T R O U B L E D C O M P A N Y R E P O R T E R
E U R O P E
Tuesday, October 16, 2007, Vol. 8, No. 205
Headlines
A U S T R I A
AUFZUG- UND BAUSCHLOSSEREI: Claims Registration Ends Oct. 30
BASLA LLC: Claims Registration Period Ends Oct. 31
BKW LLC: Claims Registration Period Ends October 30
BRUESTLE LLC: Claims Registration Period Ends November 2
GLASEREI STEINLECHNER: Wels Court Orders Business Shutdown
INOVAT LLC: Vienna Court Orders Business Shutdown
X-TENDER ELEKTROINSTALLATION: Claims Registration Ends Nov. 2
ZIVKO STOJANOVIC: Claims Registration Period Ends Nov. 2
B E L G I U M
LEVI STRAUSS: Satisfies Terms on US$525MM Senior Notes Offering
SOLUTIA INC: Files Consensual Plan of Reorganization
SOLUTIA INC: Incurs $9,000,000 Net Loss in Month Ended August 31
TELENET BIDCO: Fitch Rates EUR2.3 Billion Senior Loan at BB
F R A N C E
EDITIS HOLDING: Moody's Lifts Corporate Family Rating to Ba3
G E R M A N Y
1A AUTOMATION: Creditors' Meeting Slated for October 29
A&O 4TEC: Creditors' Meeting Slated for November 8
A&O ITEC: Creditors' Meeting Slated for November 8
ABBING VIEH: Claims Registration Period Ends October 30
AKZENT HOTEL: Creditors Must File Claims by November 10
BAU GMBH: Creditors Must File Claims by November 5
BAUUNTERNEHMUNG LANGENBAHN: Creditors Must File Claims by Nov. 5
BERND MEYN: Claims Registration Period Ends November 2
C CAFE GASTRONOMIEBETRIEBE: Claims Period Ends Oct. 29
CASALITH VERWALTUNGS: Claims Registration Period Ends Oct. 16
CHRYSLER LLC: Council Approves New Contract Ratification
COMPEDO TINTEN: Claims Registration Period Ends Oct. 23
DIGITALDRUCKE BAYERLEIN: Claims Registration Ends November 13
ECKL UND WIEDENHOEFT: Claims Registration Ends October 30
FRUEH-LINK TRANSPORT: Claims Registration Period Ends Nov. 1
KLINKSIEK GMBH: Creditors Must File Claims by November 8
KOMBINART GMBH: Creditors Must File Claims by November 6
MT INTERNATIONEL: Claims Registration Period Ends Nov. 2
MT MALER: Claims Registration Period Ends November 3
NYLSTAR DEUTSCHLAND: Claims Registration Ends November 12
PORTIUS GMBH: Claims Registration Ends November 13
RATIE FOTO: Claims Registration Ends November 12
RESERV GESELLSCHAFT: Creditors Must File Claims by November 5
I R E L A N D
COMMSCOPE: Moody's Cuts Rating to Ba3 Pending Andrew Acquisition
I T A L Y
DANA CORP: Amends Centerbridge Capital Investment Agreement
IMAX CORPORATION: Catalyst Fund Withdraws New York Lawsuit
K A Z A K H S T A N
BUSINESS ALSTROI: Proof of Claim Deadline Slated for Nov. 20
DOS CREDO: Creditors Must File Claims November 21
FORUM TRADING: Claims Filing Period Ends November 20
IMAN-TV LLP: Creditors' Claims Due on November 20
LIDER REALTY: Claims Registration Ends November 20
MILK WAY: Proof of Claim Deadline Slated for November 21
PV SKB: Creditors Must File Claims November 16
SGKP KAINAR: Claims Filing Period Ends November 21
SMART LLP: Creditors' Claims Due on November 21
L U X E M B O U R G
EVRAZ GROUP: Merging Units to Focus on Local Demand
R U S S I A
BASHKIRSKIYE SEMIPRECIOUS: Creditors Must File Claims by Dec. 6
DALSVYAZ OAO: Fitch Upgrades IDR to B+ on Financial Improvements
DYURTYULINSKOYE OJSC: Asset Sale Slated for November 9
EVRAZ GROUP: Merging Units to Focus on Local Demand
GORNAYA: Creditors Must File Claims by December 6
IMPRO CJSC: Creditors Must File Claims by December 6
LENINA SOVKHOZ* PAC*: Creditors Must File Claims by Nov. 6
MECHETLINSKIJ STROITEL': Creditors Must File Claims by Nov. 6
MK VITYAZ' & VITYAZ'-TRANS: Asset Sale Slated for Oct. 28
MPO TOIR: Bidding Deadline Slated for October 31
MUE* RB*: Bankruptcy Hearing Slated for Feb. 13, 2008
OILMASH OJSC: Asset Sale Slated for November 12
RUSSIAN STANDARD: Moody's Changes Rating Outlook to Negative
URAL BUSINESS: Creditors Must File Claims by Dec. 6
URALCHEMPRODUCT CJSC: Creditors Must File Claims by Dec. 6
S W I T Z E R L A N D
CABALLERO FM: Claims Registration Period Ends October 21
DENTALWEB LLC: Creditors' Liquidation Claims Due October 22
FINSERVE JSC: Creditors' Liquidation Claims Due October 22
JOERGENSEN ASSOCIATED: Creditors' Liquidation Claims Due Oct. 24
KEMMOR JSC: Creditors' Liquidation Claims Due October 22
KMK KARL: Creditors' Liquidation Claims Due October 24
PANNEKUK HOLDING: Zug Court Starts Bankruptcy Proceedings
PAR-JEW JSC: Creditors' Liquidation Claims Due October 22
PETER & CO: Creditors' Liquidation Claims Due October 24
PROPACK ASIA: Creditors' Liquidation Claims Due October 24
SANITARFIX SUISSE: Claims Registration Period Ends October 22
SOCIETE ANONYME: Creditors' Liquidation Claims Due October 31
STC SAFETRADE: Creditors' Liquidation Claims Due October 22
TIGON JSC: Zug Court Starts Bankruptcy Proceedings
WIKIM JSC: Creditors' Liquidation Claims Due October 24
U K R A I N E
BUSINESS-PARTNER LLC: Creditors Must File Claims by October 17
HEAT TECHNICIAN: Creditors Must File Claims by October 17
OBRIY OJSC: Creditors Must File Claims by October 17
RAMITA OJSC: Proofs of Claim Deadline Set October 17
REPUBLICAN MANAGEMENT: Creditors Must File Claims by October 17
SVET: Creditors Must File Claims by October 17
TERMINAL LLC: Proofs of Claim Deadline Set October 17
TRAYMAX-DNIPRO LLC: Creditors Must File Claims by October 17
UKRAINIAN LIGHT: Creditors Must File Claims by October 17
ZHMERINKA FOOTBALL: Creditors Must File Claims by October 17
U N I T E D K I N G D O M
AQUARIUS DRINKS: Taps Joint Administrators from Begbies Traynor
COLLINS & AIKMAN: Closes Sale of Soft Trim Division to IAC NA
CONNEXXION UK: Brings In Vantis as Joint Administrators
FORD MOTOR: Names Jim Farley VP of Marketing & Communications
GENERAL MOTORS: Provides Overview of National Agreement w/ UAW
HOSPITAL TELEPHONE: Taps Smith & Williamson as Administrators
NORTHERN ROCK: Virgin Group Consortium Prepares Bid
RANK GROUP: Retail Business Revenue Drops on Smoking Ban
REMY INT'L: Bankruptcy Filing Cues Moody's to Withdraw Ratings
REMY INTERNATIONAL: S&P Assigns Default Rating on US$125MM Notes
REMY WORLDWIDE: Can Use Cash Collateral for Debt Payment
REMY WORLDWIDE: Gets Interim Court Nod on US$160MM DIP Financing
SEA CONTAINERS: Earns US$11,158,734 in Month Ended August 31
* Large Companies with Insolvent Balance Sheet
*********
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A U S T R I A
=============
AUFZUG- UND BAUSCHLOSSEREI: Claims Registration Ends Oct. 30
------------------------------------------------------------
Creditors owed money by Aufzug- und Bauschlosserei Ltd. (FN
262379b) have until Oct. 30 to file written proofs of claim to
court-appointed estate administrator Matthias Klissenbauer at:
Dr. Matthias Klissenbauer
Gonzagagasse 15
1010 Vienna
Austria
Tel: 533 28 55
Fax: 533 28 55 28
E-mail: office@klissenbauer.com
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on Nov. 13 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1607
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 10 (Bankr. Case No. 28 S 102/07i).
