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
Friday, March 28, 2008, Vol. 9, No. 62
Headlines
A R G E N T I N A
ALITALIA SPA: Air France-KLM to Present New Proposal to Unions
ASOCIACION MUTUAL: Trustee Filing Individual Reports on April 14
COMVERSE TECHNOLOGY: Receives Wells Notice from SEC Staff
FARMACIA DE MEDRANO: Trustee to Verify Claims Until May 29
FORNS CONSTRUCCIONES: Files for Reorganization in Court
HOTELNET SRL: Trustee to Verify Proofs of Claim Until April 22
LANCI IMPRESORES: Trustee to Verify Proofs of Claim Until May 13
MAGAL CUER: Files for Reorganization in Buenos Aires Court
PONAGRI SA: Proofs of Claim Verification Deadline is May 22
TECSYSTEM SRL: Trustee to Verify Proofs of Claim Until April 24
YPF SA: S&P Holds BB+ Rating After Holder's Sale Announcement
A R U B A
VALERO ENERGY: To Sell Aruba Refinery by 2008 Second Quarter
B E R M U D A
EXTRA POWER: Proofs of Claim Filing Deadline is April 11
MONTPELIER RE: Unit Deploys OneShield System for Admin Support
SEA CONTAINERS: Wants Court to Reject US$2BB in Duplicate Claims
SECURITY CAPITAL: Will Cut Workforce by 60 to Reduce Costs
SECURITY CAPITAL: Fitch Drops BBB Long-Term Issuer Rating to B-
B R A Z I L
ABITIBIBOWATER INC: Abitibi-Consolidated Has Substantial Doubt
ABITIBIBOWATER INC: Moody's Rates Unit's US$450 Mil. Loan at B1
AFFILIATED COMPUTER: Communications Dev't. Buyout to Augment Biz
BANCO BMG: Secures BRL1 Billion Loan from UBS Pactual
BANCO DO BRASIL: Must Pay BRL400MM Back Wages, Labor Court Says
CA INC: Appoints Michael Christenson as President
CENTRAIS ELETRICAS: Won't Allow Competition in Units
DELPHI CORP: Court OKs US$46.2M Wheel Bearing Biz Sale to Kyklos
FORD MOTOR: Sells Jaguar & Land Rover to Tata Motors for US$2.3B
INTERMEC INC: Narrow Business Profile Prompts S&P's 'BB-' Rating
TAM SA: Sets Record For Transporting 100,500 Passengers in a Day
TAM SA: Podhurst Orseck Files Lawsuits for July 2007 Disaster
TELE NORTE: Schedules General Shareholders' Meeting on April 4
USINAS SIDERURGICAS: Issues 4th Qtr. 2007 Earnings Webcast Alert
C A Y M A N I S L A N D S
HEADSTRONG XXX: Proofs of Claim Filing Deadline is April 1
HEADSTRONG XXX: Sets Final Shareholders Meeting for April 1
NBL FUNDING: Proofs of Claim Filing Deadline is April 3
NORMANDI LIMITED: Proofs of Claim Filing Deadline is April 3
NORTH BROOK: Proofs of Claim Filing is Until April 3
PUERTO AZUL: Proofs of Claim Filing is Until April 3
RAB PI: Proofs of Claim Filing Deadline is April 3
SPENCER HOUSE: Proofs of Claim Filing Deadline is April 3
SPENCER HOUSE CAPITAL: Proofs of Claim Filing is Until April 3
VERTEX CAPITAL: Proofs of Claim Filing Deadline is April 3
C H I L E
AES CORP: Names Andrew Vesey as EVP & President for LatAm Region
AES CORP: Ned Hall to Lead Wind Generation Business
C O S T A R I C A
ORTHOFIX INT'L: Lower Expected Cash Flow Cues Moody's Rating Cut
SIRVA INC: Committee Wants to Hire BDO Seidman as Accountant
SIRVA INC: Committee et al. Object to Request for Class 5 Panel
SIRVA INC: IFL et al. Object to Adequacy of Disclosure Statement
SIRVA INC: Triple Net Objects to Confirmation Discovery Schedule
SIRVA INC: Panel Has Until April 11 to Object to DIP Financing
D O M I N I C A N R E P U B L I C
BANCO DE RESERVAS: Will Stop Comites de Base Payroll
DELTA AIR: Expands Atlanta Flight in Dominican Rep's Santiago
E C U A D O R
PETROECUADOR: Chevron Expects to Win in Amazon Cleanup Case
SMURFIT KAPPA: Rosemary Thorne Appointed as Board Director
J A M A I C A
AIR JAMAICA: Protesting Flight Attendants Return to Work
CABLE & WIRELESS: Ministry to Charge Firm for Using Public Roads
DIGICEL GROUP: Joins JPS Employees Cooperative Credit Union
DIGICEL GROUP: Ministry to Charge Firm for Using Public Roads
M E X I C O
CLEAR CHANNEL: Buyers Sue Banks to Pursue US$19 Bil. Deal
DENNY'S CORP: Dec. 26 Balance Sheet Upside-Down by US$178.9 Mil.
DENNY'S CORP: Weak Performance Cues S&P to Give Negative Outlook
EL PASO: Concludes Sale of Gulf of Mexico & Texas Assets
FEDERAL-MOGUL: Court OKs Sec. 524 Transfer of Insurance Rights
QUAKER FABRIC: Wants Exclusive Plan Filing Period Extended
QUEBECOR WORLD: Wants to Buy Bombardier Aircraft for US$12 Mil.
P E R U
IRON MOUNTAIN: Moody's Lifts Rating to B1 on Strong Performance
V E N E Z U E L A
HARVEST NATURAL: Coker & Palmer Puts Buy Rating on Firm's Shares
PETROLEOS DE VENEZUELA: New Oil Tax to Go to Heath Programs
- - - - -
=================
A R G E N T I N A
=================
ALITALIA SPA: Air France-KLM to Present New Proposal to Unions
--------------------------------------------------------------
Air France-KLM is expected to submit a revised proposal for
unions at Alitalia S.p.A. since yesterday, March 27, 2008, or on
March 29, 2008, various reports say, citing Air France CEO Jean-
Cyril Spinetta.
Air France will present a new proposal in light of continued
opposition from unions to its planned acquisition of the Italian
government's 49.9% stake in Alitalia.
"An appropriate solution will be offered to each of the 2,100
employees concerned -- 1,600 in Alitalia and 500 in Alitalia
Servizi," Air France said.
The revised proposal, Agence France-Presse cites a union source,
may include:
* inclusion of AZ Servizi's operations at Rome's Fiumicino
airport;
* transfer of 180 pilots from Alitalia's cargo division to
new positions within the company before its shut down in
2010.
Union officials told the Associated Press that the new proposal
may entail Air France-KLM absorbing hangar and some other ground
operations at Rome's Leonardo da Vinci airport, which may reduce
job cuts.
Air France, AFP reports, might extend the negotiation period
with Alitalia's unions beyond March 31, 2008.
As recently reported in the TCR-Europe, Alitalia and the present
government have accepted Air France-KLM SA's binding offer,
subject to several conditions including union approval. Air
France, so far, has yet to convince the unions to accept its
business plan, which foresees around 2,100 job cuts.
The effectiveness conditions for Air France's offer include:
* formal approval of the Industrial Plan 2008-2010 by
Alitalia?s Board of Directors;
* formal agreement in a manner satisfactory for
Air France-KLM between Alitalia and the trade unions
representing the majority of each category of Alitalia?s
employees, regarding the implementation of the Industrial
Plan, the rules of employment, the plan related to the
social shock absorbers and the contemplated transaction;
* formal agreement in a manner satisfactory for
Air France-KLM between Alitalia and the trade unions of
Alitalia Servizi representing the majority of each
category of Alitalia Servizi?s employees on the necessary
restructuring measures and the related shock absorbers
plan;
* Italy's Ministry of Economy and Finance to grant Alitalia
a credit line, or the necessary guarantees to obtain a
credit line in favor of Alitalia of EUR300 million to be
repaid immediately after the capital increase;
* formal agreement between Alitalia and Aeroporti di Roma on
the Rome Fiumicino Airport and on the service levels
required for the implementation of the Industrial Plan
2008-2010;
* with respect to the claim brought on by SEA against
Alitalia to the tribunal of Busto Arsizio, either:
-- the official withdrawal from the claim;
-- its settlement in a manner satisfactory to Air France;
-- the granting by the MEF to Alitalia of appropriate
indemnification commitments, in case necessary by
enacting an appropriate law decree, or any other
applicable solution satisfactory to Air France-KLM to
definitely remove the risk attached to the claim;
* formal agreement between Alitalia, Fintecna and Alitalia
Servizi, for what concerns the interest of each party,
among other things, to re-internalize in Alitalia certain
activities and to renegotiate certain clauses of the
service agreements;
* formal written confirmation from the MEF that the general
interests are properly safeguarded in the context of the
contemplated transaction and it shall, subject to
certain conditions, tender its Alitalia shares and
Alitalia convertible bonds in the tender offers;
* formal written undertaking from the competent Italian
governmental authority to maintain the current portfolio
of the current Alitalia?s air traffic rights, continue to
address in a fair, transparent and non discriminatory
manner any future requests form Alitalia for new air
traffic rights, and provide cooperation and assistance in
the case of any major difficulties with extra-European
Community countries.
About Alitalia
Headquartered in Rome, Italy, Alitalia S.p.A. --
http://www.alitalia.it/-- provides air travel services for
passengers and air transport of cargo on national, international
and inter-continental routes. The Italian government owns 49.9%
of Alitalia. The company has operations in Argentina.
Despite a EUR1.4 billion state-backed restructuring in 1997,
Alitalia posted net losses of EUR256 million and EUR907 million
in 2000 and 2001 respectively. Alitalia posted EUR93 million in
net profits in 2002 after a EUR1.4 billion capital injection.
The carrier booked annual net losses of EUR520 million in 2003,
EUR813 million in 2004, EUR168 million in 2005, and
EUR625.6 million in 2006.
Italian Transport Minister Alessandro Bianchi has warned that
Alitalia may file for bankruptcy if the current attempt to sell
the government's 49.9% stake fails.
ASOCIACION MUTUAL: Trustee Filing Individual Reports on April 14
----------------------------------------------------------------
Armando Hugo C. Innocente y Domingo Luciano Ovejero, the court-
appointed trustee for Asociacion Mutual del Circulo de
Suboficiales y Agentes de Policia del Chaco's bankruptcy
proceeding, will present the validated claims as individual
reports in the National Commercial Court of First Instance in
Resistencia, Chaco, on April 14, 2008.
Armando Hugo verified creditors' proofs of claim until
Feb. 26, 2008. The trustee will also submit a general report
containing an audit of Asociacion Mutual's accounting and
banking records in court on May 27, 2008.
