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
Monday, January 28, 2008, Vol. 9, No. 20
Headlines
A U S T R I A
DS KONSTRUKTION: Claims Registration Period Ends February 7
DRAGOMIR DJURIC: Claims Registration Period Ends February 7
ELTNER MANAGEMENT: Claims Registration Period Ends February 6
HEIMBUCHER TRANSPORTE: Claims Registration Ends February 4
ING. BUESING: Claims Registration Period Ends February 1
JOHANN KAPPER: Graz Court Orders Business Shutdown
MAGAUER LLC: Claims Registration Period Ends February 4
MOLAND LLC: Claims Registration Period Ends February 1
B E L G I U M
MEGA BRANDS: S&P Cuts Corporate Credit Rating to 'B' From 'B+'
QUEBECOR WORLD: Selects Arnold & Porter as Bankruptcy Counsel
QUEBECOR WORLD: To Use US$750 Million DIP Fund to Buy Portfolio
QUEBECOR WORLD: Wants Access to Two Lenders' Cash Collateral
F R A N C E
HARMAN INT'L: Declares US$0.0125 Per Share Quarterly Dividend
PRIDE INTERNATIONAL: Inks Contract for Deepwater Fleet Expansion
G E R M A N Y
ATECH GMBH: Claims Registration Ends February 8
B&B GASTSTATTEN: Claims Registration Period Ends February 4
BECK MOTORBOOTCENTER: Claims Registration Ends February 6
BHG BAU: Claims Registration Period Ends February 1
BREEZE FINANCE: Fitch Rates EUR46.8 Million Class B Notes at BB-
BRT SPEDITION: Claims Registration Period Ends February 1
BSK BAU-SERVICE: Claims Registration Ends February 8
CAR SERVICE: Claims Registration Period Ends February 5
CSA WELZMUELLER: Claims Registration Period Ends February 11
ELEKTRO-SCHULTE: Claims Registration Period Ends February 1
G&T TANZHAUS: Claims Registration Period Ends February 5
JENOPTIK AG: Fitch Affirms and Withdraws B+ Ratings
LOGSPEDSERVICE GMBH: Claims Period Ends February 11
M&S GMBH: Claims Registration Period Ends February 4
MELA-KUECHEN: Claims Registration Period Ends February 4
MULTI-TELEFON-MARKETING GMBH: Claims Period Ends February 5
ORGATECH REINARTZ: Claims Registration Ends February 10
SLF SCHORNSTEIN: Claims Registration Period Ends February 3
SPORT LINK: Claims Registration Period Ends February 2
TON-PLAN GMBH: Claims Registration Ends February 6
WICOMAT BETEILIGUNGS: Claims Registration Period Ends February 5
I R E L A N D
RITCHIE IRELAND: Wants to Hike Borrowing by US$1.8MM to US$4.5MM
I T A L Y
ALITALIA SPA: AirOne SpA Taps Seabury Group to Boost Offer
ARES FINANCE 2: S&P Affirms Class E Notes at BB
ARES FINANCE SRL: S&P Rates Class F Notes at BB
FIAT SPA: Improved Performance Cues Moody's to Keep Ba1 Ratings
K A Z A K H S T A N
COMPANY TRANSSPETSSERVICE: Creditors' Claims Due on February 27
HLEBOROB-SERGIENKO: Creditors Must File Claims by February 22
KAISAR-HKM LLP: Claims Filing Period Ends February 22
TALAP-2000 LLP: Creditors' Claims Due on February 22
TEMIRMUNAI INVEST: Claims Registration Ends February 27
TURAR LTD: Creditors Must File Claims by February 22
ONLINE SOLUTIONS: Claims Filing Period Ends February 27
K Y R G Y Z S T A N
ENERGO-POLIS LLC: Creditors Must File Claims by February 15
N O R W A Y
TELLER AS: Fitch Affirms IDR at BB+ on Strong Franchise
P O L A N D
ACXIOM CORP: Earns US$54.7 Mln in Fiscal 3rd Qtr. Ended Dec. 31
R U S S I A
KUEDINSKY BREWERY: Creditors Must File Claims by February 29
LIPETSKY MACHINERY: Creditors Must File Claims by February 29
LOBVINSKY BIOCHEMICAL: Creditors Must File Claims by January 29
ROSNEFT OIL: Seeks US$2 Bln Loan to Repay Maturing Debts
SHABROVSKY TALC: Court Starts Bankruptcy Supervision Procedure
TEMKINSKY FLUX-PROCESSING: Court Starts Bankruptcy Supervision
URALHIPRORUBBERTECHNIKA: Creditors Must File Claims by Jan. 29
URALSVYAZINFORM OAO: Fitch Affirms Ratings on Stability
VOZROZHDENIYE CJSC: Bankruptcy Hearing Slated for April 24
S W I T Z E R L A N D
ANIKA ENGINEERING: Creditors Must File Claims by January 31
DYNA-REND JSC: Creditors' Liquidation Claims Due by February 4
GASSER BERATUNG: Creditors' Liquidation Claims Due by January 31
GUNTHER STAUDT: Creditors' Liquidation Claims Due by January 31
ICA INVESTMENT: Creditors' Liquidation Claims Due by January 31
KAP CONSULTING: Creditors' Liquidation Claims Due by January 31
MODELLBAHNZUBEHOR MZZ: Creditors Must File Claims by January 31
MONIKA REICH: Creditors' Liquidation Claims Due by February 4
VEDANA TREUHAND: Creditors' Liquidation Claims Due by January 31
WORLD LINE: Creditors' Liquidation Claims Due by January 31
U K R A I N E
AVIACOMPANY VITAIR: Proofs of Claim Filing Ends February 3
CONSTRUCTION.MATERIALS.TECHNOLOGIES: Claims Filing Ends Feb. 7
ENGINEER TECHNOLOGIES: Proofs of Claim Filing Ends February 3
MKL LLC: Proofs of Claim Filing Ends February 7
MOTORCAR TRADE: Creditors Must File Claims by February 3
SHYROKOVSKY AGRICULTURAL: Creditors Must File Claims by Feb. 3
SOFIT LLC: Proofs of Claim Filing Ends February 2
SOUTH ELEVATOR: Proofs of Claim Filing Ends February 2
SUPER FILM: Creditors Must File Claims by February 2
TISA-95 LLC: Proofs of Claim Filing Ends February 7
UKRSOTSBANK OJSC: S&P Lifts Ratings to BB- with Negative Outlook
U N I T E D K I N G D O M
ARQUEST LTD: Appoints Ernst & Young as Joint Administrators
ATTRIC GROUP: Brings In Liquidators from KPMG
ATTRIC PBI: Calls In Liquidators from KPMG
CHRYSLER LLC: Unit Inks Product Development Pact w/ Tata Motors
CONSTELLATION BRANDS: Selling Three Wine Brands for US$134 Mln
CORDER PROPERTY: David Merrygold Leads Liquidation Procedure
CUMMINS INC: To Increase Workforce by 500 in Columbus
DBRS LTD: Taps Ian Defty to Liquidate Assets
DUCIE COURT: Brings In Administrators from BDO Stoy
ENTERPRISE INNS: S&P Affirms BB+ Long-term Credit Ratings
FORD MOTOR: Neapco Inks Sale Agreements for ACH Driveshaft Biz
GARDNER FINE: Taps Begbies Traynor to Administer Assets
GENERAL MOTORS: IUE-CWA Retirees to Get Christmas Bonus
LESLIE REESON: Joint Liquidators Take Over Operations
NORTHERN ROCK: Pension Trustees In Talks Over Scheme Buy-Out
RANK GROUP: Urges UK Gov't. to Reform Double-Tax Regime on Bingo
SHAW GROUP: Nuclear Unit Launches New Office in Shanghai, China
TATA MOTORS: Allies with Chrysler to Sell Electric Truck in U.S.
UNITED TRADE: Appoints Liquidators from Tenon Recovery
* BOND PRICING: For the Week Jan. 21 to Jan. 25, 2008
*********
=============
A U S T R I A
=============
DS KONSTRUKTION: Claims Registration Period Ends February 7
-----------------------------------------------------------
Creditors owed money by LLC D.S. Konstruktion Bau (FN 243373b)
have until Feb. 7, 2008, to file written proofs of claim to
court-appointed estate administrator Romana Weber-Wilfert at:
Dr. Romana Weber-Wilfert
c/o Dr. Christof Stapf
Esslinggasse 9
1010 Vienna
Austria
Tel: 90 333
Fax: 90333 44
E-mail: wien@snwlaw.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:30 a.m. on Feb. 21, 2008, 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 Dec. 13, 2007 (Bankr. Case No. 5 S 144/07x). Christof Stapf
represents Dr. Weber-Wilfert in the bankruptcy proceedings.