BASLA LLC: Claims Registration Period Ends Oct. 31
--------------------------------------------------
Creditors owed money by LLC Basla (FN 184168k) have until
Oct. 31 to file written proofs of claim to court-appointed
estate administrator Thomas Steiner at:
Mag. Thomas Steiner
Weihburggasse 18-20/50
1010 Vienna
Austria
Tel: 513 53 63
E-mail: steiner.steiner@aon.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:30 a.m. on Nov. 14 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1707
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 12 (Bankr. Case No. 2 S 122/07i).
BKW LLC: Claims Registration Period Ends October 30
---------------------------------------------------
Creditors owed money by LLC BKW (FN 273040f) have until Oct. 30
to file written proofs of claim to court-appointed estate
administrator Johannes Hofmann at:
Dr. Johannes Hofmann
Ringstrasse 38
4600 Wels
Austria
Tel: 07242/65358
Fax: 07242/65358-25
E-mail: ra.hofmann@aon.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 1:20 p.m. on Nov. 8 for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Wels
Hall 101
First Floor
Maria Theresia Str. 12
Wels
Austria
Headquartered in Wels, Austria, the Debtor declared bankruptcy
on Sept. 12 (Bankr. Case No. 20 S 117/07t).
BRUESTLE LLC: Claims Registration Period Ends November 2
--------------------------------------------------------
Creditors owed money by LLC Bruestle (FN 143292z) have until
Nov. 2 to file written proofs of claim to court-appointed estate
administrator Harald Burmann at:
Dr. Harald Burmann
Meraner Strasse 1
6020 Innsbruck
Austria
Tel: 0512/ 58 86 86
Fax: 0512/ 58 86 86 20
E-mail: kanzlei@jus-tirol.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:50 a.m. on Nov. 16 for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Innsbruck
Room 214
Second Floor
Maximilianstrasse 4
6020 Innsbruck
Austria
Headquartered in Hall in Tirol, Austria, the Debtor declared
bankruptcy on Sept. 10 (Bankr. Case No. 7 S 50/07y).
GLASEREI STEINLECHNER: Wels Court Orders Business Shutdown
----------------------------------------------------------
The Land Court of Wels entered Sept. 12 an order shutting down
the business of LLC Glaserei Steinlechner (FN 277309h).
Court-appointed estate administrator Gerhard Goetschhofer
recommended the business shutdown after determining that the
continuing operations would reduce the value of the estate.
The estate administrator can be reached at:
Dr. Gerhard Goetschhofer
Schlossplatz 15
4655 Vorchdorf
Austria
Tel: 07614/7575
Fax: 07614/7575-14
E-mail: rechtsanwalt@goetschhofer.at
Headquartered in Gmunden, Austria, the Debtor declared
bankruptcy on Sept. 10 (Bankr. Case No 20 S 114/07a).
INOVAT LLC: Vienna Court Orders Business Shutdown
-------------------------------------------------
The Trade Court of Vienna entered Sept. 13 an order shutting
down the business of LLC Inovat (FN 255062t).
Court-appointed estate administrator Walter Kainz recommended
the business shutdown after determining that the continuing
operations would reduce the value of the estate.
The estate administrator can be reached at:
Dr. Walter Kainz
c/o Dr. Eva Wexberg
Gusshausstrasse 23
1040 Vienna
Austria
Tel: 505 88 31
Fax: 505 94 64
E-mail: kanzlei@kainz-wexberg.at
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 5 (Bankr. Case No 2 S 118/07a). Eva Wexberg represents
Dr. Kainz in the bankruptcy proceedings.
X-TENDER ELEKTROINSTALLATION: Claims Registration Ends Nov. 2
-------------------------------------------------------------
Creditors owed money by LLC X-Tender Elektroinstallation (FN
268561v) have until Nov. 2 to file written proofs of claim to
court-appointed estate administrator Leopold Riess at:
Dr. Leopold Riess
c/o Dr. Eva Riess
Zeltgasse 3/12
1080 Vienna
Austria
Tel: 402 57 01
Fax: 402 57 01 21
E-mail: law@riess.co.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:15 a.m. on Nov. 15 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1703
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 7 (Bankr. Case No. 5 S 107/07f). Eva Riess represents
Dr. Riess in the bankruptcy proceedings.
ZIVKO STOJANOVIC: Claims Registration Period Ends Nov. 2
--------------------------------------------------------
Creditors owed money by KEG Zivko Stojanovic (FN 211490s) have
until Nov. 2 to file written proofs of claim to court-appointed
estate administrator Felix Stortecky at:
Dr. Felix Stortecky
c/o Dr. Katharina Widhalm-Budak
Schulerstrasse 18
1010 Vienna
Austria
Tel: 513 88 37
Fax: 512 88 37 22
E-mail: office@stortecky.at
widhalm-budak@anwaltsteam.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on Nov. 15 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1703
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 10 (Bankr. Case No. 5 S 109/07z). Katharina Widhalm-
Budak represents Dr. Stortecky in the bankruptcy proceedings.
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B E L G I U M
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LEVI STRAUSS: Satisfies Terms on US$525MM Senior Notes Offering
---------------------------------------------------------------
Levi Strauss & Co. has satisfied certain conditions to the
tender offer for all of its outstanding US$525 million aggregate
principal amounts of its 12.25% Senior Notes due 2012, including
the amendment of its senior secured revolving credit facility.
The company also disclosed that the holders of Notes
representing not less than a majority in aggregate principal
amount of the outstanding Notes have validly tendered their
Notes and delivered their consents.
The company and the trustee for the Notes have executed a
supplemental indenture to the indenture governing the Notes that
eliminates or makes less restrictive most of the restrictive
covenants, and certain related events of default, contained in
the indenture.
The company has entered into a second amended and restated
credit agreement among the company, Levi Strauss Financial
Center Corporation, the financial institutions party thereto and
Bank of America, N.A., as agent.
A summary description of the material terms of the amendment
includes:
* The term of the Credit Agreement has been extended through
Oct. 11, 2012.
* The maximum availability under the Credit Agreement was
increased from US$550 million to US$750 million and
includes a US$250 million term loan tranche. The entire
Credit Agreement will be secured by certain U.S. trademarks
associated with the Levi's(R) brand. The term loan
tranche amortizes on a quarterly basis based on a straight
line two-year amortization schedule to a residual value of
25% of the net orderly liquidation value of the trademarks
with no additional repayments required until maturity so
long as the remaining amount of the tranche does not
exceed such 25% valuation. The term loan tranche will be
borrowed on a first dollar drawn basis. As the term loan
tranche is repaid, the maximum availability under the
Credit Agreement will not be automatically reduced by the
amount of the repayment. The lien on the trademarks, but
not the other assets, will be released upon the full
repayment of the term loan tranche.
* The Credit Agreement includes as a financial covenant a
springing fixed charge coverage ratio of 1:1, which arises
when excess availability under the Credit Agreement is
less than US$100 million. This covenant will be
discontinued upon termination and repayment of the term
loan tranche described above and the implementation of a
liquidity reserve of US$50 million.
* The revolving portion of the Credit Agreement initially
bears an interest rate of LIBOR plus 150 basis points or
base rate plus 25 basis points subject to adjustments
based on availability. The term loan tranche bears an
interest rate of LIBOR plus 250 basis points or base rate
plus 125 basis points.
In connection with its tender offer and consent solicitation,
the company has accepted for purchase US$505.8 million of the
outstanding aggregate principal amount of the Notes for a total
payment of US$563.2 million, including US$15.2 million in
consent payments to holders who validly tendered their Notes and
delivered their consents on or prior to 5 p.m., New York City
time, on Oct. 3, 2007.
The company drew US$343.2 million under the second amended and
restated revolving credit facility and used US$220 million from
cash on hand to fund these payments.
The tender offer will expire at midnight, New York City time,
Wednesday, Oct. 17, 2007, unless extended by the company.
Holders who validly tender their Notes after 5 p.m., New York
City time, on Oct. 3, 2007 and prior to the expiration of the
tender offer will not receive the consent payment and, therefore
their tender consideration will be US$1,043.99 per US$1,000
principal amount of Notes.
