T R O U B L E D C O M P A N Y R E P O R T E R
A S I A P A C I F I C
Wednesday, November 14, 2007, Vol. 10, No. 226
Headlines
A U S T R A L I A
CHRYSLER LLC: Closing Sterling Heights Vehicle Testing Center
CONVERGENCY PTY: Commences Liquidation Proceedings
CURZON STREET: Members to Receive Wind-Up Report on Nov. 20
FORTESCUE METALS: Moody's Lowers Rating of Finance Unit to B1
HARRY BOURCHIER: Members to Hear Wind-Up Report on Nov. 19
ILLINGA FASHION: Members Resolve to Commence Wind-Up Proceedings
IRLMOND PTY: Liquidator to Give Wind-up Report on Nov. 26
LIGHTHOUSE (AUSTRALIA): Members Agree on Voluntary Liquidation
MEGA BRANDS: S&P Places B+ Corp. & Bank Loan Ratings on WatchNeg
MULLANDULLAWA PTY: Members to Hold Final Meeting on Nov. 19
NEURAGENIX PTY: Will Declare Dividend on Nov. 29
OPP2 PTY: Members Agree to Start Voluntary Wind-Up Proceedings
PEABODY ENERGY: Earns US$32.3 Million for Qtr. Ended Sept. 30
PINNACLE INTERIORS: Declares Dividend for Priority Creditors
C H I N A & H O N G K O N G
APEX MIGHT: Court to Hear Wind-Up Petition on January 2
ASIA FOCUS: Members Appoint Liquidators
BEARCOLE LIMITED: Creditors' Proofs of Debt Due on November 23
BEAR COMPANY: Creditors' Proofs of Debt Due on November 23
BENQ CORP: Eyes Business Expansion in the Philippines
CHINA SOUTHERN AIRLINES: To Join SkyTeam Alliance
CHINA SPORTS: Court to Hear Wind-Up Petition on December 5
COSMOS BANK: Incurs TWD9-Bil. Net Loss for 2007 9-Month Period
HI-TECH: James Wardell, Jackson IP Appointed as Liquidators
KUEN KEE: Court to Hear Wind-Up Petition on December 19
SCS LIMITED: Court to Hear Wind-Up Petition on December 12
SILICONWARE PRECISION: Third Qtr. Net Income Increases to TWD5BB
SILICONWARE PRECISION: Expects More Sales in Fourth Quarter 2007
SILICONWARE PRECISION: Divests Sigurd Microelectronics Shares
TACHAN SECURITIES: To Sell Tichung Branch to Ta Chong Securities
TIN LOK: Court to Hear Wind-Up Petition on December 5
TUNG HING: Members Agree to Liquidate Business
I N D I A
BALLY TECH: Fitch Affirms Issuer Default Rating at B-
BALLY TECH: Teams Up with Teradata To Provide Business Services
ITI LTD: Tejbir Singh Replaces Pritam Singh as Director-Mktng
JIK INDUSTRIES: Earns INR308 Mln. in Quarter Ended Sept. 30
I N D O N E S I A
ADES WATERS: Discloses Restructuring Plan, To Lay Off Workers
ADES WATERS: To Offer 440.2 Million Shares at IDR1,000 Each
GARUDA INDONESIA: Fuel Charged Up 30% Amid Oil Price Increase
GARUDA : Partners with Virgin Blue for Interline Agreement
MATAHARI PUTRA: Moody's Affirms B1 Corporate Family Rating
J A P A N
CABLE & WIRELESS: Restores Services in Cayman Islands
DELPHI CORP: Creditors Say Disclosure Statement is Inadequate
DELPHI CORP: Senior Noteholders Balk at Disclosure Statement
FORD MOTOR: Reaches Tentative Labor Agreement with UAW
FORD MOTOR: S&P Expects to Affirm B Rating Due to Narrower Loss
FORD MOTOR: Local Unions Favor Labor Pact, Initial Results Show
ICONIX BRAND: Enters Into Five Global License Agreements
J-CORE: S&P Affirms Rating on Class E Trust Certificate at BB+
JVC CORP: Moody's Affirms Baa3 Debt Rating with Negative Outlook
KOBE STEEL: Posts Net Income of JPY4.5 Billion for H1 of FY2007
NOVA CORP: G.communication to Hire 1,760 Nova Employees
SOFTBANK CORP: Ties Up with Disney on Mobile Phones Service
* Fitch Publishes Rating Criteria For FILP Bond Issuers
* Japan Sees 8.06% More Corporate Bankruptcies in October
K O R E A
DAEWOO ELECTRONICS: Lays Off About 1,500 Workers
SEQUA CORP: Wants to Redeem 2008 Unsecured Notes by December 21
SEQUA CORPORATION: Earns US$18.1MM in Third Qtr. Ended Sept. 30
SEQUA CORP Moody's Rates Proposed Sr. Debt Facility at B1
UAL CORP: Issues 600,000+ Shares to Eligible Claimholders
M A L A Y S I A
BOUSTEAD HEAVY: ECM Keeps 'Buy' Call on Hopes of More Orders
TIME DOTCOM: DiGi Discloses Plans for Broadband Deal
N E W Z E A L A N D
AUSTRALIAN LAND: Court to Hear Wind-Up Petition on Jan. 31
BATHHOUSE RESTAURANT: Creditors' Proofs of Debt Due on Nov. 16
CLEAR CHANNEL: Earns US$279.7 Mln in 3rd Quarter Ended Sept. 30
CLEAR CHANNEL: Providence Mulls Rescinding US$1.2-Billion Deal
COSTA'S RESTAURANT: Creditors' Proofs of Debt Due on November 16
FIDELITYGENETIC LIMITED: Taps Official Assignee as Liquidator
HARLOMA LIMITED: Taps Official Assignee as Liquidator
N J G HOLDINGS: Appoints Official Assignee as Liquidator
NORTHLAND AUTOMOTIVE: Creditors' Proofs of Debt Due on Nov. 30
PROSCENIUM PRODUCTIONS: Appoints Official Assignee as Liquidator
SOLUTION DYNAMICS: Net Deficit Down 7% to NZ$568,000 in FY2008
TRUSTPOWER LTD: Earns NZ$63.1 Mil. in Six Months Ended Sept. 30
VTL GROUP: Trading Suspended on Failure to File Annual Results
WEIGHT WATCHERS: Reports US$49.5 Million Net Income in 3rd Qtr.
P H I L I P P I N E S
CHIQUITA BRANDS: Posts US$28-Mln Net Loss in Qtr. Ended Sept. 30
METRO PACIFIC: Turns Around with Nine-Month Profit of PHP235.6MM
NAT'L POWER: Reduced Generation Charges in Oct. Cue Lower Rates
PSI TECHS: Announces Financial Results for Third Quarter 2007
SAN MIGUEL: S&P Affirms 'BB' Rating After Aussie Dairy Unit Sale
WELLEX INDUSTRIES: 3rd Quarter Net Loss Rises 269% to PHP33-Mil.
ZEUS HOLDINGS: 3rd Quarter 2007 Net Loss Climbs 2% to PHP23,879
S I N G A P O R E
FOO TEE: Court to Hear Wind-Up Petition on Nov. 23
HAPPY MANUFACTURING: Members to Hold Final Meeting on Dec. 6
LINDETEVES: Sept. 30 Balance Sheet Upside-Down by SGD78 Million
SPECTRUM BRANDS: Posts US$333 Million Net Loss in Fourth Quarter
SCOTTISH RE: S&P Revises Outlook from Developing to Negative
T H A I L A N D
NFC FERTILIZER: Court to Hear Rehabilitation Petition on Dec. 17
SRITHAI FOOD: Faces SET Delisting on Undermanned Audit Committee
TMB BANK: ING to Buy 30% Stake for EUR460-Mil. Recapitalisation
* Upcoming Meetings, Conferences and Seminars
- - - - - - - -
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A U S T R A L I A
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CHRYSLER LLC: Closing Sterling Heights Vehicle Testing Center
-------------------------------------------------------------
United Auto Workers union employees at a Chrysler LLC testing
facility on Metropolitan Parkway in Michigan will be reassigned
following the closure of the site, under the recently ratified
labor contract between the carmaker and the union, Terry Oparka
of C&G News reports.
According to Chrysler spokesman Dave Elshoff, the Sterling
Heights Vehicle Test Center, which employs twenty employees and
is listed as an industrial warehouse, is for sale for
US$7 million, C&G News relates.
Mr. Elshoff added that other Michigan facilities designated to
be shuttered are located in Windsor, in Detroit on Mound and and
Van Dyke, and in Plymouth.
As reported in the Troubled Company Reporter on Nov. 5, 2007,
Chrysler disclosed that it would make volume-related reductions
at several of its North American assembly and powertrain plants,
and eliminate four products from its line-up.
Shifts will be eliminated at five North American assembly plants
which, combined with other volume-related manufacturing actions,
will lead to a reduction of 8,500-10,000 additional hourly jobs
through 2008.
Additional actions include reductions of salaried employment by
1,000 and supplemental (contract) employment by 37%. The
Company also plans to eliminate hourly and salaried overtime and
reduce purchased services due to reduction in volume.
The volume-related actions are in addition to 13,000 jobs
eliminated by the three-year Recovery and Transformation Plan
announced in February. The objectives of the RTP remain the
same.
"We have to move now to adjust the way our company looks and
acts to reflect a smaller market," Tom LaSorda, vice chairman
and president of the Chrysler Group, said. "That means a cost
base that is right-sized and an appropriate level of plant
utilization."
About Chrysler LLC
Headquartered in Auburn Hills, Michigan, Chrysler LLC --
http://www.chrysler.com/-- a unit of Cerberus Capital
Management LP, produces Chrysler, Jeep(R), Dodge and Mopar(R)
brand vehicles and products. The company has dealers worldwide,
including Canada, Mexico, U.S., Germany, France, U.K.,
Argentina, Brazil, Venezuela, China, Japan and Australia.
* * *
As reported in the Troubled Company Reporter on Nov. 12, 2007,
Standard & Poor's Ratings Services affirmed its 'B' corporate
credit rating on Chrysler LLC and DaimlerChrysler Financial
Services Americas LLC and removed it from CreditWatch with
positive implications, where it was placed Sept. 26, 2007. The
outlook is negative.
CONVERGENCY PTY: Commences Liquidation Proceedings
--------------------------------------------------
During a general meeting held on September 24, 2007, the members
of Convergency Pty Ltd agreed to voluntarily liquidate the
company's business.
Colin McIntosh Nicol and Johan Vorster were appointed as
liquidators.
The Liquidators can be reached at:
Colin McIntosh Nicol
Johan Vorster
McGrathNicol
IBM Centre, Level 8
60 City Road
Southbank, Victoria 3006
Australia
Telephone:+61 3 9038 3100
Web site: http://www.mcgrathnicol.com
About Convergency Pty
Convergency Pty Ltd is involved with electrical work. The
company is located at Melbourne, in Victoria, Australia.
CURZON STREET: Members to Receive Wind-Up Report on Nov. 20
-----------------------------------------------------------
The members of Curzon Street Pty Ltd will hold their general
meeting on November 20, 2007, at 10:00 a.m., to receive the
liquidator's report on the company's wind-up proceedings and
property disposal.
The Troubled Company Reporter-Asia Pacific previously reported
that the members of the company agreed on December 22, 2006, to
wind up the company's operations.
The company's liquidator is:
M. A. Hatherly
NorthCorp Accountants, Chartered Accountants
Suites 1-3 Bourne House
10-12 Short Street
Port Macquarie, New South Wales 2444
Australia
About Curzon Street
Curzon Street Pty Ltd, which is also trading as Port Macquarie
Tiles, is a dealer of lumber and other building materials.
