/raid1/www/Hosts/bankrupt/TCREUR_Public/081111.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
E U R O P E
Tuesday, November 11, 2008, Vol. 9, No. 224
Headlines
F R A N C E
DMC SA: Court Extends Observation Period for Another Four Months
G E R M A N Y
ACHERNER PELLETS: Claims Registration Period Ends Nov. 17
ASSHAUS PRODUKTIONS: Claims Registration Period Ends Nov. 17
JANSON - ELEKTROTECHNIK: Claims Registration Period Ends Nov. 17
VISUELLO AUSSTELLUNG: Claims Registration Period Ends Nov. 17
W.E.T. LOGISTIC: Claims Registration Period Ends November 17
I R E L A N D
APW GALWAY: Goes Into Receivership; 138 Jobs Affected
GERKROS BOILERS: Goes Into Examinership
I T A L Y
AEROPORTI DI ROMA: S&P Slashes Ratings to 'BB+/B' From 'BBB-/A-3'
K Y R G Y Z S T A N
KTA SERVICE: Creditors Have Until Nov. 28 to Submit Claims
S P A I N
FINCAIXA FTPYME: S&P Puts 'CCC-' Rating on EUR76.4 Million Notes
S W I T Z E R L A N D
ALTUS TREUHAND: Creditors Must File Proofs of Claim by Nov. 19
COAL RESOURCES: Deadline to File Proofs of Claim Set Nov. 19
FXCAST JSC: Creditors Have Until Nov. 20 to File Claims
KREATIVRAUM.NET LLC: Creditors' Proofs of Claim Due by Nov. 12
QCM & PARTNER: Creditors Must File Proofs of Claim by Nov. 13
SCHALI INTERNATIONALE: Nov. 19 Set as Deadline to File Claims
UBS AG: Former CEO Renounces US$10 Million in Payments
U K R A I N E
KHARKOV TRACTOR: Creditors Must File Claims by November 19
TRANSPHARM-CENTER LLC: Creditors Must File Claims by November 20
ABILITY LLC: Creditors Must File Claims by November 20
MACHINETRADEINVEST LLC: Creditors Must File Claims by Nov. 20
MAKO LLC: Creditors Must File Claims by Nov. 21
PROGRESSIVE LLC: Creditors Must File Claims by November 21
TSANCHEN LLC: Creditors Must File Claims by November 19
ZHANNA PLUS: Creditors Must File Claims by November 21
U N I T E D K I N G D O M
AMERICAN INTERNATIONAL: Considers Changes in Gov't Loan Pact
BARING DEVELOPMENTS: Taps BDO Stoy as Joint Administrators
CARLSBERG: To Close its Leeds Brewery Site by 2011
CASTLE FINANCE: S&P Withdraws D Rating on EUR325 Million Notes
CHESS II: S&P Withdraws D Rating on EUR100 Million Notes
DERVAN AND BEASTALL: Appoints Joint Administrators from Tenon
EURO CAR: Tenon Recovery Designated as Joint Administrators
GRANELLI MCDERMOTT: Calls in Joint Administrators from Tenon
GREENBERG GLASS: Administrators In Talks With Potential Buyers
HARMONY CARE: Appoints Joint Administrators from Tenon Recovery
HAZELMERE HOLDINGS: Appoints Joint Administrators from BDO Stoy
HAZELMERE HOMES: Brings in Joint Administrators from BDO Stoy
HILL STATION: Taps Joint Administrators from Tenon Recovery
HITCHENS: Synergy Retail Takes Over Morecambe Store
INNER VOICE: Tenon Recovery Appointed Liquidators
INTERIOS HOLDINGS: Calls in Joint Administrators from Tenon
LOSELEY DAIRY: Names Tenon Recovery as Joint Administrators
MOBESTAR LTD: Appoints Joint Administrators from PKF
MOORCROSS LTD: Taps Joint Liquidators from Tenon Recovery
MSO CARTONMASTER: Brings in Joint Administrators from PwC
REGENT GARDEN: Appoints Joint Liquidators from BDO Stoy Hayward
RMP PROPERTIES: Goes Into Administration
SEA CONTAINERS: Files 18 Supplementary Documents to Amended DS
SEA CONTAINERS: Can Access US$150MM DIP Funding from Fortis Bank
TATA MOTORS: Jaguar Land Rover to Eliminate 400 UK Jobs
TILE WORLD: Names Tenon Recovery as Joint Liquidators
TISCALI SPA: Company Request Prompts S&P to Withdraw 'B' Rating
TMCD LTD: Appoints Joint Administrators from PKF
* Large Companies with Insolvent Balance Sheet
*********
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F R A N C E
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DMC SA: Court Extends Observation Period for Another Four Months
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The Paris Commercial Court (Tribunal de Commerce) has extended the
observation period of French textile group DMC SA for another four
months, until March 5, 2009, Les Echos reports.
Interested buyers have until Nov. 21, 2008, to submit their offers
for the company, the report discloses.
According to the report, DMC, which employs 450 people, racked up
debts of around EUR100 million.
Headquartered in Paris, DMC Dollfus Mieg et Cie
http://www.dmc.com/-- focuses on three core businesses:
sportswear fabrics under the Saic Velcorex brand, DMC creative
world and creative-leisure activities.
Euronext agreed to suspend trading of DMC shares on April 23,
2008.
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G E R M A N Y
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ACHERNER PELLETS: Claims Registration Period Ends Nov. 17
---------------------------------------------------------
Creditors of Acherner Pellets GmbH have until Nov. 17, 2008, to
register their claims with court-appointed insolvency manager
Dr. Ferdinand Kiessner.
Creditors and other interested parties are encouraged to attend
the meeting at 11:00 a.m. on Dec. 15, 2008, at which time the
insolvency manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Rottweil
Room 037
Koernerstr. 20
78628Rottweil
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Ferdinand Kiessner
Eisenbahnstr. 40
78628 Rottweil
Germany
Tel: 0741-1746430
Fax: 0741-1746440
The District Court of Rottweil opened bankruptcy proceedings
against Acherner Pellets GmbH on Oct. 1, 2008. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Acherner Pellets GmbH & Co. KG
Attn: Matthias Schindler, Manager
Max-Eyth-Str. 3
72186 Empfingen
Germany
ASSHAUS PRODUKTIONS: Claims Registration Period Ends Nov. 17
------------------------------------------------------------
Creditors of AssHaus Produktions GmbH have until Nov. 17, 2008, to
register their claims with court-appointed insolvency manager
Michael Pluta.
Creditors and other interested parties are encouraged to attend
the meeting at 8:00 a.m. on Nov. 26, 2008, at which time the
insolvency manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Neu-Ulm
Room 211
Heiner-Metzger-Platz 1
89231 Neu-Ulm
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Michael Pluta
Karlstr. 33
89073 Ulm
Germany
Tel: 0731/968800
Fax: 0731/96880-50
The District Court of Neu-Ulm opened bankruptcy proceedings
against AssHaus Produktions GmbH on Oct. 13, 2008. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
AssHaus Produktions GmbH
Institutstr. 6
89312 Guenzburg
Germany
JANSON - ELEKTROTECHNIK: Claims Registration Period Ends Nov. 17
----------------------------------------------------------------
Creditors of Janson - Elektrotechnik GmbH have until Nov. 17,
2008, to register their claims with court-appointed insolvency
manager Stefan Ebeling.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Dec. 17, 2008, at which time the
insolvency manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Braunschweig
E 01
Martinikirche 8
38100 Braunschweig
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Stefan Ebeling
Kurt-Schumacher-Strasse 21
D 38102 Braunschweig
Germany
Tel: (05 31) 2 43 68 26
Fax: (05 31) 24 36 83 31
E-mail: inso@ra-sp.de
The District Court of Braunschweig opened bankruptcy proceedings
against Janson - Elektrotechnik GmbH on Sept. 16, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Janson - Elektrotechnik GmbH
Kreuzstrasse 78
38118 Braunschweig
Germany
Attn: Hans Joachim Adams, Manager
Moorhuette 13
38104 Braunschweig
Germany
VISUELLO AUSSTELLUNG: Claims Registration Period Ends Nov. 17
-------------------------------------------------------------
Creditors of VISUELLO Ausstellung & Messe GmbH have until Nov. 17,
2008, to register their claims with court-appointed insolvency
manager Nikolaus Gaede.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Dec. 15, 2008, at which time the
insolvency manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Augsburg
Law Courts
Meeting Room 162
Alten Einlass 1
86150 Augsburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Nikolaus Gaede
Brienner Str. 55
80333 Muenchen
Germany
The District Court of Augsburg opened bankruptcy proceedings
against VISUELLO Ausstellung & Messe GmbH on Sept. 30, 2008.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
VISUELLO Ausstellung & Messe GmbH
Attn: Guenter Buchschuster, Manager
Kornfeld 7
86695 Nordendorf
Germany
W.E.T. LOGISTIC: Claims Registration Period Ends November 17
------------------------------------------------------------
Creditors of W.E.T. Logistic GmbH have until Nov. 17, 2008, to
register their claims with court-appointed insolvency manager
Tobias Hoefer.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Dec. 17, 2008, at which time the
insolvency manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Darmstadt
Hall 4.308
Building D
Mathildenplatz 15
64283 Darmstadt
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Tobias Hoefer
Soldnerstr. 2
68219 Mannheim
Germany
Tel: 0621-87708-0
Fax: 0621-8770820
The District Court of Darmstadt opened bankruptcy proceedings
against W.E.T. Logistic GmbH on Oct. 2, 2008. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
W.E.T. Logistic GmbH
Raiffeisenstrasse 15
64347 Griesheim
Germany
Attn: Thomas Mikschl, Manager
Pfungstadter Strasse 79
64347 Griesheim
Germany
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I R E L A N D
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APW GALWAY: Goes Into Receivership; 138 Jobs Affected
-----------------------------------------------------
Patrick Logue at The Irish Times reports that engineering firm APW
Galway Ltd. has gone into receivership, resulting to the loss of
138 jobs.
