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
Monday, December 17, 2007, Vol. 8, Issue 249
Headlines
A R G E N T I N A
ALITALIA SPA: Air France Sees Profitable Italian Carrier
AMTRAX: Proofs of Claim Verification Deadline Is March 25, 2008
DANA CORP: Wants to Sell Cape Girardeau Property for US$2.8 Mil.
DANA CORP: Wants to Sell Stateville Property for US$9.6 Million
GRUPO GARDA: Proofs of Claim Verification Ends March 26, 2008
LOS QUERANDIES: Proofs of Claim Verification Ends March 5, 2008
NURTEX SRL: Files for Reorganization in Buenos Aires Court
SCO GROUP: Can Hire Boies Schiller as Special Litigation Counsel
SECURICOR SA: Proofs of Claim Verification Ends on March 4, 2008
SEROGEN SRL: Proofs of Claim Verification Deadline Is Feb. 22
SUN MICROSYSTEMS: Acquires EFTPOS Services Business from PCI
SUN MICROSYSTEMS: To Create Web 2.0 Architecture for Japan Gov't
TELECOMPRAS SA: Proofs of Claim Verification Deadline Is Feb. 21
TERRAMED SRL: Files for Reorganization in Buenos Aires Court
B E R M U D A
DARRELL CONTRACTING: Receiver To File for Dissolution by Dec. 24
SAXON HOLDINGS: Proofs of Claim Filing Deadline Is Dec. 27
SAXON HOLDINGS: Sets Final Shareholders Meeting for Jan. 17
B O L I V I A
EXIDE TECH: Plans Capacity Expansion at Tudor India Location
B R A Z I L
BANCO NACIONAL: Disbursements Top BRL66.7 Bil. in Twelve Months
BANCO NACIONAL: Petrobras Closes BRL2.49-Billion Funding Deal
BASELL AF: Lyondell & Equistar Get Consents to Amend Indenture
COMPANHIA SIDERURGICA: To Ink Letter of Intent with Minas Gerais
DELHI CORP: Court Okays Equity Purchase & Commitment Agreement
DELPHI CORP: Court Approves Modified Disclosure Statement
DELPHI CORP: Court Sets Plan Confirmation Hearing on January 17
LYONDELL CHEMICAL: Gets Requisite Consents to Amend Indenture
* BRAZIL: Petrobras & REFAP Commence Marketing of Biodiesel
* BRAZIL: Petrobras Closes BRL2.49-Bln Funding Deal with BNDES
* BRAZIL: Petrobras to Create Mix Corporation with PDVSA
C A Y M A N I S L A N D S
BLACKROCK FIXED: Holding Final Shareholders Meeting Today
COPPER RIVER: To Hold Final Shareholders Meeting Today
FREE SPIRIT: Will Hold Final Shareholders Meeting Today
DELTAMAR LIMITED: Proofs of Claim Filing Deadline Is Today
DREMAN HIGH: Final Shareholders Meeting Is Today
GREAT WEST: Final Shareholders Meeting Is Today
GRIFFIN MANAGEMENT: Will Hold Final Shareholders Meeting Today
ISLAND VISION: Holding Final Shareholders Meeting Today
JUNO FUND: Will Hold Final Shareholders Meeting Today
MEANDERING MOOSE: Holding Final Shareholders Meeting Today
MUSTANG SCDO: Final Shareholders Meeting Is Today
O'CONNOR GLOBAL: Will Hold Final Shareholders Meeting Today
PARK TOWN: To Hold Final Shareholders Meeting Today
PARMALAT SPA: Faces Antitrust Probe Over Newlat Sale Delays
SPINNING GLOBE: Will Hold Final Shareholders Meeting Today
STILL EAGLE: Will Hold Final Shareholders Meeting Today
STONE CHALICE: Final Shareholders Meeting Is Today
THUNDER CLOUD: Final Shareholders Meeting Is Today
UBS GLOBAL: Final Shareholders Meeting Is Today
UBS NEUTRAL: Will Hold Final Shareholders Meeting Today
UBS NEUTRAL ALPHA: Holding Final Shareholders Meeting Today
UBS NEUTRAL (AUSTRALIAN): Final Shareholders Meeting Is Today
C H I L E
EASTMAN KODAK: Board Picks Three Officers as Vice Presidents
C O L O M B I A
BURGER KING: Launches First Restaurant in Colombia
G U A T E M A L A
MILLICOM INTERNATIONAL: Comments on Colombia Regulatory Changes
H O N D U R A S
* HONDURAS: Will Name New Hondutel Head
M E X I C O
DURA AUTOMOTIVE: Extends Marketing Period for US$425MM Exit Loan
FGX INT'L: Sept. 29 Balance Sheet Upside-Down by US$78.04 Mil.
FORD MOTOR: Russian Authorities Ban Pickets
JETBLUE AIRWAYS: Sells 19% Stake to Lufthansa for US$300 Million
KANSAS CITY SOUTHERN: Recommends Site 3 for Rail Bridge Location
P E R U
FREEPORT-MCMORAN: Discloses New Operations Management Structure
P U E R T O R I C O
LIN TV: May Not Reach Retransmission Agreement with Cable One
ROYAL CARIBBEAN: Forms TUI Cruises in New Venture with TUI AG
V E N E Z U E L A
PETROLEOS DE VENEZUELA: To Create Mix Corporation with Petrobras
* VENEZUELA: Mr. Chavez To Assess Bilateral Pacts with Mr. Lula
* Large Companies with Insolvent Balance Sheets
- - - - -
=================
A R G E N T I N A
=================
ALITALIA SPA: Air France Sees Profitable Italian Carrier
--------------------------------------------------------
Air France-KLM says its planned takeover of Alitalia S.p.A.
could bring the Italian carrier back into profitability.
"Air France-KLM wishes to share with Alitalia the benefits of
the profitable growth strategy it has successfully implemented
over the last four years," the French carrier said in a
statement. "As for Alitalia, by joining Air France-KLM, it
would be part of the world's leading air transport group, thus
strengthening its position."
Air France said it aims to have Alitalia win back the Italian
market by developing its network and asserting its Italian brand
and identity.
The French carrier said it would propose a large number of
European and intercontinental destinations to and from Rome-
Fiumicino Airport, which would be organized as a hub in the same
way as Paris-Charles de Gaulle and Schiphol.
Air France also plans to operate medium and long-haul direct
services to and from Milan, "with enhanced service quality to
better meet the needs of business customers."
Jean-Cyril Spinetta, Air France CEO, said its business plan --
which he described as clearer than AirOne S.p.A.'s -- "will be a
success," Reuters reports.
"I am convinced that the creative talent and Italian experience
will carry Alitalia to a new stage in its history," Mr. Spinetta
was quoted by Thomson Financial as saying.
Air France and AirOne
Alitalia chairman Maurizio Prato told Italian daily Corriere
della Sera that Air France's business plan is clearer than
AirOne. Mr. Prato noted that the French carrier's plan mirrored
Alitalia's turnaround.
"For AirOne, aside from some generic statements about remaining
at both hubs, increasing the fleet and renewing it, we still
need to understand how the plan actually functions," Mr. Prato
told Corriere della Sera.
Italian industry minister Pier Luigi Bersani, however, said that
Mr. Prato's comments reflect the decision on the sale.
"We should be looking at the offers, not interviews," Mr.
Bersani was quoted by Bloomberg News as saying.
Intesa Sanpaolo S.p.A., AirOne's financial backer, said selling
Alitalia to Air France would be like "throwing [the national
carrier] away," Bloomberg News relates.
"It's a choice that is a lot like giving up," Corrado Passera,
Intesa Sanpaolo CEO, was quoted by Bloomberg News as saying.
"[Air One's offer] is the only concrete solution to avoid ceding
a national strategic asset and at the same time guarantee a
turnaround of the airline," AirOne Chairman Carlo Toto said in
an e-mailed statement to Bloomberg News.
As reported in the TCR-Europe on Dec. 7, 2007, Alitalia received
non-binding proposals for the Italian government's 49.9% stake
from:
-- Air France-KLM,
-- AP Holding S.p.A., and
-- Cordata Baldassarre.
About Alitalia
Headquartered in Rome, Italy, Alitalia S.p.A. --
http://www.alitalia.it/-- provides air travel services for
passengers and air transport of cargo on national, international
and inter-continental routes. The Italian government owns 49.9%
of Alitalia. The company has operations in Argentina.
Despite a EUR1.4 billion state-backed restructuring in 1997,
Alitalia posted net losses of EUR256 million and EUR907 million
in 2000 and 2001 respectively. Alitalia posted EUR93 million in
net profits in 2002 after a EUR1.4 billion capital injection.
The carrier booked annual net losses of EUR520 million in 2003,
EUR813 million in 2004, EUR168 million in 2005, and
EUR625.6 million in 2006.
Italian Transport Minister Alessandro Bianchi has warned that
Alitalia may file for bankruptcy if the current attempt to sell
the government's 49.9% stake fails.
AMTRAX: Proofs of Claim Verification Deadline Is March 25, 2008
---------------------------------------------------------------
Pedro Mazzola, the court-appointed trustee for Amtrax S.A.'s
bankruptcy proceeding, verifies creditors'proofs of claim until
March 12, 2008.
Mr. Mazzola will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance in 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 Amtrax 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 Amtrax's accounting
and banking records will be submitted in court.
Infobae didn't state the reports submission deadline.
Mr. Mazzola is also in charge of administering Brando Hnos.'s
assets under court supervision and will take part in their
disposal to the extent established by law.
The trustee can be reached at:
Pedro Mazzola
Cramer 1859
Buenos Aires, Argentina
DANA CORP: Wants to Sell Cape Girardeau Property for US$2.8 Mil.
----------------------------------------------------------------
Dana Corp. and its debtor-affiliates ask authority from the U.S.
