Elpida Creditors Appeal Court's Approval of Company's Purchase

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Friday, March 29, 2013

Elpida Creditors Appeal Court's Approval of Company's Purchase

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Certain unsecured creditors of Elpida Memory Inc. filed appeals in Tokyo on Friday, of the Tokyo District Court's February 28 order approving Elpida's plan of reorganization.

Elpida's reorganization plan calls for Micron to sponsor Elpida's reorganization under which Elpida will become a wholly-owned subsidiary of Micron. The Tokyo District Court's approval followed an Elpida creditor vote, concluded on February 26, in which the creditors voted overwhelmingly to approve the reorganization plan.

"Elpida trustees and the court ran a very thorough and competitive sponsor selection process before selecting Micron as the sponsor," said Micron CEO Mark Durcan. "Their decision and plan of reorganization was confirmed by the successful vote of the creditors in February. We are confident the Tokyo District Court's approval of Elpida's reorganization plan will be upheld."

The closing of the transaction remains subject to the satisfaction or waiver of certain conditions -- including finalization of the Tokyo District Court's approval order under Japanese bankruptcy rules and recognition of Elpida's reorganization plan by the United States Bankruptcy Court for the District of Delaware (or the completion or implementation of alternative actions providing a substantially similar effect). Micron estimates the appeal process of the Tokyo District Court's approval order will take approximately three to four months.