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
Thursday, November 29, 2007, Vol. 8, No. 237
Headlines
A U S T R I A
HANS HASLINGER: Linz Court Orders Business Shutdown
ISHTAR BAU: Claims Registration Period Ends Dec. 27
NANOSHELL MATERIALS: Creditors' Meeting Slated for Dec. 4
NOWAK DACHSANIERUNG: Vienna Court Orders Business Shutdown
SAMER TRANSPORT: Creditors' Meeting Slated for Dec. 6
B E L G I U M
ARAMARK CORP: Teams Up with Amerex to Reduce Energy Costs
F I N L A N D
HILTON HOTELS: To Issue US$500 Mln Unsecured Floating Rate Notes
F R A N C E
AEROCAST: French Court Rules for Compulsory Liquidation
RHODIA SA: Sept. 30 Balance Sheet Upside-Down by EUR226 Million
RHODIA SA: Implements Global Price Increases for All Products
G E R M A N Y
AUTOHAUS PETERS: Claims Registration Period Ends Dec. 28
BAUSANIERUNGUSEDOM GMBH: Claims Registration Period Ends Dec. 14
BERLIN ASSETS: Claims Registration Period Ends Dec. 24
BURG BUSCHDORF: Claims Registration Ends December 21
CAT-CALL-GMBH: Claims Registration Period Ends Dec. 27
DIMEDIA CTC: Creditors' Meeting Slated for December 13
ECKERT'S FLIESENLEGER: Claims Registration Ends December 21
FMV VERWALTUNGSGESELLSCHAFT: Claims Registration Ends Dec. 19
GAT KATALYSATOREN: May File Insolvency Over Faulty Filters
GMK BAUBETREUUNGS: Claims Registration Ends December 4
HEBUS KOMMUNIKATIONSTECHNIK: Claims Period Ends Dec. 13
HLI INDUSTRIE-ELEKTRONIK: Claims Registration Ends Dec. 21
IKB DEUTSCHE: Expects Higher Losses; Seeks More Funding
KONDITOREI - CAFE: Claims Registration Period Ends Dec. 12
MERRIKH GASTRO: Claims Registration Period Ends Jan. 9, 2008
MERTON REAL: Creditors' Meeting Slated for Dec. 10
MICHAEL FUNKE: Claims Registration Ends December 10
MMORE INTERNATIONAL: Claims Registration Ends December 19
NRG ENERGY: Discloses New Consent Alternative Solicitations
P & S BAUGESELLSCHAFT: Claims Registration Ends December 10
SCHIFFER BAUGESELLSCHAFT: Claims Registration Ends Dec. 21
TERWEDOW BAUGESELLSCHAFT: Claims Period Ends Dec. 14
TIMEVISION GMBH: Claims Registration Period Ends Dec. 14
W.C.S. GMBH: Claims Registration Period Ends Dec. 28
WLG LOGISTIK: Creditors' Meeting Slated for Dec. 18
ZEITARBEIT GROSSMANN: Claims Registration Period Ends Dec. 21
I T A L Y
ALITALIA SPA: PM Sees New Owner for 49.9% Stake by Dec. 25
DANA CORP: Wants Pact Resolving Appaloosa Dispute Approved
DANA CORP: Secures US$2 Billion Exit Financing
PARMALAT SPA: Allocated Shares to Creditors Hike Stock Capital
TISCALI SPA: Unveils Strategic Plan for 2008-2012
K A Z A K H S T A N
AGROSERVICE ILI: Creditors Must File Claims by Dec. 28
ARAL LLP: Creditors Must File Claims by Dec. 28
ATLANTA KAZINVEST: Claims Filing Period Ends Dec. 28
ECO OIL: Creditors' Claims Due on Jan. 1
FOTO LIFE: Claims Registration Ends Dec. 28
KAZAKHSTANSKY AKTAURNY: Creditors Must File Claims by Dec. 28
ZLAK INVEST: Claims Filing Period Ends Dec. 28
K Y R G Y Z S T A N
GIANT KING: Proof of Claim Deadline Slated for December 26
N E T H E R L A N D S
HEXION SPECIALTY: Hikes Cardura, ACE, VeoVa & Versatic Prices
NEPTUNO CLO III: Moody's Rates Class E Sr. Sec. Notes at (P)Ba3
P O L A N D
AFFILIATED COMPUTER: Board Authorizes US$1 Bln Share Repurchase
AFFILIATED COMPUTER: Five Former Directors Drop Lawsuits
R U S S I A
AGROPRODUCT CJSC: Creditors Must File Claims by Dec. 17
ALATYRSKAYA AGRIPROMCHEMISTRY: Claims Filing Period Ends Dec. 17
BRYUHOVETSKOYE OJSC: Court Hearing Slated for March 24, 2008
LUCH OJSC: Creditors Must File Claims by Jan. 17, 2008
MONTAZHTECHSTROY: Creditors Must File Claims by Jan. 17, 2008
POBEDA: Schedules Asset Auction for Dec. 18
ROSNEFT OIL: Wants to Cover 30% of Own Power by 2020
TATA MOTORS: Rolls Out One Millionth Car Off Indica Platform
VERHNESALDINSKIJ GORODSKOJ: Claims Filing Ends Jan. 17, 2008
S P A I N
FONCAIXA FTGENCAT 5: Moody's Junks EUR26.5 Mln Series D Notes
* Moody's Says Amended Mortgage Law Will Benefit Spanish Holders
S W I T Z E R L A N D
BORER INFORMATIK: Basel-Country Court Starts Bankruptcy Process
COSITRON JSC: Claims Registration Period Ends December 4
FILOSI VOUILLAMOZ: Creditors Must File Claims by December 5
GREUTER JSC: Zurich Court Closes Bankruptcy Proceedings
GRAVAS COMMERCIAL: Creditors' Liquidation Claims Due by Dec. 5
KALENDER-VERLAG: Solothurn Court Starts Bankruptcy Proceedings
L-CON LLC: Zurich Court Closes Bankruptcy Proceedings
LEISURE WEAR: Creditors' Liquidation Claims Due by December 5
LUECHTER & SCHWARTZ: Creditors Must File Claims by December 5
OSTERTAG HAUSAMANN: Creditors Must File Claims by December 5
PC-TREND LLC: Claims Registration Period Ends December 3
PROCONTAS LLLC: Creditors' Liquidation Claims Due by December 3
SANWAY JSC: Claims Registration Period Ends December 2
TRADEX SWISS AG: Chapter 15 Petition Summary
TRANIC LTD: Creditors' Liquidation Claims Due by December 3
VESPASIAN BERATUNGEN: Creditors Must File Claims by December 5
T U R K E Y
SINAI KALKINMA: Fitch Affirms Low-B Ratings with Stable outlook
U K R A I N E
ASTRA-STYLE LLC: Creditors Must File Claims by November 30
DOVIRA LLC: Creditors Must File Claims by November 30
EDELWEISS LLC: Creditors Must File Claims by November 30
KOLOMIYA AGRICULTURAL: Creditors Must File Claims by November 30
OBERIG: Proofs of Claim Filing Ends November 30
PORT LAND: Creditors Must File Claims by November 30
PRIMEKS PROFI: Creditors Must File Claims by November 30
STAROBILSK PROVISIONS: Proofs of Claim Filing Ends November 30
TSENTURION LLC: Creditors Must File Claims by November 30
V. M. G. LLC: Creditors Must File Claims by November 30
ZOLOTOY KOLOS: Proofs of Claim Filing Ends November 30
U N I T E D K I N G D O M
BEE FLY: Appoints Joint Administrators from BDO Stoy
BUSINESS MORTGAGE: Moody's Rates EUR12.37 Mln Notes at Ba1
BRITISH AIRWAYS: Consortium Withdraws Iberia Bidding Interest
CABLE & WIRELESS: Former Chair Criticizes Executive Payoff
CABLE & WIRELESS: Launching Disabling Service for Stolen Phones
CHLOE TRADING: Calls In Liquidators from Wilkins Kennedy
COLUMBIA FINISHING: Brings In Liquidators from Mazars
DIRECT LEISURE: Names Neil Francis Hickling Liquidator
DIVERSITY FUNDING 1: S&P Assigns B Prelim Ratings to F Notes
DUKE FUNDING II: S&P Junks Class D Notes on Lack of Proposals
EMI GROUP: Moody's Withdraws B1 Corporate Family Rating
ENTERPRISE VENDING: Brings In Administrators from Deloitte
FIRST VENDING: Taps Deloitte & Touche to Administer Assets
FORD MOTOR: Kentucky State Approves US$60M Investment Incentives
IMEX LOGISTICS: Taps Liquidator from Kingston Smith & Partners
INNOVATIVE GROUP: Calls In Liquidators from Menzies Corporate
LUCKY ESTATES: Claims Filing Period Ends January 15, 2008
MAINSAIL II: S&P Junks Capital Notes on Payment Failure
MORTGAGE FINANCE 7: Fitch Rates GBP7.9 Mln Class C Notes at BB
NORMANBY WEFCO: Creditors' Meeting Slated for December 7
PARAGON GROUP: Selling Off Loan Assets to Avert Rights Issue
RMC COMPONENTS: Appoints Administrators from Begbies Traynor
SACHSEN FUNDING I: S&P Junks Capital Notes on Lack of Proposals
SANYO ELECTRIC: Cooked Books to Pay Dividend, Sources Say
SANYO ELECTRIC: To Invest JPY20 Billion in Chip Business
SEA CONTAINERS: SeaCon Ltd. Files Sept. 2007 Operating Report
SEA CONTAINERS: SeaCon Services Files Sept. 2007 Report
SEA CONTAINERS: SeaCon Carribean Files Sept. 2007 Report
TOP SECURITY: Appoints Liquidator from Mazars
VISUAL GRAPHIC: Joint Liquidators Take Over Operations
WHITELEY HENSHAW: Claims Filing Period Ends January 31, 2008
XELA INVESTMENTS: Hires Liquidator from Tenon Recovery
* Upcoming Meetings, Conferences and Seminars
*********
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A U S T R I A
=============
HANS HASLINGER: Linz Court Orders Business Shutdown
---------------------------------------------------
The Land Court of Linz entered Oct. 23 an order shutting down
the business of LLC Hans Haslinger - Internationale Transporte
(FN 121781s).
