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, March 24, 2008, Vol. 9, No. 58
Headlines
A U S T R I A
AMOR BAU: Claims Registration Period Ends April 10
ROYAL FERTIGTEILHAUS: Claims Registration Period Ends March 25
SENI-TRADE: Claims Registration Period Ends April 22
TRADECOMMERCE HANDEL: Claims Registration Period Ends April 4
Z-BAU LLC: Claims Registration Period Ends April 10
B E L G I U M
FEDERAL-MOGUL: Professionals Bill US$323 Mil. in Fees & Expenses
F R A N C E
DELPHI CORP: Completes Rights Offering for 62,707,305 Shares
GECINA SA: Spain Okays Sanahuja’s Buy of Metrovacesa Shares
GECINA SA: Metrovacesa Separation Deal Cues S&P to Lower Ratings
GECINA SA: Shareholders Ordinary General Meet Set for April 22
LEAR CORP: S&P Puts Ratings on Neg. Watch on Extended AAM Strike
RHODIA SA: Chairman Nanot Resigns as Chairman of the Board
G E R M A N Y
A-B-BAU GMBH: Claims Registration Period Ends April 11
ACTIV-NET GMBH: Claims Registration Period Ends April 10
AUTO CREW: Claims Registration Period Ends April 11
AUTOHAUS PETERS: Claims Registration Period Ends April 10
BFD BETON: Claims Registration Ends April 11
EMBO TEXTILPRODUKTIONS: Claims Registration Period Ends April 11
FRANZ SANDMEIER: Claims Registration Period Ends April 10
GERGEN HOCH: Claims Registration Ends April 11
HOCHWALD TUERENWERK: Claims Registration Ends April 11
IKB DEUTSCHE: Board Halts Sale of Portfolio Investments
IKB DEUTSCHE: Fitch Cuts Ratings on Hybrid Securities to CC
JOLITZ GMBH: Claims Registration Period Ends April 10
KUECHEN OSKAR: Claims Registration Ends April 11
MICHAEL BOB: Claims Registration Ends April 11
PROVIDE-VR 2003-1: S&P Lowers Ratings on Class D and E Notes
SDP INGENIEURTECHNIK: Claims Registration Period Ends April 10
STANZ- U. UMFORMTECHNIK: Claims Registration Ends April 10
STRASSENBAUGESELLSCHAFT HOF: Claims Registration Ends April 11
UN POCO LOCO: Claims Registration Period Ends April 10
H U N G A R Y
GUESS? INC: Co-Founder Wins Legal Battle Against Christie's
I T A L Y
ALITALIA SPA: Silvio Berlusconi Calls for Italian Bidders
ALITALIA SPA: Silvio Berlusconi Likely to Veto Air France Deal
SEAT PAGINE: Earns EUR98.4 Million for Year-Ended 2007
SEAT PAGINE: Moody's Affirms Ratings & Says Outlook is Negative
SEAT PAGINE: S&P Puts BB- Rating on Negative CreditWatch
SEAT PAGINE: To Focus on Searching & Exploiting Online Business
TISCALI SPA: Posts EUR75.32 Million Net Loss for 2007
K A Z A K H S T A N
AK BOKEN-TARAZ: Creditors Must File Claims by April 18
BANK CENTERCREDIT: Moody's Says Kookmin Buy Won't Affect Ratings
HANSULTAN LLP: Claims Deadline Slated for April 18
HIMLES-TORG LLP: Claims Filing Period Ends April 18
JARDEM SYSTEM: Creditors' Claims Due on April 18
KAZKOMMERTSBANK: Earns KZT57.8 Bln in Year Ended Dec. 31, 2007
MEG TECH: Claims Registration Ends April 18
NARGIZ & CO: Creditors Must File Claims by April 18
OTAU KURYLYZ: Claims Deadline Slated for April 18
PAVLODARPLAST LLP: Claims Filing Period Ends April 18
TAT INVESTSTROY: Creditors' Claims Due on April 18
TAUELSIZDIGINE-10 GYL: Claims Registration Ends April 18
K Y R G Y Z S T A N
FLAMINGO LLC: Creditors' Meeting Slated for March 25
GRK ALA-TOO: Creditors' Meeting Slated for March 28
L U X E M B O U R G
EVRAZ GROUP: Calls Off Yuzhkuzbassugol-Raspadskaya Merger Talks
EVRAZ GROUP: Gennady Kozovoy Quits as Yuzhkuzbassugol CEO
P O L A N D
AMERICAN AXLE: Work Stoppage Prompts S&P's Negative Watch
SCO GROUP: Bankruptcy Court Sets April 21 as Claims Bar Date
R U S S I A
CAR ENTERPRISE: Creditors Must File Claims by May 1
COMSTAR-UNITED: Nikolai Maximenka to Head MGTS Unit
DAN CJSC: Creditors Must File Claims by April 1
EVRAZ GROUP: Calls Off Yuzhkuzbassugol-Raspadskaya Merger Talks
EVRAZ GROUP: Gennady Kozovoy Quits as Yuzhkuzbassugol CEO
FARM-GEO-COM: Court Names E. Shirova as Insolvency Manager
GOLDEN TELECOM: Earns US$152.6 Million in 2007
GRAIN-PRODUCT: Creditors Must File Claims by May 1
LEBEDYANSKY OJSC: Four Largest Shareholders Sell Stake to Pepsi
LEBEDYANSKY OJSC: Moody's Reviews Ratings on Pepsi Deal
LEBEDYANSKY OJSC: Revenue Ups 33% to US$944.8 Million in 2007
NISSAN CENTRE: Creditors Must File Claims by May 1
NOVOSIBIRSK CITY: Low Debt Prompts S&P to Upgrade Ratings
RUMBA S.A.: S&P Puts BB Rating on RUR682 Million Class B Notes
SPAS-DEMENSKIY LES-KHOZ-ZAG: Creditors Must File Claims by May 1
UREN’-SEL’-KHOZ-TEKHNIKA: Creditors Must File Claims by May 1
VARIANT-Z LLC: Court Names A. Kharkov as Insolvency Manager
S P A I N
GECINA SA: Spain Okays Sanahuja’s Buy of Metrovacesa Shares
GECINA SA: Metrovacesa Separation Deal Cues S&P to Lower Ratings
S W I T Z E R L A N D
BFZ HOLDING: Creditors' Liquidation Claims Due by March 26
ERNST WUTSCHERT: Creditors' Liquidation Claims Due by March 27
FULANO JSC: Creditors' Liquidation Claims Due by March 27
GARTEC LLC: Creditors' Liquidation Claims Due by March 27
HAGRA HANDEL: Creditors' Liquidation Claims Due by March 26
KASEREI VOGELSANG: Creditors' Liquidation Claims Due by March 26
QUALITRADE LLC: Creditors' Liquidation Claims Due by March 28
SMARTSTEP LLC: Creditors' Liquidation Claims Due by March 27
TANKSTELLE ALPENBLICK: Creditors' Must File Claims by March 27
TRENTON JSC: Creditors' Liquidation Claims Due by March 26
T U R K E Y
GLOBAL YATIRIM: Offers US$1.61 Billion for Baskent Natural
GLOBAL YATIRIM: Baskent Bid Prompts Fitch's Negative Watch
GLOBAL YATIRIM: New Board Members Appointed at Annual Meeting
U N I T E D K I N G D O M
ADP PAINTS: Taps Joint Administrators from Begbies Traynor
ADVANCE RECRUITMENT: Appoints Joint Administrators from Tenon
AIRBABES LTD: Appoints Martin Dominic Pickard as Liquidator
BEECHER LOAN: Fitch Withdraws Ratings on Class A and B Loans
BRITISH AIRWAYS: Increases Stake in Iberia Lineas to 13.15%
CAPITAL PARK: Brings In Liquidator from Vantis
DECO 11: S&P Puts Class F Notes' BB Rating Under Negative Watch
DEPOT PROPERTIES: Joint Liquidators Take Over Operations
DORSET PREMIER: Brings In Administrators from Tenon
DURA AUTOMOTIVE: Files Amended First Revised Chapter 11 Plan
DURA AUTO: Claims Treatment & Classification of Revised Plan
DURA AUTO: Unveils Financial Projections Under Revised Plan
GENERAL MOTORS: Extended AAM Strike Cues S&P’s Negative Watch
GAS-TEC LTD: Calls In Liquidators from Tenon Recovery
MISYS PLC: Unit Inks Merger Agreement with Allscripts
MYDDLETON CONSTRUCTION: Appoints PwC as Joint Administrators
NORTHERN ROCK: Clive Briault to Leave FSA in April
NORTHERN ROCK: Unite Opposes Compulsory Redundancy Plans
NOTTINGHAM TRADING: Taps Administrators from Begbies Traynor
PETROLEOS DE VENEZUELA: Wins Exxon Lawsuit
PETROLEOS DE VENEZUELA: CITGO Commends PDVSA on Lawsuit Victory
RESIDENTIAL MORTGAGE: Moody's Holds Ratings on 10 Note Classes
TRANSLUTION HOLDINGS: Hires Joint Administrators from Tenon
TRANSLUTION LTD: Brings In Tenon Recovery to Administer Assets
GAS-TEC LTD: Calls In Liquidators from Tenon Recovery
VONAGE HOLDINGS: Inks Settlement Agreement with Nortel
VOXSURF LTD: Names Joint Administrators from Baker Tilly
* BOND PRICING: For the Week March 17 to March 21, 2008
*********
=============
A U S T R I A
=============
AMOR BAU: Claims Registration Period Ends April 10
--------------------------------------------------
Creditors owed money by LLC AMOR Bau (FN 195685y) have until
April 10, 2008, to file written proofs of claim to court-
appointed estate administrator Judith Eisenberg-Mirecki at:
Mag. Judith Eisenberg-Mirecki
Reisnerstrasse 25/2
1030 Vienna
Austria
Tel: 714 82 44
Fax: 714 82 44
E-mail: ra.eisenberg-mirecki@aon.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on april 24, 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 Feb. 19, 2008 (Bankr. Case No. 5 S 16/08z).
