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, April 25, 2008, Vol. 9, No. 82
Headlines
A R G E N T I N A
ALITALIA SPA: To Receive EUR300 Million Bridging Loan from Italy
CHRYSLER LLC: In Talks with Fiat SpA Over Alfa Romeo Production
BELKI SRL: Proofs of Claim Verification Deadline Is June 23
COMPANIA INMOBILIARIA: Claims Verification Deadline is July 1
EDILTEL SRL: Trustee to Verify Proofs of Claim Until July 21
FUTURE SA: Proofs of Claim Verification Deadline is May 30
MANRIQUE SRL: Trustee to Verify Proofs of Claim Until May 30
MAR YI: Files for Reorganization in Buenos Aires Court
RED PREVER: Proofs of Claim Verification Deadline is May 23
SANFOR SALUD: Trustee to File Individual Reports on July 8
SUR AMERICA: Trustee to Verify Proofs of Claim Until June 26
B E R M U D A
CENTRAL EUROPEAN: To Issue 1st Quarter 2008 Earnings on April 30
CENTRAL EUROPEAN: S&P Rates US$475MM Senior Convertible Notes BB
CHEVRON OVERSEAS: Proofs of Claim Filing Deadline is May 7
CHEVRON OVERSEAS: Sets Final Shareholders Meeting for May 26
DSG TRADING: Proofs of Claim Filing is Until May 7
DSG TRADING: Sets Final Shareholders Meeting for April 28
DUAL-STRATEGY GUARANTEED: Proofs of Claim Filing is Until May 7
DUAL-STRATEGY GUARANTEED: Final Shareholders Meeting on April 30
G5 WORLD: Proofs of Claim Filing Deadline is May 8
G5 WORLD: Sets Final Shareholders Meeting for May 28
XL CAPITAL: Reports US$244.3MM Net Income in Qtr. Ended March 31
B R A Z I L
BANCO GMAC: Eyes Continued Increase in Leasing
EDITORA ABRIL: Moody's Gives Ba3 Local Currency Corporate Rating
MAGNESITA REFRATARIOS: Moody's Puts Ba1 Corporate Family Rating
NET SERVICOS: To Concentrate on Offering Bundled Services
SADIA SA: Shareholders OK Big Foods & Avicola Indust'l Purchase
UAL CORP: US$542 Mil. Pretax Loss Does Not Affect S&P's 'B' Rtg.
C A Y M A N I S L A N D S
ACKDON GAMMA: Proofs of Claim Filing Deadline is May 1
BANK RAKYAT: To Present 1st Quarter 2008 Earnings on April 29
COURAGE HEDGED: Proofs of Claim Filing is Until May 1
COURAGE HEDGED US: Proofs of Claim Filing Deadline is May 1
F.Y. FUNDING: Proofs of Claim Filing is Until May 1
HYDRA VI: Proofs of Claim Filing Deadline is May 1
PARMALAT SPA: Factorit & Italease Settle Revocatory Suit
PARMALAT SPA: Selling Newlat SpA to TMT Finance
PARMALAT SPA: NJ Judge Dismisses Most Claims Versus Citigroup
PARMALAT SPA: Court Closes Chapter 11 Cases of Former U.S. Units
PARMALAT SPA: Trustee Seeks 3-Year Extension of Farmland Trust
C H I L E
EASTMAN KODAK: S&P Holds B+ Corporate Credit Rating
METHANEX CORP: Earns US$65.4 Million in 2008 First Quarter
C O L O M B I A
GMAC LLC: Moody's May Further Cut B2 Rating After Review
C O S T A R I C A
SIRVA INC: Court Extends Confirmation Hearing for Two Days
D O M I N I C A N R E P U B L I C
BASIC ENERGY: Approves US$3 Billion Merger Deal with Grey Wolf
BASIC ENERGY: Grey Wolf Merger Deal Cues S&P's Positive Watch
E C U A D O R
BANCO PICHINCHA: Extends Consent Solicitation to April 29
G R E N A D A
AMERICAN AIRLINES: To Add Miami-Grenada Non-Stop Flight Schedule
J A M A I C A
AIR JAMAICA: Gov't to Launch Int'l Bidding Process for Airline
AIR JAMAICA: To Launch Code Share Pact with Asian Airlines
AIR JAMAICA: Contractor General to Investigate Heathrow Slots
CASH PLUS: Defense Lawyers to Seek Bail for Carlos Hill Again
M E X I C O
AMERICAN AXLE: UAW Rejects Economic Offers; Firm Mulls Closures
ASARCO LLC: Grupo Mexico Has Poor Stewardship Record, Union Says
DESARROLLADORA HOMEX: 1Q 2008 Net Income Up 7.9% to MXN504.3Mil.
DIOMED HOLDINGS: Delivers Schedules of Assets and Liabilities
DIOMED HOLDINGS: Engages Wolf Greenfield as Special Counsel
FIAT SPA: Shows Interest in Acquiring Serb Car Maker Zastava
P E R U
FREEPORT-MCMORAN COPPER: Eyes US$6.5 Billion Operating Cash Flow
FREEPORT-MCMORAN COPPER: High Metal Prices Boost Firm's Profit
P U E R T O R I C O
HORIZON LINES: Extends Walgreens Delivery Contract to Two Years
MUSICLAND HOLDING: Pursues US$145 Mil. in Damages From Best Buy
MUSICLAND HOLDING: Panel & H. Truesdell Agree to Replace Counsel
MUSICLAND HOLDING: Discloses Post-Confirmation Distributions
PATHEON INC: Undertakes Series of Events on Restructuring Plan
PATHEON INC: Moody's Holds B2 Rating; Changes Outlook to Neg.
U R U G U A Y
* URUGUAY: R&I Lifts Foreign Currency IDR to BB-; Outlook Stable
V I R G I N I S L A N D S
PETROLEOS DE VENEZUELA: Output Totals 1.1 Bln. Barrels in 2007
PETROLEOS DE VENEZUELA: Takes Over Diques y Astilleros
PETROLEOS DE VENEZUELA: Selling Fuel Oil to Petrobras
PETROLEOS DE VENEZUELA: S&P Holds Long-Term Credit Rating at BB-
X X X X X X
* Caribbean Region Faces Big Challenges on US Slowdown, S&P Says
* Southwest Healthcare Transactions Conference Set on May 30
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A R G E N T I N A
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ALITALIA SPA: To Receive EUR300 Million Bridging Loan from Italy
----------------------------------------------------------------
The Italian government has approved a EUR300-million bridging
loan to Alitalia S.p.A. to keep it afloat and prevent it from
seeking bankruptcy protection, various reports say.
As reported in the TCR-Europe on April 22, 2008, the incoming
administration of Prime Minister-elect Silvio Berlusconi and the
outgoing government of current Prime Ministe Enrico Prodi have
initially agreed to provide a EUR150 million emergency financing
to Alitalia, which only had EUR170 million in cash and credit as
of March 31, 2008.
Finance Minister Tommaso Padoa-Schioppa was quoted by Bloomberg
News as saying that without the loan, Alitalia would have to
seek protection from creditors.
Mr. Prodi said Mr. Berlusconi asked him to raise the loan amount
to EUR300 million to allow more "time to put together and
organize possible alternative solutions," the Associated Press
reports. Mr. Prodi noted that Alitalia has to repay the loan by
end of 2008.
State Aid Violation?
The European Commission, meanwhile, would review the financing
to Alitalia, whether it violates the European Union rule on
state aid, Bloomberg News says citing spokesman Michele Cercone.
Under EU's "one time, last time" principle, a company
beneficiary of a state aid cannot receive additional rescue or
restructuring funding within 10 years since its accepted
financial assistance.
AP quoted the Commission last week said Alitalia cannot receive
further aid until 2011, since it took fiscal assistance in 2001.
Italian Bidders
AirOne S.p.A., banks led by Intesa Sanpaolo S.p.A. and Italian
businessmen led by Mr. Berlusconi adviser Bruno Ermolli may form
a group to bid for Alitalia, Bloomberg News says, citing an
unsourced Il Messaggero report.
According to Il Messaggero, AirOne will own 40% of the bidding
vehicle, the banks will control 40% and Mr. Bruno's group will
hold 20%.
Mr. Berluconi has been insisting that an Italian consortium will
present a binding offer for Italy's 49.9% stake in Alitalia in
less than a month.
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, including United States, Canada,
Japan and Argentina. The Italian government owns 49.9% of
Alitalia.
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 Finance Minister Tommaso Padoa-Schioppa had said that if
the sale to Air France fails, Alitalia may seek protection from
creditors and the government would appoint a special
commissioner to initiate bankruptcy proceedings.
CHRYSLER LLC: In Talks with Fiat SpA Over Alfa Romeo Production
---------------------------------------------------------------
Chrysler LLC has initiated talks with Fiat SpA over a possible
cooperation agreement under which Chrysler will produce the
Italian auto manufacturer's Alfa Romeo cars in its U.S.
Factories, Reuters reports, citing German newspaper
Handelsblatt.
The talks, Reuters says, is now in the advanced stage.
A Chrysler spokeswoman, however, dismissed the report as
speculation, saying "there could be other partnerships with
other carmakers," Reuters relates.
Chrysler earlier announced a production alliance with Japanese
automaker Nissan, the paper reveals.
As reported in the Troubled Company Reporter-Europe on March 27,
2008, Fiat entered into discussions with Detroit's auto
manufacturers on sharing production of Alfa Romeos in the U.S.
Fiat's chief executive officer Sergio Marchionne said that
production of Alfa cars will start by 2011 or 2012. Meanwhile,
Alfa, which will start distributing and selling cars in the U.S.
cars next year, will have to absorb losses until production
starts with a partner.
Fiat had to manufacture in the U.S. because of the weakness of
the dollar against the euro.
Fiat is also preparing to transfer its Iveco division to the
U.S. along with the relaunched Fiat 500 compact car.
About Fiat
Turin, Italy-based Fiat SpA -- http://www.fiatgroup.com/--
(BIT:F) is principally engaged in the design, manufacture and
sale of automobiles, trucks, wheel loaders, excavators,
telehandlers, tractors and combine harvesters. Through its
subsidiaries, Fiat operates mainly in five business areas:
Automobiles, including sectors led by Maserati SpA, Ferrari SpA
and Fiat Group Automobiles SpA, which design, produce and sell
cars under the Fiat, Alfa Romeo, Lancia, Fiat Professional,
Abarth, Ferrari and Maserati brands; Agricultural and
Construction Equipment, which is led by Case New Holland Global
NV; Trucks and Commercial Vehicles, which is led by Iveco SpA;
Components and Production Systems, which includes the sectors
led by Magneti Marelli Holding SpA, Teksid SpA, Comau SpA and
Fiat Powertrain Technologies SpA, and Other Businesses, which
includes the sectors led by Fiat Services SpA, a publishing
house Editrice La Stampa SpA and an advertising agency
Publikompass SpA.
Outside Europe, the company has subsidiaries in the United
States, Japan, India, China, Mexico, Brazil and Argentina, among
others.
About Chrysler
Headquartered in Auburn Hills, Michigan, Chrysler LLC --
http://www.chrysler.com/-- a unit of Cerberus Capital
Management LP, produces Chrysler, Jeep(R), Dodge and Mopar(R)
brand vehicles and products. The company has dealers worldwide,
including Canada, Mexico, U.S., Germany, France, U.K.,
Argentina, Brazil, Venezuela, China, Japan and Australia.
* * *
As reported in the Troubled Company Reporter-Latin America on
Nov. 12, 2007, Standard & Poor's Ratings Services affirmed its
'B' corporate credit rating on Chrysler LLC and DaimlerChrysler
Financial Services Americas LLC and removed it from CreditWatch
with positive implications, where it was placed Sept. 26, 2007.
