Pashman Stein Walder Hayden P.C. Represents Two Largest Objecting Parties to Lumio Sale
Joseph C. Barsalona II, Henry J. Jaffe, and Alexis R. Gambale, attorneys in Pashman Stein’s Bankruptcy, Restructuring & Creditors’ Rights Practice, were recently mentioned in a Law360 article titled, “Lumio Gets OK For Ch. 11 Asset Sale Amid Objections.” The article discusses how after multiple hearings held this week, U.S. Bankruptcy Judge Kate Stickles approved the asset purchase agreement made between Lumio and Zeo Energy. Lumio Holdings LLC, a residential solar panel provider, received approval from a Delaware bankruptcy court on Friday to sell its assets to Zeo Energy Corp.
Sunnova Energy Corp., Greentech Renewables Ltd., Solar Mosaic and Palmetto Solar LLC were among the major objecting parties to the language. Under the agreement, Zeo Energy will acquire Lumio's assets while providing $4 million in cash, transferring its 6.2 million shares to Lumio's major lender, White Oak Global Advisors LLC, which provided the $8 million debtor-in-possession loan facility.
Zeo will also assume some liabilities, including a $1 million claim by Greentech, outlined in the agreement.
"We would love nothing more than to be paid by the purchase[r], and that is our goal," said Henry J. Jaffe, representing Greentech. Greentech filed a supplemental limited objection on Oct. 30, asking to preserve its rights to assert its claims against Lumio, and they can be enforced against Zeo after the sale closure.
Sunnova was largely concerned that the sale agreement would transfer all assets, including work orders and work in progress related to a channel partner agreement established between the debtor and Sunnova in 2022 that had not be assumed and assigned prior to the closing date.
Sunnova reached an agreement on Friday, which dealt with the assumption and assignment of the channel partner agreement and the waiver of certain claims, according to its co-counsel Latonia Williams.
Sunnova Energy Corp. is represented by Pashman Stein partner Joseph C. Barsalona II and associate Alexis R. Gambale, as well as Latonia C. Williams and Brian G. Remondino of Shipman & Goodwin LLP.
Greentech Renewables is represented by partner Henry J. Jaffe.
To read the full article in Law360, click here.