FORTESCUE METALS: Moody's Lowers Rating of Finance Unit to B1
-------------------------------------------------------------
Moody's Investors Service has downgraded to B1 from Ba3 the
rating of the senior secured debt of FMG Finance Pty. Ltd., the
financing arm of the Fortescue Metals Group. The outlook for
the rating is stable. This completes the rating review for
possible downgrade.
"The rating downgrade reflects increased uncertainty surrounding
the revised target completion date for Fortescue's iron ore
project", says David Howell, a Moody's VP/Senior Analyst.
"The project was originally due for completion in February 2008,
but that timetable was extended to May 15, 2008 due to a series
of events, including cyclones and the inability of FMG to
acquire accommodation units for staff at the site," says Dr.
Howell.
"The B1 rating incorporates continuing challenges associated
with completing the project by the revised date. "Past
independent engineer reports have expressed concerns regarding
the ability of the project to meet the first iron ore on ship
(FOOS) date of 15 May", says Dr. Howell.
"At the same time, Fortescue is still targeting that date, and
Moody's draws some comfort that the AU$500 million equity
raising secured by the parent in July is available to complete
the project's construction," says Dr. Howell.
On the other hand, balanced against these delay scenarios is the
fact that each element of the project is at least 65 % complete,
with the port the most advanced at 80%, the mine at 74%, and the
rail the slowest at 65%.
Moody's notes that completion of the project by mid-May within
the revised cost estimates could lead to a positive reassessment
of the rating. On the other hand, the rating could be pressured
if there is a material cost over-run and/or material delay in
project completion date beyond May 2008.
Fortescue Metals Group, based in Perth, is constructing an iron
ore mine, rail and port in Western Australia's Pilbara region.
When completed, the project will produce between 45 and 55
million tons or iron ore per annum for export, mainly to China.
About Fortescue Metals
Headquartered in West Perth, Western Australia, Fortescue Metals
Group Limited -- http://fmgl.com.au/-- is involved in the
exploration of iron ore through a project to mine iron ore in
the Chichester Ranges, in the Pilbara region of Western
Australia and exporting it from Port Hedland.
* * *
Fortescue reported a net loss for the past two fiscal years.
Net loss for the year ended June 30, 2005, was AU$4.52 million
and net loss for the year ended June 30, 2006, was AU$2.15
million.
HARRY BOURCHIER: Members to Hear Wind-Up Report on Nov. 19
----------------------------------------------------------
Harry Bourchier Pty Ltd, which is liquidation, will hold a final
meeting for its members on November 19, 2007, at 11:00 a.m.
At the meeting, P. J. Cramer, the company's liquidator, will
give a report on the company's wind-up proceedings and property
disposal.
The Liquidator can be reached at:
P. J. Cramer
Green Taylor Partners
Chartered Accountants
43-45 Pynsent Street
Horsham, Victoria 3400
Australia
About Harry Bourchier
Harry Bourchier Pty Ltd, which is also trading as Burrongong
Property, is a distributor of wheat. The company is located at
Corowa, in New South Wales, Australia.
ILLINGA FASHION: Members Resolve to Commence Wind-Up Proceedings
----------------------------------------------------------------
At an extraordinary general meeting held on September 27, 2007,
the members of Illinga Fashion Group Pty Ltd resolved to
voluntarily liquidate the company's business.
Nicholas Martin was appointed as liquidator.
The Liquidator can be reached at:
Nicholas Martin
PPB Chartered Accountants
Level 10, 90 Collins Street
Melbourne, Victoria 3000
Australia
About Illinga Fashion
Illinga Fashion Group Pty Ltd, which is also trading as Illinga
Fashion Group, is a distributor of men's and boys' clothing.
The company is located at South Yarra, in Victoria, Australia.
IRLMOND PTY: Liquidator to Give Wind-up Report on Nov. 26
---------------------------------------------------------
Irlmond Pty Ltd, which is in liquidation, will hold a final
meeting for its members and creditors on November 26, 2007, at
10:00 a.m.
At the meeting, G. M. Rambaldi, the company's liquidator, will
give a report on the company's wind-up proceedings and property
disposal.
The Liquidator can be reached at:
G. M. Rambaldi
Pitcher Partners
Level 19, 15 William Street
Melbourne
Australia
About Irlmond Pty
Irlmond Pty Ltd, which is also trading as Essendon Mitsubishi,
is a dealer of new and used cars. The company is located at
Moonee Ponds, in Victoria, Australia.
LIGHTHOUSE (AUSTRALIA): Members Agree on Voluntary Liquidation
--------------------------------------------------------------
During a general meeting held on September 28, 2007, the members
of Lighthouse (Australia) Limited resolved to voluntarily
liquidate the company's business.
Scott Turner was appointed as liquidator.
The Liquidator can be reached at:
Scott Turner
GPO Box 4366
Sydney, New South Wales 2000
Australia
About Lighthouse (Australia)
Located at Milsons Point, in New South Wales, Australia,
Lighthouse (Australia) Limited is an investor relation company.
MEGA BRANDS: S&P Places B+ Corp. & Bank Loan Ratings on WatchNeg
----------------------------------------------------------------
Standard & Poor's Ratings Services has placed its 'B+' long-term
corporate credit and bank loan ratings on Montreal-based MEGA
Brands Inc. on CreditWatch with negative implications. The '3'
recovery rating on the bank loan is unchanged.
The CreditWatch placement reflects S&P's concerns that revenues,
earnings, and credit protection measures at MEGA Brands did not
meet S&P's expectations for the third quarter ended
Sept. 30, 2007, and could remain weaker than expected in the
medium term due to challenges the company faces," said S&P's
credit analyst Lori Harris.
Revenues in third-quarter 2007 declined 9% compared with the
same quarter the previous year because of lower Magnetix product
sales and production delays in Asia. Reported gross profit
(excluding the CAD20 million noncash inventory revaluation
charge) dropped 38% for the quarter compared with the same
period the previous year due to the reasons cited above as well
as manufacturing inefficiencies and the sale of excess inventory
at a lower gross margin.
For the past two years, the company has been involved in
litigation related to its Magnetix product, which resulted in
product recalls, product replacement, and product liability
settlement expenses. The charges related to the litigation have
negatively affected the company's debt levels and credit ratios
in a material way. MEGA Brands has chosen to be self-insured
for Magnetix products manufactured before May 1, 2006, and for
incidents occurring after Dec. 1, 2006, because it viewed the
cost of insurance as prohibitive. Management's decision to be
self-insured raises uncertainty surrounding the company's
potential exposure to liability claims and MEGA Brands' ability
to financially support these claims without excessively
jeopardizing the business' financial strength.
In addition, the company is involved in litigation with the
former shareholders of Rose Art Industries Inc., concerning
contingent payments related to MEGA Brands' acquisition of the
business in 2005. An additional US$51 million in accrued
consideration has yet to be paid because MEGA Brands is
disputing the claim.
Key credit measures have weakened considerably in the past
couple of years, including debt to EBITDA of more than 5.0 for
the 12 months ended Sept. 30, 2007. MEGA Brands was in
compliance with its financial covenants and liquidity remained
adequate for the ratings at Sept. 30, 2007.
S&P will resolve the CreditWatch listing in the very near term
after reviewing Mega Brands' operating, strategic, and financial
plans.
MEGA Brands Inc. -- http://www.megabrands.com/-- (TSE:MB) is a
distributor of construction toys, games & puzzles, arts & crafts
and stationery. The company is headquartered in Montreal,
Canada and has offices in Belgium, United Kingdom, Germany,
France, Spain, Mexico, and Australia.
MULLANDULLAWA PTY: Members to Hold Final Meeting on Nov. 19
-----------------------------------------------------------
A final meeting will be held for the members of Mullandullawa
Pty Ltd on November 19, 2007, at 10:30 a.m.
At the meeting, B. J. Marchesi, the company's liquidator, will
give a report on the company's wind-up proceedings and property
disposal.
The company's operations have been placed under voluntary
liquidation on November 13, 2006.
The Liquidator can be reached at:
B. J. Marchesi
Bent & Cougle Pty Ltd
Chartered Accountants
Level 5, 332 St Kilda Road
Melbourne, Victoria 300
Australia
About Mullandullawa Pty
Located at South Yarra, in Victoria, Australia, Mullandullawa
Pty Ltd is an investor relation company.
NEURAGENIX PTY: Will Declare Dividend on Nov. 29
------------------------------------------------
Neuragenix Pty Ltd, which is in liquidation, will declare
dividend on November 29, 2007.
Creditors who were not able to file their proofs of debt by the
November 7 due date will be excluded from the company's dividend
distribution.
The company's liquidator is:
Rod Slattery
c/o PPB Chartered Accountants
Level 10, 90 Collins Street
Melbourne, Victoria 3000
Australia
About Neuragenix Pty
Neuragenix Pty Ltd provides custom computer programming
services. The company is located at Melbourne, in Victoria,
Australia.
OPP2 PTY: Members Agree to Start Voluntary Wind-Up Proceedings
--------------------------------------------------------------
During a general meeting held on October 3, 2007, the members of
OPP2 Pty Ltd agreed to voluntarily wind up the company's
operations.
Christopher James Fawcett was appointed as liquidator.
About Opp2 Pty
Opp2 Pty Ltd is a distributor of farm and garden machineries and
equipments. The company is located at Dandenong, in Victoria,
Australia.
PEABODY ENERGY: Earns US$32.3 Million for Qtr. Ended Sept. 30
-------------------------------------------------------------
Peabody Energy has reported third quarter 2007 earnings of
US$0.12 per share on net income of US$32.3 million, compared
with US$0.53 per share and US$142.0 million in the same period a
year ago. EBITDA for the quarter and nine months was
US$210.9 million and US$785.1 million, respectively. Year-to-
date pro forma EBITDA from continuing operations increased 8%
over the prior year.
During the quarter, Peabody made significant progress in
reshaping the earnings base by increasing production capacity in
Australia, concluding cost and productivity initiatives in the
Powder River Basin, expanding global coal trading operations and
spinning off Patriot Coal Corporation.
"Peabody has outstanding leverage to rising international
markets, we have captured higher prices for Powder River Basin
and Midwestern coal, expanded global coal trading operations,
and stabilized operating costs," said Peabody Chairman and Chief
Executive Officer Gregory H. Boyce. "The strategies we put in
place will create meaningful additional value from our reshaped
asset base, leading marketing practices and global expansion."
Third quarter and year-to-date revenues grew to US$1.49 billion
and US$4.18 billion, respectively, on higher volumes in all
regions and improved pricing in the United States. Peabody
achieved record volumes of 68.5 million tons for the quarter and
191.9 million tons through nine months, with higher shipments
from nearly all United States operating regions and a near-
tripling of Australian volumes. Third quarter revenues per ton
grew 12 percent in the U.S., led by a 29 percent rise in premium
Powder River Basin sales realizations.
EBITDA for the quarter was US$210.9 million, as improved
contributions from U.S. mining operations were offset by
approximately US$95 million in impacts related to: lower
realized prices for metallurgical coal settled for the current
year; Australian demurrage and coal chain issues; and changes in
exchange rates. These results compare with EBITDA of
US$270.7 million in the prior year.
"Our operations had a solid performance this quarter, with
production running at higher levels in all regions and U.S.
margins per ton expanding 24 percent from the prior year," said
Chief Financial Officer and Executive Vice President of
Corporate Development Richard A. Navarre. "Our new and expanded
operations in Australia are benefiting from strong market
fundamentals and higher price realizations, putting us on pace
to deliver growing contributions in 2008 and beyond."
