Transportation

Fisker faced financial distress as early as last August

Comment

Fisker CEO Henrik Fisker speaks during their inaugural "Product Vision Day" in Huntington Beach, California, on August 3, 2023. (Photo by FREDERIC J. BROWN/AFP via Getty Images)
Image Credits: FREDERIC J. BROWN/AFP / Getty Images

Fisker was facing “potential financial distress” as early as last August, according to a new filing in its Chapter 11 bankruptcy proceeding, which the EV startup initiated earlier this week.

The admission provides a clearer picture of Fisker’s troubles in 2023 as it struggled to ramp up deliveries of its flagship Ocean SUV, despite CEO Henrik Fisker’s assurances to the public at the time. In August 2023, even as Fisker’s financial health began to wane, the company held a “Product Vision Day” event to promote multiple new models in development, including a low-cost EV and an electric pickup truck.

“Fisker isn’t standing still,” Henrik Fisker said at the time. “We want the world to know that we have big plans and intend to move into several different segments, redefining each with our unique blend of design, innovation, and sustainability.”

That looming financial distress drove Fisker to solicit a partnership or investment from another automaker, according to the filing, which was written by the startup’s appointed chief restructuring officer. Talks with that automaker, which Reuters first reported to be Nissan, dragged on for months before falling apart earlier this year, putting Fisker in “a precarious position,” according to the filing. Fisker ultimately stopped production of the Ocean earlier this year, went through multiple rounds of layoffs, and is now beginning the bankruptcy process.

The Chapter 11 proceedings are meant to offer Fisker some “breathing room” to “stabilize operations while pursuing an orderly and efficient liquidation of assets.” With so many creditors and debts, it’s unclear whether the company will operate in any meaningful way once those assets are gone.

One of the more immediate issues set to be resolved in the case is what happens to the remaining Fisker Oceans that have gone unsold. Brian Resnick, a lawyer for Davis Polk who is representing Fisker in the Chapter 11 case, said in a hearing Friday that the company has reached an “agreement in principle” to sell the 4,300 unsold Oceans to an unnamed vehicle leasing company.

“We find ourselves in the situation of needing to seek approval of this sale on short notice,” Resnick said, though he noted that the lawyers working on behalf of Fisker still need to file an official motion to execute any such sale.

The money generated by that or any other sales of Fisker’s assets will likely go right to Fisker’s largest (and only) secured creditor, Heights Capital Management, an affiliate of financial services giant Susquehanna International Group.

Heights loaned more than $500 million to Fisker in 2023, with the option to convert that debt to stock in the company. Fisker was late filing its third quarter financial report with the SEC, which breached a covenant of that deal with Heights. To repair that breach, Fisker granted Heights “first-priority security interest on all existing and future assets.” Further breaches in the coming months put Heights in the driver’s seat of Fisker’s financial situation.

And yet, Fisker says in the Chapter 11 filings that it still owes Heights more than $183 million in principal payments.

Fisker has other assets beyond the Ocean SUVs that it can sell in the Chapter 11 process, including equipment that contract manufacturer Magna used to build the vehicles. There are 180 assembly robots, an entire underbody line, a paint shop and other tools. Fisker hasn’t yet offered a specific accounting of those assets or their value, saying only that its total assets range between $500 million and $1 billion. Some of them are “specialized,” meaning it could be hard to find a buyer who sees value in them.

Fisker also says in one of the filings that its low-cost Pear EV was in “advanced development,” and that the Alaska pickup truck was in “late-stage development.” It’s unclear at the moment what, if any, value those vehicle designs carry. Prior to its bankruptcy filing, Fisker was sued by Bertrandt AG, the engineering firm it hired to co-develop both of those vehicles. That firm is now one of Fisker’s largest unsecured creditors in the bankruptcy case.

Alex Lees, a lawyer representing another group of unsecured creditors to whom Fisker owes more than $600 million, raised concerns during the hearing that it took “too long” for Fisker to file for bankruptcy. He called Fisker’s relationship with Heights a “lopsided transaction” and a “terrible deal for [Fisker] and its creditors.” Scott Greissman, a lawyer representing the investment arm of Heights, said Lees’ comments were “completely inappropriate, completely unsupported.

The filings to date offer the rawest look yet at the diminished state of Fisker. The company claims to be down to 400 employees globally, with around 181 remaining in the U.S., 70 in Germany, 23 in Austria and 57 in India. That represents a 75% reduction from the company’s peak.

Fisker also has around $4 million remaining in its various bank accounts, according to another filing. It has about another $6 million in restricted cash. Fisker plans to sell nearly $400,000 worth of stock it owns in European charging network Allego to help offset the costs of continuing parts of the business, according to a budget filed Friday. It expects to spend around $1.7 million over the next two weeks on employee payroll and benefits. It is not currently budgeting any spending on IT/Software, after-sales service or vehicle buybacks.

More TechCrunch

Cybersecurity experts are criticizing Microsoft for data breach notification emails that are confusing customers.

Microsoft emails that warned customers of Russian hacks criticized for looking like spam and phishing

After securing $14 million for its second fund in 2023, early-stage VC firm Kearny Jackson is back with a third fund.

Marc Andreessen, Sequoia again back Kearny Jackson, this time in $65M Fund III

The question now is whether Spotify will add something similar for music artists in the future.

Spotify is no longer just a streaming app, it’s a social network

The core issue relates to a 2019 licensing change whereby Microsoft made it more expensive to run Microsoft’s enterprise software on rival cloud services.

Microsoft settles with European cloud trade body over antitrust complaints

Featured Article

From Facebook to the face of crypto: Inside Anthony Pompliano’s wild career

He’s known by a single-syllable name: Pomp. But his story is of an unconventional rise to success that almost ended two years after it began.