S&P said the outlook is negative.
BELKI SRL: Proofs of Claim Verification Deadline Is June 23
-----------------------------------------------------------
Marisa Gacio, the court-appointed trustee for Belki SRL's
bankruptcy proceeding, will be verifying creditors' proofs of
claim until June 23, 2008.
Ms. Gacio 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 Belki 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 Belki's accounting
and banking records will be submitted in court.
La Nacion didn't state the submission dates for the reports.
Ms. Gacio is also in charge of administering Belki's assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at:
Belki SRL
Cochabamba 1599
Buenos Aires, Argentina
The trustee can be reached at:
Marisa Gacio
San Martin 793
Buenos Aires, Argentina
COMPANIA INMOBILIARIA: Claims Verification Deadline is July 1
-------------------------------------------------------------
Ruben Acosta, the court-appointed trustee for Compania
Inmobiliaria Metropolitana e Interior SA's bankruptcy
proceeding, will be verifying creditors' proofs of claim until
July 1, 2008.
Mr. Acosta will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance No. 15 in Buenos Aires, with the assistance of Clerk
No. 30, 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 Compania Inmobiliaria 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 Compania
Inmobiliaria's accounting and banking records will be submitted
in court.
La Nacion didn't state the submission dates for the reports.
Mr. Acosta is also in charge of administering Compania
Inmobiliaria's assets under court supervision and will take part
in their disposal to the extent established by law.
The debtor can be reached at:
Compania Inmobiliaria Metropolitana e Interior SA
Tucuman 825
Buenos Aires, Argentina
The trustee can be reached at:
Ruben Acosta
Tucuman 1585
Buenos Aires, Argentina
EDILTEL SRL: Trustee to Verify Proofs of Claim Until July 21
------------------------------------------------------------
Maria Ezequiela Festugato, the court-appointed trustee for
Ediltel SRL's bankruptcy proceeding, will present the validated
claims as individual reports in the National Commercial Court of
First Instance in Buenos Aires on July 21, 2008.
Ms. Festugato be verifying creditors' proofs of claim until
June 9, 2008. Ms. Festugato will submit to the court a general
report containing an audit of Ediltel's accounting and banking
records on Oct. 1, 2008.
Ms. Festugato is also in charge of administering Ediltel's
assets under court supervision and will take part in their
disposal to the extent established by law.
The debtor can be reached at:
Ediltel SRL
Marcelo T. de Alvear 1261
Buenos Aires, Argentina
The trustee can be reached at:
Maria Festugato
Lavalle 1667
Buenos Aires, Argentina
FUTURE SA: Proofs of Claim Verification Deadline is May 30
----------------------------------------------------------
Francisco Rogelio Cano, the court-appointed trustee for
The Future S.A.'s bankruptcy proceeding, will be verifying
creditors' proofs of claim until May 30, 2008.
Mr. Cano will present the validated claims in court as
individual reports on July 15, 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 The Future 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 The Future's
accounting and banking records will be submitted in court on
Sept. 9, 2008.
Mr. Cano is also in charge of administering The Future's assets
under court supervision and will take part in their disposal to
the extent established by law.
The debtor can be reached at:
The Future S.A.
Del Barco Centenera 3179
Buenos Aires, Argentina
The trustee can be reached at:
Francisco Rogelio Cano
Uruguay 618
Buenos Aires, Argentina
MANRIQUE SRL: Trustee to Verify Proofs of Claim Until May 30
------------------------------------------------------------
The court-appointed trustee for Manrique S.R.L.'s reorganization
proceeding, will be verifying creditors' proofs of claim until
May 30, 2008.
The trustee will present the validated claims in court as
individual reports on July 29, 2008. The National Commercial
Court of First Instance in Santa Fe 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 Manrique 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 Manrique's accounting
and banking records will be submitted in court on Sept. 9, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly on March 6, 2009.
The debtor can be reached at:
Manrique S.R.L.
Jujuy 2381, Villa Gobernador Galvez
Santa Fe, Argentina
MAR YI: Files for Reorganization in Buenos Aires Court
------------------------------------------------------
Mar Yi S.A. has requested for reorganization approval after
failing to pay its liabilities.
The reorganization petition, once approved by the court, will
allow Mar Yi to negotiate a settlement with its creditors in
order to avoid a straight liquidation.
The case is pending in the National Commercial Court of First
Instance in Buenos Aires.
The debtor can be reached at:
Mar Yi S.A.
San Martin 201 Piso 6 Dto. 1
Buenos Aires, Argentina
RED PREVER: Proofs of Claim Verification Deadline is May 23
-----------------------------------------------------------
Elba Gabriela Hirigoity, the court-appointed trustee for
Red Prever S.A.'s bankruptcy proceeding, will be verifying
creditors' proofs of claim until May 23, 2008.
Ms. Hirigoity will present the validated claims in court as
individual reports. The National Commercial Court of First
Instance in Buenos Aires will determine if the verified claims
are admissible, taking into account the trustee's opinion, and
the objections and challenges that will be raised by Red Prever
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 Red Prever's
accounting and banking records will be submitted in court.
Infobae didn't state the reports submission deadlines.
Ms. Hirigoity is also in charge of administering Red Prever's
assets under court supervision and will take part in their
disposal to the extent established by law.
The debtor can be reached at:
The Future S.A.
Del Barco Centenera 3179
Buenos Aires, Argentina
The trustee can be reached at:
Elba Gabriela Hirigoity
Avenida Cordoba 1388
Buenos Aires, Argentina
SANFOR SALUD: Trustee to File Individual Reports on July 8
----------------------------------------------------------
Jorge Hugo Basile, the court-appointed trustee for Sanfor Salud
SA's reorganization proceeding, will present the validated
claims as individual reports in the National Commercial Court of
First Instance in Buenos Aires on July 8, 2008.
Mr. Basile will be verifying creditors' proofs of claim until
May 27, 2008. He will present in court a general report
containing an audit of Sanfor Salud's accounting and banking
records on Sept. 1, 2008.
Creditors will vote to ratify the completed settlement plan
during the assembly on March 3, 2009.
The debtor can be reached at:
Sanfor Salud SA
Pasaje King 348
Buenos Aires, Argentina
The trustee can be reached at:
Jorge Hugo Basile
Pte. J. E. Uriburu 782
Buenos Aires, Argentina
SUR AMERICA: Trustee to Verify Proofs of Claim Until June 26
------------------------------------------------------------
Jorge Oscar Abrego, the court-appointed trustee for Sur America
Palangre S.A.'s reorganization proceeding, will be verifying
creditors' proofs of claim until June 26, 2008.
Mr. Abrego will present the validated claims in court as
individual reports on Aug. 22, 2008. The National Commercial
Court of First Instance in Mar del Plata, Buenos Aires, will
determine if the verified claims are admissible, taking into
account the trustee's opinion, and the objections and challenges
that will be raised by Sur America 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 Sur America's
accounting and banking records will be submitted in court.
Infobae didn't state the submission deadline for the general
report.
Creditors will vote to ratify the completed settlement plan
during the assembly on March 6, 2009.
The debtor can be reached at:
Sur America Palangre S.A.
Moises Lebensohn 5835, Mar del Plata
Buenos Aires, Argentina
The trustee can be reached at:
Jorge Oscar Abrego
Daprotis 6125, Mar del Plata
Buenos Aires, Argentina
=============
B E R M U D A
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CENTRAL EUROPEAN: To Issue 1st Quarter 2008 Earnings on April 30
----------------------------------------------------------------
Central European Media Enterprises Ltd. will release its first
quarter 2008 financial results before United States market hours
on April 30, 2008.
The company will also host a teleconference to discuss its first
quarter 2008 results on April 30, 2008, at 10:00 a.m. New York
time (3:00 p.m. London and 4:00 p.m. Prague time). The
teleconference will refer to presentation slides which will be
available on Central European Media's web site at
http://www.cetv-net.comprior to the call.
To access the teleconference, U.S. and International callers may
dial +1 973-321-1024 ten minutes prior to the start time and
reference passcode: 44056751. The conference call will be
broadcast live via http://www.cetv-net.com.
A replay of the teleconference will be available for two weeks
following the call and can be accessed by dialing +1 800-642-
1687 for U.S. callers and 1-706-645-9291 for International
callers, passcode: 44056751. A digital audio replay in mp3
format will also be archived on the company's web site.
Based in Bermuda, Central European Media Enterprises Ltd., is a
TV broadcasting company with leading networks in six Central and
Eastern European countries. Launched in 1994, the company and
its partners now operate 16 channels in six countries, including
TV Nova, Nova Cinema and Galaxie Sport in the Czech Republic;
PRO TV, PRO Cinema, Pro International, Sport.ro, MTV and Acasa
in Romania; Nova TV in Croatia, TV Markiza in the Slovak
Republic; POP TV and Kanal A in Slovenia; and Studio 1+1, Kino
and Citi in Ukraine. For the year ended Dec. 31, 2007, the
company generated segment revenues of US$840 million and segment
EBITDA of US$320 million. Central European Media is traded
on the NASDAQ and the Prague Stock Exchange under the ticker
symbol "CETV".
CENTRAL EUROPEAN: S&P Rates US$475MM Senior Convertible Notes BB
----------------------------------------------------------------
Standard & Poor's Ratings Services assigned its 'BB' debt rating
to the US$475 million senior secured convertible notes due 2013
issued by Bermuda-based emerging markets TV broadcaster, Central
European Media Enterprises Ltd. in March 2008. The long-term
corporate credit rating was affirmed at 'BB'. The outlook is
stable.
At the same time, S&P raised the debt rating on both Central
European Media's EUR245 million and EUR150 million floating-rate
notes due, respectively, in 2012 and 2014 to 'BB' from the
previous 'BB-', in line with the corporate credit rating,
following a review of the collateral and the evolution of
structural subordination aspects within the group's capital
structure.
With fully adjusted total debt to EBITDA at about 2.3x at the
end of December 2007, the ratings on Central European Media
remain constrained by the group's acquisition-led financial
policy and by its high concentration of profitability in a
single TV channel in the Czech Republic and in its Romanian TV
channels. The ratings are also constrained by the cyclical
nature of the TV advertising markets in which the group operates
and the potential for regulatory and political interference.
These factors are mitigated to a significant degree by Central
European Media's market-leading positions in four of the six
Eastern European countries in which it is present, good short-
term revenue visibility, and its position as a producer of
established, locally produced content. In addition, the rating
continues to reflect good rates of growth in the group's TV
advertising markets and increasing equity control of operations
in all markets. This is supported by the company's recently
announced intention to buy out its partners' 30% equity
interests in Ukrainian broadcaster Studio 1+1 for US$219.6
million, while having the right to acquire the remaining 10%
through a put and call arrangement.
"The stable outlook reflects our expectation that the level of
operating maturity of CME's core TV broadcasting assets will
continue to translate into EBITDA growth and healthy operating
cash generation," said S&P's credit analyst Manuela Gabetta. To
maintain the 'BB' rating, S&P expects that the group will use an
adequate mixture of debt and equity to support its expansion
into more risky markets.
"We also expect that CME will moderate distributions to
shareholders for as long as it remains on an acquisitive path,"
said Ms. Gabetta. The ratio of fully adjusted total debt to
EBITDA is expected to strengthen on back on cash flow generation
and remain comfortably below 4x on an ongoing basis.
The ratings would come under immediate pressure if any
acquisition target takes financial ratios outside the stated
thresholds for a protracted period, or if the group's largest TV
stations underperform.
