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, February 18, 2008, Vol. 9, No. 34
Headlines
A N T I G U A & B A R B U D A
DELTA AIR: Will Launch Non-Stop Flights To Antigua & Barbuda
A R G E N T I N A
AUTOPARTES Y SERVICIOS: Court Names Jose Eduardo Obes as Trustee
DANA CORP: NewCo Registers Post-Bankruptcy Common Stock
DANA CORP: US$1.35 Billion Term Loan Trades on Secondary Market
FORD MOTOR: Fitch Amends Ratings on Ford Credit Australia Ltd.
MALFATTI CONSTRUCCIONES: Claims Verification Ends on April 23
QUIKSILVER INC: CEO Robert McKnight Resumes Role as President
QUIKSILVER INC: S&P's BB- Rating Unmoved by Planned Asset Sale
SCO GROUP: Secures US$100 Mil. to Finance Plan of Reorganization
WENDY'S INT'L: S&P Ratings Unaffected by Bid for More Seats
B A H A M A S
KNOLL INC: Names Lynn Utter as North America Unit's President
B E R M U D A
ANNUITY & LIFE: Conn. Insurance Department Okays Subsidiary Sale
INTELSAT LTD: Fitch Cuts & Withdraws Ratings
MAGELLAN INSURANCE: Final Shareholders' Meeting Set March 11
SENSU LTD: Court Appoints Liquidators for Firm's Wind-Up Process
WALTON INSURANCE: First Contributories' Meeting Set February 27
B O L I V I A
* BOLIVIA: To Limit Natural Gas Supply for Brazil, FT Says
* BOLIVIA: U.S. House Panel Extends Trade Preference
B R A Z I L
ASPEN TECH: To Be Delisted From Nasdaq Effective Tomorrow
BRASIL TELECOM: Will Get 3G Infrastructure From Ericsson & ZTE
BRASIL TELECOM: Sues Opportunity Over Equity Investment in Unit
BRASKEM SA: Says 4th Quarter Results Weaker Than Third Quarter
COSAN SA: Completes Acquisition of Usina BenAlcool S.A.
FIAT SPA: Joint Venture With Credit Agricole Earns EUR119 Mln.
PROPEX INC: Committee Selects Baker Donelson as Counsel
PROPEX INC: Asks Court to Set July 7 as Claims Bar Date
SITEL WORLDWIDE: Weak Liquidity Cues Moody's Negative Outlook
STRATOS GLOBAL: Earns US$20 Million in Year Ended Dec. 31, 2007
TAM SA: Reports 67% International Market Share in January
TAM SA: Will Combine Frequent Flyer Programs With Lufthansa
UNIAO DE BANCOS: Board Approves New Stock Repurchase Program
UNIAO DE BANCOS: Earns BRL715 Million in 4th Quarter 2007
VALMONT INDUSTRIES: Earns US$94.7 Million in Fiscal Year 2007
WEIGHT WATCHERS: Earns US$201.2 Million in 2007
* BRAZIL: Energy Program to Create BRL2 Billion Annual Savings
* BRAZIL: Petrobras to Keep Gas Volume Imported From Bolivia
C A Y M A N I S L A N D S
DIAMOND REIT: Proofs of Claim Filing Is Until March 3
KUHN LIMITED: Proofs of Claim Filing Deadline Is March 4
NORODIN MARCO: Proofs of Claim Filing Deadline Is March 2
NORODIN MARCO RV: Proofs of Claim Filing Ends on March 2
TROPHOS INVESTMENTS: Proofs of Claim Filing Deadline Is March 4
C H I L E
AES GENER: Resumes US$350 Million Capital Increase
BOSTON SCIENTIFIC: Closes Sale of Two Units to Avista Capital
BUCYRUS INT'L: Declares US$0.05 Per Share Quarterly Dividend
BUCYRUS INT'L: Earns US$136.1 Million in 2007
ELECTRONIC DATA: Taps Palma as VP of Global Information Security
FIDELITY NAT'L: Earnings Up 20% to US$108.4MM in 4th Qtr. 2007
INGRAM MICRO: Moody's Rates New US$275-Mln Credit Facility Ba2
C O L O M B I A
GMAC LLC: Cerberus' Stephen Feinberg Warns of Difficulty Ahead
SOLUTIA INC: Challenges DuPont's US$1,394,718 Admin. Claim
SOLUTIA INC: Settles Bayer & Lanxess Claims' Treatment Dispute
* COLOMBIA: U.S. House Panel Extends Trade Preference
C O S T A R I C A
ORTHOFIX INT'L: Weak Cash Flow Prompts Moody's to Review Ratings
SIRVA INC: Wants to Employ Ernst & Young as Accountants
SIRVA INC: MLF Investments Discloses Ownership of Shares
SIRVA INC: Allowed to Continue Receivables Purchase Program
SIRVA INC: U.S. Trustee Objects to Hiring of Conflicts Counsel
SIRVA INC: Files Supplements to Chapter 11 Plan
D O M I N I C A N R E P U B L I C
* DOMINICAN REPUBLIC: Public Debt Increases by 15.9% to US$8.6B
E C U A D O R
* ECUADOR: U.S. House Panel Extends Trade Preference
E L S A L V A D O R
TARGUS GROUP: Improved Performance Cues Moody's Stable Outlook
G U A T E M A L A
AFFILIATED COMPUTER: No Default Occurred Under Debenture
AFFILIATED COMPUTER: To Buy SDS Biz From Waterland for US$67MM
H O N D U R A S
CHOICE HOTELS: Dec. 31 Balance Sheet Upside-Down by US$157 Mil.
M E X I C O
CALPINE CORP: New Stock Starts Trading the "Regular Way"
FOAMEX LP: Weak Profile Prompts S&P to Cut Credit Rating to B-
GRUPO MEXICO: Mexican Court Authorizes Miners' Protest
GRUPO MEXICO: Seeking to Regain Control of Asarco LLC
INTERNATIONAL RECTIFIER: Names O. Khaykin & R. Dahl as Directors
VISTEON CORP: Posts US$372 Million Net Loss in 2007
P A R A G U A Y
* PARAGUAY: Obtains US$1.1 Million Concessional Loan from IDB
P E R U
* PERU: U.S. House Panel Extends Trade Preference
P U E R T O R I C O
ADELPHIA COMMS: Former Headquarters Goes Back on Auction Block
ALLIED WASTE: Earns US$117.6MM from Operations in 4th Qtr. 2007
DEL LABS: Moody's Withdraws Ratings After Acquisition Completion
OWENS-ILLINOIS INC: Improved Cash Flow Cues S&P's Rating Upgrade
R&G FINANCIAL: U.S. SEC Okays Final Settlement on Financials
SEARS HOLDINGS: Diino to Provide Online Storage for Mexican Unit
SEARS HOLDINGS: Plans to Reduce Workers at Headquarters by 4%
S T L U C I A
AIR JAMAICA: Suspending Weekly Flights to St. Lucia on April 1
V E N E Z U E L A
CHRYSLER LLC: Court to Decide Fate of Tooling Dispute Tomorrow
CHRYSLER LLC: Partners With Health Alliance & Henry Ford
PETROLEOS DE VENEZUELA: Talks With ConcoPhillips Going Well
SHAW GROUP: Cash Flow Improvement Cues S&P's Positive Outlook
V I R G I N I S L A N D S
NBTY INC: Solid Performance Cues Moody's Positive Outlook
X X X X X X
* Beard Audio Bankruptcy Examiners & Identity Theft Conferences
* Fitch: Credit Crisis Will Still Affect Latin American Markets
* BOND PRICING: For the Week February 11 - February 15, 2008
- - - - -
===============================
A N T I G U A & B A R B U D A
===============================
DELTA AIR: Will Launch Non-Stop Flights To Antigua & Barbuda
------------------------------------------------------------
Delta Air Lines will launch a non-stop service to Antigua &
Barbuda on June 12 with the support of that nation's tourism
authorities, Antigua Sun reports.
According to Antigua Sun, British West Indies Airlines used to
operate a similar non-stop service until the airline was shut
down in 2006.
Delta Air Lines' non-stop service will coincide with the launch
of Antigua and Barbuda's first International Music Festival,
Romantic Rhythms, Antigua Sun states.
Based in Atlanta, Georgia, Delta Air Lines Inc. (NYSE:DAL) --
http://www.delta.com/-- is the world's second-largest airline
in terms of passengers carried and the leading U.S. carrier
across the Atlantic, offering daily flights to 328 destinations
in 56 countries on Delta, Song, Delta Shuttle, the Delta
Connection carriers and its worldwide partners. Delta flies to
Argentina, Australia and the United Kingdom, among others. The
company and 18 affiliates filed for chapter 11 protection on
Sept. 14, 2005 (Bankr. S.D.N.Y. Lead Case No. 05-17923).
Marshall S. Huebner, Esq., at Davis Polk & Wardwell, represents
the Debtors in their restructuring efforts. Timothy R. Coleman
at The Blackstone Group L.P. provides the Debtors with financial
advice. Daniel H. Golden, Esq., and Lisa G. Beckerman, Esq., at
Akin Gump Strauss Hauer & Feld LLP, provide the Official
Committee of Unsecured Creditors with legal advice. John
McKenna, Jr., at Houlihan Lokey Howard & Zukin Capital and James
S. Feltman at Mesirow Financial Consulting, LLC, serve as the
Committee's financial advisors.
The Debtors filed a chapter 11 plan of reorganization and
disclosure statement explaining that plan on Dec. 19, 2007. On
Jan. 19, 2007, they filed revisions to the plan and disclosure
statement, and submitted further revisions to the plan on
Feb. 2, 2007. On Feb. 7, 2007, the Court approved the Debtors'
disclosure statement. In April 25, 2007, the Court confirmed
the Debtors' plan. That plan became effective on April 30,
2007. The Court entered a final decree closing 17 cases on
Sept. 26, 2007.
As of Sept. 30, 2007, the company's balance sheet showed total
assets of US$32.7 billion and total liabilities of
US$23 billion, resulting in a US$9.7 billion stockholders'
equity. At Dec. 31, 2006, deficit was US$13.5 billion.
(Delta Air Lines Bankruptcy News; Bankruptcy Creditors' Service,
Inc., http://bankrupt.com/newsstand/or 215/945-7000).
* * *
As reported in the Troubled Company Reporter on Jan. 17, 2008,
Standard and Poor's said that media reports that Delta Air Lines
Inc. (B/Positive/--) entered into merger talks with UAL Corp.
(B/Stable/--) and Northwest Airlines Corp. (B+/Stable/--) will
have no effect on the ratings or outlook on Delta, but that
confirmed merger negotiations would result in S&P's placing
ratings of Delta and other airlines involved on CreditWatch,
most likely with developing or negative implications.
=================
A R G E N T I N A
=================
AUTOPARTES Y SERVICIOS: Court Names Jose Eduardo Obes as Trustee
----------------------------------------------------------------
The National Commercial Court of First Instance No. 1 in Buenos
Aires has appointed Jose Eduardo Obes as trustee for Autopartes
y Servicios SRL's bankruptcy proceeding.
Mr. Obes will verify creditors' proofs of claim. He will
present the validated claims in court as individual reports.