Court-appointed estate administrator Guenther Grassner
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. Guenther Grassner
Suedtirolerstr. 4-6
4020 Linz
Austria
Tel: 070770815
Fax: 070770816
E-mail: lawfirm@gltp.at
Headquartered in Traun, Austria, the Debtor declared bankruptcy
on Oct. 18 (Bankr. Case No 38 S 53/07h).
ISHTAR BAU: Claims Registration Period Ends Dec. 27
---------------------------------------------------
Creditors owed money by LLC ISHTAR Bau (FN 289528b) have until
Dec. 27 to file written proofs of claim to court-appointed
estate administrator Eva Wexberg at:
Dr. Eva Wexberg
c/o Dr. Walter Kainz
Gusshausstrasse 23
1040 Vienna
Austria
Tel: 505 88 31
Fax: 505 94 64
E-mail: kanzlei@kainz-wexberg.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:50 a.m. on Jan. 9, 2008, 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 Oct. 23 (Bankr. Case No. 2 S 145/07x). Walter Kainz
represents Dr. Wexberg in the bankruptcy proceedings.
NANOSHELL MATERIALS: Creditors' Meeting Slated for Dec. 4
---------------------------------------------------------
Creditors owed money by LLC Nanoshell Materials Research &
Development (FN 260859t) are encouraged to attend the creditors'
meeting at 9:00 a.m. on Dec. 4.
The creditors' meeting will be held at:
The Land Court of Klagenfurt
Conference Hall 225
Second Floor
Klagenfurt
Austria
Headquartered in Klagenfurt, Austria, the Debtor declared
bankruptcy on Oct. 25 (40 S 52/07y). Bernhard Fink serves as
the court-appointed estate administrator of the bankrupt's
estate.
The estate administrator can be reached at:
Dr. Bernhard Fink
Bahnhofstrasse 5
9020 Klagenfurt
Austria
Tel: 0463/541 46
Fax: 0463/541 46-15
E-mail: office@fink-bernhart.at
NOWAK DACHSANIERUNG: Vienna Court Orders Business Shutdown
----------------------------------------------------------
The Trade Court of Vienna entered Oct. 23 an order shutting down
the business of KEG NOWAK Dachsanierung (FN 222185v).
Court-appointed estate administrator Georg Freimueller
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. Georg Freimueller
Alser Strasse 21
1080 Vienna
Austria
Tel: 406 05 51
Fax: 406 96 01
E-mail: kanzlei@jus.at
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Oct. 16 (Bankr. Case No 38 S 55/07a).
SAMER TRANSPORT: Creditors' Meeting Slated for Dec. 6
-----------------------------------------------------
Creditors owed money by KEG Samer Transport (FN 262325y) are
encouraged to attend the creditors' meeting at 2:50 a.m. on
Dec. 6.
The creditors' meeting will be held at:
The Land Court of Graz
Hall L
Room 230
Graz
Austria
Headquartered in Graz-Wetzelsdorf, Austria, the Debtor declared
bankruptcy on Oct. 25 (25 S 114/07p). Roland Gsellmann serves
as the court-appointed estate administrator of the bankrupt's
estate.
The estate administrator can be reached at:
Dr. Roland Gsellmann
Farberplatz 1
8010 Graz
Austria
Tel: 0316/835692
Fax: 0316/835692-15
E-mail: office@herdeygsellmann.at
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B E L G I U M
=============
ARAMARK CORP: Teams Up with Amerex to Reduce Energy Costs
---------------------------------------------------------
Aramark Corporation has entered into a national partnership with
Amerex Energy Services to provide clients with an array of
energy services, including the purchase of renewable energy
credits.
"Businesses and institutions nationwide are aggressively working
to improve their environmental footprint - for themselves, for
their customers, and for their communities," said Ron Mesaros,
associate vice president of technical services for ARAMARK.
"Together, Aramark and Amerex can offer these institutions more
innovative ways to reduce their energy costs and complement
their strategies for sustainability."
Aramark's energy management programs are a vital component of an
institution's overall strategy toward environmental stewardship.
Through its services, Aramark helps institutions calculate their
carbon footprint, reduce reliance on fossil fuels, procure
alternative energy, achieve LEED certification, and
reduce greenhouse gas emissions.
Amerex Energy Services, a division of Amerex Brokers LLC, a
wholly owned subsidiary of GFI Group Inc. is a national energy
consultant that works with retail electric providers and
wholesale power suppliers to procure energy for its clients.
The company provides a wide array of energy and energy-related
financial tools to help its clients lower their energy costs.
The company serves a global client network of more than 1,000
firms, including thousands of traders and risk management
professionals.
Together, ARAMARK and Amerex will offer a broad portfolio of
options to help businesses reduce energy use and cost-
effectively procure energy resources. Services offered include
conducting energy audits, developing energy reduction
strategies, negotiating contracts with electricity and natural
gas providers, training facility staff on energy efficiency, and
providing ongoing insight into the energy market.
The companies will also assist institutions with the purchase of
RECs. RECs represent units of energy expended by a business
which, when purchased, are invested into renewable energy
solutions such as wind power, water power and solar energy. A
growing number of institutions are purchasing RECs as a way to
minimize their impact on the environment and affect climate
change.
Aramark and Amerex recently partnered with Integrys Energy
Services Inc. and Credit Suisse Group to help Baylor University
negotiate a ground breaking 10-year power deal that will save
more than US$2 million of the US$13.5 million the university
spends annually on electricity for the 735-acre campus. The
agreement includes the finance and support of wind-generated
electricity, support for the development of wind farms in Texas,
and the development of alternative energy sources in higher
education. For its efforts, Baylor received a "2007 Award for
Innovation" for the National Association of College and
University Business Officers.
"The new energy contract at Baylor is a breakthrough agreement
for universities looking for creative ways to remain good
stewards to their communities," added Mr. Mesaros. "This
national partnership will allow Aramark and Amerex to bring
critical energy management knowledge and insights to other
institutions throughout the United States."
About Aramark
Headquartered in Philadelphia, Pennsylvania, Aramark Corp.
(NYSE: RMK) -- http://www.aramark.com/-- is a professional
services organization, providing food services, facilities
management, hospitality services, and uniforms and career
apparel to health care institutions, universities and school
districts, stadiums and arenas, businesses, prisons, senior
living facilities, parks and resorts, correctional institutions,
conference centers, convention centers, and public safety
professionals around the world. Aramark has approximately
240,000 employees serving clients in 20 countries, including
Belgium, Czech Republic, Germany, Ireland, UK, Mexico, Brazil,
Chile, among others.
* * *
As reported in the Troubled Company Reporter on Aug. 16, 2007,
Standard & Poor's Ratings Services revised its outlook on
Philadelphia, Pennsylvaniabased ARAMARK Corp. to stable from
negative. At the same time, Standard & Poor's affirmed its
ratings on ARAMARK, including the 'B+' corporate credit rating.
=============
F I N L A N D
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HILTON HOTELS: To Issue US$500 Mln Unsecured Floating Rate Notes
---------------------------------------------------------------
Hilton Hotels Corporation has agreed to issue an aggregate
principal amount of US$500 million of unsecured Floating Rate
Notes due 2013. The Notes will bear interest equal to three
month LIBOR plus 4.50% per year, adjusted quarterly. The
proceeds of the sale of the Notes will be used to repay an equal
amount of Hilton's secured mezzanine loans incurred in
connection with the funding of the acquisition of Hilton by
investment funds affiliated with The Blackstone Group and
related transactions. Completion of the transaction is subject
to customary closing conditions.
The Notes have been offered and sold in a private placement to
qualified institutional buyers pursuant to Section 4(2) of the
Securities Act of 1933, as amended. The Notes have not been
registered under the Securities Act or securities laws of any
state and may not be offered or sold in the United States absent
an applicable exemption from registration requirements under the
Securities Act or the laws of any state.
In connection with the offering of the Notes, Hilton has made
certain information available to prospective financing sources.
Hilton is posting under the Investor Relations tab on its
website. Certain of this information, including information
relating to Hilton's financial performance for the three months
ended Sept. 30, 2007 and information relating to the financing
of the merger of Hilton, which was completed on Oct. 24, 2007.
About Hilton Hotels
Headquartered in Beverly Hills, California, Hilton Hotels Corp.