Liam Dowdall of BDO Simpson Xavier has been appointed as receiver
of the firm, which ceased operations Friday morning, the report
discloses.
The receiver, as cited by the report, said "challenging market
conditions" had forced it into receivership, adding "we will
continue to trade the business while we review all our options for
its future."
According to the report, between 10 and 30 jobs may be retained in
the short term to finish off orders.
Siptu shop steward Gary Mitchell however notes finding a buyer for
the firm is unlikely in current market conditions, the report
relates.
GERKROS BOILERS: Goes Into Examinership
---------------------------------------
Gerkros Boiler (Tipperary) has gone into examinership after
running into major cash flow difficulties as a result of its
expansion, Ian Kehoe writes for the Sunday Business Post Online.
According to the report, Gerkros borrowed to expand into new
markets, but over extended itself.
The High Court appointed Barry Forest, a partner with insolvency
firm Forrest Lennon, as examiner to Gerkros on the petition of the
company's directors, the report relates.
Mr. Forrest, who has 97 days to prepare a financial rescue package
for the company, is understood to be seeking an investor to inject
capital into the company, the report discloses.
The company, the report notes, has court protection from its
creditors while in examinership.
Gerkros had revenues of more than EUR10 million last year, the
report reveals.
Based in Cashel, Co Tipperary, Gerkros Boiler supplies heating
boilers across Europe, the US and Canada. It employs about 75
people.
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I T A L Y
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AEROPORTI DI ROMA: S&P Slashes Ratings to 'BB+/B' From 'BBB-/A-3'
-----------------------------------------------------------------
Standard & Poor's Ratings Services lowered its long- and short-
term corporate credit ratings on Italian airport operator
Aeroporti di Roma SpA (AdR) to 'BB+/B' from 'BBB-/A-3', reflecting
an expected weakening in AdR's business and financial profiles.
The ratings remain on CreditWatch with negative implications,
where they were placed on Sept. 22, 2008, pending further
information on the potential privatization and restructuring of
Alitalia.
In addition, Standard & Poor's lowered its senior secured debt
ratings to 'BB+' from 'BBB-' on AdR's bank facilities. The senior
secured debt ratings also remain on CreditWatch negative. S&P
assigned a recovery rating of '3' to AdR's EUR270 million credit
facilities (EUR490 million initially) maturing 2012 and
EUR43.35 million Banca OPI SpA (BOPI) term loan maturing 2015,
indicating S&P's expectation of meaningful (50%-70%) recovery in
the event of a payment default.
The 'AA' senior secured debt ratings on the EUR1.2 billion
equivalent notes issued by Romulus Finance and guaranteed by Ambac
Assurance U.K. Ltd. (AA/Negative/--) are not affected by the
rating action.
"The downgrade mainly reflects an expected weakening in AdR's
business and financial profiles and limited visibility on
potential future improvement over the next couple of years," said
Standard & Poor's credit analyst Alexandre de Lestrange.
This is primarily because of the continuing lack of visibility
regarding Alitalia's future and AdR's position as a hub for
Alitalia in case of a privatization, but also results from the
global economic downturn's impact on the aviation sector.
Alitalia, which entered into receivership on Aug. 29, 2008,
represented 33.4% of AdR's 2007 total traffic.
"If Alitalia is liquidated or if the privatization and
restructuring don't show tangible progress in the near term, S&P
may further lower S&P's ratings on AdR," said Mr. de Lestrange.
The outcome will depend on S&P's assessment of how the weakened
business risk profile would be offset by any strategy proposed by
AdR to strengthen the financial risk profile. A weakening of
AdR's liquidity could lead to a downgrade by several notches. S&P
expects to resolve the CreditWatch status once these issues have
been clarified.
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K Y R G Y Z S T A N
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KTA SERVICE: Creditors Have Until Nov. 28 to Submit Claims
----------------------------------------------------------
LLC KTA Service has declared insolvency. Creditors have until
Nov. 28, 2008, to submit proofs of claim.
Inquiries can be addressed to (+996 312) 32-78-58.
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S P A I N
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FINCAIXA FTPYME: S&P Puts 'CCC-' Rating on EUR76.4 Million Notes
----------------------------------------------------------------
Standard & Poor's Ratings Services assigned preliminary credit
ratings to the mortgage-backed floating-rate notes issued by
Foncaixa FTPYME 2, Fondo de Titulizacion de Activos.
This transaction will be the eighth SME transaction to be
completed by Caja de Ahorros y Pensiones de Barcelona (La Caixa;
AA-/Negative/A-1+) of its loans to SME corporate clients, and the
second under the FTPYME program. This securitization will
comprise a mixed pool of underlying mortgage-backed and other
guarantee assets.
The preliminary ratings on the notes reflect the subordination of
the respective classes of notes below them, the reserve fund,
comfort provided by various other contracts, the rating on La
Caixa, and the downgrade language in all of that entity's roles,
including that of servicer.
Unlike other SME transactions, in the preliminary pool there are
no loans granted to developers and the concentration in the real
estate and construction industry is lower than average; together
these two industry sectors represent less than 15% of the
preliminary pool.
Compared with previous Spanish SME transactions, the Foncaixa
FTPYME 2 preliminary pool is granular, with 30,456 loans made to
27,535 borrowers.
Ratings List
Foncaixa FTPYME 2, Fondo de Titulizacion de Activos
EUR1.1 Billion Floating-Rate Notes
Prelim. Prelim.
Class rating amount
----- ------- -------
Series AS(1) AAA EUR533,700,000
Series AG(2) AAA EUR456,300,000
B AA EUR27,500,000
C BBB EUR82,500,000
D CCC- EUR76,400,000
(1) Four classes of notes will be issued: A, B, C and D. Class D
will fund the reserve fund. The class A notes will comprise
series AS and series AG notes.
(2) The series AG notes will benefit from a guarantee from the
Kingdom of Spain.
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S W I T Z E R L A N D
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ALTUS TREUHAND: Creditors Must File Proofs of Claim by Nov. 19
--------------------------------------------------------------
Creditors owed money by LLC Altus Treuhand are requested to file
their proofs of claim by Nov. 19, 2008, to:
Manfred and Vera Machowetz
Liquidators
Bunzerstrasse 25
5626 Hermetschwil-Staffeln
Switzerland
The company is currently undergoing liquidation in Hermetschwil-
Staffeln AG. The decision about liquidation was accepted at an
extraordinary shareholders' meeting held on Sept. 4, 2008.
COAL RESOURCES: Deadline to File Proofs of Claim Set Nov. 19
------------------------------------------------------------
Creditors owed money by JSC Coal Resources Corp. are requested to
file their proofs of claim by Nov. 19, 2008, to:
JSC Gestinor
Chollerstrasse 35
6301 Zug
Switzerland
The company is currently undergoing liquidation in Zug. The
decision about liquidation was accepted at an extraordinary
shareholders' meeting held on Sept. 25, 2008.
FXCAST JSC: Creditors Have Until Nov. 20 to File Claims
-------------------------------------------------------
Creditors owed money by JSC FxCast are requested to file their
proofs of claim by Nov. 20, 2008, to:
Michael Zimmer
Eibenstrasse 6
8045 Zurich
Switzerland
The company is currently undergoing liquidation in Baar. The
decision about liquidation was accepted at an extraordinary
shareholders' meeting held on June 11, 2007.
KREATIVRAUM.NET LLC: Creditors' Proofs of Claim Due by Nov. 12
--------------------------------------------------------------
Creditors owed money by LLC kreativraum.net are requested to file
their proofs of claim by Nov. 12, 2008, to:
Manessestrasse 170
8045 Zurich
Switzerland
The company is currently undergoing liquidation in Zurich. The
decision about liquidation was accepted at an extraordinary
shareholders' meeting held on Aug. 7, 2008.