The court 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 Autopartes y Servicios and
its creditors. Inadmissible claims may be subject to appeal in
a separate proceeding known as an appeal for reversal.
A general report that contains an audit of Autopartes y
Servicios' accounting and banking records will be submitted in
court.
Mr. Obes will also be in charge of administering Autopartes y
Servicios' assets under court supervision and will take part in
their disposal to the extent established by law.
Clerk No. 2 assists the court in this case.
The trustee can be reached at:
Jose Eduardo Obes
Lavalle 1619
Buenos Aires, Argentina
DANA CORP: NewCo Registers Post-Bankruptcy Common Stock
-------------------------------------------------------
After their Jan. 31, 2008, emergence from Chapter 11, Dana
Corporation, now named Dana Holding Corporation, registered a
new set of common and preferred stock with the U.S. Securities
and Exchange Commission.
Pursuant to Dana's Third Amended Joint Plan of Reorganization,
the reorganized company would issue 500,000,000 shares of
capital stock, consisting of 450,000,000 shares of common stock
and 50,000,000 shares of preferred stock.
Of the Preferred Stock, 2,500,000 shares would be designated as
Series A Preferred Stock, and 5,400,000 shares would be
designated as Series B Preferred Stock.
Common Stock
Holders of Common Stock would be entitled to dividends declared
from time to time by the board of directors out of legally
available funds. Each holder of common stock is entitled to one
vote for each share except for the election of directors, which
is to be elected by the holders of Series A Preferred Stock.
Holders of common stock are not entitled to cumulative voting
rights.
Marc Levin, acting general counsel and secretary for Dana
Holding, says that in the event of the company's liquidation,
dissolution or winding up, holders of common stock would be
entitled to share equally and ratably in any assets remaining
after the payment of all debt and liabilities, subject to the
prior rights of holders of any outstanding preferred stock.
Preferred Stock
Dana Holding would issue $250,000,000 in aggregate liquidation
preference of the Series A Preferred Stock to a private equity
firm, in consideration for the equity firm's investment to Dana
Holding. The company would also issue $540,000,000 in aggregate
liquidation preference of the Series B Preferred Stock to
certain qualified investors in consideration for their
investment to Dana Holding.
The price at which each share of Preferred Stock would be
convertible into Common Stock would be 83% of its distributable
market equity value per share. If, as result of that
determination:
(i) the holders of the Preferred Stock would own, on an as-
converted, fully diluted basis, less than 32.0% of Dana
Holdings' issued shares of Common Stock plus the number of
shares of Common Stock that would be issued upon
conversion of the Preferred Stock, necessary adjustments
would be made so holders of Preferred Stock would own
32.0% of the Fully Diluted Shares; or
(ii) the holders of the Preferred Stock would own, on an as-
converted, fully diluted basis, more than 36.3% of the
Fully Diluted Shares, necessary adjustments would be made
so holders of Preferred Stock would own 36.3% of the Fully
Diluted Shares.
Referred percentages are subject to adjustment to the extent
that Dana Holding's net debt plus the value of its minority
interests as of the Effective Date is an amount other than
US$525,000,000.
Shares of Series A Preferred Stock having an aggregate
liquidation preference of not more than $125,000,000 and the
Series B Preferred Stock would be convertible at any time at the
option of the applicable holder after the six-month anniversary
of the Effective Date.
In the event that the per share closing sales price of the
Common Stock exceeds 140% of the distributable market equity
value per share for at least 20 consecutive trading days
beginning on or after Jan. 31, 2013, Dana Holding would be able
to cause the conversion of all of the Preferred Stock.
The price at which the Preferred Stock is convertible would be
subject to adjustment as a result of stock splits and
combinations, dividends and distributions and certain issuances
of common stock or common stock derivatives.
The Preferred Stock would be entitled to dividends at an annual
rate of 4%, payable quarterly in cash. The shares would have
equal voting rights and would vote together as a single class
with the Common Stock on an as-converted basis, except that the
Series A Preferred Stock would be entitled to vote as a separate
class to elect three directors.
At the first annual meeting of stockholders after the Effective
Date, and as the initial holder of the Series A Preferred Stock
owns at least US$125,000,000 of the Series A Preferred Stock,
Dana
Holding's board of directors would be composed of nine members,
as follows:
(i) three directors designated by initial holder of the Series
A Preferred Stock and elected by holders of the Series A
Preferred Stock,
(ii) one independent director nominated by a special purpose
nominating committee composed of two designees of the
initial holder of the Series A Preferred Stock and one
other board member, and
(iii) five directors nominated by Dana Holding's board. With
the exception of the three directors elected by holders of
the Series A Preferred Stock, the remaining directors
would be elected by holders of Common Stock and any other
class of capital stock.
Holders of Preferred Stock would also have the right to elect
two directors in the event that six quarterly dividends on the
Preferred Stock are accrued but unpaid.
Additional Preferred Stock
Dana's Restated Certificate of Incorporation authorizes the
issuance of 50,000,000 shares of preferred stock. The Board is
authorized to provide for the issuance of shares of preferred
stock, in one or more series, and to fix for each series voting
rights.
The Board is authorized to issue shares of preferred stock and
determine its rights and preferences for the purpose of
eliminating delays associated with a stockholder vote on
specific issuances. "The issuance of preferred stock, while
providing flexibility in connection with possible acquisitions,
future financings and other corporate purposes, may discourages
or would make it more difficult for a third party to acquire a
majority of the outstanding voting stock of Dana Holding." he
concludes.
Mr. Levin, informs that the shares of preferred stock may also
be reissued by Dana Holding following redemption of their shares
or conversion of the holder's shares, as applicable.
Certain Anti-Takeover Effects
Certain provisions of the Restated Certificate of Incorporation
and Bylaws of Dana Holding, as well as the General Corporation
Law of the State of Delaware, may have the effect of delaying,
deferring or preventing a change in control of Dana Holding,
including those regulating the nomination of directors, limiting
who may call special stockholders' meetings and eliminating
stockholder action by written consent, together with the terms
of the Preferred Stock, may make it more difficult for other
persons, without the approval of Dana Holding's board of
directors to acquire substantial amounts of Common Stock or
other attempts for the stockholders' best interest.
About Dana
Based in Toledo, Ohio, Dana Corporation -- http://www.dana.com/
-- designs and manufactures products for every major vehicle
producer in the world, and supplies drivetrain, chassis,
structural, and engine technologies to those companies. Dana
employs 46,000 people in 28 countries. Dana is focused on being
an essential partner to automotive, commercial, and off-highway
vehicle customers, which collectively produce more than 60
million vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin-American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on March 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Nov. 30, 2007, the Debtors listed US$7,131,000,000 in total
assets and US$7,665,000,000 in total debts resulting in a total
shareholders' deficit of US$534,000,000.
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, represented the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, served as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
served as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represented the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP served as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC served 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.
Judge Burton Lifland of the U.S. Bankruptcy Court for the
Southern District of New York entered an order confirming the
Third Amended Joint Plan of Reorganization of the Debtors on
Dec. 26, 2007.
The Debtors' Third Amended Joint Plan of Reorganization was
deemed effective as of Jan. 31, 2008. Dana Corp., starting on
the Plan Effective Date, operated as Dana Holding Corporation.
(Dana Corporation Bankruptcy News, Issue No. 70; Bankruptcy
Creditors' Service Inc., http://bankrupt.com/newsstand/or
215/945-7000)
DANA CORP: US$1.35 Billion Term Loan Trades on Secondary Market
---------------------------------------------------------------
The US$1.35 billion term loan portion of Dana Holding Corp.'s
US$2 billion exit financing facility began trading on the
secondary market Feb. 7, with the price quoted at 90/91, William
Rochelle at Bloomberg News reports, citing Standard & Poor's.
As reported in the Troubled Company Reporter on Feb. 12, 2008,
Standard & Poor's Ratings Services assigned its 'BB-' corporate
credit rating to Dana Holding following the company's emergence
from Chapter 11 bankruptcy protection on Feb. 1, 2008. The
outlook is negative. "The ratings are based on the exit
financing, capital structure, and other terms and conditions
under Dana's plan of reorganization filed with the bankruptcy
court, which has now been consummated," said Standard & Poor's
credit analyst Nancy Messer.
At the same time, Standard & Poor's assigned Dana's $650 million
asset-based loan revolving credit facility due 2013 a 'BB+'
rating -- two notches higher than the corporate credit rating --
with a recovery rating of '1', indicating an expectation of very
high -- 90% to 100% -- recovery in the event of a payment
default. The loan was priced at the London Interbank Offered
Rate plus 375 basis points, Mr. Rochelle notes.
S&P also assigned a 'BB' bank loan rating to Dana's $1.43
billion senior secured term loan -- one notch above the
corporate credit rating -- with a recovery rating of '2',
indicating an expectation of average -- 70% to 90% -- recovery.
The bank loan ratings assume that any remaining conditions that
predate the bank facility are satisfied or waived.
Dana had US$1.6 billion of balance sheet debt outstanding at
emergence from bankruptcy. The capital structure also includes
US$792 million of 4% cash-pay convertible preferred stock, held
by Centerbridge Partners L.P. and certain prior creditors, which
Standard & Poor's views as equity.
The ratings reflect Dana's weak business profile and aggressive
financial profile, S&P explained. S&P said it could lower the
ratings over the next year if Dana fails to generate free cash
flow, whether because of slower restructuring efforts, more
adverse market conditions, or failure to install a strong
executive leadership team. In addition, S&P could lower the
ratings if Dana's strategic or financial policies take a more
aggressive turn under the new board of directors and executive
management team. Any of these occurrences could inhibit Dana's
free cash flow and the potential for reduced leverage in the
near term. S&P could revise the outlook to stable if market
conditions stabilize and Dana is able to modestly expand sales
and EBITDA in the next few years, and if restructuring
activities produce improved and sustainable adjusted EBITDA
margin in 2008 and 2009 at 10% or better. The assignment of a
stable outlook would also require S&P's confidence that the
financial policy and business strategy of Dana's new owners
would remain consistent with the current rating and that the
company would resolve prior accounting issues. S&P would also
need to see evidence, through the achievement of profitable new
business wins, that the company is establishing itself as a
credible long-term global competitor in its markets.
About Dana
Based in Toledo, Ohio, Dana Corporation -- http://www.dana.com/
-- designs and manufactures products for every major vehicle
producer in the world, and supplies drivetrain, chassis,
structural, and engine technologies to those companies. Dana
employs 46,000 people in 28 countries. Dana is focused on being
an essential partner to automotive, commercial, and off-highway
vehicle customers, which collectively produce more than 60
million vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin-American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on March 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Nov. 30, 2007, the Debtors listed US$7,131,000,000 in total
assets and US$7,665,000,000 in total debts resulting in a total
shareholders' deficit of US$534,000,000.
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, represented the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, served as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
served as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represented the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP served as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC served 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.
Judge Burton Lifland of the U.S. Bankruptcy Court for the
Southern District of New York entered an order confirming the
Third Amended Joint Plan of Reorganization of the Debtors on
Dec. 26, 2007.