DRAGOMIR DJURIC: Claims Registration Period Ends February 7
-----------------------------------------------------------
Creditors owed money by KEG DRAGOMIR DJURIC (FN 287026y) have
until Feb. 7, 2008, to file written proofs of claim to court-
appointed estate administrator Michael Neuhauser at:
Mag. Michael Neuhauser
c/o Dr. Romana Weber-Wilfert
Esslinggasse 7
1010 Vienna
Austria
Tel: 90 333
Fax: 90 333 55
E-mail: wien@snwlaw.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:00 a.m. on Feb. 21, 2008, 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 Dec. 12, 2007 (Bankr. Case No. 5 S 142/07b). Romana Weber-
Wilfert represents Mag. Neuhauser in the bankruptcy proceedings.
ELTNER MANAGEMENT: Claims Registration Period Ends February 6
-------------------------------------------------------------
Creditors owed money by LLC Eltner Management (FN 70488i) have
until Feb. 6, 2008, to file written proofs of claim to court-
appointed estate administrator Kurt Bernegger at:
Dr. Kurt Bernegger
c/o Mag. Maria Kainer
Jacquingasse 21
1030 Vienna
Austria
Tel: 799 15 80
Fax: 796 59 14
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:30 a.m. on Feb. 20, 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 Dec. 12, 2007 (Bankr. Case No. 2 S 154/07w). Maria Kainer
represents Dr. Bernegger in the bankruptcy proceedings.
HEIMBUCHER TRANSPORTE: Claims Registration Ends February 4
----------------------------------------------------------
Creditors owed money by LLC Heimbucher Transporte (FN 254486w)
have until Feb. 4, 2008, to file written proofs of claim to
court-appointed estate administrator Roland Heitzingerat:
Dr. Roland Heitzinger
Ringstrasse 4/Plobergerstrasse 7
4600 Wels
Austria
Tel: 07242/42605-0
Fax: 07242/42605-20
E-mail: heitzinger@ra-stossier.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:40 a.m. on Feb. 14, 2008, 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 Dec. 13, 2007 (Bankr. Case No. 20 S 144/07p).
ING. BUESING: Claims Registration Period Ends February 1
--------------------------------------------------------
Creditors owed money by LLC Ing. Buesing (FN 189531y) have until
Feb. 1, 2008, to file written proofs of claim to court-appointed
estate administrator Stephan Riel at:
Dr. Stephan Riel
Landstrasser Hauptstrasse 1/2
1030 Vienna
Austria
Tel: 713 44 33
Fax: 713 10 33
E-mail: kanzlei@jsr.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on Feb. 15, 2008, 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 Dec. 13, 2007 (Bankr. Case No. 28 S 151/07w).
JOHANN KAPPER: Graz Court Orders Business Shutdown
--------------------------------------------------
The Land Court of Graz entered Dec. 19, 2007 an order shutting
down the business of LLC Johann Kapper (FN 81017v).
Court-appointed estate administrator Norbert Scherbaum
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. Norbert Scherbaum
LLC Scherbaum/Seebacher Rechtsawalte
Einspinnergasse 3
Second Floor
8010 Graz
Austria
Tel: 0316/832460
Fax: 0316/832460-20
E-mail: office@scherbaum-seebacher.at
Headquartered in St. Stefan im Rosental, Austria, the Debtor
declared bankruptcy on Dec. 17, 2007 (Bankr. Case No 26 S
118/07h).
MAGAUER LLC: Claims Registration Period Ends February 4
-------------------------------------------------------
Creditors owed money by LLC Magauer (FN 105833m) have until
Feb. 4, 2008, to file written proofs of claim to court-appointed
estate administrator Walter Holme at:
Dr. Walter Holme
Dr. Koss Strasse 3
4600 Wels
Austria
Tel: 07242/67354-0
Fax: 07242/67354-50
E-mail: kanzlei@holme.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 11:00 a.m. on Feb. 4, 2008, 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 Dec. 14, 2007 (Bankr. Case No. 20 S 145/07k).
MOLAND LLC: Claims Registration Period Ends February 1
------------------------------------------------------
Creditors owed money by LLC Moland (FN 60787v) have until
Feb. 1, 2008, to file written proofs of claim to court-appointed
estate administrator Bernhard Eder at:
Dr. Bernhard Eder
Brucknerstrasse 4
1040 Vienna
Tel: 505 78 61
Fax: 505 78 61 9
E-mail: eder@rechtsanwaelte.co.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:00 a.m. on Feb. 15, 2008, 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 Dec. 13, 2007 (Bankr. Case No. 28 S 152/07t).
=============
B E L G I U M
=============
MEGA BRANDS: S&P Cuts Corporate Credit Rating to 'B' From 'B+'
--------------------------------------------------------------
Standard & Poor's Ratings Services lowered its corporate credit
and bank loan ratings on Montreal-based MEGA Brands Inc. to 'B'
from 'B+'. The ratings remain on CreditWatch with negative
implications, where they were placed Nov. 9, 2007. The '3'
recovery rating on the bank loan is unchanged.
"The downgrade and CreditWatch listing reflect Standard & Poor's
concerns that earnings, credit measures, and financial
flexibility are weaker than expected due to challenges MEGA
Brands faces," said Standard & Poor's credit analyst Lori
Harris. "The company's financial flexibility is limited because
of the possibility it might not be in compliance with its
financial covenants for the fourth quarter 2007 or thereafter
due to the material decline in operating profit and cash flow,"
Ms. Harris added.
MEGA Brands' profitability has been negatively affected by
problems related to its Magnetix product, other litigation,
manufacturing inefficiencies, and higher costs for products
manufactured in China. Excluding one-time charges, gross margin
for third-quarter 2007 declined to 38% from 45% for the same
period in 2006. In addition, the softening economy could
negatively affect industry participants that have already faced
criticism because of product safety concerns.
For the past two years, the company has been involved in
litigation related to its Magnetix product, which resulted in
product recalls, replacement, and liability settlement expenses.
The charges related to the litigation have negatively affected
its debt levels and credit ratios in a material way. In
addition, MEGA Brands is involved in litigation with the former
shareholders of Rose Art Industries Inc. concerning employment
arbitration due to the premature departure of the Rosen
brothers, as well as contingent payments related to MEGA Brands'
2005 acquisition of the business. An additional US$51 million
in accrued consideration has yet to be paid because MEGA Brands
is disputing this claim.
The ratings will remain on CreditWatch until MEGA Brands'
financial flexibility and covenant compliance concerns are
resolved.
MEGA Brands Inc. -- http://www.megabrands.com/-- (TSE:MB) is a
distributor of construction toys, games & puzzles, arts & crafts
and stationery. The company is headquartered in Montreal,
Canada and has offices in Belgium, United Kingdom, Germany,
France, Spain, Mexico, and Australia.
QUEBECOR WORLD: Selects Arnold & Porter as Bankruptcy Counsel
-------------------------------------------------------------
Quebecor World Inc. and its debtor-affiliates ask the U.S.
Bankruptcy Court for the Southern District of New York for
authority to hire Arnold & Porter as their counsel, nunc pro
tunc to Jan. 21, 2008.
The Debtors relate that Arnold & Porter has provided a wide
range of legal representation and counseling for many years to
the Debtors and certain of their non-debtor affiliates.
In addition, the Debtors say that before the bankruptcy filing,
the Debtors sought the services of the firm with respect to,
among other things, advice regarding restructuring matters in
general and preparation for the potential commencement and
prosecution of Chapter 11 cases for the Debtors. As any
successful restructuring of the Debtors' finances and operations
is inextricably linked to the restructuring of the Debtors' non-
debtor affiliates, the Debtors requested the firm to work
closely with Quebecor World Inc.'s Canadian restructuring
counsel for appropriate court supervised restructuring processes
in Canada and the United States.
During the Chapter 11 cases, Arnold & Porter will:
-- advise the Debtors with respect to their powers and
duties as Debtors and debtors-in-possession in the
continued management and operation of their businesses
and properties;
-- advise and consult on the conduct of the Chapter 11
cases, including all of the legal and administrative
requirements of operating in Chapter 11;
-- attend meetings and negotiate with representatives of
creditors and of the Debtors' employees and other
parties-in-interest;
-- advise the Debtors in connection with any contemplated
sales of assets, business combinations, or investment
transactions.
-- advise the Debtors in connection with postpetition
financing and cash collateral arrangements and
negotiating and drafting documents, relating thereto,
among other things;
-- advise the Debtors on matters relating to the evaluation
of the assumption, rejection or assignment of unexpired
leases and executory contracts;
-- provide advice to the Debtors with respect to legal
issues arising in or relating to the Debtors' ordinary
course of business.