Armando Hugo also in charge of administering Asociacion Mutual's
assets under court supervision and will take part in their
disposal to the extent established by law.
The trustee can be reached at:
Armando Hugo C. Innocente y Domingo Luciano Ovejero
Monteagudo 537, Resistencia
Chaco, Argentina
COMVERSE TECHNOLOGY: Receives Wells Notice from SEC Staff
---------------------------------------------------------
Comverse Technology Inc. received on March 21, 2008, a "Wells
Notice" from the staff of the United States Securities and
Exchange Commission arising out of its investigation of the
company's past stock option grant practices and certain
unrelated accounting matters.
The company said in a regulatory filing with the Commission that
the matters were the subject of an investigation by a Special
Committee of the company's Board of Directors. On Jan. 29,
2008, the Special Committee confirmed the existence of option
backdating and earnings manipulation.
The Wells Notice provides notification that the SEC staff
intends to recommend that the SEC bring a civil action against
the company alleging violations of certain provisions of U.S.
securities laws. Remedies that the staff of the SEC may seek
could include, among other things, a civil penalty.
The company intends to provide a written submission to the SEC
in response to the Wells Notice before the staff makes a formal
recommendation to the SEC on what action, if any, should be
brought by it.
About Comverse Technology
Based in Woodbury, New York, Comverse Technology Inc., --
http://www.cmvt.com/-- (Pink Sheets: CMVT.PK) through its
Comverse Inc. subsidiary, provides software and systems enabling
network-based multimedia enhanced communication and billing
services. The company's Total Communication portfolio includes
value-added messaging, personalized data and content-based
services, and real-time converged billing solutions. Other
Comverse Technology subsidiaries include: Verint Systems
(VRNT.PK), which provides analytic software-based solutions for
communications interception, networked video security and
business
intelligence; and Ulticom (ULCM.PK), which provides service
enabling signaling software for wireline, wireless and Internet
communications. In Latin America, Comverse has operations in
Argentina, Brazil, Mexico and Peru.
* * *
As reported in the Troubled Company Reporter-Latin America on
March 13, 2008, Standard & Poor's Ratings Services lowered its
corporate credit rating and other ratings on New York, New York-
based Comverse Technology Inc. to 'B+' from 'BB-' and removed
them from CreditWatch. S&P said the outlook is negative.
FARMACIA DE MEDRANO: Trustee to Verify Claims Until May 29
----------------------------------------------------------
Maria Alejandra Barbieri, the court-appointed trustee for
Farmacia de Medrano 533 S.C.S.'s reorganization proceeding, will
be verifying creditors' proofs of claim until May 29, 2008.
Ms. Barbieri will present the validated claims in court as
individual reports on July 16, 2008. The National Commercial
Court of First Instance in Buenos Aires will determine if the
verified claims are admissible, taking into account the
trustee's opinion, and the objections and challenges that will
be raised by Farmacia de Medrano and its creditors.
Inadmissible claims may be subject for appeal in a separate
proceeding known as an appeal for reversal.
A general report that contains an audit of Farmacia de Medrano's
accounting and banking records will be submitted in court on
Sept. 11, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly on March 16, 2009.
The trustee can be reached at:
Maria Alejandra Barbieri
Avenida Cabildo 2040
Buenos Aires, Argentina
FORNS CONSTRUCCIONES: Files for Reorganization in Court
-------------------------------------------------------
Forns Construcciones SRL has requested for reorganization
approval after failing to pay its liabilities.
The reorganization petition, once approved by the court, will
allow Forns Construcciones to negotiate a settlement with its
creditors in order to avoid a straight liquidation.
The case is pending in the National Commercial Court of First
Instance No. 13 in Buenos Aires. Clerk No. 25 assists the court
in this case.
The debtor can be reached at:
Forns Construcciones SRL
Avenida San Juan 3531
Buenos Aires, Argentina
HOTELNET SRL: Trustee to Verify Proofs of Claim Until April 22
--------------------------------------------------------------
Ernesto Higueras, the court-appointed trustee for Hotelnet SRL's
reorganization proceeding, will be verifying creditors' proofs
of claim until April 22, 2008.
Mr. Higueras will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance No. 3 in Buenos Aires, with the assistance of Clerk
No. 5, 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 Hotelnet and its
creditors.
Inadmissible claims may be subject for appeal in a separate
proceeding known as an appeal for reversal.
A general report that contains an audit of Hotelnet's accounting
and banking records will be submitted in court.
La Nacion didn't state the reports submission deadlines.
Creditors will vote to ratify the completed settlement plan
during the assembly on Feb. 5, 2009.
The debtor can be reached at:
Hotelnet SRL
Leandro N. Alem 668
Buenos Aires, Argentina
The trustee can be reached at:
Ernesto Higueras
Sanchez de Loria 1944
Buenos Aires, Argentina
LANCI IMPRESORES: Trustee to Verify Proofs of Claim Until May 13
----------------------------------------------------------------
Estudio Ramil, Macias, Bisignano y Cacace -- the court-appointed
trustee for Lanci Impresores S.R.L.'s reorganization proceeding
-- will be verifying creditors' proofs of claim until May 13,
2008.
Ms. Barbieri will present the validated claims in court as
individual reports on June 25, 2008. The National Commercial
Court of First Instance in Buenos Aires will determine if the
verified claims are admissible, taking into account the
trustee's opinion, and the objections and challenges that will
be raised by Estudio Ramil and its creditors.
Inadmissible claims may be subject for appeal in a separate
proceeding known as an appeal for reversal.
A general report that contains an audit of Lanci Impresores'
accounting and banking records will be submitted in court on
Aug. 22, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly on Feb. 19, 2009.
The trustee can be reached at:
Estudio Ramil, Macias, Bisignano y Cacace
Lavalle 1619
Buenos Aires, Argentina
MAGAL CUER: Files for Reorganization in Buenos Aires Court
----------------------------------------------------------
Magal Cuer SA has requested for reorganization approval after
failing to pay its liabilities since Nov. 5, 2007.
The reorganization petition, once approved by the court, will
allow Magal Cuer to negotiate a settlement with its creditors in
order to avoid a straight liquidation.
The case is pending in the National Commercial Court of First
Instance No. 21 in Buenos Aires. Clerk No. 42 assists the court
in this case.
The debtor can be reached at:
Magal Cuer SA
Sanchez 2054
Buenos Aires, Argentina
PONAGRI SA: Proofs of Claim Verification Deadline is May 22
-----------------------------------------------------------
Hector Rodolfo Arzu, the court-appointed trustee for Ponagri
SA's bankruptcy proceeding, will be verifying creditors' proofs
of claim until May 22, 2008.
Mr. Arzu will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance No. 5 in Buenos Aires, with the assistance of Clerk
No. 10, 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 Ponagri and its creditors.
Inadmissible claims may be subject for appeal in a separate
proceeding known as an appeal for reversal.
A general report that contains an audit of Ponagri's accounting
and banking records will be submitted in court.
Mr. Arzu is also in charge of administering Ponagri's assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at:
Ponagri SA
Ricardo Balbin 2395
Buenos Aires, Argentina
The trustee can be reached at:
Hector Rodolfo Arzu
Junin 55
Buenos Aires, Argentina
TECSYSTEM SRL: Trustee to Verify Proofs of Claim Until April 24
---------------------------------------------------------------
Sergio Leonardo Novick, the court-appointed trustee for
Tecsystem S.R.L.'s reorganization proceeding, will be verifying
creditors' proofs of claim until April 24, 2008.
Mr. Novick will present the validated claims in court as
individual reports on June 6, 2008. The National Commercial
Court of First Instance in Buenos Aires will determine if the
verified claims are admissible, taking into account the
trustee's opinion, and the objections and challenges that will
be raised by Tecsystem and its creditors.
Inadmissible claims may be subject for appeal in a separate
proceeding known as an appeal for reversal.
A general report that contains an audit of Tecsystem's
accounting and banking records will be submitted in court on
July 22, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly on Feb. 10, 2009.
The trustee can be reached at:
Sergio Leonardo Novick
Libertad 359
Buenos Aires, Argentina
YPF SA: S&P Holds BB+ Rating After Holder's Sale Announcement
-------------------------------------------------------------
Standard & Poor's Ratings Services has affirmed its 'BB+' local
currency corporate credit rating on YPF S.A. and removing it
from CreditWatch with negative implications where it was placed
Dec. 27, 2007. The outlook is stable.
The local currency ratings were placed on CreditWatch Negative
following shareholder Repsol-YPF S.A.'s (Repsol; BBB/Stable/A-2)
announcement that it would sell a stake in the company,
potentially signaling a decrease in parent support and a less-
flexible dividend policy to repay acquisition debt at a holding
company level, in a context of strong capital expenditure needs.
In February 2008, Repsol sold a 14.9% stake in YPF to Argentina-
based Grupo Petersen for US$2.2 billion. The Petersen Group
will have an option to purchase an additional 10.1% in the next
four years. The agreement also contemplates that Repsol would
make a public offer for an additional 20% of YPF's share capital
in secondary markets, including the Buenos Aires stock exchange.
As a result, Repsol might reduce its stake to about 55% in the
medium term. Thus, YPF's significance to the Repsol group may
decline because of a reduced reserve base, declining production
levels, and less exposure to the Argentine market.
However, currently Repsol has a material controlling stake in
the company, and S&P believes there are still meaningful
economic incentives to support YPF if needed, mainly given YPF's
equity value and its cash generation capacity. S&P therefore
still factors in its ratings a certain degree of potential
parent support from controlling shareholder Repsol, which
currently holds 84% of the company. YPF may benefit from the
Petersen Group's knowledge of Argentina's business environment,
but it will also be subject to a less-flexible dividend policy,
now set as at least 90% of the previous year's net income.
Despite YPF's weak operating performance in its exploration and
production segment, S&P expects the company to be able to
maintain moderate leverage, strong cash-flow protection measures
for the rating category, and an adequate ability to carry out
sizable capital expenditures and to face high dividend
requirements. S&P will continue closely monitoring YPF's
operating performance, in light of the persistent weak reserve
replacement and its expectations about potential support from
its parents.
"The ratings on YPF S.A. mainly reflect the challenges of
operating in the highly uncertain and rapidly changing
Argentine economic and regulatory environment, a geographically
concentrated reserve base, very weak reserve-replacement ratios,
and an aggressive dividend policy. Those factors are partially
offset by YPF's moderate debt levels, the company's vertical
integration of its operating units, its dominant market position
in Argentina, and a certain degree of potential support from
Repsol," said S&P's credit analyst Luciano Gremone.
