The SunEdison Litigation Trust was formed pursuant to the Second Amended Joint Plan of Reorganization of SunEdison, Inc. and Its Affiliated Debtors (the "Plan") to investigate and, as appropriate, pursue certain claims and causes of action on behalf of holders of Allowed Senior Note Claims, Allowed General Unsecured Claims, and Allowed Second Lien Claims.
On December 29, 2017, the Plan became effective. In accordance with Sections 4.1 and 4.4 of the Plan, holders of Class 1A - 1B Second Lien Claims are to be distributed, among other things, Class B Litigation Trust Interests, and Class 4A - 4E General Unsecured Claims are to be distributed Class A Litigation Trust Interests of the SunEdison Litigation Trust. These Interests will be issued to Claimants upon allowance of their claims, the acceptance of the registration of claims form, and the recording of such claims on the register.
In accordance with Sections 2.3 and 2.5 of the Litigation Trust Agreement, the ownership of Litigation Trust Interests when issued initially shall be represented by the recording of such ownership in an electronic book-entry system maintained by either the Litigation Trust or an agent of the Litigation Trust. A Litigation Trust Beneficiary shall be deemed the “holder of record” of the Litigation Trust Interest(s) recorded in its name for purposes of all applicable United States federal and state laws, rules and regulations. The Litigation Trustee shall, upon the written request of a holder of a Litigation Trust Interest, provide reasonably adequate documentary evidence of such holder’s Litigation Trust Interest, as indicated in the Book Entry System. The expense of providing such documentation shall be borne by the requesting holder.
All eligible entities must follow specified registration procedures in order to receive their pro rata share of Litigation Trust Interests. Instructions and registration forms may be accessed on the “Litigation Trust Documents” portion of this site or by following this Link.
Please click below links to view documents related to the SunEdison Litigation Trust:
For questions regarding the SunEdison Litigation Trust, please contact:
GUC/Litigation Trust Trustee
c/o Alan Carr, Tim Daileader and Ivona Smith
630 Third Avenue, 21st Floor
New York, NY 10017
Litigation Trust Interest Transfer Procedures
The Litigation Trust Agreement governing the SunEdison Litigation Trust generally authorizes the transfer of Litigation Trust Interests (the "Interests"). All prospective transferors and transferees of Interests must complete the Transfer Notice and return it to the GUC/Litigation Litigation Trustee at SunEdison@drivetrainadvisors.com in order for any transfer of Interests to be recorded.
Please further note that, in accordance with Section 2.4 of the Litigation Trust Agreement, the Litigation Trustee need not recognize any transfer of Interests which (i) would constitute a violation of applicable laws, or (ii) would cause the Litigation Trust to be required to register the Interests under, and/or to become subject to the registration and reporting requirements of the Securities Exchange Act of 1934, as amended, or the Investment Company Act of 1940, as amended.
Holders of Interests should review Section 2.5 of the Litigation Trust Agreement and consult with their advisors to understand in greater detail other transfer requirements and restrictions that may affect the transferability of the Interests.
Please be advised that this Website (the “Website”) has been established and is being independently maintained and operated by the GUC/Litigation Trustee and its counsel, and is not sanctioned by SunEdison, the Bankruptcy Court, or the District Court. Although the Litigation Trustee and its counsel have taken all reasonable efforts to ensure the accuracy of the information contained on this Website, the Website does not contain or comprise the official or complete records of the Bankruptcy Court or the District Court.
In addition, the GUC/Litigation Trustee and its counsel do not warranty the accuracy, completeness, or timeliness of the information provided on this Website, and do not undertake any obligation to update, modify, revise or re-categorize the information provided on this Website. The GUC/Litigation Trustee and its counsel shall not be liable for any loss or injury arising out of or caused in whole or in part the acts, errors or omissions of any person, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the information contained on this Website.
This Website should not be relied upon as a substitute for financial, legal or other professional advice. The GUC/Litigation Trustee and its counsel cannot provide financial, legal or other professional advice to any person relating to the Litigation Trust. Because the financial and legal consequences of holding an interest in the Litigation Trust or related distributions are complex, you should not act or rely on any information contained in or referenced by this Website without seeking the advice of a qualified professional.
GUC/Litigation Trust Trustee
410 Park Avenue, Suite 900
New York, NY 10022