-- take necessary action to protect and preserve the
Debtors' estates, including the prosecution of actions
and proceedings on their behalf, the defense of any
actions and proceedings commenced against the estates,
and negotiations concerning all litigations;
-- develop and implement protocols for the coordination of
the Chapter 11 cases with restructuring cases filed on
behalf of the Debtors and non-debtor affiliates in
Canada;
-- prepare on behalf of the Debtors motions, applications,
answers, orders, reports and papers necessary to the
administration of the estates;
-- negotiate and prepare, on the Debtors' behalf, plans of
reorganization, disclosure statements and all related
agreements or documents and take any necessary action on
behalf of the debtors to obtain confirmation of those
plans;
-- attend meetings with third parties and participate in
negotiations;
-- appear before the Court, other courts, and the U.S.
Trustee; and protect the interests of the Debtors'
estates before those courts and the U.S. Trustee;
-- meet and coordinate with other counsel and other
professionals retained on behalf of the Debtors and
approved by the Court; and
-- perform all other necessary legal services and provide
all other necessary legal advice to the Debtors in
connection with the Chapter 11 cases and related matters.
The firm will bill the Debtors for its services at its usual
hourly rates. Presently, Arnold & Porter's hourly rates range
from US$550 to US$825 for partners, and US$300 to US$560 for
associates. The firm will also seek reimbursement for out-of-
pocket expenses incurred in its representation of the Debtors.
The Debtors and certain non-debtor affiliates have made certain
payments to Arnold & Porter within the 90-day period prior the
bankruptcy filing for services rendered by the firm and as
retainer.
As of the bankruptcy filing, the firm held a retainer of
US$939,053. The firm will apply the retainer to pay its fees
and disbursements as allowed by the Court
Michael J. Canning, Esq., at Arnold & Porter says he and the
firm are "disinterested persons" as that term is defined in
Section 101(14) of the Bankruptcy Code and does not hold or
represent any interest adverse to the Debtors' estates.
The firm can be reached at:
Michael J. Canning, Esq.
Arnold & Porter LLP
399 Park Avenue
New York, NY 10022-4690
Tel: (212) 715-1110
Fax: (212) 715-1399
http://www.arnoldporter.com/
Based in Montreal, Quebec, Quebecor World Inc. (TSX: IQW) (NYSE:
IQW), -- http://www.quebecorworldinc.com/-- provides market
solutions, including marketing and advertising activities, well
as print solutions to retailers, branded goods companies,
catalogers and to publishers of magazines, books and other
printed media. It has 127 printing and related facilities
located in North America, Europe, Latin America and Asia. In
the United States, it has 82 facilities in 30 states, and is
engaged in the printing of books, magazines, directories, retail
inserts, catalogs and direct mail. In Canada it has 17
facilities in five provinces, through which it offers a mix of
printed products and related value-added services to the
Canadian market and internationally.
The company is an independent commercial printer in Europe with
19 facilities, operating in Austria, Belgium, Finland, France,
Spain, Sweden, Switzerland and the United Kingdom. In March
2007, it sold its facility in Lille, France. Quebecor World
(USA) Inc. is its wholly owned subsidiary.
Quebecor World and its debtor-affiliates filed for chapter 11
bankruptcy on Jan. 21, 2008 (Bankr. S.D.N.Y Lead Case No. 08-
10152). Anthony D. Boccanfuso, Esq., at Arnold & Porter LLP
represents the Debtors in their restructuring efforts. The
Debtors listed total assets of US$5,554,900,000 and total debts
of US$4,140,700,000 when they filed for bankruptcy.
As of Sept. 30, 2007, Quebecor World's unaudited consolidated
balance sheet showed total assets of US$5,554,900,000, total
liabilities of US$3,964,800,000, preferred shares of
US$175,900,000, and total shareholders' equity of
US$1,414,200,000.
(Quebecor World Bankruptcy News, Issue No. 2; Bankruptcy
Creditors' Service, Inc., http://bankrupt.com/newsstand/or
215/945-7000)
QUEBECOR WORLD: To Use US$750 Million DIP Fund to Buy Portfolio
---------------------------------------------------------------
Quebecor World Inc. and its debtor-affiliates ask the U.S.
Bankruptcy Court for the Southern District of New York for
permission to immediately obtain up to an aggregate of
US$750,000,000 revolving loans and letters of credit under a
debtor-in-possession facility to allow them to purchase
Receivables Portfolio worth US$416,800,000.
As reported in the Troubled Company Reporter-Europe on Friday,
the Debtors formally sought the Bankruptcy Court's authority to
enter into a US$1,000,000,000 senior secured superpriority DIP
credit agreement from a syndicate of lenders led by Credit
Suisse Securities (USA), LLC, as administrative and collateral
agent, and Morgan Stanley Senior Funding Inc.
Receivables Portfolio refers to certain accounts receivable and
other related rights sold, assigned and initially transferred by
the Debtors to one of its non-debtor affiliate, Quebecor World
Finance Inc., who, in turn, sold those account receivables to
third parties.
As previously reported, the US$1,000,000,000 DIP Facility
comprises of a US$600,000,000 term loan and a US$400,000,000
revolving credit facility. The Revolving Credit Facility also
includes a US$100,000,000 letter of credit subfacility and a
US$25,000,000 swing line subfacility.
Aside from purchasing the Receivables Portfolio, the remaining
proceeds of the DIP Facility will be used to provide the Debtors
financing for working capital, letters of credit, capital
expenditures and other general corporate purposes, the Debtors'
proposed counsel Michael J. Canning, Esq., at Arnold & Porter
LLP, in New York, says.
The DIP Facility's Borrowing Base will mean at any time of
determination the sum of:
(a) up to 85% of eligible US and Canadian trade accounts
receivable of the Debtors, other than accounts receivable
subject to a lien in favor of the lenders under the
existing Credit Agreements with the Royal Bank of Canada
and the Societe Generale (Canada); and
(b) the lesser of (x) up to 85% of the Orderly Liquidation
Value Percentage of eligible US inventory of the Debtors,
other than inventory subject to a lien in favor of the
lenders under the Existing Credit Agreements, and (y) up
to 65% of eligible US inventory of the Debtors, minus (z)
reserves to be reasonably determined by Credit Suisse.
The DIP Facilities, the Guarantees and any Hedging Arrangements
will be secured by substantially all the assets of the Debtors,
except any proceeds of Avoidance Actions. Security granted to
the Lenders will include:
-- a perfected first-priority pledge of all the equity
interests of Quebec World (USA), Inc.;
-- a perfected first priority pledge of all the equity
interests held by Quebec World, Inc., QWUSA or any other
Guarantor; and
-- a perfected first-priority security interests in, and
mortgages on, substantially all assets of QWI, QWUSA and
each Guarantor.
The Collateral will not include accounts receivable of European
Guarantors, which are subject to existing factoring arrangements
or factoring arrangements that are otherwise acceptable to the
DIP Agent up to an amount to be agreed. The DIP Agents' liens
on
the Collateral will be junior to:
-- all valid liens presently held securing indebtedness
pursuant to the Amended and Restated Credit Agreement
among QWI, QWUSA, the lenders, Royal Bank of Canada, as
administrative agent, and RBC Capital Markets, as
arranger;
-- all valid liens presently held securing indebtedness
pursuant to that certain Credit Agreement, among QWI,
QWUSA and Societe Generale (Canada), as lender;
-- capitalized leases, purchase money security interests or
mechanics' liens in existence at the bankruptcy filing or
perfected subsequent to the bankruptcy filing;
-- other limited liens to be agreed on; and
-- the Carve-Out for the payment of allowed fees and
disbursements of professionals hired by the Debtors and a
statutory committee of unsecured creditors.
The superpriority perfected security interests in the assets of
QWI in its insolvency proceedings under the Canadian Companies'
Creditors Arrangement Act will be subject and subordinate to an
administration charge.
Loans under the Term Facility will be prepaid with 100% of the
net cash proceeds of all asset sales or other dispositions of
property by the Debtors; 100% of the net cash proceeds of
issuances, offerings or placements of debt obligations of the
Debtors; and 100% of Extraordinary Receipts.
Mandatory prepayments under the Revolving Credit Facility will
be required if the DIP Revolving Credit Facility Usage exceeds
the then effective commitments under the Revolving Credit
Facility or the DIP Revolving Credit Facility Usage exceeds
Availability.
Voluntary prepayments of the borrowings under the Revolving
Credit Facility will be permitted at any time without premium or
penalty, subject to payment of customary breakage costs in the
case of a prepayment of an adjusted LIBOR borrowing other than
on the last day of the relevant interest period.
Mr. Canning asserts that approval of the DIP Facility will
enable the Debtors to maintain the confidence of their vendors,
customers and employees. Absent approval of the DIP Facility,
the Debtors will run out of cash before the end of January 2008,
resulting in severe disruptions to their business, he further
asserts.
