T R O U B L E D C O M P A N Y R E P O R T E R
L A T I N A M E R I C A
Tuesday, October 16, 2007, Vol. 8, Issue 205
Headlines
A R G E N T I N A
AEROFLEX INC: S&P Withdraws CCC+ Ratings; Affirms B Corp. Rating
AMERICANO SA: Trustee Filing Individual Reports on Nov. 27
ATLANTICA SERVICIOS: Trustee Filing Individual Reports Tomorrow
XEROX CORP: Closes Advectis(R) Acquisition for US$32 Million
BANCO DE GALICIA: Buys Back US$39.7 Mln Obligaciones Negociables
BIOMET INC: Provides Prelim Fin'l Results for Qtr. Ended Aug. 31
COHN HNOS: Proofs of Claim Verification Deadline Is Nov. 20
DANA CORP: Amends Centerbridge Capital Investment Agreement
DANA CORP: Appaloosa Re-Affirms Investment Bid; Sends Final Deal
DANA CORPORATION: Posts US$103,000,000 Net Loss in August 2007
FUNES SRL: Trustee Filing General Report in Court Tomorrow
HIDRO OBRAS: Trustee Filing General Report in Court Tomorrow
LABORATORIOS VULTER: Trustee Filing General Report Tomorrow
PROALES SA: Trustee Filing General Report in Court Tomorrow
PROLIMEC SRL: Trustee Filing Individual Reports Tomorrow
TELECOM ARGENTINA: Inks US$17.37-Mln Deal with Telecom Italia
VADRA SRL: Trustee Filing General Report in Court Tomorrow
B E R M U D A
ASPEN INSURANCE: Credit Suisse Downgrades Firm to Neutral
ENDURANCE SPECIALTY: Credit Suisse Puts Neutral Rating on Firm
SEA CONTAINERS: Earns US$11,158,734 in Month Ended August 31
B R A Z I L
AES CORP: May Use Bond Proceeds To Buy 49.99% Brasiliana Stake
BUCKEYE TECH: Expects Improvement in July to September Results
COMMSCOPE INC: Moody's Downgrades Corp. Family Rating to Ba3
DRESSER-RAND INC: Signs MOU with Supersonic Ejector Technology
FIAT SPA: Magneti Marelli Signs Venture with Suzuki & Maruti
GENERAL MOTORS: LatAm Sales Up in Third Quarter
JAPAN AIRLINES: Expands Code Share with Korean Air Lines
LEVI STRAUSS: Fitch Puts BB+ Rating on US$750MM Credit Facility
* BRAZIL: Petrobras Starts Biodiesel Output with Galp Energia
C A Y M A N I S L A N D S
BOMBAY CO: Gordon Brothers & Hilco Merchant's Joint Bid Wins
CABLE & WIRELESS: Closes US$40-Mil. Network Deal with Nokia
COLIN LUKE: Sets Final Shareholders Meeting for Nov. 5
CORNICHE BOULEVARD: Final Shareholders Meeting Is on Nov. 8
FALLINVEST CAPITAL: Sets Final Shareholders Meeting for Nov. 8
MADISON FINANCE: Proofs of Claim Filing Deadline Is Nov. 5
MADISON FINANCE: Will Hold Final Shareholders Meeting on Nov. 5
SPRINGINVEST ACQUISITION: Final Shareholders Meeting on Nov. 8
SUMMERINVEST FINANCE: Final Shareholders Meeting Is on Nov. 8
WINTERINVEST PLANNING: Final Shareholders Meeting Is on Nov. 8
C H I L E
LEVI STRAUSS: Satisfies Terms of US$525-Mln Sr. Notes Offering
C O L O M B I A
SOLUTIA INC: Incurs US$9,000,000 Net Loss in Month Ended Aug. 31
* COLOMBIA: Local Investors to Visit Panama to Talk Business
* COLOMBIA: Presidents Uribe, Chavez & Correa Open Gas Pipeline
C O S T A R I C A
DOLE FOOD: Discontinuing Paraquat Use in Agricultural Operations
D O M I N I C A N R E P U B L I C
JETBLUE AIRWAYS: Will Launch New York-Puerto Plata Flights
E C U A D O R
* ECUADOR: Presidents Uribe, Chavez & Correa Open Gas Pipeline
* ECUADOR: Will Rejoin OPEC in November
G U A T E M A L A
IMAX CORPORATION: Catalyst Fund Withdraws New York Lawsuit
J A M A I C A
* JAMAICA: Fitch Affirms Low B Credit Ratings
M E X I C O
COLLINS & AIKMAN: Closes Sale of Soft Trim Division to IAC NA
DANA CORP: Amends Centerbridge Capital Investment Agreement
FOAMEX INT'L: Makes Repayment of US$9.7 Mil. to First Term Loan
INNOPHOS HOLDINGS: Elects Karen Oscar to Board of Directors
JABIL CIRCUIT: Fitch Lowers Ratings to BB+ from BBB-
MAXCOM TELECOM: S&P Revises Outlook to Positive from Stable
REMY WORLDWIDE: Can Use Cash Collateral for Debt Payment
REMY WORLDWIDE: Gets Interim Court Nod on US$160MM DIP Financing
WENDY'S INTERNATIONAL: To Open Restaurants in Malaysia
N I C A R A G U A
DOLE FOOD: Nicaraguan Workers Don't Care About Having Children
P A N A M A
ROYAL CARIBBEAN: Lehman Upgrades Firm's Shares to Overweight
* PANAMA: Colombian Investors To Visit Nation for Business
P E R U
HARMONY GOLD: Fitch Holds Ratings on Watch Negative
P U E R T O R I C O
BURGER KING: Positive Sales Growth Cues Fitch to Lift Ratings
NBTY INC: Reports US$496 Mil. Net Sales in Year Ended Sept. 30
U R U G U A Y
BANCO HIPOTECARIO: Earns UYU1.57 Billion in First Eight Months
V E N E Z U E L A
INDUSTRIAS METALURGICAS: Fitch Rates US$250-Million Notes at B
PETROLEOS DE VENEZUELA: Establishing Transguajiro Trusteeship
* VENEZUELA: Presidents Uribe, Chavez & Correa Open Gas Pipeline
* Large Companies with Insolvent Balance Sheets
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A R G E N T I N A
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AEROFLEX INC: S&P Withdraws CCC+ Ratings; Affirms B Corp. Rating
----------------------------------------------------------------
Standard & Poor's Ratings Services has affirmed its 'B'
corporate credit rating on Aeroflex Inc. and has withdrawn the
'B+' senior secured, '2' recovery, and 'CCC+' subordinated
ratings following the modifications of the company's LBO
financing. The outlook is negative.
At the same time, S&P has assigned its bank loan and recovery
ratings to Aeroflex's secured financing. The company's US$450
million first-lien, first-out senior secured facilities,
comprising a US$50 million six-year revolving credit and a
US$400 million seven-year term loan, are rated 'BB-', with a
recovery rating of '1', indicating the expectation for very high
(90%-100%) recovery in the event of a payment default. S&P also
assigned its 'B' bank loan rating to the company's US$125
million first-lien, first-loss, seven-year term loan. The '3'
recovery rating indicates that lenders can expect meaningful
(50%-70%) recovery in the event of a payment default.
"The ratings on the company reflect its niche product positions,
high leverage at inception, and nominal cash flow," said S&P's
credit analyst Lucy Patricola. "Partial offsets include stable
operating trends, good revenue visibility, and barriers to entry
protecting the company's markets."
Aeroflex's microelectronics segment consists of niche products
that address highly specific conditions, including high-
performance, application-specific integrated circuits (ASICS);
high-reliability microelectronics; and radiation-tolerant
semiconductors.
Leverage is high at the inception of the transaction. Fully
adjusted for leases and pension, and giving credit to a number
of one-time items and annualized savings, debt to EBITDA is
about 8. Although sustained organic growth should expand the
earning's base, leverage is not expected to reduce meaningfully
in the near term.
Headquartered in Plainview, New York, Aeroflex Inc. is a
specialty provider of microelectronics and test and measurement
products to the aerospace, defense, wireless, broadband and
medical markets. For the twelve months ended Mar. 31, 2007,
revenues were US$577 million. Aeroflex has offices in China,
France, Germany, and Argentina.
AMERICANO SA: Trustee Filing Individual Reports on Nov. 27
----------------------------------------------------------
Silvia Raquel Fernandez, the court-appointed trustee for
Americano S.A.'s reorganization proceeding, will present the
validated claims as individual reports in the National
Commercial Court of First Instance in Santa Fe on Nov. 27, 2007.
