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Apr 12, 2001
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GT Advanced Technologies, Apple's sapphire partner, may have been seeing production problems and missing technical milestones as early as February, according to a new report from The Wall Street Journal that examines GT's securities filings.

It's widely known that Apple did not provide GT Advanced with a fourth and final $139 million loan payment aimed at giving the sapphire supplier a means to purchase vital equipment, but Apple also delivered its third payment to the company two months after it was expected.

gt_advanced_logo.jpg
GT was set to receive a $103 million payment in February of 2014, but did not receive the payment until April 2014, two months later, as it had failed to meet Apple's requirements on time.
The third payment, of $103 million, was due in February, but Apple did not make it until April, according to GT's securities filings. The final installment of $139 million was due in April, according to a GT securities filing. In August, GT said it expected the payment by October. But Apple never made the payment, because GT did not meet certain requirements, according to people familiar with the matter.
Shortly after GT Advanced missed its February payment, the company's CEO, Thomas Gutierrez and its Chief Operating Officer, Daniel Squiller, set plans in motion to begin selling off stock. While the timing of their subsequent sales was subject to the schedules laid out in their trading plans, it is clear those plans were established after GT began having difficulties meeting its milestones.

Gutierrez set up a pre-arranged Rule 10b5-1 sale in March, which saw him selling more than 9,000 shares of GT Advanced stock on September 8, a day ahead of Apple's iPhone announcement. Gutierrez also sold off stock throughout the year, netting more than $10 million before stock prices faltered after it became clear Apple was not using sapphire in the iPhone 6 and 6 Plus.

Squiller sold $1.2 million worth of stock in May and made plans to sell off additional shares throughout 2014, garnering another $750,000 before the company filed for bankruptcy. Squiller continues to hold more than 200,000 shares of GT stock, which have lost much of their value.

Apple did end up making a total of three loan payments to GT Advanced totaling $440 million after signing an agreement in October of 2013, and the company also reportedly tried to help the supplier meet the requirements to receive the fourth payment ahead of GT's surprise Chapter 11 bankruptcy filing.

GT Advanced's deal with Apple was highly favorable to the Cupertino-based company, with the sapphire supplier taking on all of the risk. Apple supplied the facility and the loan for the company to purchase equipment, but GT was required to meet technical milestones to receive the money and it also signed contracts that prevented it from selling its sapphire to other companies. Apple, meanwhile, was under no obligation to purchase GT's sapphire.

Details about the deal's deterioration have been coming out bit by bit, making it difficult to piece together exactly what went wrong. It appears that GT's failed to produce sapphire up to Apple's standards, leading the company to stick with Gorilla Glass instead of sapphire screens for its iPhones. GT Advanced has been able to supply little information on its bankruptcy filing, as it is bound by non-disclosure agreements that could see it paying $50 million in fines for each violation.

Apple and GT Advanced have asked to keep court documents sealed, but The Wall Street Journal today filed a motion asking the court make the documents public.

Following its Chapter 11 bankruptcy filing, GT Advanced last week asked for permission to begin winding down operations at its Mesa, Arizona sapphire plant, suggesting the company plans to cease its sapphire production all together. Apple has said that it plans to focus on "preserving jobs" in Arizona, and is working with local and state officials as it considers its next steps.

Article Link: GT Advanced Saw Production Troubles as Early as February
 

VulchR

macrumors 68040
Jun 8, 2009
3,377
14,249
Scotland
Management gets millions... workers get unemployed. Because it's the management that take risks. :rolleyes:
 

lewisd25

macrumors 6502a
Jul 6, 2007
851
591
No sane business management team would ever agree to a deal with Apple given those terms, right? Hell, I have no business education and even I would never agree to that deal.
 

Rudy69

macrumors 6502a
Mar 30, 2009
790
2,415
I'll let you guess who was spreading rumours that the next iPhone was going to use a sapphire screen. And they had a planned sale of stocks just before the iPhone announcement.... what a coincidence :eek:
 

dazed

macrumors 6502a
Jun 23, 2007
911
211
This whole thing smells fishy. Interesting to see if they go after the CEO.

If Apple provided the financing, will they be able to take over the production? Maybe buy them out at a firesale price?
 

bbeagle

macrumors 68040
Oct 19, 2010
3,541
2,981
Buffalo, NY
No sane business management team would ever agree to a deal with Apple given those terms, right? Hell, I have no business education and even I would never agree to that deal.

The business management team walked away with boatloads of money by selling stock options and taking salary for not doing their job. The deal sure worked out for them.

