David Tepper’s hedge fund Appaloosa Management announced plans to seek expedited trial against SunEdison Monday, leading shares of the solar company to dip 11% following the news.
Shares of its yieldco, TerraForm Power, have also fallen 5% since the news broke.
The announcement comes after Appaloosa lost their bid against SunEdison on Thursday (TERP). The Delaware Chancery Court ruled against Appaloosa’s attempt to block a $1.9 billion acquisition of Vivint Solar by SunEdison, driving shares of SunEdison up 37%.
The court’s ruling effectively allowed SunEdison to force Terraform, in which Appaloosa holds a 9.5% stake, into buying $799 million in loans to help fund the acquisition.
But there was a saving grace for Tepper’s fund.
Last week, Delaware Chancery Court Judge Andre Bouchard offerred to put the case on the fast track, mentioning that certain aspects of the case were “troubling.”
This time, Appaloosa Management plans to pressure the take/pay arrangement that is security for Goldman Sachs’ 300 million loan to SunEdison during the trial, said Lawrence Rolnick of Lowenstein Sandler, the legal representation for Tepper’s fund. As part of the loan, Terraform could be forced to take on billions of dollars worth in risky assets.
The loan’s “take/pay would be unenforceable if it was not “entirely fair” to Terraform,” said Rolnick.
This comes after the Vivint-acquisition deal had already been through one of its final gates of doubt: Vivint shareholders approved of the deal Thrusday.
“The closing of the pending merger with Vivint will not prevent Appaloosa from obtaining relief to protect Terraform and its stockholders from the injurious effects of the take/pay arrangement between Terraform and SunEdison that Appaloosa has challenged,” the hedge fund wrote in a press release Monday.
Shares of SunEdison are trading down by 13% since the market opened, and down 60% year to date. TerraForm Power is trading up 10% since the market opened, and down 24% year to date
This article has been updated to include remarks from Appaloosa Management’s representatives.