Rating upside is currently restricted by Central European Media
Enterprises Ltd.'s continuing investments in volatile markets
such as Ukraine.
Based in Bermuda, Central European Media Enterprises Ltd., is a
TV broadcasting company with leading networks in six Central and
Eastern European countries. Launched in 1994, the company and
its partners now operate 16 channels in six countries, including
TV Nova, Nova Cinema and Galaxie Sport in the Czech Republic;
PRO TV, PRO Cinema, Pro International, Sport.ro, MTV and Acasa
in Romania; Nova TV in Croatia, TV Markiza in the Slovak
Republic; POP TV and Kanal A in Slovenia; and Studio 1+1, Kino
and Citi in Ukraine. For the year ended Dec. 31, 2007, the
company generated segment revenues of US$840 million and segment
EBITDA of US$320 million. Central European Media is traded
on the NASDAQ and the Prague Stock Exchange under the ticker
symbol "CETV".
CHEVRON OVERSEAS: Proofs of Claim Filing Deadline is May 7
----------------------------------------------------------
Chevron Overseas Petroleum (Vietnam) Limited's creditors have
until May 7, 2008, to prove their claims to Gary R. Pitman, 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.
Chevron Overseas' shareholder decided on April 18, 2008, to
place the company into voluntary liquidation under The Companies
Law (2004 Revision) of the Cayman Islands.
The liquidator can be reached at:
Gary R. Pitman
Chevron House
11 Church Street
Hamilton, HM DX, Bermuda
CHEVRON OVERSEAS: Sets Final Shareholders Meeting for May 26
------------------------------------------------------------
Chevron Overseas Petroleum (Vietnam) Limited will hold its final
general meeting on May 26, 2008, at 9:30 a.m. at Chevron House,
Church Street, Hamilton, Bermuda.
These matters will be taken up during the meeting:
-- receiving an account showing the manner in which
the winding-up of the company has been conducted
and its property disposed of and hearing any
explanation that may be given by the liquidator;
-- determination by resolution the manner in
which the books, accounts and documents of the
company and of the liquidator shall be
disposed; and
-- passing of a resolution dissolving the
company.
Chevron Overseas' shareholder decided on April 18, 2008, to
place the company into voluntary liquidation under The Companies
Law (2004 Revision) of the Cayman Islands.
The liquidator can be reached at:
Gary R. Pitman
Chevron House
11 Church Street
Hamilton, HM DX, Bermuda
DSG TRADING: Proofs of Claim Filing is Until May 7
--------------------------------------------------
DSG Trading Limited's creditors are given until May 7, 2008, to
prove their claims to Beverly Mathias, 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.
DSG Trading's shareholders agreed on April 21, 2008, to place
the company into voluntary liquidation under Bermuda's Companies
Act 1981.
The liquidator can be reached at:
Beverly Mathias
c/o Argonaut Limited
Argonaut House, 5 Park Road
Hamilton HM O9, Bermuda
DSG TRADING: Sets Final Shareholders Meeting for April 28
---------------------------------------------------------
DSG Trading Limited will hold its final general meeting on
April 28, 2008, at 9:30 a.m. at Argonaut Limited, Argonaut
House, 5 Park Road, Hamilton HM O9, Bermuda.
These matters will be taken up during the meeting:
-- receiving an account showing the manner in which
the winding-up of the company has been conducted
and its property disposed of and hearing any
explanation that may be given by the liquidator;
-- determination by resolution the manner in
which the books, accounts and documents of the
company and of the liquidator shall be
disposed; and
-- passing of a resolution dissolving the
company.
DSG Trading's shareholders agreed on April 21, 2008, to place
the company into voluntary liquidation under Bermuda's Companies
Act 1981.
The liquidator can be reached at:
Beverly Mathias
c/o Argonaut Limited
Argonaut House, 5 Park Road
Hamilton HM O9, Bermuda
DUAL-STRATEGY GUARANTEED: Proofs of Claim Filing is Until May 7
---------------------------------------------------------------
Dual-Strategy Guaranteed Fund Limited's creditors are given
until May 7, 2008, to prove their claims to Beverly Mathias, 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.
Dual-Strategy Guaranteed's shareholders agreed on
April 21, 2008, to place the company into voluntary liquidation
under Bermuda's Companies Act 1981.
The liquidator can be reached at:
Beverly Mathias
c/o Argonaut Limited
Argonaut House, 5 Park Road
Hamilton HM O9, Bermuda
DUAL-STRATEGY GUARANTEED: Final Shareholders Meeting on April 30
----------------------------------------------------------------
Dual-Strategy Guaranteed Fund Limited will hold its final
general meeting on April 30, 2008, at 9:30 a.m. at Argonaut
Limited, Argonaut House, 5 Park Road, Hamilton HM O9, Bermuda.
These matters will be taken up during the meeting:
-- receiving an account showing the manner in which
the winding-up of the company has been conducted
and its property disposed of and hearing any
explanation that may be given by the liquidator;
-- determination by resolution the manner in
which the books, accounts and documents of the
company and of the liquidator shall be
disposed; and
-- passing of a resolution dissolving the
company.
Dual-Strategy Guaranteed's shareholders agreed on
April 21, 2008, to place the company into voluntary liquidation
under Bermuda's Companies Act 1981.
The liquidator can be reached at:
Beverly Mathias
c/o Argonaut Limited
Argonaut House, 5 Park Road
Hamilton HM O9, Bermuda
G5 WORLD: Proofs of Claim Filing Deadline is May 8
--------------------------------------------------
G5 World Multi Par T Limited's creditors are given until
May 8, 2008, to prove their claims to Jennifer Y. Fraser, 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.
G5 World's shareholders agreed on April 18, 2008, to place the
company into voluntary liquidation under Bermuda's Companies Act
1981.
The liquidator can be reached at:
Jennifer Y. Fraser
Canon's Court, 22 Victoria Street
Hamilton, Bermuda
G5 WORLD: Sets Final Shareholders Meeting for May 28
----------------------------------------------------
G5 World Multi Par T Limited will hold its final general meeting
on May 28, 2008, at 9:00 a.m. at Canon's Court, 22 Victoria
Street, Hamilton, Bermuda.
These matters will be taken up during the meeting:
-- receiving an account showing the manner in which
the winding-up of the company has been conducted
and its property disposed of and hearing any
explanation that may be given by the liquidator;
-- determination by resolution the manner in
which the books, accounts and documents of the
company and of the liquidator shall be
disposed; and
-- passing of a resolution dissolving the
company.
G5 World's shareholders agreed on April 18, 2008, to place the
company into voluntary liquidation under Bermuda's Companies Act
1981.
The liquidator can be reached at:
Jennifer Y. Fraser
Canon's Court, 22 Victoria Street
Hamilton, Bermuda
XL CAPITAL: Reports US$244.3MM Net Income in Qtr. Ended March 31
----------------------------------------------------------------
XL Capital Ltd. reported net income for the three months ended
March 31, 2008 of US$244.3 million, compared with US$562.5
million for the same period in 2007. The reduction in net
income is due primarily to the following:
-- A decrease in net income from investment affiliates of
US$107.1 million
-- Net realized losses on investments of US$102.3 million, as
compared to a gain of US$9.3 million in the prior year
quarter
-- A decrease in underwriting profit from Property and
Casualty operations of US$52.4 million
-- An increase in foreign exchange losses of US$44.2 million
-- A decrease in net income from financial operating
affiliates of US$39.6 million
"Net income excluding net realized gains and losses" for the
first quarter of 2008 was US$276.9 million compared with
US$540.0 million for the prior year quarter.
Annualized return on ordinary shareholders' equity was 9.9% and
22.7% for the three months ended March 31, 2008 and 2007,
respectively. Return on ordinary shareholders' equity, based on
net income excluding net realized gains and losses was 12.9% and
22.3% for the three months ended March 31, 2008 and 2007,
respectively.
Commenting on the current quarter results, President, Chief
Executive Officer and Acting Chairman Brian M. O'Hara said:
"Although XL is steadily navigating through some extremely
difficult global credit market conditions, which is reflected in
our lower investment performance relative to the outstanding
results in the prior year quarter, we have still achieved
another solid performance from our Insurance, Reinsurance, and
Life operations."
Headquartered in Bermuda, XL Capital Ltd. --
http://www.xlcapital.com/-- writes liability insurance and
reinsurance worldwide, specializing in low-frequency, high-
severity risks from riots to natural disasters. The company
writes policies through numerous subsidiaries, many of them
offshore, and also manages a Lloyd's of London syndicate. XL's
coverage includes general and executive liability, property, and
political risk insurance. Its reinsurance covers property,
aviation, energy, nuclear accident, and professional indemnity.
* * *
As reported in the Troubled Company Reporter-Latin America on
April 3, 2008, Fitch Ratings downgraded XL Capital Ltd.'s Class
A1 to 'BB' from 'A' and Class A2 to 'BB' from 'A' and removed it
from Rating Watch Negative.
Fitch also downgraded XLCA's Insurer Financial strength
rating to 'BB' and removed the IFS from Rating Watch Negative.
===========
B R A Z I L
===========
BANCO GMAC: Eyes Continued Increase in Leasing
----------------------------------------------
Banco GMAC S.A.'s officials told journalists that the bank
expects a continued increase in leasing to help expand total
lending by 20% in 2008.
Banco GMAC said in its 2007 financial statements that it ended
2007 with BRL3.90 billion in its loan book, which is 27.3%
higher compared to 2006. Leasing operations rose 220% to
BRL1.21 billion in 2007.
Leasing would increase at the same rate this year and eventually
represent 70% of GMAC's loan portfolio, with consumer loans
accounting for 30%, BNamericas says, citing Banco GMAC's Sales
Director Gunnar Murillo.
Mr. Murillo commented to BNamericas, "The appeal of leasing a
vehicle comes from IOF [Imposto Sobre Operacoes Financeiras]."
BNamericas relates that the government increased the IOF
financial transactions tax by 0.38% on new loans in
January 2008, including car loans. Leasing operations were
exempted. The central bank set up reserve requirements on cash
deposits by leasing firms, beginning at 5% in May 2008 and
increasing to 25% by January 2009.
Mr. Murillo told BNamericas that Banco GMAC will "place more
emphasis on the smart buy program, which offers lower monthly
payments and a final balloon payment," to boost lending in 2008.
Mr. Murillio commented to BNamerica, "We had a really good first
quarter, well within our objectives."
Vehicle leasing and loans increased 44.9% to BRL117 billion in
February 2008, compared to the same time in 2007, leasing rose
96.4% to BRL71.8 billion, BNamericas says, citing figures from
trade association of automaker finance companies Anef.
Mr. Murillo told Bnamericas that individual borrowers represent
85% of GMAC's portfolio while commercial borrowers represent
15%.
Meanwhile, Michael Kimmel will take command of Banco GMAC in
May, BNamericas adds.
Banco GMAC is headquartered in Sao Paulo, Brazil. As of
September 2007, Banco GMAC reported total assets of BRL5.47
billion and equity of BRL818.28 million.
* * *
As reported in the Troubled Company Reporter-Latin America on
Feb. 11, 2008, Moody's Investors Service downgraded Banco GMAC
S.A.'s global long-term local and foreign currency deposit
ratings to B1 from Ba3. Moody's said the outlook remains
negative.
EDITORA ABRIL: Moody's Gives Ba3 Local Currency Corporate Rating
----------------------------------------------------------------
Moody's Investors Service has assigned Ba3 and A3.br local
currency and Brazil National Scale corporate family ratings to
Editora Abril S.A. The rating outlook is stable. With this
action, Moody's is reinitiating coverage of Editora Abril after
all previous ratings were withdrawn in January 2006.
