T R O U B L E D C O M P A N Y R E P O R T E R
Friday, February 24, 2006, Vol. 10, No. 47
Headlines
ACCO BRANDS: S&P Affirms BB- Rating & Says Outlook is Negative
ACTIVISION INC: S&P Affirms BB- Credit Rating With Neg. Outlook
ACURA PHARMA: Equity Deficit Multiplies 5x to $6.16MM at Dec. 31
ADDISON-DAVIS: Posts $1.1 Mil. Net Loss in Quarter Ended Dec. 31
ADM TRONICS: Dec. 31 Balance Sheet Upside-Down by $3.1 Million
AFC ENTERPRISES: Increases Share Repurchase Program to $115 Mil.
AHPC HOLDINGS: Receives Nasdaq Non-Compliance Notice
ALLIED HOLDINGS: CEO Hugh Sawyer Cuts Personal Salary by 15%
AMERICAN AIRLINES: Moody's Affirms Corp. Family Rating at B3
ANCHOR GLASS: Files First Amended Plan of Reorganization
ANDROSCOGGIN ENERGY: Committee Taps Phoenix as Financial Expert
ASARCO LLC: 12 Debtors Want Baker Botts as Bankruptcy Counsel
ASARCO LLC: Subsidiary Panel & FCR Want Legal Analysis as Advisor
ATA AIRLINES: Court Approves Sabre Restructuring Agreement
ATA AIRLINES: Court Okays to Use ATSB Lenders' Cash Collateral
AXCESS INT'L: December 31 Balance Sheet Upside-Down by $4.59 Mil.
BIOGEN IDEC: S&P Lifts Sr. Unsecured Debt Rating to BBB from BB+
BOYD GAMING: P. Chakmak Replacing CFO E. Landau Upon Retirement
BUFFALO MOLDED: Wants McDonald Hopkins as Substitute Counsel
BROOKLYN HOSPITAL: Court Fixes April 21 as Claims Bar Date
CALPINE CORP: Construction Finance Wants Waiver from Noteholders
CANWEST MEDIAWORKS: Moody's Confirms Sr. Subor. Bond Rating at B2
CARRINGTON MORTGAGE: Moody's Rates Class M-10 Certificates at Ba1
CASE NEW HOLLAND: Moody's Rates $350 Mil. Senior Notes at Ba3
CDC MORTGAGE: S&P Downgrades Rating on Class B Debt to B from BB
CENTENNIAL COMMS: Updates Financial Outlook for FY Ending May 31
CENTURYTEL: Moody's Affirms Preferred Shelf (P) Ba1 Rating
CHEMED CORP: Discloses Financial Results for Fourth Quarter
CHEMTURA CORP: Focusing on Performance Chemicals Business
COMDISCO INC: Makes Distribution to Contingent Rights Holders
CONNECTICARE INC: S&P Affirms Financial Strength Rating at BB+
CONTINENTAL AIRLINES: Moody's Affirms Corp. Family Rating at B3
COVAD COMMS: Completes Acquisition of NextWeb in Cash & Stock Deal
CSC HOLDINGS: Moody's Rates $2.4BB Proposed Sr. Facility at Ba3
CSC HOLDINGS: S&P Rates Proposed $2.4 Billion Facilities at BB
DATATEC SYSTEMS: Wants Claim Objection Period Extended to Sept. 30
DELTA AIRLINES: Court Okays Reinstatement of Severance Program
DIGITAL LIGHTWAVE: Owes Optel Capital $53.4 Million as of Feb. 15
DRESSER-RAND GROUP: Reduces Debt by $30 Million in Two Months
DRESSER-RAND GROUP: Restructures Steam Turbine Business
DTE ENERGY: 2005 Earnings Increase 25% to $537 Million
DYNTEK INC: Losses Continue in Quarter Ended December 31
EMMIS COMMUNICATIONS: Moody's Affirms Senior Debt Rating at B3
EPOCH INVESTMENTS: Creditors Must File Proofs of Claim by March 10
FIREARMS TRAINING: Dec. 31 Balance Sheet Upside-Down by $27.7 Mil.