QCM & PARTNER: Creditors Must File Proofs of Claim by Nov. 13
-------------------------------------------------------------
Creditors owed money by LLC QCM & Partner are requested to file
their proofs of claim by Nov. 13, 2008, to:
Urs Wyss
Liquidator
Zurcherstrasse 18A
8852 Altendorf
Switzerland
The company is currently undergoing liquidation in Lachen. The
decision about liquidation was accepted at an extraordinary
shareholders' meeting held on Oct. 5, 2007.
SCHALI INTERNATIONALE: Nov. 19 Set as Deadline to File Claims
---------------------------------------------------------------
Creditors owed money by LLC Schali Internationale Transporte are
requested to file their proofs of claim by Nov. 19, 2008, to:
Walter Schali
Liquidator
6067 Melchtal
Switzerland
The company is currently undergoing liquidation in Kerns. The
decision about liquidation was accepted at an extraordinary
shareholders' meeting held on Oct. 1, 2008.
UBS AG: Former CEO Renounces US$10 Million in Payments
------------------------------------------------------
Former UBS AG chief executive Peter Wuffli waived about 12 million
francs or US$10 million in payments he was to receive under his
contract when the troubled Swiss lender fired him as the subprime
crisis began, The Associated Press reported Sunday.
"I have voluntarily renounced a total of 12 million francs that
was due me under my contract," AP cited Mr. Wuffli as saying.
"High payments cannot be justified for top people who leave an
enterprise suffering difficult circumstances."
According to AP, UBS spokeswoman Sabine Jaenicke confirmed Mr.
Wuffli's decision and said it was the first by any former top
manager so far. "It remains to be seen if other people will
follow [Mr.] Wuffli's example," Ms. Jaenicke said.
The payments, AP notes, were not performance bonuses but part of
Mr. Wuffli's salary package. He was entitled to a full year's
salary under the contract in effect when he was fired July 6,
2007, AP says.
About UBS AG
Based in Zurich, Switzerland, UBS AG -- http://www.ubs.com/--
is a global provider of financial services for wealthy clients.
UBS's financial businesses are organized on a worldwide basis
into three Business Groups and the Corporate Center. Global
Wealth Management & Business Banking consists of three segments:
Wealth Management International & Switzerland, Wealth Management
US and Business Banking Switzerland. The Business Groups
Investment Bank and Global Asset Management constitute one
segment each. The Industrial Holdings segment holds all
industrial operations controlled by the Group. Global Asset
Management provides investment products and services to
institutional investors and wholesale intermediaries around the
globe. The Investment Bank operates globally as a client-driven
investment banking and securities firm. The Industrial Holdings
segment comprises the non-financial businesses of UBS, including
the private equity business, which primarily invests UBS and
third-party funds in unlisted companies.
* * *
As reported in the Troubled Company Reporter-Europe on July 8,
2008, Moody's Investors Service downgraded to B- from B the
financial strength rating (BFSR) of UBS AG. The rating outlook is
stable.
For second quarter of 2008, UBS reported a Group net loss
attributable to shareholders of CHF358 million.
As reported in the Troubled Company Reporter-Europe on Nov. 5,
2008, UBS AG said its fourth quarter results will be impacted by a
possible reversal of own credit gains and a loss on the equity in
the fund to be controlled by the Swiss National Bank (SNB). In
October, UBS and the SNB have reached an agreement to transfer
up to US$60 billion of currently illiquid securities and other
assets from UBS's balance sheet to a separate fund entity.
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U K R A I N E
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KHARKOV TRACTOR: Creditors Must File Claims by November 19
----------------------------------------------------------
Creditors of Machine-Technological Station =96 Kharkov Tractor
Plant-Taverovskaya (code EDRPOU 30763125) have until Nov. 19,
2008, to submit proofs of claim to:
Mr. T. Tchagovets
Liquidator
Ap. 5-A
Shakespeare Str. 12-A
61045 Kharkov
Ukraine
Tel: 773-01-30
The Arbitration Court of Kharkov commenced bankruptcy proceedings
against the company after finding it insolvent on Sept. 17, 2008.
The case is docketed as B-39/99-08.
The Economic Court of Kharkov
Derzhprom 8th Entrance
Svoboda Square 5
61022 Kharkov
Ukraine
The Debtor can be reached at:
Machine-Technological Station =96
Kharkov Tractor Plant-Taverovskaya
Lenin Str. 1
Klenovoye
Bogodukhovsky
64651 Kharkov
Ukraine
TRANSPHARM-CENTER LLC: Creditors Must File Claims by November 20
----------------------------------------------------------------
Creditors of LLC Transpharm-Center (code EDRPOU 32590492) have
until Nov. 20, 2008, to submit proofs of claim to:
Mr. T. Tarasenko
Liquidator
Ap. 49
Dobrokhotov Str. 17
Kiev
Ukraine
The Arbitration Court of Kyiv commenced bankruptcy proceedings
against the company after finding it insolvent on Aug. 29, 2008.
The case is docketed as 0/192-b.
The Economic Court of Kiev
B. Hmelnitskij Boulevard 44-B
01030 Kiev
Ukraine
The Debtor can be reached at:
LLC Transpharm-Center
Tashkenkovskaya Str. 60
02121 Kiev
Ukraine
ABILITY LLC: Creditors Must File Claims by November 20
------------------------------------------------------
Creditors of LLC Ability (code EDRPOU 35512511) have until
Nov. 20, 2008, to submit proofs of claim to:
Mr. O. Tomashevsky
Liquidator/Insolvency Manager
Rabochaya Str. 7
Nikolaev
Ukraine
Tel: (0512)44-72-27
The Arbitration Court of Nikolaev commenced bankruptcy proceedings
against the company after finding it insolvent on Oct. 14, 2008.
The case is docketed as 5/450/07.
The Economic Court of Nikolaev
Admiralskaya Str. 22a
54009 Nikolaev
Ukraine
The Debtor can be reached at:
LLC Ability
V. Morskaya Str. 63
Nikolaev
Ukraine
MACHINETRADEINVEST LLC: Creditors Must File Claims by Nov. 20
-------------------------------------------------------------
Creditors of LLC Machinetradeinvest (code EDRPOU 33857844) have
until Nov. 20, 2008, to submit proofs of claim to:
Mr. Dotsenko V.
Liquidator
The Arbitration Court of Kiev commenced bankruptcy proceedings
against the company after finding it insolvent on Oct. 7, 2008.
The case is docketed as B 26/200-08.
The Economic Court of Dnipropetrovsk
Kujbishev Str. 1a
49600 Dnipropetrovsk
Ukraine
The Debtor can be reached at:
LLC Machinetradeinvest
Heroes of Stalingrad Str. 122
49000 Dnipropetrovsk
Ukraine
MAKO LLC: Creditors Must File Claims by Nov. 21
-----------------------------------------------
Creditors of LLC Company Mako (code EDRPOU 31756449) have until
Nov. 21, 2008, to submit proofs of claim to:
Mr. Sevostianov Eugene
Liquidator
Ap. 78
Tukhachevsky Str. 7
Kharkov
Ukraine
The Arbitration Court of Kharkov commenced bankruptcy proceedings
against the company after finding it insolvent on Oct. 1, 2008.
The case is docketed as B-24/143-08.
The Economic Court of Kharkov
Derzhprom 8th Entrance
Svoboda Square 5
61022 Kharkov
Ukraine
The Debtor can be reached at:
LLC Company Mako
Lenin Avenue, 9
61166 Kharkov
Ukraine
PROGRESSIVE LLC: Creditors Must File Claims by November 21
----------------------------------------------------------
Creditors of LLC Progressive (code EDRPOU 34603843) have until
Nov. 21, 2008, to submit proofs of claim to:
Mr. Borodiy Alexander
Liquidator/Insolvency Manager
P.O.B. 48
02068 Kiev
Ukraine
Tel: 8(044)223-86-37
The Arbitration Court of Kyiv commenced bankruptcy proceedings
against the company after finding it insolvent on Sept. 24, 2008.
The case is docketed as B 11/261-b.
The Economic Court of Kiev
Komintern Str. 16
01032 Kiev
Ukraine
The Debtor can be reached at:
LLC Progressive
Kiev Road Str. 14
Borispol
Kiev
Ukraine
TSANCHEN LLC: Creditors Must File Claims by November 19
-------------------------------------------------------
Creditors of LLC Tsanchen (code EDRPOU 32005887) have until
Nov. 19, 2008, to submit proofs of claim to:
Mr. Shevchenko Valery
Liquidator
Ap. 27
Heroes of Work Street, 54
61135, Kharkov
Ukraine
The Arbitration Court of Kharkov commenced bankruptcy proceedings
against the company after finding it insolvent on Sept. 29, 2008.
The case is docketed as B-39/93-08.