The stable outlook reflects S&P's expectations that YPF's
financial performance will remain very strong in the medium-
term, compensating ongoing concerns on operating performance and
reserve replacement, at the current rating level. Rating upside
is unlikely at this point and would require a material
improvement in YPF's reserve replacement, and an improvement in
S&P's perception of the risk of doing business in Argentina. On
the contrary, the ratings and outlook could come under pressure
if S&P perceives lower potential support from Repsol, if YPF
assumes a more aggressive financial policy, with a total
adjusted debt-to-EBITDA ratio above 1.5, and/or if the company's
reserve replacement significantly deteriorates in the next two
years.
Headquartered in Buenos Aires, Argentina, YPF S.A. --
http://www.ypf.com.ar/-- is an integrated oil and gas company
engaged in the exploration, development and production of oil
and gas, natural gas and electricity-generation activities
(upstream), the refining, marketing, transportation and
distribution of oil and a range of petroleum products, petroleum
derivatives, petrochemicals and liquid petroleum gas
(downstream). The company is a subsidiary of Repsol YPF, S.A.,
a Spanish company engaged in oil exploration and refining, which
holds 99.04% of its shares. Its international operations are
conducted through its subsidiaries, YPF International S.A. and
YPF Holdings Inc.
=========
A R U B A
=========
VALERO ENERGY: To Sell Aruba Refinery by 2008 Second Quarter
------------------------------------------------------------
Valero Energy Corporation would sell its Aruba refinery in the
second quarter of 2008, Business News Americas reports, citing
Chief Executive Officer Bill Klesse.
Mr. Klesse said in a statement that the company has already a
transaction and an unnamed buyer.
BNamericas relates that Valero would optimize its portfolio,
invest in the company's core refineries and the planned sale was
part of its strategy.
Mr. Klesse disclosed that the sale process has been delayed by
the fire affecting the refinery's vacuum tower in January, the
report adds.
The refinery has capacity of 275,000 barrels per day and
employed 775 workers.
Headquartered in San Antonio, Texas, Valero Energy Corporation
is North America's largest independent refining and marketing
company, currently owning 16 oil refineries with nameplate crude
oil distillation capacity of 2.6 barrels per day (bpd) and,
including intermediate feedstock, 3.1 million bpd. VLO has one
of the largest deep conversion capacities in North America. Its
current portfolio of refineries displays a somewhat above
average Nelson Complexity Index of 11.1 . Valero Energy
Corporation is evaluating strategic alternatives for one to
three refineries and each of the potential pro-forma scenarios
would increase its current Nelson index. The pending major
capital spending programs would further increase Valero Energy
Corporation value adding capacity and complexity downstream from
crude oil distillation. The company has operated an oil
refinery in Aruba.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 13, 2008, Moody's Investors Service placed Valero Energy
Corporation's ratings on review for upgrade. Moody's previously
confirmed Valero Energy Corporation's Ba1 rated subordinated
debentures and Ba2 rated mandatory convertible preferred stock.
The ratings still hold to date, subject to the conclusion of
Moody's rating review for possible upgrade. Moody's said the
outlook is still positive.
=============
B E R M U D A
=============
EXTRA POWER: Proofs of Claim Filing Deadline is April 11
--------------------------------------------------------
Extra Power Company Limited's creditors are given
until April 11, 2008, to prove their claims to Barry Hanson, the
company's liquidator, or be excluded from receiving any
distribution or payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
Extra Power's shareholders agreed on March 20, 2008, to place
the company into voluntary liquidation under Bermuda's Companies
Act 1981.
The liquidator can be reached at:
Barry Hanson
Zobec Management Limited
P.O. Box HM 926 Hamilton
HM DX, Bermuda
MONTPELIER RE: Unit Deploys OneShield System for Admin Support
--------------------------------------------------------------
Montpelier Re Holdings Ltd.'s subsidiary, Montpelier US
Insurance Company (aka. MUSIC) has deployed the OneShield Inc.'s
Dragon system to support the administration of its commercial
insurance product. Signing the agreement in late January 2008,
Montpelier US set a goal to have the system up and in production
within six weeks.
"We are every excited to have been able to meet such an
aggressive timetable for MUSIC. The completion of this
deployment in six weeks is a true testament to the dedication
and hard work of the MUSIC and OneShield teams as well as the
capabilities of the Dragon Application." said Senior Vice
President of Sales and Client Services, Heather Peacock. "A
total team effort between OneShield and MUSIC made it possible."
This marks the most rapid deployment to date of the Dragon
platform. It involved both the configuration of the Dragon
system to meet Montpelier US' business needs and the setup of a
complete hosted solution by OneShield. Montpelier US chose the
OneShield hosting solution to assure the rapid time to market
required by the company. This was accomplished by a focused
implementation team and Montpelier US' ability to leverage the
out of the box commercial product definitions and workflows of
the Dragon system.
"Our company conducted a comprehensive search to find the right
software solution and the right partner for supporting our rapid
go to market strategy. We decided on the OneShield Dragon
product due to its strong reputation, feature rich tools, and
out of the box capabilities. Our teams worked seamlessly to
deliver a critical system within an aggressive timeline to
support the start of our new company," commented Montpelier US
Vice President and Controller, Patrick Porter.
OneShield Chief Executive Officer, Glenn Anschutz commented, "We
are extremely pleased to have delivered on a promise to support
MUSIC's newly formed operations with a solid policy
administration system and a fully hosted production environment.
Our ability to support the configuration, build-out and ongoing
support of a hosted Dragon solution allowed their executive team
to focus on building their new business."
About OneShield
OneShield -- http://www.oneshield.com-- provides Web browser-
based solutions to automate the sales and service of insurance
and bond products for insurance carriers, major brokers, and
managing general agents. Its flagship product, OneShield
Dragon(R), is a tools-based, data-driven insurance underwriting,
policy administration, rating and workflow engine.
About Montpelier U.S.
Based in Scottsdale, Arizona, Montpelier U.S. Insurance Company
-- http://www.montpelierus.com-- is an admitted insurer in the
State of Oklahoma and is authorized to write Excess and Surplus
Lines insurance in 37 States. The company is an affiliate of
Montpelier Re Holdings Ltd.
About Montpelier Re Holdings Ltd.
Headquartered in Bermuda, Montpelier Re Holdings Ltd. --
www.montpelierre.bm -- through its operating subsidiary
Montpelier Reinsurance Ltd., provides customized, innovative,
and timely reinsurance and insurance solutions to the global
market. The company has operations in the United States and
Europe.
* * *
To date, Montpelier Re Holdings holds A.M. Best's "bb+"
subordinated debt rating and "bb" preferred stock rating.
SEA CONTAINERS: Wants Court to Reject US$2BB in Duplicate Claims
----------------------------------------------------------------
Sea Containers Ltd. and its debtor-affiliates ask the U.S.
Bankruptcy Court for the District of Delaware to disallow and
expunge 13 claims, pursuant to Sections 105 and 502(b) of the
U.S. Bankruptcy Code and Rule 3007-1 of the Local Rules of
Bankruptcy Practice.
Amended Claim
Upon review of their books, the Debtors found that Claim No.
118, which was asserted by Neoglobo E Represantacoes LDA for
US$448, has been amended and superseded by subsequently-filed
Claim No. 146. The Debtors note that Claim No. 146, which was
asserted by Neoglobo for US$1,020, remain the claimant's sole
claim against the Debtors' bankruptcy estates.
Duplicate Claims
The Debtors also ask the Court to expunge 10 noteholder claims
because they are duplicative of the claims filed by indenture
trustee, HSBC Bank USA, National Association, pursuant to
certain indentures. Under the Indentures and Rule 3003(c)(5) of
the Federal Rules of Bankruptcy Procedure, HSBC is authorized to
file proofs of claim on behalf of all holders of senior notes
issued by Sea Containers Ltd.
The Duplicate Noteholders Claims are:
Duplicate Surviving Surviving
Claimant Claim No. Claim No. Claim Amount
-------- --------- --------- ------------
Felicia Herscovici 10 58 US$151,715,468
Revocable Trust
Fountain Capital 133 59 121,181,250
Management LLC
Gardner, Jacob 4 59 121,181,250
Halan, Mark 51 60 107,506,250
Jones Ten/Com, Louis 7 59 121,181,250
M & Mary Elizabeth
Rehner, Leonard 23 59 121,181,250
Reynolds, David F. 17 58 151,715,468
Reynolds, David F. 28 60 107,506,250
Reynolds, David F. 29 58 151,715,468
Weisbrich, Klaus 114 61 1,174,935,750
Improperly Registered Claims
The Debtors object to Claim No. 143, asserted by Rene K. Griffin
for $10,672, and Claim No. 144, asserted by Frank A. Stasko for
US$4,472, because the claims indicate that they were intended to
be filed against All American Semiconductor, Inc., a wholly
separate debtor entity, which has no relation whatsoever to the
Debtors. The Debtors, hence, ask the Court to expunge the
claims from the claims register.
About Sea Containers
Based in Hamilton, Bermuda, Sea Containers Ltd. --
http://www.seacontainers.com/-- provides passenger and freight
transport and marine container leasing. Registered in Bermuda,
the company has regional operating offices in London, Genoa, New
York, Rio de Janeiro, Sydney, and Singapore. The company is
owned almost entirely by United States shareholders and its
primary listing is on the New York Stock Exchange (SCRA and
SCRB) since 1974. On Oct. 3, the company's common shares and
senior notes were suspended from trading on the NYSE and NYSE
Arca after the company's failure to file its 2005 annual report
on Form 10-K and its quarterly reports on Form 10-Q during 2006
with the U.S. Securities and Exchange Commission.
Through its GNER subsidiary, Sea Containers Passenger Transport
operates Britain's fastest railway, the Great North Eastern
Railway, linking England and Scotland. It also conducts ferry
operations, serving Finland and Estonia as well as a commuter
service between New York and New Jersey in the U.S.
Sea Containers Ltd. and two subsidiaries filed for chapter 11
protection on Oct. 15, 2006 (Bankr. D. Del. Case No. 06-11156).
Edmon L. Morton, Esq., Edwin J. Harron, Esq., Robert S. Brady,
Esq., Sean Matthew Beach, Esq., and Sean T. Greecher, Esq., at
Young, Conaway, Stargatt & Taylor, represent the Debtors in
their restructuring efforts.
The Official Committee of Unsecured Creditors and the Financial
Members Sub-Committee of the Official Committee of Unsecured
Creditors of Sea Containers Ltd. is represented by William H.
Sudell, Jr., Esq., and Thomas F. Driscoll, Esq., at Morris,
Nichols, Arsht & Tunnell LLP. Sea Containers Services, Ltd.'s
Official Committee of Unsecured Creditors is represented by
attorneys at Willkie Farr & Gallagher LLP.
In its schedules filed with the Court, Sea Containers disclosed
total assets of US$62,400,718 and total liabilities of
US$1,545,384,083.
