0% found this document useful (0 votes)
150 views17 pages

Fisker Bankrupt

Fisker files for bankruptcy

Uploaded by

TechCrunch
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
150 views17 pages

Fisker Bankrupt

Fisker files for bankruptcy

Uploaded by

TechCrunch
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 17

Case 24-11377 Doc 1 Filed 06/17/24 Page 1 of 17

Fill in this information to identify the case:

United States Bankruptcy Court for the:

Delaware
____________________ District of _________________
(State)
11
Case number (If known): _________________________ Chapter _____ ‰ Check if this is an
amended filing

Official Form 201


Voluntary Petition for Non-Individuals Filing for Bankruptcy 06/22

If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor’s name and the case
number (if known). For more information, a separate document, Instructions for Bankruptcy Forms for Non-Individuals, is available.

1. Debtor’s name Fisker Group Inc.


______________________________________________________________________________________________________

2. All other names debtor used ______________________________________________________________________________________________________


in the last 8 years ______________________________________________________________________________________________________
______________________________________________________________________________________________________
Include any assumed names,
______________________________________________________________________________________________________
trade names, and doing business
as names ______________________________________________________________________________________________________

3. Debtor’s federal Employer


Identification Number (EIN)
8 1
___ ___ 3 ___
– ___ 8 ___
8 ___
3 ___
3 ___
4 ___
2

4. Debtor’s address Principal place of business Mailing address, if different from principal place
of business

14 Centerpointe Drive
______________________________________________ _______________________________________________
Number Street Number Street

______________________________________________ _______________________________________________
P.O. Box

La Palma CA 90623
______________________________________________ _______________________________________________
City State ZIP Code City State ZIP Code

Location of principal assets, if different from


principal place of business
Orange
______________________________________________
County _______________________________________________
Number Street

_______________________________________________

_______________________________________________
City State ZIP Code

5. Debtor’s website (URL) https://www.fiskerinc.com


____________________________________________________________________________________________________

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1
Case 24-11377 Doc 1 Filed 06/17/24 Page 2 of 17

Debtor Fisker Group Inc.


_______________________________________________________ Case number (if known)_____________________________________
Name

6. Type of debtor ‰ Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
‰ Partnership (excluding LLP)
‰ Other. Specify: __________________________________________________________________

A. Check one:
7. Describe debtor’s business
‰ Health Care Business (as defined in 11 U.S.C. § 101(27A))
‰ Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
‰ Railroad (as defined in 11 U.S.C. § 101(44))
‰ Stockbroker (as defined in 11 U.S.C. § 101(53A))
‰ Commodity Broker (as defined in 11 U.S.C. § 101(6))
‰ Clearing Bank (as defined in 11 U.S.C. § 781(3))
‰ None of the above

B. Check all that apply:

‰ Tax-exempt entity (as described in 26 U.S.C. § 501)


‰ Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C.
§ 80a-3)
‰ Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))

C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See
http://www.uscourts.gov/four-digit-national-association-naics-codes .
3 ___
___ 3 ___
6 ___
1

8. Under which chapter of the Check one:


Bankruptcy Code is the
debtor filing? ‰ Chapter 7
‰ Chapter 9
‰ Chapter 11. Check all that apply:
A debtor who is a “small business
debtor” must check the first sub- ‰ The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and its
box. A debtor as defined in aggregate noncontingent liquidated debts (excluding debts owed to insiders or
§ 1182(1) who elects to proceed affiliates) are less than $3,024,725. If this sub-box is selected, attach the most
under subchapter V of chapter 11 recent balance sheet, statement of operations, cash-flow statement, and federal
(whether or not the debtor is a income tax return or if any of these documents do not exist, follow the procedure in
“small business debtor”) must 11 U.S.C. § 1116(1)(B).
check the second sub-box. ‰
The debtor is a debtor as defined in 11 U.S.C. § 1182(1), its aggregate
noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are
less than $7,500,000, and it chooses to proceed under Subchapter V of
Chapter 11. If this sub-box is selected, attach the most recent balance sheet,
statement of operations, cash-flow statement, and federal income tax return, or if
any of these documents do not exist, follow the procedure in 11 U.S.C.
§ 1116(1)(B).

‰ A plan is being filed with this petition.

‰ Acceptances of the plan were solicited prepetition from one or more classes of
creditors, in accordance with 11 U.S.C. § 1126(b).