ROYAL FERTIGTEILHAUS: Claims Registration Period Ends March 25
--------------------------------------------------------------
Creditors owed money by LLC Royal Fertigteilhaus (FN 278125h)
have until March 25, 2008, to file written proofs of claim to
court-appointed estate administrator Gerhard Kurt Kochwalter at:
Dr. Gerhard Kurt Kochwalter
Alter Platz 25/III
9020 Klagenfurt
Austria
Tel: 0463/56 122
Fax: 0463/56 1 22-15
E-mail: kochw@chello.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 10:30 a.m. on March 31, 2008, for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Klagenfurt
Meeting Room 225
Second Floor
Klagenfurt
Austria
Headquartered in Klagenfurt, Austria, the Debtor declared
bankruptcy on Feb. 18, 2008 (Bankr. Case No. 41 S 12/08z).
SENI-TRADE: Claims Registration Period Ends April 22
----------------------------------------------------
Creditors owed money by LLC SENI-TRADE (FN 262664x) have until
April 22, 2008, to file written proofs of claim to court-
appointed estate administrator Markus Siebinger at:
Mag. Markus Siebinger
c/o Dr. Karl Schirl
Krugerstrasse 17/3
1010 Vienna
Austria
Tel: 513 22 31
Fax: 513 22 31 1
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 12:15 p.m. on May 6, 2008, for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1701
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Feb. 19, 2008 (Bankr. Case No. 6 S 30/08s). Karl Schirl
represents Mag. Siebinger in the bankruptcy proceedings.
TRADECOMMERCE HANDEL: Claims Registration Period Ends April 4
-------------------------------------------------------------
Creditors owed money by LLC Tradecommerce Handel & Construction
(FN 287481t) have until April 4, 2008, to file written proofs of
claim to court-appointed estate administrator Wolfgang Herzer
at:
Mag. Wolfgang Herzer
Schuettelstrasse 55
1020 Vienna
Austria
Tel: 72 577
Fax: 72 577 77
E-mail: wolfgang.herzer@blw-legal.com
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on April 18, 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 Feb. 19, 2008 (Bankr. Case No. 28 S 27/08m).
Z-BAU LLC: Claims Registration Period Ends April 10
---------------------------------------------------
Creditors owed money by LLC Z-Bau (FN 233689k) have until
April 10, 2008, to file written proofs of claim to court-
appointed estate administrator Bernhard Eder at:
Dr. Bernhard Eder
c/o Dr. Herbert Hochegger
Brucknerstrasse 4
1040 Vienna
Austria
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 10:15 a.m. on April 24, 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 Feb. 19, 2008 (Bankr. Case No. 5 S 17/08x). Herbert
Hochegger represents Dr. Eder in the bankruptcy proceedings.
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B E L G I U M
=============
FEDERAL-MOGUL: Professionals Bill US$323 Mil. in Fees & Expenses
----------------------------------------------------------------
Thirty-three professionals have sought final allowance of their
fees and expenses incurred in Federal-Mogul Corp. and its
debtor-affiliates' bankruptcy cases:
Final
Professional Fee Period Fees Expenses
------------ ---------- ---- --------
11/18/02 -
AlixPartners, LLP 12/27/07 US$5,517,712 US$34,839
Analysis, Research, & 01/16/02 -
Planning Corp. 12/27/07 4,383,484 29,992
Anderson, Kill & 02/20/03 -
Olick, P.C. 12/27/07 1,805,826 62,070
05/01/07 -
Baker & McKenzie LLP 12/27/07 530,218 7,116
10/23/01 -
Bayard, P.A. 12/27/07 1,364,465 218,176
12/13/02 -
Bederson & Company, LLP 12/27/07 3,493,141 37,333
06/17/02 -
Bifferato Gentilotti LLC 12/27/07 211,428 78,687
Bilzin Sumberg Baena 11/17/03 -
Price & Axelrod LLP 10/31/04 182,971 23,265
11/13/01 -
Campbell & Levine, LLC 12/27/07 1,306,504 188,782
Caplin & Drysdale, 11/13/01 -
Chartered 02/07/08 8,854,961 635,299
Deloitte Financial 07/11/02 -
Advisory Services LLP 12/27/07 2,181,374 19,805
10/01/01 -
Dykema Gossett PLLC 12/27/07 4,543,701 86,146
11/13/01 -
Elizabeth Warren 12/27/07 2,531 -
02/11/02 -
Eric D. Green 12/27/07 752,886 45,057
10/01/01 -
Ernst & Young LLP 12/28/07 40,339,616 1,058,947
Ferry, Joseph & 11/06/03 -
Pearce, P.A. 12/27/07 518,993 53,931
09/01/02 -
FTI Consulting, Inc. 12/27/07 1,991,634 50,524
10/01/01 -
Gilbert Randolph, LLP 12/27/07 9,134,237 504,449
01/14/02 -
Hanly & Conroy LLP 12/27/07 5,149,916 307,992
02/19/02 -
Herbert Smith LLP 12/27/07 3,174,253 182,914
12/03/03 -
J.H. Cohn LLP 12/27/07 894,238 14,212
09/18/06 -
Killian & Salisbury, P.C. 12/27/07 32,945 5,321
Legal Analysis 12/01/01 -
Systems, Inc. 12/27/07 1,830,547 81,127
01/23/02 -
Lovells, Inc. 12/27/07 7,474,452 831,206
Pachulski Stang 10/01/01 -
Ziehl & Jones LLP 12/27/07 3,000,578 3,097,847
10/01/01 -
PricewaterhouseCoopers LLP 12/27/07 14,859,721 1,347,569
05/01/02 -
Resolutions, LLC 12/27/07 458,462 35,467
10/01/01 -
Rothschild Inc. 09/30/03 4,800,000 362,857
11/09/01 -
Sidley Austin LLP 12/27/07 101,991,251 5,689,097
Sonnenschein Nath & 10/23/01 -
Rosenthal LLP 12/27/07 30,748,517 1,132,742
05/08/06 -
The Kenesis Group, LLC 12/27/07 3,217,501 27,392
06/01/04 -
Weil, Gotshal & Manges LLP 12/27/07 3,312,299 319,327
Young Conaway Stargatt & 01/07/02 -
Taylor, LLP 12/27/07 12,102,382 1,966,023
Bell, Boyd & Lloyd LLP also seeks payment of US$6,109,055 for
its fees and expenses during the period from June 17, 2002,
through Dec. 27, 2007. In addition, Jefferies & Company, Inc.,
asks the Court to award it US$19,145,389 for its fees and
expenses for the period from Oct. 26, 2001, through
Dec. 27, 2007.
The Professionals' fees and expenses total approximately
US$323,952,000.
The Official Committee of Asbestos Property Damage Claimants
also seeks reimbursement of US$41,592 for the actual and
necessary expenses incurred by its committee members for the
period from Oct. 23, 2001, through Dec. 27, 2007. The costs and
expenses incurred by the Asbestos Committee Members are in
connection with committee meetings that were actual and
necessary to the preservation of the Reorganized Debtors'
Chapter 11 estates, Kathleen Campbell Davis, Esq., at Campbell &
Levine, LLC, in Wilmington, Delaware, avers.
The Reorganized Debtors hired AlixPartners, Dykema Gossett,
Ernst & Young, FTI Consulting, Gilbert Randolph, Hanly & Conroy,
Kenesis, Killian & Salisbury, Pachulski Stang, PwC, Rothschild,
and Sidley Austin.
The Official Committee of Unsecured Creditors retained
Sonnenschein Nath, as counsel; Bayard, as co-counsel; and
Jefferies & Co., as financial advisor.
Baker & McKenzie, Bell Boyd and Bifferato Gentilotti act as
counsel to the Official Committee of Equity Security Holders.
Deloitte FAS serves as the Equity Committee' financial advisor.
Anderson Kill, Bilzin Sumberg, Campbell & Levine, Caplin &
Drysdale, Ferry Joseph, J.H. Cohn, Legal Analysis, Lovells, Ms.
Warren, and Weil Gotshal were retained by the Asbestos
Committee.
Eric D. Green is the legal representative for Future Asbestos
Claimants. As the Futures Representative, Mr. Green is
responsible for protecting the rights of all entities who have
not asserted asbestos-related claims against the Debtors prior
to the confirmation of the Plan of Reorganization but properly
assert Demands, as that term is defined in Section 524(g)(5) of
the Code, subsequent to the order confirming the Plan. Mr.
Green, with the assistance of Analysis Research, Bederson & Co.,
Herbert Smith, Resolutions, and Young Conaway, has investigated
the Reorganized Debtors' acts, conduct, and property on a
regular basis, including matters in connection with the
operation and reorganization of the Debtors' businesses.
Federal-Mogul Corporation -- http://www.federal-mogul.com/--
(OTCBB: FDMLQ) is a global supplier, serving the world's
foremost original equipment manufacturers of automotive, light
commercial, heavy-duty, agricultural, marine, rail, off-road and
industrial vehicles, as well as the worldwide aftermarket.