The Debtors' Third Amended Joint Plan of Reorganization was
deemed effective as of Jan. 31, 2008. Dana Corp., starting on
the Plan Effective Date, operated as Dana Holding Corporation.
(Dana Corporation Bankruptcy News; Bankruptcy Creditors' Service
Inc., http://bankrupt.com/newsstand/or 215/945-7000)
FORD MOTOR: Fitch Amends Ratings on Ford Credit Australia Ltd.
--------------------------------------------------------------
Fitch Ratings has affirmed the Issuer Default Ratings of Ford
Motor Company and Ford Motor Credit Company at 'B', and
maintained the Rating Outlook at Negative. Ford continues to
make steady progress on its restructuring actions, but continued
weakness in the North American auto market, combined with
industry cost, pricing and supplier pressures continue to limit
the impact of structural cost improvements on the bottom line.
International operations have shown steady improvement,
benefiting the company's consolidated credit profile. Liquidity
remains healthy, and sufficient to weather a significant
downturn in 2008 United States industry sales, but will decline
through at least 2008. Cash outflows in 2008 will be material
as a result of operating losses in North America, restructuring
costs, and higher net interest expense. The funding of the
United Auto Workers VEBA will also impact liquidity in 2008,
although the benefits from healthcare savings will not be
realized until 2010. The Negative Rating Outlook is expected to
remain in place until a firmer path to positive free cash flow
is established.
In North America, revenues will remain under pressure,
particularly in the first half, due to economic conditions,
the impact of the housing market on pickup sales, projected
lower fleet sales and the trend to lower-priced, fuel-efficient
vehicles. The new UAW contract has provided the OEMs with
greater flexibility to cut production and manage inventories in
response to weaker market demand -- a factor that will also
result in increased production cyclicality going forward.
Ford has made material improvement in its cost structure,
although higher product and commodity costs have limited
the impact on the bottom line. Ford's earlier buyout program
extended through the third quarter of 2007, indicating that the
full realization of these cost savings will continue to flow
through reported results over the next several quarters.
Together with Ford's new buyout program, for all North American
UAW workers, that is weighted to the first quarter of 2008 and
the gradual growth in Tier-2 wage employees, Ford is positioned
to show demonstrable fixed cost savings through 2008. Although
commodity costs are not expected to wane, the rate of growth
should slow substantially, allowing structural cost savings to
become more evident. Continued improvement in material,
engineering and other product costs should augment margin
improvement projected from labor savings. North American
hourly workers could be reduced by more than 40% over the period
from yearend 2005-2009, with incremental wage and benefit
savings realized from the implementation of Tier-2 wages. The
reduction in personnel at the former Visteon assets, the
outsourcing of certain non-production functions and the
conversion of several plants to 100% Tier 2 wage levels will
also benefit Ford's cost structure. Tier 2 wage levels
incorporate meaningful reductions in long-term benefit accruals
through the lack of retiree health care and enrollment in
defined contribution pension plans.
Ford also faces the expiration of the Canadian Auto Workers
contract in September 2008. Given the terms of the recent UAW
agreement, the Detroit Three will certainly be targeting
additional wage, benefit and other cost-saving opportunities in
Canada. The Detroit Three may be seeking different goals under
a new contract, and talks may not be as smooth as the recent UAW
talks.
Ford showed healthy revenue growth in the third and fourth
quarters of 2007, aided by easy comparisons with 2006 and
support from a number of vehicle models: Fusion, Edge and
Escape. Ford's focus on managing production and inventory
levels has benefited results through progress on pricing and
residual values. Overall results were severely impacted by a
13% reduction in high-margin pickup sales.
Although Ford has shown decent balance across segments, the
company's product portfolio remains misaligned with market
trends that favor smaller, more fuel-efficient vehicles. The
transition to a more market-weighted product portfolio, along
with the efficiencies of fewer platforms and higher number of
products per platform, will not be achieved through 2010.
Although Ford's cost reduction programs are in line with
expectations, achievement of viable long-term operating margins
will require market share stability and eventual growth in
revenues. Achievement of these margin levels is not expected
through 2010. Ford has also made clear strides in quality,
which should benefit the company's market acceptance and pricing
if the trend is maintained. The company's Sync dashboard
technology developed with Microsoft, has also benefited the
company in terms of progressive technology.
Ford's international operations continue to show healthy
improvement. European operations have shown modest share
gains, improved pricing and growing profitability, resulting
from structural cost improvements and well-received product
introductions. Latin America has shown very strong
profitability, which is expected to continue although perhaps
not at the heights achieved in 2007. Further growth is also
expected in developing markets including China and Russia. In
total, Ford's international operations have transitioned from a
key risk factor several years ago into a moderate positive for
the company's credit position.
While FMCC has been profitable, Fitch believes that operating
performance will remain under pressure due to lower contract
volume and asset quality deterioration which is affecting all
auto lenders. Slower portfolio growth will tend to inflate
credit metrics further. Fitch also believes that FMCC access to
liquidity via the securitization markets will come at a higher
cost as the continual credit market dislocation widens.
A downgrade could result if Ford experiences:
-- A material problem with the launch of the new F-150.
-- A decline in U.S. industry sales below 14.5 million units
(light vehicle sales) combined with lack of projected fixed
cost reductions that result in a material deferral of the
anticipated timeline to positive free cash flow.
-- A significant decline in the U.S. market combined with a
reversal of operating profits across Ford's international
operations.
A downgrade could also result if Ford Credit experiences
restricted access to the securitization market.
A return to a Stable Rating Outlook would be anticipated in the
event that a clear path to positive free cash flow is
established. This scenario would include continued stability in
the company's retail market share, a solid F-150 launch,
realization of expected fixed cost reductions in North America,
stability or continued growth in the company's international
operations and maintenance of healthy liquidity. A projected
return to positive cash flow will likely require stabilization
of the housing market, due to the impact of pickup sales on
Ford's operating results.
Ford will continue to face increased cost and potential supply
disruptions from its stressed supply chains. Although most
Tier-1 suppliers have ample liquidity during 2008 due to timely
accessing of the leveraged loan market, lower-tier suppliers are
more exposed to projected production declines at the Detroit
Three, pricing and commodity cost pressures, and lack of access
to capital. The higher risk of production disruptions or
supplier liquidations will cause the OEM's and Tier-1 suppliers
to incur additional costs in order to address particular
situations.
Ford's liquidity has been boosted by substantial debt issuance
over the past eighteen months. Total automotive debt, including
US$6.3 billion of new debt associated with the UAW VEBA
agreement, is approximately US$33 billion (following a US$2.6
billion reduction in debt through two equity-for-debt
transactions). Total debt is now roughly US$20 billion more
than at yearend 2002. Net interest expense, augmented by the
expected decline in cash holdings and the associated decline in
interest income, will continue to represent a more material
claim on consolidated cash flows than in the past. Fitch
expects that even in a relatively harsh downturn in 2008,
liquidity would remain well above the level needed to finance
Ford's operations and its restructuring requirements.
Ford has a light maturity schedule over the next three years,
and is unlikely to require external capital, although Ford may
seek opportunities to further boost liquidity if the markets
become receptive. The company may also continue to seek
opportunities to exchange equity for debt. The company retains
access to US$11.5 billion in credit lines, which contain no
financial tests. Access is subject to a borrowing base, which
would be expected to reduce availability in the event of further
deterioration in operating results. Recovery ratings remain in
the same range, as a decrease in healthcare liabilities has been
offset by an increase in debt. Fixed cost reductions that were
anticipated to be realized in a bankruptcy scenario have been
partially achieved through the new UAW contract. Recoveries
from international operations have also increased.
Fitch has affirmed these ratings with a Negative Rating Outlook:
Ford Motor Co.
-- Long-term IDR at 'B';
-- Senior secured credit facility at 'BB/RR1';
-- Senior secured term loan at 'BB/RR1';
-- Senior unsecured at 'B-/RR5'.
Ford Motor Co. Capital Trust II
-- Trust preferred stock at 'CCC+/RR6'.
Ford Holdings, Inc.
-- Long-term IDR at 'B';
-- Senior unsecured at 'B-/RR5'.
Ford Motor Co. of Australia
-- Long-term IDR at 'B';
-- Senior unsecured at 'B-/RR5'.
Ford Motor Credit Co.
-- Long-term IDR at 'B';
-- Short-term IDR at 'B';
-- Senior unsecured at 'BB-/RR2';
-- Commercial paper at 'B'.
FCE Bank Plc
-- Long-term IDR at 'B';
-- Senior unsecured at 'BB-/RR2';
-- Short-term IDR at 'B';
-- Commercial paper at 'B';
-- Short-term deposits at 'B'.
Ford Capital B.V.
-- Long-term IDR at 'B';
-- Senior unsecured at 'BB-/RR2'.
Ford Credit Canada Ltd.
-- Long-term IDR at 'B'.
-- Short-term IDR at 'B';
-- Commercial paper at 'B';
-- Senior unsecured at 'BB-/RR2'.
Ford Credit Australia Ltd.
-- Long-term IDR at 'B';
-- Short-term IDR at 'B';
-- Commercial paper at 'B'.
PRIMUS Financial Services (Japan)
-- Long-term IDR at 'B';
-- Short-term IDR at 'B'.
Ford Credit de Mexico, S.A. de C.V.
-- Long-term IDR at 'B';
-- Senior unsecured at 'BBB+'.
Ford Credit Co S.A. de CV
-- Long-term IDR at 'B'.
-- Senior unsecured at 'BB-/RR2'.
Ford Motor Credit Co. of New Zealand
-- Long-term IDR at 'B';
-- Senior unsecured at 'BB-/RR2';
-- Short-term IDR at 'B';
-- Commercial paper at 'B'.
Ford Motor Credit Co. of Puerto Rico, Inc.
-- Short-term IDR at 'B'.
About Ford Motor
Based in Dearborn, Michigan, Ford Motor Co. (NYSE: F) --
http://www.ford.com/-- manufactures or distributes
automobiles in 200 markets across six continents. With about
260,000 employees and about 100 plants worldwide, the company's
core and affiliated automotive brands include Ford, Jaguar, Land
Rover, Lincoln, Mercury, Volvo, Aston Martin, and Mazda. The
company provides financial services through Ford Motor Credit
Company.
The company has operations in Japan in the Asia Pacific region.
In Europe, the company maintains a presence in Sweden, and the
United Kingdom. The company also distributes its brands in
various Latin American regions, including Argentina, Brazil and
Mexico.
MALFATTI CONSTRUCCIONES: Claims Verification Ends on April 23
-------------------------------------------------------------
Francisco Costa, the court-appointed trustee for Malfatti
Construcciones' bankruptcy proceeding, will verify creditors'
proofs of claim until April 23, 2008.
Mr. Costa will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance No. 11 in Buenos Aires, with the assistance of Clerk
No. 21, 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 Malfatti Construcciones
and its creditors. Inadmissible claims may be subject to appeal
in a separate proceeding known as an appeal for reversal.
A general report that contains an audit of Malfatti
Construcciones' accounting and banking records will be submitted
in court.
Mr. Costa is also in charge of administering Malfatti
Construcciones' assets under court supervision and will take
part in their disposal to the extent established by law.