Peabody completed the tax-free spin-off of Patriot Coal on
Oct. 31, issuing a dividend of the Eastern U.S. subsidiary to
shareholders on a ratio of one share of Patriot Coal (NYSE: PCX)
for every 10 shares of Peabody. Patriot is now an independent
company. Its historical results for the nine months are
included in Peabody's results, except where noted otherwise, but
will be reflected in Peabody's year-end financial statements as
a discontinued operation. On a pro forma basis, Peabody's
revenues and EBITDA from continuing operations increased 12 and
8 percent, respectively, through nine months.
"The successful spin-off of Patriot completes a key business
strategy that had been evaluated, engineered and executed for
more than a year, with multiple benefits for Peabody," said Mr.
Boyce. "With this one act, Peabody has improved our operating
and geologic risk; enhanced our management and capital focus on
large, long-lived surface mines; reduced our legacy liabilities,
and further honed our asset base toward the highest-growth,
highest-margin markets in the United States and around the
world."
Net income was US$32.3 million, or US$0.12 per share, compared
with year-ago levels of US$142.0 million and US$0.53 per share.
Results include higher depreciation, depletion and amortization
and increased interest expense following last year's Australia
acquisition.
Safety and Reclamation
Peabody continues to be recognized for its industry-leading
practices in the areas of safety and reclamation, receiving
numerous awards during the quarter. The company's Farmersburg
Mine received the prestigious Sentinels of Safety award for the
nation's safest large coal mine and the Lee Ranch Mine was
recognized as the Safe Operator of the Year by the New Mexico
State Mine Inspector's office. In the areas of sustainability
and stewardship, the company was recognized for its ongoing
initiatives with five awards from the U.S. Department of the
Interior, including the Silver and Bronze Good Neighbor awards.
Global Markets
"The world's fastest-growing economies are relying on coal, and
global coal production is straining to keep pace with rising
demand," said Mr. Boyce. "Near term, record seaborne coal
demand is benefiting Peabody's Australian and Venezuelan coal
sales and enabling exports from our Illinois Basin operations.
This combines with growing U.S. coal demand and reduced supply
to also favorably impact U.S. Powder River Basin and Colorado
markets. Longer term, the world is experiencing a major
buildout of new generating plants and steel mills that will
drive coal growth even higher."
International Markets
Global supply-demand fundamentals continue to tighten, and
thermal coal prices in all seaborne markets have risen to new
records.
Published prices for Newcastle, Australia coal recently reached
US$80 per tonne, which is nearly US$35 per ton, or 74 percent,
higher than a year ago when Peabody completed its major
Australia acquisition.
Spot prices for metallurgical coal from Australia have also
reached new records, just as negotiations for the upcoming
fiscal year are beginning.
Peabody has 11 to 13 million tons of Australian coal production
available for pricing in 2008, more than half of which is
metallurgical coal. Peabody has 17 to 20 million tons of
Australian coal unpriced for 2009, approximately half of which
is metallurgical coal.
Australia rail and port congestion improved in the quarter but
remain above expectations. Persistent congestion has led port
operators to reduce fourth quarter throughput allocations for
all shippers. Vessel queues have declined by more than 35% at
Dalrymple Bay, to approximately 34 vessels. Vessel queues have
been cut nearly in half at Newcastle, and now stand at
approximately 38 vessels.
As expected, China remains a net importer for 2007 despite high
freight rates and record import coal prices. The Indian
government is considering raising coal imports due to growing
shortages of thermal coal, with one-third of generators below
the seven-day level for stockpiles. India's current
metallurgical coal import position of 25 million tonnes per year
is expected to double by 2012. Russia is expected to reduce
metallurgical coal exports near term and retain more thermal
coal for domestic generation over the long term.
The benchmark API 2 financial market for delivered coal into
Europe has soared to US$125 per tonne in recent weeks, implying
prices of US$75 per tonne or more at the ports in South America,
the U.S. Gulf of Mexico or South Africa. Peabody expects to
sell nearly 30 million tons of coal in the seaborne markets in
2007, excluding exports from Patriot Coal, and this is expected
to increase in future years.
Coal's long-term demand profile continues to improve, as the
world's fastest-growing economies continue to develop coal-
fueled electricity generating plants. More than 157,000 MW of
coal-fueled generation is under construction around the world,
representing 550 million tons of annual coal use.
U.S. Domestic Markets
In the United States, strong late summer and fall electricity
generation led to a much greater decline in third quarter
stockpiles than the prior year. The U.S. Energy Information
Administration now projects year-end 2007 coal inventories of
approximately 140 million tons, which is 10 million tons lower
than 2006. U.S. exports of both steam and metallurgical coal
have increased in 2007 while imports have tapered off. Peabody
believes that U.S. coal exports will further expand in the
fourth quarter of 2007 and through 2008, while imports are
expected to decline. This could further tighten U.S. markets
significantly and result in a tripling of U.S. net exports over
a two-year period, from 13 million tons in 2006 to 35 to 40
million tons in 2008.
Reference Powder River Basin and Central Appalachian coal
products have seen published prices for 2009 delivery improve 68
and 40 percent, respectively, over prompt-delivery prices at the
beginning of 2007.
During the quarter, Peabody priced 17 million tons of U.S.
production for 2008 deliveries. Through nine months, the
company has committed to 66 million tons of premium Powder River
Basin coal for delivery in future years at prices 45 percent
above realized 2006 levels.
Taking into account the Patriot Coal spin-off, Peabody has 15 to
20 million tons of planned U.S. production remaining unpriced
for 2008 and 80 to 90 million tons unpriced for 2009.
Longer term, a large number of clean, new coal-fueled generating
plants are advancing in the United States, while some others are
deferred or cancelled. In the largest new coal-fueled plant
buildout in the past several decades, 45 units are new, under
construction or in late-stage development in 21 states. This
represents 23,900 MW of capacity and approximately 100 million
tons of annual coal use. Eleven of these units have begun
construction in 2007. Development of clean coal-fueled
generation is essential to limit electricity shortages and price
increases. Recent data demonstrates that power prices are
rising at record pace, and the North American Electric
Reliability Council recently warned that electricity demand
continues to grow faster than expected supply.
Project Updates
Peabody made significant progress toward reshaping its global
earnings base and operating portfolio to target high-growth
markets and ongoing productivity improvements.
Major International Projects
* Ramping up of new mines in Australia allowed Peabody to
increase Australia sales by 24 percent from the second quarter
of 2007, and nearly triple prior-year sales. The company has
recently started operations at the high-quality thermal export
North Wambo Underground Mine.
* Peabody is the second-largest shareholder in the Newcastle
Coal Infrastructure Group (NCIG), which is in the early stages
of development for a dedicated port facility. The port would
provide Peabody with additional dedicated throughput of more
than 5 million tons per year in the first phase over existing
Newcastle entitlements. Final determination to proceed with
construction is expected to occur in the first half of 2008.
Major U.S. Projects
* A new in-pit conveyor system, equipment redeployment and other
upgrades at Powder River Basin operations lowered energy costs
and improved throughput. Construction continues on a new coal
blending and loadout facility at North Antelope Rochelle to
optimize quality premiums and improve storage capacity.
* Preliminary site development for the El Segundo Mine in New
Mexico was completed in the third quarter, and construction
for the coal handling structures began in October. El Segundo
remains on track to begin production in the second half of
2008 to serve long-term contracts with Southwestern U.S. power
generators.
* The Prairie State Energy Campus equity partners have completed
financial closing and given Bechtel Power Corporation notice
to proceed to full-scale construction for the planned 1,600 MW
supercritical power plant. The project is fully subscribed by
equity partners. Peabody will retain a 5 percent ownership
position in the plant, the first unit of which is expected to
begin generation in 2011.
* Peabody and ConocoPhillips have selected Kentucky as the state
to pursue development of a major commercial-scale coal-to-gas
facility. The companies are conducting a feasibility study
for a mine-mouth gasification project using ConocoPhillips
proprietary E-GAS(TM) technology. The facility would annually
produce 50 to 70 billion cubic feet of pipeline-quality
natural gas, representing more than 1.5 trillion cubic feet of
gas over a 30-year project life.
Outlook
Peabody is maintaining full-year 2007 targets, excluding
discontinued operations related to the Patriot Coal spin-off.
Year 2007 produced volumes from continuing operations are
targeted to be 215 to 220 million tons with sales of 235 to 245
million tons. Full-year EBITDA from continuing operations is
now targeted to be US$900 million to US$1,000 million with
earnings per share of US$1.50 to US$1.75.
Peabody's end-of-year results will report Patriot Coal as a
discontinued operation. Peabody's full-year targets from
continuing operations exclude results related to Patriot Coal,
and a one-time after-tax charge related to the spin-off that is
currently estimated to be approximately US$150 million.
About Peabody Energy
Headquartered in St. Louis, Missouri, Peabody Energy Corporation
(NYSE: BTU) -- http://www.peabodyenergy.com/-- is the world's
largest private-sector coal company, with 2005 sales of 240
million tons of coal and US$4.6 billion in revenues. Its coal
products fuel 10% of all U.S. and 3% of worldwide electricity.
The company has coal operations in Australia and Venezuela.
* * *
As reported in the Troubled Company Reporter on Mar. 9, 2007,
Moody's Investors Service reported that, after the adoption of
final guidelines for preferred stock and hybrid securities
notching, it downgraded Peabody Energy Corporation's hybrid
instrument to Ba3. Moody's placed the instrument on review for
downgrade.
PINNACLE INTERIORS: Declares Dividend for Priority Creditors
------------------------------------------------------------
Pinnacle Interiors Pty Ltd, which is in liquidation, declared
dividend for its priority creditors on October 31, 2007.
Creditors who were not able to file their proofs of debt by the
October 30 due date were excluded from the company's dividend
distribution.
The company's liquidator is:
Kenneth J. Stout
Grosvenor Chambers
Level 3, 1 Collins Street
Melbourne, Victoria 3000
Australia
Telephone:(03) 9665 0455
Facsimile:(03) 9665 0427
About Pinnacle Interiors
Pinnacle Interiors Pty Ltd, which is also trading as Ward &
Sons, is involved with carpentry work. The company is located
at Oakleigh South, in Victoria, Australia.
================================
C H I N A & H O N G K O N G
================================
APEX MIGHT: Court to Hear Wind-Up Petition on January 2
-------------------------------------------------------
The High Court of Hong Kong will hear a petition to have Apex
Might Enterprises Limited's operations wound up on January 2,
2007, at 9:30 a.m.
The petition was filed on October 15, 2007, by the incorporated
owners of Bright View Court.
The petitioners' solicitor can be reached at:
Raymund T.L. Tse&Co.
Units C & D, 21st Floor
World Tower Trust
50 Stanley Street, Central Hong Kong
ASIA FOCUS: Members Appoint Liquidators
---------------------------------------
The members of Asia Focus International Holdings Limited, on
October 12, 2007, appointed Lai Kar Yan and Derek E. Haughey as
the company's liquidators.
The Liquidators can be reached at:
Messrs. Lai Kar Yan
Derek E. Haughey
Deloitte Touche Tomatsu
35th Floor One Pacific Place
88 Queensway, Hong Kong
BEARCOLE LIMITED: Creditors' Proofs of Debt Due on November 23
--------------------------------------------------------------
The creditors of Bearcole Limited, which is in liquidation, are
required to file proofs of debt by November 23, 2007, in order
to be included in the company's dividend and distribution.
The company's liquidator is:
Stephen Briscoe
7th Floor,
Allied Kajima Building
138 Gloucester Road, Hong Kong
BEAR COMPANY: Creditors' Proofs of Debt Due on November 23
---------------------------------------------------------
The creditors of Bear Company (Hong Kong) Limited, which is in
liquidation, are required to file proofs of debt by November 23,
2007, in order to be included in the company's dividend
distribution.