About Quebecor World
Based in Montreal, Quebec, Quebecor World Inc. (TSX: IQW) (NYSE:
IQW), -- http://www.quebecorworldinc.com/-- provides market
solutions, including marketing and advertising activities, well
as print solutions to retailers, branded goods companies,
catalogers and to publishers of magazines, books and other
printed media. It has 127 printing and related facilities
located in North America, Europe, Latin America and Asia. In
the United States, it has 82 facilities in 30 states, and is
engaged in the printing of books, magazines, directories, retail
inserts, catalogs and direct mail. In Canada it has 17
facilities in five provinces, through which it offers a mix of
printed products and related value-added services to the
Canadian market and internationally.
The company is an independent commercial printer in Europe with
19 facilities, operating in Austria, Belgium, Finland, France,
Spain, Sweden, Switzerland and the United Kingdom. In March
2007, it sold its facility in Lille, France. Quebecor World
(USA) Inc. is its wholly owned subsidiary.
Quebecor World and its debtor-affiliates filed for chapter 11
bankruptcy on Jan. 21, 2008 (Bankr. S.D.N.Y Lead Case No. 08-
10152). Anthony D. Boccanfuso, Esq., at Arnold & Porter LLP
represents the Debtors in their restructuring efforts. The
Debtors listed total assets of US$5,554,900,000 and total debts
of US$4,140,700,000 when they filed for bankruptcy.
As of Sept. 30, 2007, Quebecor World's unaudited consolidated
balance sheet showed total assets of US$5,554,900,000, total
liabilities of US$3,964,800,000, preferred shares of
US$175,900,000, and total shareholders' equity of
US$1,414,200,000.
(Quebecor World Bankruptcy News, Issue No. 2; Bankruptcy
Creditors' Service, Inc., http://bankrupt.com/newsstand/or
215/945-7000)
QUEBECOR WORLD: Wants Access to Two Lenders' Cash Collateral
------------------------------------------------------------
Quebecor World Inc. and its debtor-affiliates ask the U.S.
Bankruptcy Court for the Southern District of New York for
permission to use certain collateral pledged to the prepetition
secured lenders. The prepetition secured lenders are group
lenders led by Royal Bank of Canada and another group of lenders
led by Societe Generale (Canada).
The Debtors tell the Court that they do not have sufficient
liquidity to pay obligations that either are currently due or
are expected to become due in early 2008, proposed counsel
Michael J. Canning, Esq., at Arnold & Porter, LLP, in New York,
relates. RBC Lenders have indicated that it will not provide
any further advances from a US$750,000,000 prepetition credit
agreement because the Debtors have not satisfied conditions and
refinancing milestones set by the RBC Lenders.
Mr. Canning adds that suppliers are demanding cash terms and
customers are threatening to cease doing business with the
Debtors unless they are provided with letters of credit or
similar accommodations. Hence, the Debtors need infusion
of additional cash.
US$750 Million RBC Credit Facility
The RBC Lenders committed to provide a US$750,000,000 revolving
credit facility, which was secured up to a maximum of
US$135,000,000 by:
(a) unlimited guaranties from certain Debtors;
(b) a pledge of the shares of Debtor QW Memphis Corp. by the
Debtors Quebecor World (USA) Inc., the Webb Company, and
Quebecor World Memphis, LLC;
(c) a pledge of the shares of QWUSA by Debtor Quebecor
Printing Holding Company;
(d) security on all personal and real property of QW Memphis,
excluding accounts receivable subject to the Existing
Receivables Facility and certain real estate located in
Covington, Tennessee; and
(d) security on all inventory of QWI located in Canada.
As of Jan. 18, 2008, the aggregate amount of indebtedness
outstanding under the RBC Credit Agreement was approximately
US$735,000,000.
CADUS$136 Million Soc Gen Credit Agreement
A Soc Gen Credit Agreement, on the other hand, provides for an
equipment financing credit facility in the aggregate amount of
the CADUS$136,165,415, expiring on July 1, 2015. The amounts
due under the Soc Gen Credit Agreement are guaranteed and
secured on a pari passu basis up to US$35,000,000 by the same
collateral as the credit facilities under the RBC Credit
Agreement. As of Jan. 11, 2008, the aggregate amount
outstanding under the Soc Gen Credit Agreement was approximately
US$155,000,000.
To protect the interest of the Prepetition Secured Lenders in
the QW Memphis Collateral, for any diminution in value from the
use of the QW Memphis Collateral, and for the imposition of the
automatic stay, the Debtors will release any liens of the
Prepetition Secured Lenders in QW Memphis' accounts immediately
on the entry of an interim cash collateral order.
Establishment of Cash Collateral Account
The Debtors will establish a cash collateral account with a
certain bank. Certain security interests and liens will be
granted:
(a) to the Prepetition Secured Lenders, a valid, binding,
continuing, enforceable, fully perfected first priority
senior security interest in and lien on the Memphis Cash
Collateral Account, securing any Prepetition Secured
Indebtedness that is secured by valid, perfected non
avoidable and enforceable liens in existence as of the
bankruptcy filing; provided that the security interest
granted will be included in the cap on the Prepetition
Secured Indebtedness provided for in the Prepetition
Security Agreements; and
(b) to Credit Suisse Securities (USA), LLC, as the DIP
Facility's Administrative Agent, a valid, binding,
continuing, enforceable, fully perfected security
interest in and lien on the Memphis Cash Collateral
Account immediately junior to the Prepetition Secured
Lenders' Lien.
The Debtors will deposit in the Memphis Cash Collateral Account
an amount equal to the bankruptcy filing value of the QW Memphis
Inventory divided by 46 each day until the date on which the
balance on deposit in the Memphis Cash Collateral Account is
equal to the QW Memphis bankruptcy filing inventory amount. As
of Jan. 22, 2008, the Debtors have not disclosed the approximate
bankruptcy filing value of the Memphis Inventory.
On the Memphis Inventory Release Date, the Debtors will release
any Liens of the prepetition secured lenders in the QW Memphis
Bankruptcy Filing Inventory.
About Quebecor World
Based in Montreal, Quebec, Quebecor World Inc. (TSX: IQW) (NYSE:
IQW), -- http://www.quebecorworldinc.com/-- provides market
solutions, including marketing and advertising activities, well
as print solutions to retailers, branded goods companies,
catalogers and to publishers of magazines, books and other
printed media. It has 127 printing and related facilities
located in North America, Europe, Latin America and Asia. In
the United States, it has 82 facilities in 30 states, and is
engaged in the printing of books, magazines, directories, retail
inserts, catalogs and direct mail. In Canada it has 17
facilities in five provinces, through which it offers a mix of
printed products and related value-added services to the
Canadian market and internationally.
The company is an independent commercial printer in Europe with
19 facilities, operating in Austria, Belgium, Finland, France,
Spain, Sweden, Switzerland and the United Kingdom. In March
2007, it sold its facility in Lille, France. Quebecor World
(USA) Inc. is its wholly owned subsidiary.
Quebecor World and its debtor-affiliates filed for chapter 11
bankruptcy on Jan. 21, 2008 (Bankr. S.D.N.Y Lead Case No. 08-
10152). Anthony D. Boccanfuso, Esq., at Arnold & Porter LLP
represents the Debtors in their restructuring efforts. The
Debtors listed total assets of US$5,554,900,000 and total debts
of US$4,140,700,000 when they filed for bankruptcy.
As of Sept. 30, 2007, Quebecor World's unaudited consolidated
balance sheet showed total assets of US$5,554,900,000, total
liabilities of US$3,964,800,000, preferred shares of
US$175,900,000, and total shareholders' equity of
US$1,414,200,000.
(Quebecor World Bankruptcy News, Issue No. 2; Bankruptcy
Creditors' Service, Inc., http://bankrupt.com/newsstand/or
215/945-7000)
===========
F R A N C E
===========
HARMAN INT'L: Declares US$0.0125 Per Share Quarterly Dividend
-------------------------------------------------------------
Harman International Industries Incorporated has declared a cash
dividend of US$0.0125 per share for the second quarter ended
Dec. 31, 2007.
The quarterly dividend will be paid on Feb. 20, 2008, to each
stockholder of record as of the close of business on
Feb. 6, 2008.
Headquartered in Washington, D.C., Harman International
Industries Inc. (NYSE: HAR) -- http://www.harman.com/-- makes
audio systems through auto manufacturers, including
DaimlerChrysler, Toyota/Lexus, and General Motors. Also the
company makes audio equipment, like studio monitors, amplifiers,
microphones, and mixing consoles for recording studios, cinemas,
touring performers, and others. Harman Int'l has operations in
Japan, Mexico and France.
