Click Here for a copy of the Confirmation Order, Fourth Amended Plan of Reorganization of Exide Technologies, Plan Supplements, and the Second Amended Disclosure Statement with Respect to the Plan of Reorganization of Exide Technologies.

Important Dates

Voting Deadline March 11, 2015 at 4:00 p.m.
(prevailing Eastern Time)
Deadline to Object to Confirmation of the Plan March 11, 2015 at 4:00 p.m.
(prevailing Eastern Time)
Confirmation Hearing March 27, 2015 at 10:00 a.m.
(prevailing Eastern Time)

Recent Developments

On March 27, 2015, the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") entered the Findings of Fact, Conclusions of Law and Order Confirming Fourth Amended Plan of Reorganization of Exide Technologies (Docket No. 3423), confirming the Fourth Amended Plan of Reorganization of Exide Technologies (the “Plan”).

On February 4, 2015, the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") entered an Order (A) Approving the Adequacy of the Debtor's Disclosure Statement with Respect to the Plan of Reorganization of Exide Technologies; (B) Approving Solicitation and Notice Procedures with Respect to Confirmation of the Debtor's Proposed Plan of Reorganization; (C) Approving the Form of Various Ballots and Notices in Connection Therewith; and (D) Scheduling Certain Dates with Respect Thereto (Docket No. 3092) (the "Disclosure Statement and Solicitation Procedures Order"). The Disclosure Statement and Solicitation Procedures Order, among other things, (a) approved the adequacy of the Second Amended Disclosure Statement With Respect to the Second Amended Plan of Reorganization of Exide Technologies (Docket No. 3095) (the "Disclosure Statement") and (b) authorized Exide to solicit acceptances or rejections of the Fourth Amended Plan of Reorganization of Exide Technologies (the “Plan”).

Pursuant to the Disclosure Statement and Solicitation Procedures Order, Exide conducted solicitation of votes to accept (or reject) the Plan. The voting deadline for holders of claims in Voting Classes (as defined in the Disclosure Statement and Solicitation Procedures Order) to accept or reject the Plan expired on March 11, 2015. In the case of Senior Notes Claims, the master ballot deadline for DTC Participating Nominees for the beneficial holders of Senior Notes Claims expired on March 16, 2015 (as such terms are defined in the Disclosure Statement and Solicitation Procedures Order).

Exide also recently completed a Rights Offering as set forth in the Order Approving Certain Rights Offering and Distribution Procedures and Forms in Connection Therewith (Docket No. 3088) (the "Rights Offering Order"). Pursuant to the Rights Offering Order and the Plan, Exide proposed to effectuate an offering of (a) rights to purchase second lien convertible notes, and (b) rights to purchase the consideration that would otherwise be distributed to Holders of DIP Term Loan Claims, to Holders of 8.625% Senior Secured Notes due 2018 that were Eligible Holders (as such terms are defined in the Rights Offering Procedures attached to the Rights Offering Order).

Additional Background

On June 10, 2013, Exide filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the Bankruptcy Court. Exide's Chapter 11 case was assigned to the Honorable Kevin J. Carey under Case No. 13-11482.

On June 18, 2013, the United States Trustee for the District of Delaware appointed an official committee of unsecured creditors pursuant to section 1102 of the Bankruptcy Code.

On September 13, 2013, the Bankruptcy Court entered an order (the "Bar Date Order") establishing October 31, 2013, at 5:00 p.m. (prevailing Eastern Time) as the deadline to file general proofs of claim and requests for payment under Bankruptcy Code Section 503(b)(9) against the Debtor, and December 9, 2013, at 5:00 p.m. (prevailing Eastern Time) as the deadline to file governmental proofs of claim. A copy of the Bar Date Order is available by clicking here. For more information and to review a copy of the Bar Date Notice and Proof of Claim, see the "Bar Date Information/Proof of Claim Form" tab on the left side of this page.

On October 24, 2013, the Bankruptcy Court entered a supplemental order (the "Supplemental Vernon Bar Date Order") establishing January 31, 2014, at 5:00 p.m. (prevailing Eastern Time) as the deadline to file proofs of claim solely with respect to personal injury claims relating to the Debtor's secondary lead recycling facility in Vernon, California (the "Vernon California Facility"). A copy of the Supplemental Vernon Bar Date Order can be viewed by clicking here. For more information, please see the "Bar Date Information/Proof of Claim Form" tab.

On January 7, 2015, Exide and certain of its creditors entered into a Second Amended and Restated Plan Support Agreement, setting forth March 31, 2015 as the deadline for the plan to go "effective". On February 4, 2015, the Court entered the Order Authorizing and Approving the Debtor's: (I) Entry into a Plan Support Agreement and (II) (A) Entry into a Backstop Commitment Agreement, (B) Payment of Related Fees and Expenses, and (C) Incurrence of Certain Indemnification Obligations (Docket No. 3087). The Second Amended and Restated Plan Support Agreement provides the Debtor with support for the Plan from holders of a majority of the principal amount of Exide's senior secured notes. Moreover, certain of those holders, through the Court-approved Backstop Commitment Agreement, have committed to backstop $160 million of second lien convertible notes to be offered pursuant to an up to $175 million Rights Offering. A copy of the Plan Support Agreement is available here. A copy of the Backstop Commitment Agreement is available here.

On February 4, 2015, the Bankruptcy Court also entered the Order Under Bankruptcy Code Sections 105 and 363 and Bankruptcy Rule 9019 Authorizing and Approving the Debtor's Entry into Settlement Agreement with the Official Committee of Unsecured Creditors and Consenting Creditors of the Unofficial Noteholders' Committee (Docket No. 3093) (the "Settlement Approval Order"), which approved a tripartite global settlement agreement between the Debtor, the official committee of unsecured creditors (the "Creditors' Committee"), and certain members of the unofficial committee of senior secured noteholders (the "UNC"). The settlement term sheet describing the settlement is attached as Exhibit 1 to the Settlement Approval Order. Under the settlement, the Creditors' Committee agreed, among other things, to affirmatively support confirmation of the Plan. A copy of the Creditors' Committee's letter in support of the Plan can be found here.

On March 27, 2015, the Court also entered the Order Approving Debtor’s Motion for an Order under Bankruptcy Code Sections 105 and 363 Authorizing the Debtor to Close the Vernon Facility (Docket No. 3418).

Please continue to visit this website from time to time for updates on this Chapter 11 Case. Please note that neither the Clerk of the Bankruptcy Court nor Garden City Group, LLC, the notice and claims agent, is permitted to give legal advice.