The trustee can be reached at:
Malfatti Construcciones SRL
Rio Piedras 1717
Buenos Aires, Argentina
QUIKSILVER INC: CEO Robert McKnight Resumes Role as President
-------------------------------------------------------------
Quiksilver Inc. disclosed that Robert McKnight resumed his role
as president and remains both chairman of the board and chief
executive officer. Mr. McKnight will again direct the company's
operational initiatives.
The company also said that Bernard Mariette has resigned from
his position as president and as a director of the company in
order to pursue other interests, which may include attempting to
acquire the Rossignol group. As previously announced, J.P.
Morgan is conducting a process on behalf of the company to
reduce its exposure to the winter sports equipment business,
including a possible sale.
"Bernard Mariette has, for fifteen years, been invaluable to the
growth and success of this company," Robert B. McKnight, Jr.,
chairman of the board, president, and chief executive officer of
Quiksilver, Inc., commented. "He took Quiksilver Europe from
its development stage in 1994 and grew it to a EUR250 million
business by 2001 when he became president of the entire
company."
"Since 2001 Quiksilver has almost quadrupled in size and, under
Bernard's leadership, has established an infrastructure to
globalize Quiksilver's historically regional businesses and
cemented its position as a leading global lifestyle company,"
Mr. Mcknight added. "[Mr. Mariett] will be truly missed and we
wish him the best in the many accomplishments that lie ahead for
him."
"Our business objectives today are clear," Mr. McKnight
continued. "We will focus our attention on our Quiksilver, Roxy
and DC businesses, both to continue their healthy growth and to
improve their operating results."
"At the same time, we will seek to further reduce our exposure
to the winter sports equipment businesses we acquired in 2005,
including pursuing a sale of the businesses and we will work to
improve our balance sheet," Mr. McKnight stated. "As we move
forward, our entire organization is deeply committed to
executing this plan."
"We have many strengths, including tremendous untapped growth
opportunities in our core apparel and footwear brands," Mr.
McKnight further commented. "Our great brands, our global
operating platform and our leadership position in this
fragmented market are all among them."
"The two most important sources of strength, however, are a
deeply ingrained and powerful corporate culture and a tremendous
management team," Mr. McKnight went on to say. "I am confident
that each of these will serve us, as they always have, as a
deciding factor in our success."
The company noted that Mr. McKnight will have three corporate
officers and three regional presidents reporting directly to him
under the company's new management structure. Charlie Exon, who
serves as a director and the company's general counsel will also
assume the title of chief administrative officer, recognizing
his broader role in the areas of global communications and human
resources. David Morgan, chief operating officer, will continue
in his role, including overseeing the company's global sourcing
initiative and also serving as president of the company's
Rossignol subsidiary through a transition period. Joe Scirocco,
the company's chief financial officer, will continue to oversee
global finance initiatives and also report directly to Mr.
McKnight.
Mr. McKnight's three remaining direct reports will be
responsible for overseeing the company's regional businesses,
which operate the core brands of Quiksilver, Roxy and DC. Marty
Samuels will continue to lead Quiksilver Americas as its
president from headquarters in Huntington Beach, California.
Pierre Agnes will continue to serve as president of Quiksilver
Europe, based in St. Jean de Luz, France. Craig Stevenson, who
currently serves as global brand leader for the Quiksilver
brand, will assume additional responsibilities as president of
Quiksilver South Asia/Pacific, based in Torquay, Australia. All
three executives are long term employees of the company.
Under the terms of his separation agreement, Mr. Mariette will
remain available for a period of one year to advise on
transitional issues involving all aspects of the company's
brands and operations other than those of the Rossignol Group.
"Over the last 15 years at Quiksilver, it has been my pleasure
and honor to work with great people and see amazing athletes
showcase their natural talents," Mr. Mariette commented. "Under
Bob McKnight's leadership, we've been able to develop the best
outdoor brands in the world."
"I'm confident that Quiksilver is well positioned for future
success with its leadership, its lifestyle focus, and its
brands," Mr. Mariette continued. "While I will miss Bob and my
colleagues, I know that they will enjoy fantastic success in the
future."
"I have great confidence in our team, in our plan, and in our
ability to fully capitalize on the many opportunities that exist
for us," Mr. McKnight concluded. "I am proud and excited to
lead this effort on behalf of our many partners, most
particularly our shareholders, who I thank for their loyalty,
input, patience and understanding."
About Quicksilver
Quiksilver, Inc. -- http://www.quiksilver.com/-- is a globally
diversified company that designs, produces and distributes
branded apparel, wintersports equipment, footwear, accessories
and related products. Its products are sold in over 90 countries
in a range of distribution channels, including surf shops, ski
shops, skateboard shops, snowboard shops, its Boardriders Club
shops, other specialty stores and select department stores. The
Company has three operating segments, the Americas, Europe and
Asia/Pacific. The Americas segment includes revenues primarily
from the United States and Canada. The European segment includes
revenues primarily from Western Europe. The Asia/Pacific
segment includes revenues primarily from Australia, Japan, New
Zealand and Indonesia. In October 2007, the Company entered into
an agreement to sell its golf equipment business. This
transaction was completed in December 2007. The company has
operations in Argentina.
Standard & Poor's Ratings Services assigned a BB- rating on
Quiksilver Inc.
QUIKSILVER INC: S&P's BB- Rating Unmoved by Planned Asset Sale
--------------------------------------------------------------
Standard & Poor's Ratings Services said its ratings and outlook
on apparel company Quiksilver Inc. (BB-/Negative/--) are
unaffected by the company's announcement that its president has
resigned and that it is exploring a potential sale of its ski
equipment business.
Robert McKnight, chairman, CEO, and founder of the company, will
assume the role of president. S&P expects the company's
operating strategies and financial policies to remain the same
following the change in management. The company also said that
it has retained J.P. Morgan to assist with reducing its exposure
to the hard good equipment business, including selling its Skis
Rossignol S.A. operations, which it acquired in 2005 for about
US$303 million. (This included a majority interest in Cleveland
Golf, which was sold in December 2007). If a sale is
consummated, S&P expects most of the proceeds would be used to
repay debt; S&P estimates leverage would improve toward the
4.3x-4.5x area postdivestiture. For the fiscal year ended
Oct. 31, 2007, leverage (as measured by total debt to EBITDA)
was high at 5.2x; yet adjusted for the December 2007 sale of
Cleveland Golf, this ratio declines to about 4.7x.
S&P believes that a sale of the ski equipment business will
allow management to focus on its legacy apparel brands
(Quiksilver, Roxy, and DC Shoes). The Rossignol business is
capital intensive and provided a drag on operating results
because of an extremely poor winter season and weakening
economic trends. While S&P views the potential sale and debt
reduction as positive factors, the impact of a softening retail
environment on the company's apparel business remains a concern.
S&P will review the current negative outlook once a transaction
is announced. A more favorable revision would be dependent on
the actual proceeds and debt reduction, as well as the operating
performance of Quiksilver's apparel business.
Quiksilver, Inc. -- http://www.quiksilver.com/-- is a globally
diversified company that designs, produces and distributes
branded apparel, wintersports equipment, footwear, accessories
and related products. Its products are sold in over 90 countries
in a range of distribution channels, including surf shops, ski
shops, skateboard shops, snowboard shops, its Boardriders Club
shops, other specialty stores and select department stores. The
Company has three operating segments, the Americas, Europe and
Asia/Pacific. The Americas segment includes revenues primarily
from the United States and Canada. The European segment includes
revenues primarily from Western Europe. The Asia/Pacific
segment includes revenues primarily from Australia, Japan, New
Zealand and Indonesia. In October 2007, the Company entered into
an agreement to sell its golf equipment business. This
transaction was completed in December 2007. The company has
operations in Argentina.
SCO GROUP: Secures US$100 Mil. to Finance Plan of Reorganization
----------------------------------------------------------------
Stephen Norris Capital Partners and its partners from the Middle
East have agreed to provide up to $100 million to finance a plan
of reorganization for The SCO Group Inc.
As part of the financing, SNCP will take a controlling interest
in the company, while taking it private. As a result, SCO is
poised to emerge from Chapter 11 of the United States Bankruptcy
Code in the coming year. The board of directors of SCO has
unanimously determined that this financing and plan of
reorganization is in the best long-term interest of SCO and its
subsidiaries, well as its customers, shareholders, creditors and
employees.
"Not only will this deal position us to emerge from Chapter 11,
but it also marks an exciting future for our business," said
Jeff Hunsaker, president and chief operating officer of SCO
Operations. "This significant financial backing is positive news
for SCO's customers, partners and resellers who continue to
request upgrades and rely upon SCO's UNIX services to drive
their business forward."
SNCP has developed a business plan for SCO that includes
unveiling new product lines aimed at global customers. This
reorganization plan will also enable the company to see SCO's
legal claims through to their full conclusion.
"We saw a tremendous investment opportunity in SCO and its vast
range of products and services, including many new innovations
ready or soon to be ready to be released into the marketplace,"
Stephen Norris, managing partner for SNCP, said. "We expect to
quickly develop these opportunities, and to stand behind SCO's
existing base of customers and partners."
About Stephen Norris Partners
Stephen Norris & Co. Capital Partners, L.P. is a private equity
investment partnership formed to (i)"co-invest" alongside well
established and successful private equity and leveraged buyout
firms, (ii) take advantage of the business experience and
relationships of its Investment Committee, including Steve
Norris' long-standing relationships and substantial private
equity experience.
About SCO Group
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.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 4, 2008, Tanner LC in Salt Lake City, Utah, expressed
substantial doubt about The SCO Group Inc.'s ability to continue
as a going concern after auditing the company's financial
statements for the year ended Oct. 31, 2007. The auditing firm
reported that the company is a debtor-in-possession under
Chapter 11 of the U.S. Bankruptcy Code, has experienced
significant and continuing net losses, and is faced with
substantial contingent liabilities as a result of certain
adverse legal rulings.
WENDY'S INT'L: S&P Ratings Unaffected by Bid for More Seats
-----------------------------------------------------------
Standard & Poor's Ratings Services disclosed that Trian
Partners' announcement that it will try to increase its
board representation has no immediate impact on Wendy's
International Inc.'s (BB-/Watch Neg/--) ratings profile.
On Feb. 11, Trian Partners, a 9.8% holder of the Wendy's shares,
gave notice that it would seek shareholder approval to expand
the size of the board from 13 to 15 members by increasing the
number of nominees at this year's annual meeting from four to
six directors. If these proposals are successful, Trian
Partners would gain a majority on the board, given the three
board members already in place.
Wendy's financial policies have become significantly more
aggressive since Highfield Capital Management, Sandell Asset
Management Corp., and Trian Fund Management L.P. acquired large
holdings in the company. In the past 18 months, the company has
sold real estate, spun off Tim Hortons to its shareholders, and
undertaken significant share repurchases.
By attempting to persuade Wendy's shareholders to vote for
Trian's nominees, Triarc Cos. Chairperson Nelson Peltz,
could be signaling that Triarc is no longer interested in
acquiring the company's since it would not need more board
seats to exercise control. While the ostensible reason for the
Trian initiative is to ensure compliance with a Feb. 11 filing
deadline, Trian's move, if successful, may also have the effect
of removing Wendy's Chief Executive Officer Kerrii Anderson,
from the board since she faces reelection at this year's annual
meeting.