The Court gave the Debtors until April 15, 2008 to file
a plan of reorganization.
SECURITY CAPITAL: Will Cut Workforce by 60 to Reduce Costs
----------------------------------------------------------
Security Capital Assurance Ltd. said that it will reduce its
workforce by approximately 60 positions. The reductions are
focused largely on the insurance business origination staff and
are intended to reduce long term operating costs and align
resources with current needs.
"Decisions such as this one are always difficult, but as we are
not writing new business at this time, today's action was
necessary," stated Security Capital's president and chief
executive officer, Paul Giordano. "Our action today is
consistent with our recently described plans, and we intend to
treat our employees as fairly as we can under the circumstances.
I am grateful for all the hard work and dedication of our
employees, and for their continued professionalism in this very
difficult environment."
Security Capital Assurance Ltd. (NYSE: SCA) --
http://www.scafg.com-- is a Bermuda-domiciled holding company
whose primary operating subsidiaries, XL Capital Assurance Inc.
and XL Financial Assurance Ltd, provide credit enhancement and
protection products to the public finance and structured finance
markets throughout the United States and internationally.
* * *
As reported in the Troubled Company Reporter-Latin America on
March 25, 2008, Standard & Poor's Ratings Services lowered its
rating on Security Capital Assurance Ltd.'s series A perpetual
noncumulative preference shares to 'C' from 'BB-'. The shares
remain on CreditWatch with negative implications.
SECURITY CAPITAL: Fitch Drops BBB Long-Term Issuer Rating to B-
---------------------------------------------------------------
Fitch Ratings has downgraded these ratings on Security Capital
Assurance Ltd. and its financial guaranty insurance
subsidiaries:
XL Capital Assurance Inc.:
XL Capital Assurance (U.K.) Ltd.:
XL Financial Assurance Ltd.:
-- Insurer financial strength to 'BB' from 'A'.
Security Capital Assurance Ltd.:
-- Long-term Issuer to 'B-' from 'BBB';
-- US$250 million fixed/floating series A perpetual non-
cumulative preference shares to 'CCC' from 'BBB-'.
Twins Reefs Pass-Through Trust:
-- US$200 million pass-through trust securities to 'B' from
'BBB'.
Fitch has also removed the affected ratings from Rating Watch
Negative, where they were originally placed on Dec. 12, 2007.
The rating outlook is negative.
The downgrade of Security Capital Assurance Ltd. and its
financial guaranty subsidiaries centers on Fitch's updated
assessment of the company's capital position, a review by Fitch
of the company's current capital enhancement plans, and an
update on Fitch's current views of U.S. subprime related risks.
The downgrade also reflects what Fitch views as the material
erosion in Security Capital's franchise value and competitive
business position following downgrades to well below 'AAA' by
each of the three major rating agencies.
Fitch believes that Security Capital's current level of capital
and claims paying resources is no longer consistent with Fitch's
guidelines for an investment grade insurer financial strength
rating. Fitch currently believes that expected losses on the
company's structured finance collateralized debt obligations (SF
CDO) backed by subprime residential mortgage backed securities
(RMBS) will ultimately fall within a range of about US$3 to US$4
billion. This compares to the company's modeled claims paying
resources and committed external reinsurance coverage of US$4.2
billion as of Dec. 31, 2007. Expected losses reflect Fitch's
current estimates of the range of projected losses over the life
of these transactions, stated on a present value basis. From a
present value perspective, Fitch discounts the expected future
loss rates on SF CDOs by 5% over a two-year period for CDO-
squareds, five years for mezzanine SF CDOs and seven years for
high-grade SF CDOs.
Security Capital recently disclosed that it has unilaterally
terminated seven credit default swap contracts with Merrill
Lynch International under which XL Capital Assurance Inc. had
covered risk of losses on SF CDO transactions. While Fitch is
not in a position to opine on the validity or merits of the
termination, Fitch notes that a ruling in Security Capital's
favor could have meaningful positive impact on the company's
capital position and credit ratings in the future. Projected
losses on the seven SF CDO transactions account for a material
percentage of the aggregate SF CDO expected losses estimated by
Fitch.
According to Security Capital Assurance Ltd., Merrill Lynch
International repudiated the contracts by committing to provide
third parties with the same CDO control rights that it had
previously promised to XL Capital Assurance Inc. Merrill Lynch
disputes the terminations and has filed suit in a United States
District Court to seek legal enforcement of XL Capital's
obligations under the contracts. Fitch believes it could be
several years before the dispute is settled.
Fitch notes that Security Capital has been aiming to restore the
its financial and capital position. In the interim, with the
loss of its top credit ratings and its decision to defer raising
additional capital at the present time, the company has chosen
to forego underwriting new financial guaranty business for the
foreseeable future to preserve capital. The suspension of new
underwriting is expected to help the company's capital position
as the company will benefit from the amortization of existing
insured obligations, some of which exhaust a material amount
of targeted capital.
Favorably, Fitch notes that the company's maintains solid
liquidity, as the company would not be expected to pay a
majority of its claims, particularly on SF CDOs, for many years
into the future. In addition, Security Capital is not subject
to any notable collateral posting or termination provisions that
could effectively accelerate the draw on its existing capital
resources.
Going forward, Fitch believes that it will be very difficult to
stabilize the ratings of Security Capital Assurance Ltd. until
the company can both raise external capital and more effectively
limit the downside risk from its SF CDOs through reinsurance or
other risk mitigation initiatives. Fitch does not anticipate
removing the Negative Rating Outlook over the near-to-
ntermediate-term until the risk of loss on the SF CDOs portfolio
can be more definitively quantified.
Security Capital's claims paying resources as of Dec. 31, 2007,
of US$4.2 billion includes the benefits from a US$500 million
reinsurance policy it maintains with a subsidiary of XL Capital
Ltd., the former majority owner of Security Capital Assurance
Ltd. that now owns 46% of the company. Fitch believes its
current claims paying resources, including benefit of the
reinsurance contract, fall below the agency's targeted 'AAA',
'AA', 'A' and 'BBB' insurer financial strength rating ranges by
these amounts:
-- 'AAA' capital shortfall of US$5.6 to US$5.9 billion;
-- 'AA' capital shortfall of US$3.9 to US$4.5 billion;
-- 'A' capital shortfall of US$1.3 to US$2.5 billion;
-- 'BBB' capital shortfall, US$600 million to US$1.2 billion.
Fitch's analysis of expected losses includes an assumption that
underlying cumulative loss rates on residential mortgages
supporting outstanding subprime residential mortgage-backed
securities (RMBS) pools will average 21% in the 2006 vintage
year and 26% for the 2007 vintage year. These assumed
cumulative loss rates are consistent with those currently used
by Fitch for its ratings of outstanding RMBS transactions. In
order to address the necessary level of capital to support a
financial guarantor at the highest rating levels, expected
losses are further stressed to arrive at 'AA' and 'AAA' capital
thresholds. This is done to capture the risk that losses could
grow higher than expected due to a more severe downturn in the
economy, sharper than expected declines in home prices, higher
than expected loan defaults, or other adverse developments
beyond expectations.
The majority of Security Capital's insured SF CDO transactions
were underwritten in the problematic 2006 and 2007 vintage
years, and US$3.6 billion of these exposures were underwritten
to non-senior tranches of the high-grade CDOs. A majority of
these non-senior transactions have experienced noticeable credit
deterioration and Fitch expects they will ultimately suffer high
loss given defaults, and make up a disproportionate share of the
company's future expected SF CDO losses. All of these non-
senior transactions are part of the aforementioned Merrill Lynch
contracts.
Fitch's assessment of the company's capital adequacy also
incorporates existing deterioration to the company's insured
RMBS portfolio, particularly transactions backed by prime
second-lien mortgages, which totaled approximately US$4.5
billion as of Dec. 31, 2007, and subprime RMBS transactions.
Given current market conditions, many of these transactions have
come under considerable ratings pressure, which increases
capital requirements, and Security Capital Assurance Ltd. is
expected to pay claims on several transactions in the future.
Stress related to permanent credit impairment from both SF CDOs
and RMBS portfolios were largely responsible for Security
Capital posting case basis loss reserves of US$699.4 million in
2007.
The downgrade of the holding company debt ratings reflects
greater uncertainties surrounding Security Capital Assurance
Ltd.'s future earnings and ability to pay dividends on its
US$250 million fixed/floating series A perpetual non-cumulative
preference shares. As the company announced, it deferred the
dividend payment on this security in March 2008.
Fitch will comment on the impact of the downgrade of XL Capital
Assurance Inc.'s insurer financial strength rating on the
ratings of securities insured by XL Capital in a separate
release.
For Dec. 31, 2007, Security Capital reported consolidated GAAP
assets of US$3.6 billion and shareholders equity of
approximately US$427 million. On an aggregated basis net par
outstanding totaled US$165 billion as of Dec. 31, 2007.
Security Capital Assurance Ltd. (NYSE: SCA) --
http://www.scafg.com-- is a Bermuda-domiciled holding company
whose primary operating subsidiaries, XL Capital Assurance Inc.
and XL Financial Assurance Ltd, provide credit enhancement and
protection products to the public finance and structured finance
markets throughout the United States and internationally.
===========
B R A Z I L
===========
ABITIBIBOWATER INC: Abitibi-Consolidated Has Substantial Doubt
--------------------------------------------------------------
AbitibiBowater Inc. disclosed in its 2007 annual report that its
wholly owned subsidiary, Abitibi-Consolidated Inc. "is currently
experiencing a liquidity shortfall and liquidity problems and
there is substantial doubt about Abitibi's ability to continue
as a going concern."
The company's independent auditor, PricewaterhouseCoopers LLP in
Montreal, Quebec, Canada, said, "In the United States, reporting
standards for auditors require the addition of an explanatory
paragraph (following the opinion paragraph) when the financial
statements are affected by conditions and events that cast
substantial doubt on the company's ability to continue as a
going concern."
PwC further said, "Our report to the shareholders dated
March 21, 2008, is expressed in accordance with Canadian
reporting standards which do not permit a reference to such
events and conditions in the auditor's report when these are
adequately disclosed in the financial statements."
Abitibi-Consolidated
Abitibi-Consolidated is currently experiencing a liquidity
shortfall and faces significant near-term liquidity challenges.
For the year ended Dec. 31, 2007, Abitibi reported a net loss of
CDNUS$714 million, negative cash flows from operating activities
of CDNUS$468 million and reported an accumulated deficit of
CDNUS$1.591 billion as at Dec. 31, 2007.
At Dec. 31, 2007, Abitibi-Consolidated's balance sheet showed
CDNUS$6.572 billion in total assets, CDNUS$5.026 billion in
total liabilities, and CDNUS$1.546 billion in total
stockholders' equity.