The company's liquidator is:
Stephen Briscoe
7th Floor,
Allied Kajima Building
138 Gloucester Road, Hong Kong
BENQ CORP: Eyes Business Expansion in the Philippines
-----------------------------------------------------
BenQ Corp. plans to expand its business in the Philippines,
hoping to carve out a niche market first in LCD projectors and
monitors, the Philippine Daily Inquirer reports.
According to Lawrence Casiraya of the Inquirer, BenQ introduced
in a media gathering last week its manager for the Philippines,
Steve Lin, who assumed his post in June.
In an interview with the paper, Mr. Lin said that the company
has been focused on growing its LCD projector and monitor
business since entering the market two years ago. "Based on
market figures, we're now the No. 4 vendor in LCD projectors,"
Mr. Lin said, behind other vendors like InFocus and Toshiba.
"This has also been our company's thrust in the region. We're
trailing Epson right now in the LCD monitor market in Asia
Pacific," Mr. Lin added.
The report recounts that BenQ had earlier introduced laptops and
digital cameras which, according to Mr. Lin, will be officially
distributed sometime in 2008.
At present, the Inquirer notes, BenQ has two local distributors
and plans to appoint more to carry other products. Moreover,
Mr. Lin said that once revenues hit more than PHP1 million a
month, probably by the second quarter in 2008, the company will
set up a local office.
About BenQ
Headquartered in Taiwan, Republic of China, BenQ Corp., Inc.
-- http://www.benq.com/-- is principally engaged in
manufacturing developing and selling of computer peripherals and
telecommunication products. It is also a major provider of 3G
handset, camera phones, and other products.
In June 2007 the company announced that it will change its name
to Qisda.
BenQ Mobile GmbH & Co., the company's German-based wholly owned
subsidiary, filed for insolvency in Munich on Sept. 29, 2006,
after BenQ Corp.'s board decided to discontinue capital
injection into the mobile unit in order to stem unsustainable
losses. The collapse follows a year after Siemens sold the
company to Taiwanese technology group BenQ.
BenQ Mobile has lost market share against giant competitors. A
Munich Court opened insolvency proceedings against BenQ Mobile
GmbH & Co OHG on Jan. 1 after Mr. Prager failed to secure a
buyer for the company by the Dec. 31, 2006 deadline.
* * *
The Troubled Company Reporter-Asia Pacific reported on Dec. 5,
2006, that Taiwan Ratings Corp., assigned its long-term twBB+
and short-term twB corporate credit ratings to BenQ Corp.
The outlook on the long-term rating is negative. At the same
time, Taiwan Ratings assigned its twBB+ issue rating to BenQ's
existing NT$7.05 billion unsecured corporate bonds due in 2008,
2009, and 2010.
The ratings reflect BenQ's continuing operating losses from its
handset operations and high leverage, and the competitive nature
and low profitability of the LCD monitor industry.
CHINA SOUTHERN AIRLINES: To Join SkyTeam Alliance
-------------------------------------------------
China Southern Airlines Company Limited (SHSE: 600029: SEHK:
1055) will join SkyTeam Alliance on November 15, 2007,
TradingMarkets.com relates.
According to the report, SkyTeam is one of the three
international aviation alliances.
TradingMarkets recounts that China Southern signed a letter of
intent regarding a membership with SkyTeam in 2004 and, on
June 28, 2006, signed a Global Airline Alliance Adherence
Agreement with SkyTeam, in preparation for the entry. The
airline signed agreements with members of the alliance by the
end of October 2007.
SkyTeam has 10 members, including Air France, Delta Air Lines
and Korean Air, with total fleet of over 2,000 aircrafts, the
report explains. Around 15,000 flights are launched per day to
728 destinations in 149 countries and territories.
The report says that after joining in the aviation alliance,
China Southern Airlines can share codes with other members and
expand its route network with low cost and higher passenger load
factor. China Southern will carry out a series of activities in
favor of passengers on the day of its entry into the alliance.
Headquartered in Guangzhou, China, China Southern Airlines Co.
Ltd. -- http://www.cs-air.com-- engages in the operation of
airlines, as well as in aircraft maintenance and air catering
operations in the People's Republic of China and
internationally. It provides commercial airlines, cargo
services, logistics operations, air catering, utility service,
hotel operation, travel services, aircraft leasing, and Internet
services.
On May 1, 2006, Fitch Ratings downgraded China Southern Airlines
Company Limited's Foreign Currency and Local Currency Issuer
Default Ratings to B+ from BB-.
The Troubled Company Reporter-Asia Pacific reported in April
2006 that the carrier posted a net loss of CNY1.85 billion for
2005 versus a net loss of CNY48 million a year earlier.
CHINA SPORTS: Court to Hear Wind-Up Petition on December 5
----------------------------------------------------------
The High Court of Hong Kong will hear on December 5, 2007, at
9:30 a.m. a petition seeking to have China Sports and
Entertainment Limited's operations wound up.
The petition was filed by Fung Hing Lun William on September 24,
2007.
COSMOS BANK: Incurs TWD9-Bil. Net Loss for 2007 9-Month Period
--------------------------------------------------------------
Cosmos Bank Taiwan reported a net loss TWD8.98 billion for the
first nine months of 2007, 62.67% higher than the
TWD5.52-billion net loss reported for the first nine months of
2006.
The loss marks another one of the bank's consecutive losses
after mounting bad debts, which pushed it into the red starting
in the first quarter of 2006.
The bank's net interest income totaled TWD6.22 billion for the
nine months ended Sept. 30, 2007.
Headquartered in Taipei, Taiwan, Cosmos Bank, Taiwan --
http://www.cosmosbank.com.tw/-- provides financial services for
individuals and small and medium-sized enterprises in Taiwan.
The Troubled Company Reporter-Asia Pacific reported on Sept. 4,
2007, that Cosmos Bank inked a memorandum of understanding with
SAC Private Capital Group LLC and General Electric Co., wherein
SAC Capital and GE will pay a combined US$900 million for a
majority stake in the bank. The report adds that Susan Chang,
spokesperson of the Financial Supervisory Commission, said that
Cosmos will sell the stake at TWD2.00 (US$0.06) per share,
representing a 63% discount from its August 31-close trading
price of TWD5.47.
HI-TECH: James Wardell, Jackson IP Appointed as Liquidators
-----------------------------------------------------------
The members of Hi-Tech Wealth Group Limited, on August 9, 2007,
appointed James Wardell and Jackson IP as the company's
liquidators.
The Liquidators can be reached at:
James Wardell
Jackson IP
Horwarth Corporate Advisory Services Limited
1601-1602 6th Floor
Causeway Bay, Hong Kong
KUEN KEE: Court to Hear Wind-Up Petition on December 19
-------------------------------------------------------
The High Court of Hong Kong will hear on December 19, 2007, at
9:30 a.m. a petition to have Kuen Kee Kwok Wing Stevedore
Limited's operations wound up.
The petition was filed on October 10, 2007, by the Director of
Legal Aid of the Legal Aid Department, Steve F. Wong.
SCS LIMITED: Court to Hear Wind-Up Petition on December 12
----------------------------------------------------------
The High-Court of Hong Kong will hear on December 12, 2007, at
9:30 a.m., a petition to have SCS (Asia Pacific) Limited's
operations wound up.
The petition was filed by Ng Pok Chung on September 28, 2007.
SILICONWARE PRECISION: Third Qtr. Net Income Increases to TWD5BB
----------------------------------------------------------------
Siliconware Precision Industries Co., Ltd., announced that its
sales revenues for the third quarter 2007 was TWD17,909 million,
representing 17.6% sequential growth quarter-on-quarter and
22.6% growth compared to the same period of year 2006.
SPIL reported a net income of TWD5,057 million in 3Q 2007,
compared with a net income of TWD3,830 million in 2Q 2007 and a
net income of TWD3,136 million in 3Q 2006.
SPIL reported its sales revenues for the nine-month period ended
Sept 30, 2007, were TWD46,893 million, up 12.5% compared to the
same period of year 2006.
For the nine-month period ended Sept 30, 2007, net income was
TWD12,720 million, compared with a net income of TWD9,452
million for the same period of year 2006.
Diluted earnings per ordinary share for the nine-month period
ended Sept 30, 2007 was TWD4.20, or diluted earnings per ADS of
US$0.64.
Unconsolidated 3Q 2007 Financial Results
-- Net revenue was TWD17,909 million, in which TWD16,329 million
was from assembly business and TWD1,580 million was from
testing business.
-- Cost of goods sold was TWD12,225 million, and gross profit
was TWD5,684 million, representing a gross margin of 31.7%.
-- Operating expenses were TWD795 million, including selling
expenses of TWD208 million, administrative expenses of
TWD271 million, and R & D expenses of TWD316 million.
-- Operating profit was TWD4,889 million, representing an
operating margin of 27.3%.
-- Net income was TWD5,057 million.
-- Diluted earnings per ordinary share for this quarter was
TWD1.66, or diluted earnings per ADS of US$0.25. Total
weighted average outstanding ordinary shares-diluted for 3Q
2007 were 3,039 million shares.
Capital Expenditure
-- Capital expenditure in 3Q 2007 totaled TWD4,122 million, in
which TWD3,269 million were spent on assembly equipment, and
TWD853 million were spent on testing equipment.
-- The depreciation expenses in 3Q 2007 were TWD1,881 million,
in which TWD1,275 million were from assembly business and
TWD606 million were from testing business.
Assembly Operation
-- Substrate products revenues accounted for 49% of total
revenues, remaining flat from previous quarter; wafer bumping
and FCBGA accounted for 11%, remaining flat from previous
quarter; lead frame products revenues accounted for 29%,
remaining flat from previous quarter.
Testing service generated 9% of total revenues in 3Q 2007.
Siliconware Precision Industries Ltd. -- at
http://www.spil.com.tw-- is a leading provider of comprehensive
semiconductor assembly and test services.
The company's long-term foreign and local issuer credit carries
Standard and Poors' BB+ rating since Dec. 5, 2006.
SILICONWARE PRECISION: Expects More Sales in Fourth Quarter 2007
----------------------------------------------------------------
Siliconware Precision Industries Co. Ltd. expects its fourth-
quarter sales to grow 2%-5% from the previous quarter after it
reported a 61% rise in third-quarter profits, Reuters reports.
Siliconware Precision also expects its operating profit margin
to be at 25%-27% in the fourth quarter, Reuters relates, citing
Siliconware Chairman Bough Lin.
Mr. Lin said that the company expected average selling prices to
drop slightly in the fourth quarter from the third, and that it
would cut its capex to TWD10 billion next year from this year's
TWD10.4 billion, the report says.
Siliconware Precision Industries Ltd. -- at
http://www.spil.com.tw-- is a leading provider of comprehensive
semiconductor assembly and test services.
The company's long-term foreign and local issuer credit carries
Standard and Poors' BB+ rating since Dec. 5, 2006.
SILICONWARE PRECISION: Divests Sigurd Microelectronics Shares
-------------------------------------------------------------
Siliconware Precision Industries Co. Ltd will sell 13,505,000
shares of Sigurd Microelectronics Corporation, at a price of
TWD22.49 per share, Reuters Key Developments reports.
No further details were provided by the report.
Siliconware Precision Industries Ltd. -- http://www.spil.com.tw
-- is a leading provider of comprehensive semiconductor assembly
and test services.
The company's long-term foreign and local issuer credit carries
Standard and Poors' BB+ rating since Dec. 5, 2006.
TACHAN SECURITIES: To Sell Tichung Branch to Ta Chong Securities
----------------------------------------------------------------
Tachan Securities Co. Ltd. will sell its Taichung branch to Ta
Chong Securities Co Ltd., Reuters Key Developments reports.
No further detail regarding the sale was provided.
