I've been watching this one for some time now (meaning a couple months given my short term attention span). Running pretty much under the radar imo with fairly low volume which means higher risk as well. The charts put this lower still so looking to see if .58 - .6 support holds or not. Considering this for a swing play if it can set up to make it worth while. Call it a pet project if you will.
Last Sale: $ 0.611 Share Volume: 262,545 Today's High: $ 0.6799 Best Bid: $ 0.60 52 Week High: $ 1.76 Market Value of Listed Security: $ 24,919,024 Earnings Per Share (EPS): NASDAQ Official Open Price: $ 0.66 NASDAQ Official Close Price: $ 0.611 Net Change: 0.0589 8.79% Previous Close: $ 0.6699 Today's Low: $ 0.611 Best Ask: $ 0.70 52 Week Low: $ 0.5125 Shares Outstanding: 40,784,000 P/E Ratio: N/A Date of Open Price: Sep. 21, 2010 Date of Close Price: Sep. 21, 2010
Entry into a Material Definitive Agreement, Costs Associated with Exit or Disp
Item 1.01 Entry into a Material Definitive Agreement. As described in the Current Report on Form 8-K filed on September 13, 2010, Akeena Solar, Inc. d/b/a Westinghouse Solar (the "Registrant" or "WS") has announced that it will exit from its solar panel installation business in California, and is transitioning to a distribution business model in California. The Registrant has transitioned over the last year to a distribution business model in other parts of the country, and believes that it can reach profitability more quickly by focusing exclusively on its lower overhead manufacturing and distribution business.
As part of this transition in California, the Registrant has entered into binding Memoranda of Agreement with Real Goods Solar, Inc. ("RGS") and with SunRun, Inc. ("SunRun"), dated September 14, 2010 (the "MOA's). Under the MOA's, the approximately 110 solar panel installation projects under contract between SunRun and WS for which construction has not yet begun will be assigned to RGS (the "Assigned Installations"). RGS will assume full installation and warranty responsibility for these not-yet-commenced projects. In addition, RGS will undertake primary, "first responder" responsibility for future warranty service obligations relating to the approximately 800 installations for SunRun that WS has previously completed or will bring to completion as WS transitions out of the installation business (the "WS Installations"). WS will retain secondary warranty responsibility on the WS Installations, in the event that RGS fails to perform the warranty. WS will reimburse RGS for actual warranty service work completed by RGS related to these "first responder" installations.
RGS will reimburse WS a modest amount per watt for each Assigned Installation that is completed, to partially defray the origination expenses previously incurred by WS. WS has agreed to reimburse RGS for any errors by WS in the rebate categorization of the Assigned Installations, and to reimburse RGS to the extent that the average pricing for Assigned Installations is less than an agreed amount per watt. In connection with RGS' agreement to accept "first responder" warranty responsibility for the WS Installations, WS has agreed to provide a bond, letter of credit, cash escrow, or otherwise maintain security for its obligation to reimburse for warranty work performed by RGS, representing $200,000 of collateral.
RGS will become an authorized Westinghouse Solar dealer in California and Colorado. To the extent commercially reasonable, RGS will use integrated Andalay or Westinghouse DC and AC solar panels and installation parts in completing the Assigned Installations, and WS agrees to sell panels and parts to RGS at pre-determined prices for the Assigned Installations.
Further definitive agreements relating to the above transactions are expected to be executed as soon as practicable.
Item 2.05 Costs Associated with Exit or Disposal Activities. Supplemental to the disclosure made under Item 2.05 in the Current Report on Form 8-K filed by the Registrant on September 13, 2010, regarding expected one-time severance costs totaling approximately $0.8 million relating to headcount reductions, the Registrant currently anticipates that approximately $75,000 of such expenses will be paid in cash, and approximately $746,000 of such expenses will be paid in shares of common stock of the Registrant, valued based on the closing prices of the common stock on the respective dates of vesting, which in general will be approximately one week after terminated employees execute a general release and related separation documents. The termination of affected employees began on September 10, 2010 and is expected to be substantially completed by the end of September. Shares of common stock received by terminated employees as severance compensation will be unrestricted upon vesting and therefore eligible for sale on the open market or otherwise as determined by the recipient.
Item 7.01 Regulation FD Disclosure. On September 14, 2010 the Registrant issued a press release announcing the addition of Real Goods Solar, Inc. ("RGS) as a dealer and the agreement whereby RGS would assume certain installation and warranty responsibilities from the Registrant, and certain other information. A copy of the press release is attached as Exhibit 99.1 hereto (the "Press Release").
The information in this section, including the information contained in the Press Release attached as Exhibit 99.1 is being furnished pursuant to this Item 7.01 and shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. In addition, this information shall not be deemed to be incorporated by reference into any of the Registrant's filings with the Securities and Exchange Commission, except as shall be expressly set forth by specific reference in any such filing.
Item 9.01 Financial Statements and Exhibits. (d) Exhibits
Exhibit Number Description of Exhibit 99.1 Press Release regarding addition of Real Goods Solar, Inc. as a dealer and certain other information, issued by the Registrant on September 14, 2010 (furnished herewith).