Bankruptcy Court for the to sell a 15-acre parcel of real estate
and a 150,000 square-foot building located at 2075 Corporate
Circle in Cape Girardeau, Missouri, to Schaefer's Power Panels,
Inc., for US$2,841,750.
The Debtors currently use the property for manufacturing, and
they are in the process of closing the manufacturing operations,
Corinne Ball, Esq., at Jones Day, in New York relates.
In accordance with an Asset Purchase Agreement, Schaefer will
bear the cost of the title commitment, inspection and any survey
and the other half of Dana Corp.'s escrow and closing fees. At
closing, the Debtors will pay all real estate taxes and
installments of assessments that are due and payable as of the
closing date that are not prepetition taxes.
The Debtors will have the right to occupy the property until
Jan. 31, 2008, under a rent free leaseback where they will be
responsible for all utility and custodial services and any
repair liabilities up to US$5,000 in aggregate.
Furthermore, the Debtors propose to pay broker commissions of
US$107,061 to Signature Associates and US$128,475 to Lorimont
Place, Ltd. The Debtors represent that Signature served as a
primary broker on the proposed sale, and Lorimont worked with
Signature as a cooperating broker. Thus, the Debtors seek the
Court's authority to pay Lorimont's commission.
About Dana
Headquartered in Toledo, Ohio, Dana Corporation --
http://www.dana.com/-- designs and manufactures products
for every major vehicle producer in the world, and supplies
drivetrain, chassis, structural, and engine technologies to
those companies. Dana employs 46,000 people in 28 countries.
Dana is focused on being an essential partner to automotive,
commercial, and off-highway vehicle customers, which
collectively produce more than 60 million vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on March 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Aug. 31, 2007, the Debtors listed US$6,878,000,000 in total
assets and US$7,551,000,000 in total debts resulting in a total
shareholders' deficit of US$673,000,000.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on
Aug. 31, 2007. On Oct. 23, 2007, the Court approved the
adequacy of the Disclosure Statement explaining their Plan. The
Court has set Dec. 10, 2007, to consider confirmation of the
Plan. (Dana Corporation Bankruptcy News, Issue No. 65;
Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
DANA CORP: Wants to Sell Stateville Property for US$9.6 Million
---------------------------------------------------------------
Dana Corp. and its debtor-affiliates seek authority from the
U.S. Bankruptcy Court for the to sell a 96-acre parcel of real
estate located at 1293 Glenway Drive in Statesville, North
Carolina, including all personal property, furnishings, fixtures
and equipment, to Doosan Infracore America Corporation for
US$9.6 million.
Corinne Ball, Esq., at Jones Day, in New York relates that the
Debtors have closed the manufacturing operations located in the
property.
At closing, the Debtors will pay all real estate taxes and
installments of assessments that are due and payable as of the
closing that are not prepetition taxes. Doosan will pay all
prepetition taxes and will be entitled to credit those against
the purchase price.
Pursuant to the Asset Purchase Agreement, the Debtors propose to
pay broker commissions of US$360,000 to Signature Associates and
US$200,000 to Binswanger Corporation and Stiles and Company.
Binswanger worked with Signature to represent the Debtors on the
proposed sale while Stiles represented Doosan.
The Debtors will assume and assign to Doosan the existing phone
system lease related to the Statesville property with LaSalle
Systems Leasing, Inc. at the closing of the proposed sale.
About Dana
Headquartered in Toledo, Ohio, Dana Corporation --
http://www.dana.com/-- designs and manufactures products
for every major vehicle producer in the world, and supplies
drivetrain, chassis, structural, and engine technologies to
those companies. Dana employs 46,000 people in 28 countries.
Dana is focused on being an essential partner to automotive,
commercial, and off-highway vehicle customers, which
collectively produce more than 60 million vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin-American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on March 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Aug. 31, 2007, the Debtors listed US$6,878,000,000 in total
assets and US$7,551,000,000 in total debts resulting in a total
shareholders' deficit of US$673,000,000.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on
Aug. 31, 2007. On Oct. 23, 2007, the Court approved the
adequacy of the Disclosure Statement explaining their Plan. The
Court has set Dec. 10, 2007, to consider confirmation of the
Plan. (Dana Corporation Bankruptcy News, Issue No. 65;
Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
GRUPO GARDA: Proofs of Claim Verification Ends March 26, 2008
-------------------------------------------------------------
Cecilia Beatriz Montelvetti, the court-appointed trustee for
Grupo Garda S.A.'s bankruptcy proceeding, verifies
creditors'proofs of claim until March 26, 2008.
Ms. Montelvetti will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance in 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 Grupo Garda
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 Grupo Garda's
accounting and banking records will be submitted in court.
Infobae didn't state the reports submission deadline.
Ms. Montelvetti is also in charge of administering Grupo Garda's
assets under court supervision and will take part in their
disposal to the extent established by law.
The trustee can be reached at:
Cecilia Beatriz Montelvetti
Gral. Urquiza 2134
Buenos Aires, Argentina
LOS QUERANDIES: Proofs of Claim Verification Ends March 5, 2008
---------------------------------------------------------------
Nora Lujan Otegui, the court-appointed trustee for Los
Querandies S.A.'s bankruptcy proceeding, verifies creditors'
proofs of claim until March 5, 2008.
Ms. Otegui will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance in Pergamino, 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 Los Querandies 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 Los Querandies'
accounting and banking records will be submitted in court.
Infobae didn't state the reports submission deadline.
Ms. Otegui is also in charge of administering Los Querandies'
assets under court supervision and will take part in their
disposal to the extent established by law.
The debtor can be reached at:
Los Querandies S.A.
Juan Manuel de Rosas y Ruta 32, Pergamino
Buenos Aires, Argentina
The trustee can be reached at:
Nora Lujan Otegui
Merced 723, Pergamino
Buenos Aires, Argentina
NURTEX SRL: Files for Reorganization in Buenos Aires Court
----------------------------------------------------------
Nurtex S.R.L. has requested for reorganization approval after
failing to pay its liabilities.
The reorganization petition, once approved by the court, will
allow Nurtex to negotiate a settlement with its creditors in
order to avoid a straight liquidation.
The case is pending in the National Commercial Court of First
Instance in Buenos Aires.
The debtor can be reached at:
Nurtex S.R.L.
Boedo 1338/1342, Unidad 1
Planta Baja, Buenos Aires
Argentina
SCO GROUP: Can Hire Boies Schiller as Special Litigation Counsel
----------------------------------------------------------------
The SCO Group Inc. and SCO Operations Inc. obtained authority
from the United States Bankruptcy Court for the District of
Delaware to employ Boies, Schiller & flexner LLP as special
litigation counsel.
As reported in the Troubled Company Reporter on Nov. 1, 2007,
Boies Schiller will assist the Debtors in connection with the
continuation of the SCO Litigation. The SCO Litigation consists
of these pending matters:
-- SCO Group v. International Businesses Machines Corp.
pending in the U.S. District Court for the District of
Utah;
-- SCO Group v. Novell Inc. pending in the U.S. District
Court for the District of Utah;
-- Red Hat Inc. v. SCO Group pending in the U.S. District
Court for the District of Delaware;
-- SCO Group v. Autozone Inc. pending in the U.S. District
Court for the District of Nevada;
-- SCO Group v. DaimlerChrysler Corporation pending in the
State of Michigan, Circuit Court for the County of
Oakland;
-- Gray Litigation: Wayne R. Gray v. Novell, SCO Group and
X/Open Company Ltd. pending in the U.S. District Court for
the Middle District of Florida; and
-- SuSE Linux GmbH v. SCO Group pending before the
International Court of Arbitration.
Specifically, the firm is expected to:
a. give advice to the Debtors with respect to the SCO
Litigation;
b. prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary
in the prosecution, defense or appeal of administration of
the SCO Litigation;
c. represent the Debtors at all trials, hearings or
arbitration proceedings with respect to the SCO
Litigation; and
d. protect the interests of the Debtors with respect to the
SCO Litigation.
Subject to the Court's approval, the Debtors will pay the firm
at its standard hourly rate with respect to the Gray Litigation
and 50% of its standard hourly rates with respect to the SuSE
Arbitration and continue the terms of their pre-bankruptcy
engagement on other SCO Litigation.
The Debtors believe that the employment of the firm is necessary
and in the best interest of the Debtors' estates. To the best
of the Debtors' knowledge, Boies Schiller does not represent or
hold any interest adverse to the Debtors or their estates.
The firm can be reached at:
Stuart H. Singer, Esq.
Boies, Schiller & flexner LLP
333 Main St.
Armonk, NY 10504-1812
Tel: (914) 749-8200
Fax: (914) 749-8300
http://www.bsfllp.com/
Headquartered in Lindon, Utah, The SCO Group Inc. (Nasdaq: SCOX)
fka Caldera International Inc. -- http://www.sco.com/--
provides software technology for distributed, embedded and
network-based systems, offering SCO OpenServer for small to
medium business and UnixWare for enterprise applications and
digital network services. The company has office locations in
Australia, Austria, Argentina, Brazil, China, Japan, Poland,
Russia, the United Kingdom, among others.
The company and its affiliate, SCO Operations Inc., filed for
Chapter 11 protection on Sept. 14, 2007, (Bankr. D. Del. Lead
Case No. 07-11337). Epiq Bankruptcy Solutions, LLC, acts as the
Debtors' claims and noticing agent. The United States Trustee
failed to form an Official Committee of Unsecured Creditors in
these cases due to insufficient response from creditors. The
Debtors' exclusive period to file a chapter 11 plan expires on
March 12, 2008. The Debtors' schedules of assets and
liabilities showed total assets of US$9,549,519 and total
liabilities of US$3,018,489.