Founded in Detroit in 1899, the company is headquartered in
Southfield, Michigan, and employs 45,000 people in 35 countries.
Aside from the U.S., Federal-Mogul also has operations in other
locations which includes, among others, Mexico, Malaysia,
Australia, Belgium, China, India, Japan, Korea, Poland,
Thailand, among others.
The Company filed for chapter 11 protection on Oct. 1, 2001
(Bankr. Del. Case No. 01-10582). Lawrence J. Nyhan Esq., James
F. Conlan Esq., and Kevin T. Lantry Esq., at Sidley Austin Brown
& Wood, and Laura Davis Jones Esq., at Pachulski, Stang, Ziehl &
Jones, P.C., represent the Debtors in their restructuring
efforts. When the Debtors filed for protection from their
creditors, they listed US$10.15 billion in assets and US$8.86
billion in liabilities. Federal-Mogul Corp.'s U.K. affiliate,
Turner & Newall, is based at Dudley Hill, Bradford. Peter D.
Wolfson, Esq., at Sonnenschein Nath & Rosenthal; and Charlene D.
Davis, Esq., Ashley B. Stitzer, Esq., and Eric M. Sutty, Esq.,
at The Bayard Firm, represent the Official Committee of
Unsecured Creditors.
On March 7, 2003, the Debtors filed their Joint Chapter 11 Plan.
They submitted a Disclosure Statement explaining that plan on
April 21, 2003. They submitted several amendments and on
June 6, 2004, the Bankruptcy Court approved the Third Amended
Disclosure Statement for their Third Amended Plan. On
July 28, 2004, the District Court approved the Disclosure
Statement. The estimation hearing began on June 14, 2005. The
Debtors submitted a Fourth Amended Plan and Disclosure Statement
on Nov. 21, 2006, and the Bankruptcy Court approved that
Disclosure Statement on Feb. 6, 2007. The Fourth Amended Plan
was confirmed by the Bankruptcy Court on Nov. 8, 2007, and
affirmed by the District Court on Nov. 14. Federal-Mogul
emerged from Chapter 11 on Dec. 27, 2007.
* * *
In January 2008, Moody's Investors Service’s confirmed the
ratings of the reorganized Federal-Mogul Corporation --
Corporate Family Rating, Ba3; Probability of Default Rating,
Ba3; and senior secured bank credit facilities, Ba2. Moody’s
said the outlook is stable.
At the same time, Standard & Poor's Ratings Services assigned
its 'BB-' corporate credit rating to Federal-Mogul following the
company's emergence from Chapter 11 on Dec. 27, 2007. S&P said
the outlook is stable.
===========
F R A N C E
===========
DELPHI CORP: Completes Rights Offering for 62,707,305 Shares
------------------------------------------------------------
Delphi Corp.'s registration statement regarding subscription
rights and warrants to purchase shares of common stock in
Reorganized Delphi became effective on March 11, 2008.
Prior to the Effective Date of its confirmed Plan of
Reorganization, Delphi will initiate a sale and offer of
subscription rights to purchase up to 62,707,305 of Reorganized
Delphi common stock.
After the Effective Date of the Plan, Reorganized Delphi will
sell warrants to purchase up to 15,384,616 shares of the
company's common stock. The warrants are immediately
exercisable from and after the date of issuance until the six-
month anniversary of the date of issuance.
A full-text copy of Delphi's Registration Statement filed with
the U.S. Securities and Exchange Commission is available at:
http://ResearchArchives.com/t/s?2944
Rights Offering
The Rights Offering is comprised of a Par Rights Offering and a
Discount Rights Offering.
Under the Par Rights Offering, each holder of Delphi common
stock will receive, for each 26 shares of common stock owned of
record at 5:00 p.m., New York City time, on Jan. 17, 2008, one
nontransferable right to purchase one share of Reorganized
Delphi common stock for US$59.61 in cash. Fractional par rights
will not be issued.
Under the Discount Rights Offering, holders of allowed General
Unsecured Claims, Section 510(b) Note Claims, Section 510(b)
Equity Claims, or Section 510(b) ERISA Claims, as those claims
are defined in the Plan, will receive, for each US$99.07 of
their claim, one transferable right to purchase one share of
Reorganized Delphi common stock for US$38.39 in cash.
To the extent that Delphi's provisional claim allowance or
estimation results in a particular claimholder receiving more
discount rights than what the claimholder should have received
based on the ultimate allowed amount of its claim, and those
excess discount rights are transferred or exercised, Delphi, in
its sole discretion:
(a) will withhold an amount of Reorganized Delphi common
stock equal to the value of the Excess Discount Rights
from the Overpaid Eligible Holder's ultimate
distribution; or
(b) require the Overpaid Eligible Holder to return the value
of the Excess Discount Rights.
To the extent Delphi's provisional claim allowance or estimation
results in a particular claimholder receiving fewer discount
rights than it should have received based on the ultimate
allowed amount of its claim, no subsequent adjustment will be
made in respect of the claimholder's Claim.
Each discount right entitles a claimholder who fully exercise
its basic subscription privilege to subscribe, prior to the
expiration date of the Discount Rights Offering, for additional
shares of Reorganized Delphi common stock at an exercise price
of US$38.64 per full share. If an insufficient number of shares
are available to fully satisfy Oversubscription Privilege
requests, the available shares, if any, will be allocated pro
rata among the applicants. If there is a pro rata allocation of
the remaining shares and an applicant receives an larger
allocation than it subscribed for under its Oversubscription
Privilege, Reorganized Delphi will issue the number of shares
subscribed and allocate the remaining shares pro rata among the
remaining applicants.
There is no Oversubscription Privilege in the Par Rights
Offering.
The Par Rights and Discount Rights will expire at 5:00 p.m., New
York City time, on March 31, 2008.
Appaloosa Management L.P. and the other Plan Investors have
agreed to backstop the Discount Rights Offering, on the terms
and subject to the conditions of their New Equity Purchase and
Commitment Agreement with the Debtors. Pursuant to the Backstop
Agreement, the Plan Investors will purchase, for the US$38.39 in
cash per full share, any shares that are not purchased pursuant
to the exercise of Discount Rights.
The Plan Investors' Backstop Agreement does not apply to the Par
Rights Offering. If all of the Par Rights are not exercised in
the Par Rights Offering, the remaining shares of Reorganized
Delphi common stock will be issued to certain creditors in
partial satisfaction of their claims.
Use of Proceeds
The Rights Offering is conducted to raise a portion of the funds
necessary to consummate the Plan, Rodney O'Neal, Delphi Corp.'s
chief executive officer and president, related in Delphi's
Registration Statement.
On the Effective Date of the Plan, all existing shares of
Delphi's common stock, and any options, warrants, rights to
purchase shares of Delphi common stock or other outstanding
equity securities will be canceled. On or shortly after the
Effective Date, Reorganized Delphi will make the distributions
provided for in the Plan, including issuing the shares of new
common stock for which Par Rights and Discount Rights are
exercised in the Rights Offerings.
On the Effective Date, Reorganized Delphi will have up to
160,124,155 shares of common stock outstanding assuming:
(1) the conversion of up to 35,381,155 shares of Convertible
Preferred Stock;
(2) no exercise of Par Rights and exercise in full of
Discount Rights or the Plan Investors' Backstop Agreement
regarding the Discount Rights Offering;
(3) the exercise in full of six-month warrants, seven-year
warrants and ten-year warrants that are initially
exercisable for the purchase of up to 25,113,275 shares
of Reorganized Delphi common stock; and
(4) the issuance of 17,237,418 shares of Reorganized Delphi
common stock to creditors in respect of Trade and Other
Unsecured Claims, aggregating approximately
US$1,310,000,000.
Assuming that all Par Rights are exercised, Delphi anticipates
receiving up to US$2,900,000,000 in gross proceeds from the
Rights Offerings before deducting fees, including the Plan
Investors' backstop commitment fee, and expenses related to the
rights offerings:
* US$1,600,000,000 from the Discount Rights Offering; and
* US$1,300,000,000 from the Par Rights Offering.
If any shares of Reorganized Delphi common stock are purchased
pursuant to the exercise of Oversubscription Privileges in the
Discount Rights Offering, Reorganized Delphi will receive
additional gross proceeds of US$0.25 per Oversubscription
Privilege share, Mr. O'Neal disclosed.
Delphi intends to use the net proceeds from the Rights Offering
to make payments and distributions contemplated by the Plan and
for general corporate purposes. The net proceeds from the
Discount Rights Offering will be used for general corporate
purposes, Mr. O'Neal elaborated. On the other hand, the net
proceeds from the Par Rights Offering will be used to (i)
satisfy certain liquidity requirements and claims asserted by
the Debtors' labor unions; (ii) reduce the amount of preferred
stock distributed to General Motors Corp.; and (iii) partially
satisfy certain unsecured creditors' claims.
As of March 10, 2008, the Appaloosa Plan Investors and their
affiliates beneficially owned 125,739,448 shares, or 22.3%, of
Delphi's existing common stock.
Headquartered in Troy, Michigan, Delphi Corporation (PINKSHEETS:
DPHIQ) -- http://www.delphi.com/-- is the single supplier of
vehicle electronics, transportation components, integrated
systems and modules, and other electronic technology. The
company's technology and products are present in more than 75
million vehicles on the road worldwide. Delphi has regional
headquarters in Japan, Brazil and France.