FORD CREDIT: S&P Puts BB Rating on $59.1 Million Class D Notes
FORD CREDIT: Fitch Puts BB+ Rating on $59.1 Million Class D Notes
GLOBE LIFT: Case Summary & Largest Unsecured Creditor
GRANITE BROADCASTING: Marketing WB TV Stations to More Buyers
GS MORTGAGE: Fitch Lifts Class G Certs.' Rating to BBB- from B+
GUITAR CENTER: Posts $76.7-Mil. of Net Income in Fiscal Year 2005
HARD ROCK: S&P Places B+ Corporate Credit Rating on CreditWatch
HOVNANIAN ENTERPRISES: Moody's Affirms Low-B Ratings on Securities
HOVNANIAN ENTERPRISES: Fitch Rates $250 Million Sr. Notes at BB+
IASIS HEALTHCARE: Moody's Affirms $475MM Sr. Notes Rating at B3
INDIGITA CORP: Case Summary & 9 Largest Unsecured Creditors
INTEGRATED ELECTRICAL: Can Obtain DIP Financing on Interim Basis
INTEGRATED ELECTRICAL: Can Use Cash Collateral on Interim Basis
INTEGRATED ELECTRICAL: Disclosure Statement Hearing Set on Mar. 10
INTEGRATED HEALTH: Balks at Abe Briarwood's Move to Release $1.5MM
INTEGRATED HEALTH: Court Delays Entry of Final Decree to Oct. 30
ISLE OF CAPRI: Earns $4.1 Mil. Net Income in Quarter Ended Jan. 22
J.P. MORGAN: Moody's Affirms Low-B Ratings on Eight Cert. Classes
KERZNER INTERNATIONAL: Earns $7.1 Million in Fourth Quarter
KNOLL INC: Buying Back Common Shares Through Banc of America
KNOLL INC: Declares $0.10 Quarterly Cash Dividend on Common Shares
LASERSIGHT: CFO & Secretary Resigns & Z. Tang Named as Successor
LB COMMERCIAL: Fitch Junks $17.3 Million Class L Certs.' Ratings
LIBERTY MEDIA: Completes Acquisition of Provide Commerce, Inc.
MERIDIAN AUTOMOTIVE: Foley Okayed Despite U.S. Trustee's Protest
MERISTAR HOSPITALITY: Moody's Junks Subordinate Debt Ratings
MORGAN STANLEY: S&P Puts Three Debt Classes' Low Ratings on Watch
MUSCLETECH RESEARCH: Court Sets Feb. 28 to Hear Monitor's Request
NCI BUILDING: S&P Says BB Credit Rating Unaffected by Merger Plan
NES RENTAL: S&P Places B+ Corporate Credit Rating on CreditWatch
NETWORK PLUS: Hires Recovery Services as Collection Agent
NOBLE DREW: Court Okays N. Cheng's Retention as Accountants
NVIDIA CORP: Earns $98.1 Million of Net Income in Fourth Quarter
ONE PRICE: Chapter 7 Trustee Wants Weiser as Expert Witness
OREGON ARENA: Liquidating Trustee Prepares to Sue Paul Allen
PANTRY INC: Names President & CEO Peter J. Sodini Board Chairman
PAPERSWEEP INC: Creditors Must File Claims by April 4
PARKWAY HOSPITAL: Taps Loeb & Troper for Auditing Services
PERFORMANCE TRANSPORTATION: Hires Sitrick as PR Consultant
PHOTOCIRCUITS CORP: Court Approves $1MM Sale of All Estate Assets
PLUM POINT: S&P Puts Preliminary B Rating on $760 Million Debts
PRICE OIL: Creditors Committee Hires Pachulski Stang as Counsel
PRICELINE.COM INC: Earns $3.8 Million in Fourth Quarter
QUESTRON TECH: Plan Trustee Has Until April 24 to Object to Claims
RADNET MANAGEMENT: S&P Junks $60 Mil. 2nd-Lien Term Loan's Rating
SALOMON BROTHERS: Fitch Junks $8.8 Million Class M Certs.' Ratings
SATCON TECHNOLOGY: Posts $1.3 Mil. Loss in Quarter Ended Dec. 31
SHULLSBURG CREAMERY: Pursues Going-Concern Sale of Assets
SUPRESTA: Poor Credit Metrics Prompt Moody's B1 Debt Ratings
STONE ENERGY: Unable to Tap Bank Line Until Default Is Cured
TECHALT INC: Closes Agreement to Acquire Cypher Wireless
TRIMAS CORP: Weak Balance Sheet Cues Moody's Rating Downgrades
UAL CORP: Provides Status Report on Plan Consummation
US AIRWAYS: Incurs $261 Million Net Loss in Fourth Quarter
USN CORP: Equity Deficit Tops $9 Million at December 31
USN CORP: Wants to Make Changes to Confirmed Plan
VENDTEK SYSTEMS: October 31 Balance Sheet Upside-Down by $712,000
VIRGINIA DEVLIN: Case Summary & 6 Largest Unsecured Creditors
