Lordstown Motors: Foxconn investment deal doubtful in spite of surviving stock delisting threat
Lordstown Motors is no longer under the threat of being delisted from NASDAQ, but the company says its plans to produce the all-electric Endurance pickup truck may still be in jeopardy.
In a document filed with the Security and Exchange Commission on Friday, Lordstown Motors announced that the price of its stock is now above the minimum required $1 per share price and the threat of being removed from Nasdaq has subsided.
The price of Lordstown’s RIDE stock, which had fallen below the $1 minimum for more than 30 consecutive days, has been boosted above the minimum by initiating a reverse stock split late last month.
Although the delisting threat has passed, the SEC filing from Lordstown Motors does not believe that Foxconn will go through with a previously announced deal to purchase 10% of Lordstown Motor’s stock, which would bring a needed $47.3 million investment.
Lordstown Motors says it disagrees with Foxconn’s contention that Nasdaq’s delisting notice on April 19 violated terms of the investment agreement between the two.
Lordstown Motors said it received a letter earlier this week in which Foxconn stated that the Investment Agreement would not allow for the adjustment of the number of shares to be purchased on account of the Company’s recent reverse stock split.
According to the SEC filing, Lordstown Motors rejects Foxconn’s interpretation of the agreement that would give Foxconn the right to purchase a windfall of over 60% of the Company’s Class A common stock for $47.3 million.
“In light of Foxconn’s conduct, the Company believes that it is unlikely that Foxconn will complete the Subsequent Common Closing,” Lordstown Motors tells the SEC, and further threatens to take the dispute before a court if no settlement is reached to avoid “irreparable harm”.
Reiterating its doubts about being able to “continue as a going concern” without additional funding, Lordstown Motors again raised the possibility of filing bankruptcy.
“If we file for bankruptcy protection, our ability to develop and execute our business plan, continue as a going concern, and generate value for stakeholders, if any, will be subject to the risks and uncertainties associated with bankruptcy proceedings,” Lordstown Motors asserts in the filing.