-- http://www.hilton.com/-- together with its subsidiaries,
engages in the ownership, management, and development of hotels,
resorts, and timeshare properties, as well as in the franchising
of lodging properties in the United States and internationally,
including Australia, Austria, Barbados, Costa Rica, Finland,
India, Indonesia, Trinidad and Tobago, Philippines and Vietnam.
* * *
As reported in the Troubled Company Reporter-Latin America on
Oct. 29, 2007, Moody's Investors Service downgraded Hilton
Corporation's Corporate Family Rating and senior unsecured
ratings to B3 and Caa1, respectively.
===========
F R A N C E
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AEROCAST: French Court Rules for Compulsory Liquidation
-------------------------------------------------------
A commercial court in Chateauroux has put French foundry
Aerocast into compulsory liquidation after four years under a
court-supervised administration proceeding, The Financial Times
reports.
The company pointed to its difficulties in the production of
complex aluminum parts and the problems at Airbus SAS. Several
companies are reportedly interested in acquiring the company
after the court allowed Aerocast to continue operating for three
months to attract potential buyers, FT relates.
Aerocast specializes in aluminum parts for the aviation
industry. It employs 112 staff and achieved a balanced result
on turnover of EUR8.8 million in 2006, FT notes.
RHODIA SA: Sept. 30 Balance Sheet Upside-Down by EUR226 Million
---------------------------------------------------------------
Rhodia S.A. released financial results for the third quarter
ended Sept. 30, 2007.
Third Quarter 2007 Results
Confirm Solid Free Cash Flow Generation
Another quarter of profitable growth drives solid EBITDA and
Free Cash Flow generation
* Net Sales up 7% to EUR1.3 billion
* recurring EBITDA* up 20% to EUR192 million versus EUR160
million in the third quarter 2006, despite the EUR(22)
million negative impact of foreign exchange.
* recurring EBITDA margin up to 15.2% versus 13.6 % in the
third quarter 2006
* a positive Free Cash Flow of EUR53 million versus EUR(10)
million in the third quarter 2006
* free Cash Flow for the first 9 months of 2007 of EUR41
million, compared to a cash outflow of EUR(124) million
for the same period in 2006
Key highlights
* 9% volume growth with strong demand levels
* solid pricing +3%
* unfavorable foreign exchange, raw material and energy cost
environment
* organics' restructuring continues
Accelerated delivery on financial commitments
* Free Cash Flow generation of more than EUR100 million
expected in 2007
* financial leverage of Net Debt on Recurring EBITDA ratio
below 2 times expected at the end of 2007
"Our strong leadership positions in growing markets give us full
confidence that we will continue to generate sustainable and
profitable growth," Jean-Pierre Clamadieu, chief executive
officer of Rhodia, said. "We expect to generate more than
EUR100 million of Free Cash Flow in 2007 and to be one year
ahead in the delivery of our financial leverage commitment."
* Before restructuring and other operating income and expenses
Net Sales rose by 7% to EUR1.3 billion in the third quarter of
2007, from EUR1.2 billion a year earlier. This increase was
driven by a significant 9% volume growth (4.4% excluding CERs)
and a 3% positive impact from price increases. Foreign exchange
had a 4.4% negative impact, due to the continued weakness of the
US dollar.
Recurring EBITDA grew by 20% to EUR192 million, benefiting from
the good volume trends, in spite of the negative impact of
foreign exchange (EUR22 million). Solid pricing in local
currency continued to offset the impact of increases in raw
material and energy costs. CER sales generated EUR39 million of
recurring EBITDA in the third quarter of 2007.
The recurring EBITDA margin rose to 15.2% in the third quarter
2007 from 13.6% in the third quarter 2006.
Operating Profit rose by 2.7% to EUR115 million, versus EUR112
million for the third quarter 2006 which was favorably impacted
by a EUR27million exceptional gain.
The Financial Result improved to EUR(43) million compared to
EUR(62) million in the third quarter 2006, as the Group now
fully benefits from the lower interest costs resulting from the
refinancing initiatives realized over the past year.
The Net Profit Group Share for the third quarter 2007 totaled
EUR45 million, compared to a profit of EUR70 million in the
third quarter 2006, which was favorably impacted by a EUR34
million recognition of US deferred tax assets.
At Sept. 30, 2007, the Group's consolidated balance sheets
showed EUR4.5 billion in total assets, EUR4.7 billion in total
liabilities and EUR226 in stockholders' deficit.
Operating Cash Flow totaled EUR115 million in the third quarter
2007.
The ratio of Working Capital Requirements on total sales stood
at 12.9%. Capital Expenditure totaled EUR83 million.
Free Cash Flow* was EUR53 million, versus EUR(10) million in the
third quarter 2006 and now stands at EUR41 million for the first
nine months compared to a negative of EUR(124) million for the
same period in 2006.
Consolidated Net Debt totaled EUR1.6 billion on Sept. 30, 2007,
a EUR25 million decrease from June 30, 2007.
Thanks to the strength of Rhodia's business portfolio, Net Sales
grew 7%, with 9% volume growth and a 3% positive impact from
price increases.
Polyamide, Silcea and Novecare are high margin leadership
businesses well positioned in growing markets. Investments are
under way to support the growth of these businesses.
Acetow is finalizing its action plan to improve margins to
compensate for the unfavorable foreign exchange environment.
Organics focuses on the development of its leadership position
in Diphenols and continues its restructuring in fine organics.
Recently it announced plans to end Paracetamol manufacturing at
its Roussillon site in France and to end all operations at its
Avonmouth site in the U.K.
Eco Services continues to generate very high margins and Energy
Services benefits from the ongoing sales of CERs.
* Defined as "net cash provided by operating activities" plus
"non recurring refinancing cash costs" minus Capital
Expenditure"
Outlook
The level of demand is expected to remain favorable in most
regions, with strong volumes and a solid pricing power, in an
environment still influenced by high raw material and energy
costs. The foreign exchange environment should remain
unfavorable.
Rhodia confirms its 2007 outlook of a strong growth in recurring
EBITDA and expects to generate more than EUR100 million positive
Free Cash Flow for the full year 2007.
One year ahead of its commitment, Rhodia expects to achieve a
Net Debt on Recurring EBITDA ratio below 2 at the end of 2007.
About Rhodia
Headquartered in Paris, France, Rhodia S.A. (NYSE: RHA)
-- http://www.rhodia.com/-- is a global specialty chemicals
company partnering with major players in the automotive,
electronics, pharmaceuticals, agrochemicals, consumer care,
tires, and paints and coatings markets. Rhodia offers tailor-
made solutions combining original molecules and technologies to
respond to customers' needs. The group generated sales of
EUR4.8 billion in 2006 and employs around 16,000 people
worldwide.
Rhodia is listed on Euronext Paris and the New York Stock
Exchange. The company has operations in Brazil.
* * *
As reported in the TCR-Europe on Nov. 28, 2007, Moody's
Investors Service affirmed Rhodia S.A. Corporate Family
Rating at Ba3. Moody's said the outlook has been changed to
Positive from Stable.
As reported on April 26, 2007, Fitch Ratings affirmed Rhodia
S.A.'s Issuer Default Rating at BB- and revised the Outlook to
Positive from Stable. Fitch has assigned Rhodia SA's proposed
issue of up to EUR595.125 million bonds convertible and/or
exchangeable for new and/or existing shares an expected 'BB-'
rating.
These ratings are affected:
-- Corporate Family Ratings upgraded to Ba3;
-- Probability-of-Default assigned at Ba3;
-- Rhodia S.A. Senior Unsecured ratings upgraded to B1, LGD4
(69%); and
-- Rhodia S.A. Senior convertible notes rated (P)B1, LGD4
(69%).
At the same time, Standard & Poor's Ratings Services raised its
long-term corporate credit rating on Rhodia to BB- from B+, and
its long- term debt rating on the group to B from B-. Standard
& Poor's also assigned its B senior unsecured debt rating to
Rhodia's proposed new bond, which will be used for refinancing
purposes.
RHODIA SA: Implements Global Price Increases for All Products
-------------------------------------------------------------
Rhodia S.A. has disclosed worldwide price increases in the range
of 7% to 15% depending on product line on Nov. 22, 2007.
Although Rhodia has put into place a number of action plans over
the past few years to improve productivity and reduce costs, the
price increases are required to help respond to the dramatic and
simultaneous rising costs of energy, raw materials and
transport, and to defend Rhodia's margins at a time when the
demand for specialty chemicals is strengthening worldwide.
About Rhodia
Headquartered in Paris, France, Rhodia S.A. (NYSE: RHA)
-- http://www.rhodia.com/-- is a global specialty chemicals
company partnering with major players in the automotive,
electronics, pharmaceuticals, agrochemicals, consumer care,
tires, and paints and coatings markets. Rhodia offers tailor-
made solutions combining original molecules and technologies to
respond to customers' needs. The group generated sales of
EUR4.8 billion in 2006 and employs around 16,000 people
worldwide.
Rhodia is listed on Euronext Paris and the New York Stock
Exchange. The company has operations in Brazil.
* * *
As reported in the TCR-Europe on Nov. 28, 2007, Moody's
Investors Service affirmed Rhodia S.A. Corporate Family
Rating at Ba3. Moody's said the outlook has been changed to
Positive from Stable.