WELLCARE HEALTH: S&P Revises Outlook to Positive from Stable
WESTON NURSERIES: Has Until March 1 to Decide on Unexpired Leases
WESTON NURSERIES: Has Until March 13 to File Chapter 11 Plan
WILD OATS: Earns $3.6 Million in Quarter Ended Dec. 31
WINN-DIXIE: DIP Credit Agreement Amended on January 31
WINN-DIXIE: Court Okays Rejection of Nine Equipment Contracts
WINN-DIXIE: Wants to Reject 13 Contracts & Leases by March 9
WORLDCOM INC: Settles Dispute Over APCC's $44.9MM Unsecured Claim
* Robert Manzo Joins Capstone Advisory Group
* SEC Proposes Deregistration Process for Foreign Private Issuers
* BOOK REVIEW: Falling Through the Safety Net: Insurance Status
and Access to Health Care
*********
ACCO BRANDS: S&P Affirms BB- Rating & Says Outlook is Negative
--------------------------------------------------------------
Standard & Poor's Ratings Services revised its outlook on office
products manufacturer ACCO Brands Corp. to negative from stable.
At the same time, Standard & Poor's affirmed all its outstanding
ratings on the Lincolnshire, Illinois-based company, including its
'BB-' corporate credit rating. Total debt outstanding at
Dec. 31, 2005, was about $942 million.
The outlook revision follows ACCO's weaker-than-expected operating
performance for its fiscal year ended December 2005 and its
revised guidance for fiscal 2006. Standard & Poor's had
previously expected improvements in operating performance through
cost savings from merger synergies and the company's continued
focus on cost containment. However, despite a 3% increase in pro
forma net sales, pro forma EBITDA declined by about 11% versus the
prior year due to:
* unfavorable pricing in certain office products categories;
* higher raw material costs; and
* double-digit increases in distribution and freight costs.
"As such, credit protection measures have weakened, and we now
believe that the company may be challenged to strengthen credit
protection measures to levels more appropriate for the current
ratings as previously expected," said Standard & Poor's credit
analyst David Kang.
ACTIVISION INC: S&P Affirms BB- Credit Rating With Neg. Outlook
---------------------------------------------------------------
Standard & Poor's Ratings Services revised its rating outlook on
video game publisher Activision Inc. to negative from stable,
reflecting challenges associated with the video game console
transition and the underperformance of two key titles over the
holiday season. At the same time, Standard & Poor's affirmed its
'BB-' corporate credit rating on the company. Activision has no
debt outstanding as of Dec. 31, 2005.
"The negative outlook reflects our expectation that 2006 will be a
soft year for video game publishers, including Activision," said
Standard & Poor's credit analyst Andy Liu.
The rating on Activision reflects:
-- some product lifecycle and seasonality risks;
-- its earnings concentration in key titles;
-- the hit-driven nature of the business; and
-- the highly competitive video game market.
These factors are partially offset by the company's stable of
franchise titles and its cash cushion.
The demand for current-generation console titles was weak in the
December 2005 quarter as consumers continued to wait for next-
generation consoles to become available before making significant
purchases of new titles. With Xbox 360 in very limited supply and
the launch of Sony Corp.'s PlayStation3 anticipated in mid- or
late-2006, the demand for next-generation titles was insufficient
to offset the weakness experienced by current-generation titles.