‰ The debtor is required to file periodic reports (for example, 10K and 10Q) with the
Securities and Exchange Commission according to § 13 or 15(d) of the Securities
Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing
for Bankruptcy under Chapter 11 (Official Form 201A) with this form.

‰ The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule
12b-2.
‰ Chapter 12

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 2
Case 24-11377 Doc 1 Filed 06/17/24 Page 3 of 17

Debtor Fisker Group Inc.


_______________________________________________________ Case number (if known)_____________________________________
Name

9. Were prior bankruptcy cases ‰ No


filed by or against the debtor
within the last 8 years? ‰ Yes. District _______________________ When _______________ Case number _________________________
MM / DD / YYYY
If more than 2 cases, attach a
separate list. District _______________________ When _______________ Case number _________________________
MM / DD / YYYY

10. Are any bankruptcy cases ‰ No


pending or being filed by a
business partner or an ‰ Yes. Debtor _____________________________________________ Relationship _________________________
affiliate of the debtor? District _____________________________________________ When __________________
List all cases. If more than 1, MM / DD / YYYY
attach a separate list. Case number, if known ________________________________

11. Why is the case filed in this Check all that apply:
district?
‰ Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days
immediately preceding the date of this petition or for a longer part of such 180 days than in any other
district.

‰ A bankruptcy case concerning debtor’s affiliate, general partner, or partnership is pending in this district.

12. Does the debtor own or have ‰ No


possession of any real ‰ Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed.
property or personal property
that needs immediate Why does the property need immediate attention? (Check all that apply.)
attention?
‰ It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety.
What is the hazard? _____________________________________________________________________

‰ It needs to be physically secured or protected from the weather.

‰ It includes perishable goods or assets that could quickly deteriorate or lose value without
attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related
assets or other options).

‰ Other _______________________________________________________________________________

Where is the property?_____________________________________________________________________


Number Street

____________________________________________________________________

_______________________________________ _______ ________________


City State ZIP Code

Is the property insured?

‰ No
‰ Yes. Insurance agency ____________________________________________________________________

Contact name ____________________________________________________________________

Phone ________________________________

Statistical and administrative information

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 3
Case 24-11377 Doc 1 Filed 06/17/24 Page 4 of 17

Debtor Fisker Group Inc.


_______________________________________________________ Case number (if known)_____________________________________
Name

13. Debtor’s estimation of Check one:


available funds ‰ Funds will be available for distribution to unsecured creditors.
‰ After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors.

‰ 1-49 ‰ 1,000-5,000 ‰ 25,001-50,000


14. Estimated number of ‰ 50-99 ‰ 5,001-10,000 ‰ 50,001-100,000
creditors
‰ 100-199 ‰ 10,001-25,000 ‰ More than 100,000
‰ 200-999

‰ $0-$50,000 ‰ $1,000,001-$10 million ‰ $500,000,001-$1 billion


15. Estimated assets ‰ $50,001-$100,000 ‰ $10,000,001-$50 million ‰ $1,000,000,001-$10 billion
‰ $100,001-$500,000 ‰ $50,000,001-$100 million ‰ $10,000,000,001-$50 billion
‰ $500,001-$1 million ‰ $100,000,001-$500 million ‰ More than $50 billion

‰ $0-$50,000 ‰ $1,000,001-$10 million ‰ $500,000,001-$1 billion


16. Estimated liabilities ‰ $50,001-$100,000 ‰ $10,000,001-$50 million ‰ $1,000,000,001-$10 billion
‰ $100,001-$500,000 ‰ $50,000,001-$100 million ‰ $10,000,000,001-$50 billion
‰ $500,001-$1 million ‰ $100,000,001-$500 million ‰ More than $50 billion

Request for Relief, Declaration, and Signatures

WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to
$500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

17. Declaration and signature of Q The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this
authorized representative of
petition.
debtor
Q I have been authorized to file this petition on behalf of the debtor.

Q I have examined the information in this petition and have a reasonable belief that the information is true and
correct.

I declare under penalty of perjury that the foregoing is true and correct.

06/17/2024
Executed on _________________
MM / DD / YYYY

8 /s/ John C. DiDonato


_____________________________________________ John C. DiDonato
_______________________________________________
Signature of authorized representative of debtor Printed name

Chief Restructuring Officer


Title _________________________________________

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 4
Case 24-11377 Doc 1 Filed 06/17/24 Page 5 of 17

Debtor Fisker Group Inc.