As reported on April 26, 2007, Fitch Ratings affirmed Rhodia
S.A.'s Issuer Default Rating at BB- and revised the Outlook to
Positive from Stable. Fitch has assigned Rhodia SA's proposed
issue of up to EUR595.125 million bonds convertible and/or
exchangeable for new and/or existing shares an expected 'BB-'
rating.
These ratings are affected:
-- Corporate Family Ratings upgraded to Ba3;
-- Probability-of-Default assigned at Ba3;
-- Rhodia S.A. Senior Unsecured ratings upgraded to B1, LGD4
(69%); and
-- Rhodia S.A. Senior convertible notes rated (P)B1, LGD4
(69%).
At the same time, Standard & Poor's Ratings Services raised its
long-term corporate credit rating on Rhodia to BB- from B+, and
its long- term debt rating on the group to B from B-. Standard
& Poor's also assigned its B senior unsecured debt rating to
Rhodia's proposed new bond, which will be used for refinancing
purposes.
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G E R M A N Y
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AUTOHAUS PETERS: Claims Registration Period Ends Dec. 28
--------------------------------------------------------
Creditors of Autohaus Peters GmbH have until Dec. 28 to register
their claims with court-appointed insolvency manager Jens-Soeren
Schroeder.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Feb. 7, 2008, 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 Neumuenster
Meeting Hall B0.31
Law Courts
Boostedter Strasse 26
Neumuenster
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:
Jens-Soeren Schroeder
Raboisen 38
20095 Hamburg
Germany
The District Court of Neumuenster opened bankruptcy proceedings
against Autohaus Peters GmbH on Nov. 2. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Autohaus Peters GmbH
Friedrichstadter Strasse 9-11
24768 Rendsburg
Germany
Attn: Hans-Dieter Peters, Manager
Wuehrenredder 1
24794 Buensdorf
Germany
BAUSANIERUNGUSEDOM GMBH: Claims Registration Period Ends Dec. 14
----------------------------------------------------------------
Creditors of BauSanierungUsedom GmbH have until Dec. 14 to
register their claims with court-appointed insolvency manager
Joerg Sievers.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Jan. 30, 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 Stralsund
Hall A 421
House A
Frankendamm 17
Stralsund
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:
Joerg Sievers
Robert-Blum-Str.1
17489 Greifswald
Germany
The District Court of Stralsund opened bankruptcy proceedings
against BauSanierungUsedom GmbH on Nov. 14. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
BauSanierungUsedom GmbH
Attn: H. Kahle, Manager
Lindenstrasse 4
17424 Seebad Heringsdorf
Germany
BERLIN ASSETS: Claims Registration Period Ends Dec. 24
------------------------------------------------------
Creditors of Berlin Assets GmbH & CO. Erste Projekt KG have
until Dec. 24 to register their claims with court-appointed
insolvency manager Torben Ottmar Herbold.
Creditors and other interested parties are encouraged to attend
the meeting at 2:20 p.m. on Jan. 23, 2008, 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
Third Floor
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:
Torben Ottmar Herbold
Haeckelstrasse 10
39104 Magdeburg
Germany
The District Court of Potsdam opened bankruptcy proceedings
against Berlin Assets GmbH & CO. Erste Projekt KG on Nov. 9.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Berlin Assets GmbH & CO. Erste Projekt KG
Lindenallee 10
14806 Fredersdorf
Germany
BURG BUSCHDORF: Claims Registration Ends December 21
----------------------------------------------------
Creditors of "Burg" Buschdorf-Bautrager GmbH & Co. KG have until
Dec. 21 to register their claims with court-appointed insolvency
manager Michael Hawelka.
Creditors and other interested parties are encouraged to attend
the meeting at 11:00 a.m. on Jan. 23, 2008, 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 145
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:
Michael Hawelka
Nonnenstrasse 37
04229 Leipzig
Germany
Tel: 0341/4866414
Fax: 0341/4866428
E-mail: HHH.Leipzig@t-online.de
The District Court of Leipzig opened bankruptcy proceedings
against "Burg" Buschdorf-Bautrager GmbH & Co. KG on Nov. 9.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
"Burg" Buschdorf-Bautrager GmbH & Co. KG
Attn: Rainer Krause, Manager
Torgauer Strasse 29
04779 Wermsdorf
Germany
CAT-CALL-GMBH: Claims Registration Period Ends Dec. 27
------------------------------------------------------
Creditors of Cat-Call-GmbH have until Dec. 27 to register their
claims with court-appointed insolvency manager Hagen Hirth.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Feb. 6, 2008, 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 Dresden
Hall D131
Olbrichtplatz 1
01099 Dresden
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:
Hagen Hirth
Glacisstrasse 9a
01099 Dresden
Germany
The District Court of Dresden opened bankruptcy proceedings
against Cat-Call-GmbH on Nov. 13. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Cat-Call-GmbH
Bautzner Strasse 19b
01099 Dresden
Germany
DIMEDIA CTC: Creditors' Meeting Slated for December 13
------------------------------------------------------
The court-appointed insolvency manager for Dimedia CTC
Fotostudios GmbH, Peter Sulzmann will present his first report
on the Company's insolvency proceedings at a creditors' meeting
at 11:00 a.m. on Dec. 13.
The meeting of creditors and other interested parties will be
held at:
The District Court of Aschaffenburg
Meeting Hall 5.103
Schlossplatz 5
63739 Aschaffenburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 2:00 p.m. on Jan. 22, 2008, at the same
venue.
Creditors have until Dec. 20 to register their claims with the
court-appointed insolvency manager.
The insolvency manager can be reached at:
Peter Sulzmann
Bahnhofstr. 31
63500 Seligenstadt
Germany
Tel: 06182/92050
Fax: 06182/920515
The District Court of Aschaffenburg opened bankruptcy
proceedings against Dimedia CTC Fotostudios GmbH on Nov. 9.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Dimedia CTC Fotostudios GmbH
Nordring 12
63762 Grossostheim
Germany
Attn: Peter Heckel, Manager
Sandgasse 53
63739 Aschaffenburg
Germany
ECKERT'S FLIESENLEGER: Claims Registration Ends December 21
-----------------------------------------------------------
Creditors of Eckert's Fliesenleger GmbH have until Dec. 21 to
register their claims with court-appointed insolvency manager
Justus Schneidewind.
Creditors and other interested parties are encouraged to attend
the meeting at 11:30 a.m. on Jan. 11, 2008, 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
Third Floor
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:
Justus Schneidewind
Behlertstrasse 28 a
14469 Potsdam
Germany
The District Court of Potsdam opened bankruptcy proceedings
against Eckert's Fliesenleger GmbH on Nov. 12. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Eckert's Fliesenleger GmbH
Attn: Herrn Michael Eckert, Manager
Mozartsteg 2
14532 Stahnsdorf
Germany
FMV VERWALTUNGSGESELLSCHAFT: Claims Registration Ends Dec. 19
-------------------------------------------------------------
Creditors of FMV Verwaltungsgesellschaft mbH have until Dec. 19
to register their claims with court-appointed insolvency manager
Markus M. Merbecks.
Creditors and other interested parties are encouraged to attend
the meeting at 10:30 a.m. on Jan. 30, 2008, 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 Chemnitz
Hall 28
Fuerstenstrasse 21-23
09130 Chemnitz
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:
Markus M. Merbecks
Leipziger Strasse 58
09113 Chemnitz
Germany
Tel:(0371) 444610
Fax:(0371) 4446111
E-mail: merbecks@merbecks.de
The District Court of Chemnitz opened bankruptcy proceedings
against FMV Verwaltungsgesellschaft mbH on Nov. 14.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
FMV Verwaltungsgesellschaft mbH
Attn: Peter Meiss, Manager
Parkstr. 32
09120 Chemnitz
Germany
GAT KATALYSATOREN: May File Insolvency Over Faulty Filters
----------------------------------------------------------
A representative for GAT Katalysatoren GmbH, which is under
probe for allegedly supplying around 28,000 faulty particle
filters for diesel engines, told Frankfurter Allgemeine Zeitung
that the company may file for insolvency if the German ministry
of transport requires it to replace the systems at an estimated
cost of EUR1,000 each, the Financial Times reports.
According to KBA, the German federal motor vehicle office, GAT
and rivals Bosal International of Belgium and Tenneco of the
United States allegedly produced faulty filters affecting around
40,000 drivers.
Headquartered in Gladbeck, Germany, GAT Katalysatoren GmbH
http://www.gat-kat.com/-- develops innovative emission
technology products for the automotive industry.
GMK BAUBETREUUNGS: Claims Registration Ends December 4
------------------------------------------------------
Creditors of GMK Baubetreuungs GmbH have until Dec. 4 to
register their claims with court-appointed insolvency manager
Ottmar Hermann.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Jan. 15, 2008, 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 Karlsruhe
Hall IV
First Floor
Schlossplatz 23
76131 Karlsruhe
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:
Ottmar Hermann
Bleichstr. 2-4
60313 Frankfurt
Germany
Tel: 069/9130920
The District Court of Karlsruhe opened bankruptcy proceedings
against GMK Baubetreuungs GmbH on Nov. 7. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
GMK Baubetreuungs GmbH
Attn: Edgar Knam, Manager
Zum Wiesengrund 56
76307 Karlsbad
Germany
HEBUS KOMMUNIKATIONSTECHNIK: Claims Period Ends Dec. 13
-------------------------------------------------------
Creditors of HEBUS Kommunikationstechnik GmbH have until Dec. 13
to register their claims with court-appointed insolvency manager
Juergen Pietzker.
