T R O U B L E D C O M P A N Y R E P O R T E R
E U R O P E
Tuesday, March 4, 2008, Vol. 9, No. 45
Headlines
A U S T R I A
AIR KERALA: Claims Registration Period Ends March 25
AYDO TRADING: Claims Registration Period Ends April 8
EHMANN + SALLMUTTER: Claims Registration Period Ends March 31
ELEKTRO-PROFI: Claims Registration Period Ends March 17
PADMA GROUP: Claims Registration Period Ends March 17
SCIENTIFIC GAMES: Earns US$16.4 Million in Fourth Quarter 2007
WUS METALLBAU: Claims Registration Period Ends March 10
B E L G I U M
CHIQUITA BRANDS: To Hold Annual Shareholders' Meeting on May 22
SOLUTIA EUROPE: S&P Lifts and Then Withdraws Ratings
SOLUTIA INC: Can Pay DTE US$773,364 to Cure PrePetition Default
SOLUTIA INC: Moody's Assigns B2 Rating on US$400 Mln Facility
F I N L A N D
FREESTAR TECH: Posts US$4.5 Mil. Net Loss in Qtr. Ended Dec. 31
F R A N C E
ENERSYS INC: Holders Agree to Sell 5 Mln Shares to Goldman Sachs
PERNOD RICARD: To Reopen Braeval Distillery in July 2008
G E R M A N Y
ALM GMBH: Creditors' Meeting Slated for March 14
DEMAPA VERWALTUNGS: Claims Registration Ends March 20
E & S SIEBRAND: Claims Registration Ends March 20
EM BAU: Claims Registration Period Ends March 20
FROM GMBH: Claims Registration Period Ends March 19
H & S SPEDITION: Claims Registration Period Ends March 25
HANSEN-BAU GMBH: Claims Registration Period Ends March 19
HKB TRAUMHAUS: Claims Registration Period Ends March 26
HOHEISEL & BENNER: Claims Registration Period Ends March 26
INIT NETWORKS: Claims Registration Ends March 20
KAYA HEIMBAU: Claims Registration Period Ends March 25
KDV GMBH: Claims Registration Period Ends March 26
LIMIT GMBH: Claims Registration Period Ends March 10
MOLKEREI MIEHE: Claims Registration Period Ends March 20
METALLBAU MEHLICH: Claims Registration Period Ends March 26
METALLVERARBEITUNG WEIHERHAMMER: Claims Filing Ends March 26
MOECKEL FEUERUNGSTECHNIK: Claims Registration Ends March 25
NICK NAME: Claims Registration Period Ends March 25
NORBERT BRANDT: Creditors' Meeting Slated for March 20
SCHULDNERIN BIOCONNECT: Claims Registration Ends March 24
VICTORIA HAUSHALTSMASCHINEN: Claims Period Ends March 10
H U N G A R Y
PROPEX INC: Section 341(a) Creditors' Meeting Set for March 11
PROPEX INC: Wants Court Nod on Sale Process of Dalton Property
I R E L A N D
BALLANTYNE RE: Fitch Holds Ratings on US$300 Million Notes
COLTRANE CLO: Fitch Cuts Ratings to "CC" on 4 Classes of Notes
WELLMAN INC: Organizational Meeting Scheduled for March 10
WELLMAN INC: Wants to Employ Lazard Freres as Financial Advisor
I T A L Y
ALITALIA SPA: Hikes Net Debt to EUR1.28 Billion in January 2008
ALITALIA SPA: Air France-KLM to Offer for Part of AZ Servizi
MILACRON INC: Dec. 31 Balance Sheet Upside-Down by US$51.1 Mil.
K A Z A K H S T A N
ARMA INVESTMENT: Creditors Must File Claims by April 4
KOKJAR LLP: Claims Deadline Slated for April 4
LEKO-KAZAKHSTAN LLP: Claims Filing Period Ends April 1
PAVLODARSKAYA PROMYVOCHNO: Creditors' Claims Due on April 4
SAEZ-MARKET LLP: Claims Registration Ends March 28
SK SOVREMENNY: Creditors Must File Claims by March 28
STROYTRANS-ASIA LLP: Claims Deadline Slated for April 4
K Y R G Y Z S T A N
KELECHEK PAHTA: Creditors Must File Claims by March 28
PANFILOVSKAYA TSENTRALNAYA: Claims Filing Period Ends April 1
L U X E M B O U R G
AMERICAN AXLE: Union Members Rally to Preserve Well-Paying Jobs
N E T H E R L A N D S
BIOMET INC: Taps Jon Serbousek as President for Orthopedics Unit
X5 RETAIL: Names Marina Yanina as Government Relations VP
P O R T U G A L
MYLAN INC: J. Dore' Joins as Matrix Labs CEO & Managing Director
R U S S I A
ALLIANCE-3 LLC: Creditors Must File Claims by April 16
BAYKAL LLC: Creditors Must File Claims by March 16
BUILDER OJSC: Court Names K. Garkanov as Insolvency Manager
EVROFINANCE MOSNARBANK: Fitch Holds Ratings with Stable Outlook
EXPOBANK: Moody's Puts B3 Deposit Ratings Under Review
ISAKLINSKAYA OJSC: Court Names E. Kasatkin as Insolvency Manager
PSB FINANCE: Fitch Rates US$100 Million 12.5% Notes at B-
RUS’ LLC: Creditors Must File Claims by April 16
SARATOV-AGRO-PROM-ENERGO: Creditors Must File Claims by April 16
STAROKULATKINSK-AGRO-TEKH-SNAB: Claims Filing Set March 16
X5 RETAIL: Names Marina Yanina as Government Relations VP
S W I T Z E R L A N D
BAR VENEZIA: Creditors' Liquidation Claims Due by March 10
DORFZENTRUM WILEN: Creditors' Liquidation Claims Due by March 31
DRIESSEN SERVICES: Creditors' Liquidation Claims Due by March 25
FC FASHION: Creditors' Liquidation Claims Due by March 28
HI HANDELS: Creditors' Liquidation Claims Due by March 10
INCONSULT MANAGEMENT: Zug Court Starts Bankruptcy Proceedings
NP LLC: Zug Court Starts Bankruptcy Proceedings
ST. GALLER: Creditors' Liquidation Claims Due by March 11
TERRA DIGITAL: Creditors' Liquidation Claims Due by March 18
U K R A I N E
AVIKTON 77: Creditors Must File Claims by March 13
CATRAN-MANAGEMENT LLC: Creditors Must File Claims by March 13
ENTERPRISE GOSPODAR: Creditors Must File Claims by March 13
LOGISTIC GROUP: Creditors Must File Claims by March 13
U N I T E D K I N G D O M
BAA LTD: Investors Eye Company's Scottish Airports
CHRYSLER LLC: Idles Plant in Ontario Due to TRW's Workers Strike
CONSTELLATION BRANDS: Completes US$134 Mln Sale of Wine Brands
DARCY INDUSTRIES: Brings In Liquidators from KPMG
GMAC (U.K.): Fitch Holds Short-Term Issuer Default Rating at B
INTELSAT LTD: ViewAfrica Extends Contract to Up Channel Offering
MCGRATH PLANT: Appoints Begbies Traynor as Administrators
MYATT MUSIC: Brings In Administrators from Vantis
NEMUS II: Fitch Holds Rating on GBP1.13 Million Class F Notes
NORTHERN ROCK: David Baker Set to Retire in May 2
SOUTH MIDLANDS: Taps Liquidators from Grant Thornton
TOTAL MORTGAGE: Calls In Liquidators from KPMG
WILLIAM COCHRANE: Taps Joint Administrators from Begbies Traynor
* Large Companies with Insolvent Balance Sheet
*********
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A U S T R I A
=============
AIR KERALA: Claims Registration Period Ends March 25
----------------------------------------------------
Creditors owed money by LLC Air Kerala (FN 209842t) have until
March 25, 2008, to file written proofs of claim to court-
appointed estate administrator Alexander Illedits at:
Dr. Alexander Illedits
Gonzagagasse 14
1010 Vienna
Austria
Tel: 533 77 04
Fax: 533 77 05
E-mail: office@law-wire.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:30 a.m. on April 8, 2008, for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1606
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Feb. 12, 2008 (Bankr. Case No. 4 S 18/08m).
AYDO TRADING: Claims Registration Period Ends April 8
-----------------------------------------------------
Creditors owed money by LLC AyDo Trading (FN 272549h) have until
April 8, 2008, to file written proofs of claim to court-
appointed estate administrator Hubert Just at:
Dr. Hubert Just
c/o Dr. Erich Bernoegger
Hauptplatz 7
4560 Kirchdorf/Krems
Austria
Tel: 07582/62 0 74
E-mail: kanzlei@hubertjust.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 2:45 p.m. on April 22, 2008, for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Steyr
Hall 7
Second Floor
Steyr
Austria
Headquartered in Wartberg an der Krems, Austria, the Debtor
declared bankruptcy on Feb. 12, 2008 (Bankr. Case No. 14 S
15/08s). Erich Bernoegger represents Dr. Just in the
bankruptcy proceedings.
EHMANN + SALLMUTTER: Claims Registration Period Ends March 31
-------------------------------------------------------------
Creditors owed money by LLC Ehmann + Sallmutter (FN 211070y)
have until March 31, 2008, to file written proofs of claim to
court-appointed estate administrator Regina Schedlberger at:
Dr. Regina Schedlberger
Andritzer Reichsstrasse 42
8045 Graz
Austria
Tel: 0316/69 51 00
Fax: 0316/69 51 00-9
E-mail: regina.schedlberger@chello.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on April 15, 2008, for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Graz
Hall K
Room 205
Second Floor
Graz
Austria
Headquartered in Graz, Austria, the Debtor declared bankruptcy
on Feb. 12, 2008 (Bankr. Case No. 40 S 9/08h).