_______________________________________________________ Case number (if known)_____________________________________
Name

18. Signature of attorney


8 /s/ Robert J. Dehney, Sr.
_____________________________________________ Date 06/17/2024
_________________
Signature of attorney for debtor MM / DD / YYYY

Robert J. Dehney, Sr.


_________________________________________________________________________________________________
Printed name
Morris, Nichols, Arsht & Tunnell LLP
_________________________________________________________________________________________________
Firm name
1201 N. Market Street, 16th Floor
_________________________________________________________________________________________________
Number Street
Wilmington
____________________________________________________ DE
____________ 19801
______________________________
City State ZIP Code

(302) 658-9200
____________________________________ rdehney@morrisnichols.com
__________________________________________
Contact phone Email address

3578
______________________________________________________ DE
____________
Bar number State

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 5
Case 24-11377 Doc 1 Filed 06/17/24 Page 6 of 17

Fill in this information to identify the case:

Debtor name Fisker Group Inc.


United States Bankruptcy Court for the: District of Delaware
(State)
Case number (If known):
 Check if this is an
amended filing

Official Form 204


Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest
Unsecured Claims and Are Not Insiders 12/15

A list of creditors holding the 20 largest unsecured claims must be filed in a Chapter 11 or Chapter 9 case. Include claims which the debtor
disputes. Do not include claims by any person or entity who is an insider, as defined in 11 U.S.C. § 101(31). Also, do not include claims by
secured creditors, unless the unsecured claim resulting from inadequate collateral value places the creditor among the holders of the 20
largest unsecured claims.

Name of creditor and complete Name, telephone number, and Nature of the claim Indicate if Amount of unsecured claim
mailing address, including zip code email address of creditor (for example, trade claim is If the claim is fully unsecured, fill in only unsecured
contact debts, bank loans, contingent, claim amount. If claim is partially secured, fill in
professional unliquidated, total claim amount and deduction for value of
services, and or disputed collateral or setoff to calculate unsecured claim.
government
contracts)
Total claim, if Deduction for Unsecured
partially value of claim
secured collateral or
setoff
ADOBE IT / SOFTWARE $ 2,042,952.21
1 345 PARK AVE PHONE: 408-536-2800
SAN JOSE, CA 95510 FAX: 408-537-6000
EMAIL: VIP-DIRECT-AMER@ADOBE.COM

BERTRANDT US, INC. 1775 RESEARCH & $ 1,660,000.00


2 WEST HAMLIN ROAD PHONE: 248-598-5100 DEVELOPMENT
ROCHESTER HILLS, MI 48309 FAX: 248-598-5106
EMAIL: GERRIT.SCHMIDT@BERTRANDT.COM

AVNET INC TRADE $ 1,343,100.23


3 2211 S. 47TH STREET PHONE: 810-626-8956; 480-643-2000
PHOENIX, AZ 85034 EMAIL: JOEL.FISHMAN@AVNET.COM

GOOGLE LLC SALES & MARKETING $ 1,237,811.31


4 1600 AMPHITHEATRE PARKWAY PHONE: 650-253-0000
MOUNTAIN VIEW, CA 94043 EMAIL: COLLECTIONS@GOOGLE.COM

SAP AMERICA INC. IT / SOFTWARE $ 1,206,174.51


5 3999 WEST CHESTER PIKE PHONE: 610-661-1000
NEWTOWN SQUARE, PA 19073 EMAIL: FINANCEAR@SAP.COM

MANPOWERGROUP US INC 100 PROFESSIONAL SERVICES $ 1,081,384.05


6 MANPOWER PL PHONE: 414-961-1000
MILWAUKEE, WI 53212 EMAIL: ANDREW.PULASKI@MANPOWER.COM

TESSOLVE DTS INC 3910 RESEARCH & $ 1,077,395.00


7 N, FIRST STREET SAN PHONE: 408-865-0873 DEVELOPMENT
JOSE, CA 95134 FAX: 408-865-0896
EMAIL: SALES@TESSOLVE.COM

PRELUDE SYSTEMS INC IT / SOFTWARE $ 660,053.72


8 5 CORPORATE PARK, SUITE 140 PHONE: 949-208-7126
IRVINE, CA 92606 EMAIL: PRADEEP_P@PRELUDESYS.COM

Official Form 204 Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims page 1
Case 24-11377 Doc 1 Filed 06/17/24 Page 7 of 17

Fisker Group Inc.