Tachan Securities Co., Ltd. -- http://www.tachan.com.tw/-- is a
Taiwan-based company engaged in the security brokerage and self-
proprietary business.
The Troubled Company Reporter-Asia Pacific reported on May 22,
2007, that Fitch Ratings affirmed its long-term issuer default
rating for Tachan Securities Co. Ltd. at BB, and its short-term
foreign currency rating at B.
TIN LOK: Court to Hear Wind-Up Petition on December 5
-----------------------------------------------------
The High-Court of Hong Kong will hear on December 5, 2007, at
9:30 a.m., a petition to have Tin Lok Transportation (HK)
Limited's operation wound up.
Chiu Tzs Ho filed the petition on September 24, 2007.
TUNG HING: Members Agree to Liquidate Business
----------------------------------------------
At an extraordinary general meeting held on October 23, 2007,
the members of Tung Hing Instruments Company Limited resolved to
voluntarily liquidate the company's business.
The members appointed Chung Kit Ling Elaine as liquidator.
The Liquidator can be reached at:
Chung Kit Ling Elaine
3201-02, 32nd Floor, Alexandra House
16-20 Chater Road, Central Hon Kong
=========
I N D I A
=========
BALLY TECH: Fitch Affirms Issuer Default Rating at B-
-----------------------------------------------------
Fitch Ratings has upgraded Bally Technologies' secured bank debt
rating and affirmed Bally's Issuer Default Rating as:
-- Secured bank credit facility upgraded to 'B/RR3' from
'B-/RR4';
-- Issuer Default Rating affirmed at 'B-'.
The secured credit facility comprises a term loan with US$308
million outstanding and a US$75 million revolver, which was
undrawn as of June 30, 2007.
Fitch has revised the Rating Outlook on Bally Technologies to
Stable from Negative.
The Rating Outlook revision reflects Bally's significant
progress in terms of its operating performance and its financial
restatements. If those trends were to continue over the next
couple quarters, Fitch anticipates that additional positive
rating actions could occur.
The rating actions are based on Bally's significantly improved
product pipeline and solid acceptance of the Alpha platform over
the past two years, which is generating meaningful improvement
in its financial performance. On Nov. 1, Bally announced its
fiscal 4Q'07 and fiscal year 2007 (period ending June 30)
results and reiterated its expectations for fiscal year 2008,
which were initially given on Aug. 21, 2007. Driven by the
improved product platform, Bally generated 26% revenue growth to
US$682 million in fiscal year 2007 and expects 21-22% growth in
fiscal year 2008 to more than US$830 million.
Reported adjusted EBITDA increased to US$138.5 million in fiscal
year 2007 from US$49.6 million in fiscal year 2006. Bally's
leverage ratio according to its credit facility as of
June 30, 2007, was 2.17 versus a maximum allowable of 3.75,
which declines to 3.50 as of Sept. 30, 2007. Bally's credit
profile has improved dramatically fueled by the improving
operating profile. As of June 30, 2007, Bally had roughly US$37
million in debt maturities through fiscal year 2009,
unrestricted cash balances of US$40.8 million (up from US$12.4
million as of Dec 31, 2007), an untapped US$75 million credit
revolver, and a somewhat flexible capex budget.
Tempering the financial improvement is the fact that Bally has
been under investigation by the Securities and Exchange
Commission since 2005 and has been untimely with its SEC
filings. In its most recent audited financial statements Bally
continues to note material weaknesses in internal controls over
financial reporting, with revenue recognition and inventory
valuation among the most significant items. While these items
continue to be concerns that weigh on Bally's credit ratings,
Fitch notes that Bally has made significant strides over the
past 12 months with its restatements and becoming current on its
filings. Bally has been restating its financial results and
filed its fiscal 4Q07 10Q and fiscal 2007 10K on Nov. 2, 2007,
and has now filed three 10Ks and six 10Qs within the last 12
months. However, Bally expects to miss the Nov. 9, 2007
deadline to file its fiscal 1Q08 10Q.
An additional concern centers around how Bally will fare when
the industry enters a new technology-driven upturn in the next
12-24 months with the onset of server-based gaming, which could
benefit Bally as well as the other major players including IGT,
WMS, and Aristocrat.
While competition has increased since the peak of the last
cycle, IGT is likely to remain the dominant player, in Fitch's
view, because it has the most financial resources, the broadest
product pipeline, and the largest sales/marketing team. Fitch
believes Bally's improved financial position and operational
turnaround should help it to compete in the next cycle, but
maintenance of Bally's recent market share gains could become
more challenging.
The Recovery Ratings and notching reflect Fitch's recovery
expectations under a distressed scenario. Bally's Recovery
Ratings reflect Fitch's expectation that the enterprise value of
the company, and hence recovery rates for its creditors, will be
maximized in a restructuring scenario (going concern), rather
than a liquidation given Bally's limited tangible asset base.
An 'RR3' recovery rating reflects Fitch's belief that 51-70%
recovery, including the assumption of a fully drawn revolver, is
possible under a distress scenario.
Headquartered in Las Vegas, Nevada, Bally Technologies, Inc.
(NYSE: BYI) -- http://www.BallyTech.com/-- designs,
manufactures, operates, and distributes advanced gaming devices,
systems, and technology solutions worldwide. Bally's product
line includes reel-spinning slot machines, video slots, wide-
area progressives and Class II lottery and central determination
games and platforms. Bally Technologies also offers an array of
casino management, slot accounting, bonus, cashless, and table
management solutions. The company also owns and operates
Rainbow Casino in Vicksburg, Mississippi. The company's South
American operations are located in Argentina. The company also
has operations in Macau, China, and India.
BALLY TECH: Teams Up with Teradata To Provide Business Services
---------------------------------------------------------------
Bally Technologies Inc. and Teradata Corporation will work
together to provide solutions based on the new Bally Business
Intelligence solution integrated with the Teradata(R) Warehouse.
With Bally's expertise in casino systems and slot networks,
along with Teradata's enterprise data warehouse leadership,
mutual customers will benefit from optimized slot operations,
better analysis and management of customer relationships and
more robust marketing strategies. They will also gain new
insight into the overall profitability of the business. Some
mutual customers include Harrah's Entertainment, Mohegan Tribal
Gaming Authority, Silverton Casino and Spotlight 29 Casino.
Bally Technologies needed a technology partner that could
provide deeper customer understanding to leverage its enterprise
data visualization. In addition, Bally needed to enhance
reporting capabilities and performance analytics on a platform
that could support their growing user requirements for more
sophisticated analytics.
Enterprise Data Warehouses produced by Teradata analyze business
operations to drive smarter, faster decisions by providing a
complete view of the business and the agility to create a
sustainable competitive advantage. Teradata provides
integrated, optimized and extensible technology for a single
application-neutral repository of a company's current and
historical data, forming the framework of the business
intelligence architecture.
Bally Technologies chose to partner with Teradata to better
serve its customers by providing them information in a
centralized environment. This data can then be analyzed and
presented to the business users as a series of static- or
active-data visualizations that show how the business is
performing. These visualizations allow decision-makers to make
accurate business assessments and adjustments to positively
affect customer entertainment experiences and operational
results.
"The Bally BI strategy is to bring our customers the best
technology solutions, and Teradata brings to our portfolio a
world-class pedigree in data warehousing and CRM applications,"
said Bruce Rowe, senior vice president of strategy and business
development for Bally Technologies.
"Both Bally Technology and Teradata recognize the importance of
leveraging detailed data to drive customer understanding,
satisfaction and a process of continuous business improvement.
The Teradata and Bally Business Intelligence Solution provides
the power of advanced visual space analytics to the casino
management team, enabling them to operationalize their data
warehouse," said Dave Porter, director of hospitality and gaming
for Teradata.
Teradata and Bally Technologies will be exhibiting and
demonstrating the integrated solution at the Global Gaming Expo
show in Las Vegas from Nov. 13 through Nov. 15 in booth numbers
522 and 524 respectively.
About Teradata
Teradata Corporation (NYSE:TDC) -- http://www.teradata.com/
-- is the world's largest company solely focused on raising
intelligence through data warehousing and enterprise analytics.
Teradata is in more than 60 countries.
About Bally Technologies
Headquartered in Las Vegas, Nevada, Bally Technologies, Inc.
(NYSE: BYI) -- http://www.BallyTech.com/-- designs,
manufactures, operates, and distributes advanced gaming devices,
systems, and technology solutions worldwide. Bally's product
line includes reel-spinning slot machines, video slots, wide-
area progressives and Class II lottery and central determination
games and platforms. Bally Technologies also offers an array of
casino management, slot accounting, bonus, cashless, and table
management solutions. The company also owns and operates
Rainbow Casino in Vicksburg, Mississippi. The company's South
American operations are located in Argentina. The company also
has operations in Macau, China, and India.
* * *
As reported in the Troubled Company Reporter-Latin America on
Nov. 7, 2007, Standard & Poor's Ratings Services has raised its
corporate credit and senior secured debt ratings on Bally
Technologies Inc. to 'B+' from 'B-'. Concurrently, S&P revised
the CreditWatch implications to positive from developing.
ITI LTD: Tejbir Singh Replaces Pritam Singh as Director-Mktng
-------------------------------------------------------------
ITI Ltd's Pritam Singh is relieved from his Director- Marketing
post effective Oct. 31, 2007, on the superannuation of his term.
To replace him, the government of India appointed Tejbir Singh ,
who assumed office on Nov. 1, 2007.
ITI Limited -- http://www.itiltd-india.com/default.htm-- is a
telecom company, which manufactures a range of telecom
equipment, including switching products; transmission systems,
such as satellite communication systems, optical line
terminating equipments and digital microwave systems; access
products, such as fixed wireless local loop systems and digital
local loop carriers; terminal equipment, such as telephones,
integrated services digital network products and video
conferencing systems; microelectronic products and software;
information technology products and telecom products for the
defense sector, and other products, including solar power
systems and bank mechanizing products. It also provides value-
added services, such as shared hub very-small aperture terminal
services, and public mobile radio trunked services and
turnkey solutions. Its customers include The Department of
Telecommunications, defense, railways, oil sector and corporates
in India, and certain African and South Asian nations.
* * *
As reported in the Troubled Company Reporter-Asia Pacific on
Apr. 23, 2007, Credit Analysis & Research Ltd. revised the
rating assigned to the 'L' series long term bond issue of ITI
Limited to CARE D (SO) [Single D (Structured Obligation)] from
CARE AAA (SO) [Triple A (Structured Obligation))] with Credit
Watch. The rating revision took into account the delay in the
interest payment of the above said bond issue.
The TCR-AP reported on Nov. 3, 2006, that Fitch Ratings assigned
final National ratings of 'D(ind)(SO)' to ITI's INR550 million
'J-1' Series long-term bonds.
ITI has incurred losses for at least two consecutive years --
INR4.12 in FY2006-07 and INR4.51 billion in FY2006-06. The
company is a sick company as per provisions of India's Sick
Industrial Companies Act 1985.
JIK INDUSTRIES: Earns INR308 Mln. in Quarter Ended Sept. 30
-----------------------------------------------------------
JIK Industries Ltd turned around in the quarter ended Sept. 30,
2007, with a net profit of INR307.75 million after incurring
consecutive quarterly losses since the January to March quarter.
In July-Sept. 2006, the company also booked a loss of
INR18.06 million.
As reported by the Troubled Company Reporter-Asia Pacific on
Oct. 4, the company has completed a one-time settlement and
exited from Corporate Debt Restructuring. Pursuant to the CDR
package, the company is entitled to a debt waiver and reduction
of loan interest rate to 9%.
