Basin Water Signs Sale Agreement, Files Chapter 11

Basin Water, Inc. signed an asset purchase agreement to sell substantially all of its assets to Amplio Filtration Holdings, Inc., a Delaware corporation and an affiliate of the Amplio Group, an international operator and investor in renewable energy and liquid filtration businesses.

In order to facilitate the sale process, Basin Water has filed a voluntary petition for relief under Chapter 11 of the U.S. Bankruptcy Code.

Basin Water anticipates that the Chapter 11 filing will allow it to complete the sale under Section 363 of Chapter 11 of the Bankruptcy Code to Amplio Filtration Holdings, Inc. or to another buyer who is determined by the Bankruptcy Court to have offered a higher and better bid for the assets of the company. Basin Water expects that the sale will close in the third quarter of this year.

During this process, the company expects to continue normal business operations consistent with its obligations as a Chapter 11 debtor-in-possession under the jurisdiction of the Bankruptcy Court. Basin Water expects to continue to sell, design and build custom water and air treatment solutions and provide uninterrupted customer service to those customers with whom it has water service agreements. The company will continue paying suppliers for goods and services provided after the bankruptcy filing date and, subject to approval by the Bankruptcy Court, the company will pay all wages and benefits for active employees without interruption.

According to Michael M. Stark, president and chief executive officer of Basin Water, the Chapter 11 process will allow the company to continue providing its pay-for-performance environmental solutions to its customers in municipal and industrial markets while the business completes a structured sale of the company’s assets. “We are grateful for the continuing support of our customers, our suppliers, and our alliance partners as we undertake the Chapter 11 sale process. We expect to emerge from this process as a new company in the financial position to continue our mission of providing guaranteed environmental solutions on a pay-for-performance basis and achieving low lifecycle costs in meeting our customers’ needs,” he added.

Under the Asset Purchase Agreement, Amplio Filtration Holdings, Inc. would purchase substantially all of the company’s assets and assume certain obligations associated with the purchased assets through a supervised sale. The purchase price is $2,000,000 but is subject to higher and better bids, approval of the Bankruptcy Court and customary closing conditions.

The Chapter 11 filing by the company was made July 16 in the U. S. Bankruptcy Court for the District of Delaware, in Wilmington, Del.

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