The company has retained Credit Suisse Securities (USA) LLC as a
dealer manager and solicitation agent in connection with the
tender offer and consent solicitation. Questions about the
tender offer and consent solicitation may be directed to Credit
Suisse at 212-325-4951 (collect).
Holders can request documents from D.F. King & Co. Inc., the
information agent and tender agent, at 888-887-0082 (U.S. toll
free) or 212-269-5550 (collect).
About Levi Strauss & Co.
Headquartered in San Francisco, California, Levi Strauss & Co.
-- http://www.levistrauss.com/-- is a branded apparel company.
The company designs and markets jeans and jeans-related pants,
casual and dress pants, tops, jackets and related accessories
for men, women and children under its Levi's, Dockers and Levi
Strauss Signature brands in markets around the world. Levi
Strauss & Co. distributes its Levi's and Dockers products
primarily through chain retailers and department stores in the
United States, and through department stores, specialty
retailers and franchised stores abroad. The company distributes
its Levi Strauss Signature products through mass channel
retailers in the United States and abroad.
Levi Strauss Europe is headquartered in Brussels, Belgium, while
Levi's Asia Pacific division is based in Singapore. Levi's has
operations in Brazil, Mexico, Chile and Peru.
* * *
As reported in the Troubled Company Reporter on Aug. 30, 2007,
Standard & Poor's Ratings Services raised its ratings on Levi
Strauss & Co. including its long-term corporate credit rating to
'B+' from 'B'. The outlook is stable.
SOLUTIA INC: Files Consensual Plan of Reorganization
----------------------------------------------------
Solutia Inc. filed a consensual plan of reorganization on Oct.
15, 2007, that has the support of all major constituents in its
Chapter 11 case. The plan -- known as the fifth amended plan of
reorganization -- was filed with the U.S. Bankruptcy Court for
the Southern District of New York along with Solutia's fifth
amended disclosure statement.
As reported in the Troubled Company Reporter on Sept. 27, 2007,
Solutia secured the support of all of the major constituents in
its Chapter 11 cases for a consensual plan of reorganization,
including the Ad Hoc Committee of Solutia Noteholders, the
Official Committee of Equity Security Holders, the Official
Committee of Unsecured Creditors, Monsanto Company, Pharmacia
Corporation, the Official Committee of Retirees, and the Ad Hoc
Committee of Trade Creditors. As part of the settlement, the
following parties executed agreements earlier this month in
support of the settlement and revised plan of reorganization:
Monsanto, noteholders controlling at least $300.1 million in
principal amount of the 2027/2037 notes, the official committee
of general unsecured creditors, the official committee of equity
security holders, the ad hoc trade committee, and Solutia.
"This consensual plan of reorganization will facilitate
Solutia's emergence from Chapter 11 as a financially healthy
company," Jeffry N. Quinn, chairman, president and chief
executive officer of Solutia Inc., said.
Major Terms Underlying Settlement and
Reorganization Plan
(1) $250 Million of New Investment
The revised plan will provide for $250 million of new investment
in reorganized Solutia. This investment will be in the form of
a rights offering to the noteholders and general unsecured
creditors, who will be given the opportunity to purchase shares
of the new common stock on a pro rata basis at a 33.3% discount
to the implied equity value. The rights offering will be
backstopped by a group of Solutia's creditors (i.e. they will
purchase any shares not bought by other creditors). For this
commitment they will receive a fee of 2.50% and an allocation of
15% of the rights offering.
The $250 million generated as a result of the rights offering
will be used: $175 million will be set aside in a Voluntary
Employees' Beneficiary Association Retiree Trust to fund the
retiree welfare benefits for those pre-spin retirees whom
receive these benefits from Solutia; and $75 million will be
used by Solutia to pay for other legacy liabilities being
retained by the company.
(2) Relief from Tort Litigation and Environmental Remediation
Liabilities
Consistent with Solutia and Monsanto's prior agreement, the
settlement provides that Monsanto will take on financial
responsibilities in the areas of tort litigation and
environmental
remediation.
-- Monsanto will be financially responsible for all
current and future tort litigation costs arising from
Pharmacia's chemical business prior to the Solutia
spinoff. This includes litigation arising from
exposure to PCBs and other chemicals.
-- Monsanto will accept financial responsibility for
environmental remediation and clean-up obligations at
all sites for which Solutia was required to assume
responsibility at the spinoff but which were never
owned or operated by Solutia. Solutia will remain
responsible for the environmental liabilities at sites
that it presently owns or operates.
-- Solutia and Monsanto will share financial
responsibility with respect to two sites. Under this
cost-sharing arrangement the first $50 million of post-
emergence remediation and cleanup costs will be funded by
the proceeds of the rights offering described above.
Upon emergence, Solutia would be responsible for the
funding of these sites up to an agreed amount.
Thereafter, if needed, Monsanto and Solutia would share
responsibility equally.
(3) Current Equity Holders New Common Stock Purchase Option
Under the revised plan, in addition to other considerations,
current equity holders that own at least a specified number of
shares of Solutia common stock will receive rights to purchase,
at the time of the company's emergence from bankruptcy, a pro
rata share of up to 17% of the new common stock for
$175 million which is at a discount from the implied equity
value under the revised plan. The proceeds from the sale of
this equity will fund a cash payment to Monsanto of up to $175
million. Any portion of the 17% of the new common stock that is
not purchased by current equity holders will be distributed to
Monsanto under the revised plan.
(4) Settlement of Litigation and Claims Objection
Each of the settling parties has agreed to stay all pending
litigation relating to Solutia's chapter 11 cases until the
effective date of the plan, at which time this litigation will
be dismissed. This includes objections to the disclosure
statement and plan of reorganization filed by the noteholders
and the equity security holders, the adversary proceeding filed
by the equity security holders against Monsanto and Pharmacia,
objections to the claims filed in the case by Monsanto and
Pharmacia, and the noteholders' appeal of the decision in the
litigation related to the secured or unsecured nature of their
claims.
(5) Composition of Board of Directors
Under the revised plan, reorganized Solutia's Board of Directors
will be comprised of nine members, including: Jeffry N. Quinn,
Solutia's chairman, president and chief executive officer; J.
Patrick Mulcahy, a current director of Solutia; one director
designated by each of Monsanto, the general unsecured creditors
and the noteholders; and four directors designated by a five-
person search committee consisting of Mr. Quinn, two
representatives from the noteholders and one representative each
from the general unsecured creditors and the ad hoc trade
creditors. Solutia has engaged the services of Spencer Stuart,
a global search firm, to begin the process of helping identify
and recommend highly qualified board candidates.
(6) Anticipated Creditor Recoveries and Equity Ownership
Assuming full subscription to the rights offering by the
participating parties (including the backstop parties), a full
exercise of the new common stock purchase option, and an
estimated general unsecured claims pool of $342 million, the
following creditors and equity security holders will receive
these distributions:
-- General Unsecured Creditors will receive their pro rata
share of 31.4% of the new common stock, resulting in a
recovery of 80.6 cents on the dollar.
-- Noteholders will receive their pro rata share of
43.8% of the new common stock, resulting in a
recovery of 88.4 cents on the dollar.
-- Monsanto will receive up to $175 million in cash. Any
shares of new common stock not purchased by current
equity holders pursuant to the new common stock
purchase option will be distributed to Monsanto and
the cash distribution reduced accordingly.
-- Equity Security Holders will receive their pro rate
share of 1% of the new common stock and pursuant to
the new common stock purchase option, holders that own
at least a specified number of shares of Solutia
common stock will receive rights to purchase a pro
rata share of up to 17% of the new common stock.
Assuming the new common stock purchase option is
fully exercised, current equity security holders will
own up to 18% of the new common stock.
Additionally, current equity security holders will
have these rights: i) holders who own at least a
specified number of shares of Solutia common stock will
receive their pro rata share of five-year warrants to
purchase 7.5% of the common stock; and ii) holders who
own at least a specified number of shares of Solutia
common stock will receive the right to participate in a
buy out for cash of general unsecured claims of less
than $100,000 for an amount equal to 52.35% of the
allowed amount of such claims, subject to election of
each general unsecured creditor to sell their claim.
-- Retirees will receive the benefits provided for under
the terms of the settlement between Solutia and its
retirees, which was previously announced and is not
being altered by the settlement currently announced.
In accordance with that settlement, the retirees, as
a class, will receive 2% of the new common stock.