Creditors and other interested parties are encouraged to attend
the meeting at 8:10 a.m. on Jan. 10, 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 Landshut
Meeting Hall 8/I
Maximilianstrasse 22-24
Landshut
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:
Juergen Pietzker
Isargestade 732
84028 Landshut
Germany
Tel: 0871/89629
Fax: 0871/274638
The District Court of Landshut opened bankruptcy proceedings
against HEBUS Kommunikationstechnik GmbH on Nov. 14.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
HEBUS Kommunikationstechnik GmbH
Seligenthaler Str. 16
84034 Landshut
Germany
HLI INDUSTRIE-ELEKTRONIK: Claims Registration Ends Dec. 21
----------------------------------------------------------
Creditors of HLI Industrie-Elektronik GmbH have until Dec. 21 to
register their claims with court-appointed insolvency manager
Dr. Frank Kebekus.
Creditors and other interested parties are encouraged to attend
the meeting at 8:45 a.m. on Jan. 15, 2008, 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 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 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. Frank Kebekus
Carl-Theodor-Str. 1
40213 Duesseldorf
Germany
The District Court of Duesseldorf opened bankruptcy proceedings
against HLI Industrie-Elektronik GmbH on Nov. 14. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
HLI Industrie-Elektronik GmbH
Oststrasse 74a
40724 Hilden
Germany
IKB DEUTSCHE: Expects Higher Losses; Seeks More Funding
-------------------------------------------------------
IKB Deutsche Industriebank AG will likely post over EUR6 billion
in losses from an initial estimate of EUR3.5 billion as a result
of its unsuccessful speculation on the US subprime mortgage
market, the Financial Times relates citing a Frankfurter
Allgemeine Zeitung report.
According to the report, Germany's state-owned KfW Bankengruppe,
which holds a 38 percent stake in IKB, is now expected to
provide further financing to fund a rescue. KfW has recently
increased its risk shield for IKB by EUR2.3 billion to EUR4.8
billion based on new risk valuation information, AP Worldstream
says.
Karin Matussek of Bloomberg News relates, citing people familiar
with the matter, that IKB may need to increase its rescue
package by EUR400 million in the event that the US subprime
crisis endure on the global financial markets.
Private and savings banks have committed EUR500 million to IKB
as risk protection, Borsen-Zeitung says, and they are reportedly
not ready to provide IKB with more funding.
IKB has notified Germany's financial watchdog, Bundesbank and
German Financial Supervisory Authority (BaFin), that it could
face more liquidity problems if it fails to secure necessary
financing, Thomson Financial relates.
KfW has scheduled an extraordinary meeting with the
administrative board to discuss IKB's situation this week,
Bloomberg relates.
According to Borsen-Zeitung, IKB is currently in talks with
Deutsche Postbank, the banking subsidiary of German national
postal services provider Deutsche Post, regarding a sale of its
corporate customer credits in a move to improve IKB's equity
capital situation. The German banks, however, are said to
oppose this plan.
About KfW Bankengruppe
Headquartered in Frankfurt, Germany, KfW Bankengruppe --
http://www.kfw.de/EN_Home/-- deals with the promotion of the
development and transformation countries, export and project
financing, promotion of middle class, existence founders and
start ups, promotion living economy, environmental and climatic
protection, education and infrastructure.
With 3,900 employees, KFW Bankengruppe has its locations in
Berlin, Bonn and Frankfurt am Main. Owned by the federal
government and the Laender, it is one of the leading banks in
Germany.
About IKB Deutsche
Headquartered in Dusseldorf, Germany, IKB Deutsche Industriebank
AG -- http://www.ikb.de/-- pioneered the long-term industrial
loan and provides medium-sized companies with long-term
financing. The bank operates in several German locations, as
well as branches in the United Kingdom, Luxembourg, Spain and
France.
IKB had previously invested in securitized loans on the US
market for subprime mortgages, which are now almost worthless.
This resulted in a deep-seated crisis within the bank, pushing
it on the brink of bankruptcy.
* * *
As reported in the TCR-Europe on Oct. 4, 2007, Fitch Ratings
has downgraded IKB Deutsche Industriebank AG's hybrid debt
securities to Long-term 'BB-' from 'A'. They remain on Rating
Watch Negative. IKB is rated Long-term Issuer Default 'A+' with
Stable Outlook, Short-term IDR 'F1', Support '1' and Individual
'F'. Its subordinated debt issues are rated 'A'.
IKB's hybrid capital instruments rated Long-term 'BB-' and on
RWN are:
-- EUR75 million IKB Funding Trust I's perpetual notes
-- EUR400 million Funding Trust II's perpetual notes
-- EUR100 million IKB International SA's capital contribution
certificates maturing in 2009
-- EUR200 million Hybrid Raising GmbH's perpetual capital
notes linked to a silent participation in IKB
-- EUR200 million Capital Raising GmbH's perpetual notes
linked to a silent participation in IKB
-- EUR70 million IKB International SA's capital contribution
certificates maturing in 2010
-- EUR150 million Propart Funding Ltd's profit participation
certificates maturing in 2015.
KONDITOREI - CAFE: Claims Registration Period Ends Dec. 12
----------------------------------------------------------
Creditors of Konditorei - Cafe Meyer GmbH have until Dec. 12 to
register their claims with court-appointed insolvency manager
Markus Dahmann.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Jan. 24, 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 Ludwigshafen am Rhein
Meeting Hall VII
Wittelsbachstr. 10
67061 Ludwigshafen/Rhein
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:
Markus Dahmann
Wimphelingstr. 13
67346 Speyer
Germany
The District Court of Ludwigshafen am Rhein opened bankruptcy
proceedings against Konditorei - Cafe Meyer GmbH on Nov. 12.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Konditorei - Cafe Meyer GmbH
Bahnhofstrasse 6
67227 Frankenthal
Germany
Attn: Timo Meyer, Manager
Reiboldstrasse 4
67251 Freinsheim
Germany
MERRIKH GASTRO: Claims Registration Period Ends Jan. 9, 2008
------------------------------------------------------------
Creditors of Merrikh Gastro GmbH have until Jan. 9, 2008, to
register their claims with court-appointed insolvency manager
Andreas Fischer.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Feb. 9, 2008, 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 Baden-Baden
Hall 009a
Ground Floor
Gutenbergstr. 17
76532 Baden-Baden
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:
Andreas Fischer
Erbprinzenstr. 27
76133 Karlsruhe
Germany
The District Court of Baden-Baden opened bankruptcy proceedings
against Merrikh Gastro GmbH on Nov. 1. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Merrikh Gastro GmbH
Siamac Merrikh, Manager
Aumattstr. 36 a
76530 Baden-Baden
Germany
MERTON REAL: Creditors' Meeting Slated for Dec. 10
--------------------------------------------------
The court-appointed insolvency manager for Merton Real Estate
Entwicklungsgesellschaft mbH, Bjoern Gehde, will present his
first report on the Company's insolvency proceedings at a
creditors' meeting at 10:40 a.m. on Dec. 10.
The meeting of creditors and other interested parties will be
held at:
The District Court of Charlottenburg
Hall 218
Second Floor
Amtsgerichtsplatz 1
14057 Berlin
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 10:05 a.m. on March 3, 2008, at the same
venue.
Creditors have until Jan. 10, 2008, to register their claims
with the court-appointed insolvency manager.
The insolvency manager can be reached at:
Dr. Bjoern Gehde
Goethestr. 85
10623 Berlin
Germany
The District Court of Charlottenburg opened bankruptcy
proceedings against Merton Real Estate Entwicklungsgesellschaft
mbH on Oct. 25. Consequently, all pending proceedings against
the company have been automatically stayed.
The Debtor can be reached at:
Merton Real Estate Entwicklungsgesellschaft mbH
Pariser Str. 44
10707 Berlin
Germany
MICHAEL FUNKE: Claims Registration Ends December 10
---------------------------------------------------
Creditors of MFT Michael Funke Transport GmbH & Co. KG have
until Dec. 10 to register their claims with court-appointed
insolvency manager Michael Bremen.
Creditors and other interested parties are encouraged to attend
the meeting at 8:40 a.m. on Jan. 10, 2008, 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 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 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:
Michael Bremen
Sternstr. 58
40479 Duesseldorf
Germany
The District Court of Duesseldorf opened bankruptcy proceedings
against MFT Michael Funke Transport GmbH & Co. KG on Nov. 12.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
MFT Michael Funke Transport GmbH & Co. KG
Attn: Michael Funke, Manager
Lucas-Bols-Strasse 12
41462 Neuss
Germany
MMORE INTERNATIONAL: Claims Registration Ends December 19
---------------------------------------------------------
Creditors of MMORE INTERNATIONAL GmbH have until Dec. 19 to
register their claims with court-appointed insolvency manager
Erwin Richmann.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Jan. 17, 2008, 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:
Erwin Richmann
Ernst Ludwsig Strasse 11
35463 Fernwald
Germany
The District Court of Giessen opened bankruptcy proceedings
against MMORE INTERNATIONAL GmbH on Nov. 13. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
MMORE INTERNATIONAL GmbH
Steinstrasse 18
35463 Fernwald-Steinbach
Germany
NRG ENERGY: Discloses New Consent Alternative Solicitations
-----------------------------------------------------------
NRG Energy Inc. is providing each investor with a new consent
alternative with respect to its Notes in addition to the
previously announced tender offers and consent solicitations,
which remain in effect, in connection with its pending
conditional tender offers and concurrent consent solicitations
relating to its US$4.7 billion of outstanding 7.25% senior notes
due 2014, 7.375% senior notes due 2016 and 7.375% senior notes
due 2017.