The company filed for chapter 11 protection on Oct. 8, 2005
(Bankr. S.D.N.Y. Lead Case No. 05-44481). John Wm. Butler Jr.,
Esq., John K. Lyons, Esq., and Ron E. Meisler, Esq., at Skadden,
Arps, Slate, Meagher & Flom LLP, represent the Debtors in their
restructuring efforts. Robert J. Rosenberg, Esq., Mitchell A.
Seider, Esq., and Mark A. Broude, Esq., at Latham & Watkins LLP,
represents the Official Committee of Unsecured Creditors. As of
March 31, 2007, the Debtors' balance sheet showed
US$11,446,000,000 in total assets and US$23,851,000,000 in total
debts.
The Court approved Delphi's First Amended Joint Disclosure
Statement and related solicitation procedures for the
solicitation of votes on the First Amended Plan on
Dec. 20, 2007. The Court confirmed the Debtors' First Amended
Plan on Jan. 25, 2008.
(Delphi Bankruptcy News, Issue No. 117; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000)
* * *
As reported in the Troubled Company Reporter-Europe on March 17,
2008, Moody's Investors Service affirmed Delphi Corp.'s
Corporate Family Rating of (P)B2 but revised the rating on the
company's US$3.7 billon of first lien term loans. Moody's also
affirmed Delphi's (P)B3 rating on the company's proposed
US$825 million of second lien term loans and its Speculative
Grade Liquidity rating of SGL-2.
The actions, Moody’s said, follow revisions to Delphi's
financing arranged for its planned emergence from Chapter 11
bankruptcy protection.
Moody’s also revised the ratings on Delphi Holdings Luxembourg
S.ar.l.’s Euro equivalent of US$200 million first lien term
loan, tranche B-1, guaranteed by Delphi Corporation to (P)Ba2
(LGD-2, 17%) from (P)Ba3 (LGD-2, 26%).
GECINA SA: Spain Okays Sanahuja’s Buy of Metrovacesa Shares
-----------------------------------------------------------
Spanish stock regulators gave its approval on March 12, 2008,
for the Sanahuja family to acquire shares in Metrovacesa that it
doesn’t own, Reuters reports. With the approval, the company is
now one step closer into being broken up in different French and
Spanish operations.
The Sanahuja family offered to purchase 13.37% of the company at
EUR83.21 per share.
The company, according to Reuters, now only needs the approval
of regulators from France. Once French regulators approve the
transfer of shares from Gecine to Metrovacesa, Gecine will now
be run by the family of Juan Bautista Soler, as well as,
Chairman Joaquin Rivero, Reuters adds.
Regulators from France, Reuters discloses, had taken the case to
courts alleging that both Rivero and Soler had worked in
collusion to increase their investment in Gecina.
Headquartered in Paris, France, Gecina SA --
http://www.gecina.fr/-- (Paris:GFC) is a real estate investment
trust primarily engaged in the rental of commercial and
residential buildings. The company is structured in three
business divisions, including Strategic Development, Commercial
real estate and Residential real estate. Through its divisions,
Gecina SA manages and develops a portfolio of assets, comprising
of offices, residential buildings, healthcare facilities,
logistic estate and hotels. The majority of the company's
properties are located in Paris and the Parisian suburbs, with a
small percentage located in Lyon and other areas.
GECINA SA: Metrovacesa Separation Deal Cues S&P to Lower Ratings
----------------------------------------------------------------
Standard & Poor's Ratings Services lowered its long- and short-
term corporate credit ratings on French property company Gecina
to 'BB+/B' from 'BBB-/A-3'. At the same time, the ratings were
removed from CreditWatch with negative implications, where they
had originally been placed on July 28, 2006. The outlook is
negative.
The ratings on the unsecured debt remain unchanged at 'BBB-' and
remain on CreditWatch with negative implications until S&P
assigns a recovery rating and a final rating. Given the
unsecured nature of the instruments and related French
jurisdiction, the issue ratings could either be one notch higher
than or in line with the corporate credit rating.
"The downgrade reflects ongoing uncertainties surrounding
Gecina's separation agreement with Metrovacesa S.A.," said
Standard & Poor's credit analyst Pierre Georges.
These include key unknowns such as Gecina's future shareholding
structure and any ultimate repercussions on its risk profile.
The separation is also taking longer than expected. These
factors, combined with the current challenging financial market
conditions, translate into reduced or more expensive access to
capital sources, which in turn may negatively affect Gecina's
credit metrics and financial flexibility.
"The negative outlook reflects further possible ratings pressure
if there is any deterioration in the group's liquidity position,
and/or any negative business or financial implications from the
outcome of the ongoing separation process and of the appeal
against the regulator's decision," said Mr. Georges.
S&P could lower the ratings if a full takeover bid is launched;
if financing risks increase further; or in the case of a large
acquisition. When and if Gecina's shareholding structure
finally stabilizes and financial flexibility improves, S&P could
revise the outlook back to stable.
GECINA SA: Shareholders Ordinary General Meet Set for April 22
--------------------------------------------------------------
The shareholders of GECINA are invited to attend an Ordinary
General Meeting to be held at 9:30 a.m. on April 22, 2008. The
meeting will be held at Palais des Congres, Level 3 –
Amphitheatre Bordeaux 2, place de la Porte Maillot in Paris,
France.
The company will be sending the correspondence and proxy voting
forms out directly to all shareholders.
The preparatory documents for the Meeting will be available to
shareholders and/or sent out on request in accordance with the
legislative and regulatory provisions applicable, with written
requests to be sent to the company’s registered office or faxed
to +33 1 40 40 64 81.
The General Meeting will notably be giving its opinion on the
payment of a dividend of EUR5.01 per share for 2007, to be paid
out on April 28th, 2008, and not April 25th as had been
indicated previously.
Headquartered in Paris, France, Gecina SA --
http://www.gecina.fr/-- (Paris:GFC) is a real estate investment
trust primarily engaged in the rental of commercial and
residential buildings. The company is structured in three
business divisions, including Strategic Development, Commercial
real estate and Residential real estate. Through its divisions,
Gecina SA manages and develops a portfolio of assets, comprising
of offices, residential buildings, healthcare facilities,
logistic estate and hotels. The majority of the company's
properties are located in Paris and the Parisian suburbs, with a
small percentage located in Lyon and other areas.
LEAR CORP: S&P Puts Ratings on Neg. Watch on Extended AAM Strike
----------------------------------------------------------------
Standard & Poor's Ratings Services placed the ratings on General
Motors Corp., American Axle & Manufacturing Holdings Inc., Lear
Corp., and Tenneco Inc. on CreditWatch with negative
implications. The CreditWatch placement reflects S&P's
decision to review the ratings in light of the extended American
Axle (BB/Watch Neg/--) strike.
The work stoppage that began Feb. 25 at American Axle's U.S.
United Auto Workers plants has forced closure of many GM
(B/Watch Neg/--) plants, as well as plants of certain GM
suppliers. The strike began after the expiration of the four-
year master labor agreement with American Axle. Although S&P
still expect American Axle and the UAW to reach an agreement
that will reflect more competitive labor costs, the timing is
unknown. The two sides resumed negotiations last week.
"We believe the strike has gone on long enough to possibly begin
to affect the financial resources of GM and those suppliers most
exposed to the automaker," said Standard & Poor's credit analyst
Robert Schulz.
To resolve the CreditWatch listings, Standard & Poor's will
assess the strike's impact on the companies' credit profiles,
particularly liquidity, once production resumes. S&P could
lower the ratings any time prior to a resolution of the Axle
strike if the liquidity of the companies becomes compromised,
although downgrades are not likely for another several weeks.
Based in Southfield, Michigan, Lear Corporation (NYSE:LEA) --
http://www.lear.com/-- supplies automotive interior systems and
components. Lear provides complete seat systems, electronic
products and electrical distribution systems and other interior
products. The company has more than 90,000 employees at 236
facilities in 33 countries.
Lear operates in Europe (France, Czech Republic, United Kingdom,
France, Germany, Hungary, Poland, Portugal, Romania, Russia,
Slovakia, Spain, Sweden), Latin America (Argentina, Mexico, and
Venezuela), and Asia (Singapore, China, India, Japan,
Philippines, South Korea, and Thailand).
Lear carries B+ Long-Term Foreign and Local Issuer Credit
ratings from Standard & Poor's.
RHODIA SA: Chairman Nanot Resigns as Chairman of the Board
----------------------------------------------------------
Yves-Rene Nanot resigned as chairman of the Rhodia S.A.'s board
on March 17, 2008, in accordance with provisions of Rhodia's by-
laws concerning the age limit for chairmen.
The board also decided to combine the functions of chairman and
chief executive officer to streamline decision-making and
accountability. The board also wanted to extend the
responsibilities of the compensation and appointments committee
to governance issues, to maintain the group's outstanding
corporate governance practices.
In this context, the board decided to appoint Jean-Pierre
Clamadieu chairman and chief executive officer of Rhodia,
thereby expressing its confidence in his ability to pursue
implementation of the group’s profitable growth strategy.
Mr. Clamadieu has been CEO of the Rhodia Group since October
2003. Between 1993 and 2003 he held several executive positions
in the group, as President of Rhodia Chemicals, Latin America,
President of the Eco Services Business, Senior Vice-President,
Corporate Purchasing and President of the Pharmaceuticals &
Agrochemicals Division.