ELEKTRO-PROFI: Claims Registration Period Ends March 17
-------------------------------------------------------
Creditors owed money by LLC Elektro-Profi (FN 141570t) have
until March 17, 2008, to file written proofs of claim to court-
appointed estate administrator Thomas Humer at:
Dr. Thomas Humer
Ringstrasse 4
4600 Wels
Austria
Tel: 07242/47240
Fax: 07242/68650
E-mail: office@hofer-humer.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 11:00 a.m. on March 27, 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 Marchtrenk, Austria, the Debtor declared
bankruptcy on Feb. 12, 2008 (Bankr. Case No. 20 S 14/08x).
PADMA GROUP: Claims Registration Period Ends March 17
-----------------------------------------------------
Creditors owed money by LLC padma group & textiles (FN 279516d)
have until March 17, 2008, to file written proofs of claim to
court-appointed estate administrator Peter Heigenhauser at:
Dr. Peter Heigenhauser
Wiesinger Strasse 3
4820 Bad Ischl
Austria
Tel: 06132/25581
Fax: 06132/25581-5
E-mail: dr.peter.heigenhauser@aon.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:40 a.m. on March 27, 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 Bad Ischl, Austria, the Debtor declared
bankruptcy on Feb. 12, 2008 (Bankr. Case No. 20 S 13/08z).
SCIENTIFIC GAMES: Earns US$16.4 Million in Fourth Quarter 2007
--------------------------------------------------------------
Scientific Games Corporation reported fourth quarter 2007
revenues of US$268 million, up 15 percent from US$232.1 million
in the fourth quarter of 2006. Net income was US$16.4 million
up from net income of US$7.9 million in the fourth quarter of
2006. Non-GAAP adjusted net income excluding a net loss from
the start-up in Mexico, Peru lottery disposal costs, employee
termination costs, the reversal of purchase accounting reserves
and stock compensation expense, was US$25.5 million compared to
non-GAAP adjusted net income of US$24 million in the fourth
quarter of 2006.
EBITDA for the fourth quarter of 2007 was US$73.7 million, up 53
percent from US$48.3 million in the fourth quarter of 2006.
Adjusted EBITDA increased 29 percent to US$84.6 million for the
fourth quarter of 2007, compared to adjusted EBITDA of US$65.7
million for the fourth quarter of 2006.
During the quarter ended Dec. 31, 2007, the company reported a
net loss of US$2.8 million from its Mexican operations, a
benefit of US$3.9 million from the reversal of purchase
accounting reserves and US$6.9 million in charges for stock
compensation costs. In addition, following the rationalization
of its global Printed Products Group operations in Germany and
Peru in the third quarter 2007, the company reported additional
disposal costs and asset impairment charges of US$3 million in
the fourth quarter, and employee termination costs of US$3.6
million.
For the full year ended Dec. 31, 2007, revenues were US$1,046.7
million, compared to US$897.2 million for the full year ended
Dec. 31, 2006, an increase of 17 percent. Net income was
US$65.4 million compared to US$66.8 million in 2006. Non-GAAP
adjusted net income, excluding a net loss from the company's
Mexican operations, Peru lottery disposal costs, employee
termination costs, the reversal of purchase accounting reserves,
asset impairment charges and stock compensation expense, was
US$111 million compared to non-GAAP adjusted net income of
US$98.8 million for the full year ended Dec. 31, 2006.
For the full year ended Dec. 31, 2007, EBITDA increased 28
percent to US$307.5 million, compared to US$239.5 million in
2006. Adjusted EBITDA increased 25 percent to US$340.6 million,
compared to US$273 million in 2006.
Printed Products
Printed Products Group revenue increased by 17 percent overall
to US$137.7 million in the fourth quarter of 2007. Printed
Product service revenue for the quarter of 2007 was US$127.5
million, 23 percent ahead of the fourth quarter of 2006.
Excluding the impact of licensed products, the re-pricing of the
Pennsylvania cooperative services program contract and revenues
from Oberthur Gaming Technologies (OGT) of US$24.6 million,
"same store" sales growth in the quarter was just under 8%.
International instant ticket sales, especially in the United
Kingdom and Italy, were particularly strong. Licensed product
sales, which tend to exhibit far more quarter-to-quarter
volatility than core instant tickets sales, declined by US$5.6
million in the fourth quarter of 2007 due primarily to the
seasonality of some brands in the fourth quarter 2006.
Conversely, the company believes that 2008 promises to be a very
strong year for licensed products in general with nearly a 50
percent increase in the total number of licensed games,
including Major League Baseball(R), Deal or No Deal(TM) and the
World Poker Tour(R) games in particular.
Overall margins in the Printed Products Group declined from 45
percent in the fourth quarter of 2006 to 39 percent in the
fourth quarter of 2007. However, if the impact of both OGT and
phone cards is eliminated from revenue and gross margin, then
the resulting overall gross margin for the quarter was 45
percent. As of the end of the fourth quarter of 2007, OGT's
annualized San Antonio production of 4.5 billion tickets had
been relocated to Alpharetta, Georgia, a consolidation that is
expected to yield improved margins throughout 2008.
Rationalization of Printed Products operations in Germany and
Peru, which was initiated in the third quarter of 2007, is
expected to further improve margins in 2008. In the third
quarter the company recorded a depreciation and amortization
charge of US$26.1 million related to asset write-downs in these
operations and in the fourth quarter the company recorded an
additional charge of US$6.6 million for associated shutdown and
employee termination expenses. Overall, the rationalization of
the German and Peru operations negatively impacted 2007 earnings
per share by approximately US$0.25, most of which was non-cash.
After the close of the fourth quarter, the company announced two
important agreements involving the China Sports Lottery.
Scientific Games will design, install and operate a national
instant ticket network comprising a central monitoring and
control system, a national call center, and 90,000 validation
terminals, for which it will be paid on the basis of a
percentage of retail sales. Sales are expected to begin during
the first quarter of 2008 in four of the wealthiest provinces in
China. In one of these provinces, Shandong, the company will be
providing traditional "cooperative services" support through a
joint-venture partnership. The company also is working with
China Sports Lottery Printing, Ltd. to establish a state-of-the-
art instant ticket production facility in China that is expected
to supply tickets to all 30 Sports Lottery operations in China.
Additionally, in connection with the company's activities in
China, the company has broadened its relationship with
REXCAPITAL Financial Holdings Limited, its partner in the Guard
Libang joint venture that services the China Welfare Lottery, to
include a strategic alliance to pursue other gaming and lottery
related opportunities in China.
Management intends to discuss the range of activities in China
in considerable detail during tomorrow's conference call.
Lottery Systems Group
Lottery Systems revenue and gross margins for the fourth quarter
increased by 21 percent and 31 percent, respectively, year over
year, with the largest increase coming in the international
market. Lottery Systems international revenue increased by 41
percent to US$30.5 million in the fourth quarter of 2007. A sale
of terminals to Golden Casket in Australia was an important
contributor to international revenue growth. Overall Lottery
Systems margins improved from 43 percent in 2006 to 47 percent
in 2007.
Notwithstanding these improvements, the Televisa Mexican lottery
contract continued to be a significant drag on earnings in 2007.
The fourth quarter and full year impacts on the company were
approximately US$0.03 and US$0.10, respectively, in earnings per
share, including an allocation of interest expense. As the
company has previously indicated, it believes that the launch of
instant tickets is the key to the eventual turnaround of this
venture. At the present time, the company has begun to see
meaningful progress in this regard and is cautiously optimistic
that there will be a launch of instant tickets in the second
half of 2008.
Diversified Gaming
As previously disclosed at the end of the third quarter, the
change in gaming regulations that were introduced in Great
Britain in September 2007 continued to have a very positive
impact on Global Draw in the fourth quarter, and this has
carried over into the first quarter of 2008. Global Draw's
"same store" sales were up 17% in the fourth quarter of 2007
versus 2006; in January of this year, Global Draw's average
gross win per shop and per terminal were up 40 percent and 20
percent respectively over January 2007. On the strength of this
performance, Global Draw was awarded a contract by William Hill
PLC to supply a minimum of 548 betting shops with approximately
2,100 new state-of-the-art dual screen Nevada(TM) terminals,
which are specifically designed to allow both the legacy B2
and newly introduced B3 games on all terminals. The terminals
are being installed during the first quarter of 2008 and should
be 100% operational by the beginning of the second quarter.
Also during the fourth quarter, Global Draw expanded importantly
outside of the U.K. by signing a contract to supply 1,500 multi-
game server-based gaming terminals to Corporacion Interamericana
de Entretenimiento in Mexico. Given the very high fixed cost
nature of this business, the company expects that these
additional 3,600 terminals will have very high levels of
marginal profitability.
Games Media has announced agreements to supply an integrated
digital gaming and entertainment solution for commercial
distribution with six of the largest public house retailers in
the U.K. -- Enterprise Inns, Spirit Group, Orchid Group, Admiral
Taverns, Greene King and Marston's -- which together control
approximately 16,000 venues representing approximately 30
percent of the total U.K. pub market. Installations took place
during October and November 2007 in a total of 63 pub retail
outlets, incorporating 275 machines, including gaming and
entertainment terminals and digital juke boxes. Performance
from all products was in line with management's expectations and
ahead of comparable competitive offers, and the company is
confident that as it continues to hit target performance levels,
the base of machines will continue to expand.