Abitibi's balance sheet at Dec. 31, 2007, showed strained
liquidity with CDNUS$1.009 billion in total current assets
available to pay CDNUS$1.416 billion in total current
liabilities.
Abitibi has a total of US$346 million of long-term debt that
matures in 2008:
-- US$196 million principal amount of its 6.95% Notes due
April 1, 2008, and
-- US$150 million principal amount of 5.25% Notes due
June 20, 2008, issued by Abitibi-Consolidated Company of \
Canada, a wholly owned subsidiary of Abitibi.
Abitibi also has revolving credit facilities with commitments
totalling US$710 million maturing in the fourth quarter of 2008.
None of these debts have yet been refinanced. These
circumstances lend substantial doubt as to the ability of
Abitibi to meet its obligations as they come due and,
accordingly, substantial doubt as to the appropriateness of the
use of accounting principles applicable to a going concern.
To address these near-term liquidity challenges, Abitibi, and
its parent company, AbitibiBowater Inc., have developed a
refinancing plan to address upcoming debt maturities and general
liquidity needs designed to enable Abitibi to repay the US$346
million due in April and June 2008 and to repay all its
maturities due in 2009, while continuing to fund Abitibi's
operations, debt service and capital expenditures, so it can
continue as a going concern.
This refinancing plan is expected to consist of:
-- a US$200 million to US$300 million of new senior unsecured
exchange notes due 2010;
-- up to US$450 million of a new 364-day senior secured term
loan secured by substantially all of Abitibi's assets
other than fixed assets;
-- approximately US$400 million of new senior secured notes
or a term loan due 2011 secured by fixed assets; and
-- US$200 million to US$300 million of new convertible notes
of AbitibiBowater.
The current state of the credit markets is a significant
impediment to securing the necessary financing for Abitibi.
Amended 2007 Annual Report
AbitibiBowater Inc. filed on March 20, 2008, an amended annual
report on Form 10-K for the fiscal year ended Dec. 31, 2007,
that was originally filed on March 17, 2008.
for the purpose of making minor revisions to
-- insert the name and electronic signature of the
Independent Registered Accounting Firm, and
-- make certain minor edits and conforming changes, including
changes to its Feb. 29, 2008, cash balance disclosures.
In addition, AbitibiBowater is also including as exhibits to
this Amendment the certifications required pursuant to Sections
302 and 906 of the Sarbanes-Oxley Act of 2002.
AbitibiBowater Financials
For the year ended Dec. 31, 2007, AbitibiBowater posted a
US$490 million net loss on US$3.876 billion of sales as compared
with a US$138 million net loss on US$3.530 billion of sales for
the same period in 2006.
At Dec. 31, 2007, AbitibiBowater's balance sheet showed
US$10.319 billion in total assets, US$8.420 billion in total
liabilities, and US$1.899 in total stockholders' equity.
AbitibiBowater's balance sheet at Dec. 31, 2007, showed strained
liquidity with US$2.142 billion in total current assets
available to pay US$2.178 billion in total current liabilities.
Full-text copies are available for free at:
-- 2007 annual report of AbitibiBowater Inc.
http://ResearchArchives.com/t/s?2983
-- 2007 amended 2007 annual report of AbitibiBowater Inc.
http://ResearchArchives.com/t/s?2984
-- audited financial statements of Abitibi-Consolidated Inc.
http://ResearchArchives.com/t/s?2985
About AbitibiBowater
Headquartered in Montreal, Quebec, with a regional office in
Greenville, South Carolina, AbitibiBowater is North America's
leader in newsprint and commercial printing papers. The company
also produces lumber and market pulp. The company was formed
from the merger of Abitibi and Bowater Inc, in October 2007.
AbitibiBowater owns or operates 27 paper and pulp facilities
(excluding the Snowflake, Arizona newsprint mill) and 31 wood
products facilities located in the United States, Canada, the
United Kingdom and South Korea.
Following the required divestiture agreed to with the U.S.
Department of Justice, AbitibiBowater will own or operate 27
pulp and paper facilities and 35 wood products facilities
located in the United States, Canada, the United Kingdom and
South Korea. The company also has newsprint sales offices in
Brazil and Singapore. The company's shares also trade at the
Toronto Stock Exchange under the stock symbol ABH.
ABITIBIBOWATER INC: Moody's Rates Unit's US$450 Mil. Loan at B1
---------------------------------------------------------------
Moody's Investors Service assigned a B1 rating to the proposed
new US$450 million secured term loan at Abitibi-Consolidate
Inc's subsidiary Abitibi-Consolidated Company of Canada. At the
same time, Moody's affirmed Abitibi's corporate family rating of
Caa1, the probability-of-default rating of Caa3, the senior
unsecured ratings of Caa2 and the B1 rating assigned to the new
US$415 million secured notes due 2011. In addition, Abitibi's
speculative grade liquidity rating was affirmed at SGL-4 and the
rating outlook remains negative.
The secured term loan will have a maturity of 364 days and will
be guaranteed by Abitibi and certain subsidiaries. At closing,
the loan will be primarily secured by ACCC's eligible accounts
receivables and inventory. Following the close, additional
assets, including the fixed assets of the Alabama River
Newsprint Company, will also be pledged to secure the term loan.
Because of the benefits of its security package, the term loan
was assigned a rating three notches above the corporate family
rating. Concurrent with the US$450 million secured term loan,
ACCC and AbitibiBowater are undertaking several other financing
transactions totaling approximately US$1.4 billion. Completion
of the secured term loan is conditional upon receipt of at least
US$1.2 billion in aggregate proceeds from the refinancing plan.
Proceeds from the refinancing plan will be used to repay
existing debt, pay transaction costs and provide liquidity.
The corporate family rating of Abitibi reflects the company's
high debt levels, its weakened liquidity profile and the
company's significant refinancing risk. The rating incorporates
the company's weak credit protection measures due to the
declining demand for newsprint, the deteriorating markets for
their sawmill operations, rising input costs and the strong
Canadian dollar. Abitibi's credit profile is supported by the
company's large scale and the expectation of improved cash flow
from recent industry newsprint capacity reductions supporting
the recently announced newsprint price increases.
The negative rating outlook reflects the potential for further
downward ratings adjustment due to the risk associated with the
refinancing plan and the resulting impact it would have on
liquidity should it fail to be completed in the amounts and
expected timeframe.
Assignments:
Issuer: Abitibi-Consolidated Company of Canada
-- Senior Secured Bank Credit Facility, Assigned a range of 08
-
LGD1 to B1
Moody's last rating action on Abitibi was on March 17, 2008,
when the corporate family ratings of AbitibiBowater Inc.'s
subsidiaries Abitibi and Bowater Incorporated were downgraded to
Caa1 from B2. At the same time, Moody's downgraded the
probability-of-default rating of Abitibi to Caa3 from B2 and the
probability-of-default rating of Bowater to Caa1 from B2.
Moody's assigned a B1 rating to the new US$415 million secured
notes due 2011 at Abitibi and downgraded the senior unsecured
ratings for bonds and debentures issued by Abitibi and Bowater
to Caa2 from B3.
Headquartered in Montreal, Quebec, with a regional office in
Greenville, South Carolina, AbitibiBowater is North America's
leader in newsprint and commercial printing papers. The company
also produces lumber and market pulp. The company was formed
from the merger of Abitibi and Bowater Inc, in October 2007.
AbitibiBowater owns or operates 27 paper and pulp facilities
(excluding the Snowflake, Arizona newsprint mill) and 31 wood
products facilities located in the United States, Canada, the
United Kingdom and South Korea.
Following the required divestiture agreed to with the U.S.
Department of Justice, AbitibiBowater will own or operate 27
pulp and paper facilities and 35 wood products facilities
located in the United States, Canada, the United Kingdom and
South Korea. The company also has newsprint sales offices in
Brazil and Singapore. The company's shares also trade at the
Toronto Stock Exchange under the stock symbol ABH.
AFFILIATED COMPUTER: Communications Dev't. Buyout to Augment Biz
----------------------------------------------------------------
Affiliated Computer Services Inc. acquired Communications
Development Inc., provider of outsourced marketing, consulting,
and advertising services to the transportation industry.
"This acquisition strengthens our position as a leading provider
of responsive, reliable, and flexible recruiting, retention, and
marketing services and solutions to the transportation
industry," Tom Blodgett, group president of ACS Business Process
Solutions, said. "In addition to building scale and opening
additional opportunities to provide incremental BPO services to
our existing clients, Communications Development will enhance
our ability to compete for new business from larger carriers."
Communication Development's operations will be consolidated with
those of ACS Expedited Solutions, providers of TripPak
SERVICES(TM), a trucking document delivery, processing,
scanning, and storage solution, and ACS MultiMedia Advertising.
Together they will supply marketing, advertising, and retention
solutions tailored to the unique needs of the long-haul trucking
and transportation market.
"Bringing these two highly regarded, highly successful companies
together improves our ability to help our clients achieve their
long-term goals," Trish Groves, president and CEO of
Communications Development, said. "Our clients will continue to
receive the responsive service they have come to expect, while
also gaining efficiencies, advanced technologies, and the
support of a reputable Fortune 500 company. We are excited
about the possibilities."
About Communications Development Inc.
Headquartered in Maumelle, Arkansas, Communications Development
Inc. is a full-service agency that manages all forms of media
placement, including newspaper, magazine, internet, and
satellite radio. Founded in 1990, the company's portfolio of
services includes public relations, event planning, and creative
design. Its many clients include IdleAire Technologies,
National Freight Industries, and extensive relationships with
Sirius Satellite Radio. All of Communications Development's
employees will transition to ACS.
About Affiliated Computer
Headquartered in Dallas, Texas, Affiliated Computer Services
Inc. (NYSE:ACS) -- http://www.acs-inc.com/-- provides business
process outsourcing and information technology services to
commercial and government clients. The company has two segments
based on the clients it serves: commercial and government. The
company provides services to a variety of clients including
healthcare providers and payers, manufacturers, retailers,
wholesale distributors, utilities, entertainment companies,
higher education institutions, financial institutions, insurance
and transportation companies. The company has global operations
in Brazil, China, Dominican Republic, India, Guatemala, Ireland,
Philippines, Poland, and Singapore.
* * *
As reported in the Troubled Company Reporter-Latin America on
Jan. 30, 2008, Moody's Investors Service confirmed Affiliated
Computer Services' Ba2 corporate family rating with a stable
rating outlook. This rating confirmation concludes a review for
possible downgrade initiated on March 20, 2007. The ratings of
ACS remained under review for possible downgrade.
BANCO BMG: Secures BRL1 Billion Loan from UBS Pactual
-----------------------------------------------------
Banco BMG has secured a five-year, two-part loan from UBS
Pactual for BRL1 billion.
According to Banco BMG, the first part of the loan, which is
BRL600 million, will be given to the bank this week.