As previously announced, each investor may elect to tender its
Notes in the conditional, contractually required offers at 101%
of the principal amount, plus accrued interest, or may elect to
receive a consent payment of US$1.25 to US$2.50 in cash per
US$1,000 principal amount of Notes. For the Original Consent
Payment, consents are limited to an agreement (the Original
Amendment) not to require the change of control offers in
connection with NRG's formation of a holding company structure
via the contemplated intercompany merger transaction. The
Original Consent Payment will be a minimum of US$1.25 per
US$1,000 principal amount of Notes, or, in the event that such
consents are received from a majority in principal amount of a
series of Notes, will be US$1.25 divided by the percentage of
that series which consented.
As supplemented, each investor will have the same two
alternatives as before as well as a new consent alternative.
Under the new alternative, each investor may elect to receive a
consent payment of US$7.50 to US$15.00 in cash per US$1,000
principal amount of Notes. For the Alternative Consent Payment,
consents will provide a new exception to the limitation on
restricted payments in the indentures for the Notes which will
permit restricted payments, including dividends and/or stock
repurchases, of up to US$300 million per year, with any of this
additional restricted payment capacity not used during a year
being carried over to the next year on a cumulative basis and
without reducing the amounts otherwise available to make
restricted payments. In the event that consents to the new
consent alternative are received from a majority in principal
amount of each of the three series of Notes, the Alternative
Consent Payment will be US$7.50, divided by the overall
percentage of the aggregate principal amount of the Notes that
delivered consents under the new alternative and, in that event,
NRG will not consummate the Holdco Merger and NRG will not be
obligated (but reserves the right) to consummate the tender
offers. In all other events, Holders of Notes who deliver
consents under the new consent alternative will also be
consenting to the Original Amendment and will receive US$7.50
per US$1,000 principal amount of such Notes subject to and
promptly upon consummation of the Holdco Merger.
NRG's obligation to make the minimum consent payments of US$1.25
per US$1,000 principal amount of Notes or US$7.50 per US$1,000
principal amount of Notes, as applicable, is not conditioned on
the receipt of consents from holders of Notes representing a
majority in principal amount of any one or more series.
The only condition to NRG's obligation to make these minimum
consent payments is the consummation of the Holdco Merger, and
NRG will make these consent payments promptly thereafter. The
only condition to NRG's obligation to make the Maximum
Alternative Consent Payment is the receipt and effectiveness of
consents to the new consent alternative from holders of a
majority in principal amount of each of the three series of
Notes, and NRG will make such payments promptly thereafter.
If that consents are received with respect to Notes representing
a majority in principal amount of a particular series of Notes
(whether under the original consent alternative, the new consent
alternative or both on a combined basis), NRG will have the
option to terminate the tender offer for that series of Notes in
its discretion without purchasing any tendered Notes of such
series. Tendered Notes will not be eligible to receive any
consent payment even if NRG exercises its option to terminate
the tender offer for a series after receiving majority consents
from that series.
The tender offers are not being modified and will continue in
effect on the same terms and conditions as previously announced.
The tender offers are expressly conditioned on the consummation
of the Holdco Merger (although NRG reserves the right to accept
tenders and purchase tendered Notes even if the Holdco Merger is
not consummated).
Only one election (tender, original consent or alternative
consent) may be made with respect to a specific principal amount
of Notes. However, one election may be made for a portion of
such Notes and another election or elections may be made for the
remainder of such Notes (in each case in a minimum principal
amount of US$1,000). Holders who deliver consents with respect
to any Notes will be eligible to receive either the Original
Consent Payment or the Alternative Consent Payment for such
Notes, as appropriate according to their election for such
Notes, but not both consent payments. Notes that are neither
tendered nor consented will not be eligible to receive a consent
payment under any circumstances.
The tender offers and the consent solicitations will expire at
9:00 a.m., New York City time, on Dec. 4, 2007, unless extended.
NRG reserves the right, but is not obligated, to extend the
tender offers and the consent solicitations. Tenders may be
withdrawn and consents may be revoked at any time prior to 9:00
a.m., New York City time, on Dec. 4, 2007.
The complete terms of the tender offers and consent
solicitations are contained in the Notice of Conditional Offers
to Purchase and Concurrent Alternative Consent Solicitations
Statement dated Nov. 2, 2007, as supplemented by the Supplement
dated Nov. 26, 2007. Copies of the Supplement are being sent to
holders of Notes. Each tender offer or consent solicitation
with respect to a series of Notes is independent of the others.
Banc of America Securities LLC is the exclusive dealer manager
for the tender offers and solicitation agent for the consent
solicitations. Questions regarding the tender offers and the
consent solicitations can be addressed to Banc of America
Securities LLC at (888) 292-0070 or (212) 847-5188. Requests
for documents may be directed to MacKenzie Partners, Inc., the
information agent, at (800) 322-2885 or (212) 929-5500.
About NRG Energy
Hearquartered in Princeton, New Jersey, NRG Energy Inc. (NYSE:
NRG) -- http://www.nrgenergy.com/-- owns and operates a diverse
portfolio of power-generating facilities, primarily in Texas and
the Northeast, South Central and West regions of the U.S. Its
operations include baseload, intermediate, peaking, and
cogeneration and thermal energy production facilities. NRG also
has ownership interests in generating facilities in Australia,
Germany and Brazil.
* * *
Standard & Poor's Ratings Services rates NRG Energy Inc.'s
USUS$4.7 billion unsecured bonds at 'B'. In addition, Standard
& Poor's rates NRG Energy Inc.'s corporate credit rating at
'B+'. S&P said the outlook is stable.
P & S BAUGESELLSCHAFT: Claims Registration Ends December 10
-----------------------------------------------------------
Creditors of P & S Baugesellschaft mbH & Co.KG have until
Dec. 10 to register their claims with court-appointed insolvency
manager Claus-Peter Langer.
Creditors and other interested parties are encouraged to attend
the meeting at 10:25 a.m. on Jan. 10, 2008, 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 Munich
Meeting Hall 102
Infanteriestr. 5
80097 Munich
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:
Claus-Peter Langer
Herzog-Wilhelm-Str.17
80331 Munich
Germany
Tel: 236858-0
Fax: 2603440
The District Court of Munich opened bankruptcy proceedings
against P & S Baugesellschaft mbH & Co.KG on Nov. 9.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
P & S Baugesellschaft mbH & Co.KG
Inselkammerstr. 5
82008 Unterhaching
Germany
SCHIFFER BAUGESELLSCHAFT: Claims Registration Ends Dec. 21
----------------------------------------------------------
Creditors of Schiffer Baugesellschaft mbH have until Dec. 21 to
register their claims with court-appointed insolvency manager
Klaus Siemon.
Creditors and other interested parties are encouraged to attend
the meeting on Jan. 25, 2008, 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 Moenchengladbach
Meeting Hall A 14
Ground Floor
Hohenzollernstr. 157
41061 Moenchengladbach
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:
Klaus Siemon
Homberger Strasse 12
40474 Duesseldorf
Germany
Tel: 0211/479970
Fax: +492114799750
The District Court of Moenchengladbach opened bankruptcy
proceedings against Schiffer Baugesellschaft mbH on Nov. 8.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Schiffer Baugesellschaft mbH
Schillerstrasse 1
41569 Rommerskirchen
Germany
TERWEDOW BAUGESELLSCHAFT: Claims Period Ends Dec. 14
----------------------------------------------------
Creditors of Terwedow Baugesellschaft mbH have until Dec. 14 to
register their claims with court-appointed insolvency manager
Holger Rhode.
Creditors and other interested parties are encouraged to attend
the meeting at 9:20 a.m. on Jan. 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 Wuppertal
Meeting Room A234
Second Floor
Isle 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:
Holger Rhode
Friedrich-Ebert-Strasse 17
42103 Wuppertal
Germany
Tel: 0202/4086150
Fax: 0202/4086159
The District Court of Wuppertal opened bankruptcy proceedings
against Terwedow Baugesellschaft mbH on Nov. 14. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Terwedow Baugesellschaft mbH
Alte Ziegelei 1 c
42653 Solingen
Germany
Attn: Hans-Juergen Terwedow, Manager
Heinestrasse 17
42651 Solingen
Germany
TIMEVISION GMBH: Claims Registration Period Ends Dec. 14
--------------------------------------------------------
Creditors of Timevision GmbH have until Dec. 14 to register
their claims with court-appointed insolvency manager Robert
Fliegner.