These developments reinforce S&P's view that ratings on Wendy's
should remain on CreditWatch with Negative implications, where
they were placed on April 26, 2007, following the announcement
that a Special Committee of its Board of Directors would
undertake a strategic review including a possible sale of the
company. It is likely that Trian's efforts to gain control will
hasten the Special Committee decision for consideration by the
board. On Jan. 28, 2008, the company announced that the Special
Committee was in the final stages of its review. When the
company makes public its future plans, S&P will assess the
appropriateness of the current 'BB-' rating. S&P could lower
ratings if the company undertakes actions that deteriorate cash
flow protection measures or disadvantage bondholders.
Based in Dublin, Ohio, Wendy's International Inc. (NYSE: WEN) --
http://www.wendysintl.com/-- is one of the world's largest and
most successful restaurant operating and franchising companies,
with more than 6,300 Wendy's Old Fashioned Hamburgers
restaurants in North America and more than 300 international
Wendy's restaurants. It has restaurants in the United States,
Canada, Mexico, Argentina, among others.
=============
B A H A M A S
=============
KNOLL INC: Names Lynn Utter as North America Unit's President
-------------------------------------------------------------
Knoll Inc. appointed Lynn M. Utter as Knoll North America's new
president and chief operating officer. Ms. Utter will
officially join the company on or about March 3, 2008, and will
report to the company's chief executive officer, Andrew B.
Cogan.
Preceding her appointment, Ms. Utter, age 45, served as the
chief strategy officer at Coors Brewing Company, a business unit
of Molson Coors Brewing Company. Ms. Utter also is currently a
Director of WESCO International Inc.
Ms. Utter replaces Kathleen G. Bradley, who will retire from her
position, effective May 23, 2008.
About Knoll
Headquartered in East Greenville, Pennsylvania, Knoll Inc.
(NYSE: KNL) -- http://www.knoll.com/-- designs and manufactures
branded office furniture products and textiles, serves clients
worldwide. It distributes its products through a network of
more than 300 dealerships and 100 showrooms and regional
offices. The company has locations in Argentina, Australia,
Bahamas, Cayman Islands, China, Colombia, Denmark, Finland,
Greece, Hong Kong, India, Indonesia, Japan, Korea, Malaysia,
Philippines, Poland, Portugal and Singapore, among others.
* * *
Standard & Poor's placed Knoll Inc.'s long-term foreign and
local issuer credit ratings at 'BB' in July 2006. The ratings
still hold to date with a stable outlook.
=============
B E R M U D A
=============
ANNUITY & LIFE: Conn. Insurance Department Okays Subsidiary Sale
----------------------------------------------------------------
Annuity and Life Re (Holdings), Ltd., disclosed that the
Connecticut Insurance Department has approved the sale of its
subsidiary, Annuity & Life Reassurance, America, Inc.
The company announced the sale Aug. 8, 2007. The consummation
of the transaction was subject to certain closing conditions,
including the receipt of the approval by the Connecticut
Department of Insurance. As a result of this approval, the
parties now expect the transaction to close no later than
April 1, 2008.
Annuity and Life Re (Holdings), Ltd. -- http://www.alre.bm/or
http://www.annuityandlifere.com/-- provides annuity and life
reinsurance to insurers through its wholly owned subsidiaries,
Annuity and Life Reassurance, Ltd., and Annuity and Life
Reassurance America, Inc.
Going Concern Doubt
Chartered Accountants of Hamilton, Bermuda, raised substantial
doubt about Annuity and Life Re (Holdings), Ltd.'s ability to
continue as a going concern after it audited the company's
annual report for 2004. The auditor pointed to the company's
significant losses from operations and experience of liquidity
demands.
INTELSAT LTD: Fitch Cuts & Withdraws Ratings
--------------------------------------------
Fitch Ratings has downgraded the Issuer Default Rating of
Intelsat, Ltd. to 'CCC' from 'B'. In addition, Fitch has
removed Intelsat from Rating Watch Negative, where the ratings
were placed on June 20, 2007. Fitch is also withdrawing all
existing ratings of Intelsat and its subsidiaries.
These ratings are downgraded and withdrawn:
Intelsat, Ltd.
-- Issuer Default Rating to 'CCC' from 'B';
-- Senior unsecured notes to 'CC/RR6' from 'CCC/RR6'.
Intelsat (Bermuda), Ltd. (debt transferred to Intelsat Jackson
Holdings)
-- IDR to 'CCC' from 'B';
-- Senior unsecured guaranteed notes to 'B-/RR2' from
'BB-/RR2';
-- Guaranteed Term Loan to 'B-/RR2' from 'BB-/RR2';
-- Senior unsecured non-guaranteed notes to 'CCC-/RR5' from
'CCC+/RR6'.
Intelsat Intermediate Holding Company, Ltd.
-- IDR to 'CCC' from 'B';
-- Senior unsecured discount notes to 'CCC-/RR5' from
'B-/'RR5'.
Intelsat Subsidiary Holding Company, Ltd.
-- IDR to 'CCC' from 'B';
-- Senior secured credit facilities to 'B/RR1' from 'BB/RR1';
-- Senior unsecured notes to 'B-/RR2' from 'BB-/RR2'.
Intelsat Corporation (fka PanAmSat Corporation)
-- IDR to 'CCC' from 'B';
-- Senior secured credit facilities to 'B/RR1' from 'BB/RR1';
-- Senior secured notes to 'B/RR1' from 'BB/RR1';
-- Senior unsecured notes to 'CCC+/RR3' from 'B/RR4'.
Fitch did not rate the US$4.96 billion acquisition debt,
represented by the senior bridge loan and PIK election
bridge loan, assigned to and assumed by Intelsat (Bermuda).
Fitch's action follows the acquisition by funds controlled by
private equity firm BC Partners and certain other investors in a
highly leveraged transaction. The transaction increased debt by
approximately US$3.7 billion, resulting in pro forma debt-to-
EBITDA of approximately 9.4 times based on the last 12 months
EBITDA as of Sept. 30, 2007.
Headquartered in Bermuda, Intelsat is the largest fixed
satellite service operator in the world and is owned by Apollo
Management, Apax Partners, Madison Dearborn, and Permira. The
company has a sales office in Brazil.
MAGELLAN INSURANCE: Final Shareholders' Meeting Set March 11
------------------------------------------------------------
Magellan Insurance Company Ltd. will hold its final
shareholders' meeting on March 11, 2008, at 9:30 a.m., at
Canon's Court, 22 Victoria 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.
Magellan Insurance's shareholder decided to place the company
into voluntary liquidation under Bermuda's Companies Act 1981.
SENSU LTD: Court Appoints Liquidators for Firm's Wind-Up Process
----------------------------------------------------------------
The Supreme Court of Bermuda has appointed Michael Morrison and
Charles Thresh as liquidators for Sensu Ltd.'s winding up.
The Bermuda Monetary Authority filed the wind-up petition on
behalf of Sensu with the Supreme Court on Nov. 13, 2007. The
Supreme Court of Bermuda heard Sensu's wind-up petition on
Dec. 14, 2007.
The liquidators can be reached at:
Michael Morrison and Charles Thresh
KPMG Advisory Ltd.
Crown House
4 Par-la-Ville Road
Hamilton, Bermuda
WALTON INSURANCE: First Contributories' Meeting Set February 27
---------------------------------------------------------------
The first meeting of Walton Insurance Ltd.'s contributories and
creditors will be held on Feb. 27, 2008, at KPMG Advisory
Limited, Crown House, 4 Par-la-Ville Road, in Hamilton, Bermuda.
The contributories' meeting will be at 10:00 a.m., while the
creditors will convene at 10:30 a.m.
Proxy forms to be used at the meeting have been mailed to all
known contributories and creditors and must be lodged with the
provisional liquidator at KPMG Advisory Limited by 5:00 p.m.,
Bermuda time, on Feb. 25, 2008.
=============
B O L I V I A
=============
* BOLIVIA: To Limit Natural Gas Supply for Brazil, FT Says
----------------------------------------------------------
Bolivia's natural gas exports to Brazil's Petrobras are likely
to be capped during the coming southern winter, The Financial
Times reports.
The country is expected to increase supplies to Enarsa,
its Argentine counterpart, FT says.
According to FT, as the winter approaches, demand from both
customers will surge and exceed Bolivia's production capacity.
Other than supplying about 6m cubic metres per day for its
domestic demand, Bolivia has contracts to supply up to 30m cubic
metres of gas per day to Petrobras and 7.7m to Enarsa, but
the country is only supplying about 27m cubic metres per day to
Petrobras and about 3m to Enarsa, FT relates.
* * *
As reported in the Troubled Company Reporter-Latin America on
Dec. 26, 2007, Standard & Poor's Ratings Services assigned B-
long-term sovereign local and foreign currency ratings and C
short-term sovereign local and foreign currency ratings on
Bolivia.
* BOLIVIA: U.S. House Panel Extends Trade Preference
----------------------------------------------------
Colombia, Peru, Ecuador and Bolivia can continue to send most
products to the U.S. duty-free after a committee of the U.S.
House of Representatives voted to extend expiring trade
preferences for these countries, Mark Drajem of Bloomberg News
reports.
According to Bloomberg, the preferences are scheduled to expire
at the end of the month, but was extended through the end of
2008. "This extension will help build on the successful Andean
trade preference program and further our efforts to promote
stronger economic ties between these countries and our nation,''
Representative Charles Rangel, the panel's chairman, was cited
by Bloomberg as saying.
* * *
As reported in the Troubled Company Reporter-Latin America on
Dec. 26, 2007, Standard & Poor's Ratings Services assigned B-
long-term sovereign local and foreign currency ratings and C
short-term sovereign local and foreign currency ratings on
Bolivia.
===========
B R A Z I L
===========
ASPEN TECH: To Be Delisted From Nasdaq Effective Tomorrow
---------------------------------------------------------
Aspen Technology Inc. said that the Nasdaq Listing
Qualifications Panel has determined to delist the Company's
securities and will suspend trading of the company's securities
on the Nasdaq stock market effective at the opening of trading
on Feb. 19, 2008.
The company may request that the Nasdaq Listing and Hearing
Review Council review the decision of the Panel. If the Listing
Council determines to review this decision, it may affirm,
modify, reverse, dismiss, or remand the decision to the Panel.
The company is considering whether to make such a request.
However, such a request would not delay the Panel's
determination to delist the company's securities.
The company anticipates that its common stock will be quoted on
the Pink Sheet Electronic Quotation Service automatically and
immediately after Nasdaq suspends trading. The company expects
that the trading symbol of its common stock will remain the
same.
Mark Fusco, the company's Chief Executive Officer, said: "We are
disappointed that the time it has taken for the review we
initiated in connection with the restatement of our financial
statements has resulted in the delisting of our common stock.
We believe AspenTech remains a financially strong company as
evidenced by our cash and cash equivalents of US$131 million as
of Dec. 31, 2007, and we are committed to regaining compliance
with our filing requirements and applying to list our common
stock on a national exchange as soon as possible thereafter."