About Rhodia
Headquartered in Paris, France, Rhodia S.A. (NYSE: RHA)
-- http://www.rhodia.com/-- is a global specialty chemicals
company partnering with major players in the automotive,
electronics, pharmaceuticals, agrochemicals, consumer care,
tires, and paints and coatings markets. Rhodia offers tailor-
made solutions combining original molecules and technologies to
respond to customers' needs. The group generated sales of
EUR4.8 billion in 2006 and employs around 16,000 people
worldwide.
Rhodia is listed on Euronext Paris and the New York Stock
Exchange. The company has operations in Brazil.
* * *
As of Feb. 19, 2008, Rhodia S.A. carries Moody's long-term
corporate family rating of Ba3 and senior unsecured debt rating
of B1 with positive outlook.
The company also carries Standard & Poor's BB- long-term foreign
and local issuer credit ratings, and B short-term foreign and
local issuer credit ratings. The ratings outlook is stable.
Fitch Ratings assigned long-term issuer default rating at BB-
and senior unsecured debt rating at BB- with outlook positive.
=============
G E R M A N Y
=============
A-B-BAU GMBH: Claims Registration Period Ends April 11
------------------------------------------------------
Creditors of A-B-Bau GmbH have until April 11, 2008, to register
their claims with court-appointed insolvency manager Knut
Rebholz.
Creditors and other interested parties are encouraged to attend
the meeting at 11:05 a.m. on April 25, 2008, at which time the
insolvency manager will verify the claims set out in his report.
The meeting of creditors will be held at:
The District Court of Cloppenburg
Hall 6
Hauptgebaude
Burgstrasse 9
49661 Cloppenburg
Germany
The insolvency manager can be reached at:
Hermann Berding
Jammertal 1
49661 Cloppenburg
Germany
Tel: 04471/9126-0
Fax: 04471/82997
The District Court of Cloppenburg opened bankruptcy proceedings
against A-B-Bau GmbH on Feb. 1, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
A-B-Bau GmbH
Attn: Alfons Brueggehagen, Manager
Antoniusstr. 8
49696 Molbergen
Germany
ACTIV-NET GMBH: Claims Registration Period Ends April 10
--------------------------------------------------------
Creditors of Activ-net GmbH & Co. KG have until April 10, 2008,
to register their claims with court-appointed insolvency manager
Manfred Gottschalk.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on May 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 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:
Manfred Gottschalk
Kirchender Dorfweg 14
58313 Herdecke
Germany
The District Court of Bochum opened bankruptcy proceedings
against Activ-net GmbH & Co. KG on Feb. 22, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Activ-net GmbH & Co. KG
Konrad-Zuse-Str. 4
44801 Bochum
Germany
AUTO CREW: Claims Registration Period Ends April 11
---------------------------------------------------
Creditors of Auto Crew Riedel GmbH have until April 11, 2008, to
register their claims with court-appointed insolvency manager
Christian Graf Brockdorff.
Creditors and other interested parties are encouraged to attend
the meeting at 11:30 a.m. on June 4, 2008, at which time the
insolvency manager will verify the claims set out in his report.
The meeting of creditors will be held at:
The District Court of Charlottenburg
Hall 218
Second Floor
Amtsgerichtsplatz 1
14057 Berlin
Germany
The insolvency manager can be reached at:
Christian Graf Brockdorff
Friedrich-Ebert-Str. 36
14469 Potsdam
Germany
The District Court of Charlottenburg opened bankruptcy
proceedings against Auto Crew Riedel GmbH on Jan. 14, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Auto Crew Riedel GmbH
Berliner Allee 246
13088 Berlin
Germany
AUTOHAUS PETERS: Claims Registration Period Ends April 10
---------------------------------------------------------
Creditors of Autohaus Peters GmbH have until April 10, 2008, to
register their claims with court-appointed insolvency manager
Karina Schwarz.
Creditors and other interested parties are encouraged to attend
the meeting at 9:50 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 Magdeburg
Hall D
Insolvency Department
Liebknechtstrasse 65-91
39110 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:
Karina Schwarz
Klausenerstr. 24
39112 Magdeburg
Germany
Tel: 0391/6286260
Fax: 0391/ 6286266
E-mail: magdeburg@Rechtsanwaelte-Schwarz.de
The District Court of Magdeburg opened bankruptcy proceedings
against Autohaus Peters GmbH on March 1, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Autohaus Peters GmbH
Helmstedter Chaussee 29
39130 Magdeburg
Germany
BFD BETON: Claims Registration Ends April 11
--------------------------------------------
Creditors of BFD Beton-und Fertigteiltechnik Duderstadt GmbH
have until April 11, 2008 to register their claims with court-
appointed insolvency manager Burghard Wegener.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on April 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 Goettingen
Hall B11
Berliner Strasse 8
37073 Goettingen
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:
Burghard Wegener
Obere Karspuele 36, D
37073 Goettingen
Germany
Tel: 0551/9003660
Fax: 0551/90036629
The District Court of Goettingen opened bankruptcy proceedings
against BFD Beton-und Fertigteiltechnik Duderstadt GmbH on
Feb. 1, 2008. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
BFD Beton-und Fertigteiltechnik Duderstadt GmbH
Attn: Karl Heine, Manager
Industriestrasse 68
37115 Duderstadt
Germany
EMBO TEXTILPRODUKTIONS: Claims Registration Period Ends April 11
----------------------------------------------------------------
Creditors of EMBO Textilproduktionsgesellschaft mbH & Co. KG
have until April 11, 2008, to register their claims with court-
appointed insolvency manager Knut Rebholz.
Creditors and other interested parties are encouraged to attend
the meeting at 10:10 a.m. on June 12, 2008, at which time the
insolvency manager will verify the claims set out in his report.
The meeting of creditors will be held at:
The District Court of Charlottenburg
Hall 218
Second Floor
Amtsgerichtsplatz 1
14057 Berlin
Germany
The insolvency manager can be reached at:
Knut Rebholz
Cicerostr. 22
10709 Berlin
Germany
The District Court of Charlottenburg opened bankruptcy
proceedings against EMBO Textilproduktionsgesellschaft mbH & Co.
KG on Jan. 16, 2008. Consequently, all pending proceedings
against the company have been automatically stayed.
The Debtor can be reached at:
EMBO Textilproduktionsgesellschaft mbH & Co. KG
Stieffring 2
13627 Berlin
Germany
FRANZ SANDMEIER: Claims Registration Period Ends April 10
---------------------------------------------------------
Creditors of Franz Sandmeier Mineraloel GmbH have until
April 10, 2008, to register their claims with court-appointed
insolvency manager Stephan Jaeger.
Creditors and other interested parties are encouraged to attend
the meeting at 9:30 a.m. on May 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 Munich
Meeting Hall 102
Infanteriestr. 5
80097 Munich
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Stephan Jaeger
Leopoldstr. 139
80804 Munich
Germany
Tel: 089/361930-750
Fax: 089/361930-999
The District Court of Munich opened bankruptcy proceedings
against Franz Sandmeier Mineraloel GmbH on March 1, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Franz Sandmeier Mineraloel GmbH
Fuerstenfelder Str. 7
85232 Bergkirchen
Germany
GERGEN HOCH: Claims Registration Ends April 11
----------------------------------------------
Creditors of Gergen Hoch- und Tiefbau GmbH & Co. KG have until
April 11, 2008 to register their claims with court-appointed
insolvency manager Udo Groener.
Creditors and other interested parties are encouraged to attend
the meeting at 9:15 a.m. on April 15, 2008, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Saarbruecken
Meeting Hall 13
First Floor
Vopeliusstrasse 2
66280 Sulzbach
Germany
The Court will verify the claims set out in the insolvency
manager's report at 8:35 a.m. on May 13, 2008, while creditors
may constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Udo Groener
Faktoreistrasse 4
66111 Saarbruecken
Germany
Tel: 0681/41010
Fax: 0681/ 4101 276
The District Court of Saarbruecken opened bankruptcy proceedings
against Gergen Hoch- und Tiefbau GmbH & Co. KG on March 1,
2008. Consequently, all pending proceedings against the company
have been automatically stayed.
The Debtor can be reached at:
Gergen Hoch- und Tiefbau GmbH & Co. KG
Alfred-Nobel-Strasse 10
66793 Saarwellingen
Germany
HOCHWALD TUERENWERK: Claims Registration Ends April 11
------------------------------------------------------
Creditors of Hochwald Tuerenwerk GmbH have until April 11, 2008
to register their claims with court-appointed insolvency manager
Bernhard C. Seibel.
Claims will be verified at 11:30 a.m. on April 23, 2008 at:
The District Court of Trier
Hall 56
Justizstrasse 2,4,6
54290 Trier
Germany
Creditors may constitute a creditors' committee or opt to
appoint a new insolvency manager.
The insolvency manager can be reached at:
Bernhard C. Seibel
Boehmerstrasse 16
54290 Trier
Germany
Tel: 0651/975900
Fax: 0651/9759095
E-mail: info@seibel-partner.de
The District Court of Trier opened bankruptcy proceedings
against Hochwald Tuerenwerk GmbH on Feb. 1, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Hochwald Tuerenwerk GmbH
Attn: Anton Haag, Markus Haag and
Raymond Haag, Managers
Kapellenstr. 39a
54427 Kell
Germany
IKB DEUTSCHE: Board Halts Sale of Portfolio Investments
-------------------------------------------------------
IKB Deutsche Industriebank AG disclosed in its website that its
Board of Managing Directors has temporarily stopped the intended
sale of IKB’s portfolio investments due to the current market
environment. However, IKB still plans to pursue a sale of these
investments.