Heightened competitive pressure, which is also a function of the
console transition, led to aggressive discounting by video game
publishers. Many top-selling games were discounted to $39.99 from
$49.99. For Activision, the demand weakness associated with
console transition and the heightened competitive pressure were
compounded by the underperformance of two key titles:
* True Crime: New York City, and
* GUN.
All these factors led to a significant decrease in Activision's
profitability. In light of the projected small installed base of
next-generation consoles, Activision has reduced its release slate
and projected revenues in 2006. However, in 2007, when both
consoles are available and assuming in sufficient quantity,
Activision is likely to resume its revenue and profit growth.
ACURA PHARMA: Equity Deficit Multiplies 5x to $6.16MM at Dec. 31
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Acura Pharmaceuticals, Inc. (OTC.BB-ACUR), reported a $7.1 million
net loss for the quarter ending December 31, 2005, compared to a
$2.1 million net loss for the same period in 2004.
For calendar year 2005 the Company had a net loss of $12.1 million
compared to a net loss of $70.0 million in 2004. The 2004 net
loss includes a charge of $72.5 million for amortization of
debt discount and private debt offering costs, and a gain of
$14.6 million from debt restructuring and divestment of non-
strategic assets.
As of February 1, 2006, the Company had cash and cash equivalents
of approximately $647,000. The Company estimates its current cash
reserves will be sufficient to fund the development of OxyADF(TM)
tablets and related operating expenses through mid-to-late March,
2006. To continue operating, the Company must raise additional
financing or enter into appropriate collaboration agreements with
third parties providing for cash payments to the Company. No
assurance can be given that the Company will be successful in
obtaining any financing or in securing collaborative agreements
with third parties on acceptable terms, if at all, or if secured,
that financing or collaborative agreements will provide for
payments to the Company sufficient to continue funding operations.
In the absence of financing or third-party collaborative
agreements, the Company will be required to scale back or
terminate operations or seek protection under applicable
bankruptcy laws.
A full text copy of the Company's Annual Report inform 10-K filed
with the Securities and Exchange Commission is available for free
at http://ResearchArchives.com/t/s?5bf
Acura Pharmaceuticals, Inc. -- http://www.acurapharm.com/--
together with its subsidiaries, is an emerging pharmaceutical
technology development company specializing in proprietary opioid
abuse deterrent formulation technology.
As of December 31, 2005, the Company's equity deficit widened to
$6,162,000 from a $1,085,000 deficit at December 31, 2004.
ADDISON-DAVIS: Posts $1.1 Mil. Net Loss in Quarter Ended Dec. 31
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Addison-Davis Diagnostics, Inc., delivered its financial results
for the quarter ended Dec. 31, 2005, to the Securities and
Exchange Commission on Feb. 21, 2006.
During the three months ended Dec. 31, 2005, Addison-Davis
incurred a $1,189,262 net loss on zero revenues, compared to a
$520,240 net loss on $1,811 of revenue during the three months
ended Dec. 31, 2004.
While acknowledging that it failed to generate any revenue during
the quarter, the Company's management said that they are
encouraged about the Company's future prospects. Management
reports that the Company is focused on:
a) selling and marketing its Drug Stop product to the
institutional market;
b) supporting its Licensee in efforts to sell and market Drug
Stop in the over-the-counter market; and
c) taking the appropriate steps to contain general business
overhead
The Company's balance sheet at Dec. 31, 2005, showed $1,183,071 in
total assets and $3,083,724 in total liabilities, resulting in a
stockholders' deficit of $1,884,713. The Company had a $629,832
working capital deficit at Dec. 31, 2005.
A full-text copy of the regulatory filing is available for free
at http://researcharchives.com/t/s?5bd
Going Concern Doubt
Armando C. Ibarra, Jr., CPAs, expressed substantial doubt about
Addison-Davis' ability to continue as a going concern after it
audited the Company's financial statements for the fiscal year
ended June 30, 2005. The auditing firm pointed to the Company's
continuing losses from operations.
Addison-Davis' former auditor, Corbin & Company, LLP, also raised
substantial doubt about the Company's ability to continue as a
going concern after auditing its financial statements for the
fiscal year ended June 30, 2004. Apart from recurring losses, the
auditing firm pointed to the Company's failure to preserve patent
rights on NICOWater(TM), which had been its sole revenue-
generating product.