The company has previously issued several press releases and
filed several reports with the SEC including reports on Form
8-K, and investors are encouraged to read these in their
entirety for discussion of the delay in the company's filings.
About Aspen Technology
Based in Cambridge, Massachusetts, Aspen Technology Inc.
(Nasdaq: AZPN) -- http://www.aspentech.com/-- provides software
and professional services that help process companies improve
efficiency and profitability by enabling them to model, manage
and control their operations. The company has operations in
Brazil, Malaysia and France.
* * *
Aspen Technology carries Moody's B2 long-term corporate family
rating and Caa1 equity-linked rating. Moody's said the outlook
is stable.
The company carries Standard & Poor's B long-term foreign and
local issuer credit ratings, with negative outlook.
BRASIL TELECOM: Will Get 3G Infrastructure From Ericsson & ZTE
--------------------------------------------------------------
Brasil Telecom Participacoes SA said it has chosen telecoms
equipment supplier Ericsson and telecoms equipment producer ZTE
as suppliers for 3G network infrastructure.
Business News Americas relates that Ericsson will provide core
infrastructure for the network. About 80% of access equipment
will be installed in:
-- Goias,
-- Parana,
-- Santa Catarina,
-- Rio Grande do Sul, and
-- Distrito Federal.
According to BNamericas, ZTE will deploy access equipment in:
-- Acre,
-- Roraima,
-- Mato Grosso,
-- Mato Grosso do Sul, and
-- Tocantins.
Brasil Telecom would launch 3G operations next month, BNamericas
states.
Headquartered in Brasilia, Brazil, Brasil Telecom Participacoes
SA -- http://www.brasiltelecom.com.br-- is a holding company
that conducts substantially all of its operations through its
wholly owned subsidiary, Brasil Telecom SA. The fixed-line
telecommunications services offered to the company's customers
include local services, including all calls that originate and
terminate within a single local area in the region, as well as
installation, monthly subscription, measured services, public
telephones and supplemental local services; intra-regional long-
distance services, which include intrastate and interstate
calls; interregional and international long-distance services;
network services, including interconnection and leasing; data
transmission services; wireless services, and other services.
* * *
To date, Brasil Telecom carries Moody's Investors Service's Ba1
senior unsecured and credit default swap ratings.
BRASIL TELECOM: Sues Opportunity Over Equity Investment in Unit
---------------------------------------------------------------
News service Agencia Estado reports that Brasil Telecom
Participacoes SA, along with its majority shareholder Citigroup,
has filed a lawsuit in New York against Brazilian investment
group Opportunity for failing to recognize its equity investment
in one of its units.
Business News Americas relates that Opportunity's unit,
Highlake, spent up to US$70 million in 2003 to acquire a 49%
stake in telecoms holding firm Telpart from Canada's Telesystem
International Wireless. Highlake also financed the deal with a
loan from Citigroup and cash from Brasil Telecom. Opportunity
was a major shareholder of Brasil Telecom at that time.
BNamericas notes that Citigroup and Brazilian pension funds
secured "boardroom control" of Telpart in 2006. It then sold
the unit's main holdings Telemig Celular and Amazonia Celular in
August 2007 to mobile operator Vivo.
According to BNamericas, Highlake was entitled to a significant
share of the US$644 million proceeds. However, Citigroup and
Brasil Telecom believe they are entitled to part of Highlake's
share due to their 2003 equity investment in that company.
The investment of Brasil Telecom and Citigroup wasn't converted
into Highlake stock as they had expected. They have not
received any part of Highlake's yield from the sale, BNamericas
states.
Headquartered in Brasilia, Brazil, Brasil Telecom Participacoes
SA -- http://www.brasiltelecom.com.br-- is a holding company
that conducts substantially all of its operations through its
wholly owned subsidiary, Brasil Telecom SA. The fixed-line
telecommunications services offered to the company's customers
include local services, including all calls that originate and
terminate within a single local area in the region, as well as
installation, monthly subscription, measured services, public
telephones and supplemental local services; intra-regional long-
distance services, which include intrastate and interstate
calls; interregional and international long-distance services;
network services, including interconnection and leasing; data
transmission services; wireless services, and other services.
* * *
To date, Brasil Telecom carries Moody's Investors Service's Ba1
senior unsecured and credit default swap ratings.
BRASKEM SA: Says 4th Quarter Results Weaker Than Third Quarter
--------------------------------------------------------------
Braskem SA's financial director Carlos Jose Fadigas told
Business News Americas that the company's fourth quarter 2007
results won't be as good as the the results in the third quarter
2007.
BNamericas relates that Braskem reported BRL132 million in net
profits and BRL4.6 billion revenues in the third quarter 2007.
Braskem accrued significant debt from the conclusion of the
Petroquimica Paulinia project and initial investments in the
joint venture with Venezuelan state petrochemical company
Pequiven, BNamericas says, citing Mr. Fadigas.
Mr. Fadigas commented to BNamericas, "The fact is that we had a
lot of debts in the period, so the [quarterly] results won't be
as good as in the third quarter of 2006."
Mr. Fadigas told BNamericas that the depreciation of the US
dollar against the Brazilian real benefited Braskem "as much of
the debts are in (US) dollars."
Braskem will see positive consolidated results and growth for
the 12-month period ended on Dec. 31, 2007, while 2008 won't see
as much growth, BNamericas says, citing Mr. Fadigas.
"Although it's too early to predict anything, 2007 was very good
for the industry in general, so it will be really hard to beat
last year's performance," Mr. Fadigas told BNamericas.
Braskem (BOVESPA: BRKM5; NYSE: BAK; LATIBEX: XBRK) --
http://www.braskem.com.br/-- is a thermoplastic resins producer
in Latin American, and is among the three largest Brazilian-
owned private industrial companies. The company operates 13
manufacturing plants located throughout Brazil, and has an
annual production capacity of 5.8 million tons of resins and
other petrochemical products. The company reported consolidated
net revenues of about US$9 billion in the trailing twelve months
through Sept. 30, 2007.
As reported in the Troubled Company Reporter-Latin America on
Jan. 17, 2008, Fitch Ratings affirmed the 'BB+' foreign and
local currency issuer default ratings of Braskem S.A. Fitch
also affirmed the 'BB+' ratings on the company's senior
unsecured notes 2008, 2014, and senior unsecured notes 2017.
COSAN SA: Completes Acquisition of Usina BenAlcool S.A.
-------------------------------------------------------
Cosan S.A. Industria e Comercio disclosed that the negotiations
to acquire 100% of Usina Benalcool have ended. The total value
of the acquisition is BRL106.9 million, which will be paid
mainly with the company's cash resources.
Benalcool's main asset is its sugar and ethanol plant, with an
annual crushing capacity of 1.3 million tonnes of sugarcane.
The existing net debt, evaluated on Jan. 31, 2008, is
BRL34.0 million. On the same date, Benalcool's marketable
securities and cash equivalents totaled BRL6.5 million.
Usina Benalcool is located in the Aracatuba region, where Cosan
already owns four other production units. Through the
acquisition Cosan has strengthened its presence in this
producing region.
About Cosan
Headquartered in Sao Paulo, Brazil, Cosan S.A. Industria e
Comercio(Bovespa: CSAN3) -- http://www.cosan.com.br/--
is one of the largest producers of sugar and ethanol in the
world. With a crushing capacity of around 40 million tonnes
of sugar cane, the company holds over 8% of the local market.
* * *
As of February 2007, Cosan carries Moody's Ba2 global local
currency and foreign currency ratings and Standard and Poor's BB
corporate credit rating.
FIAT SPA: Joint Venture With Credit Agricole Earns EUR119 Mln.
--------------------------------------------------------------
Fiat Group Automobiles Financial Services, a 50-50 joint venture
of Fiat SpA and Credit Agricole, earned EUR119 million in its
first year of operations ending in Dec. 31. 2007, Forbes.com
reports, citing Thompson Financial.
According to Thompson Financial, the prospects for 2008 confirm
further growth, thanks to the growth in sales of autos by Fiat,
improvement of financial activities, and cross-selling with
Credit Agricole; and total financial activities grew 8% to EUR17
billion on a year to year basis from 2006.
The joint venture provides dealer finance as well as financing
for car purchases by Fiat customers, Thomson Financial relates.
About Fiat S.p.A.
Headquartered in Turin, Italy, Fiat S.p.A. --
http://www.fiatgroup.com/-- is one of the largest industrial
groups in Italy and the fourth largest European-based automobile
manufacturer, with revenues of EUR33.4 billion in the first nine
months of 2005. Fiat's creditors include Banca Intesa, Banca
Monte dei Paschi di Siena, Banca Nazionale del Lavoro,
Capitalia, Sanpaolo IMI, and UniCredito Italiano.
Fiat operates in Argentina, Australia, Austria, Belgium, Brazil,
Bulgaria, China, Czech Republic, Denmark, France, Germany,
Greece, Hungary, India, Ireland, Italy, Japan, Lituania,
Netherlands, Poland, Portugal, Romania, Russia, Singapore,
Spain, among others.
* * *
As reported in the TCR-Europe on Nov. 6, 2007, Moody's Investors
Service changed the outlook on Fiat S.p.A. and subsidiaries' Ba3
Corporate Family Rating to positive from stable and affirmed its
Ba3 long-term senior unsecured ratings as well as the short-term
non-Prime rating.
On Oct. 4, 2007, Fitch Ratings affirmed Fiat S.p.A.'s Issuer
Default and senior unsecured ratings at BB- and Short-term
rating at B.
The company carries Standard & Poor's Ratings Services' BB long-
term corporate credit rating. The compay also carries B short-
term rating. S&P said the outlook is stable.
PROPEX INC: Committee Selects Baker Donelson as Counsel
-------------------------------------------------------
The Official Committee of Unsecured Creditors seek the Court's
authority to retain Baker, Donelson, Bearman, Caldwell &
Berkowitz, as its counsel in connection with the Debtors'
Chapter 11 cases, effective Jan. 31, 2008.
Stephen Cooke, chairperson of the Committee, relates that the
Committee selected Baker Donelson as its counsel because of the
firm's experience and knowledge in the field of bankruptcy and
business reorganizations under the U.S. Bankruptcy Code, as well
as in other areas of law related to the Debtors' bankruptcy
cases.
As the Committee's counsel, Baker Donelson will:
* provide legal advice with respect to the Committee's powers
and duties in these cases;
* prepare, on behalf of the Committee, all necessary
applications, answers, orders, reports and other legal
papers;
* represent the Committee in any and all matters involving
contests with the Debtors, alleged secured creditors, and
other third parties;
* negotiate consensual plans of liquidation or
reorganization;
* assist the Committee in analyzing the claims of the
Debtors' creditors and the Debtors' capital structure and
in negotiating with holders of claims and equity interests;
* assist the Committee's investigation of the acts, conduct,
assets, liabilities and financial condition of the Debtors
and of the operations of the Debtors' businesses;
* assist and advise the Committee as to its communications to
the general creditor body regarding significant matters in
the Debtors' cases;
* review and analyze all applications, orders statements of
operations and schedules filed with the Court and advise
the Committee as to their propriety; and
* perform all other legal services for the Committee which
may be necessary and proper in these cases and related
proceedings.