This stock will be deposited into a VEBA trust that
will be used to pay retiree welfare benefits. This
is in addition to the $175 million from the rights
offering that will also be deposited into the VEBA
trust.
-- Backstop Parties (the backstoppers of the rights
offering) will own 4.7% of the new common stock.
General Plan Assumptions
Solutia will be an independent, publicly traded company listed
on a national exchange. The enterprise value of reorganized
Solutia is currently estimated to be $2.85 billion, with
corresponding implied reorganization equity value of
approximately $1.2 billion. In total, 59.75 million common
shares will be issued and allocated upon emergence, exclusive of
an anticipated management incentive plan to be approved as part
of the revised plan of reorganization.
An Oct. 19, 2007 hearing has been set at which the court will be
asked to approve the disclosure statement. Once approved, the
disclosure statement will be sent to Solutia's creditors and
equity interest holders to solicit approval of the plan. The
solicitation period will run for 30 days from the mailing of the
solicitation materials. Following the solicitation period, the
court will hold a hearing to confirm the plan, after which
Solutia will emerge from Chapter 11.
Full-text copies of the fifth amended plan of reorganization and
disclosure statement is available for free at
http://www.solutia.com/reorganization/
About Solutia Inc.
Headquartered in St. Louis, Missouri, Solutia Inc. (OTCBB:SOLUQ)
-- http://www.solutia.com/-- and its subsidiaries, engage in
the manufacture and sale of chemical-based materials, which are
used in consumer and industrial applications worldwide. Solutia
has operations in Malaysia, China, Singapore, Belgium, and
Colombia. Saflex is a registered trademark of Solutia Inc.
The company and 15 debtor-affiliates filed for chapter 11
protection on Dec. 17, 2003 (Bankr. S.D.N.Y. Case No. 03-17949).
When the Debtors filed for protection from their creditors, they
listed $2,854,000,000 in assets and $3,223,000,000 in debts.
Solutia is represented by Allen E. Grimes, III, Esq., at
Dinsmore & Shohl, LLP and Conor D. Reilly, Esq., at Gibson,
Dunn & Crutcher, LLP. Trumbull Group LLC is the Debtor's claims
and noticing agent. Daniel H. Golden, Esq., Ira S. Dizengoff,
Esq., and Russel J. Reid, Esq., at Akin Gump Strauss Hauer &
Feld LLP represent the Official Committee of Unsecured
Creditors, and Derron S. Slonecker at Houlihan Lokey Howard &
Zukin Capital provides the Creditors' Committee with financial
advice.
On Feb. 14, 2006, the Debtors filed their Reorganization Plan &
Disclosure Statement. On May 15, 2007, they filed an Amended
Reorganization Plan and on July 9, 2007, filed a 2nd Amended
Reorganization Plan. The Disclosure Statement hearing began on
July 10, 2007, and is set to continue on Oct. 10, 2007.
SOLUTIA INC: Incurs $9,000,000 Net Loss in Month Ended August 31
----------------------------------------------------------------
Solutia Chapter 11 Debtors
Unaudited Statement of Consolidated
Financial Position
As of August 31, 2007
ASSETS
Cash $68,000,000
Trade Receivables, net 200,000,000
Account Receivables-Unconsolidated Subsidiaries 62,000,000
Inventories 176,000,000
Other Current Assets 76,000,000
Assets of Discontinued Operations 6,000,000
--------------
Total Current Assets 588,000,000
Property, Plant and Equipment, net 650,000,000
Investments in Subsidiaries and Affiliates 687,000,000
Intangible Assets, net 100,000,000
Other Assets 56,000,000
--------------
Total Assets $2,081,000,000
LIABILITIES AND SHAREHOLDERS' DEFICIT
Accounts Payable $213,000,000
Short Term Debt 922,000,000
Other Current Liabilities 152,000,000
Liabilities of Discontinued Operations 4,000,000
--------------
Total Current Liabilities 1,291,000,000
Long-Term Debt 19,000,000
Other Long-Term Liabilities 194,000,000
--------------
Total Liabilities not Subject to Compromise 1,504,000,000
Liabilities Subject to Compromise 1,850,000,000
Shareholders' Deficit (1,273,000,000)
--------------
Total Liabilities & Shareholders' Deficit $2,081,000,000
Solutia Chapter 11 Debtors
Unaudited Consolidated Statement of Operations
For the Month Ended August 31, 2007
Total Net Sales $219,000,000
Total Cost Of Goods Sold 198,000,000
--------------
Gross Profit 21,000,000
Total MAT Expense 19,000,000
--------------
Operating Income (Loss) 2,000,000
Equity Earnings from Affiliates 0
Interest Expense, net (11,000,000)
Other Income, net 3,000,000
Reorganization Items:
Professional fees (6,000,000)
Employee severance and retention costs 0
Adjustment to allowed claim amounts 5,000,000
Settlements of prepetition claims (2,000,000)
--------------
(3,000,000)
--------------
Income from continuing operations before taxes (9,000,000)
Income tax expense (benefit) 0
Income from discontinued operations 0
--------------
Net Income (Loss) ($9,000,000)
About Solutia Inc.
Headquartered in St. Louis, Missouri, Solutia Inc. (OTCBB:SOLUQ)
-- http://www.solutia.com/-- and its subsidiaries, engage in
the manufacture and sale of chemical-based materials, which are
used in consumer and industrial applications worldwide. Solutia
has operations in Malaysia, China, Singapore, Belgium, and
Colombia. Saflex is a registered trademark of Solutia Inc.
The company and 15 debtor-affiliates filed for chapter 11
protection on Dec. 17, 2003 (Bankr. S.D.N.Y. Case No. 03-17949).
When the Debtors filed for protection from their creditors, they
listed $2,854,000,000 in assets and $3,223,000,000 in debts.
Solutia is represented by Allen E. Grimes, III, Esq., at
Dinsmore & Shohl, LLP and Conor D. Reilly, Esq., at Gibson,
Dunn & Crutcher, LLP. Trumbull Group LLC is the Debtor's claims
and noticing agent. Daniel H. Golden, Esq., Ira S. Dizengoff,
Esq., and Russel J. Reid, Esq., at Akin Gump Strauss Hauer &
Feld LLP represent the Official Committee of Unsecured
Creditors, and Derron S. Slonecker at Houlihan Lokey Howard &
Zukin Capital provides the Creditors' Committee with financial
advice.
On Feb. 14, 2006, the Debtors filed their Reorganization Plan &
Disclosure Statement. On May 15, 2007, they filed an Amended
Reorganization Plan and on July 9, 2007, filed a 2nd Amended
Reorganization Plan. The Disclosure Statement hearing began on
July 10, 2007, and is set to continue on Oct. 10, 2007.
TELENET BIDCO: Fitch Rates EUR2.3 Billion Senior Loan at BB
-----------------------------------------------------------
Fitch Ratings has assigned Belgium-based Telenet BidCo NV's new
EUR2.3 billion senior secured bank facility a rating of 'BB'.
Fitch has withdrawn the ratings of the existing EUR1 billion
bank facility ('BB+'), Telenet Communications NV's senior notes
('BB'), and Telenet Group Holding NV's senior discount notes
('B+') following the repayment and cancellation of the existing
bank facility and the redemption of the bonds on Oct. 10, 2007.
Telenet's new bank facility is structured as:
-- EUR530 million five year term loan A;
-- EUR532.5 million six and a half year (6 year average life)
term loan B;
-- EUR1.1 billion eight year term loan C; and
-- EUR175 million seven year revolving credit facility.
The security package reflects that of the retired facility, and
includes share pledges over key group companies, pledges over
business assets and mortgages over real estate. Financial
covenants include a maximum incurrence test (Net Total Debt /
Consolidated Annualized EBITDA) of 5x, leverage covenant (Net
Total Debt / Consolidated Annualized EBITDA) of 6.25x, falling
to 6.0x in 2010 and minimum Consolidated EBITDA / Total Cash
Interest of 2.1x.
The rating of the new bank facilities is one notch lower ('BB')
than that of the bank facility being replaced ('BB+'). This
compression (relative to Telenet's Long-term Issuer Default
rating of 'BB-') reflects the higher leverage multiple the
company has now indicated it will run its business at, along
with the fact that, once the refinancing and capital
distribution are complete, the company will be funded largely
with senior bank debt.
As at year ending 2006, Telenet had senior leverage (senior
debt/EBITDA) of approximately 1.9x and total leverage of 3.8x.