Ms. Fernandez verified creditors' proofs of claim until
Oct. 12, 2007. She will present a general report containing an
audit of Americano's accounting and banking records will be
submitted in court on Feb. 11, 2008.
The informative assembly will be held on June 16, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly.
The trustee can be reached at:
Silvia Raquel Fernandez
Rioja 1254, Rosario
Santa Fe, Argentina
ATLANTICA SERVICIOS: Trustee Filing Individual Reports Tomorrow
---------------------------------------------------------------
Jacobo Luterstein, the court-appointed trustee for Atlantica
Servicios S.A.'s bankruptcy proceeding, will present the
validated claims as individual reports in the National
Commercial Court of First Instance in Buenos Aires on
Oct. 17, 2007.
Mr. Luterstein verified creditors' proofs of claim until
Sept. 4, 2007. He will submit a general report containing an
audit of Atlantica Servicios' accounting and banking records in
court on Nov. 28, 2007.
Mr. Luterstein is also in charge of administering Atlantica
Servicios' assets under court supervision and will take part in
their disposal to the extent established by law.
The trustee can be reached at:
Jacobo Luterstein
Rodriguez Pena 694
Buenos Aires, Argentina
XEROX CORP: Closes Advectis(R) Acquisition for US$32 Million
------------------------------------------------------------
Xerox Corporation has completed its cash acquisition of
Advectis(R), Inc. for US$32 million.
Advectis' technology is one of the mortgage industry's most
widely used solutions for electronic document collaboration.
This purchase expands Xerox's expertise in automating work
processes, helping customers in document-intensive businesses
like lending and finance to reduce costs and simplify how work
gets done. In a predominately paper-based industry, Advectis'
Web-based BlitzDocs Collaboration Suite helps lenders, brokers
and investors manage the process needed to underwrite, audit,
collaborate, deliver and archive loan documents electronically.
A BlitzDocs(R) electronic loan folder mirrors the paper loan
folder used today but improves efficiencies in the loan cycle,
allowing mortgage participants to view and process online
documents. Clients benefit from a network with more than 35,000
broker shops and the top seven mortgage insurance companies.
Advectis was founded in 2000 and currently employs about 41
people, who now join Xerox. Former Advectis CEO Greg Smith now
becomes vice president and general manager of Xerox Mortgage
Services, the newly formed unit in Xerox Global Services
focusing on innovative document management and collaboration
services customized for the mortgage industry. Smith will
report to John Kelly, president of Xerox Global Services, North
America.
Through its acquisition strategy, Xerox is identifying
successful companies in niche markets that align with Xerox's
commitment to innovation and reducing the complexity of document
management. Last year, Xerox acquired Amici LLC, a leading
provider of e-discovery services, primarily supporting
litigation and regulatory compliance, and XMPie, which provides
variable information software for the graphic arts and marketing
industries.
Xerox Mortgage Services will be featured at Booth 1004 at the
Mortgage Bankers Association Annual Convention & Expo in Boston,
Oct. 14 to 17.
About Xerox Corp.
Headquartered in Stamford, Connecticut, Xerox Corp. --
http://www.xerox.com/-- develops, manufactures, markets,
services and finances a range of document equipment, software,
solutions and services. Xerox operates in over 160 countries
worldwide and distributes products in the Western Hemisphere
through divisions, wholly owned subsidiaries and third-party
distributors. The company maintains operations in France,
Japan, Italy, Nicaragua, among others.
* * *
As reported in the Troubled Company Reporter on May 23, 2007,
Standard & Poor's Ratings Services revised its rating outlook on
Stamford, Connecticut-based Xerox Corp. to positive from stable.
Ratings on the company, including the 'BB+' long-term and 'B-1'
short-term corporate credit ratings, were affirmed.
BANCO DE GALICIA: Buys Back US$39.7 Mln Obligaciones Negociables
----------------------------------------------------------------
According to Comision Nacional de Valores, Banco de Galicia has
repurchased Obligaciones Negociables due 2010 for US$39,750,000.
With the cancel done, the amount of capital in circulation of
the Obligaciones Negociables due in 2010 is now US$302,914,846.
Headquartered in Buenos Aires, Argentina, Banco de Galicia y
Buenos Aires SA -- http://www.e-galicia.com/-- is an
Argentinean private bank that is engaged in commercial banking,
providing general banking services to large corporations, small
and medium-sized companies, agricultural and cattle farms and
individuals. The company controls an extensive and diverse
network of subsidiaries, which include Banco Galicia Uruguay SA,
Galicia Capital Markets SA, Galicia Factoring y Leasing SA, Agro
Galicia SA, Galicia Administradora de Fondos SA, Galicia Valores
SA, Galicia Warrants SA, Net Investments SA, Sudamericana
Holding SA and Tarjetas Regionales SA. Through its subsidiaries
the company offers accounting, investment and insurance
services, loans, checks and debit and credit cards. It also
finances the development of real estate, acts as a fiduciary and
leases properties to interested parties. It operates over 400
branches across the country and provides e-banking services to
customers via its Internet site.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 23, 2007, Banco de Galicia y Buenos Aires' Obligaciones
Negociables issued on Nov. 6, 2001, for the original amount of
US$12 million was rated D by the Argentine arm of Standard &
Poor's International Ratings.
BIOMET INC: Provides Prelim Fin'l Results for Qtr. Ended Aug. 31
----------------------------------------------------------------
Biomet Inc., in connection with its offering of notes to repay
in full its unsecured bridge facilities, has provided the
following preliminary unaudited financial information for the
three months ended Aug. 31, 2007.
The company's estimated net sales for the three months ended
Aug. 31, 2007 were in the range of US$550 million to US$555
million, approximately an 8% to 9% increase over net sales of
US$508 million for the three months ended Aug. 31, 2006, due
principally to growth in the company's worldwide reconstructive
products, primarily hips, knees and dental implants. Excluding
the impact of sales of instruments (which the company
discontinued selling to distributors in the United States in the
third quarter of fiscal 2007), estimated net sales increased by
approximately 10% for the three months ended Aug. 31, 2007
compared to the same period in 2006. Estimated Adjusted EBITDA
for the quarter was in the range of US$190 million to US$195
million, approximately a 6% to 8% increase over Adjusted EBITDA
of US$180 million for the three months ended Aug. 31, 2006.
The information for the periods presented is preliminary and
unaudited, and as a result, during the course of the preparation
of Biomet's final consolidated financial statements, the company
may identify items that would require Biomet to make adjustments
to the preliminary unaudited results. In addition, the
preliminary unaudited results presented below do not include any
purchase accounting adjustments relating to the merger and
related transactions therewith, as permitted by the debt
documents governing the Company's new senior secured credit
facilities and the notes issued on the closing date of the
merger. These operating results are not necessarily indicative
of results to be expected for the full year or any future
period.
Recent Development
On Sept. 25, 2007, Biomet received a letter from the U.S.
Securities and Exchange Commission informing the company that it
is conducting an informal investigation regarding possible
violations of Foreign Corrupt Practices Act in the sale of
medical devices in a number of foreign countries by companies in
the medial devices industry. Biomet intends to fully cooperate
with this informal investigation by the U.S. Securities and
Exchange Commission.
About Biomet
Based in Warsaw, Indiana, Biomet Inc. (NASDAQ: BMET) and its
subsidiaries design, manufacture, and market products used
primarily by musculoskeletal medical specialists in both
surgical and non-surgical therapy. Biomet and its subsidiaries
currently distribute products in more than 100 countries,
including the Netherlands, Argentina and Korea.
Biomet Inc. and its subsidiaries design, manufacture, and market
products used primarily by musculoskeletal medical specialists
in both surgical and non-surgical therapy. Biomet's product
portfolio encompasses reconstructive products, fixation
products, spinal products, and other products.
* * *
As reported in the Troubled Company Reporter-Latin America on
Sept. 27, 2007, Moody's Investors Service has assigned final
debt ratings to Biomet, Inc. (B2 Corporate Family Rating) in
conjunction with the close of the leveraged buy-out transaction
by a consortium of equity sponsors. Moody's said the rating
outlook is negative.
COHN HNOS: Proofs of Claim Verification Deadline Is Nov. 20
-----------------------------------------------------------
Benjamin Ernesto Rubio, the court-appointed trustee for Cohn
Hnos. S.A.'s bankruptcy proceeding, verifies creditors' proofs
of claim until Nov. 20, 2007.