About Addison-Davis
Based in Westlake Village, California, Addison-Davis Diagnostics,
Inc. -- http://www.addisondavis.com/-- offers quick response
diagnostic tests that are user friendly, produce fast simple
results and are less costly, less problematic and less time
consuming. The Company is currently focused on bringing fast and
reliable "Point-of-care" Diagnostic Testing through the use of its
patented technology to Healthcare Professionals, Hospitals,
certain branches of the Government and the Workplace environment
for drugs-of-abuse and medical conditions and diseases.
ADM TRONICS: Dec. 31 Balance Sheet Upside-Down by $3.1 Million
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ADM Tronics Unlimited, Inc., delivered its financial results for
the quarter ended Dec. 31, 2005, to the Securities and Exchange
Commission on Feb. 21, 2006.
For the three months ended Dec. 31, 2005, ADM reported a $746,821
net loss, compared to a $1,682,098 net loss for the three months
ended Dec. 31, 2004.
The Company generated $470,671 of revenue for the three months
ended Dec. 31, 2005, a 41% increase versus $334,183 of revenue for
the comparable period in 2004. Revenues from the Company's
chemical activities decreased by $10,106, offset by an increase of
$146,594 in the Company's medical technology activities in the
2005 period as compared to the 2004 period. The decrease in
revenue from chemical activities primarily resulted from a
significant customer of the Company's chemical products ceasing
operations in August 2005, resulting in no orders during the
quarter ended Dec. 31, 2005.
The Company's balance sheet at Dec. 31, 2005, showed $3,277,542 in
total assets and liabilities of $6,443,681, resulting in a
stockholders' deficit of $3,166,139.
A full-text copy of the regulatory filing is available for free
at http://researcharchives.com/t/s?5c1
Going Concern Doubt
Raich Ende Malter & Co. LLP expressed substantial doubt about ADM
Tronics' ability to continue as a going concern after it audited
the Company's financial statements for the fiscal year ended March
31, 2005. The auditing firm pointed to the Company's recurring
losses from operations and stockholders deficiency.
About ADM Tronics
Headquartered in Northvale, New Jersey, ADM Tronics Unlimited,
Inc., -- http://www.admtronics.com/-- produces and markets
chemical products for industrial users. The Group also
manufactures, markets and leases medical equipment and medical
devices.
AFC ENTERPRISES: Increases Share Repurchase Program to $115 Mil.
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AFC Enterprises, Inc. (Nasdaq: AFCE) reported that its Board of
Directors has approved increasing its share repurchase program,
expanding the program from $100 million to $115 million, effective
immediately.
The program, which is open-ended, allows the Company to repurchase
its shares on the open market from time to time in accordance with
the requirements of the Securities and Exchange Commission.
Since AFC announced its initial share repurchase program in 2002,
the Company has repurchased an aggregate of 5.4 million shares of
common stock for approximately $100 million under this program,
including approximately 1.5 million shares of common stock for
approximately $19.4 million during 2005. The Company now has $15
million available for repurchases under the program.
As of February 22, 2006, there were 30.2 million shares of the
Company's common stock outstanding.
AFC Enterprises, Inc. -- http://www.afce.com/-- is the franchisor
and operator of Popeyes(R) Chicken & Biscuits, the world's second-
largest quick-service chicken concept based on number of units.
As of Dec. 25, 2005, Popeyes had 1,828 restaurants in the United
States, Puerto Rico, Guam and 24 foreign countries. AFC has a
primary objective to be the world's Franchisor of Choice(R) by
offering investment opportunities in its Popeyes Chicken &
Biscuits brand and providing exceptional franchisee support
systems and services.
At Oct. 2, 2005, AFC Enterprises, Inc.'s balance sheet showed a
$44.2 million stockholders' deficit compared to $140.9 million of
positive equity at Dec. 26, 2005.