SECURICOR SA: Proofs of Claim Verification Ends on March 4, 2008
----------------------------------------------------------------
Carlos Alberto Llorca, the court-appointed trustee for Securicor
SA's bankruptcy proceeding, verifies creditors' proofs of claim
until March 4, 2008.
Mr. Llorca will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance No. 5 in Buenos Aires, with the assistance of Clerk
No. 9, 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 Securicor 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 Securicor's
accounting and banking records will be submitted in court.
La Nacion didn't state the reports submission deadlines.
Mr. Llorca is also in charge of administering Securicor's assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at:
Securicor SA
Teniente General Donato Alvarez 860
Buenos Aires, Argentina
The trustee can be reached at:
Carlos Alberto Llorca
Carlos Pellegrini 385
Buenos Aires, Argentina
SEROGEN SRL: Proofs of Claim Verification Deadline Is Feb. 22
-------------------------------------------------------------
Reinaldo Cesar Pireni, the court-appointed trustee for Serogen
S.R.L.'s bankruptcy proceeding, verifies creditors' proofs of
claim until Feb. 22, 2008.
Mr. Pireni will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance in 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 Serogen 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 Serogen's accounting
and banking records will be submitted in court.
Infobae didn't state the reports submission deadline.
Mr. Pireni is also in charge of administering Serogen's assets
under court supervision and will take part in their disposal to
the extent established by law.
The trustee can be reached at:
Reinaldo Cesar Pireni
Avenida Callao 930
Buenos Aires, Argentina
SUN MICROSYSTEMS: Acquires EFTPOS Services Business from PCI
------------------------------------------------------------
VeriFone Holdings Inc. has acquired the EFTPOS services business
of Peripheral Computer Industries to enhance its ability to
provide acquirer banks and other organizations with one-stop
electronic payments products and services.
Local acquirers are increasingly reliant on partners to add
value to their product offerings through expanded solutions and
managed service offerings while at the same time reducing their
cost of ownership. With an expanded services organization,
VeriFone Australia now has the ability to provide one-stop
shopping with a complete array of APCA-certified products,
software solutions and an integrated services capability.
APCA - Australian Payments Clearing Association - has defined
standards for design, security and functionality in line with
global standards. VeriFone has developed a broad portfolio of
powerful system solutions and peripherals that have received
APCA certification.
"PCI has built up one of the largest EFTPOS service companies in
Australia, with a superior service infrastructure, strong
customer relationship management skills and a large help desk
organization," said William C. Nichols, senior vice president,
VeriFone Asia Pacific. "With the continuing growth in
electronic payments and the industry's need to comply with
global security standards such as PCI, EMV and local APCA
mandates, these resources will further enhance VeriFone's
ability to provide a full complement of integrated point-of-sale
payment solutions and services.
"With this acquisition VeriFone will provide a variety of value
added services to our customers not only in Australia and New
Zealand but across the South East Asia market," Mr. Nichols
said. "Our Melbourne-based Helpdesk is capable of providing
7x24 coverage. VeriFone is the only company to offer key
injection, repairs, installation and maintenance and software
development in both Sydney and Melbourne to service local
customers."
The PCI acquisition will also provide a launch pad for
VeriFone's expanded product portfolio of unattended, petro and
retail solutions, which have seen considerable success around
the globe.
Australia is one of the largest EFTPOS markets in Asia, with an
installed base of over 500,000 payment systems. VeriFone
markets and supports secure technology that enables electronic
payment transactions and value-added services at the point of
sale throughout Asia and the Pacific Rim region. The company
delivers advanced payment solutions based on leading-edge IP
technologies such as Ethernet, Wi-Fi, CDMA and GPRS.
About VeriFone Holdings Inc.
Headquartered in San Jose, Calif., VeriFone Holdings Inc. (NYSE:
PAY) -- http://www.verifone.com/-- provides secure electronic
payment solutions. VeriFone provides expertise, solutions and
services that add value to the point of sale with merchant-
operated, consumer-facing and self-service payment systems for
the financial, retail, hospitality, petroleum, government and
healthcare vertical markets.
The company has operations in Argentina, Australia, Brazil,
China, France, India, Malaysia, Poland, the United Kingdom, the
United States, among others.
* * *
Verifone Holdings Inc. still carries Moody's Moody's Investors
Service 'B1' long-term corporate family rating. Moody's said
the rating outlook is stable.
SUN MICROSYSTEMS: To Create Web 2.0 Architecture for Japan Gov't
----------------------------------------------------------------
Sun Microsystems Inc. reported that Japan has chosen Sun to
create an open, Web 2.0 architecture that will better leverage
IT to deliver better government services to citizens. Japan,
Singapore and Norway each join the growing list of governments
that have already turned to Sun for efficient, scalable
architectures that accurately manage global information flow and
help maximize productivity.
Governments around the globe are looking to use IT to give their
constituents a single point of access to available governmental
services. Open Source technologies, such as the OpenSolaris
operating system, help foster a strong ecosystem of developers
and independent software vendors that can be leveraged by
governments as it looks to scale the initiative and provide more
services to the country.
The government of Japan has been keenly exploring ways to
provide electronic government services for many years, which led
to the formulation of the "New IT Reform Strategy" in January
2006. The strategy has a goal of making 50 percent of all
applications and filings for government agencies to be submitted
online by 2010, which can only be attained if the service
infrastructures are up to speed with taxpayers' expectations.
Sun was chosen to create an integrated and inherently secure
network, called Trusted Network, which will help enable a true
one-stop service infrastructure. The complete Sun solution is
comprised of OpenSolaris OS, Sun Java System Identity Manager
software, Sun Java Composite Application Platform Suite and Sun
Ray thin clients.
"Until recently, many government agencies opted not to gamble
with any level of open access," said Crawford Beveridge, EVP and
Chairman EMEA, APAC and the Americas, Sun Microsystems, Inc.
"But in a changing world, providing personalized, citizen-
centric and business-centric benefits and services that maximize
the value of taxpayers' money is a shining example of the vision
for Web 2.0. Sun's extensive expertise, coupled with secure IT
systems and software, are helping pave the way for governments
to use technology to improve prosperity and welfare for its
citizens, allow for a more open and transparent communication
between the government and its citizens and can reduce
administrative costs of providing services."
Sun has achieved great momentum in the eGovernment space, with
wins such as:
Norway
MyGov is part of the Norwegian government's "eNorway 2009"
initiative designed to provide the country's 4.5 million
citizens with a single Web-based access point for all government
services. Leveraging a reliable and robust operating platform
comprised of the Sun Java Enterprise System, Sun identity
management solutions, x64 (x86 64-bit) and UltraSPARC T1
processor-based Sun Fire servers running the Solaris 10
Operating System, MyGov helps citizens to have secure, browser-
based public access to government services through a secure and
personalized portal interface. Just recently, MyGov's self-
service citizen portal, called Mypage, was named a winner at the
European eGovernment Awards for "participation and transparency
empowering citizens and business to influence open government,
policy-making and the way public administrations operate and
deliver services." Mypage offers more than 300 services for
citizens, and has more than 200,000 registered users it its
first four months of operation. The complete end-to-end Sun
solution helps the government to drive innovation and provide an
online platform where the citizens can handle their healthcare,
order tax cards, register and manage motor vehicles, manage
their student loans, communicate with public officials and
conduct other civic initiatives and services.
Singapore
Sun ally Ecquaria was awarded the contract to develop the NSS
(New Singapore Shares) Web site and eServices to help eligible
citizens to check their NSS allotment in real-time and instruct
the Central Provident Fund Board to exchange their NSS for cash.
Ecquaria leveraged Public eServices Infrastructure, a ready
government services delivery infrastructure jointly developed by
the government and a consortium consisting of Sun, Ecquaria and
other vendors. The NSS website and eServices were successfully
developed and launched in just three short weeks. The solution
is comprised on Java-based technologies, Sun UltraSPARC-based
servers and the Solaris 10 Operating System.
About Sun Microsystems
Headquartered in Santa Clara, California, Sun Microsystems Inc.
(NASDAQ: SUNW) -- http://www.sun.com/-- provides network
computing infrastructure solutions that include computer
systems, data management, support services and client solutions
and educational services. It sells networking solutions,
including products and services, in most major markets worldwide
through a combination of direct and indirect channels.
Sun Microsystems conducts business in 100 countries around the
globe, including Brazil, Argentina, India, Hungary, United
Kingdom, among others.
* * *
Sun Microsystems Inc. carries Moody's "Ba1" probability of
default and long-term corporate family ratings with a stable
outlook. The ratings were placed on Sept. 22, 2006, and
Sept. 22, 2005, respectively.
Sun Microsystems also carries Standard & Poor's "BB+" long-term
foreign and local issuer credit ratings, which were placed on
March 5, 2004, with a stable outlook.
TELECOMPRAS SA: Proofs of Claim Verification Deadline Is Feb. 21
----------------------------------------------------------------
Carlos Alberto Menendez, the court-appointed trustee for
Telecompras S.A.'s bankruptcy proceeding, verifies creditors'
proofs of claim until Feb. 21, 2008.
Mr. Menendez will present the validated claims in court as
individual reports on April 8, 2008. The National Commercial
Court of First Instance in 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 Telecompras 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 Telecompras'
accounting and banking records will be submitted in court.
Mr. Menendez is also in charge of administering Telecompras'
assets under court supervision and will take part in their
disposal to the extent established by law.
The debtor can be reached at:
Telecompras S.A.
Avenida Rivadavia 8346
Buenos Aires, Argentina
The trustee can be reached at:
Carlos Alberto Menendez
Ventura Bosch 7098
Buenos Aires, Argentina
TERRAMED SRL: Files for Reorganization in Buenos Aires Court
------------------------------------------------------------
Terramed S.R.L. has requested for reorganization approval after
failing to pay its liabilities.
The reorganization petition, once approved by the court, will
allow Terramed to negotiate a settlement with its creditors in
order to avoid a straight liquidation.