Mr. Rubio will present the validated claims in court as
individual reports on Dec. 28, 2007. The National Commercial
Court of First Instance in Mar del Plata, Buenos Aires, will
determine if the verified claims are admissible, taking into
account the trustee's opinion, and the objections and challenges
that will be raised by Cohn Hnos. and its creditors.
Inadmissible claims may be subject for appeal in a separate
proceeding known as an appeal for reversal.
A general report that contains an audit of Cohn Hnos.'s
accounting and banking records will be submitted in court on
March 6, 2008.
Mr. Rubio is also in charge of administering Cohn Hnos.'s assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at:
Cohn Hnos. S.A.
Alvarado 5326, Mar del Plata
Buenos Aires, Argentina
The trustee can be reached at:
Benjamin Ernesto Rubio
25 de Mayo 2980, Mar del Plata
Buenos Aires, Argentina
DANA CORP: Amends Centerbridge Capital Investment Agreement
-----------------------------------------------------------
Dana Corporation has entered into an amendment to an investment
agreement it reached with Centerbridge Capital Partners L.P., on
July 26, 2007. Dana's board of directors has rejected an
alternative investment offer submitted by Appaloosa Management
L.P.
The original terms of the Centerbridge investment agreement
provided, for an affiliate of Centerbridge to purchase
US$250 million in convertible preferred shares of reorganized
Dana (Series A), and for qualified supporting creditors to have
an opportunity to purchase US$500 million in convertible
preferred shares (Series B) on a pro rata basis.
Centerbridge had agreed to purchase up to US$250 million of any
Series B shares that were not purchased by the creditors.
Among the amendments to the Centerbridge agreement are:
-- A commitment by Centerbridge to fully underwrite the
purchase of the US$500 million of Series B shares of
reorganized Dana, an increase from the US$250 million that
Centerbridge had agreed to underwrite.
-- Centerbridge's consent to an amendment to Dana's proposed
plan of reorganization to provide for a cash payment of
up to US$40 million to certain general unsecured creditors
who are not eligible to purchase Series B shares because
their individual claims are less than US$25 million or
they are not "qualified institutional investors" as
defined in U.S. securities laws.
-- Dana's agreement not to solicit or entertain any proposal
for an investment, transaction, or plan of reorganization
that would be an alternative to the Centerbridge
investment and the elimination of Dana's right to
terminate the Centerbridge investment agreement to accept
any alternative investment or transaction proposal.
The amendment, which is subject to approval by the Bankruptcy
Court for the Southern District of New York, where the company's
Chapter 11 bankruptcy proceeding is pending, is required to be
approved by Nov. 15, 2007.
Appaloosa Management Proposal
In conjunction with the Bankruptcy Court's established
procedures for qualified potential investors interested in
exploring alternative proposals to the Centerbridge investment,
Appaloosa delivered an offer for an alternative investment to
Dana and the Official Committee of Unsecured Creditors on
Sept. 21, 2007.
As contemplated by the alternative proposal procedures, Dana's
board of directors reviewed and considered Appaloosa's offer.
After discussions among the parties and the various bankruptcy
constituents, Dana's board rejected Appaloosa's offer.
About Dana Corporation
Based in Toledo, Ohio Dana Corporation -- http://www.dana.com/
-- designs and manufactures products for every major vehicle
producer in the world, and supplies drivetrain, chassis,
structural, and engine technologies to those companies. Dana
employs 46,000 people in 28 countries. Dana is focused on being
an essential partner to automotive, commercial, and off-highway
vehicle customers, which collectively produce more than 60
million vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin American regions, and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on Mar. 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2005, the Debtors listed US$7,900,000,000 in total
assets and US$6,800,000,000 in total debts.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on
Aug. 31, 2007. The Court has set a hearing on Oct. 23, 2007, to
consider the adequacy of the Disclosure Statement explaining the
Debtors' Plan.
DANA CORP: Appaloosa Re-Affirms Investment Bid; Sends Final Deal
----------------------------------------------------------------
Appaloosa Management, L.P., on Sept. 21, 2007, re-affirmed its
investment offer, to replace the investment offer of
Centerbridge Capital Partners, L.P., and delivered to Dana Corp.
and its debtor-affiliates the Official Committee of Unsecured
Creditors a final investment proposal letter.
James Bolin, a partner at Appaloosa, stated, in the September 21
Letter, that Appaloosa's Investment Offer is substantially
similar to Centerbridge's Proposal, with certain material
improvements and modifications,.
The improvements and modifications are:
(a) Appaloosa proposes to eliminate and waive the break-up fee
described in the Centerbridge Proposal.
(b) Appaloosa will enhance the conversion price from 0.83
times Distributable Market Equity Value Per Share to 0.90
times Distributable Market Equity Value Per Share.
(c) In lieu of the limited Rule 144A offering contemplated by
the Centerbridge Proposal, the right to purchase the
Series B Preferred at par will be offered to all holders
of allowed unsecured claims on a pro rata basis. Any
shares of Series B Preferred not purchased in the Series B
Rights Offering will be purchased at par by Appaloosa and
certain other entities, who will receive a guaranteed
minimum of 40% of the Series B Preferred and a commitment
fee of US$10,000,000 as consideration for their agreement
to perform the foregoing Standby Purchaser obligations.
(d) Appaloosa proposes to eliminate the ceiling/floor "collar"
mechanism contained in the Centerbridge Proposal.
(e) Most of Appaloosa's approval rights will be subject to
being over-ridden by a 2/3 vote of common shareholders
with the exception of certain specified protective
approval rights, which are not subject to over-ride. The
approval rights not subject to over-ride relate to:
-- issuance of securities that are senior to or on
parity with the Series A Preferred;
-- amendments to the Company's by-laws that materially
change the rights of members of the Investor Group
or Qualified Purchaser Transferees or the Company's
shareholders generally, or to the Charter or
Articles if the amendment would adversely impact
Appaloosa's rights or investment; and
-- other than the annual 4.0% dividends on the Series B
Preferred, declaration and payment of dividends on
stock that ranks junior to or on parity with the
Series A Preferred.
(f) Appaloosa will select three members of the Board of
Directors, and the Creditors Committee will select the
other three. One director will be the chief executive
officer, one director will be the new Executive Chairman,
one director will be selected by the Standby Purchasers
other than Appaloosa. The initial Executive Chairman of
the Board will be selected by a selection committee
comprised of one Appaloosa representative and one
representative of the Standby Purchasers. The Executive
Chairman will be approved by a majority vote of the
Selection Committee. Any successor Executive Chairman
will be selected by the Nominating and Governance
Committee of the Board, subject to the approval of
Appaloosa.
(g) All of Appaloosa's approval rights will continue until the
earlier of (i) the date on which Appaloosa ceases to own
Series A Preferred Shares having an aggregate liquidation
preference of at least US$125,000,000, and (ii) the third
anniversary of Appaloosa's investment.
(h) Appaloosa proposes to include an additional closing
condition to the effect that there will not have occurred
any material strike or labor stoppage or slowdown at Dana
Corp., General Motors, Chrysler, Ford Motor Company or
any of their respective subsidiaries.
A full-text copy of Appaloosa's September 21 Letter is available
for free at http://ResearchArchives.com/t/s?23e0
Aside from the Investment Letter, Appaloosa also delivered to
the Debtors and the Creditors Committee drafts of:
(1) an Amended Joint Plan of Reorganization, a copy of which
is available for free at
http://ResearchArchives.com/t/s?23e1
(2) a Plan Support Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e2
(3) an Investment Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e3
(4) a Shareholders Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e4
(5) Articles of Designation with Respect to Preferred Stock, a
copy of which is available for free at:
http://ResearchArchives.com/t/s?23e5
(6) a Series A Registration Rights Agreement, a copy of which
is available for free at
http://ResearchArchives.com/t/s?23e6
(7) a Series B Registration Rights Agreement, a copy of which
is available for free at
http://ResearchArchives.com/t/s?23e6
(8) a Market Maker Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e7
About Dana Corp.
Toledo, Ohio-based Dana Corp. -- http://www.dana.com/-- designs
and manufactures products for every major vehicle producer in
the world, and supplies drivetrain, chassis, structural, and
engine technologies to those companies. Dana employs 46,000
people in 28 countries. Dana is focused on being an essential
partner to automotive, commercial, and off-highway vehicle
customers, which collectively produce more than 60 million
vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin American regions, and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on Mar. 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2005, the Debtors listed US$7,900,000,000 in total
assets and US$6,800,000,000 in total debts.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on
Aug. 31, 2007. The Court has set a hearing on Oct. 23, 2007, to
consider the adequacy of the Disclosure Statement explaining the
Debtors' Plan. (Dana Corporation Bankruptcy News, Issue No. 55;
Bankruptcy Creditors' Service Inc.;
http://bankrupt.com/newsstand/or 215/945-7000).