* * *
In October 2007, Standard & Poor's Ratings Services revised its
CreditWatch implications for the 'BB-' corporate credit rating
on Harman International Industries Inc. to positive from
developing.
PRIDE INTERNATIONAL: Inks Contract for Deepwater Fleet Expansion
----------------------------------------------------------------
Pride International Inc. is continuing the expansion of its
premium deepwater fleet, following a multi-year contract award
from a subsidiary of Petroleo Brasileiro S.A. for the
construction and operation of an advanced-capability, ultra-
deepwater drillship in support of Petrobras's international
exploration and development drilling projects. The ultra-
deepwater drillship, to be constructed at the Samsung Heavy
Industries, Co. Ltd. shipyard in Geoje, South Korea on a fixed-
price basis, is expected to be delivered from the shipyard in
the first quarter of 2011, following construction, commissioning
and system-integrated testing.
The multi-year drilling contract allows Petrobras to elect, by
Jan. 31, 2010, a firm contract term of at least five years and
up to seven years in duration. The drilling contract provides
for the payment of a fixed daily rate and the payment of a
performance bonus of up to 17% of the fixed daily rate if a five
year term is selected (or up to 15% if a six or seven year term
is selected.) Depending on the firm contract term chosen and
excluding revenues for reimbursement of costs associated with
the mobilization of the rig to an initial location, estimated
contract revenues which could be generated range from US$916
million to US$1.24 billion and include the operating dayrate,
the full amount of the performance bonus and other contractually
guaranteed payments of US$41 million to US$49 million. In
addition, a cost escalation provision is provided from the
signing date of the contract through the term selected.
Louis A. Raspino, President and Chief Executive Officer of Pride
International, Inc., stated, "This third addition to our
deepwater fleet in less than seven months, along with the
supporting contract, is beneficial in a number of ways as we
continue to successfully transition the company to a pure
offshore focus with an increasing emphasis on ultra-deepwater
drilling. These benefits include:
a) Expanding our strong business relationship with Petrobras,
a client with increasing opportunities in deepwater
exploration and development drilling around the world.
b) Adding a new, premium ultra-deepwater drilling rig to our
fleet, which will have technically advanced features
allowing the unit to compete effectively in all deepwater
drilling regions.
c) Securing a firm, multi-year contract that allows the
company to build a backlog of revenue and cash flow that
enhances earnings growth prospects and shareholder value
well into the next decade.
d) Adding to our critical mass in dynamically-positioned
deepwater floaters, currently the industry's second
largest fleet, and enhancing our ability to attract and
retain the industry's best operations and engineering
talent.
e) Achieving construction management efficiencies, as all
three of our newbuilds will be constructed in the same
shipyard with an identical hull design and similar
technical features."
Mr. Raspino added, "Deepwater exploration and development
activity continues to be supported by impressive geologic
success and strong energy demand outlook well into the next
decade. Technological advancements continue to enable the
industry to achieve drilling successes in challenging deepwater
environments, resulting in promising new geologic plays, the
emergence of new deepwater regions and expansion of the customer
base. Each of these factors buttresses our high level of
confidence in the long-term duration of the present deepwater
cycle and in our ability to realize attractive contracting
opportunities for our two ultra-deepwater drillships already
under construction, while building our resolve to pursue
additional deepwater growth opportunities."
The new drillship, to be named at a later date, is Pride's third
ultra-deepwater drillship construction project, following
previously announced decisions in 2007 to construct one unit and
to purchase from another party a second unit in the early stages
of construction. Like the first two drillships, the latest unit
is based on an SHI proprietary hull design measuring 750 feet
long, 140 feet wide and offering a pay load in excess of 20,000
metric tons. The drillship is designed for drilling in water
depths of up to 12,000 feet, with a total vertical drilling
depth of up to 40,000 feet, and will have off-line tubular stand
building capabilities. The rig will feature dynamic positioning
in compliance with DPS-3 certification.
The rig, which will be initially equipped for drilling in water
depths of up to 10,000 feet, will also have expanded drilling
fluids capacity, a 1,000 ton capacity top drive and living
quarters for up to 200 personnel. The expected construction
cost of the rig, including commissioning and system integrated
testing and excluding capitalized interest, is approximately
US$720 million. The company expects to fund the construction of
the unit with available cash and borrowings.
Headquartered in Houston, Texas, Pride International Inc.
(NYSE: PDE) -- http://www.prideinternational.com/-- provides
onshore and offshore contract drilling and related services in
more than 25 countries, operating a diverse fleet of 277 rigs,
including two ultra-deepwater drillships, 12 semisubmersible
rigs, 28 jackups, 16 tender-assisted, barge and platform rigs,
and 214 land rigs. The company maintains worldwide operations
in France, Mexico, Kazakhstan, India, and Brazil, among others.
* * *
As reported in the Troubled Company Reporter-Europe on Nov. 22,
2007, Standard & Poor's Ratings Service raised its corporate
credit rating on offshore contract drilling firm Pride
International Inc. to 'BB+' from 'BB'. At the same time, S&P
raised the rating on the company's unsecured debt to 'BB+' from
'BB-'. S&P said the outlook is stable.
=============
G E R M A N Y
=============
ATECH GMBH: Claims Registration Ends February 8
-----------------------------------------------
Creditors of Atech GmbH have until Feb. 8, 2008, to register
their claims with court-appointed insolvency manager Dr. Detlef-
Ruediger Beckmann.
Creditors and other interested parties are encouraged to attend
the meeting at 10:50 a.m. on March 5, 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 Frankfurt (Oder)
Hall 401
Muellroser Chaussee 55
15236 Frankfurt (Oder)
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. Detlef-Ruediger Beckmann
Lindenallee 33
14050 Berlin
Germany
The District Court of Frankfurt (Oder) opened bankruptcy
proceedings against Atech GmbH on Jan. 9, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Atech GmbH
Scheunenstrasse 7
16259 Bad Freienwalde
Germany
B&B GASTSTATTEN: Claims Registration Period Ends February 4
-----------------------------------------------------------
Creditors of B & B Gaststatten GmbH have until Feb. 4, 2008, to
register their claims with court-appointed insolvency manager
Dr. Gerrit Hoelzle.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Feb. 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 Kleve
Meeting Hall C 58
Ground Floor
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. Gerrit Hoelzle
Rheinstrasse 75
47623 Kevelaer
Germany
Tel: 02832/97720
Fax: 02832/977229
The District Court of Kleve opened bankruptcy proceedings
against B & B Gaststatten GmbH on Jan. 9, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
B & B Gaststatten GmbH
Marsstrasse 12
46509 Xanten
Germany
BECK MOTORBOOTCENTER: Claims Registration Ends February 6
---------------------------------------------------------
Creditors of Beck Motorbootcenter GmbH have until Feb. 6, 2008,
to register their claims with court-appointed insolvency manager
Peter Depre.
Creditors and other interested parties are encouraged to attend
the meeting at 10:30 a.m. on Feb. 27, 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:
Peter Depre
O 4, 13-16
68161 Mannheim
Germany
The District Court of Karlsruhe opened bankruptcy proceedings
against Beck Motorbootcenter GmbH on Jan. 8, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Beck Motorbootcenter GmbH
Attn: Renate Beck-Schneege, Manager
Daimlerstr. 45
76185 Karlsruhe
Germany
BHG BAU: Claims Registration Period Ends February 1
---------------------------------------------------
Creditors of BHG Bau- und Handelsgesellschaft mbH have until
Feb. 1, 2008, to register their claims with court-appointed
insolvency manager Andre Schirrmeister.
Creditors and other interested parties are encouraged to attend
the meeting at 9:50 a.m. on Feb. 27, 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 Magdeburg
Hall 14
Breiter Weg 203-206
39104 Magdeburg
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:
Andre Schirrmeister
Magdeburger Str. 23
06112 Halle
Germany
Tel: 0345/ 2308811
Fax: 0345/ 2311199
The District Court of Magdeburg opened bankruptcy proceedings
against BHG Bau- und Handelsgesellschaft mbH on Jan. 8, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
BHG Bau- und Handelsgesellschaft mbH
Pestalozziweg 9
39164 Wanzleben
Germany
BREEZE FINANCE: Fitch Rates EUR46.8 Million Class B Notes at BB-
----------------------------------------------------------------
Fitch Ratings has assigned Breeze Finance SA's (Breeze Four)
secured notes due 2028 expected ratings:
-- EUR161.6 million Class A: 'BBB-', Outlook Stable
-- EUR46.8 million Class B: 'BB-', Outlook Stable
The expected ratings are based on the information provided by
the arranger as of Jan. 23, 2008. The final ratings are
contingent on the receipt of final documents conforming to
information already received as well as on satisfactory legal
opinions.