The case is pending in the National Commercial Court of First
Instance in Buenos Aires.
The debtor can be reached at:
Terramed S.R.L.
Terrada 1242
Buenos Aires, Argentina
=============
B E R M U D A
=============
DARRELL CONTRACTING: Receiver To File for Dissolution by Dec. 24
----------------------------------------------------------------
Stephen E. Lowe, the official receiver of Darrell Contracting
Services Ltd. will file in the Registrar of Companies for the
dissolution of the company by Dec. 24, 2007.
In line with Section 199A of the Companies Act 1981, Mr. Lowe is
satisfied that the realizable assets of Darrell Contracting are
insufficient to cover the expenses of the winding up and that
the affairs of the company do not require any further
investigation.
Mr. Lowe no longer performs any duties imposed upon him in
relation to Darrell Contracting, its creditors or contributors
by virtue of any provision of The Companies Act, other than his
duty to apply to the Registrar of Companies for the early
dissolution of the company.
The Registrar of Companies will dissolve Darrell Contracting
three months after receipt of Mr. Lowe's application.
Under Section 199B of the Companies Act, any creditor or
shareholder with grounds to believe that:
-- the realizable assets of the company are sufficient
to cover the expenses of the winding up;
-- the affairs of this company do require further
investigation; or
-- for any other reason the early dissolution of the
company is inappropriate,
the creditor of shareholder may apply to the Minister of Finance
to:
-- allow the winding up of the company to proceed as
if this notice had not been issued; and
-- defer the date on which the dissolution of the
company is to take effect.
SAXON HOLDINGS: Proofs of Claim Filing Deadline Is Dec. 27
----------------------------------------------------------
Saxon Holdings Ltd.'s creditors are given until Dec. 27, 2007,
to prove their claims to Robin J. Mayor, the company's
liquidator, or be excluded from receiving any distribution or
payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
Saxon Holdings's shareholder decided on Dec. 11, 2007, to place
the company into voluntary liquidation under Bermuda's Companies
Act 1981.
The liquidator can be reached at:
Robin J. Mayor
Messrs. Conyers Dill & Pearman
Clarendon House, Church Street
Hamilton, HM DX, Bermuda
SAXON HOLDINGS: Sets Final Shareholders Meeting for Jan. 17
-----------------------------------------------------------
Saxon Holdings Ltd. will hold its final shareholders meeting on
Jan. 17, 2008, at 9:30 a.m. at:
Messrs. Conyers Dill & Pearman
Clarendon House, Church Street
Hamilton, Bermuda
These matters will be taken up during the meeting:
-- receiving an account showing the manner in which
the winding-up of the company has been conducted
and its property disposed of and hearing any
explanation that may be given by the liquidator;
-- determination by resolution the manner in
which the books, accounts and documents of the
company and of the liquidator shall be
disposed; and
-- passing of a resolution dissolving the
company.
=============
B O L I V I A
=============
EXIDE TECH: Plans Capacity Expansion at Tudor India Location
------------------------------------------------------------
Exide Technologies is planning for the capacity expansion at its
transportation manufacturing facility in Gujarat, (Ahmedabad)
India. The Company is investing in equipment upgrades, line
expansions, infrastructure and utilities at its Tudor India Ltd.
location in its efforts to increase operational capacity from
600,000 batteries up to 1,000,000 batteries per year.
Best known for the production of the Prestolite(R) brand of
lead-acid batteries for both automotive and inverter
applications, TIL is the Indian arm of Chloride Motive Power
Batteries, UK, a wholly owned subsidiary of Alpharetta-Georgia
based Exide Technologies.
Most recently, TIL increased its capacity in FY07 resulting in
growth in its financial performance. For the half year ending
Sept. 30, 2007, TIL registered a 44 percent increase in net
sales to US$15 million as compared to the same period for the
previous year. The newest planned capacity expansion, expected
to be completed by June 2008, also will allow for the
operation's production of innovative state-of-the-art products
in wet form for original equipment and aftermarket customers in
the region.
"We expect that the planned capacity increase at TIL will allow
Exide to further increase its share and brand image in the
rapidly developing Asia Pacific battery market," said Luke Lu
President - Asia Pacific for Exide Technologies. "The expansion
is part of our Company's overall strategy that focuses on taking
advantage of profitable growth opportunities - both in
manufacturing and global sourcing - particularly in India and
China."
In 1997, TIL was the first company to introduce maintenance free
lead-acid batteries designed with polyethylene separators, cold
forged terminals and bone dry charged batteries in India, and
offer the products for most types of vehicles manufactured in
India, including cars, light and heavy commercial vehicles,
sport utility vehicles, and tractors.
With 16 branches and a wide dealer network of approximately 230
distributors in India, TIL is well equipped to serve a broad
range of customers in the global marketplace. The operation
supplies batteries to both original equipment and aftermarket
customers including American Power Conversion; Ashok Leyland;
Atlas Capco; Caterpillar; Indo Farm Equipment, International
Tractors, Mahindra & Mahindra Tractors; Reliance; Sudir Genset;
Supernova; Tatra; Voltas; and Volvo.
About Exide Technologies
Headquartered in Princeton, New Jersey, Exide Technologies
(NASDAQ: XIDE) -- http://www.exide.com/-- manufactures and
distributes lead acid batteries and other related electrical
energy storage products.
The company has operations in 89 countries, including,
Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica,
Ecuador, El Salvador, Guatemala, Panama, Paraguay, Peru, Uruguay
and Venezuela.
The company filed for chapter 11 protection on Apr. 14, 2002
(Bankr. Del. Case No. 02-11125). Matthew N. Kleiman, Esq., and
Kirk A. Kennedy, Esq., at Kirkland & Ellis, represented the
Debtors in their successful restructuring. The Court confirmed
Exide's Amended Joint Chapter 11 Plan on April 20, 2004. The
plan took effect on May 5, 2004.
* * *
As reported in the Troubled Company Reporter-Latin America on
Nov. 23, 2007, Standard & Poor's Ratings Services has raised its
corporate credit rating on Exide Technologies to 'B-' from
'CCC+' because of the company's improved financial results,
which the company has achieved despite sharply higher lead
prices. S&P said the outlook is stable.
Moody's Investor Service placed Exide Technologies' senior
secured debt and probability of default ratings at 'Caa1' in
September 2006. The ratings still hold to date with a stable
outlook.
===========
B R A Z I L
===========
BANCO NACIONAL: Disbursements Top BRL66.7 Bil. in Twelve Months
---------------------------------------------------------------
Banco Nacional de Desenvolvimento Economico e Social's
disbursements the reached BRL66.7 billion in the last twelve
months ended in November, representing a 35% increase as
compared to the same period last year. Approvals followed the
same acceleration pace, totaling BRL89 billion -- a 33% high --
and keeping the hiatus relative to releases observed during the
year.
Inquiries for new BNDES financings between December 2006 and
November 2007 were BRL133.1 billion (a 30% increase) and the
framings, BRL109.8 billion (a 20% high).
The infrastructure sector continues being the main responsible
for the difference between the disbursement and approval values.
Projects in this area received BRL25.7 billion in the last 12
months, equivalent to a 44% expansion. Approvals grew 75%,
totaling BRL39 billion in the period. The largest demands came
from the electrical energy, with projects approved in the amount
of BRL9.8 billion (a 112% expansion), and transportation, of
BRL16.7 billion (an 88% high). For construction, BRL4 billion
were approved (a 78% high).
Disbursements for the industry in the last 12 months ended in
November grew 21%, totaling BRL30 billion. Approvals, in the
amount of BRL37.5 billion, represented a 6% high, with special
mention to agro-industry (BRL7.8 billion, a 140% high),
mechanics (BRL3.7 billion and a 102% high) and the mining
industry (BRL2.2 billion, or a 740% increase).
Agribusiness has accelerated its growth pace during the year,
recording a 43% increase in disbursements (BRL4.9 billion) and
21% in approvals (BRL4.9 billion).
Annual Result
Disbursements accumulated from January to November this year
added up to BRL56.6 billion, a sum 34.2% higher than in the same
period last year. Approvals, at BRL76.9 billion, exceeded by
23.6% the amount recorded in the same period in 2006. Framings
added up to BRL99.6 billion (a 16.9% high) while consultations
were 118 billion (a 29.8% high).
The industrial and infrastructure sectors were responsible for
most of the bank's disbursements in 2007, in the amount of
BRL23.8 billion (a 13% high) and BRL23.7 billion (a 58% high),
respectively. BRL4.4 billion was released for the agribusiness
(an 50.6% increase) and for commerce and services BRL4.7 billion
(an additional 88.6%).
During the year, in industry, the highlights in disbursements
were on account of the agro-industry (BRL4.5 billion, a 39%
high), metallurgy (BRL3.2 billion, a 91.5% high), chemical and
petrochemical (BRL3.7 billion, a 91.7% high) areas. In
infrastructure, the areas of land transportation (BRL9.8
billion, a 52% high) and electrical energy (BRL4.9 billion, a
78.5% high) have led disbursements.
As for approvals, the infrastructure sector surpassed industry,
in terms of the value of projects approved during the year,
totaling BRL34.9 billion (a 74.9% high). BRL31.7 billion were
approved for the industry (a 5.9% drop, as compared to the
previous period), but with a 69.4% growth in the volume of
operations carried out by the Bank, which totaled 22 thousand
between January and November 2007.
Porte
Disbursements for micro, small and medium-sized companies
(MPMEs) and for individuals reached BRL15.8 billion in the last
12 months ended in November, an amount 44% higher than in the
same period last year. A total of 185.6 thousand operations
were carried out, which represents a volume 86% higher than that
recorded between December 2005 and November 2006.
About BNDES
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.