Debtor Name Case number (if known)

Name of creditor and complete Name, telephone number, and Nature of the claim Indicate if Amount of unsecured claim
mailing address, including zip code email address of creditor (for example, trade claim is If the claim is fully unsecured, fill in only unsecured
contact debts, bank loans, contingent, claim amount. If claim is partially secured, fill in
professional unliquidated, total claim amount and deduction for value of
services, and or disputed collateral or setoff to calculate unsecured claim.
government
contracts)
Total claim, if Deduction for Unsecured
partially value of claim
secured collateral or
setoff
NBC UNIVERSAL LLC SALES & MARKETING $ 649,999.97
9 30 ROCKEFELLER PLAZA EMAIL: GAVIN.LAU@NBCUNI.COM
NEW YORK, NY 10112

STRATUS-X LLC, DBA XD INNOVATION AMERICA IT / SOFTWARE $ 616,000.00


10 9800 MOUNT PYRAMID COURT, SUITE 400 PHONE: 855-934-8326
ENGELWOOD, CO 80112 EMAIL: MCARRABINO@XDINNOVATION.COM

I.G. BAUERHIN GMBH TRADE $ 593,345.93


11 WIESENSTR. 29 HESSEN PHONE: 49 6051 826-0
GRUNDAU, 63584 GERMANY EMAIL: ANDRZEJ.DYMEK@BAUERHIN.COM

URGENTLY INC. IT / SOFTWARE $ 548,686.66


12 8609 WESTWOOD CENTER DRIVE, SUITE 810 EMAIL: THUFFMYER@GETURGENTLY.COM
VIENNA, VA 22182

SALESFORCE.COM, INC IT / SOFTWARE $ 527,652.43


13 415 MISSION STREET, 3RD FLOOR PHONE: 415-901-8457
SAN FRANCISCO, CA 94105 EMAIL: WFERRIS@SALESFORCE.COM

FEDEX MARK MASTER FREIGHT & DELIVERY $ 499,966.12


14 MARK MASTER PHONE: 310-743-
P.O. BOX 7221 3501
PASADENA, CA 91109-7321 EMAIL: MARK.MASTER@FEDEX.COM

VECTOR NORTH AMERICA INC. IT / SOFTWARE $ 496,813.35


15 39500 ORCHARD HILL PLACE SUITE 400 PHONE: 248-449-9290
NOVI, MI 48375 FAX: 248-449-9704
EMAIL: SALES@US.VECTOR.COM

ANSYS INC 2600 RESEARCH & $ 492,050.00


16 ANSYS DR EMAIL: KYLE.KAPLAN@ANSYS.COM DEVELOPMENT
CANONSBURG, PA 15317

TOMTOM NORTH AMERICA, INC. 11 TRADE $ 468,526.08


17 LAFAYETTE STREET EMAIL: ROYALTYDEPT@TOMTOM.COM
LEBANON, NH 03766

HL MANDO (SUZHOU) AUTOMOTIVE SYSTEM TRADE $ 453,027.85


18 CO.,LTD. PHONE: 86-512-8228-9888
NO.328, MAYUN ROAD, HIGH-TECH ZONE SUZHOU, FAX: 86-512-6665-3022
JS 215129 EMAIL: HUI.WANG@HLCOMPANY.COM
CHINA

BROADRIDGE ICS BROADRIDGE INVESTOR PROFESSIONAL SERVICES $ 412,922.90


19 COMMUNICATION PHONE: 800-353-0103
P.O. BOX 416423 BOSTON, EMAIL: INVOICES@BROADRIDGE.COM
MA 02241-6423

MOURI TECH LLC IT / SOFTWARE $ 400,561.10


20 1183 W JOHN CARPENTER FWY PHONE: 972-756-1500
IRVING, TX 75039 EMAIL: SIVAD@MOURITECH.COM

Official Form 204 Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims page 2
Case 24-11377 Doc 1 Filed 06/17/24 Page 8 of 17

IN THE UNITED STATES BANKRUPTCY COURT


FOR THE DISTRICT OF DELAWARE

In re: Chapter 11

FISKER GROUP INC., Case No. 24-[•] ([•])

Debtor.