"The ratings are supported by Editora Abril's dominant position
within the Brazilian magazine market, its valuable brand
portfolio, the company and its parent, Abril S.A.'s consistently
improving leverage and coverage ratios over the past three
years, as well as the benefits of more sustainable growth in
Brazil's advertising market, which has been driven by a
consistent expansion of Brazilian consumer real income," says
Moody's analyst Soummo Mukherjee.
The ratings assigned to Editora Abril also reflect the
significant contribution to revenues of cyclical advertising
(40% of net revenues), the seasonality in Editora Abril's
business, and the lack of transparency in the company's
financial disclosures, as well as its complex ownership
structure, with a high level of intercompany transactions.
Editora Abril's Ba3 local currency corporate family rating
reflects its global default and loss expectation, while the
A3.br national scale rating reflects the standing of Editora
Abril's credit quality relative to its domestic peers. Issuers
or issues rated A3.br present above-average creditworthiness
relative to other domestic issuers.
The main subsidiary of the Abril group, which is controlled by
the Civita family, Editora Abril is the leading magazine
publishing and printing company in Brazil, holding a 53% market
share of the country's total magazine circulation, 51% of its
total magazine subscriptions, and 48% of its total magazine
advertising market. This dominance is an important support to
the rating.
Moody's views the substantial contribution in terms of revenues
and EBITDA from Editora Abril's weekly magazine, Veja, as posing
concentration risk to the company. This risk is, however,
mitigated to some extent by Veja's historic dominant market
share in the Brazilian magazine market.
Editora Abril's dominant market position supported by its strong
brand and editorial quality, as well as a valuable portfolio
that covers all segments drove strong subscriber growth in 2007,
closing out the year with 3.3 million subscriptions, up 4.4%
over 2006. In 2007 the company also implemented a cost
reduction program that led to permanent cost savings of
approximately BRL60 million and transferred its lower-margin
distribution services company, Dinap, from Editora Abril to a
different subsidiary of Abril S.A., Treelog S.A. Logística e
Distribuição. These factors associated with a stronger Real,
allowed Editora Abril to improve its EBITDA margin to 18.9% in
2007 from 15.8% in 2006. Going forward Moody's expects Editora
Abril to keep generating sustainable and further improved
operating margins based on the positive trends for both
advertising market and subscriptions sales and on the
maintenance of cost control discipline.
In October 2006, Abril S.A. entered into an agreement with
Telecomunicaçoes de Sao Paulo S.A., the Brazilian fixed-line
subsidiary of Spain's Telefonica S.A., to sell the totality of
its Multichannel Multipoint Distribution Service (MMDS)
operations, 19.9% of cable TV operations in Sao Paulo and a 49%
stake in the rest of its cable TV operations, within the 19.9%
limit for fixed line company provider in Sao Paulo and within
the 49% limit for foreign investor control allowed by the legal
framework for the cable TV industry in Brazil. In July and in
November 2007, regulatory agency Anatel approved the sale of the
MMDS operations and the minority stake in the cable TV business
respectively.
Editora Abril had received BRL163.9 million in net proceeds from
the transaction as of year-end 2007. The receipt of part of the
proceeds has significant contributed to an improved liquidity
and leverage profile at the company. Total debt adjusted to
incorporate refinanced taxes and intercompany liabilities
amounted to BRL923 million in 2007, with BRL90.2 million due in
the next twelve months. Editora Abril`s had cash and cash
equivalents of BRL238 million as of year-end 2007, sufficient to
cover all short term debt maturities.
Editora Abril's EBIT/Gross Interest Expense coverage ratio has
increased to 2.2 times in 2007 in comparison to 1.4 times in
2006. This improvement was driven by lower interest costs,
mainly as a result of a contractual reduction in the interest
coupon on its privately placed debentures and by higher
operating margins.
Over the last several years the Abril group has made significant
efforts to improve the group's corporate governance, including
creating a board of directors and a board of executive officers
to manage the group's activities and by adding three independent
members to the board. The rating is somewhat constrained by the
fact that the company does not disclose quarterly cash flow
statements.
The stable outlook reflects Moody's expectation that Editora
Abril will be able to maintain its dominant position in the
Brazilian magazine market, while maintaining sales growth and
relatively stable operating margins.
Further upward movement in Editora Abril's rating would require
the completion of the company's restructuring plans with
evidence that the company is ring-fenced from the rest of Abril
S.A.'s business and more clarity on the expected use of
intercompany transactions. A positive rating action would also
require improvement in financial disclosure standards, including
quarterly cash flow statements.
Editora Abril's rating would come under downward pressure if the
company experiences a consistent deterioration in market-share,
operating performance or credit metrics, such that Total
Debt/EBITDA increases to above 3.5 times or EBIT/Gross Interest
Expense drops below 2.0 times on a prolonged basis. A downgrade
could also be driven by the group's failure to simplify its
corporate structure or reduce its reliance on intercompany
transactions.
Based in Sao Paulo, Brazil, Editora Abril S.A. --
http://www.abril.com.br/br/-- is the largest magazine publisher
in Brazil, with approximately 3.3 million subscriptions and net
revenues of BRL1.9 billion (approximately US$957 million) in
2007. It publishes and prints a wide selection of consumer
magazines, including Veja, the fourth best selling weekly news
magazine in the world.
MAGNESITA REFRATARIOS: Moody's Puts Ba1 Corporate Family Rating
---------------------------------------------------------------
Moody's Investors Service assigned corporate family ratings of
Ba1 on its global scale and Aa2.br on its Brazilian national
scale to Magnesita Refratarios S.A. The rating outlook is
stable.
The Ba1 rating takes into consideration Magnesita Refratarios'
dominant position as Brazil's largest supplier of refractories
mainly to the steel and cement industries, supported by long-
standing client relationships and significant import barriers.
In addition, the rating incorporates the company's healthy
operating margins deriving from globally competitive production
costs thanks largely to a high level of vertical integration and
efficient logistics. Moody's expects that the company will
benefit from the cost-driven management philosophy under
implementation by the new controlling owners. The rating is
also supported by the large size and good quality of the
company's mineral reserves and high level of electricity self-
sufficiency, in addition to Moody's view of growth perspectives
for the refractories industry over the near term based on
substantive announced investments in steel and cement capacity
expansion in Brazil.
The company's Ba1 rating is constrained by its relative small
size, its substantive client concentration and low geographic
diversity. Its moderately high leverage is in part mitigated by
its sound liquidity position and strong cash flows.
Uncertainties related to the company's internationalization and
expansion plans are additional constraining factors for the
rating. Magnesita Refratarios' good corporate governance
reflects its adherence to Bovespa's Novo Mercado, with
expectations of transparency improvements going forward.
While the Ba1 global scale rating reflects the global default
and loss expectation of Magnesita Refratarios, the Aa2.br
national scale rating reflects the standing of its credit
quality relative to other domestic issuers.
The stable outlook reflects Moody's expectation that Magnesita
Refratarios will continue to benefit from a leadership position
to support superior operating margins relative to international
peers, while maintaining a prudent financial management and
healthy liquidity position. The outlook also anticipates
moderate debt reduction with improved cash generation.
Any positive ratings consideration would require Magnesita
Refratarios to demonstrate that its recent initiatives resulted
in improved operating margins and a dramatic reduction in debt
while simultaneously maintaining a robust liquidity position,
resulting in net debt to EBITDA consistently below 2.0. This is
unlikely to be evidenced in the near term. A further constraint
to an upgrade is the company's current ownership structure and a
demonstration that financial policy will remain stable and
prudent over time.
Consistently negative free cash flows, deteriorated liquidity
and/or increased leverage as measured by net debt to EBITDA
above 3.0 probably due to acquisition could place downward
pressure on the company's rating or outlook.
Headquartered in Montes Claros, Brazil, Magnesita Refratarios
S.A. is Brazil's largest manufacturer of refractories used for
industrial high-temperature processes such as iron and steel,
cement, glass and others. The company reported consolidated
revenues of BRL1,199 million (US$574 million) in 2007, thereof
approximately 83% achieved in Brazil, 5% in Argentina, and 12%
generated from exports.
NET SERVICOS: To Concentrate on Offering Bundled Services
---------------------------------------------------------
Net Servicos de Comunicacao SA's General Director Jose Felix
told reporters that the firm will concentrate on offering its
bundled services this year.
Mr. Felix commented to Business News Americas, "Before the
launch of Net Fone.com [which is the name of the package, not a
website address], the company's products were only reaching
[higher income] classes A and B. Our penetration in [lower
income] class C was very low. With this package we entered the
class C market and we want to increase our product's offer to
this segment."
BNamericas relates that Net Servicos' package contains:
-- fixed telephony service,
-- broadband Internet connection of 100 kilobits per
second, and
-- quality television signal to open public channels.
Mr. Felix also told BNamericas that there a partnership with
Claro for the offer of quadruple play services is very likely.
At this point, we are working on identifying something that
would add value to clients of both companies and also interest
new possible customers."
Headquartered in Sao Paulo, Brazil, Net Servicos de Comunicacao
SA -- http://nettv.globo.com/NETServ/us/empr/sobr_visao.jsp--
is the largest pay-television operator in Latin America. The
company operates in 79 Brazilian cities, including Sao Paulo,
Rio de Janeiro, Belo Horizonte and Porto Alegre. It is also the
leading provider of high-speed cable modem Internet access
through Net Virtua service. Its advanced network of coaxial and
fiber-optic cable covers over 44,000 kilometers and passes
approximately 9 million homes.
* * *
As reported in the Troubled Company Reporter-Latin America on
Jan. 21, 2008, Moody's Investors Service assigned a Ba2 foreign
currency rating to the proposed up to US$200 million guaranteed
long term senior unsecured notes to be issued by Net Servicos de
Comunicacao S.A. The rating outlook is stable.
SADIA SA: Shareholders OK Big Foods & Avicola Indust'l Purchase
---------------------------------------------------------------
Sadia S.A.'s shareholders, by majority voting at the
Extraordinary General Meeting on April 17, ratified proposals
to acquire the controlling interest of Big Foods Industria de
Produtos Alimenticios Ltda. and of Avicola Industrial Buriti
Alegre Ltda, a regulatory filing with the U.S. Securities and
Exchange Commission says.
According to the SEC disclosure, shareholders agreed to purchase
the controlling interest of Big Foods for BRL53,500,000 and for
Avicola Industrial, BRL53,866,000.
Sadia S.A., headquartered in Sao Paulo, Brazil, exports over
1,000 different products to more than 100 countries and is the
largest slaughterer and distributor of poultry and pork
products, as well as the leading refrigerated and frozen protein
products company in Brazil. For the last twelve months ending
in December 2006, the company had net sales of BRL 6.9 billion
(ca. US$3 billion) with approximately 45% of revenues derived
from exports.
* * *
As reported by the Troubled Company Reporter-Latin America on
Feb. 26, 2007, Standard & Poor's Ratings Services affirmed its
'BB' long-term corporate credit rating on Sadia S.A. The
outlook is stable.
UAL CORP: US$542 Mil. Pretax Loss Does Not Affect S&P's 'B' Rtg.
----------------------------------------------------------------
Standard & Poor's Ratings Services said that its ratings and
outlook on UAL Corp., parent of United Air Lines Inc. (both
rated B/Negative/--) are not affected by UAL's report of a heavy
first-quarter loss. UAL reported a first-quarter US$542 million
pretax loss, as much higher fuel prices more than offset
increased revenues. S&P had revised its rating outlook on both
entities to negative from stable on April 16, 2008. In that
outlook revision, S&P cited very high fuel prices and the
expected effect on UAL revenues of a weak U.S. economy.
