Asyst Technologies, Inc. (Nasdaq:ASYT), a leading provider of integrated
automation solutions that enhance semiconductor and flat panel display
manufacturing productivity, announced that it expects to file today a
voluntary petition under Chapter 11 of the U.S. Bankruptcy Code. The
company’s Japanese subsidiaries, Asyst Technologies Japan Holdings
Company, Inc. and Asyst Technologies Japan, Inc., earlier today entered
into related voluntary proceedings under Japan’s Corporate
Reorganization Law (Kaisha Kosei Ho).
As a result of the global economic recession, demand for semiconductor
manufacturing equipment has declined dramatically. Over the past several
months, the company has undertaken significant efforts to reduce its
expense structure and working capital requirements in response to these
unprecedented conditions. These efforts have included significant
decreases in non-labor expenses, work force reductions, executive salary
cuts, reductions in benefits, and mandatory time off. As a result, the
company has significantly reduced its cash breakeven level. The company
also has been exploring strategic alternatives, including a sale of the
company and/or significant asset sales, which would maximize value on
behalf of all of the company’s stakeholders. However, recent delays in
customer projects and related cash collections, a constriction in
available borrowing from lenders, acceleration of vendor payment
obligations, and inability to generate sufficient cash flow or identify
new sources of liquidity have caused the company to seek bankruptcy
protection in order to be better able to manage its operations through a
restructuring process.
Through its Chapter 11 case, the company intends to effectuate a
disposition of its assets or other strategic alternative that will
maximize value for all constituencies. The company expects to continue
essential operations, including product support, service and warranty
programs, during this process. Importantly, the parallel bankruptcy
proceedings in the U.S. and Japan will permit the company to preserve
the going concern value of its assets in order to minimize any impact or
disruption to the company’s continued ability to develop, maintain, and
service its intellectual property.
The initiation of these proceedings in the United States and Japan are
events of default under Asyst’s senior secured term and revolving credit
agreement with KeyBank National Association, as lead manager and
administrative agent, and under lines of credit from Japanese banks
previously available to our subsidiaries in Japan, as well as other
agreements to which Asyst and subsidiary entities are a party. These
defaults automatically accelerated the outstanding indebtedness under
the term loan and revolving credit agreements and lines of credit.
The company is seeking Court approval of a stipulation with KeyBank
National Association, agent for the company’s lenders under its
principal credit facility, permitting the company’s use of cash
collateral during its bankruptcy case. The company is also evaluating
sources of debtor-in-possession financing to provide additional
liquidity during the Chapter 11 process.
Forward Looking Statements
Except for statements of historical fact, the statements in this release
are forward-looking. Forward-looking statements include information
concerning our Chapter 11 filing, prospects for restructuring our debt,
reorganizing or continuing our business, and fulfilling our contractual
obligations, and the financial and other goals of our headcount
reductions. All forward-looking statements are subject to a number of
risks and uncertainties that could cause actual results to differ
materially from the statements made.
The risks and uncertainties related to the reorganization proceedings in
Japan and Chapter 11 filing in the United States include risks that:
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these proceedings could have a material negative impact on our global
business, results of operations, financial condition, cash management
capability, and relationships with employees, customers, suppliers,
and contract manufacturers;
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we may not be able to obtain initial and subsequent court orders on
desired terms, including our ability to use available cash to meet
essential ongoing obligations; we may not have sufficient cash to fund
our operations and may not be able to obtain additional financing on
desired terms or court approvals required for such financing, if any,
that may be available; a court having jurisdiction over our operations
may issue orders or otherwise act or omit to act in a manner that
adversely affects our operations; and Asyst may not obtain timely the
requisite approvals of affected creditors or the applicable courts for
our intended restructuring plan, leading to the liquidation of Asyst's
assets;
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Asyst’s common stock will likely have no future value and may be
cancelled in connection with the bankruptcy proceeding;
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the staff of the Nasdaq Stock Market will likely send Asyst a letter
soon after the bankruptcy filing to the effect that our common shares
will be delisted from the NASDAQ Global Market unless we timely
request a hearing and obtain relief from delisting; NASDAQ may suspend
trading in our shares; we may decide not to seek a hearing, which
would lead to a delisting of our shares in the near future; and even
if we do elect a hearing, our efforts to avoid delisting may not be
successful and our shares would then be delisted;
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we may not be able to continue our operations and restructure
successfully during the pendency of the reorganization and bankruptcy
proceedings, which could affect our ability to attract a buyer for the
businesses or assets of the company (or the consideration a buyer
would be willing to pay for the businesses or assets of the company);
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these proceedings and a delisting of our shares from NASDAQ could lead
to reduced information in reports that we file with the SEC during the
proceedings if we obtain "no action” relief from the SEC staff for
that purpose, or, alternatively, could lead to circumstances in which
we are no longer required to file any reports or other documents under
the Securities Exchange Act of 1934;
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the anticipated cost savings related to reductions in force, temporary
furloughing of employees and other measures we have taken or may take
in the future may be insufficient to allow us enough time to achieve
an orderly disposition of our assets or a sale or merger of the
company; and
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the instability of the global economy and an inability to obtain
debtor-in-possession financing in the credit markets may adversely
affect prospects for achieving or sustaining essential operations
during the course of an orderly disposition of our assets or a sale or
merger of the company.
Other risks that may adversely affect our business, results of
operations, financial condition and prospects for restructuring include,
but are not limited to: our ability to achieve forecasted cost
reductions, revenues, margins and profitability; failure to respond to
rapid demand shifts; dependence on a few significant customers; the
timing and scope of decisions by customers to transition and expand
fabrication facilities and investment in fab automation equipment;
ability to maintain or expand market share in our product segments;
ability to improve gross margins through product cost reduction, volume
increases, and supply chain initiatives; continued risks associated with
the acceptance of new products and product capabilities; the volatility
of semiconductor industry cycles and the depth and duration of industry
downturns; the risk that customers will delay, reduce or cancel planned
projects or bookings and thus delay the recognition, amount, or timing
of our forecasted revenue or bookings; competition in the semiconductor
equipment industry and specifically in AMHS; failure to retain and
attract key employees; and other factors more fully detailed in the
company's Annual Report on Forms 10-K and 10-K/A for the year ended
March 31, 2008, and other reports filed with the Securities and Exchange
Commission.
About Asyst
Asyst Technologies, Inc. is a leading provider of integrated automation
solutions that enable semiconductor and flat panel display (FPD)
manufacturers to increase their manufacturing productivity and protect
their investment in materials during the manufacturing process.
Encompassing isolation systems, work-in-process materials management,
substrate-handling robotics, automated transport and loading systems,
and connectivity automation software, Asyst’s modular, interoperable
solutions allow chip and FPD manufacturers, as well as original
equipment manufacturers, to select and employ the value-assured,
hands-off manufacturing capabilities that best suit their needs. Asyst’s
homepage is http://www.asyst.com
"Asyst” is a registered trademark, of Asyst Technologies, Inc.
Copyright
1993-2009, Asyst Technologies, Inc. All Rights Reserved.