Racing-related revenues and gross margin declined slightly in
the fourth quarter, reflecting the continued secular decline in
racetrack-based attendance and wagering handle. Several
important developmental opportunities were completed during the
fourth quarter, suggesting that expansion via non-traditional
products, markets and distribution channels has the potential to
reverse the recent revenue trend. During the fourth quarter the
company was awarded a racebook contract by the Oneida Bingo &
Casino in Wisconsin, a contract to provide an internet wagering
platform and an interactive voice response telephone wagering
system for New Jersey Account Wagering LLC and a tote/keno
agreement with Loteria Electronica Internacional Dominicana,
S.A. throughout the Dominican Republic. In addition, the
company was awarded its first contract in Brazil by Comtech
Telecommunications Corp. calling initially for three upscale
off-track wagering facilities growing potentially to 30 sites by
2009, and potentially to include sports betting as well.
Convertible Debentures
A market price event did not occur for the quarter ended Dec.
31, 2007, and accordingly, the Convertible Debentures are not
convertible during the current quarter ending March 31, 2008.
During the fourth quarter of 2007, the average price of the
company's common stock exceeded the specified conversion price
of US$29.10 of the Convertible Debentures. Because of this,
1,506,960 shares of common stock underlying the Convertible
Debentures have been included in the weighted average number of
diluted shares for the fourth quarter of 2007. For the full
year 2007, the company has included 1,357,207 shares of common
stock in its weighted average number of diluted shares.
Although the company purchased a hedge in December 2004 to
mitigate the potential dilution from the conversion of the
Convertible Debenture, the company is precluded from reflecting
this hedge in the GAAP weighted average number of diluted shares
because the effect would be anti-dilutive. However, to the
extent the Convertible Debentures are converted during the term
of the hedge, the diluted share amount will decrease because the
hedge will offset the dilution from conversion of the
Convertible Debentures.
About Scientific Games
Headquartered in New York City, Scientific Games Corporation
(Nasdaq: SGMS) - http://www.scientificgames.com/-- is an
integrated supplier of instant tickets, systems and services to
lotteries worldwide. The company is a supplier of fixed odds
betting terminals and systems, amusement and skill with prize
betting terminals, interactive sports betting terminals and
systems, and wagering systems and services to pari-mutuel
operators. It is also a licensed pari-mutuel gaming operator in
Connecticut, Maine and the Netherlands and is a supplier of
prepaid phone cards to telephone companies. Scientific Games'
customers are in the United States and more than 60 other
countries. The company has additional productions and operating
facilities located in Austria, Brazil, Peru, Mexico and the
United Kingdom.
* * *
On Jan. 4, 2007, Moody's Investor Services assigned a Ba1 rating
to Scientific Games Corp.'s term loan and affirmed its Ba2
Corporate Family Rating. Moody's said the rating outlook is
stable.
WUS METALLBAU: Claims Registration Period Ends March 10
-------------------------------------------------------
Creditors owed money by LLC Wus Metallbau, Fassadenbau und
Schmiede (FN 262264h) have until March 10, 2008, to file written
proofs of claim to court-appointed estate administrator Axel
Reckenzaun at:
Dr. Axel Reckenzaun
Annenstrasse 10/1
8020 Graz
Austria
Tel: 0316/713353
Fax: 0316/713353-30
E-mail: office@boehm-reckenzaun.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 3:40 p.m. on March 27, 2008, for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Graz
Room 230
Hall L
Graz
Austria
Headquartered in Graz, Austria, the Debtor declared bankruptcy
on Feb. 12, 2008 (Bankr. Case No. 25 S 15/08f).
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B E L G I U M
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CHIQUITA BRANDS: To Hold Annual Shareholders' Meeting on May 22
---------------------------------------------------------------
Chiquita Brands International Inc. will hold its Annual Meeting
of Shareholders on May 22, 2008, at the Hilton Cincinnati
Netherland Plaza. The record date for determining shareholders
entitled to vote at the meeting will be April 1, 2008. The
company will mail to shareholders of record in mid-April a
notice of the meeting and related proxy materials.
Cincinnati, Ohio-based Chiquita Brands International, Inc.
(NYSE: CQB) -- http://www.chiquita.com/-- markets and
distributes fresh food products including bananas and nutritious
blends of green salads. The company markets its products under
the Chiquita(R) and Fresh Express(R) premium brands and other
related trademarks. Chiquita employs approximately 25,000
people operating in more than 70 countries worldwide, including
Belgium, Columbia, Germany, Panama, Philippines, among others.
* * *
Chiquita Brands International Inc. continues to carry Moody's
Investors Service's B3 long term corporate family and Caa2
senior unsecured debt ratings which were placed on Nov. 6, 2006.
The outlook is negative.
SOLUTIA EUROPE: S&P Lifts and Then Withdraws Ratings
----------------------------------------------------
Standard & Poor's Ratings Services raised its long-term
corporate credit rating on Belgium-based specialty chemicals
group Solutia Europe S.A./N.V. to 'B+' from 'B'. The rating has
been equalized with that of parent company Solutia Inc.
(Solutia; B+/Stable/NR) following Solutia's successful emergence
from Chapter 11 bankruptcy.
At the same time, all ratings, including the 'B' short-term
corporate credit rating, were removed from CreditWatch, where
they were originally placed on Dec. 4, 2007. The outlook is
stable. The ratings on SESA were subsequently withdrawn at the
company's request.
"Concerns that the bankruptcy could have a negative impact on
the financial risk profile of SESA have been resolved by Solutia
Inc.'s successful emergence from Chapter 11," said Standard &
Poor's credit analyst Sophia Dedemadis.
Solutia Inc. was able to reach an agreement with lead arrangers
of the bank syndicate providing the exit financing, who at one
stage had sought to cancel their obligations, to provide
Solutia's credit facilities, citing that an adverse change in
the credit markets had impaired their ability to syndicate. As
part of the exit financing package, the EUR160 million senior
secured loan issued by subsidiary Solutia Services International
SCA was paid out and cancelled.
SOLUTIA INC: Can Pay DTE US$773,364 to Cure PrePetition Default
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
approved the stipulation between Solutia Inc., and Detroit
Edison Company, doing business as DTE Energy.
As previously reported, Solutia Inc. and DTE are parties to:
-- an energy purchase agreement for the sale and supply of
electric power, as amended;
-- a general service water agreement; and
-- an amended and restated steam services agreement.
Solutia wanted to assume the DTE Contracts with a proposed
cure amount of US$327,917. DTE objected to Solutia's assumption
of the contracts and asserted that US$773,364 was the
prepetition amount due and owing by Solutia under the DTE
contracts.
The parties have agreed that Solutia will pay US$773,364 to cure
any and all remaining prepetition defaults under the DTE
contracts. Upon approval from the Court of the Stipulation,
DTE's objection will be deemed withdrawn, with prejudice,
without any further action from the parties.
About Solutia Inc.
Based in St. Louis, Missouri, Solutia Inc. (OTCBB:SOLUQ) --
http://www.solutia.com/-- and its subsidiaries, engage in the
manufacture and sale of chemical-based materials, which are used
in consumer and industrial applications worldwide. Solutia
has operations in Malaysia, China, Singapore, Belgium, and
Colombia.
The company and 15 debtor-affiliates filed for chapter 11
protection on Dec. 17, 2003 (Bankr. S.D.N.Y. Case No. 03-17949).
When the Debtors filed for protection from their creditors, they
listed US$2,854,000,000 in assets and US$3,223,000,000 in debts.
Solutia is represented by Richard M. Cieri, Esq., Jonathan S.
Henes, Esq., and Michael A. Cohen, Esq., at Kirkland & Ellis
LLP, in New York, as lead bankruptcy counsel, and David A.
Warfield, Esq., and Laura Toledo, Esq., at Blackwell Sanders
LLP, in St. Louis Missouri, as special counsel. Trumbull Group
LLC is the Debtor's claims and noticing agent. Daniel H.
Golden, Esq., Ira S. Dizengoff, Esq., and Russel J. Reid, Esq.,
at Akin Gump Strauss Hauer & Feld LLP represent the Official
Committee of Unsecured Creditors, and Derron S. Slonecker at
Houlihan Lokey Howard & Zukin Capital provides the Creditors'
Committee with financial advice. The Official Committee of
Retirees of Solutia, Inc., et al., is represented by Daniel D.
Doyle, Esq., Nicholas A. Franke, Esq., and David M. Brown, Esq.,
at Spencer Fane Britt & Browne, LLP, in St. Louis, Missouri, and
Frank M. Young, Esq., Thomas E. Reynolds, Esq., R. Scott
Williams, Esq., at Haskell Slaughter Young & Rediker, LLC, in
Birmingham, Alabama.
On Feb. 14, 2006, the Debtors filed their Reorganization Plan &
Disclosure Statement. On May 15, 2007, they filed an Amended
Reorganization Plan and on July 9, 2007, filed a 2nd Amended
Reorganization Plan. The Bankruptcy Court approved the Debtors'
amended Disclosure Statement on Oct. 19, 2007. On Oct. 22,
2007, the Debtor re-filed a Consensual Plan & Disclosure
Statement and on Nov. 29, 2007, the Court confirmed the Debtors'
Consensual Plan. (Solutia Bankruptcy News, Issue No. 118;
Bankruptcy Creditors' Service, Inc.,
http://bankrupt.com/newsstand/or 215/945-7000).
SOLUTIA INC: Moody's Assigns B2 Rating on US$400 Mln Facility
-------------------------------------------------------------
Moody's Investors Service assigned a B2 rating to a US$400
million, unsecured bridge facility of Solutia Inc., a company
headquartered in St. Louis, Missouri.