CORPORATE OWNERSHIP STATEMENT


AND LIST OF EQUITY INTEREST HOLDERS

Pursuant to rules 1007(a)(1) and 7007.1 of the Federal Rules of Bankruptcy


Procedure (the “Bankruptcy Rules”), and to enable the Judges to evaluate possible
disqualification or recusal, attached hereto as Exhibit A is a corporate structure chart (the
“Corporate Structure Chart”) reflecting the ownership interests of Fisker Inc., the
ultimate parent of debtor Fisker Group Inc. (the “Debtor”). The Debtor respectfully
represents, as of the date hereof, the following:

1. Each of the entities1 identified on the Corporate Structure Chart, other than
Fisker Inc., is owned in its entirety by its direct parent.

2. Fisker Inc. is the ultimate parent of the Debtor, and its equity securities are
publicly held as follows (as of April 8, 2024):

Class of Common
Amount Authorized Amount Outstanding
Stock
A 2,000,000,000 1,250,822,032

B 150,000,000 132,354,128

3. There are no entities that own 10% or more of the issued and outstanding
common stock of Fisker Inc.

1
The address of the Debtor’s corporate headquarters is 14 Centerpointe Drive, La Palma, CA 90623.
Case 24-11377 Doc 1 Filed 06/17/24 Page 9 of 17

Exhibit A

Corporate Structure Chart


Case 24-11377 Doc 1 Filed 06/17/24 Page 10isof
Ownership 17
100% Active

Fisker – Organizational Chart unless otherwise


indicated
Dormant
Active/Non-Operational
Chapter 11 Debtor

Privileged and Confidential


davispolk.com
Fisker Inc.
(Delaware)

Fisker Group
Inc.
Henrik Fisker (Delaware)
CEO
Asia North America

0.01% 99.99% 1%

99%
Fisker Vigyan India Fisker (Shanghai) Blue Current Terra Fisker Ocean EV, S. de
Fisker TN LLC Platinum IPR LLC
Private Limited Motors Ltd. Holding LLC Energy Inc. Canada Ltd. R.L. de C.V.
(Tennessee) (Delaware)
(India) (China) (Delaware) (Delaware) (Canada) (Mexico)

Europe

Fisker Belgium Fisker Denmark Fisker Ireland Fisker Fisker


Fisker GmbH Fisker France SAS Fisker GmbH
B.V. ApS Limited Netherlands B.V. Netherlands Sales
(Austria) (France) (Germany)
(Belgium) (Denmark) (Ireland) (Netherlands) B.V. (Netherlands)

Fisker Switzerland Fisker Switzerland Fisker (GB)


Fisker Norway AS Fisker Spain Fisker Sweden AB
IP GmbH Sales GmbH Limited
(Norway) (Spain) (Sweden)
(Switzerland) (Switzerland) (United Kingdom)
Case 24-11377 Doc 1 Filed 06/17/24 Page 11 of 17

CERTIFICATE OF SECRETARY
OF
FISKER GROUP INC.

Capitalized terms used but not otherwise defined herein shall have the meanings ascribed
to such terms in Exhibit A annexed hereto. The undersigned, Corey MacGillivray, Secretary of the
Fisker Group Inc. (the “Company”) hereby certifies on behalf of the Company in his capacity as
an officer of the Company and not in any other capacity that, attached hereto as Exhibit A is a true,
correct and complete copy of the resolutions of the Board of Directors of the Company, effective
June 17, 2024, that were passed at a meeting on June 17, 2024, with a quorum of the Board of
Directors present. Such resolutions have not in any way been amended, modified, revoked or
rescinded, are in full force and effect on the date hereof and constitute all of the resolutions with
respect to the matters covered thereby.
Case 24-11377 Doc 1 Filed 06/17/24 Page 12 of 17

IN WITNESS WHEREOF, the undersigned has executed this Certificate and caused this
Certificate to be delivered this 17th day of June 2024.

_________________________
Corey MacGillivray, Secretary

[Signature Page to Secretary Certificate]


Case 24-11377 Doc 1 Filed 06/17/24 Page 13 of 17

Exhibit A

See attached.
Case 24-11377 Doc 1 Filed 06/17/24 Page 14 of 17

Resolution of the Board of Directors of Fisker Group Inc.