Banco BMG told Business News Americas that the date for the
second installment will still be determined.
Banco BMG wants to offer housing loans with payments deducted
directly from borrowers' paychecks, similar to payroll and
retirement loans, BNamericas states.
Banco BMG is the banking arm of Grupo BMG, which also has real
estate, food manufacturing and agro industry holdings. The bank
is a niche player focused on loans to civil servants, with
repayments taken monthly from payrolls. BMG operates mainly
through in-house representatives in state companies. It also
offers leasing and asset management services.
* * *
As reported in the Troubled Company Reporter-Latin America on
June 26, 2007, Standard & Poor's Ratings Services raised its
long-term counterparty credit rating on Banco BMG S.A. to 'BB-'
from 'B+'. The rating was removed from CreditWatch Positive
where it was placed June 11, 2007. S&P said the outlook is
stable.
On March 10, 2008, Moody's Investors Rating gave Banco BMG's
US$250 million issue a Ba1 long-term foreign currency debt
rating with a stable outlook and the bank's US$1 billion note
program a Ba1 long-term foreign currency rating with a stable
outlook and a Not Prime short-term foreign currency rating.
BANCO DO BRASIL: Must Pay BRL400MM Back Wages, Labor Court Says
---------------------------------------------------------------
Published reports in Brazil say that the Brazilian federal labor
court Tribunal Superior do Trabalho has ordered Banco do Brasil
to pay some BRL400 million in back wages to 385 bank workers in
Amazonas.
Business News Americas relates that the case dates back to 1988,
when Banco do Brasil employees filed a complaint seeking for
bonuses identical to those given to central bank workers.
According to BNamericas, Banco do Brasil may file an appeal
against the ruling to the supreme court.
This year Banco do Brasil won a case in Rio de Janeiro where
about 12,000 workers sued the bank for BRL14 billion in
compensation, BNamericas notes.
Banco do Brasil is Brazil's federal bank and is the largest in
Latin America with some 20 million clients and more than 7,000
points of sale (3,200 branches) in Brazil, and 34 offices and
partnerships in 26 other countries. In addition to its
traditional retail banking services, Banco do Brasil underwrites
and sells bonds, conducts asset trading, offers investors
portfolio management services, conducts financial securities
advising, and provides market analysis and research.
* * *
On Feb. 29, 2008, Moody's Investors Rating Service assigned a
Ba2 foreign currency deposit rating to Banco do Brasil.
CA INC: Appoints Michael Christenson as President
-------------------------------------------------
CA, Inc. has named Michael J. Christenson as its president. He
continues as the company's chief operating officer and reports
to CA Chief Executive Officer John Swainson.
"Since being named as chief operating officer nearly two years
ago, Mike has overhauled CA's sales operations and established a
more dynamic and efficient organization, focusing on
establishing strong partnerships with our current and new
customers to drive revenue growth," said Swainson. "In addition,
Mike has led CA's efforts to significantly improve its technical
support, services, strategic alliances and training
capabilities."
As president and chief operating officer, Christenson oversees
CA's direct and indirect sales, CA Services, technical support,
business development and strategic alliances.
Christenson joined CA in February 2005 as executive vice
president for Strategy and Business Development. In that role,
he led CA's acquisition program and its integration team in the
successful acquisition and integration of 15 companies with a
total investment of US$1.8 billion. These acquisitions, which
included such companies as Concord Communications, Niku, and
Wily Technology, significantly strengthened CA's solution
portfolio and made CA a stronger technology partner for its
customers. He was named CA?s COO in April 2006.
Following a 23-year career as an investment banker, Christenson
retired from Citigroup Global Markets, Inc. in 2004.
Christenson earned a Bachelor of Arts degree in chemistry from
Rutgers University and a Master of Business Administration
degree in finance from The New York University Graduate School
of Business.
About CA Inc.
Based in Islandia, New York, CA Inc. (NYSE:CA) --
http://www.ca.com/-- is an information technology management
software company that unifies and simplifies the management
ofenterprise-wide IT. Founded in 1976, CA serves customers in
more than 140 countries. The company has operations in Brazil,
Indonesia, Luxembourg, Philippines and Thailand.
* * *
As reported in the Troubled Company Reporter-Latin America on
March 25, 2008, Standard & Poor's Ratings Services placed its
'BB' corporate credit and senior unsecured debt ratings on
Islandia, New York-based CA Inc. on CreditWatch with positive
implications.
As reported in the Troubled Company Reporter-Latin America on
Dec. 19, 2007, Fitch Ratings affirmed CA, Inc's Issuer Default
Rating at 'BB+'; Senior unsecured revolving credit facility at
'BB+'; and Senior unsecured debt at 'BB+'.
Additionally, Fitch revised the Rating Outlook on CA Inc. to
Stable from Negative. Fitch's actions affect approximately
US$2.8 billion of total debt, including the company's
US$1.0 billion revolving credit facility.
CENTRAIS ELETRICAS: Won't Allow Competition in Units
----------------------------------------------------
Centrais Eletricas Brasileiras S.A. aka Eletrobras won't let its
units compete against one another for contracts, Business News
Americas reports.
According to BNamericas, Brazilian Mines and Energy Minister
Edison Lobao made the decision.
BNamericas relates that this year's auction for the construction
and operation of a 3.3-gigawatt Jirau hydro plant on Brazil's
Madeira river will be the last time Eletrobras' subsidiaries
will compete against each other.
Eletrobras' Investor Relations Executive Astrogildo Quental said
in a Web cast that the subsidiaries are able to compete
separately for Jirau because they previously made deals to do
so.
Centrais Eletricas Brasileiras SA aka Eletrobras operates in the
electric power sector in Brazil. The objective of Eletrobras is
to perform activities involving studies, projects, construction
and operation of electric power plants, transmission and
distribution lines as well as underlying trade operations
arising therefrom. Eletrobras is tasked with the preparation of
studies and with drawing up construction projects for
hydroelectric generation, transmission lines and substations to
supply Brazil. It engages areas involving granting loans and
financing, providing guarantees, locally or abroad, and
acquiring debentures of companies and holders of public electric
power services under their control; providing loans and
guarantees, locally or abroad, for technical and scientific
research institutions; and promoting and supporting researches
relating to the power sector, linked to the generation,
transmission and distribution of electric power.
* * *
As reported in the Troubled Company Reporter-Latin America on
May 22, 2007, Standard & Poor's Ratings Services raised its
long-term foreign currency counterparty credit rating on
Centrais Eletricas Brasileiras S.A. aka Eletrobras to 'BB+' from
'BB'. S&P said that outlook is positive.
DELPHI CORP: Court OKs US$46.2M Wheel Bearing Biz Sale to Kyklos
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
authorized Delphi Corp. and its debtor-affiliates to sell their
global wheel bearings business to Kyklos Bearing International,
Inc., formerly known as Kyklos, Inc., for US$46.2 million plus
other consideration.
As reported in the Troubled Company Reporter on Feb. 22, 2008,
Kyklos, a wholly owned subsidiary of Hephaestus Holdings, Inc.,
was declared the successful bidder during the Court-approved
auction of the Bearings Business.
In January 2008, Delphi Automotive Systems LLC and Delphi
Technologies, Inc., debtor-subsidiaries of Delphi Corp., planned
to sell their global bearings business to ND Acquisition Corp.,
or to another party submitting a higher and better offer for the
business. ND Acquisition, a wholly owned subsidiary of private
equity investment firm Resilience Capital Partners LLC, agreed
to submit a stalking horse bid of US$44,200,000, subject to
adjustments, for the Bearings Business.
A full-text copy of the Sale and Purchase Agreement between the
Debtors and Kyklos, dated Feb. 19, 2008, is available for free
at: http://bankrupt.com/misc/Delphi_KyklosBearingsSalePact.pdf
Any and all objections to the Sale not waived, withdrawn or
resolved are overruled with prejudice.
Headquartered in Troy, Michigan, Delphi Corporation (PINKSHEETS:
DPHIQ) -- http://www.delphi.com/-- is the single supplier of
vehicle electronics, transportation components, integrated
systems and modules, and other electronic technology. The
company's technology and products are present in more than
75 million vehicles on the road worldwide. Delphi has regional
headquarters in Japan, Brazil and France.
The company filed for chapter 11 protection on Oct. 8, 2005
(Bankr. S.D.N.Y. Lead Case No. 05-44481). John Wm. Butler Jr.,
Esq., John K. Lyons, Esq., and Ron E. Meisler, Esq., at Skadden,
Arps, Slate, Meagher & Flom LLP, represent the Debtors in their
restructuring efforts. Robert J. Rosenberg, Esq., Mitchell A.
Seider, Esq., and Mark A. Broude, Esq., at Latham & Watkins LLP,
represents the Official Committee of Unsecured Creditors. As of
March 31, 2007, the Debtors' balance sheet showed
US$11,446,000,000 in total assets and US$23,851,000,000 in total
debts.
The Court approved Delphi's First Amended Joint Disclosure
Statement and related solicitation procedures for the
solicitation
of votes on the First Amended Plan on Dec. 20, 2007. The Court
confirmed the Debtors' First Amended Plan on Jan. 25, 2008.
(Delphi Bankruptcy News, Issue No. 120; Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000)
* * *
As reported in the Troubled Company Reporter-Latin America on
March 18, 2008, Standard & Poor's Ratings Services still expects
to assign a 'B' corporate credit rating to Delphi Corp. if the
company emerges from bankruptcy in early April.
S&P revised its expected issue-level ratings because changes to
the structure of the proposed financings have affected relative
recovery prospects among the various term loans. S&P's expected
ratings are:
-- The US$1.7 billion "first out" first-lien term loan B-1 is
expected to be rated 'BB-' (two notches higher than the
expected corporate credit rating on Delphi), with a '1'
recovery rating, indicating the expectation of very high
(90%-100%) recovery in the event of payment default.
-- The US$2 billion "second out" first-lien term loan B-2 is
expected to be rated 'B' (equal to the corporate credit
rating), with a '4' recovery rating, indicating the
expectation of average (30%-50%) recovery in the event of
payment default.
-- The US$825 million second-lien term loan is expected to be
rated 'B-' (one notch lower than the corporate credit
rating), with a '5' recovery rating, indicating the
expectation of modest (10%-30%) recovery in the event of
payment default.
As reported in the Troubled Company Reporter-Latin America on
Jan. 16, 2008, Moody's Investors Service assigned ratings to
Delphi Corporation for the company's financing for emergence
from Chapter 11 bankruptcy protection as: Corporate Family
Rating of (P)B2; US$3.7 billion of first lien term loans,
(P)Ba3; and US$0.825 billion of 2nd lien term debt, (P)B3. In
addition, a Speculative Grade Liquidity rating of SGL-2
representing good liquidity was assigned. The outlook is
stable.