The Economic Court of Kharkov
Derzhprom 8th Entrance
Svoboda Square 5
61022 Kharkov
Ukraine
The Debtor can be reached at:
LLC Tsanchen
Leonov Street, 1
Dergachi
Kharkov
Ukraine
ZHANNA PLUS: Creditors Must File Claims by November 21
------------------------------------------------------
Creditors of LLC Zhanna Plus (code EDRPOU 30478382) have until
Nov. 21, 2008, to submit proofs of claim to:
Mr. Marko Andrew
Temporary insolvency Manager
Grushevsky Str. 37/1
Pustomity
81100 Lvov
Ukraine
The Arbitration Court of - commenced bankruptcy proceedings
against the company after finding it insolvent on Aug. 26, 2008.
The case is docketed as 110.
The Economic Court of Lvov
Lichakivska Str. 81
79010 Lvov
Ukraine
The Debtor can be reached at:
LLC Zhanna Plus
Kopernik Str. 28
79000 Lvov
Ukraine
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U N I T E D K I N G D O M
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=3D=3D
AMERICAN INTERNATIONAL: Considers Changes in Gov't Loan Pact
------------------------------------------------------------
American International Group's board is considering changes in its
US$85 billion rescue plan from the U.S. government Matthew
karnitschnig, Liam Pleven and Serena Ng at The Wall Street Journal
reports.
WSJ says that the original rescue plan, which would have required
AIG to quickly sell assets into a declining market while also
paying steep interest rates on its loans, failed to adequately
address AIG's main problem -- how it was losing billions of
dollars on credit default swaps and other financial instruments --
as it posted collateral to nervous counterparties.
According to WSJ, the revised plan is designed to boost AIG's
ability to sell assets for a decent price and the taxpayer's
ability to recoup the money that has been injected into the
company. Citing people familiar with the matter, WSJ relates that
on Sunday, the board is in the final stages of approving the
"large overhaul" of the rescue plan.
WSJ states that the U.S. government, as part of the plan, will:
-- roll back the length and interest rate of its existing
loan to AIG,
-- purchase US$40 billion in preferred AIG shares through
the U.S. Treasury's Troubled Asset Relief Program, and
-- cancel the bulk of its credit default swap agreements
via a massive purchase of their underlying real estate
assets.
According to WSJ, there is also a plan to backstop AIG's
securities lending portfolio and in all, the government will have
total exposure of US$150 billion in investments.
The government, under the plan, will replace its two-year
US$85 billion loan with a US$60 billion loan with a five year
duration, and interest on the loan would drop to 3% plus Libor
interest-rate benchmark, from 8.5% plus three-month Libor
interest-rate benchmark, WSJ reports. The government, accoridng
to WSJ, would tap the US$700 billion Troubled Asset Recovery
Program
to inject some US$40 billion into AIG in return for preferred
shares, which would carry 10% yearly interest payments. The
report says that the government's equity interest in AIG would
still be at 79.9% after the changes.
The new plan, states WSJ, transfers to the government many of the
risks absorbed by AIG, potentially exposing the government to
billions of dollars in future losses. WSJ relates that AIG would
transfer its troubled holdings into these two separate entities
that would be capitalized by the government:
-- the first entity would be capitalized with US$30 billion
from the government and US$5 billion from AIG. The money
would be used in buying the underlying securities with
a face value of US$70 billion that AIG agreed to insure
with the credit default swaps. The securities --
collateralized debt obligations -- are thinly traded
investments that include pools of loans. AIG would
buy the securities from their counterparties on the
credit default swap contracts for 50 cents on the
dollar.
-- the second entity would be set up to solve the
liquidity problems in AIG's securities lending
business, which involves lending out to short sellers
or others and investing the collateral for gains. AIG
tried unloading illiquid assets to give back the
collateral it accepted.
WSJ reports that the government would inject US$20 billion into
the securities lending vehicle and AIG would give the vehicle
US$1 billion. The vehicle would then purchase the illiquid
securities -- residential mortgage-backed securities -- that the
AIG unit holds, according to the report. AIG, says the report,
would use the proceeds to close the US$37.8 billion lending
facility that it hasn't yet fully tapped.
About American International
Based in New York City, American International Group Inc.--
http://www.aig.com/-- (NYSE: AIG) is an international insurance
and financial services organization, with operations in more than
130 countries and jurisdictions. The company is engaged through
subsidiaries in General Insurance, Life Insurance & Retirement
Services, Financial Services and Asset Management.
The company's British headquarters are located on Fenchurch Street
in London, continental Europe operations are based in La Defense,
Paris, and its Asian HQ is in Hong Kong. AIG owns Ocean Finance,
a United Kingdom based company providing home owner loans,
mortgages and remortgages. AIG operates in the UK with the brands
AIG UK, AIG Life and AIG Direct. It has about 3,000 employees,
and sponsors the Manchester United football club. In response to
redemption demands, AIG Life (UK) suspended redemptions of its AIG
Premier Bond money market fund on Sept. 19, 2008, in order to
provide an orderly withdrawal of assets.
The Federal Reserve Bank of New York has extended to AIG a
revolving credit facility up to US$85 billion. AIG's borrowings
under the revolving credit facility will bear interest, for each
day, at a rate per annum equal to three-month Libor plus 8.50%.
The revolving credit facility will have a 24-month term and will
be secured by a pledge of assets of AIG and various subsidiaries.
The revolving credit facility will contain affirmative and
negative covenants, including a covenant to pay down the facility
with the proceeds of asset sales.
The summary of terms also provides for a 79.9% equity interest in
AIG. The corporate approvals and formalities necessary to create
this equity interest will depend upon its form.
In a statement, the company said "AIG is a solid company with over
US$1 trillion in assets and substantial equity, but it has been
recently experiencing serious liquidity issues."
Standard & Poor's Ratings Services revised the CreditWatch
status of most of its ratings on the AIG group of companies --
including its 'A-' long-term counterparty credit ratings on
American International Group Inc. and the 'A+' counterparty credit
and financial strength ratings on most of AIG's insurance
operating subsidiaries -- to CreditWatch developing from
CreditWatch negative.
S&P raised its ratings on preferred stock of International Lease
Finance Corp. (ILFC; A-/Watch Dev/A-1) to 'BBB' from 'B', and
revised the CreditWatch implications to developing from negative.
All other ILFC ratings remain on CreditWatch with developing
implications.
Fitch Ratings revised its Rating Watch on American International
Group, Inc. to Evolving from Negative. Fitch viewed this
transaction as a favorable development that alleviates significant
near-term liquidity concerns.
* * *
In a U.S. Securities and Exchange Commission filing dated
Aug. 6, 2008, AIG reported a net loss for the second quarter of
2008 of US$5.36 billion compared to 2007 second quarter net income
of US$4.28 billion. Second quarter 2008 adjusted net loss was
US$1.32 billion, compared to adjusted net income of US$4.63
billion for the second quarter of 2007. The continuation of
the weak U.S. housing market and disruption in the credit markets,
as well as global equity market volatility, had a substantial
adverse effect on AIG's results in the second quarter.
Net loss for the first six months of 2008 was US$13.16 billion,
compared to net income of US$8.41 billion in the first six months
of 2007. Adjusted net loss for the first six months of 2008 was
US$4.88 billion, compared to adjusted net income of US$9.02
billion in the first six months of 2007.
BARING DEVELOPMENTS: Taps BDO Stoy as Joint Administrators
----------------------------------------------------------
A. H. Beckingham and T. Underwood of BDO Stoy Hayward LLP were
appointed as joint administrators of Baring Developments (Cowes)
Ltd. on Oct. 23, 2008.
The company can be reached through BDO Stoy Hayward LLP at:
Arcadia House
Maritime Walk
Ocean Village, Southampton
SO14 3TL
England
CARLSBERG: To Close its Leeds Brewery Site by 2011
--------------------------------------------------
Carlsberg will close its brewery site in Leeds by 2011, BBC News
reports. The brewery, which now produces Tetley and Carlsberg
beers, has been operating in the city since 1822.
According to the report, the brewery's closure will result to the
loss of 170 jobs.
Carlsberg, the report discloses, cited falling consumption and
higher duties as reasons for its decision.
Darran Britton, Carlsberg's marketing director, however noted that
while the Leeds brewery was less efficient than Northampton, the
closure decision was no reflection on the workers, the report
relates.
The company, the report states, needed to maximize efficiency to
remain competitive in the face of increasingly challenging market
conditions.
"We have to consider difficult decisions to remain competitive in
the current environment and we regret the risk to the jobs of our
employees," Nick Webb, supply chain director of Carlsberg UK, was
quoted by BBC News as saying. "Although the business has remained
robust in tough market conditions, this proposed move is vital to
ensure Carlsberg UK remains a strong and sustainable business in
the future."
Carlsberg, the report reveals, would seek to redeploy staff,
although the company could not say how many workers would be
redeployed either to its other brewery or distribution sites.
Consultation with the workers has started, the report adds.
