Message #4 From:
Stock News Bot Date: November 8, 2008 05:09:32 AM
MKBY Stock, McKenzie Bay International (MKBY), MTI Energy & YA Global Agree to Settlement
MIDLAND, MI -- (Marketwire) -- 10/16/08 -- McKenzie Bay
International Ltd. (PINKSHEETS: MKBY stock), YA Global Investments L.P., and
MTI Energy Management / Lighting
Specialists, Inc. entered into an escrow and settlement agreement on
August
21, 2008.
YA Global Investments L.P., formerly Cornell Capital Partners L.P., has
accepted an offer to pay off their outstanding debentures that include a
partial cash payment, return of 14,367,426 McKenzie Bay pledge shares,
replace 3,500,000 McKenzie Bay warrants, and cancel all other McKenzie Bay
warrants.
McKenzie Bay has agreed to amend YA Global warrants; consent to the
installation of new board members consisting of Michael Pollakowski, Philip
Mortimer, Kevin Cook, Dilip Nigam, Mark Cecil, and Lawrence Leete; accept
the resignation of the current board at the end of escrow. McKenzie Bay
has agreed to move forward using Envitech Energy and Analytical Design
Service Corporation technologies to produce WindStor® vertical axis wind
turbines.
McKenzie Bay has appointed Michael Pollakowski as agent to obtain funding
through the use of a subscription agreement for this settlement agreement
that also includes the completion of the Ishpeming, Michigan WindStor®
installation, settlement of all MKBY debts, preparation of financial
statements and required SEC filings.
MTI has agreed to dismiss its Federal lawsuit towards McKenzie Bay; secure
WindStor® technology rights for McKenzie Bay; and issue a 5% ownership
interest in its affiliated power sales company, Clean Green Energy LLC to
MKBY.
As part of the settlement, affidavits and releases of current board
members, prior board members, and prior employees have been executed, and
current and prior board members have agreed to return certain MKBY shares.
Settlement agreements and all additional documents required for closing by
all parties have been or are being placed in escrow. There can be no
assurance that remaining outstanding terms and conditions of the settlement
agreements will be completed in the agreed upon time frame for a closing
"release of escrow documents" in the fourth quarter of 2008. Outside
events, general economic conditions, and other factors may have materially
adverse impact upon this transaction.
For further information contact investor relations, Richard Kaiser,
757-306-6090
Certain statements made in press release constitute forward-looking
statements and do not guarantee future performance. Actual results or
developments may differ materially from projections in forward-looking
statements. Forward-looking statements are based solely on estimates and
opinions of management at time statements are made.