Against the background of negative developments in the financial
markets,IKB expects further fair value losses of about EUR450
million from the sale of its EUR3 billion (nominal) portfolio
investments carrying a higher probability of default. IKB had
already written down EUR630 million of the portfolio. The total
losses of the portfolio amount to EUR2.1 billion, of which EUR1
billion are shielded by KfW and the banking pool.
IKB expects further fair value losses of EUR140 million on the
EUR2.8 billion (nominal) portfolio comprising assets carrying a
lower risk profile. In February 2008, IKB had accounted for
mark to market losses of EUR320 million on that portfolio.
Further supporting measures
The higher fair value losses will impact the bank’s capital. To
offset these effects, KfW has made another capital injection
into IKB’s capital, as envisaged in the package of measures
presented in February 2008. The capital injection of EUR450
million comes in the form of a loan to IKB with immediate debt
waiver (Forderungsverzicht) and compensation out of future
profits (Besserungsabrede).
This measure comprises the same elements as the EUR600 million
capital injection on 19 February 2008.
Key elements are:
-- Compensation payments out of future profits related to
both measures to the amount of EUR1.05 billion (plus
expenses and interest payments). Compensation rights only
occur insofar as IKB does not incur a loss according to
its annual accounts for the AG under German GAAP (HGB) as
a result of the compensation payments.
-- Interest payments only in those years, where as a result
of the compensation payments, IKB does not incur a loss
according to its accounts for the AG under German GAAP
(HGB).
-- Interest payments and compensation payments out of future
profits will always precede profit-participation
certificates and silent participations of IKB AG.
Estimated loss higher
Following the additional fair value losses, IKB expects a loss
after tax for the group in the magnitude of EUR0.8 billion for
the financial year 2007/08 according to IFRS. This includes
reverse (positive) valuation effects of now EUR1.3 billion for
IKB’s liabilities (after deferred taxes).
For IKB AG the Board of Managing Directors expects a loss in the
order of EUR1.2 billion under German GAAP (HGB) after allowing
for loss participation of IKB’s silent participations and
participation certificates.
For the next financial years, IKB will not post any or very low
profits for the group and IKB AG, due to the compensation
agreements (Besse3 rungsabrede) linked to the capital measures
of EUR1.05 billion as well as the reversal of write-downs on
IKB’s hybrid debt securities.
Financial calendar updated Against the background of the current
developments, IKB will publish its 6-month results for the
financial year 2007/08 (1 April 2007 – 30 September
2007) and the 9-month results for 2007/08 (1 April 2007 – 31
December 2007) in April 2008.
About IKB Deutsche
Headquartered in Dusseldorf, Germany, IKB Deutsche Industriebank
AG -- http://www.ikb.de/-- pioneered the long-term industrial
loan and provides medium-sized companies with long-term
financing. The bank operates in several German locations, as
well as branches in the United Kingdom, Luxembourg, Spain and
France.
IKB had previously invested in securitized loans on the US
market for subprime mortgages, which are now almost worthless.
This resulted in a deep-seated crisis within the bank, pushing
it on the brink of bankruptcy.
* * *
As reported in the TCR-Europe on March 7, 2008, Fitch Ratings
downgraded IKB Deutsche Industriebank AG's hybrid securities to
'CCC-' (CCC minus) from the 'B' range and removed them from
Rating Watch Negative (RWN) where they were placed on Feb. 14,
2008, and Dec. 21, 2007. The company carries Fitch's 'E'
Individual rating.
As reported in the TCR-Europe on Jan. 25, 2008, Moody's
Investors Service downgraded the bank financial strength
rating of IKB Deutsche Industriebank to E+ from D-. The
outlook on the BFSR is now developing.
IKB DEUTSCHE: Fitch Cuts Ratings on Hybrid Securities to CC
-----------------------------------------------------------
Fitch Ratings downgraded IKB Deutsche Industriebank AG's hybrid
securities to 'CC' from 'CCC-' (CCC minus). Their respective
Recovery Ratings were downgraded to 'RR5' from 'RR4'.
This rating action follows the announcement on further write-
downs taken on structured securities and the support structure
chosen to partly cover these.
Fitch has affirmed IKB's Individual rating at 'E' and Support
rating at '1'. IKB's Long-term Issuer Default rating of 'A+' and
Short-term IDR of 'F1' remain on Rating Watch Negative (RWN),
where they were placed on 6 March. The subordinated debt issues
are rated 'A' and are on RWN, where they were placed on March 6.
"Higher net loss expectations and a further lengthened period of
time expected before the hybrid debt securities resume coupon
payments triggered the downgrade," says Sabine Bauer, Director
in Fitch's Financial Institutions Group. "IKB's hybrid debt
securities now have below average recovery prospects."
The equity support drawn upon is an implementation of support
measures previously agreed. Previous support measures included
a buffer of EUR450m, which has now been used. The preferential
claim, which was introduced in February, increases to EUR1,050m
from EUR600m, increasing the time hybrid debt holders need to
wait for notional write-ups and coupon payments. While a
support payment of an equal amount was directly made into equity
and thereby supports IKB's capital ratios, its repayment
(principal and interest) needs to be made out of future earnings
with those payments ranking above hybrid debt holders.
According to Fitch's definitions, RR5 rated securities have
characteristics in line with securities historically recovering
11%-30% of current principal and related interest.
The additional EUR590m impairment charges reflect the current
difficult environment and are derived from price indications the
bank has received for its higher risk structured securities.
Fitch understands that while IKB's internal model results in
higher valuations, these impairment charges were taken as the
bank is urged to dispose its lower quality structured securities
in the short-term. IKB intends to keep the higher quality
structured securities given their relative short remaining
maturities. IKB's lower and higher quality sub-portfolios are
now covered 70% and 13% respectively. Fitch currently expects a
net loss for IKB on an unconsolidated basis according to German
accounting standards for the financial year ending-March 2008 of
around EUR1.8bn, of which Fitch expects around one third to be
allocated to hybrid debt holders. For IKB's subsidiary IKB
International SA, Fitch expects a net loss of around EUR600m, of
which around one fifth will be allocated to hybrid debt holders.
IKB's unconsolidated total capital ratio (before taking into
account unrealised losses under local GAAP) presently stands at
8.5%.
IKB's Long- and Short-term IDRs continue to reflect the
extremely high probability of support from its main shareholder,
KfW, and IKB's importance to the key German "Mittelstand"
sector. In light of their significant involvement in the
restructuring since end-July 2007, Fitch considers the
probability of KfW (rated 'AAA'/Stable) and the German
authorities continuing to support IKB as extremely high. The
RWN reflects Fitch's opinion that KfW's planned sale of its 43%
stake, which could increase up to 90% following the planned
capital increase, would most likely result in a downgrade of the
IDRs. The Individual rating reflects Fitch's view that IKB's
financial position remains vulnerable.
These hybrid capital instruments were downgraded:
-- EUR150m Propart Funding Ltd's profit participation
certificates maturing in 2015: downgraded to 'CC' from
'CCC-'
-- EUR75m IKB Funding Trust I's and EUR400m Funding Trust
II's perpetual trust preferred securities: downgraded to
'CC' from 'CCC-'
-- EUR200m Hybrid Raising GmbH's and EUR200m Capital Raising
GmbH's perpetual notes linked to a silent participation in
IKB: downgraded to 'CC' from 'CCC-'
-- EUR70m IKB International SA's capital contribution
certificates maturing in 2010 and EUR100m IKB
International SA's capital contribution certificates
maturing in 2009: downgraded to 'CC' from 'CCC-'.
JOLITZ GMBH: Claims Registration Period Ends April 10
-----------------------------------------------------
Creditors of Jolitz GmbH have until April 10, 2008, to register
their claims with court-appointed insolvency manager Herr Peter
Knoepfel.
Creditors and other interested parties are encouraged to attend
the meeting at 11:00 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 Luebeck
Hall 256
Am Burgfeld 7
23568 Luebeck
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:
Herr Peter Knoepfel
Hallerstr. 76
20146 Hamburg
Germany
The District Court of Luebeck opened bankruptcy proceedings
against Jolitz GmbH on March 4, 2008. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
Jolitz GmbH
Attn: Frank Jolitz, Manager
Sibeliusstra-sse 2
23556 Luebeck
Germany
KUECHEN OSKAR: Claims Registration Ends April 11
------------------------------------------------
Creditors of Kuechen Oskar Fachmarkt GmbH have until April 11,
2008 to register their claims with court-appointed insolvency
manager Henning Schorisch.
Claims will be verified at 10:00 a.m. on May 6, 2008 at:
The District Court of Dresden
Hall D132
Olbrichtplatz 1
01099 Dresden
Germany
Creditors may constitute a creditors' committee or opt to
appoint a new insolvency manager.
The insolvency manager can be reached at:
Henning Schorisch
Wasastrasse 15
01219 Dresden
Germany
E-mail: http://www.hww-kanzlei.de/
The District Court of Dresden opened bankruptcy proceedings
against Kuechen Oskar Fachmarkt GmbH on March 1, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Kuechen Oskar Fachmarkt GmbH
Attn: Heiner Bongards, Manager
Bahnhofstrasse 15
01609 Groeditz
Germany
MICHAEL BOB: Claims Registration Ends April 11
----------------------------------------------
Creditors of Michael Bob GmbH & Co. Textilherstellung KG have
until April 11, 2008 to register their claims with court-
appointed insolvency manager Knut Rebholz.