* * *
Banco Nacional currently carries a Ba2 foreign long-term bank
deposit rating from Moody's, and a BB+ long-term foreign issuer
credit rating from Standards and Poor's. The ratings were
assigned in August and May 2007, respectively.
BANCO NACIONAL: Petrobras Closes BRL2.49-Billion Funding Deal
-------------------------------------------------------------
Petroleo Brasileiro SA has closed a funding deal worth BRL$2.49
billion, granted by the National Economic and Social Development
Bank (BNDES), for the Transportadora Urucu-Manaus S.A. special
purpose company, in charge of building the 383-km long, 20-inch
in diameter natural gas transportation pipeline to connect Coari
to Manaus, and of building distribution branches to supply seven
municipalities located along the gas pipeline's course. The
funds will also be used to build the 279-km, long 10-inch
nominal diameter liquefied petroleum gas (LPG) pipeline that
will connect the Arara Pole, in Urucu, to the Solimoes Terminal,
in Coari, State of Amazonas.
The natural gas will be used initially for thermoelectric power
generation in the city of Manaus, substituting for the fuel oil
generators that are currently used for this purpose. Later, it
will also supply the region's industrial, vehicle, commercial,
and residential sectors.
The gas pipeline will have two delivery points in Manaus, seven
distribution branches totaling 126 Km in length, to deliver gas
to municipalities located near the gas pipeline, and two
intermediary gas-compression stations. The project also
foresees the re-adaptation of an existing 18-inch nominal
diameter pipeline between Urucu and Coari, which will be
interconnected to the 20-inch one, allowing for natural gas
production outflow.
About Petrobras
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.
About BNDES
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.
* * *
Banco Nacional currently carries a Ba2 foreign long-term bank
deposit rating from Moody's, and a BB+ long-term foreign issuer
credit rating from Standards and Poor's. The ratings were
assigned in August and May 2007, respectively.
BASELL AF: Lyondell & Equistar Get Consents to Amend Indenture
--------------------------------------------------------------
Lyondell Chemical Company and its subsidiaries Equistar
Chemicals, LP and Equistar Funding Corporation disclosed that as
of 5:00 p.m. EST on Dec. 5, 2007, a total of approximately
US$3.97 billion in aggregate principal amount of the outstanding
debt securities issued by Lyondell or the Equistar Issuers, as
applicable, has been tendered pursuant to the previously
announced cash tender offers and consent solicitations.
As a result, Lyondell and the Equistar Issuers have received the
required consents from holders to amend each of the indentures
governing the applicable Notes. Upon Lyondell and the Equistar
Issuers accepting for purchase at least a majority in aggregate
principal amount of the applicable Notes outstanding, each of
the supplemental indentures effecting the proposed amendments as
described in the Offer to Purchase and Consent Solicitation
Statement dated Nov. 20, 2007, will become operative.
The Offer for each series of Notes will expire at 12:01 a.m. EST
on Dec. 20, 2007, unless extended or earlier terminated by
Lyondell or the Equistar Issuers, as applicable, in their sole
discretion. Withdrawal rights with respect to the Notes and
revocation rights with respect to corresponding consents have
expired. Accordingly, holders may not withdraw any Notes
previously or hereafter tendered, except as contemplated in the
applicable Offers.
The total consideration was determined as of 2:00 p.m. EST on
Dec. 5, 2007. The total consideration per US$1,000 principal
amount of the Notes validly tendered at or prior to the Consent
Payment Deadline, not validly withdrawn and accepted for payment
is set forth in Table 1, of which US$30 is the consent payment.
The tender offer consideration per US$1,000 principal amount of
the Notes validly tendered after the Consent Payment Deadline,
not validly withdrawn and accepted for payment equals the Total
Consideration minus the US$30 consent payment. In each case,
accrued and unpaid interest on the Notes will be paid in cash
from the most recent interest payment date applicable to the
Notes to, but not including, the applicable payment date for the
Offers. The applicable payment date for Notes tendered on or
prior to the Consent Payment Deadline is expected to be on or
about Dec. 20, 2007. The applicable payment date for Notes
tendered after the Consent Payment Deadline and on or prior to
the Expiration Date is expected to be on or about Dec. 21, 2007.
Table 1 - Results to Date and Pricing Information for the Offers
Lyondell's Notes
Percentage
Tender Tender of Principal
CUSIP Security Offer Total Offer Amount
Number Description Yield Consideration Consideration Tendered
------ ----------- ----- ------------- ------------- --------
10.500%
552078AV9 Senior 3.764% US$1,081.17 US$1,051.17 99.76%
Secured
Notes due
2013
8.000%
552078AW7 Senior Notes 3.429% US$1,154.78 US$1,124.78 99.67%
due 2014
8.250%
552078AX5 Senior Notes 3.601% US$1,197.17 US$1,167.17 99.85%
due 2016
6.875%
552078AY3 Senior Notes 3.788% US$1,155.31 US$1,125.31 99.99%
due 2017
Equistar Issuers' Notes
Percentage
Tender Tender of Principal
CUSIP Security Offer Total Offer Amount
Number Description Yield Consideration Consideration Tendered
------ ----------- ----- ------------- ------------- --------
10.125%
29444NAF9 Senior Notes 3.857% US$1,042.60 US$1,012.60 97.96%
due 2008
8.750%
29444NAD4 Notes due 3.519% US$1,058.51 US$1,028.51 97.55%
2009
10.625%
29444NAH5 Senior Notes 3.761% US$1,050.65 US$1,020.65 97.95%
due 2011
The Offers and Consent Solicitations are subject to the
satisfaction of certain conditions, including the proposed
merger of Lyondell with BIL Acquisition Holdings Limited, a
Delaware corporation and wholly owned subsidiary of Basell AF
S.C.A., a Luxembourg company. The complete terms and conditions
of the Offers and Consent Solicitations are set forth in the
Offer and Consent Statement, which has been sent to holders of
the Notes. Holders are urged to carefully read the Offer and
Consent Statement and related materials.
Goldman, Sachs & Co. and Merrill Lynch & Co. are the dealer
managers for the Offers and solicitation agents for the Consent
Solicitations. Questions regarding the Offers and Consent
Solicitations may be directed to Goldman, Sachs & Co. at (877)
686-5059 (toll-free) or (212) 357-0775 (collect), and Merrill
Lynch & Co. at (888) 654-8637 (toll-free) or (212) 449-4914
(collect). Copies of the Offer and Consent Statement and
related materials may be obtained from the Information Agent, D.
F. King & Co., Inc. at (800) 290-6429 (U.S. toll free) or (212)
269-5550 (Banks and Brokers).
As previously disclosed in the TCR-Europe on Nov. 30, 2007,
Lyondell disclosed that, at a Special Meeting
of Shareholders held on Nov. 20, 2007, shareholders approved the
Agreement and Plan of Merger, dated as of July 16, 2007, among
Basell AF, BIL Acquisition Holdings Limited and Lyondell
pursuant to which Basell will acquire all of Lyondell's
outstanding common shares for cash consideration of US$48 per
share.
About Lyondell
Headquartered in Houston, Texas, Lyondell Chemical Company
(NYSE:LYO) -- http://www.lyondell.com/-- is North America's
third-largest independent, publicly traded chemical company.
Lyondell manufactures chemicals and plastics, a refiner of
heavy, high-sulfur crude oil and a significant producer of fuel
products. Key products include ethylene, polyethylene, styrene,
propylene, propylene oxide, gasoline, ultra low-sulfur diesel,
MTBE and ETBE.
The company also has locations in Austria, France, Italy, The
Netherlands, Belgium, Germany, Spain, United Kingdom, Brazil,
China, Japan, Taiwan, India and Singapore.
About Basell
Basell -- http://www.basell.com/-- produces polypropylene and
advanced polyolefin products, supplies polyethylene and
catalysts, and provides technical services for its proprietary
technologies. Basell, together with its joint ventures, has
manufacturing facilities in 19 countries and sells products in
more than 120 countries. Basell is privately owned by Access
Industries.
Basell has regional offices in Belgium, Germany, the United
States, Brazil and Hong Kong, as well as sales offices in the
major markets around the globe.
* * *
As reported in the Troubled Company Reporter-Latin America on
Dec. 13, 2007, Fitch Ratings has downgraded Basell AF SCA's and
Lyondell Chemical Co.'s Long-term Issuer Default ratings to 'B+'
from 'BB-' and removed them from Rating Watch Negative where
they were originally placed on July 17, 2007. Stable Outlooks
are assigned to the Long-term IDRs. Basell's Short-term IDR is
also affirmed at 'B'.
In July 2007, Moody's Investors Service maintains all ratings of
Basell group under review for downgrade following the
announcement by the company on July 17, 2007 that it has signed
a definitive agreement to acquire Lyondell (Ba3/stable outlook)
in a transaction valued at approximately US$19 billion,
including the assumption of debt.
COMPANHIA SIDERURGICA: To Ink Letter of Intent with Minas Gerais
----------------------------------------------------------------
Companhia Siderurgica Nacional told Business News Americas that
it has to sign a letter of intent with the Minas Gerais state
government this week.
BNamericas relates that Companhia Siderurgica has some
operations in Minas Gerais. The most prominent of those
operations is a steel sheet mill in Congonhas and an expansion
at the Casa de Pedra iron ore mine.
Companhia Siderurgica denied to BNamericas reports that it is
getting ready to sign a contract for the construction of a new
plant.
Headquartered Sao Paolo, Brazil, Companhia Siderurgica Nacional
S.A. -- http://www.csn.com.br/-- produces, sells, exports and
distributes steel products, like hot-dip galvanized sheets,
tin mill products and tinplate. The company also runs its own
iron ore, manganese, limestone and dolomite mines and has
strategic investments in railroad companies and power supply
projects. The group also operates in Brazil, Portugal and the
U.S.