FORD MOTOR: Sells Jaguar & Land Rover to Tata Motors for US$2.3B
----------------------------------------------------------------
Ford Motor Company has entered into a definitive agreement to
sell its Jaguar and Land Rover operations to Tata Motors for
US$2.3 billion.
The transaction is the culmination of Ford's decision last
August to explore strategic options for the Jaguar and Land
Rover businesses, as the company accelerates its focus on its
core Ford brand and "One Ford" global transformation.
The sale is expected to close by the end of the next quarter and
is subject to customary closing conditions, including receipt of
applicable regulatory approvals.
The total amount to be paid in cash by Tata Motors for Jaguar
and Land Rover upon closing will be approximately US$2.3
billion. At closing, Ford will then contribute up to US$600
million to the Jaguar and Land Rover pension plans.
Bloomberg News reports that Ford is selling its luxury brands to
Tata for half the price. Bloomberg says Ford acquired Jaguar
and Land Rover in separate transactions for more than US$2
billion each.
"Jaguar and Land Rover are terrific brands," Alan Mulally,
president and CEO, Ford Motor Company, said. "We are confident
that they are leaving our fold with the products, plan and team
to continue to thrive under Tata's stewardship. Now, it is time
for Ford to concentrate on integrating the Ford brand globally,
as we implement our plan to create a strong Ford Motor Company
that delivers profitable growth for all."
"This is a good agreement. It provides the Jaguar Land Rover
management team and employees with the assurances needed to
maintain their focus on delivering the best results for the
business," Lewis Booth, executive vice president, Ford Motor
Company, who has responsibility for Ford Europe, Volvo, Jaguar
Land Rover, said. "I am confident that, under its new owner,
Jaguar Land Rover will continue to build upon the significant
improvements and product successes it has achieved in recent
years."
As part of the transaction, Ford will continue to supply Jaguar
and Land Rover for differing periods with powertrains, stampings
and other vehicle components, in addition to a variety of
technologies, such as environmental and platform technologies.
Ford also has committed to provide engineering support,
including research and development, plus information technology,
accounting and other services.
In addition, Ford Motor Credit Company will provide financing
for Jaguar and Land Rover dealers and customers during a
transitional period, which can vary by market, of up to 12
months.
The parties believe these arrangements will support Jaguar and
Land Rover's current product plans, while providing Jaguar and
Land Rover freedom to develop its own stand-alone capabilities
in the future that will best serve its premium manufacturer
requirements.
The parties do not anticipate any significant changes to Jaguar
and Land Rover employees' terms of employment on completion.
"We are very pleased at the prospect of Jaguar and Land Rover
being a significant part of our automotive business," Mr. Ratan
N. Tata, Chairman of Tata Sons and Tata Motors, commented. "We
have enormous respect for the two brands and will endeavor to
preserve and build on their heritage and competitiveness,
keeping their identities intact. We aim to support their
growth, while holding true to our principles of allowing the
management and employees to bring their experience and expertise
to bear on the growth of the business."
Jaguar and Land Rover's employees, trade unions and the UK
Government have been kept informed of developments as the sale
process progressed and have indicated their support for the
agreement.
"Jaguar Land Rover's management team is very pleased that Ford
and Tata Motors have come to an agreement," speaking on behalf
of Jaguar and Land Rover, Geoff Polites, chief executive
officer, said. "Our team has been consulted extensively on the
deal content and feels confident that it provides for the
business needs of both our brands going forward.
"We have also had the opportunity to meet senior executives from
Tata Motors and the Tata group," Mr. Polites continued. "They
have expressed confidence in the team that has delivered
significant improvements in Jaguar Land Rover's business
performance. We feel confident that we can forge a strong
working relationship with our new parent company, and we look
forward to a bright and successful future for Jaguar Land
Rover."
About Tata Motors
India's largest automobile company, Tata Motors Limited --
http://www.tatamotors.com/-- is mainly engaged in the business
of automobile products consisting of all types of commercial and
passenger vehicles, including financing of the vehicles sold by
the company. The Company's operating segments consists of
Automotive and Others. In addition to its automotive products,
it offers construction equipment, engineering solutions and
software operations. Tata Motors has operations in Russia and
the United Kingdom.
About Ford Motor
Headquartered 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 and Brazil.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 15, 2008, Fitch Ratings affirmed the Issuer Default Ratings
of Ford Motor Company and Ford Motor Credit Company at 'B', and
maintained the Rating Outlook at Negative.
As reported in the Troubled Company Reporter on Nov. 19, 2007,
Moody's Investors Service affirmed the long-term ratings of Ford
Motor Company (B3 Corporate Family Rating, Ba3 senior secured,
Caa1 senior unsecured, and B3 probability of default), but
changed the rating outlook to Stable from Negative and raised
the company's Speculative Grade Liquidity rating to SGL-1 from
SGL-3. Moody's also affirmed Ford Motor Credit Company's B1
senior unsecured rating, and changed the outlook to Stable from
Negative. These rating actions follow Ford's announcement of
the details of the newly ratified four-year labor agreement with
the United Auto Workers.
INTERMEC INC: Narrow Business Profile Prompts S&P's 'BB-' Rating
----------------------------------------------------------------
Standard & Poor's Ratings Services revised its outlook on
Everett, Washington-based Intermec Inc. to positive from stable,
reflecting recently improved revenue and profitability and a
substantial reduction in leverage. The corporate credit rating
was affirmed at 'BB-'.
"The rating on Intermec reflects a relatively narrow business
profile, competitive market conditions, evolving technology
standards, and a short track record at current profitability
levels," said Standard & Poor's credit analyst Clay Ching.
"These factors are offset partially by an improving financial
profile, a diversified customer base, and a good market
position, supported by a strong patent portfolio."
Intermec Inc. -- http://www.intermec.com/-- develops,
manufactures and integrates technologies that identify, track
and manage supply chain assets. Core technologies include RFID,
mobile computing and data collection systems, bar code printers
and label media.
The company has locations in Australia, Bolivia, Brazil, China,
France, Hong Kong, Singapore and the United Kingdom.
TAM SA: Sets Record For Transporting 100,500 Passengers in a Day
----------------------------------------------------------------
TAM Linhas Aereas reached a record of 100,500 passengers
transported on their domestic and international flights,
including regular scheduled flights and charters, in a single
day on March 24, following the Easter holiday, according to
preliminary company data. The aircraft total load factor was
81.2% for the day.
"We are happy to have reached this point, which strengthens our
market leadership and stimulates us still further in our
constant striving for excellent service for our customers -- a
public commitment we have undertaken," said TAM president,
Captain David Barioni Neto.
The previous single day record was recorded by the company on
Dec. 22, 2007, when 93,757 passengers were transported on the
company's domestic and international flights. The average
occupancy for TAM flights on that date was 84.2%.
TAM is retaining its leadership position in the domestic market
with respect to the segment of international flights operated by
Brazilian airlines. Cumulatively for the first two months of
this year, TAM's market share for domestic flights stood at
49.4%, while the company's international flights reached a
market share of 67.1% during the same period.
TAM currently -- http://www.tam.com.br/-- has business
agreements with the regional airlines Pantanal, Passaredo,
Total and Trip. As of Jan. 14, the daily flight on the Corumba
-- Campo Grande route in Mato Grosso do Sul began to be operated
by a partnership with Trip. With the expansion of the agreement
with NHT, TAM will now be serving 82 destinations in Brazil, 45
of which with its own flights. In addition, the company is
strengthening its presence in Rio Grande do Sul and Santa
Catarina.
* * *
On July 23, 2007, Fitch Ratings affirmed the 'BB' foreign
currency and local currency Issuer Default Ratings of TAM
S.A. Fitch has also affirmed the 'BB' rating of its US$300
million of senior unsecured notes due 2017 as well as the
company's 'A+(bra)' national scale rating and for its first
debentures issuance (BRL500 million). Fitch said the rating
outlook is stable.
TAM SA: Podhurst Orseck Files Lawsuits for July 2007 Disaster
-------------------------------------------------------------
Podhurst Orseck's internationally recognized aviation attorneys,
Steven C. Marks and Ricardo M. Martinez-Cid have filed a series
of lawsuits on behalf of families of passengers killed in
Brazil's worst airline disaster. On July 17, 2007, 199 people
perished when TAM Airlines Flight 3054 slid off the runway at
Congonhas Airport and slammed into an air cargo building in Sao
Paulo. The Podhurst attorneys filed 59 wrongful death
complaints related to the catastrophe in the United States
District Court for the Southern District of
Florida.
In addition to TAM, which is charged with its own negligence and
that of its pilots and maintenance personnel, the defendants in
the lawsuits are Pegasus Aviation IV, Inc.; Airbus S.A.S.;
Airbus Industrie G.I.E.; Airbus Customer Services, Inc.;
Goodrich Corporation; and International Aero Engines AG.
"Responsibility not only lies with the companies that
manufactured and handled maintenance for the aircraft," said
Atty. Marks, "We believe Airbus provided inadequate customer
support, simulator services, and training materials for the
pilots and flight crew that replicates the performance of the
aircraft in all normal and abnormal conditions."
Atty. Marks said it's clear the flight crew knew there were
problems with the aircraft before the disaster because the
plane's right thrust reverser had been deactivated before the
flight.
"The thrust reverser is used to slow the jet down upon landing.
Without an operational right thrust reverser, it didn't have
enough room to stop on the runway, ending in a horrific crash
when the plane skidded off the runway's edge," Atty. Marks
added.
Podhurst Orseck filed the first lawsuit related to the crash on
behalf of the family of 35-year-old Ricardo Tazoe of Miami, an
employee with Banco Santander. In all of the cases, the
plaintiffs are seeking a jury trial to recover financial damages
for pain and suffering; lost value of life; funeral expenses;
and all other damages they may be entitled to under the law.
Atty. Marks and Atty. Martinez-Cid have extensive experience
handling Brazilian aviation matters. They currently represent
the families of numerous passengers who were killed when Gol
Transportes Aeros Flight #1907 collided with an Embraer Legacy
600 business jet over the Amazon Rainforest in September 2006.
They have represented victims in countless significant major
commercial airline crashes, including those killed in the crash
of Comair Flight 5191 at the Blue Grass Airport in Lexington,
Kentucky in August 2006. Atty. Marks has acted as co-lead trial
counsel for the California State Court plaintiffs after a Silk
Air crash between Jakarta and Singapore in 1997, successfully
obtaining one of the most significant and largest verdicts in a
mass disaster aviation case, and acting as lead liaison counsel
for the state court and federal multi- district litigation
plaintiffs' steering committees over the ValuJet Flight 592
crash in Miami-Dade County in 1996.
