UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 14A
Proxy Statement Pursuant to Section 14(a) of the
Securities Exchange Act of 1934
(Amendment No. )
Filed by the Registrant [ ] Filed by a Party other than the Registrant [X]
Check the appropriate box:
[ ] Preliminary Proxy Statement
[ ] Confidential, for Use of the Commission Only (as permitted by Rule 14a-6
(e)(2))
[ ] Definitive Proxy Statement
[ ] Definitive Additional Materials
[X] Soliciting Material Pursuant to ss.240.14a-12
MMC ENERGY, INC.
- --------------------------------------------------------------------------------
(Name of Registrant as Specified In Its Charter)
ENERGY HOLDINGS LIMITED LLC
- --------------------------------------------------------------------------------
(Name of Person(s) Filing Proxy Statement, if other than the Registrant)
Payment of Filing Fee (Check the appropriate box):
[X] No fee required.
[ ] Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11.
(1) Title of each class of securities to which the transaction
applies:
- --------------------------------------------------------------------------------
(2) Aggregate number of securities to which the transaction applies:
- --------------------------------------------------------------------------------
(3) Per unit price or other underlying value of the transaction
computed pursuant to Exchange Act Rule 0-11 (set forth the amount
on which the filing fee is calculated and state how it was
determined):
- --------------------------------------------------------------------------------
(4) Proposed maximum aggregate value of the transaction:
- --------------------------------------------------------------------------------
(5) Total fee paid:
- --------------------------------------------------------------------------------
[ ] Fee paid previously with preliminary materials.
[ ] Check box if any part of the fee is offset as provided by Exchange Act
Rule 0-11(a)(2) and identify the filing for which the offsetting fee was
paid previously. Identify the previous filing by registration statement
number, or the Form or Schedule and the date of its filing.
(1) Amount Previously Paid:
- --------------------------------------------------------------------------------
(2) Form, Schedule or Registration Statement No.:
- --------------------------------------------------------------------------------
(3) Filing Party:
- --------------------------------------------------------------------------------
(4) Date Filed:
- --------------------------------------------------------------------------------
The following press release was issued by Energy Holdings Limited LLC, G.
William Eason and Karl W. Miller on April 16, 2008.
Energy Holdings Limited LLC Signs Letter of Intent to Acquire
25 MW Coal and Waste Fuel Power Generation Facility
WILMINGTON, N.C., April 16 /PRNewswire/ -- Energy Holdings Limited LLC ("EHL")
announced today that it has signed a Letter of Intent ("LOI") to acquire a 25
megawatt electric generation plant from Goodland Energy Resources, LLC (GER) for
$42.0 million. The plant is located in Sherman County, Kansas and is
approximately 80 percent complete and designed to burn coal and waste derived
fuel that normally is disposed of in municipal landfills. The Goodland plant
will provide power and steam to a newly constructed ethanol facility and other
industrial facilities in the area and is expected to be fully operational by
June 30, 2008.
"This acquisition would provide EHL with a dependable source of revenue and is
consistent with EHL's strategy to acquire and control niche opportunities in the
electricity generation market for both natural gas and clean coal fueled assets
as well as alternative and renewable ("green") energy projects," stated
Ketheesch Aran, EHL's Chief Financial Officer. "This is an important step for
EHL as we strive to be a leader in the independent power generation business.
This plant demonstrates that energy can be created economically and be good for
the environment," added Aran.
The facility is designed to be fueled by coal and biomass, but can also generate
electricity and industrial steam from diversified fuel sources such as railroad
ties, tires and other waste products. Since the plant utilizes waste for fuel,
emissions credits will be created, an important element of EHL's desire to
produce eco-friendly energy and an asset with significant future value.
The LOI provides EHL with exclusivity for a specified period and is contingent
upon completion of final due diligence, entering into a definitive purchase and
sale agreement for the plant, obtaining acquisition financing and other closing
conditions. Chadbourne & Parke LLP has been retained as EHL's legal counsel.
EHL plans to develop, own and operate a growing number of power generation
facilities, generally smaller than 100 MW, from retrofitted natural gas
facilities that have favorable emissions profiles to biomass plants that consume
agricultural waste. The production of electricity and steam, or efficient
combined cycle energy production, is key to EHL's future as many industrial
facilities that require both elements are now faced with inefficient processes
that are uneconomic in today's high cost energy market.
"EHL is in various stages of negotiation with multiple industry counterparties
to develop and acquire a number of additional energy projects and expects to
sign additional letters of intent on certain energy assets. EHL believes that
its asset acquisition and development pipeline is exciting and executable and
intends to aggressively move forward to fund and acquire energy assets," said G.
William Eason, EHL's Managing Member.
About Energy Holdings Limited LLC:
EHL targets the Western United States to execute its energy acquisition and
development strategy. EHL is seeking to acquire and control niche opportunities
in the electricity generation market for both natural gas and clean coal fueled
assets as well as alternative and renewable ("green") energy projects. EHL views
the Goodland facility as such a niche opportunity. EHL intends to acquire,
re-power and develop natural gas, clean coal and renewable assets in key
geographic transmission and energy-constrained locations such as California,
Arizona, Nevada, New Mexico and Colorado. EHL intends to specifically focus on
existing assets, both operational and non-operational. EHL intends to maximize
environmental emission and green credits and fuel efficiency.
EHL's involvement in its projects is at a relatively early stage. No financing
commitments have been received and due diligence has not been completed with
respect to any of its projects. Therefore, no assurances can be made regarding
EHL's ability to complete its projects or their success should they be
completed.
IMPORTANT INFORMATION
EHL and Messrs. G. William Eason and Karl W. Miller, founder and a former
chairman, CEO and director of MMC Energy, Inc. ("MMC") (Nasdaq: MMCE - News),
intend to file with the Securities and Exchange Commission and mail to
stockholders a proxy statement and proxy card to be used to solicit proxies in
connection with MMC's May 2008 annual meeting. Stockholders are advised to read
carefully the proxy statement and other information related to the solicitation
when they become available because they will contain important information. When
completed, a definitive proxy statement and a form of proxy will be mailed to
MMC's stockholders and will be available, along with other relevant documents,
at no charge, at the SEC's website at http://www.sec.gov. Information relating
to the participants in such proxy solicitation will be contained in the proxy
statement to be filed by EHL and Messrs. Eason and Miller.
Investor Contacts:
G. William Eason
gwilliameason@energyholdingslimited.com
(917) 591-6906
Media Contacts:
Kevin McConville
kmcconville@energyholdingslimited.com
(832) 731-7096
- -----------------------------------------------------------------------
Source: Energy Holdings Limited LLC