Creditors and other interested parties are encouraged to attend
the meeting at 9:40 a.m. on Jan. 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 Wuppertal
Meeting Room A234
Second Floor
Isle 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:
Robert Fliegner
Gruenewalder Str. 29-31
42657 Solingen
Germany
Tel: 0212/2494200
Fax: 0212/2494201
The District Court of Wuppertal opened bankruptcy proceedings
against Timevision GmbH on Nov. 15. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Timevision GmbH
Ketzberger Strasse 19a
42653 Solingen
Germany
Attn: Hansjoerg Falk, Manager
Ketzberger Strasse 19a
42653 Solingen
Germany
W.C.S. GMBH: Claims Registration Period Ends Dec. 28
----------------------------------------------------
Creditors of W.C.S. GmbH Werbemarketing-Consulting-Service have
until Dec. 28 to register their claims with court-appointed
insolvency manager Soenke Hansen.
Creditors and other interested parties are encouraged to attend
the meeting at 10:55 a.m. on Jan. 31, 2008, 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 B 405
Fourth Floor Annex
Civil Justice Bldg.
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:
Soenke Hansen
Moenckebergstrasse 17
20095 Hamburg
Germany
The District Court of Hamburg opened bankruptcy proceedings
against W.C.S. GmbH Werbemarketing-Consulting-Service on Nov. 8.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
W.C.S. GmbH Werbemarketing-Consulting-Service
Attn: Guenther Klauer, Manager
Barlachstrasse 9
21073 Hamburg
Germany
WLG LOGISTIK: Creditors' Meeting Slated for Dec. 18
---------------------------------------------------
The court-appointed insolvency manager for WLG Logistik und
Grundstuecksverwaltungsgesellschaft mbH, Heiko Dauenhauer will
present his first report on the Company's insolvency proceedings
at a creditors' meeting at 2:00 p.m. on Dec. 18.
The meeting of creditors and other interested parties will be
held at:
The District Court of Pirmasens
Hall 235
Second Floor
Pirmasens
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 2:00 p.m. on Feb. 5, 2008, at the same
venue.
Creditors have until Jan. 15, 2008, to register their claims
with the court-appointed insolvency manager.
The insolvency manager can be reached at:
Heiko Dauenhauer
Bahnhofstrasse 2
66953 Pirmasens
Germany
Tel: 0 63 31-55 22 0
Fax: 0 63 31-55 22 55
The District Court of Pirmasens opened bankruptcy proceedings
against WLG Logistik und Grundstuecksverwaltungsgesellschaft mbH
on Oct. 17. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
WLG Logistik und Grundstucksverwaltungsgesellschaft mbH
Gueterbahnhof
66953 Pirmasens
Germany
ZEITARBEIT GROSSMANN: Claims Registration Period Ends Dec. 21
-------------------------------------------------------------
Creditors of Zeitarbeit Grossmann GmbH have until Dec. 21 to
register their claims with court-appointed insolvency manager
Norbert Oberdiek.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Jan. 16, 2008, 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:
Norbert Oberdiek
Mathias-Iven-Strasse 10
66117 Saarbruecken
Germany
Tel: 0681/954 120
Fax: 0681/954 1222
The District Court of Saarbruecken opened bankruptcy proceedings
against Zeitarbeit Grossmann GmbH on Nov. 9. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Zeitarbeit Grossmann GmbH
Bruehlstr. 14
66606 St Wendel
Germany
=========
I T A L Y
=========
ALITALIA SPA: PM Sees New Owner for 49.9% Stake by Dec. 25
----------------------------------------------------------
Italian Prime Minister Romano Prodi believes a buyer will be
chosen for the government's 49.9% stake in Alitalia S.p.A. by
Dec. 25, 2007, Flavia Krause-Jackson writes for Bloomberg News.
Transport Minister Alessandro Bianchi said on Nov. 26, 2007,
that Italy has no plans to postpone the stake sale to 2008,
Bloomberg News relates.
Three parties remain in contention for Italy's controlling stake
in Alitalia:
-- Air France-KLM,
-- Deutsche Lufthansa AG, and
-- AP Holding S.p.A.
OAO Aeroflot will not participate in the process while Cordata
Baldassarre's bid was deemed "no longer compatible" to the sale.
TPG Capital, meanwhile, was unable to finalize an Italian-led
consortium, but will continue to follow the developments of the
sale.
Alitalia has extended to Dec. 5, 2007, the deadline for
submission of non-binding offers and may commence exclusive
negotiations with the chosen bidder within the first half of
December 2007.
About Alitalia
Headquartered in Rome, Italy, Alitalia S.p.A. --
http://www.alitalia.it/-- provides air travel services for
passengers and air transport of cargo on national, international
and inter-continental routes. The Italian government owns 49.9%
of Alitalia. The company has operations in Argentina.
Despite a EUR1.4 billion state-backed restructuring in 1997,
Alitalia posted net losses of EUR256 million and EUR907 million
in 2000 and 2001 respectively. Alitalia posted EUR93 million in
net profits in 2002 after a EUR1.4 billion capital injection.
The carrier booked annual net losses of EUR520 million in 2003,
EUR813 million in 2004, EUR168 million in 2005, and
EUR625.6 million in 2006.
Italian Transport Minister Alessandro Bianchi has warned that
Alitalia may file for bankruptcy if the current attempt to sell
the government's 49.9% stake fails.
DANA CORP: Wants Pact Resolving Appaloosa Dispute Approved
----------------------------------------------------------
Dana Corporation and 40 of its domestic direct and indirect
debtor-subsidiaries ask the U.S. Bankruptcy Court for the
Southern District of New York to approve a settlement that
resolves their disputes with Appaloosa Management, L.P., which
had lost a bid to provide equity exit financing to the company.
Under the settlement, Dana agreed to reimburse up to
US$2,000,000 for out-of-pocket expenses Appaloosa Management
incurred in the Chapter 11 cases, in exchange for its support to
Dana's Joint Plan of Reorganization.
In October 2007, Dana's Board of Directors rejected Appaloosa's
offer to purchase preferred Dana shares that remain unsold in a
rights offering. Dana's Reorganization Plan, as amended,
incorporates a Global Settlement which provides, among others,
(i) an equity financing of up US$790,000,000 by Centerbridge
Capital Partners, L.P., and members of an Ad Hoc Steering
Committee, and (ii) a settlement between Dana and its unions.
As part of of the Settlement, Appaloosa has agreed to withdraw
its appeal on a prior order by Judge Lifland approving the
Debtors' investment agreement with Centerbridge.
The Settlement Agreement will also permit Appaloosa to invest in
reorganized Dana. Appaloosa will be permitted to acquire
unsecured claims prior to the November 28, 2007 record date
established by the Plan and the Investment Agreement for
determining parties entitled to purchase new Series B preferred
stock.
Dana said that its settlement agreement with Appaloosa, which
holds 14.98% of existing common stock of Dana, will resolve one
of the major potential obstacles remaining to confirmation of
the Plan, at minimal cost.
The Settlement has been negotiated with the Official Committee
of Unsecured Creditors. Centerbridge has also consented to the
terms of the Settlement.
The primary terms of the Settlement Agreement are:
-- Withdrawal of Appeal: Appaloosa will withdraw the
Appellate Case with prejudice within two business days of
the Settlement becoming effective.
-- Waiver of Standstill: The Debtors will waive certain
provisions of a Confidentiality Agreement between Dana and
Appaloosa to lift contractual restrictions on Appaloosa
from acquiring a beneficial ownership of claims or debt
securities of Dana its subsidiaries.
-- Expenses: The Creditors Committee will support, and the
Debtors will take no position with respect to, a motion by
Appaloosa under Section 503(b) of the Bankruptcy Code
seeking reimbursement of US$2,000,000 of reasonable fees
and expenses incurred in connection with the Debtors'
Chapter 11 cases.
-- Voting: The order approving the Settlement will provide
that all of Appaloosa's claims against the Debtors now
held or acquired prior to the deadline for voting on the
Plan will be deemed to vote to accept the Plan and consent
to the releases provided for therein. Appaloosa will only
transfer its claims to an entity that agrees to accept all
of Appaloosa's obligations under the Settlement.
-- Plan Support Agreement: Appaloosa will reaffirm its
obligations under the Plan Support Agreement dated
July 26, 2007, among Dana, the Unions, Centerbridge and
certain of its affiliates and various holders of unsecured
claims that agreed to support the Plan. The Debtors and
the Creditors Committee waive certain claims for breach of
contract they may have versus Appaloosa under the Plan
Support Agreement.
-- Investment Agreement: Appaloosa will support the
Investment Agreement between Dana and Centerbridge and
will refrain from taking a number of enumerated actions
that would serve to interfere with the Investment
Agreement or the confirmation of the Plan.
Corinne Ball, Esq., at Jones Day, in New York, tells the Court,
the Settlement Agreement (a) surpasses "the lowest point in the
range of reasonableness," (b) represents a proper exercise of
the Debtors' business judgment and (c) should be approved
pursuant to Section 363 of the Bankruptcy Code and Rule 9019 of
the Federal Rules of Bankruptcy Procedure.
About Dana Corporation
Headquartered 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 March 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2007, the Debtors listed US$7,018,000,000 in total
assets and 7,554,000,000 in total debts resulting in a total
shareholders' deficit of US$536,000,000.
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. On Oct. 23, 2007, the Court approved the adequacy of the
Disclosure Statement explaining their Plan. The Court has set
Dec. 10, 2007, to consider confirmation of the Plan. (Dana
Corporation Bankruptcy News, Issue No. 62; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000).