UAL's loss is expected to be the worst reported by a U.S.
Airline in the first quarter of 2008, and has prompted the
company to pursue further capacity reductions, cost cuts,
capital expenditure reductions, and initiatives to generate
added revenues. Management also suggested that the difficult
outlook only strengthens the need for a U.S. airline industry
consolidation, which would include a merger of UAL with another
airline.
UAL has manageable 2008 debt maturities (US$928 million) and
relatively low (and just reduced) planned capital spending of
US$450 million. Unrestricted cash was US$2.9 billion at
March 31, lower relative to the size of the company's revenue
base than that of some other airlines. Still, the principal
near-term issue for UAL is potential violation of the fixed-
charge covenant in United's bank facility. The fixed-charge
covenant is defined as consolidated EBITDAR to cash interest
plus cash aircraft rents plus scheduled debt maturities, with a
minimum level of 1.0x, increasing to 1.1x at Dec. 31, 2008.
UAL's 2008 fixed charges, as defined, are estimated at about
US$1.8 billion. There is currently a reasonable cushion in the
fixed-charge covenant, but that could well change, given the
likelihood of a significant loss for the year.
In response, UAL could choose to seek a negotiated amendment or
waiver, pay off the facility (US$1.2 billion outstanding), or
pursue other actions. United has US$3 billion of aircraft,
spare engines, spare parts, and other "hard assets," that could
potentially support secured borrowing or generate proceeds from
a sale. The company is also pursuing a sale of its aircraft
maintenance business, though that requires consent of the union
representing United mechanics.
Based in Chicago, Illinois, UAL Corporation (NASDAQ: UAUA)
-- http://www.united.com/-- is the holding company for United
Airlines, Inc. United Airlines is the world's second largest
air carrier. The airline flies to Brazil, Korea and Germany.
==========================
C A Y M A N I S L A N D S
==========================
ACKDON GAMMA: Proofs of Claim Filing Deadline is May 1
------------------------------------------------------
Ackdon Gamma Fund's creditors have until May 1, 2008, to prove
their claims to Frank Ackerer and Olivier Claudon, 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.
Ackdon Gamma's shareholders agreed on March 4, 2008, to place
the company into voluntary liquidation under The Companies Law
(2004 Revision) of the Cayman Islands.
The liquidators can be reached at:
Frank Ackerer and Olivier Claudon
Maples Finance Limited
P.O. Box 1093, George Town
Grand Cayman, Cayman Islands
BANK RAKYAT: To Present 1st Quarter 2008 Earnings on April 29
-------------------------------------------------------------
PT Bank Rakyat Indonesia Tbk will hold its first quarter 2008
Earnings Presentation on April 29, 2008.
As reported by the Troubled Company Reporter-Asia Pacific on
April 1, 2008, the bank is targeting a 10-15% rise in its
2008 net profit.
For the quarter ended March 31, 2007, Bank Rakyat reported net
income of IDR1.2 trillion. The TCR-AP also reported on March
31, 2008, that Bank Rakyat's 2007 net profit increased 13.6% to
IDR4.84 trillion from IDR4.26 trillion in 2006, after net
interest margins declined slightly.
Headquartered in Jakarta, Indonesia, PT Bank Rakyat Indonesia
(Persero) Tbk's -- http://www.bri.co.id/-- services comprise
Savings, Credits and Syariah. In addition, the bank divides its
financial and business services into three groups: Business
Services, consisting of bank guarantees, bank clearance,
automatic teller machines and safe deposit boxes; Financial
Services, consisting of bill payments, CEPEBRI, INKASO, deposit
acceptance, online transactions and transfers, and Other
Services, consisting of tax and fine payments, donations,
Western Union and zakat contributions. During the year ended
Dec. 31, 2005, the bank had one branch office in Cayman Islands
and two representative offices in New York and Hong Kong,
respectively.
The Troubled Company Reporter-Asia Pacific reported on Oct. 19,
2007, that Moody's Investors Service raised Bank Rakyat's
foreign currency long-term debt rating to Ba2 from Ba3 and its
foreign currency long-term deposit ratings to B1 from B2.
Fitch Ratings affirmed all the ratings of PT Bank Rakyat
Indonesia (Persero) Tbk:
* Long-term foreign Issuer Default rating 'BB-',
* Short-term rating 'B',
* National Long-term rating 'AA+(idn)',
* Individual 'C/D', and
* Support '4'.
COURAGE HEDGED: Proofs of Claim Filing is Until May 1
-----------------------------------------------------
Courage Hedged US Equity Master Fund, Ltd.'s creditors have
until May 1, 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.
Courage Hedged's shareholders agreed on Dec. 31, 2007, 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
Maples Finance Limited
P.O. Box 1093, George Town
Grand Cayman, Cayman Islands
COURAGE HEDGED US: Proofs of Claim Filing Deadline is May 1
-----------------------------------------------------------
Courage Hedged US Equity Offshore Fund, Ltd.'s creditors have
until May 1, 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.
Courage Hedged's shareholders agreed on Dec. 31, 2007, 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
Maples Finance Limited
P.O. Box 1093, George Town
Grand Cayman, Cayman Islands
F.Y. FUNDING: Proofs of Claim Filing is Until May 1
---------------------------------------------------
F.Y. Funding Cayman Limited's creditors have until May 1, 2008,
to prove their claims to Joshua Grant and Phillipa White, 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.
F.Y. Funding's shareholder decided on March 12, 2008, to place
the company into voluntary liquidation under The Companies Law
(2004 Revision) of the Cayman Islands.
The liquidators can be reached at:
Joshua Grant and Phillipa White
Maples Finance Limited
P.O. Box 1093, George Town
Grand Cayman, Cayman Islands
HYDRA VI: Proofs of Claim Filing Deadline is May 1
--------------------------------------------------
Hydra VI Funding Corporation's creditors have until May 1, 2008,
to prove their claims to Martin Couch and Giles Kerley, 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.
Hydra VI's shareholders agreed on March 12, 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 Giles Kerley
Maples Finance Limited
P.O. Box 1093, George Town
Grand Cayman, Cayman Islands
PARMALAT SPA: Factorit & Italease Settle Revocatory Suit
--------------------------------------------------------
Factorit S.p.A. and Banca Italease S.p.A. have settled the claim
related to revocatory action filed by Parmalat S.p.A. in
Extraordinary Administration and by Parmalat S.p.A., Assumptor
of the Proposal of Composition.
The Factorit settled the revocatory action and committed to
pay of EUR2,500,000 as well as to relinquishing in favor of
Parmalat the outstanding credits that have not been collected by
Factorit.
Italease is foregoing the right to claim in the bankruptcy
procedure for the payment made. Litigation expenses will be
compensated among the parties.
About Parmalat
Headquartered in Milan, Italy, Parmalat S.p.A.
-- http://www.parmalat.net/-- sells nameplate milk products
that can be stored at room temperature for months. It also has
about 40 brand product lines, which include yogurt, cheese,
butter, cakes and cookies, breads, pizza, snack foods and
vegetable sauces, soups and juices.
The company's U.S. operations filed for chapter 11 protection on
Feb. 24, 2004 (Bankr. S.D.N.Y. Case No. 04-11139). Gary
Holtzer, Esq., and Marcia L. Goldstein, Esq., at Weil Gotshal &
Manges LLP, represent the Debtors. When the U.S. Debtors filed
for bankruptcy protection, they reported more than US$200
million in assets and debts. The U.S. Debtors emerged from
bankruptcy on April 13, 2005.
Parmalat S.p.A. and its Italian affiliates filed separate
petitions for Extraordinary Administration before the Italian
Ministry of Productive Activities and the Civil and Criminal
District Court of the City of Parma, Italy on Dec. 24, 2003.
Dr. Enrico Bondi was appointed Extraordinary Commissioner in
each of the cases. The Parma Court has declared the units
insolvent.
On June 22, 2004, Dr. Bondi filed a Sec. 304 Petition, Case No.
04-14268, in the United States Bankruptcy Court for the Southern
District of New York.
Parmalat has three financing arms: Dairy Holdings Ltd., Parmalat
Capital Finance Ltd., and Food Holdings Ltd. Dairy Holdings and
Food Holdings are Cayman Island special-purpose vehicles
established by Parmalat S.p.A. The Finance Companies are under
separate winding up petitions before the Grand Court of the
Cayman Islands. Gordon I. MacRae and James Cleaver of Kroll
(Cayman) Ltd. serve as Joint Provisional Liquidators in the
cases. On Jan. 20, 2004, the Liquidators filed Sec. 304
petition, Case No. 04-10362, in the United States Bankruptcy
Court for the Southern District of New York. In May 2006, the
Cayman Island Court appointed Messrs. MacRae and Cleaver as
Joint Official Liquidators. Gregory M. Petrick, Esq., at
Cadwalader, Wickersham & Taft LLP, and Richard I. Janvey, Esq.,
at Janvey, Gordon, Herlands Randolph, represent the Finance
Companies in the Sec. 304 case.
The Honorable Robert D. Drain presides over the Parmalat
Debtors' U.S. cases. On June 21, 2007, the U.S. Court Granted
Parmalat Permanent Injunction.
PARMALAT SPA: Selling Newlat SpA to TMT Finance
-----------------------------------------------
Parmalat S.p.A., following a competitive procedure, has
signed a contract with TMT Finance S.A. to dispose of the entire
share capital of Newlat S.p.A., in compliance with antitrust
rulings no. 14452 dated June 30, 2005, and no. 16282 dated
Dec. 31, 2006.
Disposal of the shares is subject to approval and authorization
of the purchase by the Italian competition and market authority.
Newlat has its registered offices in Reggio Emilia, and has been
part of the Parmalat group since August 2006 after coming out of
controlled administration procedure. The company operates under
the "Polenghi," "Matese," "Giglio," "Torre in Pietra" and "Fior
di Salento" brands.
Newlat reported turnover of around EUR150 million in 2007, and
had a headcount numbering more than 300 staff.
TMT, with headquarters in Lugano in Switzerland, has a footprint
in various sectors of the food and agricultural industry, such
as milling, production of pasta and milk and dairy produce, and
also in shipping and modern trade distribution. The TMT Group’s
reported consolidated 2007 turnover of more than EUR200 million,
with a headcount of over 600 staff and a production structure
distributed across 12 facilities in Italy.
Newlat will be sold at the closing date for a token value of
EUR1, against the sale by Parmalat to Newlat of a receivable in
an amount of up to EUR8 million, again for a token value of
EUR1.
Inter-company items for an amount of approximately EUR4.5
million will be reimbursed before the closing, with an estimated
cash flow of equal amount in favor of Parmalat Group.
The sale will not have any economic impact on Parmalat. With
this transaction, Parmalat will de-consolidate financial debt
and amounts payable under finance leases for a total of
around EUR36 million on the basis of the situation as at
March 31, 2008.
Parmalat S.p.A. will promptly inform of the execution of shares
transfer as per the agreement signed.
About Parmalat
Headquartered in Milan, Italy, Parmalat S.p.A.
-- http://www.parmalat.net/-- sells nameplate milk products
that can be stored at room temperature for months. It also has
about 40 brand product lines, which include yogurt, cheese,
butter, cakes and cookies, breads, pizza, snack foods and
vegetable sauces, soups and juices.
The company's U.S. operations filed for chapter 11 protection on
Feb. 24, 2004 (Bankr. S.D.N.Y. Case No. 04-11139). Gary
Holtzer, Esq., and Marcia L. Goldstein, Esq., at Weil Gotshal &
Manges LLP, represent the Debtors. When the U.S. Debtors filed
for bankruptcy protection, they reported more than US$200
million in assets and debts. The U.S. Debtors emerged from
bankruptcy on April 13, 2005.
