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Published on 7/14/2014 in the Prospect News Distressed Debt Daily.

Energy Future withdraws motion for TCEH debtor to bid on Optim assets

By Caroline Salls

Pittsburgh, July 14 – Energy Future Holdings Corp. withdrew its request for an order authorizing but not requiring its Texas Competitive Electric Holdings Co. LLC (TCEH) to participate in a competitive auction for the acquisition of Optim Energy, LLC’s strategic business assets, according to a Monday filing with the U.S. Bankruptcy Court for the District of Delaware.

If selected as the high bidder, TCEH would have been authorized to close a proposed acquisition under the motion without further court order.

In Monday’s withdrawal notice, the Energy Future debtors reserved their right to file a new bid motion in the future.

According to the motion filed in June, TCEH would have submitted a $68 million offer for the Optim assets. Optim’s initial stalking horse agreement included a $60 million bid from Major Oak Power, LLC.

However, Optim obtained court approval on July 3 of the bid procedures for the sale of its Twin Oaks plant assets and approval of an $82 million bid agreement with Optim Energy Twin Oaks, LP.

Competing bids are due on July 23 and must exceed the Optim Energy Twin Oaks bid by $5 million.

Optim, a Silver Spring, Md.-based power plant owner, filed bankruptcy on Feb. 12. The Chapter 11 case number is 14-10262.

Energy Future, a Dallas-based power generation company and utility operator, filed bankruptcy on April 29. The Chapter 11 case number is 14-10979.


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