* * *
As reported in the Troubled Company Reporter-Latin America on
July 26, 2007, Standard & Poor's Ratings Services affirmed its
'BB' long-term corporate credit rating on Brazil-based steel
maker Companhia Siderurgica Nacional. S&P said the outlook is
stable.
DELHI CORP: Court Okays Equity Purchase & Commitment Agreement
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
approved the Amendment to the New Equity Purchase and Commitment
Agreement, as modified, among the Debtors, Appaloosa Management
L.P., Harbinger Capital Partners Master Fund I, Ltd., Pardus
Capital Management, L.P., Merrill Lynch, Pierce, Fenner & Smith,
Inc., UBS Securities LLC, and Goldman Sachs & Co. The Debtors
and the Appaloosa Plan Investors subsequently entered into the
EPCA Amendment on Dec. 10, 2007.
A full-text copy of the EPCA Amendment is available for free at:
http://ResearchArchives.com/t/s?2662
Except as provided in the EPCA Amendment, the Aug. 2, 2007 New
EPCA remains in full force and effect, the Court clarifies.
The Honrable Robert Drain has permitted the Debtors and the Plan
Investors to make non-material modifications to the EPCA
Amendment without further Court order as long as those
modifications are not opposed by either the Official Committee
of Unsecured Creditors or the Official Committee of Equity
Security Holders.
The EPCA Amendment revises a number of provisions in the New
EPCA to reflect events and developments since Aug. 3, 2007,
including those relating to Court approvals in connection with
the EPCA Amendment; Delphi's delivery of a revised disclosure
letter and a revised business plan; updates and revisions to
representations and warranties; the Debtors' agreements with
principal labor unions; the execution and amendment of certain
settlement agreements with General Motors Corp.; the execution
of a best efforts financing letter; and the filing of the First
Amended Plan of Reorganization and Disclosure Statement. The
EPCA Amendment no longer outlines Delphi's proposed framework
for a plan of reorganization but instead, except for corporate
governance matters, relies upon the First Amended Plan for that
function, David M. Sherbin, Delphi Corp. Vice President, General
Counsel and Chief Compliance Officer, relates.
Furthermore, the EPCA Amendment revises provisions relating to
the Discount Rights Offering, including the replacement of
existing common stockholders with unsecured creditors, under the
Plan. The EPCA Amendment further reflects certain economic
changes for recoveries provided under the Plan, and a post-
emergence capital structure that includes Series C Preferred
Stock to be issued to GM.
The EPCA Amendment also removes or narrows the scope of certain
conditions to closing in the New EPCA to provide greater
certainty to the consummation of the transaction, including:
* the no-strike conditions to include only strikes that occur
after Oct. 29, 2007;
* the capitalization condition to reduce the net debt
required for the Debtors on the closing date; and
* to exclude from the condition relating to the approval of
material investment documents, numerous documents, which
have already been delivered by the Debtors to the Plan
Investors like the Plan, the Disclosure Statement, the
settlement agreements with GM, and the business plan.
Certain conditions to closing, however, were added by the EPCA
Amendment, including those requiring:
-- the release and exculpation of each Plan Investor as set
forth in the EPCA Amendment;
-- that Delphi will have undrawn availability of
US$1,400,000,000 under the asset backed revolving loan
facility, subject to certain exclusions;
-- an interest expense condition that limits the Reorganized
Debtors' pro forma interest expense on its indebtedness
during 2008 to US$585,000,000;
-- that scheduled Pension Benefit Guarantee Corporation liens
be withdrawn; and
-- that the aggregate amount of trade and unsecured claims be
no more than US$1,450,000,000, subject to certain waivers
and exclusions.
Delphi Amends Rights Agreement
to Accommodate Appaloosa Investors
Pursuant to the Rights Agreement dated as of Feb. 1, 1999, as
amended, between Delphi Corp. formerly known as Delphi
Automotive Systems Corp., and Computershare Trust Company, N.A.,
as successor Rights Agent, one Right is issued and attached to
each outstanding share of Delphi's common stock.
The Rights constitute a separate class of securities registered
under the Securities Act of 1933, as amended, and entitle the
holder of the Right, in certain circumstances, to purchase from
Delphi a unit consisting of one one-hundredth of a share of
Series A Junior Preferred Stock, par value US$0.10 per share, at
an exercise price of US$65 per Right, subject to adjustment in
certain events, Mr. Sherbin relates.
On Dec. 10, 2007, Delphi amended the Rights Agreement to exempt
the Appaloosa Plan Investors, as well as the Investors'
assignees or transferees, from the definition of "Acquiring
Person" as that term is defined in the Rights Agreement, solely
as a result of transactions contemplated by the New EPCA, as
amended by the EPCA Amendment. As a result, the Plan Investors'
entry into the EPCA Amendment and the consummation of the
transactions contemplated by the New EPCA will not trigger the
Series A Preferred Stock purchase rights under the Rights
Agreement, Mr. Sherbin explains.
A full-text copy of the Rights Agreement, as amended on
Dec. 10, 2007, is available for free at:
http://ResearchArchives.com/t/s?2661
Based on information supplied by the Plan Investors to the SEC
in Schedules 13D, reviewed by the Debtors as of Nov. 8, 2007,
the Plan Investors hold an aggregate of 125,644,421 shares of
Delphi common stock:
Plan Investor Shares Held
------------- -----------
Appaloosa Management L.P. 52,000,000
Harbinger Capital Partners Master Fund I, Ltd. 26,450,000
Pardus Special Opportunities Master Fund L.P. 26,400,000
Goldman, Sachs & Co. 14,892,921
UBS Securities LLC 4,419,294
Merrill Lynch, Pierce, Fenner & Smith Inc. 1,482,206
About Delphi Corp.
Headquartered in Troy, Michigan, Delphi Corporation (OTC: 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 Debtors' exclusive plan-filing period expires on
Dec. 31, 2007. On Sept. 6, 2007, the Debtors filed their
Chapter 11 Plan of Reorganization and a Disclosure Statement
explaining that Plan. (Delphi Bankruptcy News, Issue No. 102;
Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
DELPHI CORP: Court Approves Modified Disclosure Statement
---------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
entered an order formally approving Delphi Corp. and its debtor-
affiliates' Disclosure Statement, as modified, on Dec. 10, 2007.
As previously reported, the Court directed the Debtors to make
certain changes to the Disclosure Statement at the hearing to
consider confirmation of the Disclosure Statement, which hearing
concluded on Dec. 7, 2007.
Accordingly, the Debtors amended the Joint Plan of
Reorganization and Disclosure Statement and subsequently filed a
First Amended Plan of Reorganization and accompanying Disclosure
Statement on Dec. 10, 2007. The Court approved the First
Amended Disclosure Statement on the same date, Dec. 10, 2007.
The modifications reflected in the First Amended Plan and the
First Amended Disclosure Statement do not materially impact the
terms of the Plan.
Delphi Corp. Vice President and Chief Restructuring Officer John
D. Sheehan relates that the First Amended Plan continues to
provide for full recoveries for unsecured creditors at a
negotiated Plan enterprise value and fair consideration for
holders of Existing Common Stock.
In particular, the Plan provides that Holders of Allowed General
Unsecured Claims will receive New Common Stock and Discount
Rights equal to 100% of their Allowed General Unsecured Claim
plus applicable Postpetition Interest through the earlier of
Jan. 31, 2008, and the Plan Confirmation Date. The distribution
of New Common Stock to holders of General Unsecured Claims will
equal 77.3% of the holders' Allowed General Unsecured Claim, and
the remaining 22.7% of the Claim will be satisfied through the
pro rata distribution of Discount Rights, Mr. Sheehan says.
The Debtors are currently in the process of arranging for exit
financing, comprised of:
(1) up to US$2,550,000,000 in equity investments through the
Discount Rights Offering and the transactions
contemplated by the New Equity Purchase and Commitment
Agreement among the Debtors, Appaloosa Management L.P.,
and the other Plan Investors; and
(2) debt financing consisting of:
* a US$1,600,000,000 asset-based revolving loan facility;
* a US$3,700,000,000 of first-lien funded financing; and
* a US$1,500,000,000 of second-lien funded financing of
which up to US$750,000,000 will be placed with GM.
The Debt Financing will be arranged by JPMorgan Securities Inc.,
JPMorgan Chase Bank, N.A., and Citigroup Global Markets Inc.
The Debtors believe that the Exit Financing will enable them to
honor their obligations under the Plan, and transition out of
bankruptcy and into successful operation post-emergence.
A full-text copy of the First Amended Plan is available for free
at http://bankrupt.com/misc/Delphi_1stAmendedReorgPlan.pdf
A full-text copy of the First Amended Disclosure Statement is
available for free at
http://bankrupt.com/misc/Delphi_1stAmendedDS.pdf
The Debtors maintain that the Plan provides for an equitable and
early distribution to creditors and shareholders, preserves the
value of Delphi's business as a going concern, and preserves the
jobs of employees. The Debtors aver that any alternative to
confirmation of the Plan, such as liquidation or attempts by
another party-in-interest to file a plan, will result in
significant delays, litigation, and costs, as well as the loss
of jobs. Moreover, the Debtors believe that their creditors and
shareholders will receive greater and earlier recoveries under
the Plan than those that would be achieved in liquidation or
under an alternative plan.
The Plan continues to be supported by General Motors Corp., the
Plan Investors, and both the Official Committee of Unsecured
Creditors and the Official Committee of Equity Security Holders,
according to Mr. Sheehan.
Court Decree
The Honorable Robert Drain finds that the Disclosure Statement
complies with the provisions of the Bankruptcy Code and the
Federal Rules of Bankruptcy Procedure. In particular, the
Disclosure Statement contains adequate information within the
meaning of Section 1125(a) of the Bankruptcy Code. The
Disclosure Statement also complies with the requirements of
Bankruptcy Rule 3016(c) by sufficiently describing in specific
and conspicuous bold language the provisions of the Joint Plan
of Reorganization that provide for releases and injunctions
against conduct not otherwise enjoined under the Bankruptcy
Code. Moreover, the Disclosure Statement sufficiently
identifies the persons and entities that are subject to those
releases and injunctions.