Moody's also affirmed Soultia's existing ratings and withdrew
its rating on a proposed senior unsecured note that will be
replaced by the bridge facility. The ratings outlook is stable.
The ratings assigned are subject to a complete review by Moody's
of the credit facility, term loan and senior note documents and
are also subject to the transactions being closed in a manner
and with terms that are substantially identical to those that
have been shared with Moody's.
Issuer: Solutia Inc.
Assignments:
-- Senior Unsecured Bridge Facility, B2 (LGD5, 70%)
Ratings Affirmed:
-- Corporate Family Rating, B1
-- Probability of Default Rating, B1
-- Speculative Grade Liquidity Rating, SGL-3
-- Senior Secured Bank Credit Facility, Ba1 (LGD2, 16%)
-- Senior Secured Bank Term Loan, B1 (LGD4, 54%)
Ratings Withdrawn:
-- Senior Unsecured Note, B2 (LGD4, 69%)
The B1 corporate family rating reflects the company's initially
high leverage and weak credit metrics along with the material
uncertainty surrounding its environmental remediation activities
upon exiting bankruptcy. An additional concern centers on the
high proportion of Solutia's revenue base that is concentrated
in low margin commodity businesses and a material percentage of
EBITDA that is derived from a single product with concentrated
customers. Following the refinancing and exit from bankruptcy,
Solutia will be highly leveraged, particularly after adjusting
debt for rent and pensions, which adds roughly US$60 million and
US$180 million, respectively. Moody's projected coverage for
fiscal year 2008 (based on Moody's adjusted debt model), as
measured by EBITDA/Interest, is only 2.1 times while projected
leverage as measured by adjusted Debt/EBITDA is 5.2 times. In
Moody's model, adjusted debt is estimated at slightly above
US$1.9 billion and pro forma adjusted debt to book capital would
be just above 62% at Dec. 31, 2007. Moody's notes that even
with fresh start accounting, tangible net worth is likely to be
negative.
While Moody's recognizes that good progress has been made in the
elimination, classification and/or sharing of environmental,
legal and pension liabilities, there remains a noteworthy level
of uncertainty as to the ultimate scope of these liabilities,
particularly the environmental liabilities. Moody's believes
that these environmental liabilities are subject to changing
governmental policy and regulations, discovery of unknown
conditions, judicial proceedings, method and extent of
remediation, existence of other potentially responsible parties
and future changes in both measurement and remediation
technologies.
Moody's also has some concerns over Solutia's business profile
as a high percentage of revenues, about 55%, are generated by
the relatively low margin (7%-8% EBITDA) integrated nylon
business, a sector that is going through a fair amount of
turmoil. Moody's also note that a significant percentage of pro
forma 2007 EBITDA is derived from a single reasonably stable
product line, Crystex(R), that also has a high degree of
customer concentration with the bulk of EBITDA being derived
from tire manufacturers.
Positive factors supporting the ratings include:
-- strong geographic, product and operational diversity;
-- sizeable market leadership in the markets Solutia serves;
-- sizeable revenue base - projected to exceed US$3.5 billion
in 2007;
-- the reduction in pre-bankruptcy liability exposure in the
range of US$1.3 billion;
-- improvement in pro forma revenues and EBITDA over the last
four years excluding reorganization costs;
-- the ability to share on a 50/50 basis with Monsanto
environmental liabilities at certain sites if the costs
exceed US$325 million.
Moody's views management's track record and actions to
effectively cut costs and to improve Solutia's business profile
during the bankruptcy period as positive factors supporting the
ratings. Moody's also believes that the acquisition of Flexsys
was a logical and strong strategic fit for the company. Moody's
believes that a continued focus on efficiencies and maintaining
market share is critical to succeeding in the company's highly
competitive markets, which Moody's expects may face some pricing
pressures in the face of a potentially weaker global market,
particularly in the construction and automotive markets.
The Ba1 rating recognizes that the asset-based credit facilities
are secured by a first lien on inventory and receivables and a
second lien on assets securing the term loan. The B1 rating on
the term loan recognizes the high proportion of the term loan in
Solutia's capital structure and the limited security provided
the first lien on assets not securing the asset-based credit
facility and the second lien on inventories and receivables. In
Moody's opinion the collateral package for the term loan may not
adequately cover the loan in a default scenario. The B2 rating
on the unsecured bridge facility reflects their junior position
in the capital structure and the prospect of limited protection
after the first and second lien lenders have been provided for
in a distressed scenario.
The speculative grade liquidity SGL-3 rating reflects the
company's adequate liquidity and Moody's expectation of
reasonable retained cash flow, in excess of US$150 million, for
the fiscal year ending 2008. The rating is supported by
Solutia's favorable debt maturity profile and flexibility under
the financial covenants for the company's asset backed credit
facility. A factor limiting the SGL rating is that the only
external source of liquidity is the revolving credit facility,
although the size has been increased from US$400 million to
US$450 million. Moody's anticipates that this facility will
initially have modest outstandings in 2008. Revolver borrowings
are dictated by a borrowing base formula.
Solutia's stable outlook considers the strength of its franchise
in terms of its market positions and long-lived customer
relationships. If operating performance is weaker than
anticipated or material increases in environmental liabilities
were to occur, the outlook or rating could turn negative. To
the extent that Solutia reduces debt faster than expected, such
that debt/EBITDA metrics improve to less than 4.0 times on a
permanent basis or if environmental liabilities were deemed to
be much improved a positive change in outlook or rating could
occur.
Solutia, headquartered in St. Louis, Missouri, produces and
sells a diverse portfolio of performance materials and specialty
chemicals. End markets for Solutia's products include
automotive, architectural (residential and commercial),
aerospace, process manufacturing, construction,
electronic/electrical, and industrial. Net sales for 2007 were
US$3.5 billion. Solutia filed a voluntary petition for
reorganization under Chapter 11 of the U.S. Bankruptcy Code in
January of 2004 and emerged from bankruptcy on Feb. 28, 2008.
=============
F I N L A N D
=============
FREESTAR TECH: Posts US$4.5 Mil. Net Loss in Qtr. Ended Dec. 31
---------------------------------------------------------------
FreeStar Technology Corp. recorded a net loss of US$4,568,270
for the second quarter ended Dec. 31, 2007, compared to a net
loss of US$3,124,456 for the three months ended Dec. 31, 2006,
an increase of US$1,443,814 or approximately 46%.
Ciaran Egan, FreeStar's chief financial officer, commented that
"approximately US$2,300,000 of this amount consisted of non-cash
compensation in the form of stock, stock options, and warrants
issued to consultants and employees. We continue to launch new
innovative products and expand our geographical market for
increased growth opportunities in 2008. We believe that our
investment program in our product and sales and marketing
programs together with our growing pipelines will drive revenue
growth in 2008."
Revenue for the three months ended Dec. 31, 2007, was
US$1,448,713 compared to US$811,902 for the three months ended
Dec. 31, 2006, an increase of US$636,811 or approximately 78%.
Revenue consisted of transaction processing and related revenue
of US$512,782; consulting services revenue of US$683,862 and
hardware and related revenue of US$252,069.
FreeStar Technology president and chief executive officer Paul
Egan said, "We expect to see continued increased hardware
related sales to our expanding customer base, but also recognize
increasing revenue streams from annual maintenance fees and
service initiation fees.
"Our cross border payments processing has now expanded to Spain,
Iceland, Denmark, Sweden and the U.K. We are seeing a steady
increase in DCC (Dynamic Currency Conversion) Transactions from
our partner, Global Refunds. We have successfully deployed
terminals in Dominican Republic and see continuing growth in the
region. Our International projects are nearing deployment and
can expect to see a large increase in processing revenues
throughout the remainder of fiscal 2008."
Balance Sheet
At Dec. 31, 2007, the company's consolidated balance sheet
showed US$8,201,305 in total assets, US$3,509,597 in total
liabilities, US$407,398 in minority interest, and US$4,284,310
in total stockholders' equity.
The company's consolidated balance sheet at Dec. 31, 2007, also
showed strained liquidity with US$1,945,907 in total current
assets available to pay US$3,509,597 in total current
liabilities.
Full-text copies of the company's consolidated financial
statements for the quarter ended Dec. 31, 2007, are available
for free at http://researcharchives.com/t/s?288f
Going Concern Disclaimer
As reported in the Troubled Company Reporter on Oct. 4, 2007,
New York-based RBSM LLP expressed substantial doubt about
FreeStar Technology Corp.'s ability to continue as a going
concern after auditing the company's financial statements for
the year ended June 30, 2007. The auditing firm said the
company is experiencing difficulty in generating sufficient cash
flow to meet its obligations and sustain its operations.
About FreeStar Technology
Based in Dublin, Ireland, FreeStar Technology Corp. (OTC BB:
FSRT) -- http://www.freestartech.com/-- provides electronic
payment processing services, including credit and debit card
transaction processing, point-of-sale related software
applications and other value-added services. The company was
incorporated in the State of Nevada. The company also has
offices in Helsinki, Finland; Stockholm, Sweden; Geneva,
Switzerland; and Santo Domingo, the Dominican Republic.
===========
F R A N C E
===========
ENERSYS INC: Holders Agree to Sell 5 Mln Shares to Goldman Sachs
----------------------------------------------------------------
EnerSys Inc. disclosed that certain of its stockholders,
including affiliates of Metalmark Capital LLC and certain other
institutional stockholders, have agreed to sell 5,000,000 shares
of its common stock to Goldman Sachs & Co.
