legal costs of the various legal
processes in Luxembourg, Italy and Switzerland that EAM is conducting in order
to pursue justice and to recover the financial losses inflicted on EAM in
conjunction with the P31 fraud. In addition, EAM has established an underwriting
consortium that will underwrite an equity issue of NOK 30 million (see separate
stock exchange notice).
Therium has committed to invest a maximum amount of up to EUR 2.3 million
divided into three tranches of EUR 775 million for the three years from 2017 to
2019. Therium may choose not to invest more than the first tranche.
The LFA entitles Therium to receive the invested amount plus a contingency fee
of 3X the committed funds under any incepted tranche of funding as a first
priority payment from any litigation claim awarded to the Company, the fee is
expected to be in the range of 5% to 10% of the anticipated claim award. The
litigation funding by Therium is non-recourse and does not constitute a loan for
EAM, and will be booked as revenues and construes a contingent liability in the
event that EAM receives a litigation claim award.
Therium is one of the most established global litigation financing firms,
founded in London and Jersey in 2009, with a presence in London, New York,
Jersey, Spain, Italy, Scandinavia and Germany, and a market-leading track record
of generating superior returns for its investors. In April 2015, Therium secured
USD 300 million to invest in commercial litigation financing, the largest ever
single investment in the litigation-funding sector, globally. Therium Nordic AS
has been active since the spring of 2016 and has been well received by the legal
communities and leading law firms in Oslo, Stockholm and Copenhagen. Therium
Nordic AS has so far funded a number of meritorious claims for Nordic claimants.
For information, please contact:
Viktor E Jakobsen, CEO, phone +47 9161 1009, [email protected]
About EAM Solar: EAM Solar is a utility company that acquires and operates solar
power plants. The Company currently owns solar PV power plants in Italy. The
plants are operating under long-term sales contracts.
This information is subject to the disclosure requirements pursuant to section
5-12 of the Norwegian Securities Trading Act.
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