The class B notes have the same maturity as the class A notes,
but the priority of payment guarantees contractual
subordination. This is reflected in the lower coverage ratio
observed on a consolidated basis for the B notes.
The proceeds of the issuance of the notes will be on-lent by the
issuer to Breeze Four Energy GmbH & Co. KG and Breeze Four SNC
and will be used to refinance existing debt, fund the
construction escrow account and the debt service reserve account
as well as pay for transaction costs.
The Breeze Four notes will be serviced through the revenues
produced by a portfolio of 13 wind farms located in Germany (11)
and in France (2), with a combined capacity of approximately 191
MW. Five wind farms (representing approximately 38% of total
capacity) are currently still under construction and are
expected to be completed within the third quarter of 2008.
The ratings reflect the very favorable regulatory frameworks in
Germany and France (although there is some French pool price
exposure in the last five years of the transaction), the
uncertainty on future wind level, and the fact that the notes
can be repaid according to their terms and conditions should
there be a significant reduction in wind production. The
construction risk associated with the not-yet operating portion
of the portfolio and the benefits of the portfolio's
technological, offtake and geographic diversification have also
been factored into Fitch's analysis and expected ratings.
The transaction's risk are mitigated by a minimum debt service
coverage ratios for class A and B notes in Fitch base case of
1.61x and 1.21x, respectively. Additional comfort is also
provided by the capacity of the cashflows to repay both classes
of debt in downside scenarios, including production stress,
which are viewed as improbable both in the wind consultant's
view and compared with the historical German wind index.
The expected ratings address the timely payment of interest and
principal in accordance with the terms and conditions of the
notes.
BRT SPEDITION: Claims Registration Period Ends February 1
---------------------------------------------------------
Creditors of BRT Spedition GmbH have until Feb. 1, 2008, to
register their claims with court-appointed insolvency manager
Andre K. Gabel.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on March 4, 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 Frankfurt (Main)
Hall 1
Building F
Klingerstrasse 20
60313 Frankfurt (Main)
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:
Andre K. Gabel
Carl-Theodor-Reiffenstein-Platz 6
D 60313 Frankfurt (Main)
Germany
Tel: 069/138228290
Fax: 069/138228299
The District Court of Frankfurt (Main) opened bankruptcy
proceedings against BRT Spedition GmbH on Jan. 8, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
BRT Spedition GmbH
Attn: Michael Klump, Manager
Privatstrasse 1
65795 Hattersheim
Germany
BSK BAU-SERVICE: Claims Registration Ends February 8
----------------------------------------------------
Creditors of BSK Bau-Service-Kipke GmbH have until Feb. 8, 2008
to register their claims with court-appointed insolvency manager
Dr. Wolfgang Koehler.
Creditors and other interested parties are encouraged to attend
the meeting at 10:40 a.m. on Feb. 29, 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 Paderborn
Meeting Hall 230a
Second Floor
Bogen 2-4
33098 Paderborn
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. Wolfgang Koehler
Marktstrasse 22
59555 Lippstadt
Germany
Tel: 02941/979850
Fax: 02941/979870
The District Court of Paderborn opened bankruptcy proceedings
against BSK Bau-Service-Kipke GmbH on Jan. 8, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
BSK Bau-Service-Kipke GmbH
Attn: Arno Kipke, Manager
Friedenseiche 16
59597 Erwitte
Germany
CAR SERVICE: Claims Registration Period Ends February 5
-------------------------------------------------------
Creditors of car service Hahnen GmbH have until Feb. 5, 2008, to
register their claims with court-appointed insolvency manager
Horst Piepenburg.
Creditors and other interested parties are encouraged to attend
the meeting at 10:05 on Feb. 26, 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 Kleve
Meeting Hall C 58
Ground Floor
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:
Horst Piepenburg
Heinrich-Heine-Allee 20
40213 Duesseldorf
Germany
Tel: 0211/492240
Fax: 0211/4922487
The District Court of Kleve opened bankruptcy proceedings
against car service Hahnen GmbH on Jan. 15. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
car service Hahnen GmbH
Querallee 4
47533 Kleve
Germany
Attn: Franziska Hahnen-Johannes, Manager
Holthuysstrasse 24
47533 Kleve
Germany
CSA WELZMUELLER: Claims Registration Period Ends February 11
------------------------------------------------------------
Creditors of CSA Welzmueller Haus und Bau GmbH have until
Feb. 11, 2008, to register their claims with court-appointed
insolvency manager Dr. Robert Hanel.
Creditors and other interested parties are encouraged to attend
the meeting at 8:00 a.m. on March 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 Weilheim
Meeting Hall E 007
Waisenhausstr. 5
Weilheim
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. Robert Hanel
Hauptstr. 37
82380 Peissenberg
Germany
Tel: 08803/63660
Fax: 08803/636677
The District Court of Weilheim opened bankruptcy proceedings
against CSA Welzmueller Haus und Bau GmbH on Jan. 16, 2007.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
CSA Welzmueller Haus und Bau GmbH
Gut Staltach 3
82393 Iffeldorf
Germany
ELEKTRO-SCHULTE: Claims Registration Period Ends February 1
-----------------------------------------------------------
Creditors of Elektro-Schulte GmbH & Co. KG have until Feb. 1,
2008, to register their claims with court-appointed insolvency
manager Manfred Gottschalk.
Creditors and other interested parties are encouraged to attend
the meeting at 9:45 a.m. on March 14, 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 Arnsberg
Meeting Hall 328
Eichholzstr. 4
59821 Arnsberg
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:
Manfred Gottschalk
Kirchender Dorfweg 14
58313 Herdecke
Germany
The District Court of Arnsberg opened bankruptcy proceedings
against Elektro-Schulte GmbH & Co. KG on Dec. 28, 2007.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Elektro-Schulte GmbH & Co. KG
Hauptstrasse 31-33
58802 Balve
Germany
G&T TANZHAUS: Claims Registration Period Ends February 5
--------------------------------------------------------
Creditors of G&T Tanzhaus Erlebnisgastronomie Beteiligungs GmbH
have until Feb. 5, 2008, to register their claims with court-
appointed insolvency manager Ulrich Kraft.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on March 5, 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:
Ulrich Kraft
Wasastr. 15
01219 Dresden
Germany
Web site: http://www.hww-kanzlei.de/
The District Court of Dresden opened bankruptcy proceedings
against G&T Tanzhaus Erlebnisgastronomie Beteiligungs GmbH on
Jan. 3, 2008. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
G&T Tanzhaus Erlebnisgastronomie Beteiligungs GmbH
Bremer Str. 57
01067 Dresden
Germany
JENOPTIK AG: Fitch Affirms and Withdraws B+ Ratings
---------------------------------------------------
Fitch Ratings has affirmed Jenoptik AG's Long-term Issuer
Default Rating at 'B+' with Stable Outlook and Short-term IDR at
'B'. Simultaneously, Fitch has withdrawn the ratings.
Fitch will no longer provide rating coverage of Jenoptik..
LOGSPEDSERVICE GMBH: Claims Period Ends February 11
---------------------------------------------------
Creditors of LogSpedService GmbH have until Feb. 11, 2008, to
register their claims with court-appointed insolvency manager
Hans Peter Runkel.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on March 3, 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 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:
Hans Peter Runkel
Friedrich-Ebert-Strasse 146
42117 Wuppertal
Germany
Tel: 0202/30 20 71
Fax: 0202/31 47 08
The District Court of Wuppertal opened bankruptcy proceedings
against LogSpedService GmbH on Jan. 10, 2008. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
LogSpedService GmbH
Schillweg 17
42109 Wuppertal
Germany
Attn: Jorg Bluhm, Germany
Collenbuschstr. 1
42277 Wuppertal
Germany
M&S GMBH: Claims Registration Period Ends February 4
----------------------------------------------------
Creditors of M & S GmbH Bedachnungen have until Feb. 4, 2008, to
register their claims with court-appointed insolvency manager
Karl-Dieter Sommerfeld.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on March 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 Bonn
Hall S 2.22
Second Stock
William-Strasse 21
53111 Bonn
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:
Karl-Dieter Sommerfeld
Hammerweg 3
51766 Engelskirchen-Ruenderoth
Germany
Tel: 02263/9039-0
Fax: 02263/9039-10
The District Court of Bonn opened bankruptcy proceedings against
M & S GmbH Bedachnungen on Dec. 28, 2007. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
M & S GmbH Bedachnungen
Homburger Str. 3a
51588 Nuembrecht
Germany
MELA-KUECHEN: Claims Registration Period Ends February 4
--------------------------------------------------------
Creditors of MELA-Kuechen-Vertriebs-GmbH & Co. KG have until
Feb. 4, 2008, to register their claims with court-appointed
insolvency manager Dr. Dirk Andres.
