NEWS & EVENTS
Avaya Files SEC Form 10 Registration Statement
Santa Clara, Calif., — Nov. 13, 2017 – Avaya Holdings Corp. (Avaya, or “the Company”) announced today that it has filed a Registration Statement on Form 10 with the U.S. Securities and Exchange Commission (SEC) to register its common stock under the Securities Exchange Act of 1934, as amended (the Act), a requirement for the company’s stock to trade on a national securities exchange. The filing was made in connection with Avaya’s intent to emerge from chapter 11 as a publicly listed company, as contemplated in its Plan of Reorganization.
“Today’s filing marks another important step toward Avaya’s successful emergence from chapter 11,” said Jim Chirico, President and Chief Executive Officer. “Our registration statement lays the groundwork for us to begin building our next chapter as a publicly traded company. Once it is effective, Avaya will become a reporting company, which will provide transparency to our various stakeholders—with a goal of communicating the strength of our business, the growth opportunities we see ahead and the long-term value we seek to create for our new stockholders.”
A copy of the filing is available for download at www.avaya.com/investors/secfilings and on the SEC’s website at www.sec.gov.
A hearing to consider confirmation of Avaya’s Plan of Reorganization is scheduled to commence on November 28, 2017.
Avaya is a leading global business communications company, providing an expansive portfolio of software and services for contact center and unified communications—offered on premises, in the cloud, or as a hybrid solution. Today’s digital world requires communications enablement, and no other company is better positioned to do this than Avaya. For more information, please visit www.avaya.com.
Cautionary Note Regarding the Chapter 11 Cases
The Company’s security holders are cautioned that trading in securities of the Company during the pendency of the Company’s chapter 11 proceeding will be highly speculative and will pose substantial risks. It is possible some or all of the Company’s currently outstanding securities may be cancelled and extinguished upon confirmation of a restructuring plan by the United States Bankruptcy Court for the Southern District of New York. In such an event, the Company’s security holders would not be entitled to receive or retain any cash, securities or other property on account of their cancelled securities. Trading prices for the Company’s securities may bear little or no relation to actual recovery, if any, by holders thereof in the Company’s chapter 11 proceeding. Accordingly, the Company urges extreme caution with respect to existing and future investments in its securities.
Cautionary Note Regarding Forward-Looking Statements
This document contains certain “forward-looking statements.” All statements other than statements of historical fact are “forward-looking” statements for purposes of the U.S. federal and state securities laws. These statements may be identified by the use of forward looking terminology such as "anticipate," "believe," "continue," "could," "estimate," "expect," "intend," "may," "might," “our vision,” "plan," "potential," "preliminary," "predict," "should," "will," or “would” or the negative thereof or other variations thereof or comparable terminology and include, but are not limited to, statements regarding timing of exit from the chapter 11 proceeding, technology innovation and operational projections. The Company has based these forward-looking statements on its current expectations, assumptions, estimates and projections. While the Company believes these expectations, assumptions, estimates and projections are reasonable, such forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond its control. These factors, and those risks discussed in the Avaya Inc.’s Annual Report on Form 10-K for the fiscal year ended September 30, 2015 and the Company’s Form 10 filed on November 9, 2017, may cause its actual results, performance or achievements to differ materially from any future results, performance or achievements expressed or implied by these forward-looking statements. For a further list and description of such risks and uncertainties, please refer to the Company’s filings with the SEC that are available at www.sec.gov. The Company cautions you that the list of important factors included in the Company’s SEC filings may not contain all of the material factors that are important to you. In addition, in light of these risks and uncertainties, the matters referred to in the forward-looking statements contained in this report may not in fact occur. The Company undertakes no obligation to publicly update or revise any forward-looking statement as a result of new information, future events or otherwise, except as otherwise required by law.