Parmalat S.p.A. and its Italian affiliates filed separate
petitions for Extraordinary Administration before the Italian
Ministry of Productive Activities and the Civil and Criminal
District Court of the City of Parma, Italy on Dec. 24, 2003.
Dr. Enrico Bondi was appointed Extraordinary Commissioner in
each of the cases. The Parma Court has declared the units
insolvent.
On June 22, 2004, Dr. Bondi filed a Sec. 304 Petition, Case No.
04-14268, in the United States Bankruptcy Court for the Southern
District of New York.
Parmalat has three financing arms: Dairy Holdings Ltd., Parmalat
Capital Finance Ltd., and Food Holdings Ltd. Dairy Holdings and
Food Holdings are Cayman Island special-purpose vehicles
established by Parmalat S.p.A. The Finance Companies are under
separate winding up petitions before the Grand Court of the
Cayman Islands. Gordon I. MacRae and James Cleaver of Kroll
(Cayman) Ltd. serve as Joint Provisional Liquidators in the
cases. On Jan. 20, 2004, the Liquidators filed Sec. 304
petition, Case No. 04-10362, in the United States Bankruptcy
Court for the Southern District of New York. In May 2006, the
Cayman Island Court appointed Messrs. MacRae and Cleaver as
Joint Official Liquidators. Gregory M. Petrick, Esq., at
Cadwalader, Wickersham & Taft LLP, and Richard I. Janvey, Esq.,
at Janvey, Gordon, Herlands Randolph, represent the Finance
Companies in the Sec. 304 case.
The Honorable Robert D. Drain presides over the Parmalat
Debtors' U.S. cases. On June 21, 2007, the U.S. Court Granted
Parmalat Permanent Injunction.
PARMALAT SPA: NJ Judge Dismisses Most Claims Versus Citigroup
-------------------------------------------------------------
The Hon. Jonathan N. Harris of the New Jersey Superior Court has
dismissed most of the claims filed by Parmalat S.p.A. against
Citigroup Inc., Bloomberg News reports.
According to the report, Judge Harris has dismissed fraud,
conspiracy, racketeering and unjust enrichment charges against
Citigroup.
Citigroup, however, will still go to trial May 5, 2008, for
charges of aiding and abetting breach of fiduciary duty relating
to the corrupt insiders' larceny from Parmalat.
"We look forward to vindication on the remaining claims and our
counterclaims for the losses we suffered as a victim of
Parmalat's admitted fraud," Citigroup spokeswoman Andrea Hurst
told Bloomberg News.
Parmalat said the ruling narrowed its claims and measure of
damages against Citigroup. Bloomberg News relates that Judge
Harris didn't specify the size of Citigroup's potential
liability.
About Parmalat
Headquartered in Milan, Italy, Parmalat S.p.A.
-- http://www.parmalat.net/-- sells nameplate milk products
that can be stored at room temperature for months. It also has
about 40 brand product lines, which include yogurt, cheese,
butter, cakes and cookies, breads, pizza, snack foods and
vegetable sauces, soups and juices.
The company's U.S. operations filed for chapter 11 protection on
Feb. 24, 2004 (Bankr. S.D.N.Y. Case No. 04-11139). Gary
Holtzer, Esq., and Marcia L. Goldstein, Esq., at Weil Gotshal &
Manges LLP, represent the Debtors. When the U.S. Debtors filed
for bankruptcy protection, they reported more than
US$200 million in assets and debts. The U.S. Debtors emerged
from bankruptcy on April 13, 2005.
Parmalat S.p.A. and its Italian affiliates filed separate
petitions for Extraordinary Administration before the Italian
Ministry of Productive Activities and the Civil and Criminal
District Court of the City of Parma, Italy on Dec. 24, 2003.
Dr. Enrico Bondi was appointed Extraordinary Commissioner in
each of the cases. The Parma Court has declared the units
insolvent.
On June 22, 2004, Dr. Bondi filed a Sec. 304 Petition, Case No.
04-14268, in the United States Bankruptcy Court for the Southern
District of New York.
Parmalat has three financing arms: Dairy Holdings Ltd., Parmalat
Capital Finance Ltd., and Food Holdings Ltd. Dairy Holdings and
Food Holdings are Cayman Island special-purpose vehicles
established by Parmalat S.p.A. The Finance Companies are under
separate winding up petitions before the Grand Court of the
Cayman Islands. Gordon I. MacRae and James Cleaver of Kroll
(Cayman) Ltd. serve as Joint Provisional Liquidators in the
cases. On Jan. 20, 2004, the Liquidators filed Sec. 304
petition, Case No. 04-10362, in the United States Bankruptcy
Court for the Southern District of New York. In May 2006, the
Cayman Island Court appointed Messrs. MacRae and Cleaver as
Joint Official Liquidators. Gregory M. Petrick, Esq., at
Cadwalader, Wickersham & Taft LLP, and Richard I. Janvey, Esq.,
at Janvey, Gordon, Herlands Randolph, represent the Finance
Companies in the Sec. 304 case.
The Honorable Robert D. Drain presides over the Parmalat
Debtors' U.S. cases. On June 21, 2007, the U.S. Court granted
Parmalat permanent injunction.
PARMALAT SPA: Court Closes Chapter 11 Cases of Former U.S. Units
----------------------------------------------------------------
Judge Robert D. Drain of the U.S. Bankruptcy Court for the
Southern District of New York entered a final decree closing the
Chapter 11 cases of Parmalat USA Corp., Farmland Dairies LLC,
and Farmland Stremicks Sub, L.L.C.
Pursuant to Section 1930(a)(6) of the Judiciary and Judicial
Procedures Code, the Reorganized and Liquidating Debtors will
not be obligated to pay quarterly fees to the U.S. Trustee for
any period beyond March 31, 2008 with respect to their Chapter
11 cases.
The Final Decree is without prejudice to the rights of the
Debtors or any party-in-interest to seek to reopen their Chapter
11 cases.
On behalf of Parmalat USA, Farmland Dairies and Farmland
Stremicks, formerly known as Milk Prodcts of Alabama L.L.C.,
Gary T. Holtzer, Esq., at Weil, Gotshal & Manges, LLP, in New
York, said the U.S. Debtors have resolved approximately all of
the 970 claims that were filed in their cases, as well as other
matters which remained open after the confirmation of their
Modified Chapter 11 Plan of Reorganization dated March 9, 2005.
Mr. Holtzer said there are two pending claims objections
remaining:
(a) Parmalat USA and Farmland's objection to a priority tax
claim filed by the New York State Department of Taxation
and Finance; and
(b) Parmalat USA's objection to a general unsecured personal
injury claim.
According to Mr. Holtzer, the U.S. Debtors are hopeful that
those claims can be resolved without further intervention of the
Court. In the interim, the U.S. Debtors have created reserves
for those disputed claims and hence are able to satisfy those
claims upon allowance.
Mr. Holtzer said the U.S. Debtors' cases have been "fully
administered" within the meaning of Section 350.
According to Mr. Holtzer, other than the two pending claims
objections, the U.S. Debtors' only remaining obligations will be
to:
(i) make additional distributions pursuant to the Plan;
(ii) file tax returns; and
(iii) in the cases of Parmalat USA and MPA, dissolve.
Allowing the U.S. Debtors to close their Chapter 11 cases will
save significant expenses and benefit all parties, Mr. Holtzer
said. Until the Court enters a final decree closing the cases,
the U.S. Debtors may be required to continue payment of
quarterly fees to the U.S. Trustee. The U.S. Debtors have filed
with the Clerk of the Court their Bankruptcy Closing Report.
Accordingly, the U.S. Debtors submit that there is ample
justification for the entry of a final decree closing their
Chapter 11 cases.
A full-text copy of the U.S. Debtors Closing report is available
at no charge at:
http://bankrupt.com/misc/ParmalatUSClosingReport.pdf
About Parmalat
Headquartered in Milan, Italy, Parmalat S.p.A.
-- http://www.parmalat.net/-- sells nameplate milk products
that can be stored at room temperature for months. It also has
about 40 brand product lines, which include yogurt, cheese,
butter, cakes and cookies, breads, pizza, snack foods and
vegetable sauces, soups and juices.
The company's U.S. operations filed for chapter 11 protection on
Feb. 24, 2004 (Bankr. S.D.N.Y. Case No. 04-11139). Gary
Holtzer, Esq., and Marcia L. Goldstein, Esq., at Weil Gotshal &
Manges LLP, represent the Debtors. When the U.S. Debtors filed
for bankruptcy protection, they reported more than
US$200 million in assets and debts. The U.S. Debtors emerged
from bankruptcy on April 13, 2005.
Parmalat S.p.A. and its Italian affiliates filed separate
petitions for Extraordinary Administration before the Italian
Ministry of Productive Activities and the Civil and Criminal
District Court of the City of Parma, Italy on Dec. 24, 2003.
Dr. Enrico Bondi was appointed Extraordinary Commissioner in
each of the cases. The Parma Court has declared the units
insolvent.
On June 22, 2004, Dr. Bondi filed a Sec. 304 Petition, Case No.
04-14268, in the United States Bankruptcy Court for the Southern
District of New York.
Parmalat has three financing arms: Dairy Holdings Ltd., Parmalat
Capital Finance Ltd., and Food Holdings Ltd. Dairy Holdings and
Food Holdings are Cayman Island special-purpose vehicles
established by Parmalat S.p.A. The Finance Companies are under
separate winding up petitions before the Grand Court of the
Cayman Islands. Gordon I. MacRae and James Cleaver of Kroll
(Cayman) Ltd. serve as Joint Provisional Liquidators in the
cases. On Jan. 20, 2004, the Liquidators filed Sec. 304
petition, Case No. 04-10362, in the United States Bankruptcy
Court for the Southern District of New York. In May 2006, the
Cayman Island Court appointed Messrs. MacRae and Cleaver as
Joint Official Liquidators. Gregory M. Petrick, Esq., at
Cadwalader, Wickersham & Taft LLP, and Richard I. Janvey, Esq.,
at Janvey, Gordon, Herlands Randolph, represent the Finance
Companies in the Sec. 304 case.
The Honorable Robert D. Drain presides over the Parmalat
Debtors' U.S. cases. On June 21, 2007, the U.S. Court granted
Parmalat permanent injunction.
PARMALAT SPA: Trustee Seeks 3-Year Extension of Farmland Trust
--------------------------------------------------------------
At the behest of Gerald K. Smith, as Trustee of the Farmland
Dairies LLC Litigation Trust, the U.S. Bankruptcy Court for the
Southern District of New York extended the life of the Trust for
an additional three-year term, through and including April 12,
2011.
Mr. Smith relates that Farmland Trust was created under a trust
agreement between Farmland Dairies and Mr. Smith, in order to
pursue certain claims previously held by Farmland. The Trust
Agreement assigned the claims to Farmland Trust, and provided
that the claims be liquidated and ultimately distributed to
certain creditors as beneficiaries.
According to Mr. Smith, Farmland Trust has already distributed
US$36,126,269 to its beneficiaries, from claims that were
previously liquidated. Farmland Trust is currently pursuing
additional claims in 17 Italian courts as well as in the United
States District Court for the Southern District of New York.
Mr. Smith believes that the pending claims are meritorious, and
will result in substantial recoveries for Farmland Trust.
However, Mr. Smith maintains, resolution of those matters will
take additional time.
In order to ensure certain tax advantages, and out of an
abundance of caution, Farmland Trust was established for a
three-year term, Mr. Smith relates. The Trust Agreement
provides that the three-year term, which will expire on
April 12, 2008, may be extended for up to three years. Mr.