Seven Baker Donelson professionals are presently expected to
have primary responsibility for providing services to the
Committee:
Professional Hourly Rates
------------ ------------
Richard B. Gossett US$375
John H. Rowland US$340
Nelwyn W. Inman US$335
Justin M. Sveadas US$240
William M. B. Carter, Jr. US$195
Sharon L. Simmons US$140
Charity J. Martin US$120
Baker Donelson intends to apply for compensation for
professional services it will render and reimbursement of
expenses it will incur in connection with the Debtors' Chapter
11 cases.
Richard B. Gossett, Esq., a partner at Baker Donelson, in
Chattanooga, Tennessee, assures the Court that his firm is a
"disinterested person," as the term is defined in Section
101(14) of the Bankruptcy Code.
About Propex Inc.
Headquartered in Chattanooga, Tennessee, Propex Inc. --
http://www.propexinc.com/-- produces geosynthetic, concrete,
furnishing, and industrial fabrics and fiber. It is produces
primary and secondary carpet backing. Propex operates in North
America, Europe, and Brazil.
The company and its debtor-affiliates filed for Chapter 11
protection on Jan. 18, 2008 (Bankr. E.D. Tenn. Case No. 08-
10249). The debtors' has selected Edward L. Ripley, Esq., Henry
J. Kaim, Esq., and Mark W. Wege, Esq. at King & Spalding, in
Houston, Texas, to represent them. As of Sept. 30, 2007, the
debtors' balance sheet showed total assets of US$585,700,000 and
total debts of US$527,400,000. The Debtors' exclusive period to
file a plan of reorganization expires on May 17, 2008. (Propex
Bankruptcy News, Issue No. 5; Bankruptcy Creditors' Service
Inc., http://bankrupt.com/newsstand/or 215/945-7000)
PROPEX INC: Asks Court to Set July 7 as Claims Bar Date
-------------------------------------------------------
Pursuant to Rule 3003(c)(3) of the Federal Rules of Bankruptcy
Procedure, the bankruptcy court must fix the time within which
claims must be filed in Chapter 11 cases. Rule 3003(c)(2)
provides that any creditor whose claim is not scheduled or whose
claim is scheduled as disputed, contingent, or unliquidated must
file a claim.
Accordingly, Propex Inc. and its debtor-affiliates ask the U.S.
Bankruptcy Court for the Eastern District of Tennessee to
establish July 7, 2008, at 5:00 p.m. prevailing Eastern Time, as
the bar date for the submission of claims in their bankruptcy
cases.
The Debtors seek that each person or entity that asserts a claim
against them that arose prior to the Petition Date be required
to file an original, written proof of claim that substantially
conforms to Form B10 so as to be received by Epiq Bankruptcy
Solutions LLC, the Debtors' claims agent on or before the Bar
Date.
"The fixing of the date as the Bar Date will enable the Debtors
to receive, process, and begin their analysis of creditors'
claim in a timely and efficient manner," Mark W. Wege, Esq., at
King & Spalding, LLP, in Houston, Texas, points out.
The Debtors propose that these individuals or entities will not
be required to file a claim on or before the Bar Date:
* Any person or entity that has already properly filed, with
Epiq, or the Clerk of the Court, a claim using a claim form
that substantially conforms to Form B10.
* Any person or entity (i) whose claim is listed on the
Statements of Financial Affairs, Schedules of Assets and
Liabilities, and other related papers, (ii) whose claim is
not described as disputed, contingent, or unliquidated, and
(iii) who does not dispute the amount or nature of the
claim.
* Any person asserting a claim under Section 507(a)(2) of the
Bankruptcy Code as an administrative expense of the
Debtors' Chapter 11 cases, except as otherwise provided by
separate order of the Court.
* Any director, officer, or employee of the Debtors as of the
Petition Date that has or may have claims against the
Debtors for indemnification, contribution, subrogation, or
reimbursement.
* Any person or entity that holds claims that has been
allowed by an order of the Court entered on or before the
Bar Date.
The Debtors also propose that for any person or entity that
holds a claim that arises from the rejection of an executory
contract or unexpired lease, that person or entity must file a
claim based on the rejection on or before the Bar Date, unless
otherwise stated in the order authorizing the rejection.
If a person or entity failed to file a timely claim on or before
the Bar Date, that person or entity will not be treated as a
creditor of the Debtors for the purpose of voting upon any plan
or Plans of Reorganization of the Debtors. Moreover, that
person or entity will not be entitled to receive any payment or
distribution of property from the Debtors and will be barred
from asserting claims against the Debtors, their estates, or
their successors or assigns.
Additionally, the Debtors ask the Court to allow Epiq to
distribute a combined, single notice of both the Section 341
Creditors Meeting and the Bar Date to:
a. the office of the United States Trustee;
b. those persons on the master service list;
c. each member of the Official Committee of Unsecured
Creditors and its attorneys;
d. all state and local government authorities where the
Debtors maintain assets or conducted business operations
on the Petition Date or within three years prior to the
Petition Date;
e. all known potential holders of claims at the addresses
stated on the creditors' matrix; and
f. the district director of Internal Revenue for the Eastern
District of Tennessee.
The first meeting of creditors required under Section 341(a) of
the Bankruptcy Code is set for March 4, 2008, at 10:00 a.m., in
Chattanooga, Tennessee.
The proposed Bar Date Notice contains information regarding who
must file a proof of claim, the procedure for filing a proof of
claim, and the consequences for failing to timely file a proof
of claim.
The Debtors inform the Court that they intend to complete the
mailing of the Bar Date Notice, together with proof of claim
forms, to the parties on the matrix listing no later than
Feb. 15, 2008.
About Propex Inc.
Headquartered in Chattanooga, Tennessee, Propex Inc. --
http://www.propexinc.com/-- produces geosynthetic, concrete,
furnishing, and industrial fabrics and fiber. It is produces
primary and secondary carpet backing. Propex operates in North
America, Europe, and Brazil.
The company and its debtor-affiliates filed for Chapter 11
protection on Jan. 18, 2008 (Bankr. E.D. Tenn. Case No. 08-
10249). The debtors' has selected Edward L. Ripley, Esq., Henry
J. Kaim, Esq., and Mark W. Wege, Esq. at King & Spalding, in
Houston, Texas, to represent them. As of Sept. 30, 2007, the
debtors' balance sheet showed total assets of US$585,700,000 and
total debts of US$527,400,000. The Debtors' exclusive period to
file a plan of reorganization expires on May 17, 2008. (Propex
Bankruptcy News, Issue No. 5; Bankruptcy Creditors' Service
Inc., http://bankrupt.com/newsstand/or 215/945-7000)
SITEL WORLDWIDE: Weak Liquidity Cues Moody's Negative Outlook
-------------------------------------------------------------
Moody's Investors Service changed the outlook of Sitel Worldwide
Corporation to negative from stable. The negative outlook
underscores the company's weak liquidity position, which may
require the company to seek relief in an available equity cure
under its credit agreement from its shareholders. The negative
outlook also reflects Moody's belief that despite the equity
cure, the company's EBITDA cushion under its financial covenants
will remain very tight, and a shortfall in the company's 2008
anticipated performance could require the company to seek
further equity cure or other relief.
These ratings are affirmed:
-- Corporate family rating -- B2
-- Probability of default rating -- B3
-- US$85 million first lien revolving credit facility -- B2,
LGD-3, 35%
-- US$675 million first lien term loan -- B2, LGD-3, 35%
Approximately US$762 million of debt securities affected.
Sitel's B2 corporate family rating reflects some on-going
integration risk, liquidity constrained by financial covenants
under the company's credit facility, break even to negative free
cash flow, and moderate client concentration. The ratings are
supported by the company's scale and position as one of the
largest provider within the highly competitive call center
outsourcing industry, and the favorable outlook for the call
center outsourcing industry.
The company has pro forma LTM December 2007 revenues of
approximately US$1.9 billion.
Headquartered in Nashville, Tennessee, Sitel Worldwide Corp. --
http://www.sitel.com/-- is a customer care business process
outsourcing vendor for voice services. It competes with larger
multinational companies (i.e. EDS, Accenture, and IBM) and a
host of like size companies (including Convergys, West,
Teletech, and Sykes) in the customer care call center and
business process outsourcing industry. The company has an
approximate 80:20 ratio of on/near shore to off shore operating
capacit and operates more than 155 locations in 27 countries,
including Brazil, Mexico and the Philippines.
STRATOS GLOBAL: Earns US$20 Million in Year Ended Dec. 31, 2007
---------------------------------------------------------------
Stratos Global Corporation released its financial results for
the year ended Dec. 31, 2007. On Dec. 11, 2007, CIP Investments
Inc. (CIP Canada) acquired beneficial ownership of 100 percent
of the Corporation's common shares.
Net earnings for 2007 were US$2.0 million compared with a net
loss of US$26.8 million in 2006. The results for 2007 were
negatively impacted by US$16.7 million of after-tax financial
advisory, legal, and other costs related to the transaction with
CIP Canada, which were partially offset by an after-tax gain of
US$3.8 million related to the previously described insurance
settlement during the second quarter and an after-tax gain on
sale of certain aeronautical assets of US$1.0 million. Results
for 2006 were adversely influenced by after-tax write-offs of
US$22.4 million related primarily to the acquisition of Xantic.
For the year ended Dec. 31, 2007, the Corporation achieved
revenue of US$594.3 million, an 11 percent increase compared
with US$537.8 million in 2006. This improvement primarily
reflects the growth in newer generation Inmarsat products and
the acquisition of Xantic, which was completed on Feb. 14, 2006.
Segment earnings for 2007 increased by 35 percent to
US$101.0 million compared with US$74.7 million for 2006. The
significant improvement in segment earnings was driven by the
increased revenue, higher volume discounts earned from Inmarsat
and cost reductions resulting from the integration of Xantic and
other initiatives to improve operating efficiencies.
Cash flow from operations (including working capital changes) in
2007 totaled US$57.3 million, compared with US$26.9 million
generated in 2006. The improvement primarily reflects higher
segment earnings, decreased investment in working capital,
increased interest costs related to the Xantic acquisition
financing and costs related to the transaction with CIP Canada.
Stratos Global Corporation -- http://www.stratosglobal.com/--
is a provider of a range of advanced mobile and fixed-site
remote telecommunications solutions for users operating beyond
the reach of traditional networks. The company serves the voice
and high-speed data connectivity requirements of a diverse array
of markets, including government, military, energy, industrial,
maritime, aeronautical, enterprise, media and recreational users
throughout the world. Stratos operates in two segments: Mobile
Satellite Services, which provides mobile telecommunications
services, primarily over the Inmarsat plc satellite system, and
Broadband Services, which provides very small aperture terminal
services, sourced on a wholesale basis from a number of the
fixed satellite system operators.
The company has offices in Italy, Germany, Norway, Spain, United
Kingdom, India, Hong Kong, Singapore, Australia, Japan and
Brazil.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 4, 2008, Moody's Investors Service affirmed Stratos Global
Corporation's B1 Corporate Family Rating, B1 Probability of
Default Rating, Ba2 Senior Secured Bank Rating and B3 Unsecured
Bonds Rating.