All net proceeds from the sale of the common stock will be
received by the selling stockholders. EnerSys will not receive
any of the proceeds.
The shares are being sold by the selling stockholders in an
at-the-market offering pursuant to an effective shelf
registration
statement.
The copy of the prospectus relating to these securities may be
obtained, when available, from:
Goldman Sachs & Co.
Attn: Prospectus Dept.
85 Broad Street
New York, NY 10004
Fax (212) 902-9316
Email prospectus-ny@ny.email.gs.com
For more information, contact:
Richard Zuidema
Executive Vice President, EnerSys
P.O. Box 14145
Reading, PA 19612-4145
Tel (800) 538-3627
About EnerSys Inc.
Headquartered in Reading, Pennsylvania, EnerSys Inc. (NYSE: ENS)
-- http://www.enersys.com/-- manufactures industrial battery
through 21 manufacturing and assembly facilities worldwide. The
company provides expertise in designing, building, installing
and maintaining a comprehensive stored energy solution for
industrial applications throughout the world. The company's
products and services are focused on two primary markets: Motive
Power (North & South America) or (Europe) and Reserve Power
(Worldwide), (Aerospace & Defense) or (Speciality Batteries).
The company's facilities are located at China, France, Mexico,
Germany, and the United Kingdom, among others.
* * *
Standard & Poor's Ratings Services placed EnerSys Inc.' long
term foreign and local issuer credit ratings at 'BB' in August
2004. The ratings still hold to date with a stable outlook.
PERNOD RICARD: To Reopen Braeval Distillery in July 2008
--------------------------------------------------------
Pernod Ricard S.A. plans to reopen its Braeval distillery, near
Tomintoul, Scotland, in July 2008 to boost its Speyside whisky
production, the Scotsman reports.
According to the report, Pernod, whose first half profits soared
18% to EUR588 million, opted to reopen the distillery following
a surge in demand for its premium whisky brands.
The company, the Scotsman relates, intends to install a new mash
tun, six new stills and eight new "washbacks" at the Braeval
plant, which has lain dormant for the past six years, the
Scotsman relates.
"Demand for Scotch whisky is at a record high. This latest
investment will enable us to meet our growing demand as well as
demonstrate our commitment to developing our business in
Scotland," Chivas chief executive Christian Porta was quoted by
the Scotsman as saying.
The expansion plans are yet to submitted to Moray Council, the
paper adds.
About Pernod Ricard
Headquartered in Paris, France, Pernod Ricard --
http://www.pernod-ricard.com/-- produces and distributes
spirits and wines. The Company operates in Europe, North
America, Central and South America, and the Asia-Pacific region.
* * *
Pernod Ricard carries Standard & Poor's local and foreign
currency ratings of BB+/Stable/B.
=============
G E R M A N Y
=============
ALM GMBH: Creditors' Meeting Slated for March 14
------------------------------------------------
The court-appointed insolvency manager for alm GmbH, Dr. Udo
Michalsky will present his first report on the Company's
insolvency proceedings at a creditors' meeting at 10:00 a.m. on
March 14, 2008.
The meeting of creditors and other interested parties will be
held at:
The District Court of Saarbruecken
Meeting Hall 13
First Floor
Vopeliusstrasse 2
66280 Sulzbach
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 8:55 a.m. on April 15, 2008 at:
The District Court of Saarbruecken
Meeting Hall 24
Second Floor
Vopeliusstrasse 2
66280 Sulzbach
Germany
Creditors have until March 25, 2008 to register their claims
with the court-appointed insolvency manager.
The insolvency manager can be reached at:
Dr. Udo Michalsky
Kaiserstrasse 77
66386 St. Ingbert
Germany
Tel: (06894) 3876 311
Fax: (06894) 382 185
The District Court of Saarbruecken opened bankruptcy proceedings
against alm GmbH on Feb. 15, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
alm GmbH
Attn: Dr. Hans-Wolfgang Seeliger, Manager
Gewerbepark Eschberger Weg
Building 10
66121 Saarbruecken
Germany
DEMAPA VERWALTUNGS: Claims Registration Ends March 20
-----------------------------------------------------
Creditors of DeMaPa Verwaltungs GmbH have until March 20, 2008,
to register their claims with court-appointed insolvency manager
Thomas Bueckmann.
Creditors and other interested parties are encouraged to attend
the meeting at 9:15 a.m. on April 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 Duisburg
Hall C207
Second Floor
Kardinal-Galen-Strasse 124-132
47058 Duisburg
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:
Thomas Bueckmann
Kohlenkamp 39
45468 Muelheim an der Ruhr
Germany
The District Court of Duisburg opened bankruptcy proceedings
against DeMaPa Verwaltungs GmbH on Feb. 13, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
DeMaPa Verwaltungs GmbH
Attn: Nikolaos Patidis, Manager
Parsevalstr. 115
45470 Muelheim an der Ruhr
Germany
E & S SIEBRAND: Claims Registration Ends March 20
-------------------------------------------------
Creditors of E & S Siebrand Bodenbelage GmbH have until
March 20, 2008 to register their claims with court-appointed
insolvency manager Veit Schwierholz.
Creditors and other interested parties are encouraged to attend
the meeting at 11:15 a.m. on April 22, 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
Meeting Hall B 405
Fourth Floor
Sievkingplatz 1
20355 Hamburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Veit Schwierholz
Heuberg 1
20354 Hamburg
Germany
The District Court of Hamburg opened bankruptcy proceedings
against E & S Siebrand Bodenbelage GmbH on Feb. 13, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
E & S Siebrand Bodenbelage GmbH
Walddoerferstrasse 416
22047 Hamburg
Germany
EM BAU: Claims Registration Period Ends March 20
------------------------------------------------
Creditors of EM Bau GmbH have until March 20, 2008, to register
their claims with court-appointed insolvency manager Mechthild
Bruche.
Creditors and other interested parties are encouraged to attend
the meeting at 9:45 a.m. on April 22, 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 Nuernberg
Meeting Hall 152/I
Flaschenhofstr. 35
Nuernberg
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:
Mechthild Bruche
Stahlstrasse 17
90411 Nuernberg
Germany
Tel: 0911/951285-0
Fax: 0911/951285-10
The District Court of Nuernberg opened bankruptcy proceedings
against EM Bau GmbH on Feb. 15, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
EM Bau GmbH
Attn: Meesmann und Andreas Bartl, Managers
Schweiggerstrasse 19
90478 Nuernberg
Germany
FROM GMBH: Claims Registration Period Ends March 19
---------------------------------------------------
Creditors of FROM GmbH have until March 19, 2008, to register
their claims with court-appointed insolvency manager Dr. Heiner
Buss.
Creditors and other interested parties are encouraged to attend
the meeting at 10:40 a.m. on April 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 Leer
Hall 101
Woerde 5
26789 Leer
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. Heiner Buss
Hauptstr. 169
26639 Wiesmoor
Germany
Tel: 04944/1033
Fax: 04944/912035
The District Court of Leer opened bankruptcy proceedings against
FROM GmbH on Feb. 13, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
FROM GmbH
Zinnstrasse 12
26789 Leer
Germany
Attn: Dirk Hamel, Manager
Eschenweg 10
26789 Leer
Germany
H & S SPEDITION: Claims Registration Period Ends March 25
---------------------------------------------------------
Creditors of H & S Spedition Buschow GmbH have until March 25,
2008, to register their claims with court-appointed insolvency
manager Bruno M. Kuebler.
Creditors and other interested parties are encouraged to attend
the meeting at 1:00 p.m. on April 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 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:
Dr. Bruno M. Kuebler
Einemstrasse 24
10785 Berlin
Germany
The District Court of Potsdam opened bankruptcy proceedings
against H & S Spedition Buschow GmbH on Feb. 13, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
H & S Spedition Buschow GmbH
Wald 9
14715 Markisch Luch OT Buschow
Germany
HANSEN-BAU GMBH: Claims Registration Period Ends March 19
---------------------------------------------------------
Creditors of Hansen-Bau GmbH have until March 19, 2008, to
register their claims with court-appointed insolvency manager
Dirk Decker.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on April 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 Rostock
Hall 330
Zochstrasse 18057
Rostock
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:
Dirk Decker
Stampfmuellerstrasse 39
18057 Rostock
Germany
The District Court of Rostock opened bankruptcy proceedings
against Hansen-Bau GmbH on Feb. 4, 2008. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Hansen-Bau GmbH
Attn: Michael Hansen und
Susanne Hansen, Managers
Alte Dorfstrasse 1
18246 Steinhagen
Germany
HKB TRAUMHAUS: Claims Registration Period Ends March 26
-------------------------------------------------------
Creditors of HKB Traumhaus GmbH have until March 26, 2008, to
register their claims with court-appointed insolvency manager
Michael Krause.
Creditors and other interested parties are encouraged to attend
the meeting at 8:10 a.m. on April 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 Neuruppin
Hall 325
Karl-Marx-Strasse 18a
16816 Neuruppin
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 Krause
Putlitzer Strasse 30
16928 Pritzwalk
Germany
The District Court of Neuruppin opened bankruptcy proceedings
against HKB Traumhaus GmbH on Jan. 28, 2008. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
HKB Traumhaus GmbH
Attn: Frau Helga Kasemann
Ziegeleiweg 4
16727 Oberkramer OT Neu Vehlefanz
Germany
HOHEISEL & BENNER: Claims Registration Period Ends March 26
-----------------------------------------------------------
Creditors of Hoheisel & Benner Personalmanagement GmbH have
until March 26, 2008, to register their claims with court-
appointed insolvency manager Stephan Neubauer.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on April 24, 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:
Stephan Neubauer
Spitalerstrasse 4
20095 Hamburg
Germany
The District Court of Hamburg opened bankruptcy proceedings
against Hoheisel & Benner Personalmanagement GmbH on Jan. 30,
2008. Consequently, all pending proceedings against the company
have been automatically stayed.