DANA CORPORATION: Posts US$103,000,000 Net Loss in August 2007
------------------------------------------------------------
Dana Corporation
Unaudited Condensed Balance Sheet
As of August 31, 2007
ASEETS
CURRENT ASSETS
Cash and cash equivalents US$1,071,000,000
Accounts receivable
Trade 1,311,000,000
Other 309,000,000
Inventories 822,000,000
Assets of discontinued operations 85,000,000
Other current assets 141,000,000
---------------
Total current assets 3,739,000,000
Investments and other assets 0
Investments in equity affiliates 435,000,000
Property, plant and equipment, net 1,713,000,000
Other noncurrent assets 991,000,000
---------------
TOTAL ASSETS US$6,878,000,000
===============
LIABILITIES AND SHAREHOLDERS' EQUITY
CURRENT LIABILITIES
Debtor-in-possession financing US$900,000,000
Notes payable 66,000,000
Accounts payable 1,080,000,000
Liabilities of discontinued operations 39,000,000
Other accrued liabilities 822,000,000
---------------
Total current liabilities 2,907,000,000
Liabilities subject to compromise 4,067,000,000
Deferred employee benefits
& other noncurrent benefits 472,000,000
Long-term debt 13,000,000
Minority interest in consolidated subsidiaries 92,000,000
---------------
Total liabilities 7,551,000,000
Shareholders' deficit (673,000,000)
---------------
TOTAL LIABILITIES AND SHAREHOLDERS' DEFICIT US$6,878,000,000
===============
Dana Corporation
Unaudited Condensed Statement of Operations
For the month ended August 31, 2007
Net sales US$739,000,000
Costs and expenses
Cost of sales 698,000,000
Selling, general & admin expenses 28,000,000
Realignment charges 6,000,000
Other income, net 10,000,000
---------------
Income (loss) from operations 25,000,000
Interest expense 8,000,000
Reorganization items, net 10,000,000
---------------
Income (loss) before income taxes (104,000,000)
Income tax expense 6,000,000
Minority interest expense 1,000,000
Equity in earnings of affiliates 1,000,000
---------------
Income (loss) from continuing operations (110,000,000)
Loss from discontinued operations 7,000,000
---------------
Net income (loss) (US$103,000,000)
===============
Dana Corporation
Unaudited Condensed Statement of Cash Flows
For the month ended August 31, 2007
OPERATING ACTIVITIES
Net income (US$103,000,000)
Depreciation and amortization 23,000,000
Loss on sale of businesses 7,000,000
Non-cash portion of U.K. pension charge 0
Increase in working capital (75,000,000)
Unremitted equity in earnings of affiliates ( 1,000,000)
Contract rejections and claim settlements 106,000,000
Other 9,000,000
---------------
Net cash flows used for operating activities (33,000,000)
INVESTING ACTIVITIES
Purchases of property, plant and equipment (26,000,000)
Proceeds from sale of assets 18,000,000
Other 9,000,000
---------------
Net cash flows provided by (used for) investing 1,000,000
FINANCING ACTIVITIES
Net change in short-term debt 25,000,000
Proceeds from DIP Credit Agreement 0
---------------
Net cash flows provided by (used for) financing 25,000,000
Net increase (decrease) in cash
and cash equivalents (7,000,000)
---------------
Cash and cash equivalents, beginning of period 1,078,000,000
Cash and cash equivalents, end of period US$1,071,000,000
===============
Toledo, Ohio-based Dana Corp. -- http://www.dana.com/-- designs
and manufactures products for every major vehicle producer in
the world, and supplies drivetrain, chassis, structural, and
engine technologies to those companies. Dana employs 46,000
people in 28 countries. Dana is focused on being an essential
partner to automotive, commercial, and off-highway vehicle
customers, which collectively produce more than 60 million
vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin American regions, and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on Mar. 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2005, the Debtors listed US$7,900,000,000 in total
assets and US$6,800,000,000 in total debts.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on
Aug. 31, 2007. The Court has set a hearing on Oct. 23, 2007, to
consider the adequacy of the Disclosure Statement explaining the
Debtors' Plan. (Dana Corporation Bankruptcy News, Issue No. 56;
Bankruptcy Creditors' Service Inc.;
http://bankrupt.com/newsstand/or 215/945-7000).
FUNES SRL: Trustee Filing General Report in Court Tomorrow
----------------------------------------------------------
Mariana Nadales, the court-appointed trustee for Funes S.R.L.'s
bankruptcy proceeding, will present a general report containing
an audit of the company's accounting and banking records in the
National Commercial Court of First Instance in Buenos Aires on
Oct. 17, 2007.
Ms. Nadales verified creditors' proofs of claim until
June 1, 2007. She presented the validated claims in court as
individual reports on Sept. 3, 2007.
Ms. Nadales is also in charge of administering Funes' assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at:
Funes S.R.L.
25 de Mayo 168
Buenos Aires, Argentina
The trustee can be reached at:
Mariana Nadales
Hipolito Yrigoyen 1349
Buenos Aires, Argentina
HIDRO OBRAS: Trustee Filing General Report in Court Tomorrow
------------------------------------------------------------
Maria Alejandra Barbieri, the court-appointed trustee for Hidro
Obras S.A.'s bankruptcy proceeding, will submit a general report
containing an audit of the firm's accounting and banking records
in the National Commercial Court of First Instance in Buenos
Aires on Oct. 17, 2007.
Ms. Barbieri verified creditors' proofs of claim until
June 21, 2007. She presented the validated claims in court as
individual reports on Aug. 30, 2007.
Ms. Barbieri is also in charge of administering Hidro Obras'
assets under court supervision and will take part in their
disposal to the extent established by law.
The debtor can be reached at:
Hidro Obras S.A.
Avenida Cordoba 1351
Buenos Aires, Argentina
The trustee can be reached at:
Maria Alejandra Barbieri
Avenida Cabildo 2040
Buenos Aires, Argentina
LABORATORIOS VULTER: Trustee Filing General Report Tomorrow
-----------------------------------------------------------
Marcos Livszyc, the court-appointed trustee for Laboratorios
Vulter Ind. y Com. S.R.L.'s bankruptcy proceeding, will file a
general report containing an audit of the company's accounting
and banking records in the National Commercial Court of First
Instance in Buenos Aires on Oct. 17, 2007.
Mr. Livszyc verified creditors' proofs of claim until
Aug. 6, 2007. He presented the validated claims in court as
individual reports on Sept. 4, 2007.
Mr. Livszyc is also in charge of administering Laboratorios
Vulter's assets under court supervision and will take part in
their disposal to the extent established by law.
The debtor can be reached at:
Laboratorios Vulter Ind. y Com. S.R.L.
Tucuman 978
Buenos Aires, Argentina
The trustee can be reached at:
Marcos Livszyc
Nunez 6387
Buenos Aires, Argentina
PROALES SA: Trustee Filing General Report in Court Tomorrow
-----------------------------------------------------------
Maria Luisa Ledesma, the court-appointed trustee for Proales
S.A.'s bankruptcy proceeding, will submit a general report
containing an audit of the firm's accounting and banking records
in the National Commercial Court of First Instance in Mar del
Plata, Buenos Aires, on Oct. 17, 2007.
Ms. Ledesma verified creditors' proofs of claim until
July 6, 2007. She presented the validated claims in court as
individual reports on Sept. 4, 2007.
Ms. Ledesma is also in charge of administering Proales' assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at
Proales S.A.
Santa Fe 2544, Mar del Plata
Buenos Aires, Argentina
The trustee can be reached at:
Maria Luisa Ledesma
Ortiz de Zarate 6450, Mar del Plata
Buenos Aires, Argentina
PROLIMEC SRL: Trustee Filing Individual Reports Tomorrow
--------------------------------------------------------
Nora Mabel Pszemiarowee, the court-appointed trustee for
Prolimec S.R.L.'s bankruptcy proceeding, will present the
validated claims as individual reports in the National
Commercial Court of First Instance in Buenos Aires on
Oct. 17, 2007.
Ms. Pszemiarowee verified creditors' proofs of claim until
Sept. 4, 2007. She will submit a general report containing an
audit of Prolimec's accounting and banking records in court on
Nov. 28, 2007.
Ms. Pszemiarowee is also in charge of administering Prolimec's
assets under court supervision and will take part in their
disposal to the extent established by law.