Smith believes that an extension will not prejudice Farmland
Trust's tax status.
Mr. Smith states that he is aware of no reason for the
Bankruptcy Court to deny the extension of Farmland Trust's
three-year term.
Mr. Smith reserves the right to seek an additional extension, if
it becomes necessary and is in the best interest of Farmland
Trust's beneficiaries.
About Parmalat
Headquartered in Milan, Italy, Parmalat S.p.A.
-- http://www.parmalat.net/-- sells nameplate milk products
that can be stored at room temperature for months. It also has
about 40 brand product lines, which include yogurt, cheese,
butter, cakes and cookies, breads, pizza, snack foods and
vegetable sauces, soups and juices.
The company's U.S. operations filed for chapter 11 protection on
Feb. 24, 2004 (Bankr. S.D.N.Y. Case No. 04-11139). Gary
Holtzer, Esq., and Marcia L. Goldstein, Esq., at Weil Gotshal &
Manges LLP, represent the Debtors. When the U.S. Debtors filed
for bankruptcy protection, they reported more than
US$200 million in assets and debts. The U.S. Debtors emerged
from bankruptcy on April 13, 2005.
Parmalat S.p.A. and its Italian affiliates filed separate
petitions for Extraordinary Administration before the Italian
Ministry of Productive Activities and the Civil and Criminal
District Court of the City of Parma, Italy on Dec. 24, 2003.
Dr. Enrico Bondi was appointed Extraordinary Commissioner in
each of the cases. The Parma Court has declared the units
insolvent.
On June 22, 2004, Dr. Bondi filed a Sec. 304 Petition, Case No.
04-14268, in the United States Bankruptcy Court for the Southern
District of New York.
Parmalat has three financing arms: Dairy Holdings Ltd., Parmalat
Capital Finance Ltd., and Food Holdings Ltd. Dairy Holdings and
Food Holdings are Cayman Island special-purpose vehicles
established by Parmalat S.p.A. The Finance Companies are under
separate winding up petitions before the Grand Court of the
Cayman Islands. Gordon I. MacRae and James Cleaver of Kroll
(Cayman) Ltd. serve as Joint Provisional Liquidators in the
cases. On Jan. 20, 2004, the Liquidators filed Sec. 304
petition, Case No. 04-10362, in the United States Bankruptcy
Court for the Southern District of New York. In May 2006, the
Cayman Island Court appointed Messrs. MacRae and Cleaver as
Joint Official Liquidators. Gregory M. Petrick, Esq., at
Cadwalader, Wickersham & Taft LLP, and Richard I. Janvey, Esq.,
at Janvey, Gordon, Herlands Randolph, represent the Finance
Companies in the Sec. 304 case.
The Honorable Robert D. Drain presides over the Parmalat
Debtors' U.S. cases. On June 21, 2007, the U.S. Court granted
Parmalat permanent injunction.
=========
C H I L E
=========
EASTMAN KODAK: S&P Holds B+ Corporate Credit Rating
---------------------------------------------------
Standard & Poor's Ratings Services revised its outlook on
Eastman Kodak Co. to stable from negative. At the same time,
S&P affirmed the ratings, including the 'B+' corporate credit
rating.
"The outlook change reflects our opinion that a near-term
downgrade is unlikely," explained Standard & Poor's credit
analyst Tulip Lim.
Kodak has substantial liquid resources. Additionally, S&P
believes that absent significant acquisitions or sharp earnings
deterioration, leverage is not likely to increase in the near-
term. S&P expects that the company's discretionary cash flow
generation will improve this year because it will be making less
cash restructuring payments than it did last year. S&P believes
that Kodak may be starting to gain some traction with its
digital business, reducing its exposure to the secular decline
of its traditional products.
The rating reflects Standard & Poor's concern about the
company's earnings and cash flow prospects in light of the
ongoing and rapid deterioration of its traditional consumer
imaging business, the unproven long-term profit potential of its
consumer digital imaging businesses, its still-meaningful cash
restructuring costs, and its leveraged financial profile.
Kodak's substantial cash balances, competitive positions in
various digital imaging markets, some business diversity
provided by the Graphic Communications Group, and our
expectation that cash restructuring costs will subside in 2009,
only partially offset these risks.
Headquartered in Rochester, New York, Eastman Kodak Co. (NYSE:
EK)-- http://www.kodak.com/-- develops, manufactures, and
markets digital and traditional imaging products, services, and
solutions to consumers, businesses, the graphic communications
market, the entertainment industry, professionals, healthcare
providers, and other customers.
The company has operations in Argentina, Chile, Denmark, Greece,
Jordan, Yemen, Australia, China among others.
METHANEX CORP: Earns US$65.4 Million in 2008 First Quarter
----------------------------------------------------------
Methanex Corporation reported net income of US$65.4 million on
net revenues of US$735.9 million for the first quarter of 2008,
compared to net income of US$144.7 million on net revenues of
US$673.9 million for the same quarter of 2007.
Bruce Aitken, President and CEO of Methanex commented, "Our
average realized price in the first quarter was $545 per tonne
which resulted in another good quarter of earnings for our
shareholders. Our earnings under this pricing environment would
normally be higher, however, we sourced less of our sales
from produced methanol during the first quarter and more from
purchased methanol and this had an impact on our profitability.
In addition, methanol pricing peaked in December and decreased
through the first quarter and, as is typical in a decreasing
methanol price environment, our sales margins on both produced
and purchased methanol are impacted by inventory timing issues."
Mr. Aitken added, "In the high methanol price environment of the
last six months, we saw China moving from being a net importer
to a net exporter, which we believe has been the most
significant factor causing the methanol market to rebalance and
methanol prices to decline. We have also seen some regional
softness in demand in some derivatives, but globally we continue
to observe that demand for methanol is healthy and the high
energy price environment continues to underpin strong demand
growth for new methanol demand in energy applications,
particularly in DME and fuel blending in China."
Mr. Aitken continued, "China has recently reverted to being a
net importer and spot methanol prices are increasing. We are
continuing to make good progress on our initiatives to source
more gas in Chile and we recently agreed to terms on a gas
supply arrangement in New Zealand which will allow us to switch
production to one of our larger idle plants in the second half
of the year."
Mr. Aitken concluded, "Our strong cash generation in the first
quarter continues to leave us in a strong financial position.
With US$465 million cash on hand at the end of the quarter, a
strong balance sheet and a US$250 million undrawn credit
facility, we are well positioned to meet our financial
commitments related to the Egypt methanol project, pursue
opportunities to accelerate natural gas development in southern
Chile, pursue opportunities to sponsor methanol demand in new
energy applications, pursue other strategic growth initiatives,
and continue to deliver on our commitment to return excess
cash to shareholders."
Vancouver-based Methanex Corp. (Toronto: MX) (NASDAQGM: MEOH) --
http://www.methanex.com/-- is a publicly-traded company engaged
in the production, distribution, and marketing of methanol. The
company's stock also trate on foreign securities market of the
Santiago Stock Exchange in Chile under the trading symbol
"Methanex."
* * *
Moody's Investor Services' credit ratings for the company's
unsecured notes at Sept. 30, 2007, is Ba1. Moody's said the
outlook is stable.
===============
C O L O M B I A
===============
GMAC LLC: Moody's May Further Cut B2 Rating After Review
---------------------------------------------------------
Moody's Investors Service downgraded GMAC LLC's senior rating to
B2 from B1; the rating remains on review for further possible
downgrade.
This action follows Moody's rating downgrade of ResCap LLC,
GMAC's wholly-owned residential mortgage unit, to Caa1 from B2.
The GMAC downgrade is based upon Moody's opinion that further
operating weakness at ResCap poses risks to GMAC's capital
position and liquidity that exceed previous estimates. In
particular, Moody's believe that for ResCap to have continued
access to debt capital, GMAC may be required to provide
additional indications of support to the unit and that it is
likely to do so. As noted in the ResCap related press release,
ResCap faces significant near-term refinancing needs.
GMAC has strategic significance to GM, as its exclusive provider
of consumer incentive financing for nearly all of its brands,
and as a provider of inventory floorplan loans to GM's dealer
base. As a consequence, Moody's don't believe GMAC's owners
intend to compromise the firm's credit profile to the point of
weakening its ability to perform under its contractual asset
origination and servicing obligations to GM. It is our belief,
however, that the ResCap exposures that GMAC has accumulated to
date, and may yet further accumulate, represent a risk
concentration that could challenge the strength of the GMAC's
credit standing.
During its review, Moody's will examine GMAC's intentions for
supporting ResCap through its difficulties, as well as the terms
pertaining to any such support extension.
Moody's considers GMAC's stand-alone strengths in its auto
finance and insurance businesses to continue to provide support
to its rating profile.
Ratings downgraded and placed under review for further downgrade
include:
-- Issuer rating: to B2 from B1
-- Senior Unsecured: to B2 from B1
-- Preferred Stock: to Caa2 from Caa1
GMAC LLC -- http://www.gmacfs.com/-- formerly General Motors
Acceptance Corporation, is a global, diversified financial
services company that operates in approximately 40 countries in
automotive finance, real estate finance, insurance and other
commercial businesses. GMAC was established in 1919 and employs
approximately 26,700 people worldwide. Cerberus Capital
Management LP bought 51% GMAC LLC stake from General Motors
Corp. on December 2006. Its Latin American operations are
located in Argentina, Brazil, Chile, Colombia, Mexico and
Venezuela.
==================
C O S T A R I C A
==================
SIRVA INC: Court Extends Confirmation Hearing for Two Days
----------------------------------------------------------
Judge James M. Peck of the U.S. Bankruptcy Court for the
Southern District of New York has extended SIRVA, Inc.'s
confirmation trial for two more days, reports The Wall Street
Journal.
The Confirmation Hearing, which commenced April 18, 2008, was
scheduled to go for two days. However, Judge Peck added a
couple more days to allow for more time, says the report.
"I am deeply concerned about the fire-drill aspects of this
bankruptcy case," Judge Peck told parties-in-interest present at
the Hearing.
Prior to April 18, the Debtors sought court approval to modify
their Plan to address objections filed by certain Class 5
unsecured creditors who were slated to recover nothing under the
Plan.
However, the Official Committee of Unsecured Creditors said the
changes require the Debtors to send its Plan back to creditors
for voting, says Dow Jones Newswires.
Due to continuing criticism at the Hearing, counsel for the
Debtors, Marc Kieselstein, P.C., at Kirkland and Ellis LLP in
Chicago, Illinois, had said the Debtors will withdraw the
changes, and revert back to the original plan, Dow Jones
reports.
Plan Confirmation May be Further Delayed
Judge Peck said he is unlikely to approve SIRVA's Prepackaged
Joint Plan of Reorganization by April 30, 2008 -- the deadline
imposed by LaSalle Bank, an agent for SIRVA's secured lenders,
reports Tiffany Kary of Bloomberg News.
"There must be a Plan B because you are not going to put a gun
to my head to decide this by April 30," Judge Peck said.
The judge asked the banks to extend the April 30 deadline to
May 14, 2008.
Representing LaSalle, Bojan Guzina, Esq., said the bank made a
recommendation to the lenders to extend the financing to May 14.
"We don't think it will be a problem and will be resolved early
[this] week," Mr. Guzina told Bloomberg News.
The Debtors' operations are funded through a securitization
program from LaSalle. The funding gives the Debtors access to
as much as US$182,500,000 at any time. The Debtors have
US$9,000,000 in equity in the LaSalle securitization at present.