The Debtor can be reached at:
Hoheisel & Benner Personalmanagement GmbH
Oberwerder Damm 6
20539 Hamburg
Germany
INIT NETWORKS: Claims Registration Ends March 20
------------------------------------------------
Creditors of init networks gmbH Planungsbuero fuer
Computervernetzung have until March 20, 2008, to register their
claims with court-appointed insolvency manager Franz-Joachim
Sessig.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on April 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 Augsburg
Meeting Hall 162
Alten Einlass 1
86150 Augsburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Franz-Joachim Sessig
Fuggerstr. 9
86150 Augsburg
Germany
The District Court of Augsburg opened bankruptcy proceedings
against init networks gmbH Planungsbuero fuer Computervernetzung
on Feb. 12, 2008. Consequently, all pending proceedings against
the company have been automatically stayed.
The Debtor can be reached at:
init networks gmbH Planungsbuero fuer
Computervernetzung
Attn: Erich Bauer and Michael Petermann, Manager
Muenchener Str. 1
86949 Windach
Germany
KAYA HEIMBAU: Claims Registration Period Ends March 25
------------------------------------------------------
Creditors of Kaya Heimbau GmbH have until March 25, 2008, to
register their claims with court-appointed insolvency manager
Karina Schwarz.
Creditors and other interested parties are encouraged to attend
the meeting at 10:30 a.m. on April 23, 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 Hannover
Hall 226
Second Upper Floor
Service Bldg.
Hamburger Allee 26
30161 Hannover
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Karina Schwarz
Ernst-August-Platz 10
30159 Hannover
Germany
Tel: 0511 475339-0
Fax: 0511 475339-9
The District Court of Hannover opened bankruptcy proceedings
against Kaya Heimbau GmbH on Feb. 13, 2008. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Kaya Heimbau GmbH
Am Hafen 23
30629 Hannover
Germany
Attn: Nurettin Yavsan, Manager
Harburgerstr. 27
29303 Bergen
Germany
KDV GMBH: Claims Registration Period Ends March 26
--------------------------------------------------
Creditors of KDV GmbH have until March 26, 2008, to register
their claims with court-appointed insolvency manager Stephan
Michels.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on April 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 Osnabrueck
Hall N 301
Kollegienwall 10
49074 Osnabrueck
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:
Stephan Michels
c/o PLUTA Rechtsanwalts GmbH
Ludgeristr. 54
48143 Muenster
Germany
Tel: 0251/162830
Fax: 0251/16283-11
E-mail: muenster@pluta.net
The District Court of Osnabrueck opened bankruptcy proceedings
against KDV GmbH on Feb. 13, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
KDV GmbH
Attn: Andreas Kramer, Manager
Franz Lenzstr. 6
49084 Osnabrueck
Germany
LIMIT GMBH: Claims Registration Period Ends March 10
----------------------------------------------------
The court-appointed insolvency manager for Limit GmbH, Christoph
Goergen, will present his first report on the Company's
insolvency proceedings at a creditors' meeting at 9:30 a.m. on
March 10, 2008.
The meeting of creditors and other interested parties 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 at 8:45 a.m. on April 21, 2008, at the same
venue.
Creditors have until March 26, 2008, to register their claims
with the court-appointed insolvency manager.
The insolvency manager can be reached at:
Christoph Goergen
Beethovenstrasse 13
66606 St. Wendel
Germany
Tel: (06851) 4066
Fax: (06851) 4068
The District Court of Saarbruecken opened bankruptcy proceedings
against Limit GmbH on Jan. 31, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Limit GmbH
St. Annen-Strasse 18
66606 St Wendel
Germany
MOLKEREI MIEHE: Claims Registration Period Ends March 20
--------------------------------------------------------
Creditors of Molkerei Miehe Frischdienst GmbH have until
March 20, 2008, to register their claims with court-appointed
insolvency manager Dr. Martin Moderegger.
Creditors and other interested parties are encouraged to attend
the meeting at 11:20 a.m. on April 22, 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 Hannover
Hall 226
Second Upper Floor
Service Bldg.
Hamburger Allee 26
30161 Hannover
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Martin Moderegger
Schiffgraben 23
30159 Hannover
Germany
Tel: 0511 763529-0
Fax: 0511 763529-43
The District Court of Hannover opened bankruptcy proceedings
against Molkerei Miehe Frischdienst GmbH on Feb. 15, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Molkerei Miehe Frischdienst GmbH
Siemensstrasse 3
30916 Isernhagen
Germany
Attn: Ursula Miehe, Manager
C/o Stiemerling Senioren-Residenz Hattorf
Gerhart-Hauptmann-Weg 5
37197 Hattorf
Germany
METALLBAU MEHLICH: Claims Registration Period Ends March 26
-----------------------------------------------------------
Creditors of Metallbau Mehlich GmbH have until March 26, 2008,
to register their claims with court-appointed insolvency manager
Carsten Morgenstern.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on May 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 Chemnitz
Hall 24
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:
Carsten Morgenstern
Michaelstrasse 71
09116 Chemnitz
Germany
Tel: (0371) 381770
Fax: (0371) 3817730
E-mail: chemnitz@hww-kanzlei.de
The District Court of Chemnitz opened bankruptcy proceedings
against Metallbau Mehlich GmbH on Feb. 18, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Metallbau Mehlich GmbH
Attn: Frank Strangmueller, Manager
Zwoenitzufer 9
09125 Chemnitz
Germany
METALLVERARBEITUNG WEIHERHAMMER: Claims Filing Ends March 26
------------------------------------------------------------
Creditors of Metallverarbeitung Weiherhammer Weigend GmbH have
until March 26, 2008, to register their claims with court-
appointed insolvency manager Christian Adolf.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on May 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 Weiden
Room 219/II
Ledererstrasse 9
92637 i.d.OPf.
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Christian Adolf
Stahlstrasse 17
90411 Nuremberg
Germany
Tel: 0911 / 951285-0
Fax: 0911 / 951285-10
The District Court of Weiden opened bankruptcy proceedings
against Metallverarbeitung Weiherhammer Weigend GmbH on Feb. 13,
2008. Consequently, all pending proceedings against the company
have been automatically stayed.
The Debtor can be reached at:
Metallverarbeitung Weiherhammer Weigend GmbH
Attn: Weigend Horst, Manager
Parksteiner Weg 15
92655 Grafenwoehr-Huetten
Germany
MOECKEL FEUERUNGSTECHNIK: Claims Registration Ends March 25
-----------------------------------------------------------
Creditors of Moeckel Feuerungstechnik fuer
Hochgeschwindigkeitsluftreaktoren GmbH have until March 25,
2008, to register their claims with court-appointed insolvency
manager Robert Wartenberg.
Creditors and other interested parties are encouraged to attend
the meeting at 8:30 a.m. on April 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 Bamberg
Meeting Hall 317
Synagogenplatz 1
96047 Bamberg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Robert Wartenberg
Friedrichstrasse 15
96047 Bamberg
Germany
Tel: 0951/29743-0
Fax: 0951/29743-29
The District Court of Bamberg opened bankruptcy proceedings
against Moeckel Feuerungstechnik fuer
Hochgeschwindigkeitsluftreaktoren GmbH on Feb. 19, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Moeckel Feuerungstechnik fuer
Hochgeschwindigkeitsluftreaktoren GmbH
In der Au 5
96154 Burgwindheim
Germany
NICK NAME: Claims Registration Period Ends March 25
---------------------------------------------------
Creditors of Nick Name Fashion GmbH Woman Sportswear & Designer
Mode have until March 25, 2008, to register their claims with
court-appointed insolvency manager Frank Imberger.
Creditors and other interested parties are encouraged to attend
the meeting at 8:30 a.m. on May 8, 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 Bochum
Hall A29
Ground Floor
Main Building
Viktoriastrasse 14
44787 Bochum
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Frank Imberger
Huestrasse 34
44787 Bochum
Germany
The District Court of Bochum opened bankruptcy proceedings
against Nick Name Fashion GmbH Woman Sportswear & Designer Mode
on Feb. 13, 2008. Consequently, all pending proceedings against
the company have been automatically stayed.
The Debtor can be reached at:
Nick Name Fashion GmbH Woman Sportswear &
Designer Mode
Huestr. 17- 19
44787 Bochum
Germany
NORBERT BRANDT: Creditors' Meeting Slated for March 20
------------------------------------------------------
The court-appointed insolvency manager for Norbert Brandt
Malereibetrieb GmbH, Susanne Oelbermann will present her first
report on the Company's insolvency proceedings at a creditors'
meeting at 10:15 a.m. on March 20, 2008.
The meeting of creditors and other interested parties will be
held at:
The District Court of Bremen
Old Building
Hall 50
Domsheide 16
28195 Bremen
Germany
The Court will also verify the claims set out in the insolvency
manager's report at 10:30 a.m. on May 8, 2008 at:
The District Court of Bremen
New Building
Hall 115
Ostertorstr. 25-31
28195 Bremen
Germany
Creditors have until March 25, 2008 to register their claims
with the court-appointed insolvency manager.