Compared to the same period in 2006, the company's interest
charges in the three months ending Sept. 30, 2007, went down 94%
to INR780,000. Total income jumped to INR1.14 million from
INR70,000. Operating expenses, however, more than doubled from
INR2.08 million to INR4.47 million, bringing the latest
quarter's operating loss to INR3.33 million.
Despite the operating loss, the bottom line turned positive with
the extraordinary items of INR313.59 million.
A copy of JIK Industries' financial results for the quarter
ended Sept. 30, 2007, is available for free at:
http://ResearchArchives.com/t/s?2546
Headquartered in Mumbai, India, JIK Industries Limited --
http://www.jikindustriesltd.com/-- manufactures handmade
non-lead crystalware segment and is the only organized player in
the country. JIK's products also include crystal glassware such
as, glass tumblers, bowls, stemware, showpieces, and vases,
manufactured at Balkum, Thane, Maharashtra. The company
collapsed following accidents at its chemical waste recycling
plant and at its crystal-making unit. The company, which had
diversified interests -- crystal making, money changing and
chemical waste recycling -- was forced to exit the money
changing business after its net worth was eroded, and pursuant
to the Reserve Bank of India stipulations.
* * *
This concludes the TCR-AP's coverage of JIK Industries until
facts and circumstances, if any, emerge that demonstrate
financial or operational strain or difficulty at a level
sufficient to warrant renewed coverage.
=================
I N D O N E S I A
=================
ADES WATERS: Discloses Restructuring Plan, To Lay Off Workers
-------------------------------------------------------------
PT AdeS Waters Indonesia Tbk plans to lay off employees and
close facilities and sales offices pursuant to a restructuring
plan, Reuters Investing Keys reports.
According to the report, the company has has been suffering
losses for the past few years due to increasing cost of
production. On Oct. 29, 2007, the company disclose a
restructuring plan that proposes to:
-- close three production facilities in Pandeglang, Sengon
and Benda;
-- shut down six sales offices in Bandung, Sunter, Lenteng
Agung, Karawang, Bogor and Rungkut; and
-- lay off about 1,050 workers.
Reuters Keys adds that Ades Waters will shift the distribution
of water product produced in the three facilities to third-party
distributors.
Headquartered in Jakarta, Indonesia, PT Ades Waters Indonesia
Tbk is a water bottling and distribution company.
Ades Waters' balance sheet as of November 9, 2007, showed total
assets of US$21.35 million and total liabilities of
US$30.28 million, resulting to a shareholder's deficit of
US$8.93 billion.
ADES WATERS: To Offer 440.2 Million Shares at IDR1,000 Each
-----------------------------------------------------------
PT AdeS Waters Indonesia Tbk will offer 440,280,000 shares at
the price of IDR1,000 each, Reuters Investing Keys reports.
According to the report, the shares will be sold through a
rights issue in the ratio of 294 new shares to 100 existing
shares to raise a total amount of IDR440,280,000,000.
The subscription and payment period, the report says, will be
from December 7 to 13, 2007, for shareholders of record on
December 5, 2007.
Headquartered in Jakarta, Indonesia, PT Ades Waters Indonesia
Tbk is a water bottling and distribution company.
Ades Waters' balance sheet as of November 9, 2007, showed total
assets of US$21.35 million and total liabilities of
US$30.28 million, resulting to a shareholder's deficit of
US$8.93 billion.
GARUDA INDONESIA: Fuel Charged Up 30% Amid Oil Price Increase
-------------------------------------------------------------
PT Garuda Indonesia increased fuel surcharge by up to 30% due to
the rise of global oil prices, People Daily Online reports.
Purnomo Yusgiantoro, minister of energy and mineral resources,
told China Economic that the average Indonesian crude oil price
already hit US$72/barrel, far above the projected US$60/barrel
in the state budget.
People Daily says that the surcharge will increase to IDR100,000
per passenger on domestic flights from the current IDR70,000,
and to between US$70 and US$80 dollars from previously US$60 on
international flights.
Garuda President Director Emirsyah Satar, People Online relates,
said the imposing of fare hikes took effect on Nov. 1. The
increase was inevitable because fuel accounted for some 50% of
total costs in the industry, he added.
China Economic notes Mr. Yusgiantoro as saying that the
government allocates subsidies for transport fuel products but
allows market pricing for high-octane fuel products, fuel for
industrial uses and for export sales.
About Garuda Indonesia
Headquartered in Jakarta, Indonesia, government-owned airline PT
Garuda Indonesia -- http://www.garuda-indonesia.com/--
currently has a fleet of about 77 aircraft offering service to
some 27 domestic and 33 international destinations. Under its
Citilink brand, it serves 10 other domestic routes. Garuda also
ships about 200,000 tons of cargo a month and operates a
computerized tracking system.
The Troubled Company Reporter-Asia Pacific reported on Sep. 6,
2007, that Garuda, saddled with a debt of around US$750 million
including some US$475 million owed to the European Credit
Agency, is in negotiations with creditors to restructure some of
its debt. The carrier's debt needs to be restructured,
otherwise Garuda will not be able to fly anymore as its debt is
too big, the report added.
The airline was affected by plunging arrivals on the resort
island of Bali, where tourists have been killed in bomb attacks
in 2002 and 2005. It has also suffered from soaring global oil
prices, a weakening of the Indonesian rupiah and rising interest
rates. Garuda is concentrating its efforts on repaying its debt
with foreign creditors under the European Credit Agency, which
was due on Dec. 31, 2005.
The company, until November 2006, suffered an unaudited loss of
IDR390 billion, which was lower than the IDR672 billion,
recorded in the same period the year before.
Garuda is currently undergoing debt restructuring. The Troubled
Company Reporter-Asia Pacific reported on December 20, 2006,
that in line with the airline's debt restructuring, it continues
to consistently pay debt interest.
GARUDA : Partners with Virgin Blue for Interline Agreement
----------------------------------------------------------
PT Garuda Indonesia partnered with Virgin Blue for interline
agreement, BTN News reports.
This new arrangement between the two companies, the report
relates, will make the flight for Australian travelers to
Indonesia easier by utilizing a range of through-fares to Bali.
The interline agreement, which will start November 24, will let
passengers travel from any destination on the Virgin Blue
Australian network to connect with Garuda Indonesia flights
departing Darwin, Perth, Sydney and Melbourne to Denpasar and
Jakarta and return, the report notes.
Headquartered in Jakarta, Indonesia, government-owned airline PT
Garuda Indonesia -- http://www.garuda-indonesia.com/--
currently has a fleet of about 77 aircraft offering service to
some 27 domestic and 33 international destinations. Under its
Citilink brand, it serves 10 other domestic routes. Garuda also
ships about 200,000 tons of cargo a month and operates a
computerized tracking system.
The Troubled Company Reporter-Asia Pacific reported on Sep. 6,
2007, that Garuda, saddled with a debt of around US$750 million
including some US$475 million owed to the European Credit
Agency, is in negotiations with creditors to restructure some of
its debt. The carrier's debt needs to be restructured,
otherwise Garuda will not be able to fly anymore as its debt is
too big, the report added.
The airline was affected by plunging arrivals on the resort
island of Bali, where tourists have been killed in bomb attacks
in 2002 and 2005. It has also suffered from soaring global oil
prices, a weakening of the Indonesian rupiah and rising interest
rates. Garuda is concentrating its efforts on repaying its debt
with foreign creditors under the European Credit Agency, which
was due on Dec. 31, 2005.
The company, until November 2006, suffered an unaudited loss of
IDR390 billion, which was lower than the IDR672 billion,
recorded in the same period the year before.
Garuda is currently undergoing debt restructuring. The Troubled
Company Reporter-Asia Pacific reported on December 20, 2006,
that in line with the airline's debt restructuring, it continues
to consistently pay debt interest.
MATAHARI PUTRA: Moody's Affirms B1 Corporate Family Rating
----------------------------------------------------------
PT Moody's Indonesia has assigned an A1.id national scale rating
to PT Matahari Putra Prima Tbk. At the same time, Moody's
Investor Service has affirmed Matahari's B1 corporate family
rating, and the B1 senior unsecured rating on its guaranteed
US$150 million bonds due 2009. The outlook for the ratings is
stable.
"The B1/A1.id ratings recognize the company's leading position
and long operating track record in the department store segment
in Indonesia," says Renee Lam, a Moody's Vice President, adding,
"The favorable economic and industry outlook partially mitigates
the potential threat from competition arising from low entry
barriers.
"The ratings also incorporate the execution risks associated
with Matahari's plan to expand its store network," says Lam,
also Moody's lead analyst for the company. "Furthermore, the
operating history of its hypermarket business is short, and the
company has yet to establish a stable track record for its
multi-format hyper- and super-market businesses."
Matahari's debt service ratios are in line with its similarly-
rated global retail peers. Adjusted debt/EBITDA is expected to
stay around 5-5.5x and adjusted operating cash flow/total debt
at 10-15% for the medium term. Nonetheless, its free cash flow
metrics are thin for the rating category, given its aggressive
capex program to expand its store network, though Moody's notes
the highly discretionary nature of Matahari's capex.
The stable outlook reflects Moody's expectation that Matahari
will successfully execute its expansion plan and strengthen its
market share. It also captures the favourable outlook for
Indonesia's economy and retail market in the near-to-medium
term.
The ratings may be upgraded if adjusted debt/EBITDA falls below
4.5-5x and adjusted EBIT/interest strengthens beyond 3x on a
sustained basis. Such outcomes could be a result of 1) an
improvement in operating margins as a result of higher operating
efficiency and better cost controls; and/or 2) positive free
cash flow generation with the surplus being applied for de-
leveraging. For any upgrade, the company also needs to
demonstrate stable and profitable track records for its multi-
format hyper- and super-market businesses.
The ratings may undergo a downgrade if adjusted debt/EBITDA
rises above 5.5-6x, while adjusted EBIT/interest weakens below
1.25x on a sustained basis. Such an outcome could be a result
of
1) a weakening of profit margins due to rising competition or
inadequate cost controls;
2) further debt-funded expansions beyond its original plan;
and/or
3) material depreciations in the Rupiah which increase the
company's debt-servicing obligations.
Matahari is one of the largest retailers in Indonesia with
multiple retail formats. It operates department stores,
hypermarkets, supermarkets and family entertainment outlets in
over fifty cities in Indonesia. The Lippo group controls over
60% of Matahari's equity interest.
=========
J A P A N
=========
CABLE & WIRELESS: Restores Services in Cayman Islands
-----------------------------------------------------
Cable & Wireless has restored landline and ADSL Services to
clients in the Cayman Islands, Cayman Net News reports.
Cayman Net relates that a contractor carrying out road work on
Nov. 6, 2007, accidentally cut Cable & Wireless' fiber cable
system, resulting to the loss of landline and ADSL services to
customers east of the Lions Center and in some areas of George
Town. Cayman Brac subscribers lost landline service, with
mobile, data and international services unaffected.
According to Cayman Net, Cable & Wireless immediately responded
and many subscribers were reconnected within an hour. "A
temporary fix" was made to guarantee that "clients were
reconnected and all services were fully restored within three
hours of the outage." Traffic had to be diverted through Old
Prospect Road to accommodate the work along Shamrock Road.
Repair and restoration work was completed by Wednesday last
week.
Cable & Wireless (Cayman Islands) Network Services Vice
President Albert Anderson told Cayman Net, "All contractors are
encouraged to contact Cable & Wireless before they dig so we can
point out and mark where our cables are located. This will
ensure that we do not have a reoccurrence of this type of
incident."
Headquartered in London, Cable & Wireless Plc --
http://www.cw.com/new/-- provides voice, data and IP (Internet
Protocol) services to business and residential customers, as
well as services to other telecoms carriers, mobile operators
and providers of content, applications and Internet services.
The company has operations are in the United Kingdom, India,
China, Japan, the Cayman Islands and the Middle East.