The trustee can be reached at:
Nora Mabel Pszemiarowee
Avenida Corrientes 1257
Buenos Aires, Argentina
TELECOM ARGENTINA: Inks US$17.37-Mln Deal with Telecom Italia
-------------------------------------------------------------
Dow Jones Newswires reports that Telecom Argentina has signed a
three-year, US$17.37 million contract with Telecom Italia
Sparkle to lease the Italian company's 10-gigabyte Internet
portals in Buenos Aires and its submarine cables between Buenos
Aires and Miami.
Telecom Argentina told Dow Jones that the deal with its major
shareholder, Telecom Italia SpA, resulted from an auction.
Headquartered in Buenos Aires, Telecom Argentina S.A. --
http://www.telecom.com.ar/index-flash.html-- is the fixed-line
operator for local and long-distance services in northern and
southern Argentina. It also provides cellular and PCS phone
services in Argentina, as well as in Paraguay through a 68%
stake in Nocleo. France Telecom formerly controlled the company
through its Nortel Inversora venture with Telecom Italia.
France Telecom sold most of its stake in 2003 to the Werthein
Group, an Argentine agricultural concern owned in part by vice
chairman Gerardo Werthein. Nortel continues to be Telecom
Argentina's largest shareholder with a 55% stake. Nortel is
owned by Sofora, a consortium owned by Telecom Italia (50%), the
Werthein Group (48%), and France Telecom (2%).
* * *
As reported on Oct 11, 2006, Standard & Poor's Ratings Services
raised Telecom Argentina S.A.'s counterparty credit rating to
B+/Stable/ from B/Stable following the upgrade of the Republic
of Argentina to 'B+' from 'B'.
VADRA SRL: Trustee Filing General Report in Court Tomorrow
----------------------------------------------------------
Zulma Gloria Ghigliano, the court-appointed trustee for Vadra
S.R.L.'s reorganization proceeding, will present a general
report containing an audit of the firm's accounting and banking
records in the National Commercial Court of First Instance in
Buenos Aires on Oct. 17, 2007.
Ms. Ghigliano verified creditors' proofs of claim on
Aug. 6, 2007. She presented the validated claims in court as
individual reports on Sept. 4, 2007.
The informative assembly will be held on March 12, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly.
The trustee can be reached at:
Zulma Gloria Ghigliano
Pasaje Cipoletti 554
Buenos Aires, Argentina
=============
B E R M U D A
=============
ASPEN INSURANCE: Credit Suisse Downgrades Firm to Neutral
---------------------------------------------------------
Credit Suisse analysts have downgraded Aspen Insurance Holdings
Limited's shares to "neutral" from "outperform," Newratings.com
reports.
According to Newratings.com, the target price for Aspen
Insurance was set at US$29.
The analysts said in a research note that Aspen Insurance's
share price appreciated by 29% since Aug. 15, 2007.
The analysts told Newratings.com that Aspen Insurance would have
healthy earnings for the third quarter 2007 due to a favorable
hurricane season. However, its 2008 earnings would be under
pressure due to increasing competition.
The earnings per share estimate for the third quarter 2007 was
increased by US$0.30 to US$1.10, Newratings.com states.
Headquartered in Hamilton, Bermuda, Aspen Insurance Holdings
Limited (NYSE: AHL) (BSX: AHL BH) is the holding company of the
Aspen Group the principal operating entities of which are Aspen
Insurance UK Limited and Aspen Insurance Limited, both rated A2
for insurance financial strength. At the end of September 2006,
Aspen Group reported net income of US$259 million and
shareholders' equity of US$2.3 billion.
* * *
As reported in the Troubled Company Reporter on Nov. 14, 2006,
Moody's Investors Service assigned a Ba1 rating to the US$200
million Perpetual Non-Cumulative Preference Shares issued by
Aspen Insurance Holdings Limited, the existing perpetual "PIERS"
of which were rated Ba1 by Moody's.
ENDURANCE SPECIALTY: Credit Suisse Puts Neutral Rating on Firm
--------------------------------------------------------------
Credit Suisse analysts have downgraded Endurance Specialty
Holdings' shares from "outperform" to "neutral," Newratings.com
reports.
Newratings.com relates that the target price for Endurance
Specialty's shares was set at US$43.
The analysts said in a research note that the downgrade is based
on valuation.
The analysts told Newratings.com that Endurance Specialty's
share price appreciated by 18% this year, compared to last year.
The firm's dividend yield dropped to 2.4%.
Endurance Specialty would have healthy earnings for the third
quarter 2007 due to a favorable hurricane season. However, its
2008 earnings would be under pressure due to increasing
competition, Newratings.com notes, citing Credit Suisse.
The earnings per share estimate for the third quarter 2007 was
increased by US$0.45 to US$1.75, according to Newratings.com.
Meanwhile, Banc of America Securities analysts put a "neutral"
rating on Endurance Specialty's shares, setting the target price
at US$45, Newratings.com states.
Based in Pembroke, Bermuda, Endurance Specialty Holdings Ltd.
(NYSE: ENH) -- http://www.endurance.bm/-- is a provider of
property and casualty insurance and reinsurance. Through its
operating subsidiaries, Endurance currently writes property per
risk treaty reinsurance, property catastrophe reinsurance,
casualty treaty reinsurance, property individual risks, casualty
individual risks, and other specialty lines.
* * *
As reported in the Troubled Company Reporter on Dec. 15, 2006,
AM Best affirmed these debt ratings:
Endurance Specialty Holdings, Ltd.
-- "bbb-" on US$250 million 7.0% senior unsecured notes,
due 2034;
-- "bbb-"on US$200 million 6.15% senior notes, due 2015; and
-- "bb" on US$200 million Series A non-cumulative preferred
shares
These indicative debt ratings have been affirmed for securities
available under the shelf registration:
Endurance Specialty Holdings, Ltd.
-- "bbb-" on senior unsecured;
-- "bb+" on subordinated; and
-- "bb" on preferred stock
Endurance Holdings Capital Trust I Ltd.-(guaranteed by
Endurance Specialty Holdings)
-- "bb" on preferred securities
Endurance Holdings Capital Trust II Ltd.-(guaranteed by
Endurance Specialty Holdings)
-- "bb" on preferred securities
SEA CONTAINERS: Earns US$11,158,734 in Month Ended August 31
------------------------------------------------------------
Sea Containers, Ltd.
Unaudited Balance Sheet
As of August 31, 2007
Assets
Current Assets
Cash and cash equivalents US$47,650,121
Trade receivables, less allowances
for doubtful accounts 27,578
Due from related parties 7,409,824
Prepaid expenses and other current assets 1,717,768
------------
Total current assets 56,805,291
Fixed assets, net -
Long-term equipment sales receivable, net -
Investments in group companies 143,546,856
Intercompany receivables -
Investment in equity ownership interests 227,146,976
Other assets 4,076,327
------------
Total assets US$431,575,450
============
Liabilities and Shareholders' Equity
Current Liabilities
Accounts payable US$8,865,234
Accrued expenses 52,398,600
Current portion of long-term debt 171,098,244
Current portion of senior notes 385,323,207
------------
Total current liabilities 617,685,285
Total shareholders' equity (186,109,835)
------------
Total liabilities and shareholders' equity US$431,575,450
============
Sea Containers, Ltd.
