VIOLIN MEMORY, INC. (OTCMKTS:VMEMQ) Files An 8-K Bankruptcy or Receivership
|Bankruptcy or Receivership.|
As previously reported, on December14, 2016, Violin Memory, Inc.
(the Company) filed a voluntary petition (the Chapter 11 Case) in
the United States Bankruptcy Court for the District of Delaware
(the Bankruptcy Court) seeking relief under the provisions of
Chapter 11 of Title 11 of the United States Code (the Bankruptcy
Code). The Company has been continuing in possession of its
assets and has been managing its business as a debtor in
possession (in such capacity, the Debtor) in accordance with the
applicable provisions of the Bankruptcy Code and the orders of
the Bankruptcy Court. The Chapter 11 Case has been administered
by the Bankruptcy Court under the caption In re Violin Memory,
Inc., Case No.16-12782 (LSS).
On April18, 2017, the Bankruptcy Court entered an order
confirming the Second Amended Plan of Reorganization for Violin
Memory, Inc. (the Plan), a copy of which is attached hereto as
Exhibit 99.1. On April21, 2017, all applicable conditions set
forth in the Plan were satisfied or waived and the effective date
(the Effective Date) of the Plan occurred. The Company filed a
Notice of Effective Date of the Plan with the Bankruptcy Court on
April21, 2017, a copy of which is attached hereto as Exhibit
Upon the occurrence of the Effective Date, the Company emerged
from bankruptcy as a privately-held corporation discharged and
released from all Claims (as defined in the Plan) against or
Interests (as defined in the Plan) in the Debtor arising or
existing prior to the Effective Date, all as set forth in the
In addition, on the Effective Date, all existing equity interests
of the Company were retired, cancelled, extinguished and/or
discharged without consideration in accordance with the terms of
the Plan and the Company, as reorganized, issued 50% of its
equity to Quantum Partners LP or its assignee.
The Company intends to file a Form 15 with the Securities and
Exchange Commission for the purpose of terminating the
registration of its common stock under the Securities Exchange
Act of 1934, as amended (the Exchange Act). Upon filing a Form
15, the Company will cease filing any further periodic or current
reports under the Exchange Act.
Material Modification to Rights of Security
The information set forth in Item 1.03 of this Current Report on
Form 8-K is incorporated herein by reference.
|Item5.01||Changes in Control of Registrant.|
The information relating to the change in control of the Company
set forth in Item 1.03 of this Current Report on Form 8-K is
incorporated herein by reference.
Cautionary Information Regarding Forward-Looking
Certain statements and information included in this Current
Report on Form 8-K
may constitute forward-looking statements that are generally
identifiable through the use of words such as intend, will and
similar expressions and include any statements that are made
regarding financial expectations. The forward-looking statements
speak only as of the date of this Current Report on Form 8-K, and
the Company undertakes no obligation to update or revise such
statements to reflect new information or events as they occur.
These statements are based on a number of assumptions, risks and
uncertainties, many of which are beyond the control of the
Company. Investors are cautioned that any such statements are not
guarantees of future business or financial performance and that
actual future results may differ materially due to a variety of
Information Regarding Trading in the Companys Equity
to the Plan, all
of the Companys existing equity securities were cancelled and
extinguished upon the Effective Date, and the holders thereof are
not entitled to receive, and will not receive or retain, any
property or interest in property on account of such equity
interests. As the Plan has been confirmed and the Companys
existing equity securities have been cancelled, amounts invested
by holders of such securities will not be recoverable and such
securities will have no value.
Except as required
by law, the Company disclaims any obligation to publicly update
such forward-looking statements.
|Item9.01||Financial Statements and Exhibits.|
Findings of Fact, Conclusions of Law, and Order Confirming
the Second Amended Plan of Reorganization for Violin Memory,
|99.2||Notice of Effective Date of Plan.|
About VIOLIN MEMORY, INC. (OTCMKTS:VMEMQ)
Violin Memory, Inc. offers a class of flash-based storage solutions to bring storage performance in line with high-speed applications, servers and networks. The Company’s Flash Storage Platform is designed at each level of the system architecture to leverage the inherent capabilities of flash memory and meet the requirements of business-critical applications, virtualized environments and Big Data in enterprise data centers. The Flash Storage Platform is a vertically integrated design of software, firmware and hardware, which runs the Company’s Concerto OS 7, a single operating system with integrated continuous data protection, in-line block de-duplication and compression, stretch metro cluster and logical unit number (LUN) mirroring, as well as its suite of other Enterprise Data Services. Its products include 7300E Flash Storage Platform, 7600 Flash Storage Platform, 7700 Flash Storage Platform, 6000 Series All Flash Array and Symphony Management Suite Version 3.0. VIOLIN MEMORY, INC. (OTCMKTS:VMEMQ) Recent Trading Information
VIOLIN MEMORY, INC. (OTCMKTS:VMEMQ) closed its last trading session 00.0000 at 0.0111 with 153,851 shares trading hands.