About Podhurst Orseck
Based in Miami, Podhurst Orseck, P.A. -- http://www.podhurst.com
-- is a law firm which concentrates exclusively in trial and
appellate litigation. The firm's general tort practice places a
major emphasis on aviation, automobile, products liability and
medical malpractice litigation. In addition, the firm has a
substantial practice in commercial, matrimonial and criminal
litigation, as well as complex commercial tort litigation.
Attorneys serve clients and corporations throughout the United
States, and in many foreign countries.
About TAM SA
TAM currently -- http://www.tam.com.br/-- has business
agreements with the regional airlines Pantanal, Passaredo,
Total and Trip. As of Jan. 14, the daily flight on the Corumba
-- Campo Grande route in Mato Grosso do Sul began to be operated
by a partnership with Trip. With the expansion of the agreement
with NHT, TAM will now be serving 82 destinations in Brazil, 45
of which with its own flights. In addition, the company is
strengthening its presence in Rio Grande do Sul and Santa
Catarina.
* * *
On July 23, 2007, Fitch Ratings affirmed the 'BB' foreign
currency and local currency Issuer Default Ratings of TAM S.A.
Fitch has also affirmed the 'BB' rating of its US$300 million of
senior unsecured notes due 2017 as well as the company's
'A+(bra)' national scale rating and for its first debentures
issuance (BRL500 million). Fitch said the rating outlook is
stable.
TELE NORTE: Schedules General Shareholders' Meeting on April 4
--------------------------------------------------------------
Tele Norte Leste Participacoes S.A.'s board of directors has
informed the company?s shareholders for a General Shareholders?
Meeting to be held on April 4, 2008, at 5:30 pm, at the
company?s headquarters located in the city of Rio de Janeiro,
RJ, at Rua Humberto de Campos, 425, 8th floor, Leblon.
The board will discuss the following:
(i) Analysis, discussion and approval of the company?s
Financial Statements, Management Report and Report of
Independent Auditors of the company for the fiscal year
ending Dec. 31, 2007;
(ii) Approval of management?s proposal for the allocation of
net income and the distribution of dividends, taking
into account the interest on capital declared during the
fiscal year ending Dec. 31, 2007, the payment of profit
sharing to the employees in accordance with article 41
of the company?s By-Laws and the capital expenditures
budget;
(iii) Election of the members of the company?s Board of
Directors in complementation of term in accordance with
article 150 of Law No. 6,404 (Brazilian corporate law);
(iv) Election of the members of the company?s Fiscal
Committee and their respective alternates; and
(v) Establishment of fiscal year 2008 compensation for the
company?s management and members of the company?s Fiscal
Committee.
In addition, the extraordinary shareholders? meeting will
include analysis, discussion and approval of the management?s
proposal for the maximum limits to be declared as Interest on
Capital for the fiscal year 2008, of up to BRL$700 million.
The company disclosed that the documentation related to the
agenda of the General Shareholders? Meeting is available at the
company?s headquarters.
All powers of attorney to vote at the General Shareholders?
Meeting (proxy voting) must be submitted to the Company?s legal
department (Diretoria Juridica) located in the City of Rio de
Janeiro, RJ, at Rua Humberto de Campos, 425, 6th floor, Leblon,
from 9:00 am to 12:00 pm and from 2:00 pm to 6:00 pm, until
March 31, 2008.
Shareholders of voting shares (ON?s) whose shares are registered
with a custodian agent who wish to vote their shares at the
General Shareholders? Meeting, must present a statement issued
as of March 31, 2008, by the custodial agent, indicating the
amount of shares of the company held by the shareholders as of
said date.
Headquartered in Rio de Janeiro, Brazil, Tele Norte Leste
Participacoes SA -- http://www.telemar.com.br-- is a provider
of fixed-line telecommunications services in South America. The
company markets its services under its Telemar brand name. Tele
Norte's subsidiaries include Telemar Norte Leste SA; TNL PCS SA;
Telemar Internet Ltda.; and Companhia AIX Participacoes SA.
* * *
As reported on April 27, 2007, Standard & Poor's Ratings
Services placed on CreditWatch with negative implications the
'BB+' corporate credit rating on Tele Norte Leste Participacoes
S.A. The creditwatch resulted from TmarPart's decision to buy
out its holding company's preferred shares.
USINAS SIDERURGICAS: Issues 4th Qtr. 2007 Earnings Webcast Alert
----------------------------------------------------------------
Usinas Siderurgicas de Minas Gerais S.A. a.k.a. USIMINAS
reported these Webcast:
What: Fourth Quarter 2007 Results Conference Call, which
will be released on March 27, 2008, before the
opening of Bovespa's trading session
When: Friday, March 28, 2008 at 9:00 AM EST in Portuguese
and 11:00 AM EST in English
Where: http://prnewswire.isat.com.br/?palestra_id=240
How: Simply log on to the web at the address above.
Contact: Usiminas Investor Relations,
Tel. Number: +55 (31) 3499-8856 or
web site: investidores@usiminas.com.br
Headquartered in Minas Gerais, Brazil, Usinas Siderurgicas de
Minas Gerais SA -- http://www.usiminas.com.br-- is among the
world's 20 largest steel manufacturing complexes, with a
production capacity of approximately 10 million tons of steel.
Usiminas System companies produces galvanized and non-coated
flat steel products for the automotive, small and large diameter
pipe, civil construction, hydro-electronic, rerolling,
agriculture, and road machinery industries. Brazil consumes 80%
of its products and the company's largest export markets are the
US and Latin America. The company also sells in China and
Japan.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 5, 2008, Moody's Investors Service assigned a Ba1 local
currency rating and an Aa1.br rating on its Brazilian national
scale to the BRL500 million non-guaranteed subordinated
debentures due 2013 to be issued by Usinas Siderurgicas de Minas
Gerais S.A. (aka Usiminas). Net proceeds from the debentures
issuance will be used to partially fund the company's capex
program. Moody's said the rating outlook is stable.
==========================
C A Y M A N I S L A N D S
==========================
HEADSTRONG XXX: Proofs of Claim Filing Deadline is April 1
----------------------------------------------------------
Headstrong XXX's creditors have until April 1, 2008, to
prove their claims to Eleni Bourodimos, the company's
liquidator, or be excluded from receiving any distribution or
payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
Headstrong XXX's shareholders agreed on Oct. 31, 2007, to place
the company into voluntary liquidation under The Companies Law
(2004 Revision) of the Cayman Islands.
The liquidator can be reached at:
Eleni Bourodimos
c/o P.O. Box 822, George Town
Grand Cayman KY1-1103, Cayman Islands
Contact for inquiries:
Woodward Terry & Company
Suite #10 2nd Floor, Jack & Jill Building
19 Fort Street, Grand Cayman
Cayman Islands
Telephone: 345-945-2800
Fax: 345-945-2727
HEADSTRONG XXX: Sets Final Shareholders Meeting for April 1
-----------------------------------------------------------
Headstrong XXX will hold its final shareholders' meeting on
April 1, 2008, at 10:00 a.m., at the offices of the company at
Suite #10, 2nd Floor, Jack & Jill Building, 19 Fort Street, P.O.
Box 822, George Town, Grand Cayman KY1-1103, Cayman Islands.
These matters will be taken up during the meeting:
1) accounting of the winding-up process;
2) hearing of any explanation that may be given by
the liquidator in respect of the winding up of
the company; and
3) determining the manner in which the books,
accounts and documentation of the company and of
the liquidator should be maintained and
subsequently disposed of.
Headstrong XXX's shareholders agreed on Oct. 31, 2007, to place
the company into voluntary liquidation under The Companies Law
(2004 Revision) of the Cayman Islands.
The liquidator can be reached at:
Eleni Bourodimos
c/o P.O. Box 822, George Town
Grand Cayman KY1-1103, Cayman Islands
Contact for inquiries:
Woodward Terry & Company
Suite #10 2nd Floor, Jack & Jill Building
19 Fort Street, Grand Cayman
Cayman Islands
Telephone: 345-945-2800
Fax: 345-945-2727
NBL FUNDING: Proofs of Claim Filing Deadline is April 3
-------------------------------------------------------
NBL Funding Corp.'s creditors have until April 3, 2008, to
prove their claims to Martin Couch and Jan Neveril, the
company's liquidators, or be excluded from receiving any
distribution or payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
NBL Funding's shareholders agreed on Feb. 14, 2008, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
The liquidators can be reached at:
Martin Couch and Jan Neveril
Maples Finance Limited
P.O. Box 1093, George Tpwm
Grand Cayman, Cayman Islands
NORMANDI LIMITED: Proofs of Claim Filing Deadline is April 3
------------------------------------------------------------
Normandi Limited's creditors have until April 3, 2008, to prove
their claims to Buchanan Limited, the company's liquidator, or
be excluded from receiving any distribution or payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
Normandi's shareholders agreed on Feb. 21, 2008, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
The liquidator can be reached at:
Buchanan Limited
Attn: Francine Jennings
P.O. Box 1170
Grand Cayman KY1-1102, Cayman Islands
Telephone: (345) 949-0355
Fax: (345) 949-0360
NORTH BROOK: Proofs of Claim Filing is Until April 3
----------------------------------------------------
North Brook Limited's creditors have until April 3, 2008, to
prove their claims to Buchanan Limited, the company's
liquidator, or be excluded from receiving any distribution or
payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
North Brook's shareholders agreed on Feb. 21, 2008, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
The liquidator can be reached at:
Buchanan Limited
Attn: Francine Jennings
P.O. Box 1170
Grand Cayman KY1-1102, Cayman Islands
Telephone: (345) 949-0355
Fax: (345) 949-0360
PUERTO AZUL: Proofs of Claim Filing is Until April 3
----------------------------------------------------
Puerto Azul Limited's creditors have until April 3, 2008, to
prove their claims to Buchanan Limited, the company's
liquidator, or be excluded from receiving any distribution or
payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
Puerto Azul's shareholders agreed on Feb. 21, 2008, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
The liquidator can be reached at:
Buchanan Limited
Attn: Francine Jennings
P.O. Box 1170
Grand Cayman KY1-1102, Cayman Islands
Telephone: (345) 949-0355
Fax: (345) 949-0360
RAB PI: Proofs of Claim Filing Deadline is April 3
--------------------------------------------------
RAB PI Japan Fund Limited's creditors have until April 3, 2008,
to prove their claims to Giles Kerley and Joshua Grant, the
company's liquidators, or be excluded from receiving any
distribution or payment.
In their proofs of claim, creditors must indicate their full
names, addresses, the full particulars of their debts or claims,
and the names and addresses of their lawyers, if any.
RAB PI's shareholders agreed on Jan. 14, 2008, to place the
company into voluntary liquidation under The Companies Law (2004
Revision) of the Cayman Islands.
The liquidators can be reached at:
Giles Kerley and Joshua Grant
&n