Unaudited Statement of Operations
For the Month Ended August 31, 2007
Revenue US$2,473,134
Costs and expenses:
Operating costs 430,602
Selling, general and
administrative expenses (3,031,169)
Professional fees (6,832,670)
Credits to provide against
intercompany accounts 66,453,293
Impairment of investment in subsidy Co. (29,778,329)
Forgiveness of intercompany debt (16,482,588)
Depreciation and amortization -
------------
Total costs and expenses 10,759,139
------------
Gain or (Loss) on sale of assets -
------------
Operating income (loss) 13,232,273
Other income (expense)
Interest income 3,893,111
Foreign exchange gains or (losses) 5,461
Interest expense, net (5,872,111)
------------
Income (Loss) before taxes 11,258,734
Income tax expense (100,000)
------------
Net Profit (Loss) US$11,158,734
============
Sea Containers Services
Unaudited Balance Sheet
As of August 31, 2007
Assets
Current Assets
Cash and cash equivalents US$67,758
Trade receivables 27,929
Due from related parties 5,587,738
Prepaid expenses and other current assets 4,741,076
------------
Total current assets 10,424,501
Fixed assets, net 2,327,141
Investments 2,717,732
Intercompany receivables 46,451,752
Other assets 0
------------
Total assets US$61,921,126
============
Liabilities and Shareholders' Equity
Current Liabilities
Accounts payable US$2,781,162
Accrued expenses 2,682,516
Current portion of long-term debt 1,679,343
------------
Total current liabilities 7,143,021
Total shareholders' equity 54,778,105
------------
Total liabilities and shareholders' equity US$61,921,126
============
Sea Containers Services
Unaudited Statement of Operations
For the Month Ended August 31, 2007
Revenue US$2,478,786
Costs and expenses:
Operating costs -
Selling, general and
administrative expenses (1,623,585)
Professional Fees (570,095)
Other charges 0
Depreciation and amortization (100,893)
------------
Total costs and expenses (2,294,573)
------------
Gains on sale of assets 0
------------
Operating income (loss) 184,214
Other income (expense)
Interest income 978
Foreign exchange gains (losses) (537)
Interest expense, net (9,953)
------------
Income (Loss) before taxes 174,702
Income tax credit 0
------------
Net Income US$174,702
============
Headquartered in Hamilton, Bermuda, Sea Containers Ltd. --
http://www.seacontainers.com/-- provides passenger and freight
transport and marine container leasing. Registered in Bermuda,
the company has regional operating offices in London, Genoa, New
York, Rio de Janeiro, Sydney, and Singapore. The company is
owned almost entirely by United States shareholders and its
primary listing is on the New York Stock Exchange (SCRA and
SCRB) since 1974. On Oct. 3, the company's common shares and
senior notes were suspended from trading on the NYSE and NYSE
Arca after the company's failure to file its 2005 annual report
on Form 10-K and its quarterly reports on Form 10-Q during 2006
with the U.S. Securities and Exchange Commission.
Through its GNER subsidiary, Sea Containers Passenger Transport
operates Britain's fastest railway, the Great North Eastern
Railway, linking England and Scotland. It also conducts ferry
operations, serving Finland and Estonia as well as a commuter
service between New York and New Jersey in the U.S.
Sea Containers Ltd. and two subsidiaries filed for chapter 11
protection on Oct. 15, 2006 (Bankr. D. Del. Case No. 06-11156).
Edmon L. Morton, Esq., Edwin J. Harron, Esq., Robert S. Brady,
Esq., Sean Matthew Beach, Esq., and Sean T. Greecher, Esq., at
Young, Conaway, Stargatt & Taylor, represent the Debtors in
their restructuring efforts.
The Official Committee of Unsecured Creditors and the Financial
Members Sub-Committee of the Official Committee of Unsecured
Creditors of Sea Containers Ltd. is represented by William H.
Sudell, Jr., Esq., and Thomas F. Driscoll, Esq., at Morris,
Nichols, Arsht & Tunnell LLP. Sea Containers Services, Ltd.'s
Official Committee of Unsecured Creditors is represented by
attorneys at Willkie Farr & Gallagher LLP. In its schedules
filed with the Court, Sea Containers disclosed total assets of
US$62,400,718 and total liabilities of US$1,545,384,083. The
Debtors' exclusive period to file a chapter 11 plan expires on
Dec 21, 2007. (Sea Containers Bankruptcy News, Issue No. 28;
Bankruptcy Creditors' Service, Inc.,
http://bankrupt.com/newsstand/or 215/945-7000).
===========
B R A Z I L
===========
AES CORP: May Use Bond Proceeds To Buy 49.99% Brasiliana Stake
--------------------------------------------------------------
The AES Corp. said in a statement that it could use up to US$600
million from the placement of senior unsecured notes to fund the
acquisition of a 49.99% stake in Brazilian power holding firm
Brasiliana.
As reported in the Troubled Company Reporter-Latin America on
Sept. 12, 2007, Banco Nacional de Desenvolvimento Economico e
Social SA, along with The AES Corp., will hire an independent
auditor to appraise Brazilian power holding firm Brasiliana's
value. Banco Nacional wants to sell its 49.99% stake in
Brasiliana, where AES holds 50.01%.
BNamericas relates that AES has the first right to purchase the
stake.
According to BNamericas, AES priced the private placement of
senior unsecured notes consisting of US$500-million principal
amount of 7.75% senior notes due 2015 and US$1.5-billion
principal amount of 8% senior notes due 2017.
AES commented to BNamericas, "The company intends to use the net
proceeds from the sale of the senior notes primarily to
refinance a portion of its recourse debt."
BNamericas notes that the placement could help finance AES'
investments in these countries:
-- Philippines,
-- South Africa, and
-- Northern Ireland.
According to BNamericas, these Brazilian power firms are
considering purchasing the stake:
-- EDB,
-- Cemig, and
-- CPFL Energia.
About Banco Nacional
Banco Nacional de Desenvolvimento Economico e Social is Brazil's
national development bank. It provides financing for projects
within Brazil and plays a major role in the privatization
programs undertaken by the federal government.
About AES
AES Corp. -- http://www.aes.com/-- is a global power company.
The company operates in South America, Europe, Africa, Asia and
the Caribbean countries. Specifically, it also has operations
in India. Generating 44,000 megawatts of electricity through
124 power facilities, the company delivers electricity through
15 distribution companies. The company's Latin America business
group is comprised of generation plants and electric utilities
in Argentina, Brazil, Chile, Colombia, Dominican Republic, El
Salvador, Panama and Venezuela.
As reported in the Troubled Company Reporter-Latin America on
Oct. 12, 2007, Moody's Investors Service affirmed The AES
Corporation's Corporate Family Rating at B1 and the senior
unsecured rating assigned to its new senior unsecured notes
offering at B1 following its upsizing to US$2 billion from
US$500 million. LGD assessments are subject to change pending
the final capital structure.
As reported on Oct. 12, 2007, Fitch Ratings assigned a 'BB/RR1'
rating to AES Corporation's US$500 million issue of senior
unsecured notes due 2017. AES' long-term Issuer Default Rating
is rated 'B+' by Fitch. Fitch said the rating outlook is
stable.
BUCKEYE TECH: Expects Improvement in July to September Results
--------------------------------------------------------------
Buckeye Technologies Inc. has expected its profitability for the
July-September quarter to be in the range of 32-35 cents per
share including a US$2.2 million (6 cents per share) one-time
favorable tax help related to the recently enacted reduction in
Germany's corporate tax rate.
Chairman and Chief Executive Officer, John B. Crowe said, "Our
first quarter net sales were up 3% compared to the same period
last year. The earnings improvement is a combination of higher
prices, better mix and cost control. Excluding the one-time tax
help (6 cents per share), operating earnings are anticipated to
be in the range of 26-29 cents per share. Operating earnings
performance improved over the April-June quarter even with lower
sales volume due to scheduled maintenance during the just
completed quarter. Demand for our specialty wood and cotton
products, nonwoven materials and fluff pulp was strong in the
quarter. Nonwovens shipments were especially strong with net
sales up 10% compared to the same period last year."
Buckeye plans to announce July to September results on
Oct. 22, 2007 and has scheduled a conference call at 3:00 p.m.
EDT, Oct. 23, 2007 to discuss first quarter performance.
Headquartered in Memphis, Tennessee, Buckeye Technologies Inc.
(NYSE:BKI) -- http://www.bkitech.com/-- manufactures and
markets specialty fibers and nonwoven materials. The company
currently operates facilities in the United States, Germany,
Canada, and Brazil. Its products are sold worldwide to makers
of consumer and industrial goods.
* * *
As reported in the Troubled Company Reporter on June 19, 2007,
Moody's upgraded Buckeye Technologies Inc.'s corporate family
rating to B1 from B2 and maintained a stable outlook. All other
ratings were upgraded by one notch while the unsecured notes
were affirmed at B2.
COMMSCOPE INC: Moody's Downgrades Corp. Family Rating to Ba3
------------------------------------------------------------
Moody's Investors Service concluded its review of CommScope,
Inc. and downgraded the company's corporate family rating to Ba3
from Ba2 pending the company's debt financed acquisition of
Andrew Corp. Additionally, Moody's downgraded the company's
US$250 million convertible subordinated debentures to B2 from
Ba3. The acquisition will be financed by US$2.55 billion of
senior secured credit facilities to which Moody's has assigned
Ba3 ratings. The outlook is stable. Moody's placed CommScope
under review for downgrade on June 27, 2007 after the company's
announcement of their intent to acquire Andrew Corporation for
US$2.6 billion. The acquisition has been approved by both
company's boards but is still conditioned on Andrew shareholder
and regulatory approvals.
