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From Silicon Valley to Main Street, firms say SunEdison owes money

Published 04/04/2016, 02:39 PM
© Reuters. File photo of solar panels of local mining company CAP seen in the Atacama Desert

By Nichola Groom

LOS ANGELES (Reuters) - Businesses ranging from Silicon Valley venture capitalists to a small Massachusetts solar installer say they are owed money by SunEdison Inc, underscoring the breadth of a breakneck expansion seen contributing to the solar and wind energy company's financial woes.

Two dozen legal claims have been made since the beginning of the year against SunEdison and its executives, mainly from shareholders who claim the company misled them about its financial position, a review of cases on Westlaw showed.

None of the lawsuits reviewed have yet been adjudicated, nor have the claims been validated. Most are too recent for SunEdison to have filed a response to, and the company did not respond to requests for comment.

SunEdison also faces a major lawsuit from solar installer Vivint Solar Inc for failing to complete its $1.9 billion acquisition of the company. In its annual filing in March last year it disclosed only two significant lawsuits.

Roughly half a dozen suits filed since February for breach of contract claims from partners and suppliers offer a window into the reach of SunEdison. In just a few years, the maker of silicon "wafers" for solar cells has transformed itself into the world's fastest growing renewable energy developer, taking on projects as small as a family home or as big as a desert solar array.

SunEdison's shares have fallen about 98 percent over the past 12 months. It faces a cash crunch, a $12 billion debt pile, and scrutiny from U.S. regulators over a failed deal, among other issues. .

Clients big and small are seeking payments. Western, Massachusetts based Valley Home Improvement Inc says it is owed $37,000 for installing solar panels on two homes, while temporary staffing firm Aerotek Inc on Friday alleged SunEdison failed to pay more than $1 million at projects in Colorado, California and elsewhere.

And Silicon Valley green energy investor Vinod Khosla's firm, Khosla Ventures, and venture capital firm Sigma Partners and Fortis Advisors sued SunEdison in March for allegedly stopping payments for its 2013 acquisition of solar heating startup EchoFirst Inc.

Khosla and partners say SunEdison owes $6 million on the $27.5 million deal.

© Reuters. File photo of solar panels of local mining company CAP seen in the Atacama Desert

    Suppliers are also lining up, particularly those that provided materials to the Pasadena, Texas polysilicon plant that SunEdison in February said it would close.

    ECKA Granules of America LLC, which makes aluminum powder used to make solar cells in March claimed $1.4 million. It said SunEdison has not returned two railcars used to deliver powder.

Suppliers want to collect as much as possible before bankruptcy, said attorney Antonoff. They are "being proactive in taking action now to collect rather than waiting around to see what SunEdison does,” he said.

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