Fitch estimates at present that the company will end 2007 with
leverage in the range of 4.7-4.8x, which, but for a small amount
of finance leases and accrued fees relating to the use of its
Partner network, will reflect drawings under the new bank
facility. The company has recently indicated it will maintain
leverage at up to 5x.
Telenet is the cable operator in the Flanders region in Belgium.
It has approximately 1.7 million unique customers accessed
through its own two-way capable cable network, and provides
coverage to a further 800,000 homes through the
Interkabel/Partner network (with which Telenet has a 50 year
service contract). In the six months to June 2007, the company
generated EBITDA of EUR217.9 million (up by 19% year-on-year) on
sales of EUR456.7 million (up 15% year-on-year) - reflecting a
margin of 48%.
Telenet's Long-term IDR is 'BB-' with Stable Outlook.
===========
F R A N C E
===========
EDITIS HOLDING: Moody's Lifts Corporate Family Rating to Ba3
------------------------------------------------------------
Moody's Investors Service upgraded to Ba3 from B1 the corporate
family rating of Editis Holding S.A.
This corporate Family rating has been re-assigned from Odyssee 1
S.A.S. The outlook for the ratings is stable.
The rating upgrade reflects:
(i) the company's improved operating efficiency with a margin
based on reported operating income before other operating
items excluding impact of goodwill of 10.6% for FY06 up
from 9.3% in FY05 despite the transfer of the Larousse
activity;
(ii) the company's substantial de-leveraging with leverage
down to 4.8 times on a debt to Ebitda basis from 5.2
times in fiscal year 2005 and around 6.3 times on a net
basis at the time of the initial rating assignment; and
(iii) the successful integration of recent acquisitions such as
publishers Cherche Midi, First and XO.
The Ba3 corporate family rating also reflects the likelihood
that the company could consider larger acquisitions in the
fragmented French publishing market in the medium-term, although
near-term the credit facilities' covenants afford some
protection. The ratings further reflect the relatively high
level of seasonality in Editis' business with approximately 80%
of its EBITDA generated in the second half and some concern that
the company might have to step up its so far limited investment
in electronic product development over time.
Editis' Ba3 Corporate Family Rating factors the company's
leading market positions with well known established brands and
the stability of the French publishing market, which enjoys the
highest per capita book consumption in Europe as well as
relative pricing stability for end-consumers.
Editis' broad sales base and diversity of earnings from an
approximately equal spread between its three main segments:
literature, education and sales and distribution despite a
limited geographical distribution in terms of sales, is viewed
by Moody's as a credit positive. The relatively high barriers
to entry for new (foreign) entrants due to the French language
and cultural barriers, and Interforum Editis' strong sales and
distribution platform are also reflected in the rating.
Moody's expects that the company's main focus will be on organic
growth and that the company's free cash flows generated will be
used primarily for debt reduction in line with stated strategy.
The rating is strongly positioned within the Ba3 rating
category. Headroom exists within this rating for the company to
consider small bolt-on acquisitions, however any substantial
debt funded acquisitions could put downward pressure on the
rating.
Headquartered in Paris, France, Editis is the second largest
publisher in France. For the financial year to Dec. 31, 2006,
Editis reported net revenues of EUR755 million.
=============
G E R M A N Y
=============
1A AUTOMATION: Creditors' Meeting Slated for October 29
-------------------------------------------------------
The court-appointed insolvency manager for 1a Automation GmbH,
Harald E. Manias will present his first report on the Company's
insolvency proceedings at a creditors' meeting at 10:00 a.m. on
Oct. 29.
The meeting of creditors and other interested parties will be
held at:
The District Court of Friedberg (Hessen)
Hall 20a
Homburger Strasse 18
61169 Friedberg (Hessen)
Germany
The Court will also verify the claims set out in the insolvency
manager's report on Nov. 5 at the same venue.
Creditors have until Oct. 25 to register their claims with the
court-appointed insolvency manager.
The insolvency manager can be reached at:
Harald E. Manias
LG-Fach 70
Zasiusstr. 35
79102 Freiburg i. Br.
Germany
Tel: 0761/75323
Fax: 0761/73791
The District Court of Freiburg opened bankruptcy proceedings
against 1a Automation GmbH on Oct. 1. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
1a Automation GmbH
Schochenwinkel 16
79353 Bahlingen
Germany
A&O 4TEC: Creditors' Meeting Slated for November 8
--------------------------------------------------
The court-appointed insolvency manager for a&o 4Tec GmbH, Dr.
Frank Kebekus will present his first report on the Company's
insolvency proceedings at a creditors' meeting at 11:00 a.m. on
Nov. 8.
The meeting of creditors and other interested parties will be
held at:
The District Court of Duesseldorf
Meeting Hall A 409
Fourth Floor
Muehlenstrasse 34
40213 Duesseldorf
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 9:30 a.m. on Nov. 22 at the same venue.
Creditors have until Oct. 22 to register their claims with the
court-appointed insolvency manager.
The insolvency manager can be reached at:
Dr. Frank Kebekus
Carl-Theodor-Str. 1
40213 Duesseldorf
Germany
The District Court of Duesseldorf opened bankruptcy proceedings
against a&o 4Tec GmbH on Oct. 1. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
a&o 4Tec GmbH
Forumstrasse 24
41468 Neuss
Germany
A&O ITEC: Creditors' Meeting Slated for November 8
--------------------------------------------------
The court-appointed insolvency manager for A&O ITEC GmbH, Dr.
Frank Kebekus, will present his first report on the Company's
insolvency proceedings at a creditors' meeting at 11:45 a.m. on
Nov. 8.
The meeting of creditors and other interested parties will be
held at:
The District Court of Duesseldorf
Meeting Hall A 409
Fourth Floor
Muehlenstrasse 34
40213 Duesseldorf
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 9:45 a.m. on Nov. 22 at the same venue.
Creditors have until Oct. 22 to register their claims with the
court-appointed insolvency manager.
The insolvency manager can be reached at:
Dr. Frank Kebekus
Carl-Theodor-Str. 1
40213 Duesseldorf
Germany
The District Court of Duesseldorf opened bankruptcy proceedings
against A&O ITEC GmbH on Oct. 1. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
A&O ITEC GmbH
Forumstrasse 24
41468 Neuss
Germany
ABBING VIEH: Claims Registration Period Ends October 30
-------------------------------------------------------
Creditors of Abbing Vieh u. Futtermittel Handels GmbH have until
Oct. 30 to register their claims with court-appointed insolvency
manager Tanja Kreimer.
Creditors and other interested parties are encouraged to attend
the meeting at 8:45 a.m. on Nov. 20, at which time the
insolvency manager will present her first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court Muenster
Meeting Hall 119 B
Gerichtsstr. 2-6
48149 Muenster
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Tanja Kreimer
Klosterstrasse 33
48703 Stadtlohn
Germany
Tel: 02563/2083-0
Fax: +492563208320
The District Court of Muenster opened bankruptcy proceedings
against Abbing Vieh u. Futtermittel Handels GmbH on Sept. 28.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Abbing Vieh u. Futtermittel Handels GmbH
Attn: Maria Abbing, Manager
Weststrasse 84
48703 Stadtlohn
Germany
AKZENT HOTEL: Creditors Must File Claims by November 10
-------------------------------------------------------
Creditors of Akzent Hotel Bayerischer Hof J.& J. Skibba GmbH
have until Nov. 10 to register their claims with court-appointed
insolvency manager Robert Wartenberg.