These ratings were downgraded:
-- Corporate Family Rating -- to Ba3 from Ba2
-- Probability of Default Rating -- to Ba3 from Ba2
-- US$250 million Convertible Senior Subordinated Debentures
due 2024 -- to B2, LGD6 (95%) from Ba3, LGD5 (73%)
These new ratings were assigned:
-- US$250 million Senior Secured Revolving Credit Facility due
2013 -- Ba3, LGD3 (45%)
-- US$2.3 billion Senior Secured Term Loan due 2014 - Ba3,
LGD3 (45%)
The company's Ba3 rating reflects the relatively high pro forma
leverage upon closing the acquisition; the risks associated with
integrating two companies roughly equal in size and the
cyclicality of the cable, telecommunications, and enterprise
connectivity markets. The leverage and integration challenges
are reflective of a B1 rating however they are offset by the
strength of CommScope's and Andrew Corp.'s respective market
leading positions, the diversity of the combined product
portfolio, management's track record of successful large
integrations and the potential synergies associated with the
Andrew acquisition. The ratings are however considered on the
weaker end of the Ba3 ratings category.
The closing pro forma debt to EBITDA as adjusted by Moody's is
expected to be just under 5.0, a level more common in B1 rated
component manufacturers. The company is expected to de-lever
fairly quickly however through a combination of asset sales of
non-strategic assets and estimates of up to US$100 million in
annual cost savings from consolidating manufacturing and
distribution facilities and reducing duplicate operations.
Moody's also notes that Commscope's US$250 million in
convertible debt is heavily "in the money" and will likely
convert to equity in the next 18 months. Moody's notes
management's past success in integrating the 2004 acquisition of
Avaya's Connectivity Solutions business and track record of
reducing leverage. Moody's believes the company is capable of
reducing leverage to below 4.0 by the end of fiscal 2008.
The stable outlook reflects Moody's expectation that the company
will successfully integrate the Andrew Corp. acquisition and
quickly focus on improving cash flow and reducing debt.
The ratings could be positively impacted by success in
integrating Andrew and achieving synergy targets, continued
growth in revenue, EBITDA and free cash flow and reducing
leverage to below 3.5.
CommScope's ratings may be negatively impacted by unexpected
challenges associated with the Andrew acquisition, greater than
expected increases in material costs, a severe downturn in
customer spending across segments, or an additional large debt
financed acquisition, share repurchase or dividend.
About CommScope
Based in Hickory, North Carolina, CommScope, Inc. (NYSE:CTV) --
http://www.commscope.com/-- designs and manufactures "last
mile" cable and connectivity solutions for communication
networks. Through its SYSTIMAX(R) Solutions(TM) and Uniprise(R)
Solutions brands CommScope is the global leader in structured
cabling systems for business enterprise applications. It is
also the world's largest manufacturer of coaxial cable for
Hybrid Fiber Coaxial applications. Backed by strong research
and development, CommScope combines technical expertise and
proprietary technology with global manufacturing capability to
provide customers with high-performance wired or wireless
cabling solutions.
CommScope has facilities in Brazil, Australia, China and
Ireland.
DRESSER-RAND INC: Signs MOU with Supersonic Ejector Technology
--------------------------------------------------------------
Dresser-Rand Group Inc. has signed a memorandum of understanding
with TransCanada Corporation to obtain technology for producing
tandem supersonic ejectors.
Incorporating technology developed in conjunction with NOVA
Research and Technology Corporation, the ejectors are used to
reclaim gases ordinarily vented into the atmosphere. At
TransCanada, reclaimed gases are injected into gas turbine fuel
systems to reduce operating costs and hydrocarbon emissions.
When an agreement is finalized, Dresser-Rand will have the right
to manufacture, use, and market ejectors that incorporate this
technology (including improvements made by TransCanada).
Dresser-Rand intends to offer the ejectors as a new equipment
option and as a product upgrade for all centrifugal compressors
that compress hydrocarbon gases.
"By improving the efficiency of the dry gas seals used on
centrifugal compressors, and by recovering and recycling gases
normally vented into the atmosphere, this new technology will
benefit the environment," said H. Allan Kidd, director of
Emerging Technologies at Dresser-Rand. "In addition, the new
technology will make processes that require the transmission of
gases more cost effective."
About TransCanada Corp.
With headquarters in Calgary, Alberta, TransCanada Corporation,
founded in 1951, is a leader in the responsible development and
reliable operation of North American energy infrastructure. The
company has more than 3,500 employees throughout North America.
About Dresser-Rand Group
Dresser-Rand Group Inc. (NYSE: DRC) is among the largest
suppliers of rotating equipment solutions to the worldwide oil,
gas, petrochemical, and process industries. It operates
manufacturing facilities in the United States, France, Germany,
Norway, India, and Brazil, and maintains a network of 24 service
and support centers covering 105 countries.
* * *
As reported in the Troubled Company Reporter-Latin America on
Sept. 7, 2007, Standard & Poor's Ratings Services assigned its
bank loan and recovery ratings to the US$500 million senior
secured revolving credit facility due 2012 of Dresser-Rand Group
Inc. (BB-/Stable/--).
FIAT SPA: Magneti Marelli Signs Venture with Suzuki & Maruti
------------------------------------------------------------
Fiat S.p.A.'s Magneti Marelli have signed, Oct. 11, 2007, an
agreement with Suzuki Motor Corporation and Maruti Suzuki India
Limited for the creation of a joint venture in India, aimed at
the production of electronic control units for diesel engines.
Maruti Suzuki India Limited, former known as Maruti Udyog
Limited, is the joint venture set up in 1982 between the Indian
government and the Suzuki Motor Corporation that has originated
the main industrial entity in India in the automotive field.
According to the agreements, Magneti Marelli will participate
for 51% in the share capital of the new company, Suzuki for 30%
and Maruti for 19%. The initial investment is expected to total
approximately EUR15 million.
The industrial activities will be located in Manesar -- in the
industrial district of Gurgaon, approximately 40 km southwest of
New Delhi. The start of production is scheduled for the end of
2008 and, as part of the objectives, the production capacity of
this plant should reach a total of about 500,000 control units
per year when working at full stretch.
The electronic control units produced in Mannesar will be
initially used for the Suzuki-Maruti diesel cars and, later on,
will also cater to other car manufacturers.
"The joint venture with Suzuki and Maruti brings cutting-edge
technology to our automotive partners and allows Magneti Marelli
to significantly increase its presence in a fast-growing
market," Eugenio Razelli, Magneti Marelli CEO disclosed.
Magneti Marelli, a company belonging to the Fiat Group, designs,
produces and markets advanced systems and components for motor
vehicles. With its 45 production facilities (55 production
units), 9 R&D centres and 27 application centres in 16
countries, 25,000 employees and a turnover of 4.5 billion Euros
in 2006, the group supplies all the leading car makers in
Europe, North and South America and the Far East.
About Fiat SpA
Headquartered in Turin, Italy, Fiat S.p.A. --
http://www.fiatgroup.com/-- manufactures and sells automobiles,
commercial vehicles, and agricultural and construction
equipment. Fiat's creditors include Banca Intesa, Banca Monte
dei Paschi di Siena, Banca Nazionale del Lavoro, Capitalia,
Sanpaolo IMI, and UniCredito Italiano.
Fiat operates in Argentina, Australia, Austria, Belgium, Brazil,
Bulgaria, China, Czech Republic, Denmark, France, Germany,
Greece, Hungary, India, Ireland, Italy, Japan, Lituania,
Netherlands, Poland, Portugal, Romania, Russia, Singapore,
Spain, among others.
* * *
As reported on Aug. 24, 2007, Moody's Investors Service upgraded
to Ba1 from Ba2 Fiat SpA's Corporate Family Rating, and the
group's other long-term senior unsecured ratings.
At the same time, the positive outlook on all long-term ratings
was maintained. The short term Not Prime rating remains
unchanged.
GENERAL MOTORS: LatAm Sales Up in Third Quarter
-----------------------------------------------
General Motors Inc. posted a 22% increase in combined sales from
Latin America, Africa and the Middle East for the third quarter,
according to reports.
The carmaker sold 329,000 vehicles in those regions, up from
59,000 the previous year, the Associated Press says.
The company's market share rose to 17.5%, which is its highest
third-quarter market share since 1997, newratings.com says.
Sales have risen by 20% to 849,000 vehicles year to date, driven
by record high sales in Brazil, Colombia, Egypt and Venezuela,
General Headquartered in Detroit, Michigan, General Motors Corp.