"We are announcing the closure proposal more than two years in
advance so that our employees are able to prepare for the future,"
Mr. Webb said.
CASTLE FINANCE: S&P Withdraws D Rating on EUR325 Million Notes
--------------------------------------------------------------
Standard & Poor's Ratings Services has lowered and withdrawn its
ratings on five constant proportion debt obligation transactions.
These rating actions follow widening and increasing volatility in
credit default swap spreads, which have led the net asset value of
these CPDOs to fall below 10%.
The 10% trigger is referred to as the "cash-out" trigger. Once
the NAV falls below 10%, the transaction is unwound. The low NAV
on the transactions means that noteholders will suffer principal
losses, and therefore S&P have lowered the ratings to 'D'.
Ratings List
Ratings Lowered and Withdrawn
Castle Finance I Ltd.
EUR325 Million Surf Constant Proportion Debt Obligation
Notes
Series 7
Rating
------
To From
-- ----
D CC
NR D
Chess II Ltd.
EUR100 Million Surf Constant Proportion Debt Obligation
Floating-Rate Notes
Series 25
Rating
------
To From
-- ----
D CC
NR D
Rembrandt New Zealand Trust No. 2006-1
NZD70 Million Floating-Rate Notes
Rating
------
To From
-- ----
D CC
NR D
Rembrandt Australia Trust No. 2006-2
AUD50 Million Floating-Rate Notes
Rating
------
To From
-- ----
D CC
NR D
Rembrandt Australia Trust No. 2006-3
AUD40 Million Community Income Constant Proportion Debt
Obligation Notes
Rating
------
To From
-- ----
D CC
NR D
CHESS II: S&P Withdraws D Rating on EUR100 Million Notes
--------------------------------------------------------
Standard & Poor's Ratings Services has lowered and withdrawn its
ratings on five constant proportion debt obligation transactions.
These rating actions follow widening and increasing volatility in
credit default swap spreads, which have led the net asset value of
these CPDOs to fall below 10%.
The 10% trigger is referred to as the "cash-out" trigger. Once
the NAV falls below 10%, the transaction is unwound. The low NAV
on the transactions means that noteholders will suffer principal
losses, and therefore S&P have lowered the ratings to 'D'.
Ratings List
Ratings Lowered and Withdrawn
Castle Finance I Ltd.
EUR325 Million Surf Constant Proportion Debt Obligation
Notes
Series 7
Rating
------
To From
-- ----
D CC
NR D
Chess II Ltd.
EUR100 Million Surf Constant Proportion Debt Obligation
Floating-Rate Notes
Series 25
Rating
------
To From
-- ----
D CC
NR D
Rembrandt New Zealand Trust No. 2006-1
NZD70 Million Floating-Rate Notes
Rating
------
To From
-- ----
D CC
NR D
Rembrandt Australia Trust No. 2006-2
AUD50 Million Floating-Rate Notes
Rating
------
To From
-- ----
D CC
NR D
Rembrandt Australia Trust No. 2006-3
AUD40 Million Community Income Constant Proportion Debt
Obligation Notes
Rating
------
To From
-- ----
D CC
NR D
DERVAN AND BEASTALL: Appoints Joint Administrators from Tenon
-------------------------------------------------------------
Nigel Ian Fox and Stanley Donald Burkett-Coltman of Tenon Recovery
were appointed joint administrators of Dervan And Beastall Ltd. on
Oct. 1, 2008.
The company can be reached at:
Dervan And Beastall Ltd.
Haslar Marina
Haslar Road
Gosport, Hampshire
PO12 1NU
England
The company operates a bar and restaurant.
EURO CAR: Tenon Recovery Designated as Joint Administrators
-----------------------------------------------------------
Paul W. Ellison, Ian W. Kings and Tom McLennan of Tenon Recovery
were appointed joint administrators of Euro Car Parts Logistics
Ltd. on Oct. 5, 2008.
The company can be reached through Tenon Recovery at:
Aquarium
1-7 King Street, Reading
Berkshire
RG1 2AN
England
The company sells motor vehicle parts.
GRANELLI MCDERMOTT: Calls in Joint Administrators from Tenon
------------------------------------------------------------
Gareth W. Roberts and Paul W. Ellison of Tenon Recovery were
appointed joint administrators of Granelli Mcdermott Ltd. on
Oct. 21, 2008.
The company can be reached through Tenon Recovery at:
Third Floor
Aquarium
1-7 King Street
Reading
Berkshire
RG1 2AN
England
GREENBERG GLASS: Administrators In Talks With Potential Buyers
--------------------------------------------------------------
Peter McCusker at The Journal reports that Gateshead-based glass
manufacturer Greenberg Glass Emergency has gone into
administration. David Whitehouse and Phil Duffy, partners at MCR,
were appointed joint administrators of the company on November 5,
2008.
According to the report, 36 workers in the Team Valley Trading
Estate, Gateshead operation, have been made redundant.
The administrators, the report discloses, are in talks with
potential buyers.
"The administrators are currently speaking with a number of
interested parties, including one party which is specifically
interested in the Gateshead operation," a spokesman for MCR was
quoted by report as saying.
Collapse of Sister Company
On October 28, 2008, Messrs. Whitehouse and Duffy of MCR were
appointed joint administrators of Greenberg Group Ltd., trading as
Greenberg Glass Contracts. The company supplied external and
internal glazing to major commercial and retail developments
around the UK.
Based in Wellington Employment Park, Liverpool, with branches in
London, Birmingham and Cumbernauld, the company employed
approximately 160 staff. Since MCR's appointment, 70 staff have
been made redundant.
Mr. Whitehouse, partner at MCR, commented, "Increasingly difficult
financial and market conditions have contributed to the company's
present situation. We will undertake a full analysis of the
business to establish how returns to creditors can be maximized."
HARMONY CARE: Appoints Joint Administrators from Tenon Recovery
---------------------------------------------------------------
Dilip K. Dattani and Patrick Ellward of Tenon Recovery were
appointed joint administrators of Harmony Care Ltd. on Oct. 17,
2008.
The company can be reached through Tenon Recovery at:
67 Westleigh Gardens
Edgware
Middlesex
HA8 5RP
England
HAZELMERE HOLDINGS: Appoints Joint Administrators from BDO Stoy
---------------------------------------------------------------
Geoffrey Stuart Kinlan and Antony David Nygate of BDO Stoy Hayward
LLP were appointed joint administrators of Hazelmere Holdings Plc
on Oct. 24, 2008.
The company can be reached through BDO Stoy Hayward at:
Prospect Place
85 Great North Road
Hatfield
Hertfordshire
AL9 5BS
England
HAZELMERE HOMES: Brings in Joint Administrators from BDO Stoy
-------------------------------------------------------------
Geoffrey Stuart Kinlan and Antony David Nygate of BDO Stoy Hayward
LLP were appointed joint administrators of Hazelmere Homes Ltd. on
Oct. 24, 2008.
The company can be reached through BDO Stoy Hayward at:
Prospect Place
85 Great North Road
Hatfield
Hertfordshire
AL9 5BS
England
HILL STATION: Taps Joint Administrators from Tenon Recovery
-----------------------------------------------------------
Gareth W. Roberts and Paul W. Ellison of Tenon Recovery were
appointed joint administrators of Hill Station Plc on Oct. 21,
2008.
The company can be reached at:
Hill Station Plc
C/o Tenon Recovery
3rd. Floor
Aquarium
1-7 King Street
Reading
Berkshire
RG1 2AN
England
HITCHENS: Synergy Retail Takes Over Morecambe Store
---------------------------------------------------
Ingrid Kent at Lakeland Echo reports that Synergy Retail Ltd.
has taken over Hitchens' Morecambe store, securing 50 jobs.
"The Morecambe store was part of five stores sold as a going
concern. As such, the members of staff will not lose their jobs,"
Shane Biddlecombe of administrators HJS Recovery was quoted by
Lakeland Echo as saying.
Lakeland Echo however notes that at present it is not known if the
name of the store will change or if it will continue to sell the
same type of goods.
Citing Crains Manchester Business, the TCR-Europe, on Oct. 30,
2008, reported that the Hitchens store chain was put into
administration by its parent the Wallgate Group Plc. According to
Wallgate, the store chain was losing money.
Headquartered in Bolton, Hitchens sells a range of goods including
furniture, electrical items and toys. It operates 12 stores
across the country.
INNER VOICE: Tenon Recovery Appointed Liquidators
-------------------------------------------------
Matthew Colin Bowker and Jonathan Paul Philmore of Tenon Recovery
were appointed joint liquidators of Inner Voice Outer Voice Ltd.
on Oct. 21, 2008.
The company can be reached through Tenon Recovery's office at:
Lowgate House
Lowgate
Hull
HU1 1EL
England
Inner Voice is in the business of hairdressing and other beauty
treatments.