The insolvency manager can be reached at:
Susanne Oelbermann
Ostertorsteinweg 74/75
28203 Bremen
Germany
Tel: 792570
Fax: 7925757
The District Court of Bremen opened bankruptcy proceedings
against Norbert Brandt Malereibetrieb GmbH on Feb. 15, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Norbert Brandt Malereibetrieb GmbH
Muenchener Str. 7
28215 Bremen
Germany
Attn: Norbert Brandt, Manager
Osterdeich 144
28205 Bremen
Germany
SCHULDNERIN BIOCONNECT: Claims Registration Ends March 24
---------------------------------------------------------
Creditors of Schuldnerin BioConnect Grafts & Implants GmbH & Co
KG have until March 24, 2008 to register their claims with
court-appointed insolvency manager Bardo M. Sigwart.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on April 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 Bingen am Rhein
Hall 9
Mainzer Strasse 52
55411 Bingen am 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:
Bardo M. Sigwart
Ahornweg 12
55218 Ingelheim
Germany
Tel: 06132/88949
Fax: 06132/896498
The District Court of Bingen am Rhein opened bankruptcy
proceedings against Schuldnerin BioConnect Grafts & Implants
GmbH & Co KG on Feb. 15, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Schuldnerin BioConnect Grafts & Implants GmbH & Co KG
Mainzer Str. 346
55411 Bingen am Rhein
Germany
Attn: Richard Donaca, Manager
Heinrich-Becker-Str. 19
55411 Bingen/Rhein
Germany
VICTORIA HAUSHALTSMASCHINEN: Claims Period Ends March 10
--------------------------------------------------------
Creditors of Victoria Haushaltsmaschinen Vertriebsgesellschaft
mbH have until March 10, 2008, to register their claims with
court-appointed insolvency manager Hans-Peter Burghardt.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on April 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 Detmold
Meeting Room 12
Ground Floor
Gerichtsstr. 6
32756 Detmold
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 Burghardt
Bunsenstr. 3
32052 Herford
Germany
The District Court of Detmold opened bankruptcy proceedings
against Victoria Haushaltsmaschinen Vertriebsgesellschaft mbH on
DATE. Consequently, all pending proceedings against the company
have been automatically stayed.
The Debtor can be reached at:
Victoria Haushaltsmaschinen Vertriebsgesellschaft mbH
Attn: Michael Delker Lemgo und
Lars Kinkeldey Steinheim, Managers
Max-Planck-Str. 62-64
32107 Bad Salzuflen
Germany
=============
H U N G A R Y
=============
PROPEX INC: Section 341(a) Creditors' Meeting Set for March 11
--------------------------------------------------------------
Richard F. Clippard, the U.S. Trustee for Region 8, will convene
a meeting of creditors of Propex, Inc., and its debtor-
affiliates on Tuesday, March 11, 2008, at 10:00 a.m. prevailing
Eastern Time, at the U.S. Bankruptcy Court, Basement Room 18, 31
East 11th Street, Chattanooga, Tennessee.
The meeting may be continued until April 8, 2008, and is
expected to conclude after the filing of the Debtors' Schedules
and Statements of Financial Affairs.
This is the first meeting of creditors required under Section
341(a) of the Bankruptcy Code in the Debtors' bankruptcy cases.
The Section 341 meeting in the Debtors' cases was originally set
for March 4.
Attendance by the Debtors' creditors at the meeting is welcome,
but not required. The Sec. 341(a) meeting offers the creditors
a one-time opportunity to examine the Debtors' representative
under oath about the Debtors' financial affairs and operations
that would be of interest to the general body of creditors.
Headquartered in Chattanooga, Tennessee, Propex Inc. --
http://www.propexinc.com/-- produces geosynthetic, concrete,
furnishing, and industrial fabrics and fiber. It is produces
primary and secondary carpet backing. Propex operates in
Brazil, Mexico, Germany, Hungary, and the United Kingdom.
The company and its debtor-affiliates filed for Chapter 11
protection on Jan. 18, 2008 (Bankr. E.D. Tenn. Case No. 08-
10249). The debtors' has selected Edward L. Ripley, Esq., Henry
J. Kaim, Esq., and Mark W. Wege, Esq. at King & Spalding, in
Houston, Texas, to represent them. As of Sept. 30, 2007, the
debtors' balance sheet showed total assets of US$585,700,000 and
total debts of US$527,400,000. (Propex Bankruptcy News, Issue
No. 4; Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
PROPEX INC: Wants Court Nod on Sale Process of Dalton Property
--------------------------------------------------------------
Propex Inc. and its debtor-affiliates ask the U.S. Bankruptcy
Court for the Eastern District of Tennessee to:
(a) after an initial and interim hearing, approve the proposed
auction and sale process for a proposed Dalton Property
sale;
(b) authorize them to modify and assume an Auction Listing
Contract with Potts Brothers;
(c) after a final hearing, authorize the sale of the Dalton
Property to the highest bidder;
(d) allow them to pay a real estate commission to Potts
Brothers in the event the Dalton Property is successfully
consummated; and
(e) rule that a sale arising from the proposed sale process be
deemed to be exempt from any sales or transfer taxes.
The Debtors own a certain real property located at 821-835
Shugart Road, in Dalton, Whitfield County, Georgia. The Dalton
Property is comprised of approximately 12.5 acres of real
property, where three industrial buildings that were formerly
used by the Debtors as a warehousing and distribution center are
located.
In early 2007, the Debtors determined that the Dalton Property
is not necessary or beneficial to their business and operations.
Thereafter, they ceased operations at the Dalton Property, and
since then, the property has been largely unused and vacant.
The Debtors though currently store a small amount of inventory
at the Dalton Premises.
Mark W. Wege, Esq., at King & Spalding, LLP, in Houston, Texas,
asserts that a sale of the Dalton Property would permit the
Debtors to monetize the asset for distribution to creditors and
would facilitate a successful reorganization. The Debtors
believe that a sale of the Dalton Property would yield
significant benefits for their creditors and estates.
Potts Brothers Contract
In connection with their efforts to sell the Dalton Property to
the highest bidder, the Debtors entered into an auction listing
contract with Potts Brothers Land and Auction, LLC, on Sept. 28,
2007. Potts Brothers agreed to "provide necessary auction
personnel, labor, sales information, plats, property packages,
photos and signs" related to the auction of the Dalton Property.
In compensation for its efforts, the parties agreed that Potts
Brothers would receive an 8% "buyer's premium" from the proceeds
of the auction sale. In the event of a "No Sale," the Debtors
would reimburse Potts Brothers for advertising costs and any
costs related to surveying the Dalton Property.
Potts Brothers then advertised and marketed the Dalton Property
for a Jan. 31, 2008 auction pursuant to an advertising and
marketing plan it agreed upon with the Debtors. As a result of
those marketing efforts, 11 potential buyers expressed interest
in the Dalton Property, with eight of those potential buyers
conducting some preliminary due diligence with respect to the
Property.
However, prior to the scheduled Auction, the Debtors filed for
bankruptcy protection and instructed Potts Brothers to cancel
the January 31 Auction and to temporarily cease its advertising
and marketing efforts pending further instructions from the
Court.
Mr. Wege states that the Auction Listing Contract currently sets
March 1, 2008 as the "outside date" for closing the sale of the
Dalton Property to the successful bidder at auction.
Because the Debtors' proposed sale process contemplates a
Closing Date after March 1, 2008, the Debtors and Potts Brothers
desire for the outside date to be amended to June 30, 2008.
This amendment should ensure that the sale of the Dalton
Property will be closed before the outside date under the
Auction Listing Contract.
Proposed Sale Process
To fully maximize the value to be realized from the proposed
sale, the Debtors developed a process for auctioning the Dalton
Property.
The Debtors seek to sell and transfer the Dalton Property to a
prevailing bidder, on an "as is" and "where is" basis.
Potts Brothers will implement a marketing process for the sale
of the Dalton Property until the Auction date.
Potts Brothers will conduct an auction with respect to the sale
of the Dalton Property on May 16, 2008, at 10:00 a.m. The
Dalton Property has been divided into three tracts pursuant to a
survey conducted by Allied Surveying Inc. in October 2007 at the
behest of Potts Brothers and the Debtors.
* At the Auction, the Potts Brothers will first offer for
bidding each of the three separate tracts on an individual
basis.
* After Potts Brothers determines the highest or best bid for
each of the three individual tracts, it will offer for
bidding the three tracts together.
* After the bidding is complete for the three tracts together,
Potts Brothers will determine, subject to Bankruptcy Court
approval, the bid or combination of bids for the Dalton
Property that represent the highest or best offer for the
Dalton Property and the determination will be announced by
Potts Brothers at the Auction, together with the final bid
amount inclusive of the 8% "buyer's premium" covering Potts
Brothers' commission.
* On the day of the Auction, each party submitting a
Prevailing Bid will pay by cashiers' or certified check a
deposit equal to 10% of the amount of its Prevailing Bid.
* All bidding for the Dalton Property will be concluded at the
Auction and there will be no further bidding at the Sale
Hearing.
The Debtors propose that the Auction will be conducted as a
"reserve auction." In the event that no bid or combination of
bids are received at the Auction that are satisfactory to the
Debtors in their sole and absolute discretion, Potts Brothers
will announce that there is no successful bidder for the Dalton
Property and no Prevailing Bid will be presented to the Court.
If the Debtors select a Prevailing Bid or Bids at the Auction,
within one day of completion of the Auction, the Debtors will
(a) file a notice with the Court setting forth the identity of
each Prevailing Bidder and the amount of each Prevailing Bid,
and (b) serve the Bid Notice on the parties on the master
service list in the case.
