January 19, 2007
By: by Erica Dart, Marketing Communications Manager, DayStar Technologies
Halfmoon, NY - (PR Newswire) - January 19, 2007
- DayStar Technologies, Inc. (NASDAQ: DSTI), a developer and manufacturer of innovative CIGS Photovoltaic FoilTM products, today announced that it has successfully restructured its $15 million senior convertible note originally issued in May of 2006.
DayStar has entered into an agreement with a new investor under which the original investor will transfer the debt, a Class B warrant and the associated rights of each to a new investor, who has agreed to certain modifications to these obligations. Under the terms of this agreement, the Company will make a payment to the original investor prior to the transfer in the form of cash and shares of the Company's common stock, which issuance will constitute payment in full for all currently due amounts of principal and interest. Additionally, the original investor will receive an additional Class A Warrant to purchase 317,394 shares of common stock when permitted by Nasdaq's rules.
The new holder of the debt and the Company have agreed that principal and interest payments on the debt will resume with the first principal payment due on February 19, 2007. In addition, they have agreed to amend the terms of the debt to provide that, when permitted by Nasdaq's rules and subject to standard closing conditions, all principal and interest amounts due on the debt will convert into the Company's common stock at a price of $2.00 per share. Upon this conversion, the Class B Warrant and all the existing debt covenants will terminate.
As part of this purchase, the Company has also entered into a Stock Purchase Agreement with another group of new investors under which the Company has agreed to sell 2,500,000 shares of common stock at a price of $2.00 per share, when permitted by Nasdaq's rules and subject to standard closing conditions.
DayStar has submitted a request to Nasdaq that the issuance of the new Series A Warrant, the conversion proposed for its debt and the new sale of stock all be permitted without the submission to a stockholder vote that would otherwise be required by Nasdaq's marketplace rules. In the event such exemptive relief is not obtained, DayStar intends to hold a meeting of its stockholders to approve these issuances as soon as practicable.
Dr. Stephan DeLuca, DayStar's CEO, said, "This transaction is a breakthrough restructuring of our capitalization plan. We appreciate the patience of our customers, lenders, creditors, stockholders and employees during this process. We believe we have significantly improved our ability to raise the additional capital required to meet the financial needs of the Company as we move towards full deployment of our operation and growth plans."
About DayStar Technologies, Inc.
DayStar Technologies, Inc. is an emerging leader in low cost, high efficiency Photovoltaic FoilTM that converts sunlight into energy. The Company manufactures CIGS solar cells, which are deposited on flexible metal foils using production processes adapted from computer component manufacturing. As an alternative to wafer-silicon solar cells, DayStar believes the unique combination of its CIGS solar cell design coupled with proprietary manufacturing processes on flexible metal substrates could substantially lower costs and remove deployment barriers currently limiting large adoption of solar energy. For more information on the Company, please visit http://www.daystartech.com/.
This news release contains "forward-looking statements" that are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. "Forward-looking statements" describe future expectations, plans, results, or strategies and are generally preceded by words such as "future, " "plan" or "planned, " "will" or "should," "expected," "anticipates," "draft," "eventually" or "projected." You are cautioned that such statements, including statements concerning the Company's beliefs regarding its ability to meet its financial needs, are subject to a multitude of risks and uncertainties that could cause future circumstances, events, or results to differ materially from those projected in the forward-looking statements, including risks that our products may not achieve customer acceptance or that they will not perform as expected, and other risks identified in our annual report on Form 10-KSB and other filings with the SEC. You should consider these factors in evaluating the forward-looking statements included herein, and not place undue reliance on such statements. The forward-looking statements are made as of the date hereof and DayStar Technologies Inc. undertakes no obligation to update such statements.