SPYKER OPPOSES MOTION GENERAL MOTORS TO DISMISS SPYKER COMPLAINT
Spyker N.V. (“Spyker”) has opposed the Motion to Dismiss filed by General Motor Company (GM).
On 6 August 2012 Spyker in its own right and on behalf of its 100% subsidiary Saab Automobile AB (“Saab Automobile”) filed a 3 USD billion complaint against GM in the United States District Court of the Eastern District of Michigan (the 'Complaint').
In response GM filed a Motion to Dismiss on 28 September 2012, in which GM asserted that that an agreement (the so-called “Framework Agreement”), which Spyker, Saab Automobile and Zhejiang Youngman Lotus Automobile Co., Ltd. (“Youngman”) had drafted, would cause a change of control of Saab Automobile or would cause transfer of GM proprietary automotive technology to Youngman.
In its opposition filed Friday 9 November, 2012 Spyker substantiates its argument that the carefully crafted Framework Agreement would – contrary to GM’s knowingly false media statements at the time - neither have triggered a change of control of Saab Automobile (therefore not requiring GM’s consent) nor would have caused a transfer of GM proprietary automotive technology (the 'Opposition').
On the contrary, the Framework Agreement would have provided Saab Automobile with a necessary, immediate infusion of cash, which would have permitted it to successfully reorganize WITHOUT Youngman taking any stake in Saab Automobile. Moreover GM’s technology was completely firewalled and Youngman would have had NO access thereto in any way.
In the Opposition Spyker further substantiates that a long course of dealings made clear that GM under no circumstances would accept a competitor in the Chinese market.
As a consequence of GM’s tortious interference, Saab Automobile was forced to enter into liquidation on December 19th, 2011.
GM's assertion that Spyker and Saab Automobile have failed to state a cause of action is predicated upon GM's misapplication of relevant law, misinterpretation of certain contracts and disregard of key factual allegations in the Complaint. Accordingly, Spyker and Saab Automobile are of the opinion that the Court should deny GM's Motion to Dismiss.
Spyker's opposition to the Motion to Dismiss as filed Friday the 9th of November 2012 is available in its entirety via www.spykernv.com under Investors - Financial or you may download it directly until 4 weeks from today via this hyperlink: http://wtrns.fr/m52absC132TCWSM