June 17, 2024

WHEREAS, the Board of Directors (the “Board”) of Fisker Group Inc. (the “Company”)
has reviewed and had the opportunity to ask questions about the materials presented by the
management, the Chief Restructuring Officer, and the legal and financial advisors of the Company
regarding the liabilities and liquidity of the Company, the strategic alternatives available, and the
impact of the foregoing on the Company’s business;

WHEREAS, the Board has had the opportunity to consult with the CRO, management and
the legal and financial advisors of the Company to fully consider each of the strategic alternatives
available to the Company;

WHEREAS, the Board has received, reviewed, and considered the recommendations of,
and the materials presented by, the management and the legal and financial advisors of the
Company regarding the relative risks and benefits of pursuing a case under the provisions of
chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”);

WHEREAS, the Board has reviewed with the CRO, the management and the legal and
financial advisors of the Company the resolutions set forth below; and

WHEREAS, the Board (a) has determined that taking the actions set forth below and the
transactions contemplated hereby are advisable and fair to, and in the best interests of, the
Company and its stakeholders and, therefore, (b) has adopted the resolutions set forth below and
authorized and approved the transactions, agreements, and actions contemplated hereby:

Commencement of Chapter 11 Case

RESOLVED, that the Board has determined, after due consultation with the CRO,
management and the legal and financial advisors of the Company, that it is desirable and in the
best interests of the Company and its stakeholders that the Company shall be, and hereby is,
authorized to file, or cause to be filed, a petition seeking relief (a “Chapter 11 Case”) under the
provisions of chapter 11 of the Bankruptcy Code, and any other petition for relief or recognition
or other order that may be desirable under applicable law in the United States;

RESOLVED, FURTHER, that each officer, including the Chief Restructuring Officer,
director, or manager of the Company (each, an “Authorized Person”), is authorized, empowered,
and directed to (a) execute and file in the name and on behalf of the Company, and under its
corporate seal or otherwise, all plans, petitions, schedules, statements, motions, lists, applications,
pleadings, orders, and other documents in the United States Bankruptcy Court for Delaware (the
“Bankruptcy Court”), (b) employ and retain all assistance by legal counsel, accountants,
financial advisors, investment bankers, and other professionals, and (c) take and perform any and
all further acts and deeds that such Authorized Person, who may act without the joinder of any
other Authorized Person, deems necessary, proper, or desirable in connection with the Chapter 11
Cases, including (i) negotiating, executing, delivering, and performing under any and all
documents, agreements, certificates, and instruments in connection with the transactions and
professional retentions set forth in this resolution, (ii) appearing as necessary at all bankruptcy
Case 24-11377 Doc 1 Filed 06/17/24 Page 15 of 17

proceedings in the Bankruptcy Court on behalf of the Company, and (iii) paying all such expenses
where necessary or appropriate in order to carry out fully the intent and accomplish the purposes
of the resolutions adopted herein; and

RESOLVED, FURTHER, that the Company is authorized, and each Authorized Person
shall be, and hereby is, authorized, empowered, and directed on behalf of and in the name of the
Company to seek to have its Chapter 11 Case administered by the Bankruptcy Court under chapter
11 of the Bankruptcy Code.

General Authorization and Ratification

RESOLVED, that each Authorized Person shall be, and hereby is authorized, empowered,
and directed, on behalf of and in the name of the Company, to (a) do and perform all such acts and
things and enter into, execute, acknowledge, deliver, and file all such certificates, agreements,
acknowledgments, instruments, contracts, statements, and other documents and to take such
further actions as such Authorized Person may deem necessary or appropriate to effect the intent
and accomplish the purposes of the foregoing resolutions, the taking of such action or the execution
and delivery thereof to be conclusive evidence of the approval thereof, (b) perform the Company’s
obligations under the Bankruptcy Code and exercise all rights of the Company under the
Bankruptcy Code (including all rights with respect to contracts, agreements, and leases under
sections 365 of the Bankruptcy Code), with all such actions to be performed in such manner, and
all such certificates, instruments, guaranties, notices, and documents to be executed and delivered
in such form, as the Authorized Person performing or executing the same shall approve, the
performance or execution thereof to be conclusive evidence of the approval thereof by such
Authorized Person, the Board, and the Company, and (c) pay fees and expenses in connection with
the transactions contemplated by the foregoing resolutions;
RESOLVED, FURTHER, that the omission from this written consent of any (a) agreement,
document, or other arrangement contemplated by any of the agreements, documents, or
instruments described in the foregoing resolutions or (b) action to be taken in accordance with any
requirement of any of the agreements or instruments described in the foregoing resolutions shall
in no manner derogate from the authority of the Authorized Persons to take all actions necessary,
desirable, advisable, or appropriate to consummate, effectuate, carry out, or further the transactions
contemplated by, and the intent and purposes of, the foregoing resolutions;

