Author Topic: Prosper just gave away 7% of their company in a legal dispute  (Read 1823 times)

Fred93

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Prosper just gave away 7% of their company in a legal dispute
« on: December 01, 2016, 09:54:50 AM »
Yipes!  The following appears in Prosper's 2016Q3 10Q, available from SEC or via this link
https://www.prosper.com/Downloads/Legal/Q3%202016%2010-Q%209.30.2016.pdf

Quote
Colchis Arbitration

PMI, PFL and Colchis Capital Management, L.P. (“Colchis”) entered into a Supplementary Agreement, dated June 1, 2013, and Addendum to the Supplementary Agreement, dated November 18, 2013 (together, the “Colchis Agreement”), pursuant to which PMI and PFL agreed to give Colchis certain incentives to encourage Colchis to invest in Borrower Loans and Notes through the platform. On April 21, 2015, Colchis filed a demand for arbitration to resolve interpretative questions relating to the Colchis Agreement, including, for example, whether certain rights given to Colchis extended beyond the term of the Colchis Agreement. On October 17, 2016, the arbitrator issued a final award in favor of Colchis. 

On November 17, 2016, PMI, PFL and Colchis entered into a Settlement and Release Agreement, pursuant to which Colchis has agreed to terminate the Colchis Agreement and waive all rights conferred under such agreement in exchange for a $9 million cash payment by PMI and an agreement by PMI to issue a warrant to purchase shares of a new series of preferred stock representing 7% of PMI’s capitalization on a fully diluted basis as of the date of the issuance of the warrant (the “New Series”) for $.01 per share (the “Equity Payment”).  PMI’s obligation to make the Equity Payment is subject to PMI obtaining the requisite stockholder approval.

I hope they have long since fired the lawyer who drafted that agreement!

newstreet

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Re: Prosper just gave away 7% of their company in a legal dispute
« Reply #1 on: December 03, 2016, 04:20:20 PM »
7% of nothing is f#@king nothing.