INTERIOS HOLDINGS: Calls in Joint Administrators from Tenon
-----------------------------------------------------------
Ian William Kings and Steven Philip Ross of Tenon Recovery were
appointed Joint Administrators of Interios Holdings Ltd. on
Oct. 21, 2008.
The company can be reached through Tenon Recovery at:
Tenon House
Ferryboat Lane
Sunderland
SR5 3JN
England
LOSELEY DAIRY: Names Tenon Recovery as Joint Administrators
-----------------------------------------------------------
Gareth W. Roberts and Paul W. Ellison of Tenon Recovery were
appointed joint administrators of Loseley Dairy Ice Cream Ltd. on
Oct. 21, 2008.
The company can be reached through Tenon Recovery at:
Third Floor
Aquarium
1-7 King Street
Reading
Berkshire
RG1 2AN
England
MOBESTAR LTD: Appoints Joint Administrators from PKF
----------------------------------------------------
Christopher J. Latos and Stephen Paul Holgate of PKF (UK) LLP were
appointed joint administrators of Mobestar Ltd. on Oct. 21, 2008.
The company can be reached at:
Mobestar Ltd.
Unit 46, Surrey Technology Centre
Surrey Research Park
40 Occam Road
Guildford
Surrey
GU2 7YG
England
The company provides mobile applications services.
MOORCROSS LTD: Taps Joint Liquidators from Tenon Recovery
---------------------------------------------------------
Alexander Kinninmonth and Stanley Donald Burkett-Coltman of Tenon
Recovery, were appointed joint liquidators of Moorcross
(Construction) Ltd. on Oct. 20, 2008, for the creditors' voluntary
winding-up proceeding
The company can be reached at:
Moorcross (Construction) Ltd.
c/o Tenon Recovery
Highfield Court
Tollgate
Chandlers Ford
Eastleigh
Hampshire
SO53 3TZ
England
The company is engaged in general building construction.
MSO CARTONMASTER: Brings in Joint Administrators from PwC
---------------------------------------------------------
David Kelly and Ian David Green of PricewatehrouseCoopers LLP were
appointed joint administrators of MSO Cartonmaster Ltd. on
Oct. 24, 2008.
The company can be reached at:
MSO Cartonmaster Ltd.
Pioneer House
Dalton Way
Middlewich
Cheshire
CW10 0HU
England
REGENT GARDEN: Appoints Joint Liquidators from BDO Stoy Hayward
---------------------------------------------------------------
Martha H. Thompson and Christopher K. Rayment of BDO Stoy Hayward,
were appointed joint liquidators of The Regent Garden Collection
Ltd. on Oct. 17, 2008, for the creditors' voluntary winding-up
proceeding.
The company can be reached through Tenon Recovery at:
Kings Wharf
20-30 Kings Road
Reading
RG1 3EX
England
RMP PROPERTIES: Goes Into Administration
----------------------------------------
Debbie Leigh at Headingley Today reports that RMP Properties
has gone into administration.
The company was put into the hands of administrators Butcher
Woods, corporate recovery specialists in Birmingham, the report
discloses.
The report however noted receivers Redbrick issued an assurance to
RMP tenants that their homes and deposits were safe.
The RMP Properties office on Headingley Lane remains open and
trading as normal and tenants are urged to continue contacting
staff there with any inquiries, as usual, the report relates.
"The key point is that for existing tenants it is business as
usual for them," a spokesman for the company was quoted by
Headingley Today as saying. "They remain in the properties and
their deposits are fully protected. There is no threat to their
tenancies."
Citing an unnamed source, the report discloses three members of
staff had been retained and several had left before the company
went into administration.
Based in Hyde Park, RMP Properties --
http://www.rmpproperties.co.uk/-- are a property lettings and
sales company. It has an extensive range of student and
professional lets available, as well as a wide selection of
properties for sale.
SEA CONTAINERS: Files 18 Supplementary Documents to Amended DS
--------------------------------------------------------------
Sea Containers Ltd. and its debtor-affiliates filed with the U.S.
Bankruptcy Court for the District of Delaware 18 documents as
additional supplement to their Second Amended Disclosure Statement
explaining their Second Amended Joint Plan of Reorganization:
(1) Constitutional and organizational documents of Newco;
(2) Newco transfer agreement;
(3) Section 1129(a)(5) disclosures with respect to directors
and officers;
(4) U.K. Scheme of Arrangement of Sea Containers Services
Ltd.;
(5) GE SeaCo definitive settlement documents;
(6) Executory contracts and unexpired leases to be assumed;
(7) Executory contracts and unexpired leases to be assumed as
amended;
(8) Executory contracts and unexpired leases to be rejected;
(9) Causes of action to be transferred to Newco;
(10) Causes of action to be retained by the Reorganized
Debtors;
(11) Equalization escrow agreement;
(12) Non-Debtor subsidiary trust deed;
(13) Equalization-related employee claim trust deed;
(14) Newco repatriation note;
(15) No objection letter;
(16) Agreement with respect to pension protection fund
eligibility procedures;
(17) Newco director and officer equity incentive plan; and
(18) Plan administrator agreement.
The Debtors note that pursuant to the Plan, counterparties to
assumed or rejected contracts and leases may file an objection to
a cure amount by filing a proof of claim 30 days after the earlier
of the (i) date of any assumption, and (ii) the Plan's effective
date. Failure to file an objection by the deadline will be deemed
an acceptance of the cure amounts proposed by the Debtors.
About Sea Containers Ltd.
Headquartered in Hamilton, Bermuda, Sea Containers Ltd. --
http://www.seacontainers.com/-- provides passenger and freight
transport and marine container leasing. Registered in Bermuda,
the company has regional operating offices in London, Genoa, New
York, Rio de Janeiro, Sydney, and Singapore. The company is
owned almost entirely by United States shareholders and its
primary listing is on the New York Stock Exchange (SCRA and
SCRB) since 1974. On Oct. 3, the company's common shares and
senior notes were suspended from trading on the NYSE and NYSE
Arca after the company's failure to file its 2005 annual report
on Form 10-K and its quarterly reports on Form 10-Q during 2006
with the U.S. Securities and Exchange Commission.
Through its GNER subsidiary, Sea Containers Passenger Transport
operates Britain's fastest railway, the Great North Eastern
Railway, linking England and Scotland. It also conducts ferry
operations, serving Finland and Estonia as well as a commuter
service between New York and New Jersey in the U.S.
Sea Containers Ltd. and two subsidiaries filed for chapter 11
protection on Oct. 15, 2006 (Bankr. D. Del. Case No. 06-11156).
Edmon L. Morton, Esq., Edwin J. Harron, Esq., Robert S. Brady,
Esq., Sean Matthew Beach, Esq., and Sean T. Greecher, Esq., at
Young, Conaway, Stargatt & Taylor, represent the Debtors in
their restructuring efforts.
The Official Committee of Unsecured Creditors and the Financial
Members Sub-Committee of the Official Committee of Unsecured
Creditors of Sea Containers Ltd. is represented by William H.
Sudell, Jr., Esq., and Thomas F. Driscoll, Esq., at Morris,
Nichols, Arsht & Tunnell LLP. Sea Containers Services, Ltd.'s
Official Committee of Unsecured Creditors is represented by
attorneys at Willkie Farr & Gallagher LLP.
In its schedules filed with the Court, Sea Containers disclosed
total assets of US$62,400,718 and total liabilities of
US$1,545,384,083.
(Sea Containers Bankruptcy News, Issue No. 54; Bankruptcy
Creditors' Service, Inc., http://bankrupt.com/newsstand/or
215/945-7000)
SEA CONTAINERS: Can Access US$150MM DIP Funding from Fortis Bank
--------------------------------------------------------------
To successfully emerge from bankruptcy and consummate the
transactions contemplated under their Second Amended Joint Plan of
Reorganization, Sea Containers Ltd. and its debtor-affiliates need
to secure exit financing, relates Robert S. Brady, Esq., at Young
Conaway Stargatt & Taylor, LLP, in Wilmington, Delaware.
For this reason, the Debtors seek authority from the United States
Bankruptcy Court for the District of Delaware to enter into a
US$150,000,000 exit financing with Fortis Bank (Nederland) N.V.
and DVB Bank S.E. pursuant to a commitment letter.
In addition to repaying the DIP loan, the Plan provides that the
Debtors use Exit Financing proceeds to fund certain payments
under the Plan, and provide working capital for SeaCo Finance
Ltd., the entity to which Sea Containers Ltd.'s container
interests will be transferred.
A copy of the Commitment Letter is available for free at:
http://ResearchArchives.com/t/s?34b6
The Exit Facility
Under the Commitment Letter, the Exit Lenders will provide SCL
with exit financing consisting of a term loan facility of up to
US$150,000,000.
Borrower SeaCo Finance Ltd.
Guarantors Sea Containers SPC Ltd, Quota Holdings Ltd.
and Newco America
Administrative Fortis Bank
Agent
Term Loan Aggregate principal amount of up to
Facility US$150,000,000 will be available pursuant to a
five-year term loan facility.