Creditors and other interested parties are encouraged to attend
the meeting at 10:05 a.m. on Nov. 29, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Schweinfurt
Meeting Hall 22
Eingang Friedenstr. 2
Schweinfurt
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Robert Wartenberg
Friedrichstr. 15
96047 Bamberg
Germany
The District Court of Schweinfurt opened bankruptcy proceedings
against Akzent Hotel Bayerischer Hof J.& J. Skibba GmbH on
Oct. 2. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
Akzent Hotel Bayerischer Hof J.& J. Skibba GmbH
Marktplatz 9
97702 Muennerstadt
Germany
BAU GMBH: Creditors Must File Claims by November 5
--------------------------------------------------
Creditors of Bau GmbH Schreiber have until Nov. 5 to register
their claims with court-appointed insolvency manager Friedbert
Striewe.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Dec. 5, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Leipzig
Hall 056
Ground Floor
Enforcement Court
Bernhard Goering Strasse 64
04275 Leipzig
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Friedbert Striewe
Fichtestrasse 3
04275 Leipzig
Germany
The District Court of Leipzig opened bankruptcy proceedings
against Bau GmbH Schreiber on Oct. 2. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Bau GmbH Schreiber
Benndorfer Landstrasse 02
04509 Delitzsch
Germany
Attn: Gerhard Schreiber, Manager
Johannes-R.-Becher-Strasse 14
04509 Delitzsch
Germany
BAUUNTERNEHMUNG LANGENBAHN: Creditors Must File Claims by Nov. 5
----------------------------------------------------------------
Creditors of Bauunternehmung Langenbahn GmbH have until Nov. 5
to register their claims with court-appointed insolvency manager
Guenter Staab.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Dec. 5, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Saarbruecken
Area Hall 13
First Floor
Vopeliusstrasse 2
66280 Sulzbach
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Guenter Staab
Sulzbachstrasse 26
66111 Saarbruecken
Germany
The District Court of Saarbruecken opened bankruptcy proceedings
against Bauunternehmung Langenbahn GmbH on Oct. 1.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Bauunternehmung Langenbahn GmbH
Gartnerstr. 7 - 9
66125 Saarbruecken-Dudweiler
Germany
BERND MEYN: Claims Registration Period Ends November 2
------------------------------------------------------
Creditors of Bernd Meyn Werkzeugversandhandels- GmbH have until
Nov. 2 to register their claims with court-appointed insolvency
manager Norbert Schrader.
Creditors and other interested parties are encouraged to attend
the meeting at 9:20 a.m. on Nov. 15, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Wuppertal
Meeting Hall A234
Second Floor
Eiland 2
42103 Wuppertal
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Norbert Schrader
Viehhofstr. 117
42117 Wuppertal
Germany
Tel: 0202-430980
Fax: 0202-4309843
The District Court of Wuppertal opened bankruptcy proceedings
against Bernd Meyn Werkzeugversandhandels- GmbH on Oct. 1.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Bernd Meyn Werkzeugversandhandels- GmbH
Oberhoelterfelder Str. 54-56
42857 Remscheid
Germany
C CAFE GASTRONOMIEBETRIEBE: Claims Period Ends Oct. 29
------------------------------------------------------
Creditors of C Cafe Gastronomiebetriebe GmbH have until Oct. 29
to register their claims with court-appointed insolvency manager
Dr. Juergen Toemp.
Creditors and other interested parties are encouraged to attend
the meeting at 12:00 p.m. on Nov. 19, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Kleve
Meeting Hall D 177
Schlossberg 1
47533 Kleve
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Juergen Toemp
Wilhelmshofallee 75
47800 Krefeld
Germany
Tel: 02151-58130
Fax: 02151-5813134
The District Court of COURT opened bankruptcy proceedings
against C Cafe Gastronomiebetriebe GmbH on Oct. 1.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
C Cafe Gastronomiebetriebe GmbH
Stechbahn 13
47533 Kleve
Germany
Attn: Frank Gerwers, Manager
Hagsche Strasse 14-16
47533 Kleve
Germany
CASALITH VERWALTUNGS: Claims Registration Period Ends Oct. 16
-------------------------------------------------------------
Creditors of Casalith Verwaltungs-GmbH have until Oct. 16 to
register their claims with court-appointed insolvency manager
Jochen Sedlitz.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Oct. 23, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Stuttgart
Room 178
Hauffstr. 5
70190 Stuttgart
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Jochen Sedlitz
Raiffeisenstr. 30
70794 Filderstadt
Germany
The District Court of Stuttgart opened bankruptcy proceedings
against Casalith Verwaltungs-GmbH on Oct. 2. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Casalith Verwaltungs-GmbH
Attn: Baerbel Strobel-Kaeser, Manager
Alfred-Klingele-Str. 27
73630 Remshalden
Germany
CHRYSLER LLC: Council Approves New Contract Ratification
--------------------------------------------------------
The UAW Chrysler Council, which includes local union leaders
from Chrysler facilities throughout the United States, voted
overwhelmingly to recommend ratification of a new tentative
labor agreement with Chrysler reached on Oct. 10, 2007. Local
union leaders voted to recommend ratification by UAW members
after meeting yesterday, Oct. 15, 2007, at Cobo Center in
Detroit, Michigan, where they were briefed on details of the
proposed new contract.
As reported in the Troubled Company Reporter on Oct. 11, 2007,
the tentative agreement includes a memorandum of understanding
to establish an independent retiree health care trust, as well
as other changes to the national agreement. Following
ratification, implementation of the memorandum of understanding
is subject to approval by the courts and satisfactory review of
accounting treatment with the Securities Exchange Commission.
The national agreement is consistent with the economic pattern,
and balances the needs of its employees and company by providing
a framework to improve its long-term manufacturing
competitiveness.
“The UAW negotiating committees at Chrysler, both hourly and
salaried, did an excellent job bargaining this agreement and we
look forward to discussing it with our members in explanation
and ratification meetings which will begin this week,” UAW
President Ron Gettelfinger said. “Thanks to the determination
of Chrysler workers, we have moved forward on our agenda to
protect manufacturing jobs in our communities -- and we have
also protected wages, health care and pensions for active and
retired workers.”
“This proposed agreement meets the challenges of our industry
head-on,“ UAW Vice President General Holiefield, who heads the
UAW Chrysler dept, said. “It sets the stage for future success
at Chrysler, and for our members to share in that success.”
The UAW represents over 48,000 active workers and 78,000
retirees and surviving spouses at Chrysler.
About Chrysler LLC
Headquartered in Auburn Hills, Michigan, Chrysler LLC --
http://www.chrysler.com/-- offers cars and minivans, pick-up
trucks, sport utility vehicles, and vans under the Chrysler,
Jeep, and Dodge brand names. It also sells parts and
accessories under the MOPAR brand.
The company has dealers worldwide, including Canada, Mexico,
U.S., Germany, France, U.K., Argentina, Brazil, Venezuela,
China, Japan and Australia.
* * *
On Oct. 1, 2007, Standard & Poor's Ratings Services placed its
corporate credit ratings on Chrysler LLC and DaimlerChrysler
Financial Services Americas LLC on CreditWatch with positive
implications.
As reported in the Troubled Company Reporter on Aug. 8, 2007,
Standard & Poor's Ratings Services revised its loan and recovery
ratings on Chrysler LLC's (B/Negative/--) $10 billion senior
secured first-lien term loan facility due 2013, following
various changes to terms and conditions prior to closing. The
$10 billion first-lien term loan now consists of a $5 billion
"first-out" tranche and a $5 billion "second-out" tranche, so
the aggregate amount of first-lien debt remains unchanged.
Accordingly, S&P assigned a 'BB-' rating to the $5 billion
"first-out" first-lien term loan tranche. This rating, two
notches above the corporate credit rating of 'B' on Chrysler
LLC, and the '1' recovery rating indicate S&P's expectation for
very high recovery in the event of payment default. S&P also
assigned a 'B' rating to the $5 billion "second-out" first-lien
term loan tranche. This rating, the same as the corporate
credit rating, and the '3' recovery rating indicate S&P's
expectation for a meaningful recovery in the event of payment
default.
Moody's Investors Service has affirmed Chrysler Automotive LLC's
B3 Corporate Family Rating, and the Caa1 rating of the company's
$2 billion senior secured, second lien term loan in connection
with Monday's closing of DaimlerChrysler AG's sale of a majority
interest of Chrysler Group to Cerberus Capital Management LLC.
COMPEDO TINTEN: Claims Registration Period Ends Oct. 23
-------------------------------------------------------
Creditors of Compedo Tinten & Farbbaender GmbH CO have until
Oct. 23 to register their claims with court-appointed insolvency
manager Thorsten Klepper.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Nov. 20, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Hagen
Meeting Hall 259
Second Floor
Heinitzstrasse 42/44
58097 Hagen
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Thorsten Klepper
Hochstr. 124
58095 Hagen
Germany
The District Court of Hagen opened bankruptcy proceedings
against Compedo Tinten & Farbbaender GmbH on Oct. 1.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Compedo Tinten & Farbbaender GmbH
Corunnastr. 14 - 14 a
58636 Iserlohn
Germany
Attn: Richard Pennekamp, Manager
Ihmerter Str. 228 c
58675 Hemer
Germany
DIGITALDRUCKE BAYERLEIN: Claims Registration Ends November 13
-------------------------------------------------------------
Creditors of Digitaldrucke Bayerlein GmbH have until Nov. 13 to
register their claims with court-appointed insolvency manager
Andree Wernicke.