Creditors and other interested parties are encouraged to attend
the meeting at 1:40 p.m. on Feb. 21, 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 Essen
Meeting Hall 293
Second Floor
Zweigertstr. 52
45130 Essen
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. Dirk Andres
Neuer Zollhof 3
40221 Duesseldorf
Germany
The District Court of Essen opened bankruptcy proceedings
against MELA-Kuechen-Vertriebs-GmbH & Co. KG on Jan. 4, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
MELA-Kuechen-Vertriebs-GmbH & Co. KG
Grothusstr. 22-28
45881 Gelsenkirchen
Germany
MULTI-TELEFON-MARKETING GMBH: Claims Period Ends February 5
-----------------------------------------------------------
Creditors of MTM MULTI-TELEFON-MARKETING GmbH have until
Feb. 5, 2008, to register their claims with court-appointed
insolvency manager Wolfgang Illig.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Feb. 20, 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 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:
Wolfgang Illig
Kriegerstr. 3
70191 Stuttgart
Germany
Tel: 0711/22 55 830
Fax: 0711/22 55 83 20
The District Court of Stuttgart opened bankruptcy proceedings
against MTM MULTI-TELEFON-MARKETING GmbH on Jan. 16, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
MTM MULTI-TELEFON-MARKETING GmbH
Attn: Carola Boehringer, Manager
Reinsburgstr. 82
70178 Stuttgart
Germany
ORGATECH REINARTZ: Claims Registration Ends February 10
-------------------------------------------------------
Creditors of OrgaTech Reinartz Verwaltungs GmbH have until
Feb. 10, 2008, to register their claims with court-appointed
insolvency manager Jana Dettmer.
Creditors and other interested parties are encouraged to attend
the meeting at 10:40 a.m. on April 4, 2008, 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 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:
Jana Dettmer
Weyerstrasse. 54
50676 Cologne
Germany
The District Court of Cologne opened bankruptcy proceedings
against OrgaTech Reinartz Verwaltungs GmbH on Jan. 7, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
OrgaTech Reinartz Verwaltungs GmbH
Bernhard-Letterhaus-Str. 4
50374 Erftstadt
Germany
Attn: Helmut Reinartz, Manager
Brechtstr. 12
50171 Kerpen
Germany
SLF SCHORNSTEIN: Claims Registration Period Ends February 3
-----------------------------------------------------------
Creditors of SLF Schornstein-, Lueftung- und Feuerungstechnik
GmbH have until Feb. 3, 2008, to register their claims with
court-appointed insolvency manager Joachim Klein II.
Creditors and other interested parties are encouraged to attend
the meeting at 9:35 a.m. on March 3, 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 Cologne
Meeting Hall 1240
12th 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:
Joachim Klein II
Hansaring 79 - 81
50670 Cologne
Germany
Tel: 9126770
Fax: +4922191267799
The District Court of Cologne opened bankruptcy proceedings
against SLF Schornstein-, Lueftung- und Feuerungstechnik GmbH on
Dec. 13, 2007. Consequently, all pending proceedings against
the company have been automatically stayed.
The Debtor can be reached at:
SLF Schornstein-, Lueftung- und Feuerungstechnik GmbH
Attn: Johann Burgwinkel, Manager
Industriestr. 156
50996 Cologne
Germany
SPORT LINK: Claims Registration Period Ends February 2
------------------------------------------------------
Creditors of Sport Link & Hoefler GmbH have until Feb. 2, 2008,
to register their claims with court-appointed insolvency manager
Rainer J. Peters.
Creditors and other interested parties are encouraged to attend
the meeting at 11:00 a.m. on Feb. 14, 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 Freiburg
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:
Rainer J. Peters
Bismarckstr. 4
79379 Muellheim
Germany
Tel: 07631/16877
Fax: 07631/16878
The District Court of Freiburg opened bankruptcy proceedings
against Sport Link & Hoefler GmbH on Dec. 27, 2007.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Sport Link & Hoefler GmbH
Attn: Gerd Link, Manager
Bundesstr. 19
79423 Heitersheim
Germany
TON-PLAN GMBH: Claims Registration Ends February 6
--------------------------------------------------
Creditors of TON-Plan GmbH have until Feb. 6, 2008, to register
their claims with court-appointed insolvency manager Ulrich
Hauter.
Creditors and other interested parties are encouraged to attend
the meeting at 3:00 p.m. on March 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 Muehlhausen
Room 91
Untermarkt 17
Muehlhausen
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:
Ulrich Hauter
Untermarkt 12
99974 Muehlhausen
Germany
The District Court of Muehlhausen opened bankruptcy proceedings
against TON-Plan GmbH on Nov. 27, 2007. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
TON-Plan GmbH
Attn: Detlef Franke, Manager
Dammig 19
37339 Teistungen
Germany
WICOMAT BETEILIGUNGS: Claims Registration Period Ends February 5
----------------------------------------------------------------
Creditors of Wicomat Beteiligungs-GmbH have until Feb. 5, 2008,
to register their claims with court-appointed insolvency manager
Dr. Wolfgang Bilgery.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on Feb. 21, 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 Pforzheim
Mannheimer Str. 17
75179 Pforzheim
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. Wolfgang Bilgery
Humboldtstr. 16
70178 Stuttgart
Germany
The District Court of Pforzheim opened bankruptcy proceedings
against Wicomat Beteiligungs-GmbH on Jan. 11, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Wicomat Beteiligungs-GmbH
Attn: Erwin A. Sauter, Manager
Pforzheimer Str. 95
75417 Muehlacker
Germany
=============
I R E L A N D
=============
RITCHIE IRELAND: Wants to Hike Borrowing by US$1.8MM to US$4.5MM
----------------------------------------------------------------
Ritchie Risk-Linked Strategies Trading (Ireland) Ltd. and
Ritchie Risk-linked Strategies Trading (Ireland) II Ltd. ask the
U.S. Bankruptcy Court for the Southern District of New York to
authorize an increase of postpetition financing by
US$1.8 million to US$4.5 million, Bill Rochelle of Bloomberg
News reports.
As reported in the Troubled Company Reporter on Sept. 18, 2007,
the Court authorized Ritchie Risk-Linked Strategies Trading
(Ireland) II Ltd. to obtain a US$2.7 million postpetition
financing from its affiliate, Ritchie Risk-Linked Strategies
Trading (Ireland) Ltd.
Mr. Rochelle relates that US$1.55 million will go to Coventry
First LLC as settlement over a dispute contesting ownership of
files containing information about more than 1,000 life
insurance policies the Debtors plan to sell.
In December 2007, the Debtors asked the Court to determine who
rightfully owns the files arguing that they cannot sell the
policies for an acceptable price without those files, the TCR
disclosed citing Bloomberg News. Coventry, the seller of the
policies, contended that it never sold the files to the Debtors.
In October 2007, the Court approved the procedures proposed by
the Debtors for the sale of those policies, which constitutes
all or substantially all of the Debtors' assets.
About Ritchie (Ireland)
Based in Dublin, Ireland, Ritchie Risk-Linked Strategies Trading
(Ireland) Ltd. and Ritchie Risk-Linked Strategies Trading
(Ireland) II Ltd. -- http://www.ritchiecapital.com/-- are
Dublin-based funds of hedge fund group Ritchie Capital
Management LLC. The Debtors were formed as special purpose
vehicles to invest in life insurance policies in the life
settlement market. The Debtors filed for Chapter 11 protection
on June 20, 2007 (Bankr. S.D.N.Y. Case Nos. 07-11906 and 07-
11907). Allison H. Weiss, Esq., David D. Cleary, Esq., and
Lewis S. Rosenbloom, Esq., at LeBoeuf, Lamb, Greene & MacRae,
LLP represent the Debtors in their restructuring efforts. No
Official Committee of Unsecured Creditors has been appointed to
date. When the Debtors filed for bankruptcy, they listed
estimated assets and debts of more than US$100 million. The
Debtors' exclusive period to file a Chapter 11 plan of
liquidation expires on April 15, 2008.
=========
I T A L Y
=========
ALITALIA SPA: AirOne SpA Taps Seabury Group to Boost Offer
---------------------------------------------------------
AirOne S.p.A. has tapped Seabury Group LLC to support its offer
to acquire the Italian government's 49.9% stake in Alitalia
S.p.A., Bloomberg News reports.
AirOne chairman Carlo Toto insisted in mid-January that it
presented more economical offer for Alitalia, noting that its
business plan for the national carrier is supported by "four
among the world's most important banks that are ready to
formalize their commitment immediately should a private
negotiation be initiated."
Alitalia and Italy have selected Air France-KLM SA's non-binding
offer over AirOne's.