TAM SA: Reports 67% International Market Share in January
---------------------------------------------------------
TAM SA reported operating data for January 2008, as disclosed by
the Brazilian National Civil Aviation Agency.
According to ANAC, TAM registered 9.8% growth in domestic RPK
(demand) compared to the same period last year, and 11.0%
increase in domestic ASK (supply). In January, market demand
increased 6.7% and market supply increased 10.3%. TAM registered
domestic market share (RPK) of 48.6%, a 1.4 p.p. increase
compared to the same period in 2007. TAM's domestic load
factor was 73.4%, 1.8 p.p. higher than the market average of
71.6%.
In the international market, TAM registered 76.8% growth in RPK
and 65.1% in ASK, compared to January 2007. The company
attained market share of 67.0%, representing 8.2 p.p. growth
year on year. TAM attained 79.9% load factor, 6.5 p.p. higher
than the market average of 73.4%.
The company's operating data for January:
Operating data Jan 2008 Jan 2007 Var. %
Domestic Market
ASK (millions) - Supply 2,978 2,683 11.0%
RPK (millions) - Demand 2,185 1,989 9.8%
Load Factor 73.4% 74.1% -0.8 p.p.
Market share 48.6% 47.2% 1.4 p.p.
International Market
ASK (millions) - Supply 1,766 1,070 65.1%
RPK (millions) - Demand 1,411 798 76.8%
Load Factor 79.9% 74.6% 5.3 p.p.
Market share 67.0% 58.8% 8.2 p.p.
About TAM SA
TAM SA (Bovespa: TAMM4 and NYSE: TAM) -- http://www.tam.com.br/
-- operates regular flights to 47 destinations throughout
Brazil. It serves 72 different cities in the domestic market
through regional alliances. Additionally, it maintains code-
share agreements with international airline companies that allow
passengers to travel to a large number of destinations
throughout the world. TAM was the first Brazilian airline
company to launch a loyalty program. The program has over 3.3
million subscribers and has awarded more than 3.6 million
tickets.
* * *
As reported in the Troubled Company Reporter-Latin America on
Aug. 27, 2007, Standard & Poor's Ratings Services affirmed its
'BB' long-term corporate credit rating on Brazil-based airline
TAM S.A. S&P said the outlook is stable.
TAM SA: Will Combine Frequent Flyer Programs With Lufthansa
-----------------------------------------------------------
TAM and Lufthansa have initiated a partnership that will allow
customers to accumulate and redeem frequent flyer points on
Fidelidade TAM program and miles from Miles & More on flights
operated by both airlines. The combination of the frequent
flyer programs are part of the agreement signed between TAM and
Lufthansa last year, aiming to expand services offered to
customers. The companies are also planning to initiate
codeshare flights on national and international routes within
the first quarter of this year.
In this first phase of the partnership between the two
companies, TAM passengers can use points accumulated in the
Fidelidade TAM program to travel on any domestic or
international flight operated by Lufthansa. In the same way,
participants in Lufthansa's Miles & More program can convert
their miles into points to be used on TAM's domestic and
international flights.
TAM vice-president of Planning and Alliances, Paulo Castello
Branco affirms that the agreement with Lufthansa will bring
immediate benefits to passengers of both airlines. "The
integration of Fidelidade TAM program with Miles & More
strengthens our strategy of establishing partnerships with the
main airlines in the world, and also seeking to offer
individualized service to our customers," says Mr. Castello
Branco.
Lufthansa Group's office of the president member, Stephen Lauer,
who is in Sao Paulo, Feb. 14, said that he is very satisfied
with the partnership. "We are seeking through this agreement a
way to increase our flight offerings between Europe and Brazil,
which will come about through code sharing, as well as better
ways of serving our passengers, including faster connections
and, starting now, integration of our frequent flyer programs."
The Lufthansa Group, including SWISS, has 21 weekly flights
between Brazil and Europe, flying with Lufthansa from Sao Paulo
to Munich and Frankfurt daily, and with SWISS, from Sao Paulo to
Zurich daily. From these two hubs in Germany and Zurich,
Lufthansa offers connections to all of Europe, Asia and the
Middle East. Overall, the group serves 188 different
destinations in 79 countries, and is part of the Star Alliance.
Lufthansa's mileage program Miles & More was started 15 years
ago and has more than 14 million participants all over the
world. In Brazil, there are approximately 80 thousand members.
TAM is a pioneer among Brazil's airlines in launching its
Programa Fidelidade for frequent flyers. The company now has
4.5 million members and has already issued more than 5.2 million
tickets for frequent flyer points.
A market leader, TAM serves 47 cities in Brazil, including all
state capitals and the Federal District. Through business
agreements signed with regional companies, it reaches 81
different destinations in the national territory.
TAM operations abroad include direct flights to eleven
destinations: New York and Miami (US), Paris (France), London
(England), Milan (Italy), Frankfurt (Germany), Madrid (Spain),
Buenos Aires (Argentina), Santiago (Chile), Caracas (Venezuela)
and Montevideo (Uruguay). With TAM Mercosur, it flies to
Asuncion and Ciudad del Este (Paraguay), Cordoba (Argentina),
Santa Cruz de la Sierra and Cochabamba (Bolivia), among other
cities in South America.
TAM's daily flight to Frankfurt departing from Guarulhos
International Airport in Sao Paulo began service last November
30th. This flight is operated with the Airbus A340-500, with a
capacity for up to 267 passengers -- 42 seats in Executive Class
and 225 in Economy Class.
About TAM SA
TAM SA (Bovespa: TAMM4 and NYSE: TAM) -- http://www.tam.com.br/
-- operates regular flights to 47 destinations throughout
Brazil. It serves 72 different cities in the domestic market
through regional alliances. Additionally, it maintains code-
share agreements with international airline companies that allow
passengers to travel to a large number of destinations
throughout the world. TAM was the first Brazilian airline
company to launch a loyalty program. The program has over 3.3
million subscribers and has awarded more than 3.6 million
tickets.
* * *
As reported in the Troubled Company Reporter-Latin America on
Aug. 27, 2007, Standard & Poor's Ratings Services affirmed its
'BB' long-term corporate credit rating on Brazil-based airline
TAM S.A. S&P said the outlook is stable.
UNIAO DE BANCOS: Board Approves New Stock Repurchase Program
------------------------------------------------------------
Unibanco - Uniao de Bancos Brasileiros S.A.'s and Unibanco
Holdings S/A's Board of Directors approved the acquisition, by
Unibanco, of preferred shares issued by Unibanco, as well as
preferred shares issued by Unibanco Holdings. Such approvals
are in accordance with their By-Laws and the applicable legal
provisions. The shares to be acquired will be kept as treasury
stock, for further sale or cancellation, without share capital
reduction of Unibanco or Unibanco Holdings, remaining at the
discretion of Unibanco's Board of Officers the decision as to
the timing and volume of the acquisitions.
By meanings of the terms of the article 8th of the CVM Normative
Ruling N. 10/80, it is clarified that:
(i) Such acquisition of shares has, as its purpose, the
application of the resources available from Unibanco´s
balance of profits and reserves, except the legal
reserve. Unibanco and Unibanco Holdings believe that
the stock repurchase plan is in the best interest of
both Unibanco's and Unibanco Holdings' shareholders;
(ii) The amount of shares to be acquired must not exceed
20,000,000 preferred shares issued by Unibanco
and 20,000,000 preferred shares issued by Unibanco
Holdings;
(iii) The authorization will be valid for 12 months to be
counted from February 15, 2008; and
(iv) The acquisition of the shares will be carried out at
fair market value and through the broker Unibanco
Investshop Corretora de Valores Mobiliarios S.A.,
located in the city of Sao Paulo, State of Sao Paulo,
at Eusebio Matoso Avenue n.º 891, or another broker
to be determined by Unibanco's Board of Officers.
The acquisition of preferred shares issued by Unibanco and
Unibanco Holdings must be made solely through the acquisition
of Share Certificates (UNITS), traded in the Brazilian Market.
Thus, Unibanco is authorized to acquire up to 20,000,000 UNITS.
On Feb. 12, 2008, there are 1,123,463,276 outstanding preferred
shares issued by Unibanco, as well as 1,069,078,990 outstanding
preferred shares issued by Unibanco Holdings.
Based on the authorization obtained on August 8, 2007, 8,765,400
Units have been acquired. Currently, there are 17,346,328
preferred shares issued by Unibanco and 20,772,793 preferred
shares issued by Unibanco Holdings as treasury stocks.
About Unibanco
Headquartered in Sao Paulo, Brazil, Uniao de Bancos Brasileiros
SA -- http://www.unibanco.com/-- is a full-service financial
institution providing a range of financial products and services
to a diversified individual and corporate customer base
throughout Brazil. The company's businesses comprise segments:
Retail, Wholesale, Insurance and Pension Plans and Wealth
Management. Uniao de Bancos and its associated companies
FinInvest, LuizaCred, PontoCred and Tecban (Banco 24 Horas)
offer a network composed of 17,000 points of service. It also
counts on 7,580 automated teller machines and all 30 Hours'
products and services, including the telephone service and the
Internet banking. The company's international network consists
of branches in Nassau and the Cayman Islands; representatives
offices in New York; banking subsidiaries in Luxembourg, the
Cayman Islands and Paraguay; and a brokerage firm in New York --
Unibanco Securities Inc.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 12, 2007, Fitch changed the outlook of Unibanco-Uniao de
Bancos Brasileiros SA's 'BB+' Foreign currency IDR and 'BB+'
Local currency IDR to Positive from Stable.
UNIAO DE BANCOS: Earns BRL715 Million in 4th Quarter 2007
---------------------------------------------------------
Unibanco - Uniao de Bancos Brasileiros S.A. disclosed its
financial performance for the fourth quarter of 2007.
Unibanco's net income, excluding non recurring events,
reached BRL2,600 million in 2007 and BRL715 million in
fourth quarter 2007, up 17.6% and 24.1% when compared to
2006 and fourth quarter 2006, respectively.
Annualized return on average equity (ROAE) reached 26.8%
in fourth quarter 2007 and 24.5% in 2007.
Considering non recurring events, net income was
BRL3,448 million in 2007 and BRL827 million in fourth quarter
2007, with ROAE of 31.7% in the year and 31.4% in the quarter.
Balance Sheet Data
Unibanco's total assets reached BRL149,597 million, up 44.2%
when compared to December 31, 2006.
The BRL16.1 billion increase in total loans, particularly in
payroll loans, auto loans, credit cards and Small and Medium
Enterprises (SMEs) portfolio.
The loan portfolio reached BRL61,435 million in December 2007,
up 9.9% in the quarter and 35.4% in the year, higher than the
Brazilian Financial System (8.7% QoQ and 27.3% YoY). Retail
portfolio increased 13.2% in 4Q07, with highlight for growth in
auto loans, 22.6%, credit cards, 21.0%, and SMEs, 16.8%.
Wholesale portfolio grew 4.7% in the quarter and 16.4% in 2007,
despite the US dollar depreciation of 3.7% and 17.2% in the
respective periods.
The inc