Creditors and other interested parties are encouraged to attend
the meeting at 9:20 a.m. on Nov. 29, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Augsburg
Meeting Hall 162
Alten Einlass 1
86150 Augsburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Andree Wernicke
Grottenau 6
86150 Augsburg
Germany
The District Court of Augsburg opened bankruptcy proceedings
against Digitaldrucke Bayerlein GmbH on Oct. 1. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Digitaldrucke Bayerlein GmbH
Attn: Dieter Bayerlein, Manager
Benzstr. 11
86356 Neusass
Germany
ECKL UND WIEDENHOEFT: Claims Registration Ends October 30
---------------------------------------------------------
Creditors of Eckl und Wiedenhoeft GmbH have until Oct. 30 to
register their claims with court-appointed insolvency manager
Torsten Gutmann.
Creditors and other interested parties are encouraged to attend
the meeting at 9:05 a.m. on Dec. 4, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Hannover
Hall 226
Second Upper Floor
Service Bldg.
Hamburger Allee 26
30161 Hannover
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Torsten Gutmann
Kriegerstrasse 44
30161 Hannover
Germany
Tel: 0511 2206268-0
Fax: 0511 2206268-9
The District Court of Hannover opened bankruptcy proceedings
against Eckl und Wiedenhoeft GmbH on Oct. 1. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Eckl und Wiedenhoeft GmbH
Nordstr. 9
31515 Wunstorf
Germany
FRUEH-LINK TRANSPORT: Claims Registration Period Ends Nov. 1
------------------------------------------------------------
Creditors of FRUEH-LINK Transport GmbH mit Sitz in Zierow have
until Nov. 1 to register their claims with court-appointed
insolvency manager Bettina Schmudde.
Creditors and other interested parties are encouraged to attend
the meeting at 10:45 a.m. on Dec. 3, at which time the
insolvency manager will present her first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Schwerin
Hall 7
Demmlerplatz 14
19053 Schwerin
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Bettina Schmudde
Jungfernstieg 51
20354 Hamburg
Germany
The District Court of Schwerin opened bankruptcy proceedings
against FRUEH-LINK Transport GmbH mit Sitz in Zierow on Oct. 1.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
FRUEH-LINK Transport GmbH mit Sitz in Zierow
Attn: Volker Wattenbach, Manager
Gewerbering 5
23968 Gagelow b. Wismar
Germany
KLINKSIEK GMBH: Creditors Must File Claims by November 8
--------------------------------------------------------
Creditors of Klinksiek GmbH & Co KG have until Nov. 8 to
register their claims with court-appointed insolvency manager
Jochen Schnake.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Nov. 29, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Bielefeld
Hall 4065
Fourth Floor
Gerichtstrasse 66
33602 Bielefeld
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Jochen Schnake
Ravensberger Str. 11 u. 12
33824 Werther
Germany
The District Court of Bielefeld opened bankruptcy proceedings
against Klinksiek GmbH & Co KG on Sept. 20. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Klinksiek GmbH & Co KG
Zum Hiddinghof 16
33775 Versmold
Germany
KOMBINART GMBH: Creditors Must File Claims by November 6
--------------------------------------------------------
Creditors of Kombinart GmbH have until Nov. 6 to register their
claims with court-appointed insolvency manager Bernd Reuss.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Dec. 6, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Giessen
Hall 408
Fourth Floor
Building B
Gutfleischstrasse 1
35390 Giessen
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Bernd Reuss
Mainzer-Tor-Anlage 33
D 61169 Friedberg
Germany
The District Court of Giessen opened bankruptcy proceedings
against Bernd Reuss on Oct. 2. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Kombinart GmbH
Luetzellindener Strasse 6
35440 Linden
Germany
Attn: Heiko Glasel, Manager
Braugasse 1
63691 Ranstadt
Germany
MT INTERNATIONEL: Claims Registration Period Ends Nov. 2
--------------------------------------------------------
Creditors of MT Internationel GmbH have until Nov. 2 to register
their claims with court-appointed insolvency manager Sven Bader.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Nov. 22, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Wuppertal
Meeting Hall A234
Second Floor
Eiland 2
42103 Wuppertal
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Sven Bader
Carl-Grueber-Weg 14
42853 Remscheid
Germany
Tel: 02191/421010
Fax: 02191/421070
The District Court of Wuppertal opened bankruptcy proceedings
against MT Internationel GmbH on Oct. 1. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
MT Internationel GmbH
Attn: Monika Troost, Manager
Muehlenstr. 7
42897 Remscheid
Germany
MT MALER: Claims Registration Period Ends November 3
----------------------------------------------------
Creditors of MT Maler Team GmbH have until Nov. 3 to register
their claims with court-appointed insolvency manager Frank
Ziegler.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Dec. 3, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Wuppertal
Meeting Hall A234
Second Floor
Eiland 2
42103 Wuppertal
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Frank Ziegler
Untere Koenigsstrasse 71
34117 Kassel
Germany
Tel: 0561/78496-0
Fax: 0561/78496-22
E-mail: info@rechtsanwalt-in-kassel.de
The District Court of Wuppertal opened bankruptcy proceedings
against MT Maler Team GmbH on Oct. 1. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
MT Maler Team GmbH
Attn: Peter Graf, Manager
Naumburger Str. 19
34127 Kassel
Germany
NYLSTAR DEUTSCHLAND: Claims Registration Ends November 12
---------------------------------------------------------
Creditors of Nylstar Deutschland GmbH have until Nov. 12 to
register their claims with court-appointed insolvency manager
Dr. Heinz Pantaleon gen. Stemberg.
Creditors and other interested parties are encouraged to attend
the meeting at 10:30 a.m. on Nov. 19, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Freiburg i. Br.
Hall I
Holzmarkt 2
79098 Freiburg i.Br.
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Heinz Pantaleon gen. Stemberg
LG-Fach 107
Schillerstr. 2
79102 Freiburg i. Br.
Germany
Tel: 0761/703900
Fax: 0761/7039052
The District Court of Freiburg i. Br. opened bankruptcy
proceedings against Nylstar Deutschland GmbH on Oct. 1.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Nylstar Deutschland GmbH
Mitscherlichstr. 8
79108 Freiburg
Germany
Attn: Maurizio Piglione, Manager
c/o Alvarez and Marsal Kitalia srl
Via Santa Maria Segreta 6
20123 Milano
Italy
PORTIUS GMBH: Claims Registration Ends November 13
--------------------------------------------------
Creditors of Portius GmbH have until Nov. 13 to register their
claims with court-appointed insolvency manager Burckhardt
Reimer.
Creditors and other interested parties are encouraged to attend
the meeting at 10:55 a.m. on Dec. 13, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Hamburg
Hall B405
Fourth Floor
Sievkingplatz 1
20355 Hamburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Burckhardt Reimer
Domstrasse 15
20095 Hamburg
Germany
The District Court of Hamburg opened bankruptcy proceedings
against Portius GmbH on Oct. 1. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Portius GmbH
Attn: Peter Middelhoff, Manager
Marlowring 1
22525 Hamburg
Germany
RATIE FOTO: Claims Registration Ends November 12
------------------------------------------------
Creditors of RATIE Foto GmbH have until Nov. 12 to register
their claims with court-appointed insolvency manager
Christian Graf Brockdorff.
Creditors and other interested parties are encouraged to attend
the meeting at 10:30 a.m. on Dec. 19, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Potsdam
Hall 301
Nebenstelle Lindenstrasse 6
14467 Potsdam
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Christian Graf Brockdorff
Friedrich-Ebert-Strasse 36
14469 Potsdam
Germany
The District Court of Potsdam opened bankruptcy proceedings
against RATIE Foto GmbH on Oct. 2. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
RATIE Foto GmbH
Attn: Britta Preusser, Manager
Lankwitzer Strasse 33
12107 Berlin
Germany
RESERV GESELLSCHAFT: Creditors Must File Claims by November 5
-------------------------------------------------------------
Creditors of ReServ Gesellschaft fuer Recycling-Service mbH have
until Nov. 5 to register their claims with court-appointed
insolvency manager Hans Joachim Sistig.