Prior to a sale hearing, the Debtors will provide the Official
Committee of Unsecured Creditors with information made available
to it at the Auction regarding the Prevailing Bidders, and will
confer and consult with the Creditors Committee regarding the
Prevailing Bids after the Debtors' acceptances.
The Debtors further ask the Court to set a hearing on May 21,
2008, at 9:00 a.m. local time in Chattanooga, Tennessee, to
consider approval of the Dalton Property sale. The Debtors
intend to present the Prevailing Bid or Bids for approval at the
Sale Hearing.
The Debtors will be deemed to have accepted a bid only when that
bid has been approved by the Court at the Sale Hearing. Upon
the failure to consummate a sale of the Dalton Property after
the Sale Hearing because of the occurrence of a breach or
default under the terms of the Prevailing Bid:
(1) the next highest or otherwise best bid, as disclosed at
the Sale Hearing, will be deemed the Prevailing Bid
without further Court order, and the parties will be
authorized and directed to consummate the transaction
contemplated by the backup Prevailing Bid; and
(2) the Debtors will be entitled to retain the defaulting
bidder's deposit as liquidated damages.
At all times during the Proposed Sale Process, the Debtors seek
to retain full discretion and right to determine, in their sole
discretion, which bid or bids constitute the highest or
otherwise best offer for the purchase of the Dalton Property,
and which bid or bids should be selected as Prevailing Bid or
Bids, if any, all subject to final approval by the Court.
The Debtors reserve their rights to, at any time before the
entry of a Court order approving a Prevailing Bid, reject any
bid that they determine is (i) inadequate or insufficient, (ii)
contrary to the requirements of the Bankruptcy Code or the
Proposed Sale Process, or (iii) contrary to the best interests
of their estates and creditors.
The Debtors propose that all closings related to the sale of the
Dalton Property will take place no later than 30 days after the
Court approves the sale.
About Propex Inc.
Headquartered in Chattanooga, Tennessee, Propex Inc. --
http://www.propexinc.com/-- produces geosynthetic, concrete,
furnishing, and industrial fabrics and fiber. It is produces
primary and secondary carpet backing. Propex operates in
Brazil, Mexico, Germany, Hungary, and the United Kingdom.
The company and its debtor-affiliates filed for Chapter 11
protection on Jan. 18, 2008 (Bankr. E.D. Tenn. Case No. 08-
10249). The debtors' has selected Edward L. Ripley, Esq., Henry
J. Kaim, Esq., and Mark W. Wege, Esq. at King & Spalding, in
Houston, Texas, to represent them. As of Sept. 30, 2007, the
debtors' balance sheet showed total assets of US$585,700,000 and
total debts of US$527,400,000. (Propex Bankruptcy News, Issue
No. 4; Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
=============
I R E L A N D
=============
BALLANTYNE RE: Fitch Holds Ratings on US$300 Million Notes
----------------------------------------------------------
Fitch Ratings affirmed the ratings of Ballantyne Re Plc as:
-- US$250,000,000 class A-1 floating-rate notes at 'BB';
-- US$10,000,000 class B-1 subordinated notes at 'B';
-- US$40,000,000 class B-2 subordinated floating-rate notes
at 'B'.
Ballantyne Re holds significant amounts of subprime residential
asset- and mortgage-backed (ABS/RMBS) securities in the asset
portfolios supporting its reserves. These assets have
experienced material mark-to-market declines, which previously
resulted in the deferral and accrual of interest on the class B-
1 and B-2 notes and a substantial write-down of the accrued
interest and principal of Ballantyne Re's class C notes.
Fitch notes that the rate of decline in the market value of
residential ABS/RMBS has slowed in recent months and remains
within the range Fitch anticipated when the Ballantyne Re
securities were last reviewed in December 2007. Fitch continues
to be concerned that the life insurance reserves on Ballantyne
Re's block of business have not yet reached their peak. If the
market values of Ballantyne Re's assets continue to decline as
its reserves continue to grow, there is increasing potential
that funds may not be available for payment of interest to the
class A-1 notes.
The 'AAA' ratings of Ballantyne Re's class A-2 floating-rate
guaranteed notes series B are not affected. The 'AA' ratings of
Ballantyne Re's class A-2 series A and its A-3 floating-rate
guaranteed notes are not affected and remain on Rating Watch
Negative. Those ratings are linked to the financial strength of
the relevant financial guarantors.
Ballantyne Re is a special purpose public limited company
incorporated and registered in Ireland. The company was
established for the limited purpose of entering into a
reinsurance agreement with Scottish Re (US) Inc., and conducting
activities related to the notes' issuance. Under the
reinsurance agreement, SRUS ceded a block of business to
Ballantyne Re. Ballantyne Re issued the notes to finance excess
reserve requirements under Regulation XXX for the ceded block of
business.
COLTRANE CLO: Fitch Cuts Ratings to "CC" on 4 Classes of Notes
--------------------------------------------------------------
Fitch Ratings has downgraded 4 classes of notes issued by
Coltrane CLO p.l.c. All classes remain on Rating Watch Negative
by Fitch. These rating actions are effective immediately:
-- EUR26,000,000 class B notes to 'CC' from 'CCC';
-- EUR45,000,000 class C notes to 'CC' from 'CCC';
-- EUR1,750,000 class D-1 notes to 'CC' from 'CCC';
-- EUR2,000,000 class D-2 notes to 'CC' from 'CCC'.
On Feb. 25, 2008, Fitch received notice that Coltrane CLO p.l.c.
had entered into an Event of Default as a result of a Threshold
Value Event which remained uncured for five business days.
Fitch has not received confirmation that the Controlling Class
or the Trustee plan to liquidate the underlying loan collateral
in the immediate near term. In the event that the Controlling
Class or the Trustee chooses to liquidate the underlying loan
collateral, subsequent rating action may be taken.
Of note, since the last rating action on Feb. 20, 2008 in which
Fitch downgraded 24 classes from nine total rate of return
collateralized loan obligations, loan prices in the secondary
market, as reported by the Loan Syndications and Trading
Association, have remained relatively stable, slightly
increasing to 86.84 as of Feb. 26, 2008 from 86.27 as of Feb.
15, 2008. As a result, the cushions in the transactions which
have not yet breached their TRS termination or liquidation
triggers remain relatively stable. Also, Fitch has confirmed
that three transactions have enacted amendments or entered into
agreements outside of the transaction to avoid breaching a
termination trigger, or to prevent a liquidation of the
portfolio in the case where a termination trigger has been
breached.
WELLMAN INC: Organizational Meeting Scheduled for March 10
----------------------------------------------------------
Diana G. Adams, the U.S. Trustee for Region 2, has scheduled an
organizational meeting of creditors in the Chapter 11 cases of
Wellman, Inc., and its debtor-affiliates, on March 10, 2008,
1:00 p.m. at the U.S. Trustee's Meeting Room, 80 Broad Street,
4th floor, in New York City.
The sole purpose of the meeting will be to form a committee or
committees of creditors in the Debtors' case.
The meeting is not a meeting of creditors pursuant to Section
341 of the Bankruptcy Code. A representative of the Debtor,
however, may attend the Organizational Meeting, and provide
background information regarding the bankruptcy cases.
Headquartered in Fort Mill, South Carolina, Wellman Inc. --
http://www.wellmaninc.com/-- manufactures and markets packaging
and engineering resins used in food and beverage packaging,
apparel, home furnishings and automobiles. They manufacture
resins and polyester staple fiber a three major production
facilities. Wellman has recycling facilities in the US,
Ireland, the Netherlands and France.
The company and its debtor-affiliates filed for Chapter 11
protection on Feb. 22, 2008 (Bankr. S.D. N.Y. Case No. 08-
10595). Jonathan S. Henes, Esq., at Kirkland & Ellis, LLP, in
New York City, represents the Debtors.
Wellman Inc., in its bankruptcy petition, listed total assets
of US$124,277,177 and total liabilities of US$600,084,885, as of
Dec. 31, 2007, on a stand-alone basis. Debtor-affiliate ALG,
Inc., listed assets between US$500 million and US$1 billion on a
stand-alone basis at the time of the bankruptcy filing.
Debtor-affiliates Fiber Industries Inc., Prince Inc., and
Wellman of Mississippi Inc., listed assets between US$100
million and US$500 million at the time of their bankruptcy
filings.
On a consolidated basis, Wellman Inc., and its debtor-affiliates
listed US$498,867,323 in assets and US$684,221,655 in
liabilities as of Jan. 31, 2008.
(Wellman Bankruptcy News, Issue No. 2; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000)
WELLMAN INC: Wants to Employ Lazard Freres as Financial Advisor
---------------------------------------------------------------
Wellman Inc. and its debtor-affiliates seek authority from the
U.S. Bankruptcy Court for the Southern District of New York to
employ Lazard Freres & Co. LLC, as their investment bankers and
financial advisors.
The Debtors selected Lazard because of its extensive experience
in providing high quality financial advisory and investment
banking services to debtors and creditors in Chapter 11 cases
and other restructuring.
The firm is also familiar with the Debtors' financial affairs,
debt structure, operations and related matters as a result of
the prepetition work performed on behalf of the Debtors.
As investment bankers and financial advisors, Lazard is expected
to:
(a) review and analyze the Debtors' business, operations and
financial projections;
(b) evaluate the Debtors' potential debt capacity in light of
its projected cash flows;
(c) assist in determining a capital structure for the Debtors;
(d) assist in the determination of a range of values for
the Debtors on a going concern basis;
(e) advise the Debtors on tactics and strategies for
negotiating with the stakeholders;
(f) rendering financial advice and participate in meetings or
negotiations with the stakeholders, rating agencies or