Update of Chapter 11 Court Proceedings
Proposed Sale of the Company’s Indirect Ownership of CDC Software Corporation
As previously disclosed, on March 20, 2012, the United States Bankruptcy
Court for the Northern District of Georgia (the “Court”) approved a sale (the
“Sale”) of CDC Corporation's (the “Company”) indirect share holdings in CDC
Software Corporation (“CDC Software”) to Archipelago Holdings (the “Buyer”), an
affiliate of Vista Equity Partners. The Court order approving the Sale is
appealable by a party in interest in the Company’s bankruptcy until April 3,
2012.
The Company currently anticipates that the Sale will close on or about
April 10, 2012.
There can be no assurance that the Sale will be consummated, and, if it is,
that it will occur within the timeframe and upon the terms set forth above, and
as previously-disclosed.
CDC Corporation Financing Consideration
In considering its cash needs until the anticipated closing date of the
Sale, the Company entered into preliminary discussions with several parties to
raise capital through the sale of a potion of approximately 3.78 million common
shares of the Company that are held in treasury. Subsequently, the Company
determined that it believes it has sufficient liquidity to meet its obligations
through the anticipated closing date set forth above and, as a result, is no
longer currently considering the sale of common shares of the Company with any
parties.
There can be no assurance that the Company will not determine that
additional funding is required at any future period of time, and the Company may
seek to obtain financing through a sale of treasury shares, debt financing, or
any other similar transaction.
Continuance of Hearing on Disclosure Statements
As previously disclosed, the Court scheduled a hearing to take place on
March 20, 2012, for the approval of disclosure statements previously filed with
the Court on March 1, 2012, relating to proposed Chapter 11 plans. At that
hearing on March 20, 2012, by the request of the parties, the Court continued
the disclosure statement hearing until April 26, 2012. The confirmation hearing
for the submitted Chapter 11 plans previously scheduled for April 26, 2012, will
be continued until a future date to be determined by the Court.
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