Creditors and other interested parties are encouraged to attend
the meeting at 8:50 a.m. on Dec. 5, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Cologne
Meeting Hall 142
First Floor
Luxemburger Strasse 101
50939 Cologne
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Hans Joachim Sistig
Hochwinkel 3 a
51069 Cologne
Germany
The District Court of Cologne opened bankruptcy proceedings
against ReServ Gesellschaft fuer Recycling-Service mbH on
Oct. 1. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
ReServ Gesellschaft fuer Recycling-Service mbH
Hansestr. 91
51149 Cologne
Germany
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I R E L A N D
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COMMSCOPE: Moody's Cuts Rating to Ba3 Pending Andrew Acquisition
----------------------------------------------------------------
Moody's Investors Service concluded its review of CommScope,
Inc. and downgraded the company's corporate family rating to Ba3
from Ba2 pending the company's debt financed acquisition of
Andrew Corp.
Additionally, Moody's downgraded the company's US$250 million
convertible subordinated debentures to B2 from Ba3. The
acquisition will be financed by US$2.55 billion of senior
secured credit facilities to which Moody's has assigned Ba3
ratings. The outlook is stable.
Moody's placed CommScope under review for downgrade on June 27,
2007 after the company's announcement of their intent to acquire
Andrew Corporation for US$2.6 billion. The acquisition has been
approved by both company's boards but is still conditioned on
Andrew shareholder and regulatory approvals.
These ratings were downgraded:
-- Corporate Family Rating -- to Ba3 from Ba2;
-- Probability of Default Rating -- to Ba3 from Ba2;
-- US$250 million Convertible Senior Subordinated Debentures
due 2024 -- to B2, LGD6 (95%) from Ba3, LGD5 (73%).
These new ratings were assigned:
-- US$250 million Senior Secured Revolving Credit Facility
due 2013 -- Ba3, LGD3 (45%);
-- US$2.3 billion Senior Secured Term Loan due 2014 -- Ba3,
LGD3 (45%).
The company's Ba3 rating reflects the relatively high pro forma
leverage upon closing the acquisition, the risks associated with
integrating two companies roughly equal in size and the
cyclicality of the cable, telecommunications, and enterprise
connectivity markets. The leverage and integration challenges
are reflective of a B1 rating however they are offset by the
strength of CommScope's and Andrew's respective market leading
positions, the diversity of the combined product portfolio,
management's track record of successful large integrations and
the potential synergies associated with the Andrew acquisition.
The ratings are however considered on the weaker end of the Ba3
ratings category.
The closing pro forma debt to EBITDA as adjusted by Moody's is
expected to be just under 5.0x, a level more common in B1 rated
component manufacturers. The company is expected to de-lever
fairly quickly however through a combination of asset sales of
non-strategic assets and estimates of up to US$100 million in
annual cost savings from consolidating manufacturing and
distribution facilities and reducing duplicate operations.
Moody's also notes that Commscope's US$250 million in
convertible debt is heavily "in the money" and will likely
convert to equity in the next 18 months. Moody's notes
management's past success in integrating the 2004 acquisition of
Avaya's Connectivity Solutions business and track record of
reducing leverage. Moody's believes the company is capable of
reducing leverage to below 4.0x by the end of fiscal 2008.
The stable outlook reflects Moody's expectation that the company
will successfully integrate the Andrew acquisition and quickly
focus on improving cash flow and reducing debt.
The ratings could be positively impacted by success in
integrating Andrew and achieving synergy targets, continued
growth in revenue, EBITDA and free cash flow and reducing
leverage to below 3.5x.
CommScope's ratings may be negatively impacted by unexpected
challenges associated with the Andrew acquisition, greater than
expected increases in material costs, a severe downturn in
customer spending across segments, or an additional large debt
financed acquisition, share repurchase or dividend.
CommScope is a provider of cable and connectivity solutions for
enterprise, cable, and telecom industries. The Company is
headquartered in Hickory, North Carolina. CommScope has
facilities in Brazil, Australia, China and Ireland.
=========
I T A L Y
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DANA CORP: Amends Centerbridge Capital Investment Agreement
-----------------------------------------------------------
Dana Corporation has entered into an amendment to an investment
agreement it reached with Centerbridge Capital Partners L.P., on
July 26, 2007. Dana's board of directors has rejected an
alternative investment offer submitted by Appaloosa Management
L.P.
The original terms of the Centerbridge investment agreement
provided, for an affiliate of Centerbridge to purchase
US$250 million in convertible preferred shares of reorganized
Dana (Series A), and for qualified supporting creditors to have
an opportunity to purchase US$500 million in convertible
preferred shares (Series B) on a pro rata basis.
Centerbridge had agreed to purchase up to US$250 million of any
Series B shares that were not purchased by the creditors.
Among the amendments to the Centerbridge agreement are:
-- A commitment by Centerbridge to fully underwrite the
purchase of the US$500 million of Series B shares of
reorganized Dana, an increase from the US$250 million that
Centerbridge had agreed to underwrite.
-- Centerbridge's consent to an amendment to Dana's proposed
plan of reorganization to provide for a cash payment of
up to US$40 million to certain general unsecured creditors
who are not eligible to purchase Series B shares because
their individual claims are less than US$25 million or
they are not "qualified institutional investors" as
defined in U.S. securities laws.
-- Dana's agreement not to solicit or entertain any proposal
for an investment, transaction, or plan of reorganization
that would be an alternative to the Centerbridge
investment and the elimination of Dana's right to
terminate the Centerbridge investment agreement to accept
any alternative investment or transaction proposal.
The amendment, which is subject to approval by the Bankruptcy
Court for the Southern District of New York, where the company's
Chapter 11 bankruptcy proceeding is pending, is required to be
approved by Nov. 15, 2007.
Appaloosa Management Proposal
In conjunction with the Bankruptcy Court's established
procedures for qualified potential investors interested in
exploring alternative proposals to the Centerbridge investment,
Appaloosa delivered an offer for an alternative investment to
Dana and the Official Committee of Unsecured Creditors on
Sept. 21, 2007.
As contemplated by the alternative proposal procedures, Dana's
board of directors reviewed and considered Appaloosa's offer.
After discussions among the parties and the various bankruptcy
constituents, Dana's board rejected Appaloosa's offer.
About Dana Corporation
Based in Toledo, Ohio Dana Corporation -- http://www.dana.com/
-- designs and manufactures products for every major vehicle
producer in the world, and supplies drivetrain, chassis,
structural, and engine technologies to those companies. Dana
employs 46,000 people in 28 countries. Dana is focused on being
an essential partner to automotive, commercial, and off-highway
vehicle customers, which collectively produce more than 60
million vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin-American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on Mar. 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2005, the Debtors listed US$7,900,000,000 in total
assets and US$6,800,000,000 in total debts.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on
Aug. 31, 2007. The Court has set a hearing on Oct. 23, 2007, to
consider the adequacy of the Disclosure Statement explaining the
Debtors' Plan.
IMAX CORPORATION: Catalyst Fund Withdraws New York Lawsuit
----------------------------------------------------------
IMAX Corporation last Thursday reported that Catalyst Fund
Limited Partnership II has withdrawn the lawsuit it filed
against IMAX in the New York State Supreme Court.
Catalyst was seeking to invalidate the consents the company
successfully received from a majority of its bondholders on
April 16, 2007 extending the deadline to file the company's
annual and other reports and waiving any existing defaults
arising from a failure to comply with the reporting covenant
under the indenture governing the Company's senior notes.
IMAX viewed the suit as entirely without merit and immediately
moved to dismiss the complaint when it was filed on May 10,
2007. Catalyst then asked the Court for permission to withdraw
the suit, which was granted on Oct. 9, 2007. In September,
Catalyst filed an application with the Superior Court for the
Province of Ontario to litigate substantially the same matter in
Canada.
IMAX is contesting that application as well, and similarly views
it to be without merit.
Catalyst unsuccessfully opposed the company's consent
solicitation and unsuccessfully attempted to trigger an event of
default under the company's senior notes indenture on numerous
occasions. Most recently, Catalyst issued a purported notice of
default dated
Oct. 10, 2007. The company believes it is in compliance with
the senior notes indenture and that Catalyst's claims are
without merit.
About IMAX Corporation
Based in New York City and Toronto, Canada, IMAX Corporation
(NASDAQ:IMAX; TSX:IMX) -- http://www.imax.com/-- is an
entertainment technology company, with emphasis on film and
digital imaging technologies including 3D, post-production and
digital projection. IMAX is a fully-integrated, out-of-