LaSalle also has a US$19,000,000 priority claim from the
Debtors. If the lenders decide to pull the financing, the
Debtors may be forced to borrow more money under its exit loan,
Bloomberg says.
Parties Fight Over Reports
Prior to the Confirmation Hearing, the Official Committee of
Unsecured Creditors asked the Court to exclude from the record
at the Hearing the Debtors' entity level liquidation analyses
rebuttal report dated April 10, 2008.
Under the Court-established deadlines for fact and expert
discovery, parties were directed to exchange expert reports on
April 4, 2008, and rebuttal expert reports by April 10. On
April 10, the Debtors produced their Entity Level Liquidation
Analyses Rebuttal Report.
According to Committee counsel, Ilan D. Scharf, Esq., at
Pachulski Stang Ziehl & Jones LLP, in New York, the Debtors'
Rebuttal Report addresses the Debtors' contention that there is
no recovery to unsecured Class 5 claims in a liquidation on an
entity level. The reports filed by the Committee do not address
liquidation at an entity level.
Mr. Scharf argued that the Debtors' Rebuttal Report is nothing
more than a new report delivered too late and a supplement to
the Debtors' liquidation analysis dated April 5, 2008 -- and
should, therefore, be excluded. The Committee pointed out that
it is not a rebuttal report but an expert report that should
have been produced on April 5.
The Committee further maintained that the Court should exclude
the Debtors' Rebuttal Report from the record because admission
of the Report will prejudice the Committee.
In response, the Debtors told Judge Peck that they had properly
served their Rebuttal Report -- which addresses the Committee's
challenges to substantive consolidation, as well as their expert
reports' analysis of recoverable assets -- consistent with the
Court's orders. The Debtors insisted that there are no grounds
for prejudice against the Committee, much less "unfair
prejudice" as required under Rule 403 of the Federal Rules of
Evidence.
The Debtors further asked the Court to (i) prohibit Triple Net
Investments IX, LP, from producing new documents at the
Confirmation Hearing, and (ii) to preclude the testimonies of
Greg Rogerson and Anthony Calascibetta.
According to the Debtors, the Court had ordered that document
production be completed by April 4, 2008. Triple Net had told
the Debtors that it will not produce documents until after it
filed its objection to the Debtors' Plan last April 11, 2008.
On behalf of the Debtors, Mr. Kieselstein told Judge Peck that
Triple Net had waited until after its witnesses were deposed,
and until three days before the Confirmation Hearing, to produce
the documents pursuant to the Debtors' requests. In response to
the Debtors' efforts to meet and confer, Triple Net had provided
non-responsive answers, and refused to abide by its discovery
obligations.
According to Mr. Kieselstein, the documents that Triple Net
produced on April 15, 2008, were an extremely limited subset of
the materials the Debtors requested, and are not even materials
which Mr. Rogerson will use for his testimony.
The Debtors pointed out that Mr. Rogerson and Mr. Calascibetta
should be precluded from offering testimony at the Confirmation
Hearing, and Triple Net should not be permitted to introduce
into evidence, rely on, or refer to, documents that are not
timely produced.
In reaction to the Debtors' contention, Triple Net informed
Judge Peck that the Debtors did not provide any legal support to
justify the exclusion of Mr. Calascibetta, who prepared a
rebuttal expert report based on the Debtors' and the Committee's
liquidation analyses.
Triple Net's attorney, Robert E. Nies, Esq., at Wolff & Samson
PC, in New York, said the documents relied upon by Mr.
Calascibetta were the expert report of Philip E. Kruse of
Alvarez & Marsal, and the deposition testimony of Daniel Mullin,
chief accounting officer of SIRVA, Inc. All documents are in
the Debtors' possession. Triple Net was under no obligation to
reproduce the documents since Mr. Calascibetta's report was a
rebuttal report.
Mr. Nies insisted that the Debtors' request should be denied
because Triple Net fully and completely responded to the
Debtors' discovery requests, and the Debtors were not prejudiced
by any of Triple Net's action, or inaction. Besides, Mr. Nies
added, the Debtors failed to file a discovery motion to compel
the production of the documents.
Moreover, Triple Net asked the Court to exclude the testimony of
Mr. Mullin, and to preclude the evidence presented on the
Debtors' "creditor reliance" theory at the Confirmation Hearing.
Mr. Nies argued that Mr. Mullin's testimony, and all testimonies
concerning the Debtors' substantive consolidation, should be
excluded because the Debtors' actions denied creditors a
meaningful opportunity and sufficient time to acquire the
information needed to assess the consolidation.
The Debtors' creditor reliance theory, as a separate basis for
substantive consolidation, has only been raised on the eve of
the Confirmation Hearing, Mr. Nies maintained. Triple Net
complained that it had been denied discovery concerning evidence
to support or refute the theory.
Additionally, Mr. Nies informed the Court that Mr. Mullin had
professed no knowledge of any of the facts related to Debtors'
schedules of assets and liabilities, in violation of Rule 602 of
the Federal Rules of Evidence. The Debtors' Schedules are a
critical component of any substantive consolidation analysis, he
said.
Debtors Talk Back
The Debtors replied that they presented Mr. Mullin for
deposition as the corporate representative on the substantive
consolidation issue.
Mr. Kieselstein argued that Triple Net had failed to inform the
Court that Mr. Mullins had provided specific information based
on his firsthand knowledge, and described how intercompany
transactions are recorded.
According to Mr. Kieselstein, Triple Net's arguments are devoid
of legal support for its contention that the Debtors' Schedules
are related to substantive consolidation, let alone a
prerequisite for testimony about how accounting is conducted at
SIRVA.
Mr. Mullin is intimately familiar with the company's accounting
systems and methods, the Debtors explained, and this familiarity
provides the requisite personal knowledge to allow him to
testify, under Rule 602 of the Federal Rules of Evidence.
Headquartered in Westmont, Illinois, SIRVA Inc. (Pink Sheets :
SIRV.PK) -- http://www.sirva.com/-- is a provider of relocation
solutions to a well-established and diverse customer base. The
company handles all aspects of relocation, including home
purchase and home sale services, household goods moving,
mortgage services and home closing and settlement services.
SIRVA conducts more than 300,000 relocations per year,
transferring corporate and government employees along with
individual consumers. SIRVA's brands include Allied, Allied
International, Allied Pickfords, Allied Special Products, DJK
Residential, Global, northAmerican, northAmerican International,
Pickfords, SIRVA Mortgage, SIRVA Relocation and SIRVA
Settlement. The company has operations in Costa Rica.
The company and 61 of its affiliates filed separate petitions
for Chapter 11 protection on Feb. 5, 2008 (Bankr. S.D.N.Y. Case
No. 08-10433). Marc Kieselstein, Esq. at Kirkland & Ellis,
L.L.P. is representing the Debtor. An official Committee of
Unsecured Creditors has been appointed in this case. When the
Debtors filed for bankruptcy, it reported total assets of
US$924,457,299 and total debts of US$1,232,566,813 for the
quarter ended Sept. 30, 2007.
(Sirva Inc. Bankruptcy News, Issue No. 12; Bankruptcy Creditors'
Services Inc. http://bankrupt.com/newsstand/or 215/945-7000)
==================================
D O M I N I C A N R E P U B L I C
==================================
BASIC ENERGY: Approves US$3 Billion Merger Deal with Grey Wolf
------------------------------------------------------------
Grey Wolf Inc. and Basic Energy Services Inc.'s boards of
directors approved a definitive agreement to combine the two
businesses in a "merger of equals". Based upon closing prices
for each company's common stock as of April 18, 2008, the
estimated enterprise value of the combined company would be
approximately US$2.9 billion.
The combined company will be named Grey Wolf Inc., have its
corporate offices in Houston, establish incorporation in the
state of Delaware and trade on the New York Stock Exchange under
the symbol "GW".
Under the terms of the agreement, Grey Wolf shareholders will
receive US$1.82 in cash and 0.2500 shares of new Grey Wolf for
each share of Grey Wolf they currently own. Based on this
exchange ratio, each stockholder of Grey Wolf will receive one
share of new Grey Wolf for each four shares of Grey Wolf in
addition to the cash consideration.
Basic Energy Services shareholders will receive US$6.70 in cash
and 0.9195 shares of new Grey Wolf for each share of Basic
Energy Services they currently own. The total number of shares
outstanding of the combined company, which is reflective of the
above exchange ratios applied to both companies' current shares
outstanding, will be approximately 85 million shares. Pro forma
net debt as of Dec. 31, 2007, will be approximately
US$960 million.
The combined company intends to dedicate a substantial amount of
its free cash flow to the repayment of the debt while at the
same time fully funding and implementing its significant, value-
adding growth initiatives.
The greater financial strength of the combined company will
enable it to return approximately US$600 million in cash to the
combined shareholder base while retaining financial flexibility
to invest for future growth.
The financing will be provided by affiliates of UBS Investment
Bank and Goldman Sachs & Co. The cash was issued to the two
sets of shareholders proportionate to pro forma ownership of the
combined company, which will be approximately 54% owned by
current Grey Wolf shareholders and 46% owned by current Basic
Energy Services shareholders.
The companies expect that the combination will create an
organization with approximately 7,500 personnel, providing a
range of drilling and oilfield well services. The combined
company will have 395 well servicing and 130 drilling rigs well
as other oilfield service assets, pro forma sales and EBITDA of
approximately US$1,784 million and US$632 million. Pro forma
sales for the full year ending Dec. 31, 2007, would be
approximately 53% from contract drilling, 19% from well
servicing, 15% from fluid services and 13% from completion and
remedial services.
Thomas P. Richards, current Grey Wolf chairman, president and
CEO, will serve as Grey Wolf Inc.'s chairman after the merger.
"This is an exciting opportunity for our shareholders, our
customers and our people, Mr. Richards said. "Grey Wolf's
premium land drilling rig fleet complements Basic Energy
Service's premium land-based well servicing equipment. With
approximately 50% of Basic Energy Service's business focused on
oil and approximately 95% of Grey Wolf's business focused on
natural gas, this transaction results in a company with a
diversified revenue stream in terms of exposure to oil and gas
opportunities, involvement through the life of the well from
drilling to production to well abandonment and a very broad
geographic coverage, all of which is consistent with our stated
strategic goal.
"We are confident that our valued customers will respond
positively to this merger with the combined company's enhanced
ability to satisfy their needs," Mr. Richards stated. "Grey
Wolf has an outstanding management team, well as operational and
support staff, which when combined with Basic Energy Services'
organization, will produce a best-in-class team."
Ken Huseman will serve as chief executive officer of Grey Wolf
Inc. after the merger.
"This combination achieves the goal of moving Basic Energy
Services forward in achieving a size which allows the combined
company to compete effectively for expansion opportunities
anywhere in the world while continuing to build upon the
existing footprint of both companies,' Mr. Huseman said. "The
expanded operational capability of a more diversified company
will produce significant benefits for our customers and provide
substantial growth opportunities for our people."
"In addition, the cash consideration allows us to provide each
companies' shareholders with a meaningful financial return
without unduly limiting the growth potential for the combined
entity," Mr. Huseman added. "This is an ideal fit for the
stakeholders in both companies."
After the merger, Bob Proffit, current senior vice president,
human resources of Grey Wolf, will assume the role of senior
vice president, administration at the combined company and
Spencer Armour, current senior vice president, corporate
development of Basic Energy Services, will remain in the same
role at the combined company. Operating level officers for both
companies will continue in their current roles.
The transaction is expected to close in the third quarter of
2008. Completion of the transaction is subject to shareholder
approval at both Grey Wolf and Basic Energy Services, receipt of
financing proceeds, regulatory approvals and other customary
conditions.