Claims will be verified at 10:05 a.m. on June 2, 2008 at:
The District Court of Charlottenburg
Hall 218
Second Floor
Amtsgerichtsplatz 1
14057 Berlin
Germany
Creditors may constitute a creditors' committee or opt to
appoint a new insolvency manager.
The insolvency manager can be reached at:
Knut Rebholz
Cicerostr. 22
10709 Berlin
Germany
The District Court of Charlottenburg opened bankruptcy
proceedings against Michael Bob GmbH & Co. Textilherstellung KG
on Jan. 16, 2008. Consequently, all pending proceedings against
the company have been automatically stayed.
The Debtor can be reached at:
Michael Bob GmbH & Co. Textilherstellung KG
Gerhart-Hauptmann-Str. 15
03044 Cottbus
Germany
PROVIDE-VR 2003-1: S&P Lowers Ratings on Class D and E Notes
------------------------------------------------------------
Standard & Poor's Ratings Services removed from CreditWatch with
negative implications and lowered its ratings on the class D and
E notes issued by PROVIDE-VR 2003-1 PLC. At the same time, the
ratings on the class A+, A, B, and C notes were affirmed and the
class B and C notes were removed from CreditWatch negative.
PROVIDE VR 2003-1 is a partially-funded synthetic German RMBS
transaction. The class B, C, D, and E notes had been placed on
CreditWatch in December 2007 as a result of ongoing
deterioration of the underlying loan portfolio, as well as
increasing loss allocations to the unrated class F notes.
The resolution of these CreditWatch placements and the
consequent rating actions are the result of an extensive loan-
level analysis S&P has undertaken of the current portfolio, as
well as historical loan resolutions.
Total loss allocation in the transaction is EUR2.0 million to
date, representing a 33% erosion of the EUR6.1 million class F
notes, which act as the first-loss piece. The remaining first-
loss protection now represents only 1.45% of the outstanding
principal balance, which contrasts with the current balance of
the total defaulted reference claims and credit events of
EUR10.07 million. This amount represents 3.56% of the total
balance, or more than twice the protection available to the
lowest-rated notes.
Similar to its predecessor PROVIDE VR 2002-1, PROVIDE VR 2003-1
is a second-lien securitization featuring almost only loan parts
in excess of the pieces eligible for covered bond issuance.
Such transactions are generally more prone to produce realized
losses than first-lien securitizations. This is shown in
Standard & Poor's German RMBS index, where the three
transactions with the highest loss allocations, including
PROVIDE VR 2002-1 and 2003-1, are all second-lien
securitizations that include these loan pieces.
S&P’s analysis of losses to date in this transaction has
demonstrated that the realized losses were mainly triggered by a
marked deterioration of property valuations, especially for
those that were auctioned rather than sold on the open market.
Furthermore, S&P observed a more severe deterioration for
properties in eastern Germany and those that are non-owner
occupied.
Given S&P’s observation of the loss experience to date in this
particular pool, S&P has assessed the likelihood of future
losses for both the performing and nonperforming parts of the
pool. The required enhancement levels at the various rating
levels were compared to the actual credit protection in the
transaction, which indicated that the class D and E notes had
insufficient support to maintain their current ratings.
Amortization in PROVIDE-VR 2003-1 has reduced the pool factor to
63%. S&P will continue to closely monitor the performance of
the transaction and pay close attention to loss crystallization
and recovery rates over the near and medium term.
Ratings List
PROVIDE-VR 2003-1 PLC
EUR75.75 Million Floating-Rate Credit-Linked Notes
Ratings Removed from CreditWatch Negative and Affirmed
Rating
------
Class To From
----- -- ----
B AA AA/Watch Neg
C A A/Watch Neg
Ratings Removed from CreditWatch Negative and Lowered
Rating
------
Class To From
----- -- ----
D BB BBB/Watch Neg
E B BB/Watch Neg
Ratings Affirmed
Class Rating
----- ------
A+ AAA
A AAA
SDP INGENIEURTECHNIK: Claims Registration Period Ends April 10
--------------------------------------------------------------
Creditors of SDP Ingenieurtechnik GmbH & Co. KG have until
April 10, 2008, to register their claims with court-appointed
insolvency manager Norbert Schrader.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on May 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 Wuppertal
Meeting Hall A234
Second Floor
Eiland 2
42103 Wuppertal
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Norbert Schrader
Viehhofstr. 117
42117 Wuppertal
Germany
Tel: 0202-430980
Fax: 0202-4309843
The District Court of Wuppertal opened bankruptcy proceedings
against SDP Ingenieurtechnik GmbH & Co. KG on March 1, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
SDP Ingenieurtechnik GmbH & Co. KG
Attn: Klaus Schmidt, Manager
Bongardtstr. 2
44787 Bochum
Germany
STANZ- U. UMFORMTECHNIK: Claims Registration Ends April 10
----------------------------------------------------------
Creditors of Stanz- u. Umformtechnik GmbH have until April 10,
2008, to register their claims with court-appointed insolvency
manager Gerhard Benner.
Creditors and other interested parties are encouraged to attend
the meeting at 2:00 p.m. on May 19, 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 Rottweil
Room 0.05
Branch Office
Koernerstr. 29
78628 Rottweil
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:
Gerhard Benner
Koenigstr. 16
78628 Rottweil
Germany
Tel: 0741-174670
Fax: 0741-6725
The District Court of Rottweil opened bankruptcy proceedings
against Stanz- u. Umformtechnik GmbH on Feb. 19, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Stanz- u. Umformtechnik GmbH
Attn: Bruno Breier, Manager
Buchenstr. 2
72172 Sulz
Germany
STRASSENBAUGESELLSCHAFT HOF: Claims Registration Ends April 11
--------------------------------------------------------------
Creditors of Strassenbaugesellschaft Hof Gesellschaft mit
beschrankter Haftung have until April 11, 2008 to register their
claims with court-appointed insolvency manager Dr. Martin
Heidrich.
Claims will be verified at 1:00 p.m. on May 21, 2008 at:
The District Court of Hof
Meeting Hall 012
Ground Floor
Berliner Platz 1
95030 Hof
Germany
Creditors may constitute a creditors' committee or opt to
appoint a new insolvency manager.
The insolvency manager can be reached at:
Dr. Martin Heidrich
Grillparzer Str. 16
c/o Dr. Pannen
81675 Munich
Germany
Tel: 089/41619340
Fax: 089/4161934180
The District Court of Hof opened bankruptcy proceedings against
Strassenbaugesellschaft Hof Gesellschaft mit beschränkter
Haftung on Feb. 15, 2008. Consequently, all pending proceedings
against the company have been automatically stayed.
The Debtor can be reached at:
Strassenbaugesellschaft Hof Gesellschaft
mit beschrankter Haftung
Attn: Horst Schaller, Manager
Schaumbergstr. 1
95032 Hof
Germany
UN POCO LOCO: Claims Registration Period Ends April 10
------------------------------------------------------
Creditors of Un POCO LOCO Gastronomie- und Handels GmbH have
until April 10, 2008, to register their claims with court-
appointed insolvency manager Achim Thomas Thiele.
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 Dortmund
Hall 3.201
Second Floor
Gerichtsplatz 1
44135 Dortmund
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:
Achim Thomas Thiele
Bronnerstrasse 7
44141 Dortmund
Germany
The District Court of Dortmund opened bankruptcy proceedings
against Un POCO LOCO Gastronomie- und Handels GmbH on Feb. 19,
2008. Consequently, all pending proceedings against the company
have been automatically stayed.
The Debtor can be reached at:
Un POCO LOCO Gastronomie- und Handels GmbH
Attn: Zoopigi Paparousopoulou, Manager
Hohe Str. 61 a
44139 Dortmund
Germany
=============
H U N G A R Y
=============
GUESS? INC: Co-Founder Wins Legal Battle Against Christie's
-----------------------------------------------------------
Georges Marciano, co-founder of Guess? Inc. won a two year legal
battle with the famed Beverly Hills auction house Christie's,
Inc., when attorneys for the company agreed to provide documents
that Marciano had been seeking in connection with the theft of
his art works valued at tens of millions of dollars.
Mr. Marciano represented himself during a hearing in Los Angeles
Superior Court. Attorneys for Christie's had sought to quash
Mr. Marciano's motion seeking documents related to the missing
art. However, during the hearing, Judge Elisabeth White
suggested both sides meet in the court's jury room and see
whether some agreement could be reached. After meeting for 45
minutes, Mr. Marciano and Christie's attorneys reached an
agreement providing Mr. Marciano with key documents that he had
been seeking. The agreement is seen as a key step in
Mr. Marciano's efforts to recover his missing art works.
Mr. Marciano maintains these documents will be crucial to
investigating the disappearance of more than 600 works of art,
including:
* original paintings by Indiana, Rauschenberg, and Ruscha;
* monumental sculptures, including Chamberlain sculpture and
Miro sculptures;
* prints, including Warhol, Chagall, Indiana, Dine, Jasper
Jones and more;
* a wine collection of over 26,000 bottles, including Petrus,
Margaux, Lafitte, Yquiem, and Cheval Blanc Vintage from the
1970's to 2000, and sales proceeds.
After the hearing, Mr. Marciano declared, "Today, my position
was vindicated and now and I look forward to pursuing the return
of my missing art collection. I have been asking Christie's to
produce these documents for over two years."