* * *
In April 2007, in connection with the implementation of its new
Probability-of-Default and Loss-Given-Default rating methodology
for the corporate families in the Telecommunications, Media and
technology sector, Moody's Investors Service confirmed its Ba3
Corporate Family Rating for Cable & Wireless Plc.
Moody's also assigned a Ba3 Probability-of-Default rating to the
company.
* Issuer: Cable & Wireless Plc
Projected
Debt LGD Loss-Given
Debt Issue Rating Rating Default
---------- ------- ------- --------
4% Senior Unsecured
Conv./Exch.
Bond/Debenture
Due 2010 B1 LGD4 60%
GBP200 million
8.75% Senior
Unsecured Regular
Bond/Debenture
Due 2012 B1 LGD4 60%
DELPHI CORP: Creditors Say Disclosure Statement is Inadequate
-------------------------------------------------------------
The Official Committee of Unsecured Creditors asks the U.S.
Bankruptcy Court for the Southern District of New York to deny
approval of the Disclosure Statement explaining Delphi
Corporation and its debtor-affiliates' Joint Chapter 11 Plan of
Reorganization.
As reported in the Troubled Company Reporter earlier this week,
the Court agreed to continue until Nov. 29 the hearing to
consider the adequacy of the Disclosure Statement at the request
of the Debtors and the Official Committee of Equity Security
Holders.
The Committee argues that the Disclosure Statement fails to
provide adequate information concerning matters that are
important to the Debtors' creditors in their evaluation of
whether to vote for or against the Plan.
The Plan, as currently drafted, ceases the accrual of
postpetition interest to General Unsecured Claims other than
TOPrS Claims on Dec. 31, 2007, even though it will not have been
confirmed by that date, Robert J. Rosenberg, Esq., at Latham &
Watkins LLP, in New York, points out.
The EPCA Amendment, Mr. Rosenberg notes, requires the Debtors to
issue additional Direct Subscription Shares to the Appaloosa
Plan Investors without the Investors' payment of any additional
consideration. The issuance of the additional shares will
materially reduce the conversion price of the preferred shares
and dilute the value of the common stock to be distributed to
holders of General Unsecured Claims, he contends.
The Creditors Committee and the Debtors are continuing to
discuss potential resolutions, Mr. Rosenberg relates. He
informs the Court that absent acceptable resolution, the
Creditors Committee will not support the Plan.
About Delphi Corp.
Headquartered in Troy, Michigan, Delphi Corporation (OTC: DPHIQ)
-- http://www.delphi.com/-- is the single supplier of vehicle
electronics, transportation components, integrated systems and
modules, and other electronic technology. The company's
technology and products are present in more than 75 million
vehicles on the road worldwide. Delphi has regional
headquarters in Japan, Brazil and France.
The company filed for chapter 11 protection on Oct. 8, 2005
(Bankr. S.D.N.Y. Lead Case No. 05-44481). John Wm. Butler Jr.,
Esq., John K. Lyons, Esq., and Ron E. Meisler, Esq., at Skadden,
Arps, Slate, Meagher & Flom LLP, represent the Debtors in their
restructuring efforts. Robert J. Rosenberg, Esq., Mitchell A.
Seider, Esq., and Mark A. Broude, Esq., at Latham & Watkins LLP,
represents the Official Committee of Unsecured Creditors. As of
Mar. 31, 2007, the Debtors' balance sheet showed
US$11,446,000,000 in total assets and US$23,851,000,000 in total
debts.
The Debtors' exclusive plan-filing period expires on Dec. 31,
2007. On Sept. 6, 2007, the Debtors filed their Chapter 11 Plan
of Reorganization and a Disclosure Statement explaining that
Plan.
(Delphi Bankruptcy News, Issue No. 95; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000).
DELPHI CORP: Senior Noteholders Balk at Disclosure Statement
------------------------------------------------------------
Eight holders of Senior Notes in Delphi Corp. asks the United
States Bankruptcy Court for the Southern District of New York to
disapprove the Disclosure Statement explaining the Debtors'
Joint Chapter 11 Plan of Reorganization.
The eight Senior Noteholders are:
* Caspian Capital Advisors, LLC,
* Castlerigg Master Investments Ltd.,
* Davidson Kempner Capital Management LLC,
* Elliott Associates, L.P.,
* Gradient Partners, L.P.,
* Sailfish Capital Partners, LLC,
* Whitebox Advisors, LLC, and
* Wilmington Trust Company, as indenture trustee.
As reported in the Troubled Company Reporter earlier this week,
the Court agreed to continue until Nov. 29 the hearing to
consider the adequacy of the Disclosure Statement at the request
of the Debtors and the Official Committee of Equity Security
Holders.
The Senior Noteholders contend that the Court should not approve
the Disclosure Statement and allow the Debtors to solicit
acceptances of the Plan because the Plan contains a patently
nonconfirmable classification scheme
The Senior Noteholders, among other things, complain that the
Plan:
-- groups dissimilar claims in the same class in violation
of Section 1122(a) of the Bankruptcy Code; and
-- provides different treatment to claims classified
together within a single class in violation of Section
1123(a)(4) of the Bankruptcy Code.
Class 1C of the Plan contains the claims of the Senior
Noteholders and holders of the subordinated TOPrS Claims, Allan
S. Brilliant, Esq., at Goodwin Procter LLP, in New York, notes,
on behalf of Caspian, et al. Mr. Brilliant points out that
TOPrS claimholders, although classified in the same class with
the Senior Noteholders and other General Unsecured Creditors, do
not receive the same distribution as the other Claims in Class
1C.
The Plan is also unconfirmable because it does not enforce the
subordination agreement between the Senior Notes and TOPrS
Claims thereby violating Section 510(a) of the Bankruptcy Code,
Mr. Brilliant asserts.
The Disclosure Statement, Mr. Brilliant contends, does not
contain adequate information on many critical issues as required
by Section 1125(a) of the Bankruptcy Code regarding a number of
topics, including:
(a) the value of the distributions that will be made to
creditors;
(b) the valuation of the New Common Stock;
(c) the likelihood of the Debtors obtaining exit financing
and the consequences if the Debtors do not obtain exit
financing before the hearing to consider confirmation of
the Plan or the Effective Date of the Plan;
(d) the factors required for the Debtors' substantive
consolidation and the effect it has on various creditor
groups;
(e) the costs, benefits and effects of the settlement of the
GM Claim;
(f) the releases provided to non-Debtor parties under the
Plan; and
(g) the impact, on the recoveries paid to General Unsecured
Creditors, of the Debtors' attempts to provide a recovery
to otherwise subordinated creditors under the MDL
Settlements.
The Senior Noteholders therefore ask the Court to disapprove the
Disclosure Statement.
Wilmington Trust also asks the Court to direct the Debtors to
reclassify the Senior Notes and the TOPrS Claims in different
classes.
The Disclosure Statement must clearly and concisely inform the
holders of the Senior Debt of the actual value of their recovery
under the Plan, Edward M. Fox, Esq., at Kirkpatrick & Lockhart
Preston Gates Ellis LLP, in New York, maintains, on Wilmington
Trust's behalf. "Valuation euphemisms such as 'negotiated plan
value' or 'deemed value' are not acceptable. Rather, the
Debtors must indicate the value of recoveries on a fully diluted
basis based on the range of value estimated by the Debtors
investment banker and financial advisor, Rothschild [Inc.], with
particular emphasis on its mid-point valuation," Mr. Fox
asserts. The Debtors should also explain why substantive
consolidation of their assets and liabilities is necessary and
appropriate while consolidation of the 42 Debtors is not, he
adds.
About Delphi Corp.
Headquartered in Troy, Michigan, Delphi Corporation (OTC: DPHIQ)
-- http://www.delphi.com/-- is the single supplier of vehicle
electronics, transportation components, integrated systems and
modules, and other electronic technology. The company's
technology and products are present in more than 75 million
vehicles on the road worldwide. Delphi has regional
headquarters in Japan, Brazil and France.
The company filed for chapter 11 protection on Oct. 8, 2005
(Bankr. S.D.N.Y. Lead Case No. 05-44481). John Wm. Butler Jr.,
Esq., John K. Lyons, Esq., and Ron E. Meisler, Esq., at Skadden,
Arps, Slate, Meagher & Flom LLP, represent the Debtors in their
restructuring efforts. Robert J. Rosenberg, Esq., Mitchell A.
Seider, Esq., and Mark A. Broude, Esq., at Latham & Watkins LLP,
represents the Official Committee of Unsecured Creditors. As of
Mar. 31, 2007, the Debtors' balance sheet showed
US$11,446,000,000 in total assets and US$23,851,000,000 in total
debts.
The Debtors' exclusive plan-filing period expires on Dec. 31,
2007. On Sept. 6, 2007, the Debtors filed their Chapter 11 Plan
of Reorganization and a Disclosure Statement explaining that
Plan.
(Delphi Bankruptcy News, Issue No. 95; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000).
FORD MOTOR: Reaches Tentative Labor Agreement with UAW
------------------------------------------------------
Ford Motor Co. and the United Auto Workers union have reached a
tentative agreement on a four-year national labor contract
covering approximately 54,000 represented employees in the
United States.
"I'd like to take this opportunity to thank UAW President Ron
Gettelfinger, UAW Vice President Bob King and the entire UAW
national bargaining committee for all of their hard work and
professionalism over the past several months," said Joe Laymon,
group vice president, Human Resources and Labor Affairs of Ford
Motor Company. "I would also like to thank the Ford bargaining
team for its skill and dedication during this complex and
challenging set of negotiations."
The agreement is subject to ratification by UAW members. It
includes a memorandum of understanding to establish an
independent retiree health care trust. Following ratification,
implementation of the memorandum of understanding is subject to
approval by the courts and satisfactory review of accounting
treatment with the Securities and Exchange Commission.
Mr. Laymond added "Though we will not discuss the specifics of
the tentative agreement until after it becomes final, we believe
it is fair to our employees and retirees, and paves the way for
Ford to increase its competitiveness in the United States".
About Ford Motor
Headquartered in Dearborn, Michigan, Ford Motor Co. (NYSE: F)
-- http://www.ford.com/-- manufactures or distributes
automobiles in 200 markets across six continents. With about
260,000 employees and about 100 plants worldwide, the company's
core and affiliated automotive brands include Ford, Jaguar, Land
Rover, Lincoln, Mercury, Volvo, Aston Martin, and Mazda. The
company provides financial services through Ford Motor Credit
Company.
The company has operations in Japan in the Asia Pacific region.
In Europe, the company maintains a presence in Sweden, and the
United Kingdom. The company also distributes its brands in
various Latin American regions, including Argentina and Brazil.
* * *
As reported in the Troubled Company Reporter on July 30, 2007,
Moody's Investors Service said that the performance of Ford
Motor Company's global automotive operations for the second
quarter of 2007 was significantly stronger than the previous
year and better than street expectations.
However, Moody's explained that the company continues to face
significant competitive and financial challenges, and the rating
agency expects that Ford's credit metrics and rate of cash
consumption will likely remain consistent with no higher than a
B3 corporate family rating level into 2008.
According to the rating agency, Ford's corporate family rating
is currently a B3 with a negative outlook. The rating is
pressured by the shift in consumer preference from high margin
trucks and SUVs, and by the need for a new 2007 UAW contract
that provides meaningful relief from high health care costs and
burdensome work rules, Moody's relates.
In June 2007, S&P raised the Issue Rating on Ford's senior
secured credit facilities to B+ from B.