RESOLVED, FURTHER, that, to the extent that any Authorized Person serves as the sole
member, managing member, manager, general partner, partner, or other governing body
(collectively, a “Controlling Company”), in each case, of any direct or indirect subsidiary of the
Company (a “Controlled Company”), each such Authorized Person who may act without the
joinder of any other Authorized Person, be, and hereby is, authorized, empowered, and directed in
the name and on behalf of such Controlling Company (acting for such Controlled Company in the
capacity set forth above, as applicable), to (a) authorize such Controlled Company to take any
action that any Authorized Person is authorized to take hereunder and/or (b) take any action on
behalf of such Controlled Company that an Authorized Person is herein authorized to take on
behalf of such Controlling Company (including execution and delivery of any authorizing
resolutions);

2
Case 24-11377 Doc 1 Filed 06/17/24 Page 16 of 17

RESOLVED, FURTHER, that the Board has received sufficient notice of the actions and
transactions relating to the matters contemplated by the foregoing resolutions, as may be required
by the organizational documents of the Company, or hereby waive any right to have received such
notice;

RESOLVED, FURTHER, that any and all actions taken by any officer or director of or
advisor to the Company prior to the date of adoption of the foregoing resolutions, which would
have been authorized by the foregoing resolutions but for the fact that such actions were taken
prior to such date, be, and each hereby is, ratified, approved, confirmed, and adopted as a duly
authorized act of the Company in all respects and for all purposes; and

RESOLVED, FURTHER, that this consent may be executed in one or more counterparts,
and delivered by electronic means, each of which, when so executed, shall be treated in all manner
and respects and for all purposes as one and the same original, written consent, and shall be
considered to have the same binding legal effect as if it were an original manually signed
counterpart hereof delivered in person.

3
Case 24-11377 Doc 1 Filed 06/17/24 Page 17 of 17

Fill in this information to identify the case and this filing:

Fisker Group Inc.


Debtor Name __________________________________________________________________
Delaware
United States Bankruptcy Court for the: ______________________ District of __________
(State)
Case number (If known): _________________________

Official Form 202


Declaration Under Penalty of Perjury for Non-Individual Debtors 12/15

An individual who is authorized to act on behalf of a non-individual debtor, such as a corporation or partnership, must sign and submit
this form for the schedules of assets and liabilities, any other document that requires a declaration that is not included in the document,
and any amendments of those documents. This form must state the individual’s position or relationship to the debtor, the identity of the
document, and the date. Bankruptcy Rules 1008 and 9011.

WARNING -- Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in
connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341,
1519, and 3571.

Declaration and signature

I am the president, another officer, or an authorized agent of the corporation; a member or an authorized agent of the partnership; or
another individual serving as a representative of the debtor in this case.

I have examined the information in the documents checked below and I have a reasonable belief that the information is true and correct:

‰ Schedule A/B: Assets–Real and Personal Property (Official Form 206A/B)

‰ Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D)

‰ Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F)

‰ Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G)

‰ Schedule H: Codebtors (Official Form 206H)

‰ Summary of Assets and Liabilities for Non-Individuals (Official Form 206Sum)

‰ Amended Schedule ____

‰ Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders (Official Form 204)

‰ Corporate Ownership Statement


Other document that requires a declaration__________________________________________________________________________________

I declare under penalty of perjury that the foregoing is true and correct.

06/17/2024
Executed on ______________ 8 /s/ John C. DiDonato
_________________________________________________________________________
MM / DD / YYYY Signature of individual signing on behalf of debtor

John C. DiDonato
________________________________________________________________________
Printed name

Chief Restructuring Officer


______________________________________
Position or relationship to debtor

Official Form 202 Declaration Under Penalty of Perjury for Non-Individual Debtors

You might also like