As reported in the TCR-Europe on Jan. 17, 2007, Alitalia and
Italy have commenced exclusive sale talks with Air France-KLM.
The carriers have two months to reach an agreement, which would
be approved by the government.
Tommaso Padoa Schioppa, Italy's finance minister, has delivered
a letter to Alitalia S.p.A. approving the commencement of
exclusive talks with Air France-KLM.
In its non-binding offer, Air France plans to:
-- acquire 100% of the shares of Alitalia through an
exchange offer;
-- acquire 100% of Alitalia convertible bonds; and
-- immediately inject at least EUR750 million into
Alitalia through a capital increase, that will be open to
all shareholders and be fully underwritten by Air France.
Air France CEO Jean-Cyril Spinetta confirmed plans to cut 1,700
jobs and defended plans to downsize Alitalia's operations in
Milan's Malpensa airport.
Mr. Spinetta also revealed that should the French carrier
acquire 100% of Alitalia shares, Air France would list itself in
the Milan bourse.
Mr. Schioppa will represent the Italian government during sale
talks and will evaluate whether to sell to the state's majority
stake in Alitalia, Agenzia Giornalistica Italia says.
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.
ARES FINANCE 2: S&P Affirms Class E Notes at BB
-----------------------------------------------
Standard & Poor's Ratings Services has removed from CreditWatch
with positive implications and raised the credit rating on the
class D notes issued by ARES FINANCE 2 S.A. At the same time,
the rating on the class E notes was affirmed.
The notes issued by ARES 2 are backed by a pool of secured and
unsecured nonperforming loans originated in Italy by Banca
Nazionale del Lavoro SpA (AA-/Positive/A-1+). The servicer in
the transaction is Societ. Gestione Crediti SpA, and the
portfolio advisor is Archon Group Italia S.r.l., ranked by
Standard & Poor's as "ABOVE AVERAGE".
The raising of the rating on the class D notes reflects the de-
leveraging of the transaction, the amount of cash awaiting
distribution from courts and prospects of further recoveries on
the residual portfolio.
As of Dec. 31, 2008, cash awaiting distribution from the courts
was approximately EUR41 million. A further EUR6.1 million in
cash is expected from the accepted negotiated resolution.
Distribution from the courts in Italy takes on average one year
for foreclosures, and 18 months for bankruptcy proceedings.
The residual unresolved gross book value stands at
EUR646 million, split across 2369 loans with 1803 borrowers.
Cumulative net collections for the transaction remain below the
servicer's and Standard & Poor's base-case scenario level, at
EUR604 million. Although slower than expected, collections have
been slightly ahead of expectations in terms of profitability,
which has gradually improved.
The underlying portfolio continues to advance through the legal
stages of the resolution process. At the end of the latest
reporting period, 8.3% of nonbankrupt and 16.6% of bankrupt
unresolved positions were in the post-CTU phase.
On the back of the ongoing resolution of the underlying
portfolio, net collections are gradually decreasing. Average
net collections in the past 12 months have been approximately
EUR37 million, about 20% lower than was recorded in the one-year
period ending December 2006.
S&P's review of the ratings was made solely on the basis of the
information contained in the investor reports and the initial
information received at closing. No updated business plans for
recoveries were provided. In this kind of transaction, S&P
would normally expect to receive and be able to rely on this
kind of information. Despite this lack of transparency, the
review of the residual portfolio and the ongoing de-leveraging
of the transaction was enough to justify the rating action
taken.
Ratings List
ARES FINANCE 2 S.A.
EUR684.9 Million Asset-Backed Floating-Rate Notes
Rating
------
Class To From
----- -- ----
D A A-/Watch Pos
Rating Affirmed
Class Rating
----- ------
E BB
ARES FINANCE SRL: S&P Rates Class F Notes at BB
-----------------------------------------------
Standard & Poor's Ratings Services has removed from CreditWatch
with positive implications and raised its credit rating on the
class D notes issued by ARES FINANCE S.r.l. At the same time,
the rating on the class E notes was removed from CreditWatch
positive and affirmed, and the class F notes were affirmed.
The notes are backed by a pool of secured and unsecured
nonperforming loans originated in Italy by Banca Nazionale del
Lavoro SpA (AA-/Positive/A-1+). The servicer in the transaction
is Societa Gestione Crediti SpA, and the portfolio advisor is
Archon Group Italia S.r.l., ranked by Standard & Poor's as
"ABOVE AVERAGE".
The raising of the rating on the class D notes reflects the de-
leveraging of the transactions, the cash already collected in
the first three months of the last collection period, the amount
of cash awaiting distribution from courts, and the prospects of
further recoveries on the residual portfolio.
As of the Dec. 30, 2007, cash awaiting distribution from the
courts was approximately EUR53 million. A further EUR0.6 million
in cash is expected from accepted negotiated resolutions. On
average, distribution from the courts in Italy takes one year
for foreclosures, and 18 months for bankruptcy proceedings.
EUR24.6 million has been collected in the first half of the
current semiannual collection period and will be distributed on
the next interest payment date.
The residual unresolved gross book value stands at
EUR909 million, split across 4,284 loans with 2,049 borrowers.
As of the latest interest payment date, cumulative net
collections for the transaction remain below the servicer's and
Standard & Poor's base-case scenario level, at EUR549 million.
Although slower than expected, collections have been well ahead
of expectations in terms of profitability.
The underlying portfolio continues to advance through the legal
stages of the resolution process. However, despite the gradual
resolution of the underlying portfolio, net collections continue
to come through steadily. The average net collections in the
past 12 months has been approximately EUR50 million, only 4%
lower than was recorded in the one-year period ending in
September 2006. Collections in the first half of the current
collection period confirm this trend.
Performance data on collections and profitability shows an
increasing reliance of the servicer during the court resolution
process. This is consistent with the fact that the portfolio is
now in a more advanced state of the work-out process.
S&P's review of the ratings was made solely on the basis of the
information contained in the investor reports and the initial
information received at closing. No updated business plans for
recoveries were provided. In this kind of transaction, we would
normally expect to receive and be able to rely on this kind of
information. Despite this lack of transparency, the review of
the residual portfolio and the ongoing de-leveraging of the
transaction was enough to justify the rating action taken.
The 'AAA' rated class C notes are unaffected by these rating
actions.
Ratings List
ARES FINANCE S.r.l.
EUR633.20 Million Asset-Backed Floating-Rate Notes
Rating
------
Class To From
----- -- ----
D A- BBB+/Watch Pos
Rating Removed From CreditWatch Positive And Affirmed
Rating
------
Class To From
----- -- ----
E BBB- BBB-/Watch Pos
Rating Affirmed
Class Rating
----- ------
F BB
FIAT SPA: Improved Performance Cues Moody's to Keep Ba1 Ratings
---------------------------------------------------------------
Moody's Investors Service affirmed Fiat SpA's Ba1 Corporate
Family Rating, and the group's other long-term senior unsecured
ratings. At the same time, the positive outlook was maintained.
The short term Not Prime rating remains unchanged.
"In 2007 Fiat continued on its successful path towards a
sustainable recovery of its financial profile mainly driven by
further operating improvements at Fiat Group Automobiles but
also higher contributions from all other industrial businesses
in particular Iveco and CNH", Falk Frey, Senior Vice President
and the lead analyst at Moody's for the European automotive
sector, said. "This strong performance of Fiat is very much in
line with Moody's expectations of late August when we changed
our outlook to positive on the rating".
"Moody's believes that 2008 might be more challenging for Fiat,
as a weakness in the overall economy and the strengthening
competitive landscape could slow down the strong growth observed
in the last few years. Should Fiat be able to sustain its
market share performance achieved in Europe last year also
during 2008 while at least consolidating the level of operating
profitability reached in 2007, the ratings could be upgraded to
investment grade over the next 6 to 12 months," Frey went on to
say.
Moody's says that the positive outlook is based on the
expectation that Fiat is well positioned to sustain the current
momentum, benefiting from:
(i) the strong demand of the Fiat 500 launched in third
quarter 2007;
(ii) a gradual overhaul of its Alfa Romeo and Lancia models;
(iii) an ongoing improvement of Fiat Group Automobiles' dealer
network; as well as
(iv) ongoing efficiency gains.
Moody's nonetheless notes that company's performance may no
longer be aided by the favorable 2007 environment, notably in
the company's core markets, but that the heavy restructuring
engaged by the company in the past years should mitigate this
possible headwind.
As Moody's outlined in its last press release dated Aug. 22,
2007, the possibility of another positive rating change as
indicated by the positive outlook would be mainly dependent on
Fiat's ability to demonstrate the robustness of its current
business model in a more challenging market environment in 2008.
Among those challenges are Fiat's ability:
(i) to maintain positive market share trend in Western Europe
and Latin America, Fiat's principal markets and
&nb