In 2007, Mr. Marciano sued several of his former employees and
others on a variety of charges including art theft and
negligence, theft of millions of dollars worth of funds, art,
and wine and the destruction of his computer, financial and
personal records, as well as conspiring to commit theft. Mr.
Marciano has been seeking records from Christie's to help in
legal actions against his former accountant, a former Christie's
employee, and several ex-employees.
These actions allege that five former employees, a former
accountant, a former employee of Christie's and an art shipping
company illegally conspired to deliver a one-two punch to Mr.
Marciano -- first stealing millions of dollars worth of funds
and then tens of millions in fine art.
"I was shocked at this massive betrayal by people I had known,
loved and trusted for so many years," Mr. Marciano said upon the
discovery of this massive theft. "This is one of the largest,
if not the largest, art thefts as measured by the quantity of
art stolen in the history of America," he said.
While no criminal charges have been brought by law enforcement
to date, Marciano hopes that his efforts to prove civil
liability will produce a body of evidence that can be used to
bring this virtually unprecedented conspiracy and theft into the
criminal courts in the future.
As a first step, Marciano's attorneys have brought a civil
action which seeks to prove that he was damaged in an amount of
more than US$60 million. He is seeking those damages, plus
punitive or exemplary damages, to punish the wrongdoers for
egregious conduct and to deter the wrongdoers and others from
similar conduct in the future.
Guess? Inc. (NYSE: GES) -- http://www.guessinc.com/-- designs,
markets, distributes and licenses a lifestyle collection of
contemporary apparel, accessories and related consumer products.
At May 5, 2007, the company operated 336 retail stores in the
United States and Canada. The company also distributes its
products through better department and specialty stores around
the world, including the Philippines, Hungary and the Dominican
Republic.
* * *
Guess? Inc. still carries Standard & Poor's "BB" long-term
foreign and local issuer credit ratings, which were assigned in
December 2006.
=========
I T A L Y
=========
ALITALIA SPA: Silvio Berlusconi Calls for Italian Bidders
---------------------------------------------------------
Former prime minister Silvio Berlusconi has called on local
businessmen to come up with a better bid than what Air France-
KLM SA offered for the Italian government's 49.9% stake in
Alitalia S.p.A., The Wall Street Journal reports.
"I think the moment has come for any businessmen in Italy with a
remnant of pride to come forward with an industrial plan in
order to avoid a shameful end for our flagship carrier," Mr.
Berlusconi was quoted by WSJ as saying during an interview with
Canale 5.
Mr. Berlusconi, whose party is expected to win the upcoming
national election, had said that if elected, his adnistration
will approve the sale of Italy's stake in Alitalia to Air
France, subject to several conditions. He, however, stressed
that an Italian buyer is much preferred.
As reported in the TRC-Europe on March 19, 2008, the Italian
Ministry of Economy and Finance has approved Air France's offer
for Alitalia. Finance Minister Tommaso Padoa-Schioppa, however,
said Air France's offer will not be binding if another party
submits "a competing and improved public offer and the Ministry
accepts that offer."
Air France, headed by CEO Jean-Cyril Spinetta, is persuading
unions to accept it offer, but had met resistance as its
business plan for Alitalia entails 1,600 job cuts at the Italian
carrier's flight operations -- affecting 500 pilots, 600 flight
assistants and 500 ground staff -- and 500 more at its ground
division.
Air France said its binding offer is subject to, among other
conditions, finalization of an agreement with trade unions.
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, including Argentina and Japan.
The Italian government owns 49.9% of Alitalia.
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.
ALITALIA SPA: Silvio Berlusconi Likely to Veto Air France Deal
--------------------------------------------------------------
Air-France KLM's planned takeover of Alitalia S.p.A is facing
yet another setback after Silvio Berlusconi declared it would
veto the deal if he wins the April 13-14 elections, "saying he's
against the conditions received," Deepa Babington writes for
Reuters.
Christian Boireau, Air France-KLM's commercial director for
France, however, told the Associated Free Press, "we know what
we can do and this (takeover) plan must be either accepted or
refused, but now is the time, not in two months or in a month."
Reuters relates Mr. Berlusconi, who is currently leading the
polls to become Italy's next prime minister, promised a rival
consortium bid led by Air One, whose initial offer was turned
down by the outgoing government.
According to Mr. Berlusconi, the consortium would make its offer
in three or four weeks with banks ready to support the deal,
Reuters reveals.
Mr. Berlusconi's sons, Reuters adds, are also likely to join the
rival bid.
However, Air One disclosed it still has study Alitalia's
accounts, which could take at least three weeks, before it could
decide to make a comeback bid, Reuters relates.
Political rivals, on the other had, claimed Mr. Berlusconi's
move could push Alitalia, which only has months left before it
runs of cash, further to bankruptcy, Reuters reports.
Meanwhile, Alitalia's unions are pushing through talks over
plans to cut the workforce at the airline, the paper states.
Alitalia's Binding Offer
As previously reported in the TCR-Europe, Alitalia's Board of
Directors resolved unanimously on March 15, 2008, in favor of
Air France-KLM's proposal and decided to give the mandate to
Chairman Maurizio Prato to sign
the acceptance letter.
The offer is subject to a number of effectiveness conditions to
be fulfilled by March 31, 2008.
The Board has carried out its evaluation of the Binding Offer
also in light of the worsened airline sector and macro economic
scenario, as well as considering the critical situation of the
Company and available alternatives.
The Board believes that such proposal offers the appropriate
solution to preserve the Company's assets and to promote its
rapid and stable restructuring and its development in the long-
term, also in light of the benefits coming from the synergies
deriving from the integration with the global leader of the
airline industry.
Consistently with the resolution taken, the Chairman signed the
acceptance letter of the Agreement.
Strategic Premises
The scenario and the competitive environment of the air
transport sector are rapidly moving towards forms of integration
and consolidation involving a very limited number of hub
carriers, which enable the achievement of some important
benefits:
* Higher critical mass, which allows to benefit from
relevant economies of scale in terms of costs and
revenues, and decreases the carrier's vulnerability to the
high cyclicality and volatility that characterize the
industry;
* Access to very significant and stable synergies, which
cannot be achieved through traditional alliances amongst
airlines.
In this environment, there is an emerging trend in the industry
to leave only niche positioning to traditional carriers, which
although operating efficiently, have a limited size and operate
on a stand-alone basis.
The airline industry is currently facing a cyclical downturn,
worsened by the steep increase in fuel costs during these last
months and by the general deterioration of the macro economic
scenario.
Alitalia is going through a highly critical situation, causing a
progressive erosion of its liquidity position worsened by the
aforementioned economic and industrial scenario.
The Company has confirmed on a number of occasions, including
when it approved the 2008 Budget, the need of a significant
capital increase and to reduce in a sizeable manner
its losses and the erosion of its equity through strategic
actions marked by strong discontinuity with the past.
The Plan for Survival/Transition, approved by the Company in
September 2007, already included such actions of discontinuity
through the new network design, the suspension of flights
recording significantly negative economic results, and the
subsequent downsizing of the fleet. Key strategic premise to
that plan was the impossibility to pursue a stand alone
positioning of the Company outside an industrial and financial
integration with a strong carrier able to generate synergies.
Following the approval of the Plan, the Company initiated a
process aimed at identifying a partner who would share the need
to favor the restructuring, the re-launch and the development of
the Company.
On Dec. 6, 2007, Air France-KLM presented a non binding offer
for the potential integration with Alitalia. On Dec. 21, 2007,
the Board of Directors resolved in favur of Air France-KLM's
proposal considering it appropriate to offer to the Company the
adequate solution to preserve the Company's assets and to
promote its rapid and stable restructuring, giving mandate to
the Chairman to start a period of exclusive negotiations.
The Industrial Plan 2008-2010, prepared during the exclusivity
period -- Jan. 18, 2008, to March 14, 2008, ended the and
assumes the execution of a EUR1billion rights issue.
Such Plan is the platform on which to add the synergies deriving
from the integration of the Company with the Air France-KLM
group.
For Air France-KLM the approval of such plan represents an
essential condition for the the integration of Alitalia in the
French-Dutch Group.
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 carrier serves routes to Asia, Europe, North
America and South America.
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.
SEAT PAGINE: Earns EUR98.4 Million for Year-Ended 2007
------------------------------------------------------
Seat Pagine Gialle S.p.A. released its financial report for the
year ended Dec. 31, 2007. The group posted net profit of
EUR98.4 million on EUR1.45 billion in revenues for the year
ended Dec. 31, 2007, compared with net profit of EUR80.1 million
on EUR1.46 billion in revenues for the same period in 2006.
At Dec. 31, 2007, the group's balance sheet showed EUR4.31
billion in total assets, EUR3.19 billion in total liabilities
and EUR1.12 billion in total equity.
Net financial debt amounted to EUR3.27 billion at Dec. 31, 2007
compared with EUR3.41 billion at Dec. 31, 2006, after a net
disbursement of EUR118.1 million to acquire WLW GmbH and
dividend payout of EUR62.2 million.
Outlook 2008
Strategic focus will be on Italy, where Seat has its strongest
assets and new growth opportunities exists thanks to the
acceleration of the Internet market in 2007.
-- Italy: Revenue growth expected in line with ’07 and EBITDA
of the current business stable, after EUR10 million of
incremental expenses to support print, but before EUR15
million of additional costs to exploit the Internet
opportunity and EUR10 million of one offs;
-- international: EBITDA expected to be down due to Telegate,
in a transition year towards the new advertising-based
online business and of integration with Kli