And why harp on this small point when the scandal of the CEO is so much larger?
 

flash84x

macrumors regular
Aug 5, 2011
189
132
Bring manufacturing back to the states they said, we do it better they said... What does this mean for that initiative?

I am all for it and was super excited to see AZ get this deal, but wow does it suck now.
 

rdlink

macrumors 68040
Nov 10, 2007
3,226
2,435
Out of the Reach of the FBI
"Gutierrez set up a pre-arranged Rule 10b5-1 sale in March, which saw him selling more than 9,000 shares of GT Advanced stock on September 8, a day ahead of Apple's iPhone announcement. Gutierrez also sold off stock throughout the year, netting more than $10 million before stock prices faltered after it became clear Apple was not using sapphire in the iPhone 6 and 6 Plus.

Squiller sold $1.2 million worth of stock in May and made plans to sell off additional shares throughout 2014, garnering another $750,000 before the company filed for bankruptcy. Squiller continues to hold more than 200,000 shares of GT stock, which have lost much of their value."

Tune in tomorrow for another compelling episode of "As the Worms Turn." What a couple of scumbags.
 

BC2009

macrumors 68020
Jul 1, 2009
2,237
1,393
No sane business management team would ever agree to a deal with Apple given those terms, right? Hell, I have no business education and even I would never agree to that deal.

Maybe you would if you were unscrupulous and planned on selling $10M worth of your own stock once the deal went south (say after your failed to deliver on promises that you said you could deliver on, but knew were not possible).

I think that for their $440M, Apple should get the equipment in Arizona (they already own the facility which they are leasing to GTAT) and they should get the GTAT patents. As far as I can see, the GTAT execs already took their payday. Let's save the jobs in Arizona if possible -- Apple is the only one who can do that.
 

iSee

macrumors 68040
Oct 25, 2004
3,539
272
GT Advanced's deal with Apple was highly favorable to the Cupertino-based company, with the sapphire supplier taking on all of the risk.

Seems like Apple took on plenty of risk. We'll see how much of that $440 million they get back.
 

mercuryjones

macrumors 6502a
May 31, 2005
786
0
College Station, TX
I think this would be a great opportunity for Apple to simply buy out the company and take on manufacturing of the sapphire for themselves. As a side business, they could start also selling it to other handset manufacturers and make even more money.
 

Vertigo50

macrumors 65816
Apr 11, 2007
1,200
132
Oh thank God! I was beginning to think we weren't going to get anymore of these pointless GT Advanced stories.

Phew! :rolleyes:
 

icanhazapple

macrumors 6502a
Feb 26, 2009
578
1,246
Management gets millions... workers get unemployed. Because it's the management that take risks. :rolleyes:

exactly. If I was GT's management I would just ask Apple - why don't you just buy the company?

If I'm going to scale operations and expand, you need to need to see this all the way through; loans aren't enough, I have cashflow constraints - and at that point, why not just buy the company?
 

HyperZboy

macrumors 65816
Feb 7, 2007
1,086
1
Thank You Wall Street Journal! I mean seriously. How could a non-disclosure agreement keep bankruptcy proceedings from being disclosed to creditors and the public? That's insane.

I don't think there's going to be any winners here. Apple made a flashy promise of creating jobs in America. How many now? Haha!

GT made promises of delivering this product, but couldn't make enough of it in time. Apple made investments inherently designed to buy this product, but didn't nor did Apple make its final payment to even allow that to happen.

The only thing I know for certain is that the court is going to throw out these non-disclosure agreements for the sake of investors. And maybe even the deal with Apple. If that happens, GT is back in business selling to Samsung.

Like I said, I don't see any real winners here unless Apple & GT come to some terms that the court accepts. The court is not going to just bow before Apple like Apple is used to. This is bankruptcy and now liquidation and debts to investors, Apple being one of them, but also huge layoffs of workers and bad PR. But Apple's investment they could have back in terms of equipment sales or just buying the product.

The bad PR Apple doesn't want. That puts GT in the driver's seat despite the stock sales that may or may not be investigated. Keep in mind, those stock sales are irrelevant to the bankruptcy case. That's and SEC issue. They'll be dealt with there if illegal.
 

Ryth

macrumors 68000
Apr 21, 2011
1,591
157
That CEO and COO are going to be in a lot of trouble.

Plans or not, those plans were set in motion through insider information.
 

wxman2003

Suspended
Apr 12, 2011
2,580
294
GT bit off a little more than it could chew. Rule number 1. Do not make promises to Apple that you can not keep.
 
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