From Facebook to the face of crypto: Inside Anthony Pompliano’s wild career

As TikTok continues to test the waters with longer videos, Instagram Head Adam Mosseri has said the Meta-owned social network will continue to focus on short-form content. In an Instagram…

While TikTok chases YouTube, Instagram vows to focus on short-form content

Are you a Series A to B startup aiming to make a big splash in the tech world? Look no further than the ScaleUp Startups Exhibitor Program at TechCrunch Disrupt…

Elevate your startup with the ScaleUp Program at TechCrunch Disrupt 2024

While Samsung has maintained its own familiar design with the standard Galaxy Buds 3, the Pro are experiencing a sort of Apple identity crisis.

Samsung unveils Galaxy Buds 3 Pro and Buds 3, available for preorder now and shipping July 24

At Unpacked 2024, the company shared more details about the Galaxy Ring, which represents the first take on the category from a hardware giant.

Samsung’s Galaxy Ring, its first smart ring, arrives July 24 for $399

At the heart of the features is the Snapdragon 8 Gen 3, which is the same system on a chip that powered the Galaxy S24.

Samsung Galaxy Z Fold and Z Flip 6 arrive with Galaxy AI and Google Gemini

Vimeo joins companies TikTok, YouTube, and Meta in implementing a way for creators to label AI-generated content. The video hosting service announced on Wednesday that creators must now disclose to…

Vimeo joins YouTube and TikTok in launching new AI content labels

The search giant is updating its Gemini for Android app to be more suitable for foldables with the ability to use Gemini with overlay and split screen interfaces.

Google brings new Gemini features and WearOS 5 to Samsung devices

The European Union has designated adult content website XNXX as subject to the strictest level of content regulation under the bloc’s Digital Services Act (DSA) after it notified the bloc…

XNXX joins handful of adult sites subject to EU’s strictest content moderation rules

Months after Microsoft gained an observer seat on OpenAI’s board, the company is leaving the position of the non-voting seat. In a letter sent to OpenAI on Tuesday, Microsoft said…

As Microsoft leaves its observer seat, OpenAI says it won’t have any more observers

SaaS founders trying to figure out what it takes to raise their next round can refer to Point Nine’s famous yearly SaaS Funding Napkin. (The term refers to “back of…

Deep tech startups with very technical CEOs raise larger rounds, research finds

Iceland’s startup scene is punching above its weight. That’s perhaps in part because it kept the 2021 hype in check, but mostly because its tech ecosystem is coming of age.…

Iceland is dodging the VC doldrums as Frumtak Ventures lands $87M for its fourth fund

Index Ventures is announcing $2.3 billion in new funds to finance the next generation of tech startups globally. These new funds are spread across different stages with $800 million dedicated…

Index Ventures raises $2.3B for new venture and growth funds

Prompt engineering became a hot job last year in the AI industry, but it seems Anthropic is now developing tools to at least partially automate it. Anthropic released several new…

Anthropic’s Claude adds a prompt playground to quickly improve your AI apps

Hebbia, a startup that uses generative AI to search large documents and respond to large questions, has raised a $130 million Series B at a roughly $700 million valuation led…

AI startup Hebbia raised $130M at a $700M valuation on $13 million of profitable revenue

NovoNutrients has raised a $18 million Series A round from investors to build a pilot-scale facility to prove that its fermentation process works at scale.

NovoNutrients tweaks its bugs to turn CO2 into protein for people and pets

Seven years ago, Uber and Lyft blocked an effort to require ride-hailing app drivers to get fingerprinted in California. But by launching Uber for Teens earlier this year, the company…

Uber for Teens has reignited an old debate over fingerprinting drivers

Fast-food chain Whataburger’s app has gone viral in the wake of Hurricane Beryl, which left around 1.8 million utility customers in Houston, Texas without power. Hundreds of thousands of those…

Whataburger app becomes unlikely power outage map after Houston hurricane

Bumble’s new reporting option arrives at a time when, unfortunately, AI-generated photos on dating apps are common

Bumble users can now report profiles that use AI-generated photos

The concept of Airchat is fun, especially if you’re someone who loves to send voice memos instead of typing out long paragraphs on your phone keyboard.

Talky social app Airchat gets a major overhaul, making it more like an asynchronous Clubhouse

Featured Article

The fall of EV startup Fisker: A comprehensive timeline

Here is a timeline of the events that led fledgling automaker Fisker to file for bankruptcy.

The fall of EV startup Fisker: A comprehensive timeline

Ahead of these potential competitors comes Openvibe, a simple aggregator for the open social web.

Openvibe combines Mastodon, Bluesky and Nostr into one social app

Welcome to TechCrunch Fintech! Last week was a holiday in the United States, so news was a bit lighter than normal. But there was still fintech-related items to report, including…

Should venture capitalists be held accountable when startups screw up?

Fisker Inc. co-founders Henrik Fisker and his wife, Geeta Gupta-Fisker, are lowering their salaries to $1 in order to keep their failed EV startup’s bankruptcy proceedings funded, as lawyers work…

Henrik Fisker drops salary to $1 to keep Fisker Inc. bankruptcy case alive

After announcing a whopping $20 million seed last year, Unlikely AI founder William Tunstall-Pedoe has kept the budding U.K. foundation model maker’s approach under lock and key. Until now: TechCrunch…

Alexa co-creator gives first glimpse of Unlikely AI’s tech strategy

We’re excited to invite Jesse Pollak to TechCrunch Disrupt 2024 to talk about the future of decentralization.

Jesse Pollak will tell us why Coinbase is launching its own Base blockchain at TechCrunch Disrupt 2024