Maturity The fifth anniversary after the Funding Date.
The Funding Date is expected to occur on or
prior to January 31, 2009.
Fees * Upfront fee of 1.75% of the initial
principal amount under the Term Loan
Facility;
* Administrative Agent fee of US$75,000 fixed
annual fee;
* Commitment fee of 3% per annum of the
facility amount;
* Work fee of US$250,000; and
* Termination fee equal to (i) 75% of the
Upfront Fee, minus (ii) the Work Fee.
Events of The usual and customary events in transaction
Default of this type, including nonpayment of
principal, interest and fees, and failure to
perform covenants, and subject to carveout,
materiality and knowledge qualifiers, and cure
provisions.
Remedies upon an Upon an Event of Default, the Exit Lenders
Event of Default will be entitled to (i) accelerate the payment
of all obligations owing under the Facility,
and (ii) instruct the Borrower to sell or
liquidate the owned containers, any finance
leases, and repatriation note with any
proceeds received being applied first to
satisfy the obligations owing under the
Facility.
Mr. Brady declares that a limited purpose entity, currently named
Topco, may be formed on or prior to the loan's funding date to
acquire the shares of the Borrower. Topco will be an additional
guarantor, and will pledge its shares in the Borrower.
To secure the Loan, the Borrower and Sea Containers SPC Ltd. will
grant the Administrative Agent valid and perfected first priority
liens and security interests in all of their present and future
property and assets, subject to customary and negotiated
exceptions.
The terms of the Facility are reasonable, and the best one
available to the Debtors, Mr. Brady tells the Court. He adds
that terms were finalized after lengthy negotiations and thorough
consideration of numerous financing arrangements. Absent the
Court's approval, the Debtors will be hard-pressed to maintain
their exit timetable, he continues.
To recall, the Debtors' voting and plan objection deadline is on
Nov. 10, 2008. The plan confirmation hearing will commence
on Nov. 24.
* * *
Judge Kevin J. Carey authorized the Debtors to enter into the
US$150,000,000 exit financing with Fortis Bank and DVB Bank. The
Court also approved the Commitment Letter, and directed the
Debtors to make payments of obligations pursuant to the Commitment
Letter as administrative claims under Sections 503(b) and
507(a)(1) of the Bankruptcy Code.
About Sea Containers Ltd.
Headquartered in Hamilton, Bermuda, Sea Containers Ltd. --
http://www.seacontainers.com/-- provides passenger and freight
transport and marine container leasing. Registered in Bermuda,
the company has regional operating offices in London, Genoa, New
York, Rio de Janeiro, Sydney, and Singapore. The company is
owned almost entirely by United States shareholders and its
primary listing is on the New York Stock Exchange (SCRA and
SCRB) since 1974. On Oct. 3, the company's common shares and
senior notes were suspended from trading on the NYSE and NYSE
Arca after the company's failure to file its 2005 annual report
on Form 10-K and its quarterly reports on Form 10-Q during 2006
with the U.S. Securities and Exchange Commission.
Through its GNER subsidiary, Sea Containers Passenger Transport
operates Britain's fastest railway, the Great North Eastern
Railway, linking England and Scotland. It also conducts ferry
operations, serving Finland and Estonia as well as a commuter
service between New York and New Jersey in the U.S. Sea
Containers Ltd. and two subsidiaries filed for chapter 11
protection on Oct. 15, 2006 (Bankr. D. Del. Case No. 06-11156).
Edmon L. Morton, Esq., Edwin J. Harron, Esq., Robert S. Brady,
Esq., Sean Matthew Beach, Esq., and Sean T. Greecher, Esq., at
Young, Conaway, Stargatt & Taylor, represent the Debtors in
their restructuring efforts.
The Official Committee of Unsecured Creditors and the Financial
Members Sub-Committee of the Official Committee of Unsecured
Creditors of Sea Containers Ltd. is represented by William H.
Sudell, Jr., Esq., and Thomas F. Driscoll, Esq., at Morris,
Nichols, Arsht & Tunnell LLP. Sea Containers Services, Ltd.'s
Official Committee of Unsecured Creditors is represented by
attorneys at Willkie Farr & Gallagher LLP.
In its schedules filed with the Court, Sea Containers disclosed
total assets of US$62,400,718 and total liabilities of
US$1,545,384,083.
(Sea Containers Bankruptcy News, Issue No. 54; Bankruptcy
Creditors' Service, Inc., http://bankrupt.com/newsstand/or
215/945-7000)
TATA MOTORS: Jaguar Land Rover to Eliminate 400 UK Jobs
-------------------------------------------------------
Jon Swaine at the Daily Telegraph reports that Jaguar Land Rover,
owned by Indian company Tata Motors Limited, is inviting
volunteers for redundancy among manufacturing workers after sales
dropped amid challenging trading conditions.
According to the report, Jaguar Land Rover will eliminate 400 jobs
at its sites in Birmingham, Solihull and Merseyside, including at
its engineering centers in Coventry and Warwickshire. The
company, which has 16,000 staff, axed 198 jobs earlier this year,
the report relates.
The company will also suspend production at its Merseyside
Halewood plant, which makes the Jaguar X Type and the Land Rover
Freelander, for a week next month, in an attempt to match output
to lower demand, the report notes.
In the first nine months of the year combined sales by the two
brands fell by 4.7 per cent to 214,480 vehicles, the report
discloses. Jaguar sales, the report states, grew by 12.9 per cent
but Land Rover lost 9.7 per cent.
"While regrettable, this is a necessary action to manage our
business through a very challenging period," David Smith, the
company's chief executive was quoted by the Daily Telegraph as
saying.
A spokesman for the company, as cited by the report, noted trading
conditions is expected to remain volatile in the near future.
Tata Motors' recent Rs.4,200-crore twin rights issue to refinance
its US$2.4 billion acquisition of Ford's Jaguar and Land Rover
marques failed to get investors' interest amid drastic fall in the
company's stock price.
Tata Group of India had to cover about Rs 30 billion (US$607
million) of the Rs 41.5 billion rights issued by Tata Motors after
investors shunned the offering, The Financial Times reported.
A TCR-AP report on Aug. 21, 2008, said Tata Motors reduced its
long-term financing plan for the Jaguar-Land Rover acquisition
from three to two simultaneous but unlinked securities citing the
current situation in the capital market and the change in the
level of prices in the stock markets since May 2008.
About Tata Motors
India's largest automobile company, Tata Motors Limited --
http://www.tatamotors.com/-- is mainly engaged in the business
of automobile products consisting of all types of commercial and
passenger vehicles, including financing of the vehicles sold by
the company. The company's operating segments consists of
Automotive and Others. In addition to its automotive products,
it offers construction equipment, engineering solutions and
software operations. TML is listed on the Bombay Stock
Exchange, the National Stock Exchange of India and New York
Stock Exchange. It was ultimately 33.4% owned by the Tata Group
as of December 2007.
Tata Motors has operations in Russia and the United Kingdom.
* * *
As reported in the Troubled Company Reporter-Asia Pacific on
July 9, 2008, Standard & Poor's Ratings Services kept its 'BB'
corporate credit rating on India's Tata Motors Ltd. on
CreditWatch with negative implications, pending finalization of
the long-term financing plans for funding the company's purchase
of Jaguar and Land Rover from Ford Motor Co. (B/Watch Neg/--).
At the same time, Standard & Poor's ratings on all Tata Motors'
rated debt remain on CreditWatch with negative implications.
The rating on Tata Motors was lowered on April 4, 2008, to 'BB',
from 'BB+', after the announcement of the agreement with Ford
Motor Co. for the purchase of Jaguar and Land Rover. Tata
Motors has paid about US$2.3 billion in cash for Jaguar and Land
Rover (comprising brands, plants, and intellectual property
rights). Ford has contributed US$600 million to the Jaguar-Land
Rover (JLR) pension plans.
As reported in the Troubled Company Reporter-Asia Pacific on
June 4, 2008, Moody's Investors Service downgraded the
corporate family rating of Tata Motors Ltd to Ba2 from Ba1
following the completion of its acquisition of Ford's Jaguar
Land Rover. The rating outlook is negative.
TILE WORLD: Names Tenon Recovery as Joint Liquidators
-----------------------------------------------------
Alexander Kinninmonth and Nigel Ian Fox of Tenon Recovery were
appointed joint liquidators of Tile World Ltd. on Oct. 21, 2008,
for the creditors' voluntary winding-up proceeding.
The company can be reached through Tenon Recovery at:
Highfield Court
Tollgate
Chandlers Ford
Eastleigh
Hampshire
SO53 3TZ
England
TISCALI SPA: Company Request Prompts S&P to Withdraw 'B' Rating
---------------------------------------------------------------
Standard & Poor's Ratings Services said that it withdrew its 'B'
long-term corporate credit ratings, and all debt and recovery
ratings, on Tiscali SpA, an alternative provider of Internet,
telephony, and TV services in the U.K. and Italy. The ratings
withdrawal was made at the company's request and follows a review
of their future financing strategy. The company has no public
debt outstanding.