To the extent not already withdrawn or reflected in changes to
the Disclosure Statement, all objections filed or otherwise
asserted against the Disclosure Statement are overruled.
About Delphi Corp.
Headquartered in Troy, Michigan, Delphi Corporation (OTC: 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 Debtors' exclusive plan-filing period expires on
Dec. 31, 2007. On Sept. 6, 2007, the Debtors filed their
Chapter 11 Plan of Reorganization and a Disclosure Statement
explaining that Plan. (Delphi Bankruptcy News, Issue No. 102;
Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
DELPHI CORP: Court Sets Plan Confirmation Hearing on January 17
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
will convene a hearing to consider confirmation of Delphi Corp.
and its debtor-affiliates' First Amended Joint Plan of
Reorganization, dated Dec. 10, 2007, on Jan. 17, 2008, at 10:00
a.m. prevailing Eastern time.
Objections to confirmation of the Plan must:
-- be served by Jan. 11, 2008, at 4:00 p.m. prevailing
Eastern time;
-- be in writing;
-- comply with the Bankruptcy Rules and the Local Bankruptcy
Rules for the Southern District of New York;
-- set forth the name of the objector and the nature and
amount of any claim or interest asserted by that objector
against or in the Debtors or the Debtors' estates and
property;
-- state with particularity the legal and factual bases for
the objection; and
-- be filed with the Court and served on:
* the Debtors' counsel:
Skadden, Arps, Slate, Meagher & Flom LLP
333 West Wacker Drive, Suite 2100
Chicago, Illinois 60606
(800) 718-5305
Att'n: John Wm. Butler, Jr.
Att'n: George N. Panagakis
Att'n: Ron E. Meisler
Att'n: Nathan L. Stuart
-- and --
Skadden, Arps, Slate, Meagher & Flom LLP
Four Times Square
New York, New York 10036
Att'n: Kayalyn A. Marafioti
Att'n: Thomas J. Matz
* the U.S. Trustee
The Office of the U.S. Trustee
33 Whitehall Street, Suite 2100
New York, New York 10004
Att'n: Alicia M. Leonhard
* Counsel for the Official Committee of Unsecured
Creditors
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Att'n: Robert J. Rosenberg
Att'n: Mitchell A. Seider
Att'n: Mark A. Broude
* Counsel for the Official Committee of Equity Security
Holders
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, New York 10004
Att'n: Brad E. Scheler
Att'n: Bonnie K. Steingart
Att'n: Vivek Melwani
* Counsel for JPMorgan Chase Bank, N.A., and the other
postpetition lenders
Davis Polk & Wardwell
450 Lexington Avenue
New York, New York 10022
Att'n: Donald S. Bernstein
Att'n: Brian M. Resnick
* Counsel for Plan Investor A-D Acquisition Holdings, LLC
White & Case LLP
Wachovia Financial Center
200 South Biscayne Boulevard
Suite 4900, Miami, Florida 33131
Att'n: Thomas E. Lauria
Att'n: Michael C. Shepherd
-- and --
White & Case LLP
1155 Avenue of the Americas
New York, New York 10036
Att'n: Gerard H. Uzzi
Att'n: Glenn M. Kurtz
Att'n: Douglas P. Baumstein
* Counsel for General Motors Corp.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, New York 10153
Att'n: Jeffrey L Tanenbaum
Att'n: Michael P. Kessler
Att'n: Robert J. Lemons
About Delphi Corp.
Headquartered in Troy, Michigan, Delphi Corporation (OTC: 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 Debtors' exclusive plan-filing period expires on
Dec. 31, 2007. On Sept. 6, 2007, the Debtors filed their
Chapter 11 Plan of Reorganization and a Disclosure Statement
explaining that Plan. (Delphi Bankruptcy News, Issue No. 102;
Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
LYONDELL CHEMICAL: Gets Requisite Consents to Amend Indenture
-------------------------------------------------------------
Lyondell Chemical Company and its subsidiaries Equistar
Chemicals, LP and Equistar Funding Corporation disclosed that as
of 5:00 p.m. EST on Dec. 5, 2007, a total of approximately
US$3.97 billion in aggregate principal amount of the outstanding
debt securities issued by Lyondell or the Equistar Issuers, as
applicable, has been tendered pursuant to the previously
announced cash tender offers and consent solicitations.
As a result, Lyondell and the Equistar Issuers have received the
required consents from holders to amend each of the indentures
governing the applicable Notes. Upon Lyondell and the Equistar
Issuers accepting for purchase at least a majority in aggregate
principal amount of the applicable Notes outstanding, each of
the supplemental indentures effecting the proposed amendments as
described in the Offer to Purchase and Consent Solicitation
Statement dated Nov. 20, 2007, will become operative.
The Offer for each series of Notes will expire at 12:01 a.m. EST
on Dec. 20, 2007, unless extended or earlier terminated by
Lyondell or the Equistar Issuers, as applicable, in their sole
discretion. Withdrawal rights with respect to the Notes and
revocation rights with respect to corresponding consents have
expired. Accordingly, holders may not withdraw any Notes
previously or hereafter tendered, except as contemplated in the
applicable Offers.
The total consideration was determined as of 2:00 p.m. EST on
Dec. 5, 2007. The total consideration per US$1,000 principal
amount of the Notes validly tendered at or prior to the Consent
Payment Deadline, not validly withdrawn and accepted for payment
is set forth in Table 1, of which US$30 is the consent payment.
The tender offer consideration per US$1,000 principal amount of
the Notes validly tendered after the Consent Payment Deadline,
not validly withdrawn and accepted for payment equals the Total
Consideration minus the US$30 consent payment. In each case,
accrued and unpaid interest on the Notes will be paid in cash
from the most recent interest payment date applicable to the
Notes to, but not including, the applicable payment date for the
Offers. The applicable payment date for Notes tendered on or
prior to the Consent Payment Deadline is expected to be on or
about Dec. 20, 2007. The applicable payment date for Notes
tendered after the Consent Payment Deadline and on or prior to
the Expiration Date is expected to be on or about Dec. 21, 2007.
Table 1 - Results to Date and Pricing Information for the Offers
Lyondell's Notes
Percentage
Tender Tender of Principal
CUSIP Security Offer Total Offer Amount
Number Description Yield Consideration Consideration Tendered
------ ----------- ----- ------------- ------------- --------
10.500%
552078AV9 Senior 3.764% US$1,081.17 US$1,051.17 99.76%
Secured
Notes due
2013
8.000%
552078AW7 Senior Notes 3.429% US$1,154.78 US$1,124.78 99.67%
due 2014
8.250%
552078AX5 Senior Notes 3.601% US$1,197.17 US$1,167.17 99.85%
due 2016
6.875%
552078AY3 Senior Notes 3.788% US$1,155.31 US$1,125.31 99.99%
due 2017
Equistar Issuers' Notes
Percentage
Tender Tender of Principal
CUSIP Security Offer Total Offer Amount
Number Description Yield Consideration Consideration Tendered
------ ----------- ----- ------------- ------------- --------
10.125%
29444NAF9 Senior Notes 3.857% US$1,042.60 US$1,012.60 97.96%
due 2008
8.750%
29444NAD4 Notes due 3.519% US$1,058.51 US$1,028.51 97.55%
2009
10.625%
29444NAH5 Senior Notes 3.761% US$1,050.65 US$1,020.65 97.95%
due 2011
The Offers and Consent Solicitations are subject to the
satisfaction of certain conditions, including the proposed
merger of Lyondell with BIL Acquisition Holdings Limited, a
Delaware corporation and wholly owned subsidiary of Basell AF
S.C.A., a Luxembourg company. The complete terms and conditions
of the Offers and Consent Solicitations are set forth in the
Offer and Consent Statement, which has been sent to holders of
the Notes. Holders are urged to carefully read the Offer and
Consent Statement and related materials.
Goldman, Sachs & Co. and Merrill Lynch & Co. are the dealer
managers for the Offers and solicitation agents for the Consent
Solicitations. Questions regarding the Offers and Consent
Solicitations may be directed to Goldman, Sachs & Co. at (877)
686-5059 (toll-free) or (212) 357-0775 (collect), and Merrill
Lynch & Co. at (888) 654-8637 (toll-free) or (212) 449-4914
(collect). Copies of the Offer and Consent Statement and
related materials may be obtained from the Information Agent, D.
F. King & Co., Inc. at (800) 290-6429 (U.S. toll free) or (212)
269-5550 (Banks and Brokers).
As previously disclosed in the TCR-Europe on Nov. 30, 2007,
Lyondell disclosed that, at a Special Meeting of Shareholders
held on Nov. 20, 2007, shareholders approved the Agreement and
Plan of Merger, dated as of July 16, 2007, among Basell AF, BIL
Acquisition Holdings Limited and Lyondell pursuant to which
Basell will acquire all of Lyondell's outstanding common shares
for cash consideration of US$48 per share.
About Basell
Basell -- http://www.basell.com/-- produces polypropylene and
advanced polyolefin products, supplies polyethylene and
catalysts, and provides technical services for its proprietary
technologies. Basell, together with its joint ventures, has
manufacturing facilities in 19 countries and sells products in
more than 120 countries. Basell is privately owned by Access
Industries.
About Lyondell
Headquartered in Houston, Texas, Lyondell Chemical Company
(NYSE:LYO) -- http://www.lyondell.com/-- is North America's
third-largest independent, publicly traded chemical company.