DANA CORP: Secures US$2 Billion Exit Financing
----------------------------------------------
Dana Corporation has obtained fully underwritten commitments for
a US$2,000,000,000 exit financing facility, marking a
significant step toward the company's timely emergence from
Chapter 11 reorganization. These commitments ensure that Dana
will be positioned to emerge from bankruptcy by the end of
January 2008, or earlier.
The exit facility will be underwritten by Citigroup Global
Markets Inc., Lehman Brothers Inc., and Barclays Capital, and
will consist of a US$650,000,000 asset-based revolving credit
facility and a US$1,350,000,000 term loan facility. The
facilities are secured by substantially all of the assets of
Dana and most of its domestic subsidiaries.
Dana Chairman and Chief Executive Officer Mike Burns said, "This
is a significant step toward our emergence as a strong,
financially stable company that is equipped to make significant
investments in our programs and to continue providing innovative
products of the highest quality to our customers worldwide. The
fact that our exit facility is fully underwritten during
difficult credit market conditions is a strong endorsement of
our proposed capital structure and success in implementing our
turnaround initiatives. In addition, it further ensures our
timely emergence from Chapter 11 after confirmation of our plan
of reorganization by the bankruptcy court."
Proceeds from the facility will be used by Dana to repay its
debtor-in-possession credit facility, make other payments
required upon exit from bankruptcy, and provide liquidity to
fund working capital and other general corporate purposes.
The commitment letter remains subject to bankruptcy court
approval and the funding of the commitments set forth in the
commitment letter is subject to customary closing conditions.
Dana was advised by Miller Buckfire & Co., AlixPartners, and
Jones Day in connection with its exit financing process.
About Dana
Headquartered 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 March 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Aug. 31, 2007, the Debtors listed USUS$6,878,000,000 in total
assets and US$7,551,000,000 in total debts resulting in a total
shareholders' deficit of US$673,000,000.
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. On Oct. 23, 2007, the Court approved the adequacy of the
Disclosure Statement explaining their Plan. The Court has set
Dec. 10, 2007, to consider confirmation of the Plan. (Dana
Corporation Bankruptcy News, Issue No. 62; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000).
PARMALAT SPA: Allocated Shares to Creditors Hike Stock Capital
--------------------------------------------------------------
Parmalat S.p.A. communicates that, following the allocation of
shares to creditors of the Parmalat Group, the subscribed and
fully paid up share capital has now been increased by
EUR77,640 to EUR1,652,118,077 from EUR1,652,040,437.
The share capital increase is due to the exercise of 77,042
warrants and to the assignation of 598 shares.
The latest status of the share allotment is that 34,186,761
shares representing approximately 2.1% of the share capital are
still in a deposit account c/o Parmalat S.p.A., of which:
* 13,481,713 or 0.8% of the share capital, registered in the
name of individually identified commercial creditors, are
still deposited in the intermediary account of Parmalat
S.p.A. centrally managed by Monte Titoli (compared with
13,481,247 shares as at Oct. 26, 2007); and
* 20,705,048 or 1.3% of the share capital registered in the
name of the Foundation, called Fondazione Creditori
Parmalat, of which:
-- 120,000 shares representing the initial share capital
of Parmalat S.p.A. (unchanged); and
-- 20,585,048 or 1.2% of the share capital that pertain to
currently undisclosed creditors (compared with
21,361,710 shares as at Oct. 26, 2007).
Headquartered in Milan, Italy, Parmalat S.p.A. --
http://www.parmalat.net/-- sells nameplate milk products that
can be stored at room temperature for months. It also has about
40 brand product lines, which include yogurt, cheese, butter,
cakes and cookies, breads, pizza, snack foods and vegetable
sauces, soups and juices.
The company's U.S. operations filed for chapter 11 protection on
Feb. 24, 2004 (Bankr. S.D.N.Y. Case No. 04-11139). Gary
Holtzer, Esq., and Marcia L. Goldstein, Esq., at Weil Gotshal &
Manges LLP, represent the Debtors. When the U.S. Debtors filed
for bankruptcy protection, they reported more than $200 million
in assets and debts. The U.S. Debtors emerged from bankruptcy
on April 13, 2005.
Parmalat S.p.A. and its Italian affiliates filed separate
petitions for Extraordinary Administration before the Italian
Ministry of Productive Activities and the Civil and Criminal
District Court of the City of Parma, Italy on Dec. 24, 2003.
Dr. Enrico Bondi was appointed Extraordinary Commissioner in
each of the cases. The Parma Court has declared the units
insolvent.
On June 22, 2004, Dr. Bondi filed a Sec. 304 Petition, Case No.
04-14268, in the United States Bankruptcy Court for the Southern
District of New York.
Parmalat has three financing arms: Dairy Holdings Ltd., Parmalat
Capital Finance Ltd., and Food Holdings Ltd. Dairy Holdings and
Food Holdings are Cayman Island special-purpose vehicles
established by Parmalat S.p.A. The Finance Companies are under
separate winding up petitions before the Grand Court of the
Cayman Islands. Gordon I. MacRae and James Cleaver of Kroll
(Cayman) Ltd. serve as Joint Provisional Liquidators in the
cases. On Jan. 20, 2004, the Liquidators filed Sec. 304
petition, Case No. 04-10362, in the United States Bankruptcy
Court for the Southern District of New York. In May 2006, the
Cayman Island Court appointed Messrs. MacRae and Cleaver as
Joint Official Liquidators. Gregory M. Petrick, Esq., at
Cadwalader, Wickersham & Taft LLP, and Richard I. Janvey, Esq.,
at Janvey, Gordon, Herlands Randolph, represent the Finance
Companies in the Sec. 304 case.
The Honorable Robert D. Drain presides over the Parmalat
Debtors' U.S. cases. On June 21, 2007, the U.S. Court Granted
Parmalat Permanent Injunction.
TISCALI SPA: Unveils Strategic Plan for 2008-2012
-------------------------------------------------
The Board of Directors of Tiscali S.p.A. has approved its
strategic plan for 2008-2012.
Industrial Plan 2008-2012: Guidelines
The guidelines at the basis of the industrial plan 2008-2012
foresee to strengthen the competitive positioning in Italy and
in the U.K. targeting, primarily in 2008, the acceleration of
the integration process of Pipex in the U.K. and a commercial
boost in Italy.
The product positioning will be maintained on the double play
offers (voice and data) with high capacity and at competitive
prices, with an offer also covering IPTV services, already
available in the UK and which are being launched in Italy and
mobile telephony services as well (through MVNO agreements).
The plan also envisages, particularly in the U.K. by leveraging
on the client base acquired with Pipex, to further develop a
positioning in the SMEs market, by offering a complete portfolio
of integrated IP services with a competitive market positioning.
From an infrastructure standpoint, the plan contemplates a
further expansion of the network to reach 1,800 unbundling (LLU)
sites in 2008 and 2,100 by 2009, covering approximately 30
million lines.
In particular, it is expected to reach 1,000 LLU sites in the
U.K. in 2008 (740 of which IPTV enabled) and 1,100 sites in 2009
(covering 17 million lines). In Italy, thanks to a virtual
unbundling agreement reached with Telecom Italia, the IPTV offer
will be launched on 1,000 LLU sites already in 2008 (13 million
lines), rolling out the network in 2H2008 to reach directly 800
LLU sites by 2008 and 1,000 in 2009, where economically viable.
The capital expenditure necessary to acquire the forecast
customer base and to develop the network and the new services
(IPTV and MVNO etc), amounts, over the business plan horizon, to
ca EUR1 billion, of which EUR220 million in 2008.
In order to further simplify the Group structure and to achieve
a better operating efficiency, the Board of Directors has also
approved the merger of Tiscali Italia S.p.A. with Tiscali
Services - the company currently providing IT services to the
Group - and a new consolidation perimeter including all Italian
activities of the Group (Tiscali Italian SpA, Tiscali Services,
Tiscali Network, MVNO).
Targets
On the basis of the business plan approved the targets at
consolidated level and in Italy and United Kingdom are:
-- 2008 revenues at EUR1.3 billion (+39% vs 2007) growing 17%
per annum to reach over EUR2 billion in 2012.
In particular:
* Italy: EUR417 million revenues in 2008 and
EUR850 million in 2012 (+21% per annum), 70% from
direct access; and
* United Kingdom: approximately EUR900 million of
revenues in 2008 and approximately EUR1.2 billion
revenues in 2012, +14% per annum with about 70% from
direct access.
-- Gross Operating Result at EUR290 million in 2008 (22% of
revenues) and over EUR600 million in 2012 (30% of
revenues), with a 30% growth per annum.
In particular:
* Italy: Gross Operating Result at EUR90 million in 2008
(21% of revenues) and EUR250 million in 2012 (29% of
revenues);
* United Kingdom: Gross Operating Result at approximately
EUR220 million in 2008 (24% of revenues) and
EUR370 million in 2012 (30% of revenues)
-- 3.3 million customers in 2008, of which 1.6 million direct
customers and 1.1 million 'multiplay,' reaching over
4 million customers in 2012 of which approximately 3
million direct customers (2.1 million as 'multiplay'
customers, of which 650,000 IPTV).
In particular:
* In Italy 1.2 million customers in 2008 of which 600,000
direct customers and 400,000 multiplay customers,
reaching 1.7 m