(NYSE: GM) -- http://www.gm.com/-- was founded in 1908. GM
employs about 280,000 people around the world and manufactures
cars and trucks in 33 countries, including the United Kingdom,
Germany, France, Russia, Brazil and India. In 2006, nearly 9.1
million GM cars and trucks were sold globally under the
following brands: Buick, Cadillac, Chevrolet, GMC, GM Daewoo,
Holden, HUMMER, Opel, Pontiac, Saab, Saturn and Vauxhall. GM's
OnStar subsidiary is the industry leader in vehicle safety,
security and information services.
* * *
As reported in the Troubled Company Reporter on Sept. 28, 2007,
Fitch Ratings has affirmed and removed the Issuer Default Rating
and debt ratings of General Motors from Rating Watch Negative
following the announcement that GM has reached an agreement on a
new contract with the United Auto Workers. Fitch currently
rates GM as: IDR 'B'; Senior secured 'BB/RR1'; and Senior
unsecured 'B- /RR5'. Fitch puts a negative outlook on GM's
ratings.
As reported in Troubled Company Reporter on Sept. 26, 2007,
Moody's Investors Service is maintaining its current ratings of
General Motors Corporation -- B3 Corporate Family, Caa1 senior
unsecured and Ba3 senior secured, and Negative Outlook following
the announcement of a strike against the company by the United
Auto Workers Union.
Following the decision of the United Auto Workers union to go
out on strike against General Motors Corp., Fitch Ratings placed
General Motors Corporation's 'B' issuer default rating, 'BB/RR1'
senior secured debt rating; and 'B-/RR5' senior unsecured debt
rating on Rating Watch Negative.
JAPAN AIRLINES: Expands Code Share with Korean Air Lines
--------------------------------------------------------
Japan Airlines International Co., Ltd., and Korean Air Lines
agreed to expand their code share operations to include the
airlines' flights operating between Haneda airport, Tokyo and
Gimpo airport in Seoul. The agreement will come into effect on
October 28, 2007, and is subject to government approval.
Both JAL and Korean Air operate their own twice-daily services
between the two airports. The code share agreement will enable
them to place their airline designator code on each other's
flights. Tickets for the new code share flights go on sale from
October 17, 2007.
At present, JAL including Korean Air Lines code shares serves
South Korea on 14 routes with a total of 214 round-trip flights
per week, linking Seoul, Busan and Jeju Island to 8 cities
Japan. With the addition of the two new daily code share
flights to Gimpo, JAL will offer a total of 228 round-trip
flights.
JAL and Korean Air Lines first started code sharing in
Aug. 1, 2004, with flights between Seoul and the regional
Japanese cities of Komatsu, Niigata and Sapporo.
A detailed list of the schedules and their destinations can be
viewed for free at JAL's company website at:
http://www.jal.com/en/press/0001143/1143.html
About Japan Airlines
Tokyo-based Japan Airlines International Company, Limited --
http://www.jal.com/en/-- was created as a result of the merger
of Japan Airlines and Japan Air Systems to boost domestic
coverage. Japan Airlines flies to the United States, Brazil and
France.
* * *
The Troubled Company Reporter - Asia Pacific reported on
Feb. 9, 2007, that Standard & Poor's Ratings Services affirmed
its 'B+' long-term corporate credit and issue ratings on Japan
Airlines Corp. (B+/Negative/--) following the company's
announcement of its new medium-term management plan. The
outlook on the long-term corporate credit rating is negative.
The TCR-AP reported on Oct. 10, 2006, that Moody's Investors
Service affirmed its Ba3 long-term debt ratings and issuer
ratings for both Japan Airlines International Co., Ltd and Japan
Airlines Domestic Co., Ltd. The rating affirmation is in
response to the planned restructuring of the Japan Airlines
Corporation group on Oct. 1, 2006 with the completion of the
merger of JAL's two operating subsidiaries, JAL International
and Japan Airlines Domestic. JAL International will be the
surviving company. The rating outlook is stable.
Fitch Ratings Tokyo analyst Satoru Aoyama said that the
company's debt obligations and expenses for new aircraft have
placed it in an unfavorable financial position. Fitch assigned
a BB- rating on the company, which is three notches lower than
investment grade.
LEVI STRAUSS: Fitch Puts BB+ Rating on US$750MM Credit Facility
---------------------------------------------------------------
Fitch Ratings has assigned a 'BB+' rating to Levi Strauss & Co's
second amended and restated US$750 million 5-year Asset-Based
Revolving Credit Facility. The Rating Outlook is Stable.
Fitch currently rates Levi Strauss & Co. as:
-- Issuer Default Rating 'BB-';
-- Bank Credit Facility 'BB+';
-- Senior Unsecured Notes 'BB-';
This rating action follows the company's announcement that it
has entered into an amended credit agreement, which increases
the maximum size to US$750 million from US$550 million. The
facility includes a US$250 million term loan tranche priced at
LIBOR + 250 basis points. The remaining revolving credit
tranche has an initial price of LIBOR + 150 basis points. The
entire facility will be secured by, among other domestic assets,
certain U.S. trademarks associated with the Levi's' brand.
Availability will not be reduced by repayments on the term loan
tranche. The lien on the trademarks will be released when the
term loan tranche is fully repaid.
On Oct. 11, 2007, the company drew US$343.2 million under the
amended credit facility and used US$220 million from cash on
hand to purchase the tendered 12.25% senior unsecured notes due
December 2012, in connection with its cash tender offer.
The rating reflects the improvements made to stabilize Levi's
operations and operating margins as well as its well-known brand
names, geographic diversity and good liquidity position. The
rating also considers the company's high debt balances and the
competitive operating environment of the denim and casual
bottoms market.
Levi Strauss should continue to benefit from its improved cost
structure and brand investments despite challenges in the U.S.
Levi Strauss Signature brand, which represented less than 8% of
fiscal 2006 revenues and fewer than 4% of operating income
before corporate expenses. In addition, Fitch expects that
management will remain committed to its plan to reduce debt and
interest costs over time.
Founded in 1853 by Bavarian immigrant Levi Strauss, Levi Strauss
& Co. -- http://www.levistrauss.com/-- is one of the world's
largest brand-name apparel marketers with sales in more than 110
countries. The company market-leading apparel products are sold
under the Levi's(R), Dockers(R) and Levi Strauss Signature(R)
brands.
Levi Strauss & Co. is privately held by descendants of the
family of Levi Strauss. Shares of company stock are not
publicly traded. Shares of Levi Strauss Japan K.K., the
company's Japanese affiliate, are publicly traded in Japan.
The company employs a staff of approximately 10,000 worldwide,
including approximately 1,010 at the company's San Francisco,
California headquarters. Levi Strauss Europe is headquartered
in Brussels, Belgium, while Levi's Asia Pacific division is
based in Singapore. Levi's has operations in Brazil, Mexico,
Chile and Peru.
* BRAZIL: Petrobras Starts Biodiesel Output with Galp Energia
-------------------------------------------------------------
Brazilian state-run oil firm Petroleo Brasileiro SA will begin
biodiesel production with Portuguese energy company Galp Energia
in a 50:50 joint venture by year-end, Portugal's Agencia Lusa
newswire reports, citing Galp Energia head Manuel Ferreira de
Oliveira.
Mr. Ferreira de Oliveira told Business News Americas, "We are
concluding the legal aspects of this partnership and making the
business plans needed to make the joint venture economically
feasible. The whole process will be concluded in 2007 and we
will start working."
The joint venture is aimed at the production of 600,000 tons per
year of vegetable oils in Brazil. Half of the oils produced
would be processed in Galp Energia plants, while the other half
would be shipped as biodiesel to Europe, BNamericas states.
About Petroleo Brasileiro
Headquartered in Rio de Janeiro, Brazil, Petroleo Brasileiro SA
aka Petrobras -- http://www2.petrobras.com.br/ingles/index.asp
-- was founded in 1953. The company explores, produces,
refines, transports, markets, distributes oil and natural gas
and power to various wholesale customers and retail distributors
in Brazil. Petrobras has operations in China, India, Japan, and
Singapore.
* * *
As reported on Nov. 24, 2006, Standard & Poor's Ratings Services
revised its outlook on its long-term ratings on the Federative
Republic of Brazil to positive from stable. Standard & Poor's
also affirmed these ratings on the Republic of Brazil:
-- 'BB' for long-term foreign currency credit rating,
-- 'BB+' for long-term local currency credit rating, and
-- 'B' for short-term currency sovereign credit rating.
* * *
As reported in the Troubled Company Reporter-Latin America on
May 14, 2007, Fitch Ratings upgraded Brazil's long-t