Lyondell manufactures chemicals and plastics, a refiner of
heavy, high-sulfur crude oil and a significant producer of fuel
products. Key products include ethylene, polyethylene, styrene,
propylene, propylene oxide, gasoline, ultra low-sulfur diesel,
MTBE and ETBE.
The company also has locations in Austria, France, Italy, The
Netherlands, Belgium, Germany, Spain, United Kingdom, Brazil,
China, Japan, Taiwan, India and Singapore.
* * *
As reported in the Troubled Company Reporter-Latin America on
Dec. 13, 2007, Fitch Ratings has downgraded Basell AF SCA's and
Lyondell Chemical Co.'s Long-term Issuer Default ratings to 'B+'
from 'BB-' and removed them from Rating Watch Negative where
they were originally placed on July 17, 2007. Stable Outlooks
are assigned to the Long-term IDRs. Basell's Short-term IDR is
also affirmed at 'B'.
* BRAZIL: Petrobras & REFAP Commence Marketing of Biodiesel
-----------------------------------------------------------
Petroleo Brasileiro SA and its Alberto Pasqualini Refinery --
REFAP -- subsidiary, located in Canoas, have started marketing
380 million liters of biodiesel to Brazilian diesel
distributors. This process will lead to the actual introduction
of this renewable fuel in the Brazilian energy matrix, as
determined by the National Biodiesel Production and Use Program.
on Dec. 12, electronic sales were made for the REFAP coverage
areas, in the state of Rio Grande do Sul, and for the Midwestern
and Northern Regions, where Petrobras performs. Thus far, the
distributors have acquired 157 million liters, 97.44% of the
volume offered in these areas and adding up to some BRL300
million in negotiations. Auctions are scheduled for today aimed
at companies located in Southeastern and Northeastern Brazil.
Pursuant to Law # 11.097, dated Jan. 13, 2005, all of the diesel
fuel marketed in Brazil must contain 2 % biodiesel as of Jan. 1
2008.
The biodiesel that is being sold was acquired by REFAP and
PETROBRAS in the National Petroleum Agency actions held last
November 13 and 14 to supply the demand foreseen for the first
half of 2008.
Petrobras and REFAP are selling biodiesel to all Brazilian
diesel distributors via its Petronect subsidiary, which provides
material and service marketing services to Petrobras System's
companies via a single Web-based electronic negotiation portal.
In order to comply with the above-mentioned legislation, a study
was carried out to optimize biodiesel distribution logistics
among Brazil's diesel fuel distributors. The study analyzed the
supply of the 15 biodiesel-producing units that won the two most
recent biodiesel acquisition auctions, held last November, to
attend to the 2% biodiesel addition to diesel fuel in a
transparent, isonomic manner to all public and private agents.
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 in the Troubled Company Reporter-Latin America on
May 14, 2007, Fitch Ratings upgraded Brazil's long-term foreign
and local currency sovereign Issuer Default Ratings to 'BB+'
from 'BB' and the Country Ceiling to 'BBB-' from 'BB+'. In
addition, Fitch affirmed Brazil's Short-term IDR at 'B'. Fitch
said the rating outlook is stable.
* BRAZIL: Petrobras Closes BRL2.49-Bln Funding Deal with BNDES
--------------------------------------------------------------
Petroleo Brasileiro SA has closed a funding deal worth BRL$2.49
billion, granted by the National Economic and Social Development
Bank (BNDES), for the Transportadora Urucu-Manaus S.A. special
purpose company, in charge of building the 383-km long, 20-inch
in diameter natural gas transportation pipeline to connect Coari
to Manaus, and of building distribution branches to supply seven
municipalities located along the gas pipeline's course. The
funds will also be used to build the 279-km, long 10-inch
nominal diameter liquefied petroleum gas (LPG) pipeline that
will connect the Arara Pole, in Urucu, to the Solimoes Terminal,
in Coari, State of Amazonas.
The natural gas will be used initially for thermoelectric power
generation in the city of Manaus, substituting for the fuel oil
generators that are currently used for this purpose. Later, it
will also supply the region's industrial, vehicle, commercial,
and residential sectors.
The gas pipeline will have two delivery points in Manaus, seven
distribution branches totaling 126 Km in length, to deliver gas
to municipalities located near the gas pipeline, and two
intermediary gas-compression stations. The project also
foresees the re-adaptation of an existing 18-inch nominal
diameter pipeline between Urucu and Coari, which will be
interconnected to the 20-inch one, allowing for natural gas
production outflow.
About BNDES
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 Petrobras
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 in the Troubled Company Reporter-Latin America on
May 14, 2007, Fitch Ratings upgraded Brazil's long-term foreign
and local currency sovereign Issuer Default Ratings to 'BB+'
from 'BB' and the Country Ceiling to 'BBB-' from 'BB+'. In
addition, Fitch affirmed Brazil's Short-term IDR at 'B'. Fitch
said the rating outlook is stable.
* BRAZIL: Petrobras to Create Mix Corporation with PDVSA
--------------------------------------------------------
Petroleo Brasileiro SA and Petroleos de Venezuela SA have
decided to incorporate a mixed corporation in Brazil aiming at
building and operating the Abreu e Lima Refinery, in the state
of Pernambuco, Northeastern Brazil. Interest in the company
will be shared at the rate of 60% for Petrobras and 40% for
PDVSA, and staff from both companies will operate the plant.
The refinery will be capable of processing 200,000 barrels of
oil per day, and a supply agreement for 100,000 barrels of oil
per day, coming from the Carabobo 1 block, in the Orinoco oil
range, will be signed to provision it.
PDVSA announces the development of the fields identified in the
Carabobo 1 block is underway, keeping a participation option
open for PETROBRAS in the improved oil production projects,
while PETROBRAS concludes its pertinent technical and economic
studies. It must be emphasized that, as the result of the joint
work carried out between Petrobras and PDVSA, it was possible to
certify 45.5 billion barrels of oil in situ in the Carabobo 1
block.
Petrobras and PDVSA announced they are pleased with the
agreements that have been reached and with the progress achieved
in joint projects, since this allows them to materialize and
strengthen the integration efforts between Brazil and Venezuela,
driven by presidents Lula and Chavez.
About PDVSA
Petroleos de Venezuela SA -- http://www.pdv.com/-- is
Venezuela's state oil company in charge of the development of
the petroleum, petrochemical and coal industry, as well as
planning, coordinating, supervising and controlling the
operational activities of its divisions, both in Venezuela and
abroad. The company has a commercial office in China.
About Petrobras
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 in the Troubled Company Reporter-Latin America on
May 14, 2007, Fitch Ratings upgraded Brazil's long-term foreign
and local currency sovereign Issuer Default Ratings to 'BB+'
from 'BB' and the Country Ceiling to 'BBB-' from 'BB+'. In
addition, Fitch affirmed Brazil's Short-term IDR at 'B'. Fitch
said the rating outlook is stable.
===========================
C A Y M A N I S L A N D S
===========================
BLACKROCK FIXED: Holding Final Shareholders Meeting Today
---------------------------------------------------------
Blackrock Fixed Income Global Opportunities (Offshore) Fund II
will hold its final shareholders meeting on Dec. 17, 2007, at
9:00 a.m. at:
Close Brothers (Cayman) Limited
4th Floor Harbor Place, George Town
Grand Cayman, Cayman Islands
These agenda will be taken during the meeting:
1) accounting of the winding-up process; and
2) authorizing the liquidators to retain the records
of the company for a period of six years from the
dissolution of the company, after which they may
be destroyed.
A member entitled to attend and vote at the meeting will be
allowed to appoint a proxy, who need not be a member, in his
stead.
Blackrock Fixed's shareholders agreed on Nov. 1, 2007, to place
the company into voluntary liquidation under The Companies Law
(2004 Revision) of the Cayman Islands.
The liquidator can be reached at:
Jeffrey Arkley
Attention: Kim Charaman
Close Brothers (Cayman) Limited
Fourth Floor, Harbor Place
P.O. Box 1034, Grand Cayman KYI-1102
Cayman Islands
Telephone: (345) 949 8455
Fax: (345) 949 8499
COPPER RIVER: To Hold Final Shareholders Meeting Today
------------------------------------------------------
Copper River Co. Limited will hold its final shareholders
meeting on Dec. 17, 2007, at 10:30 a.m. at:
Canadian Regional Aircraft Finance
Transaction No. 1 Limited
22 Greenville Street, St. Helier
Jersey JE4 8PX, Channel Islands
United Kingdom
These agenda will be taken during the meeting:
1) accounting of the winding-up process; and
2) hearing any explanation thereof.
A member entitled to attend and vote at the meeting will be
allowed to appoint a proxy, who need not be a member, in his
stead.
Copper River's shareholders agreed on Nov. 2, 2007, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
FREE SPIRIT: Will Hold Final Shareholders Meeting Today
-------------------------------------------------------
Free Spirit Co. Limited will hold its final shareholders meeting
on Dec. 17, 2007, at 10:30 a.m. at:
Canadian Regional Aircraft Finance
Transaction No. 1 Limited
22 Greenville Street, St. Helier
Jersey JE4 8PX, Channel Islands
United Kingdom
These agenda will be taken during the meeting:
1) accounting of the winding-up process; and
2) hearing any explanation thereof.
A member entitled to attend and vote at the meeting will be
allowed to appoint a proxy, who need not be a member, in his
stead.
Free Spirit's shareholders agreed on Nov. 2, 2007, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
DELTAMAR LIMITED: Proofs of Claim Filing Deadline Is Today
----------------------------------------------------------
Deltamar Limited's creditors are given until Dec. 17, 2007, to
prove their claims to Condor Nominee Limited, the company's
liquidator, or be excluded from receiving any distribution or
payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
Deltamar Limited's shareholder decided on Oct. 24, 2007, to
place the company into voluntary liquidation under The Companies
Law (2004 Revision) of the Cayman Islands.
The liquidator can be reached at:
Condor Nominee Limited