FORD MOTOR: S&P Expects to Affirm B Rating Due to Narrower Loss
---------------------------------------------------------------
Standard & Poor's Ratings Services' 'B' long-term corporate
credit rating on Ford Motor Co. and Ford Motor Credit Co.
remains on CreditWatch with positive implications following
Ford's report of a narrower third-quarter loss compared to that
of a year ago. S&P currently expects to resolve the CreditWatch
around mid-November. The most likely outcome is an affirmation
of the 'B' rating, with an outlook to be determined.
The ratings were placed on CreditWatch Sept. 26, 2007, based on
S&P's belief that Ford would achieve a deal similar to the
tentative new labor contract General Motors Corp. (GM;
B/Stable/B-3) reached with its main labor union, the United Auto
Workers (UAW), which addresses onerous retiree health care
obligations that S&P views as debt-like in nature. As expected,
Ford and the UAW subsequently reached their own four-year
agreement, and the UAW membership will vote on that contract
soon. S&P views the new contract as favorable to Ford compared
with past agreements, and S&P believes the contract will support
the company's turnaround plan in North America. Still, S&P
remains concerned about the economic outlook for 2008, even as
the company is making progress on its turnaround plan. Much of
the labor contract's health care savings will not begin to
accrue to Ford until 2010, and this is a key factor in S&P's
review.
Ford's third-quarter earnings demonstrated improvement over 2006
earnings, although Ford Motor Credit Co.'s profit declined.
Ford's consolidated third-quarter loss from continuing
operations, excluding special items, was US$24 million, compared
with a loss of US$850 million in 2006. The pretax automotive
loss in the third-quarter was US$362 million, a sharp
improvement from the pretax loss of US$1.9 billion during the
quarter in 2006, driven by higher net pricing, lower costs, and
improved volume and mix. These factors more than offset higher
interest expense and unfavorable foreign exchange rates. In the
key North American operation, Ford reported a pretax loss of
US$1 billion compared with a loss of US$2.1 billion in 2006.
The same factors accounted for the decline in the loss.
For now, Ford remains in a net cash position at the parent, with
automotive cash (including cash, equivalents, loaned securities,
and short-term VEBA assets) of US$35.6 billion at Sept. 30,
2007, an increase of US$1.7 billion from year-end 2006 due to
asset sales that more than offset ongoing cash use from
operations.
Headquartered in Dearborn, Michigan, Ford Motor Co. (NYSE: F)
-- http://www.ford.com/-- manufactures or distributes
automobiles in 200 markets across six continents. With about
260,000 employees and about 100 plants worldwide, the company's
core and affiliated automotive brands include Ford, Jaguar, Land
Rover, Lincoln, Mercury, Volvo, Aston Martin, and Mazda. The
company provides financial services through Ford Motor Credit
Company.
The company has operations in Japan in the Asia Pacific region.
In Europe, the company maintains a presence in Sweden, and the
United Kingdom. The company also distributes its brands in
various Latin American regions, including Argentina and Brazil.
FORD MOTOR: Local Unions Favor Labor Pact, Initial Results Show
---------------------------------------------------------------
Initial results from United Auto Workers union locals in
Illinois, and Michigan, who voted on Friday, and locals from
Kentucky and Missouri who voted Sunday, revealed a vast support
for a new four-year labor contract between Ford Motor Company
and the UAW, various papers report naming local union presidents
as sources.
Papers say that 75% of 900 UAW members of Local 588, a Chicago
stamping plant in Illinois, voted yes to the new labor
agreement. Meanwhile, 82% of the 1,200 union members of Local
898, Ford's Rawsonville plant in Ypsilanti Township, in
Michigan, voted for the new labor deal.
UAW Local 862 President Rocky Comito told The Courier-Journal
that 80% production workers and 75% of skilled trade workers of
the Louisville Assembly Plant in Kentucky supported the new
labor deal.
Results at UAW Local 249, a plant in Claycomo, Missouri that
manufactures the Escape, Mercury Mariner and Mazda Tribute SUVs,
showed great support for the contract at a 69%-31% margin, the
Kansas City Business Journal relates.
Sarah A. Webster of the Detroit Free Press disclosed an
overwhelming 91% reception for the new labor agreement from
members of an axle plant in Sterling Heights, Michigan. Ms.
Webster added that Emanuela Henderson, the recording secretary
with UAW Local 900 in Wayne, Michigan, told the paper that "a
minimum of 90%" of its workers voted in favor of the contract.
The local represents more than 5,000 workers at Michigan Truck
Plant and Wayne Stamping and Assembly.
Voting results from Local 600 in Dearborn, Michigan, and Local
2000 in Ohio are not yet available.
As reported in the Troubled Company Reporter on Nov. 6, 2007,
Ford and the UAW reached a tentative agreement on a four-year
national labor contract covering approximately 54,000
represented employees in the United States. The UAW Ford
National Council -- made up of delegates from more than 55 Ford
facilities across the nation -- voted to unanimously recommend
ratification of the union's 2007 tentative agreement with Ford.
According to AP, Ford's shares dropped 3.3% closing at $8.20 on
Friday, the same day union leaders say workers in Michigan and
Illinois approved a new contract.
Headquartered in Dearborn, Michigan, Ford Motor Co. (NYSE: F)
-- http://www.ford.com/-- manufactures or distributes
automobiles in 200 markets across six continents. With about
260,000 employees and about 100 plants worldwide, the company's
core and affiliated automotive brands include Ford, Jaguar, Land
Rover, Lincoln, Mercury, Volvo, Aston Martin, and Mazda. The
company provides financial services through Ford Motor Credit
Company.
The company has operations in Japan in the Asia Pacific region.
In Europe, the company maintains a presence in Sweden, and the
United Kingdom. The company also distributes its brands in
various Latin American regions, including Argentina and Brazil.
* * *
As reported in the Troubled Company Reporter on Nov. 7, 2007,
Standard & Poor's Ratings Services said its 'B' long-term
corporate credit rating on Ford Motor Co. and Ford Motor Credit
Co. remains on CreditWatch with positive implications, following
the agreement between Ford and the United Auto Workers of a new
labor contract. Ford's UAW workers are expected to vote on
ratification of the contract in the coming days, and S&P expect
the required approval level to be obtained. The ratings were
placed on CreditWatch on Sept. 26, 2007, based on S&P's belief
that Ford would reach a deal similar to the one General Motors
Corp. reached with the UAW on that date. Ford's 'B-3' short-
term rating was not on CreditWatch.
ICONIX BRAND: Enters Into Five Global License Agreements
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Iconix Brand Group, Inc. has entered into four separate license
agreements for its London Fog(R), Rampage(R), Op(R), Joe
Boxer(R) and Danskin(R) brands and is expanding its license
agreement for Mossimo(R) in Australia.
The company has entered into an agreement with New Foundations,
a Beijing, China-based real estate development and retail
company granting them a master license for London Fog for all of
Mainland China. New Foundations will hold an exclusive multi-
year license agreement to manufacture and distribute London Fog
apparel, accessories and lifestyle products in China and plans
to open a network of over 100 London Fog stores and shop-in-
shops across China including a handful of larger flagship stores
in Beijing and Shanghai over the next five years. Iconix will
work with New Foundations to develop the marketing strategy for
the China market.
The second agreement is with Mint Apparel for a long-term master
license agreement for Op apparel, accessories and lifestyle
products in Europe. Mint Apparel will distribute the brand
through specialty stores, surf shops and department stores in
Europe.
The company has also entered into an exclusive long-term license
with The Style Company to open stand alone retail stores for
Rampage, Op and Joe Boxer in the Middle East. The Style Company
plans on rolling out a total of 35 retail stores over the next
five years across the region including fourteen Op, fourteen Joe
Boxer and seven Rampage shops.
Additionally, the company has entered into a license agreement
with Grupo Zipora to manufacture and distribute Danskin in
Mexico. Danskin will be distributed in Mexico through a dual
brand strategy similar to the brand structure in the U.S., with
Danskin product distributed to specialty stores and department
stores and Danskin Now distributed exclusively through WalMart
Mexico.
Lastly, the company has also expanded the Mossimo Australia
license with Port Melbourne-based Pacific Brands Limited.
Pacific Brands plans to open ten free-standing Mossimo stores
throughout Australia in the next few years.
Neil Cole, Chairman and Chief Executive Officer of Iconix,
stated, "Iconix is committed to exporting our portfolio of
brands around the world and these new agreements represent an
exciting step forward in this initiative. Each of our new
licensees will be dedicating significant resources to expanding
the Iconix's stable of brands worldwide and we look forward to
working with each one of them. China is the fastest growing
market in the world and we are excited to announce our first
license agreement in that market with such a powerful partner as
New Foundations. New Foundations' position in the Chinese Real
Estate market will enable them to quickly develop a retail
network for our brand across China."
About Iconix
Based in New York City, Iconix Brand Group Inc. (Nasdaq: ICON) -
http://www.iconixbrand.com/-- owns fashion brands to retail
distribution from the luxury market. The company licenses its
brands to retailers and manufacturers worldwide. The group has
international licensees in Mexico, Japan and the United Kingdom.
* * *
As reported in the Troubled Company Reporter on June 20, 2007,
Standard & Poor's Ratings Services revised its ratings outlook
on Iconix Brand Group Inc. to negative. At the same time,
Standard & Poor's assigned its 'B-' debt rating to Iconix's then
proposed US$250 million convertible senior subordinated notes
due 2012.
As reported in the Troubled Company Reporter on June 18, 2007,
Moody's Investors Service affirmed Iconix Brand Group Inc.'s
corporate family rating at B1 and assigned a B3 rating to the
company's then proposed US$250 million convertible senior
subordinated note offering.
J-CORE: S&P Affirms Rating on Class E Trust Certificate at BB+
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Standard & Poor's Ratings Services raised its ratings on two
tranches of J-CORE FL1 Trust Certificate's JPY16.6 billion trust
certificates, issued December 2006. The rating on class B
was raised to 'AA+' from 'AA', and the rating on class C was
raised to 'AA-' from 'A'. At the same time, Standard & Poor's
affirmed its ratings on the remaining tranches, classes A, D, E,
and X, due April 2012.
According to the most recent reports obtained from the servicer
and trust bank, a portion of the trust certificates principal
was redeemed following the sale in June 2007 of one of the four
underlying properties backing the trust certificates, and the
subsequent prepayment of non-recourse loans corresponding to
about 18% of the trust certificates' initial issuance amount.
Moreover, one other underlying property backing a non-recourse
loan corresponding to about 31% of the trust certificates'
initial issuance amount was sold in September 2007, leading to
the prepayment of the non-recourse loan and the redemption of an
equivalent amount of trust certificates. Accordingly, a
cumulative sum of about 49% of the principal on the trust
certificates has been redeemed.
The upgrades reflect a decrease in the LTV ratio of the trust
certificates and an increase in the subordination rate (and
therefore credit support) for the notes, given that the
transaction features a modified pro-rata redemption structure
under which the amount initially established for each class
corresponding to the loans is used to redeem principal on the
trust certificates. The upgrades also reflect the generally
satisfactory performance of the remaining loans and underlying
properties.
This is a multi-borrower CMBS transaction. The trust
certificates are ultimately secured by three loans extended to
Tokkin trustees that each own one specified bond backed by real
estate trust beneficial interests, and by one additional non-
recourse loan backed by Tokkin beneficial interests and real
estate trust beneficial interests. Deutsche Securities Inc.,
Tokyo branch, serves as the arranger of this transaction, and
ORIX Asset Management & Loan Services Corp. is the servicer.
Ratings Raised:
JPY16.6 billion floating-rate trust certificates due April 2012
Class To From Initial Amount Current Amount Coupon
B AA+ AA JPY2.0 bil. JPY1.21200 bil. Floating Rate
C AA- A JPY1.6 bil. JPY0.8656 bil. Floating Rate
Ratings Affirmed:
Class Rating Initial Amount Current Amount Coupon Type
A &nb