TMCD LTD: Appoints Joint Administrators from PKF
------------------------------------------------
Edward T. Kerr and Ian J. Gould of PKF (UK) LPP were appointed
joint administrators of TMCD Ltd. on Oct. 23, 2008.
The company can be reached at:
TMCD Ltd.
Regent House
Clinton Avenue
Nottingham
NG5 1AZ
England
* Large Companies with Insolvent Balance Sheet
----------------------------------------------
Shareholders Total Working
Equity Assets Capital
Ticker (US$MM) (US$MM) (US$MM)
------ ----------- ------- --------
AUSTRIA
-------
Libro AG (110) 174 (168)
Sky Europe (4) 213 (54)
BELGIUM
-------
Sabena S.A. (85) 2,215 (279)
CZECH REPUBLIC
--------------
Ceskomoravska Kolben &
Danek Praha Holding (89) 192 (59)
Setuza A.S. (61) 139 (62)
DENMARK
-------
Elite Shipping (28) 101 3
Roskilde Bank (533) 7,877 N.A.
FRANCE
------
BSN Glasspack (101) 1,151 159
Grande Paroisse S.A. (927) 629 347
Immob Hoteliere (67) 301 (17)
Lab Dosilos (28) 110 (44)
Matussiere et Forest S.A. MTF (78) 294 (38)
Pagesjaunes GRP PAJ (3,023) 1,377 (453)
Rhodia SA (342) 6,507 712
SDR Centrest (132) (252) N.A.
Selcodis S.A. SPVX (21) 141 (36)
Trouvay Cauvin (0) 134 9
GERMANY
-------
Alno AG ANO (21) 340 (88)
Brokat AG (27) 144 109
CBB Holding AG COB (43) 905 N.A.
Cinemaxx AG MXC (38) 178 (47)
Dortmunder
Actien-Brauerei DABG (13) 118 (27)
EECH Group AG 0 109 57
EM.TV AG EV4G.BE (22) 849 19
Kaufring AG KAUG (19) 151 (48)
Kunert AG (28) 102 29
Maternus Kliniken AG MAK.F (17) 182 (99)
Nordsee AG (8) 195 (14)
P & T Technology 0 109 57
Primacom AG PRC (14) 730 (68)
Rinol AG 0 168 (6)
Sander AG (6) 128 32
Sinnleffers AG (4) 454 (182)
Spar Handels- AG SPAG (442) 1,433 (294)
TA Triumph-Adler TWN (66) 484 (77)
Vivanco Gruppe (10) 131 28
GREECE
------
Empedos SA (34) 175 (57)
Noussa Spin (11) 450 (107)
Petzetakis-PFC PETZP (15) 294 (143)
Radio A.Korassidis KORA (101) 181 (165)
Commercial
Themeliodome (56) 232 (128)
United Textiles (11) 450 (107)
HUNGARY
-------
Brodograde Indus (322) 264 (366)
IPK Osijek DD OS (15) 124 (82)
OT Optima Teleko (26) 119 7
ICELAND
-------
Decode Genetics (187) 111 48
IRELAND
-------
Elan Corp PLC ELN (388) 1,599 705
Waterford Wed Ut WTFU (506) 821 364
ITALY
-----
Binda S.p.A. BND (11) 129 (23)
Cirio Finanziaria S.p.A. (422) 1,583 N.A.
Gruppo Coin S.p.A. GC (152) 791 (61)
Compagnia Italia ICT (138) 527 (318)
Credito Fondiario
e Industriale S.p.A. (200) 4,213 N.A.
Fullsix (4) 114 (18)
I Viaggi del
Ventaglio S.p.A. VVE (73) 540 (127)
Lazzio S.p.A. (15) 261 (40)
Olcese S.p.A. OLCI.MI (13) 180 (80)
Parmalat Finanziaria
S.p.A. (18,4219) 4,121 (16,919)
Snia S.p.A. SN (25) 488 31
Technodiffusione
Italia S.p.A. TDIFF.PK (90) 152 (30)
NETHERLANDS
-----------
Baan Company N.V. BAAN (8) 610 46
James Hardie Ind. (238) 2,357 184
United Pan-Euro Air UPC (5,505) 5,113 (9,170)
NORWAY
------
Interoil Exploration IOX (25) 210 (11)
Petroleum-Geo Services PGO (18) 400 (758)
POLAND
------
Toora (289) 147 (86)
ROMANIA
-------
Oltchim RM Valce OLT (7) 673 (170)
Rafo Onesti RAF (430) 353 (616)
RUSSIA
------
Akcionernoe Brd (117) 135 (24)
East Siberia Brd VSNK (113) 148 (11)
Gukovugol (58) 144 (148)
OAO Samaraneftegas (332) 892 (611)
Vanadiy-Tula-Brd (12) 105 (3)
Vimpel Ship SOVP (116) 135 (24)
Zil Auto ZILLP (240) 478 (447)
TURKEY
------
Egs Ege Giyim VE (7) 147 (25)
Iktisat Financial (46) 108 N.A.
Mudurnu Tavukcul (65) 160 (115)
Nergis Holding (77) 299 38
Sifas (17) 117 21
UKRAINE
-------
Dniprooblenergo DNON (51) 433 (200)
Donetskoblenergo DOON (367) 631 (469)
UNITED KINGDOM
--------------
Advance Display (3,016) 2,590 (411)
Airtours Plc (379) 1,818 (932)
Alldays Plc (120) 252 (290)
Amer Bus Sys (497) 121 (497)
Amey Plc AMY (49) 932 (76)
Anker Plc (22) 115 16
Atkins (WS) Plc ATK (46) 1,345 58
Black & Edgingto (140) 203 23
BNB Recruitment (10) 104 38
Booker Plc BKRUY (60) 1,298 (13)
Bradstock Group BDK (2) 269 7
British Energy Ltd (5,823) 4,921 534
British Energy Plc BGY (5,823) 4,921 534
British Sky Broadcast (334) 8,126 (388)
Carlisle Group (12) 204 30
Compass Group CPG (668) 2,972 (440)
Danka Bus (497) 121 (497)
Dawson Holdings (18) 226 (63)
Dignity Plc DTY (9) 648 71
Easynet Group ESY.L (45) 323 68
Electrical and Music
Industries Group EMI (2,266) 2,950 (582)
European Home (14) 111 (70)
Farepak Plc (14) 111 (70)
Gartland Whalley (11) 145 (13)
Hilton Food Group (21) 256 (12)
Kleeneze Plc (14) 111 (70)
Ladbrokes Plc LAD (814) 2,403 (706)
Lambert Fenchurch Group (1) 1,827 5
Leeds United (73) 144 (48)
M 2003 Plc (2,204) 7,204 (1,078)
Mytravel Group MT.L (380) 1,818 (931)
New Star Asset (398) 293 21
Next Plc (119) 3,161 (125)
Orange Plc ORNGF (594) 2,902 12
Orbis Plc (4) 128 (5)
Patientline Plc (55) 125 (10)
Preedy Alfred (119) 3,161 (125)
Rank Group Plc (132) 1,066 (175)
Regus Plc (46) 367 (97)
Rentokil Initial (8) 4,178 (886)
Saatchi & Saatchi SSI (119) 705 (66)
SFI Group SUF (108) 178 (265)
Skyepharma Plc SKP (140) 203 23
Smiths News Plc (124) 201 (92)
Styles & Wood (57) 107 (9)
Telewest
Communications Plc TLWT (3,702) 7,581 (10,042)
Thorn Emi Plc (2,266) 2,950 (582)
Topps Tiles Plc (111) 195 18
Trio Finance (14) 592 N.A.
UTC Group (12) 204 30
Virgin Mobile (392) 166 (176)
Watson & Philip (120) 252 (290)
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers'
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than US$3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
A list of Meetings, Conferences and Seminars appears in each
Thursday's edition of the TCR. Submissions about insolvency-
related conferences are encouraged. Send announcements to
conferences@bankrupt.com
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/booksto order any title today.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter -- Europe is a daily newsletter co-
published by Bankruptcy Creditors' Service, Inc., Fairless
Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick,
Maryland USA. Pius Xerxes V. Tovilla, Valerie C. Udtuhan, Marites
O. Claro, Rousel Elaine C. Tumanda, Joy A. Agravante, Marie
Therese V. Profetana and Peter A. Chapman, Editors.
Copyright 2008. All rights reserved. ISSN 1529-2754.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The TCR Europe subscription rate is US$625 per half-year,
delivered via e-mail. Additional e-mail subscriptions for members
of the same firm for the term of the initial subscription or
balance thereof are US$25 each. For subscription information,
contact Christopher Beard at 240/629-3300.
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