AHPC HOLDINGS: Receives Nasdaq Non-Compliance Notice
----------------------------------------------------
AHPC Holdings, Inc. (Nasdaq: GLOV) reported the receipt of a
Nasdaq Staff Deficiency letter from The Nasdaq Stock Market
indicating the Company is not in compliance with Nasdaq's
requirements for continued listing because the Company's
shareholders equity amount is below the minimum requirement of
$2.5 million and, accordingly, does not comply with Marketplace
Rule 4310(c)(2)(B). The Company is currently considering its
options.
In the event that the Company is unable to deliver a plan to
achieve and sustain compliance with all Nasdaq listing
requirements that is acceptable to Nasdaq, the Company expects to
receive notification that its securities will be delisted. At
that time, the Company may appeal the Staff's decision to a Nasdaq
Listing Qualifications Panel.
There can be no assurance that the Nasdaq Listing Qualifications
Panel will decide to allow the Company to remain listed or that
any Company actions to attempt to comply with alternative listing
criteria will prevent the delisting of its common stock from the
Nasdaq SmallCap Market.
Going Concern Doubt
As reported in the Troubled Company Reporter on Oct. 26, 2005,
Grant Thornton LLP expressed substantial doubt about American
Health Products Corporation's ability to continue as a going
concern after it audited the Company's financial statements for
the fiscal years ended June 30, 2005, and 2004. The auditing firm
points to the Company's recurring losses, including the $1,151,549
net loss incurred for the year ended June 30, 2005. AHPC
Holdings, Inc., fka WRP Corporation, operates through American
Health Products, its wholly owned subsidiary.
About the Company
Headquartered in Glendale Heights, AHPC Holdings, Inc. --
http://www.ahpc.com/-- markets disposable medical examination,
foodservice and retail gloves. The Company's wholly owned
subsidiary, American Health Products Corporation, supplies branded
and private label disposable gloves to the healthcare,
foodservice, retail and industrial markets nationwide.
ALLIED HOLDINGS: CEO Hugh Sawyer Cuts Personal Salary by 15%
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Allied Holdings, Inc. (Pink Sheets: AHIZQ.PK) reported that its
President and Chief Executive Officer, Hugh E. Sawyer, has
volunteered to take a 15% cut in his annual salary. The salary
reduction will begin on Mar. 1, 2006.
Hugh E. Sawyer, Allied Holdings' President and Chief Executive
Officer, stated, "Our objective is to use the bankruptcy process
to lower our debt, reduce the multi-year cost increases associated
with our contract with our Teamster-represented employees in the
U.S. and address certain customer pricing issues. While progress
has been made and many of our key constituencies have already
sacrificed greatly in an effort to allow our Company to emerge
from bankruptcy, there is still work to be done. All of our
constituencies must sacrifice in a manner necessary to permit our
Company to emerge from bankruptcy."
"I recognize that the decision to reduce my annual salary by 15%
is a modest step in terms of our Company's overall cost structure,
but I believe this decision is appropriate given my commitment to
shared sacrifice and the values upon which our Company was
founded," Mr. Sawyer continued. Mr. Sawyer already contributes a
portion of the cost for his health care benefits in a manner
consistent with all other non-bargaining employees.
Details regarding 2005 total compensation will not be released
until the spring, but Mr. Sawyer stated that he would not receive
any bonus or equity compensation for 2005.
Headquartered in Decatur, Georgia, Allied Holdings, Inc. --
http://www.alliedholdings.com/-- and its affiliates provide
short-haul services for original equipment manufacturers and
provide logistical services. The Company and 22 of its affiliates
filed for chapter 11 protection on July 31, 2005 (Bankr. N.D. Ga.
Case Nos. 05-12515 through 05-12537). Jeffrey W. Kelley, Esq., at
Troutman Sanders, LLP, represents the Debtors in their
restructuring efforts. Henry S. Miller at Miller Buckfire & Co.,
LLC, serves as the Debtors' financial advisor. Anthony J. Smits,
Esq., at Bingham McCutchen LLP, provides the Official Committee of
Unsecured Creditors with legal advice and Russell A. Belinsky at
Chanin Capital Partners, LLC, provides financial advisory services
to the Committee. When the Debtors filed for protection from
their creditors, they estimated more than $100 million in assets
and debts.
AMERICAN AIRLINES: Moody's Affirms Corp. Family Rating at B3
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Moody's Investors Service affirmed all debt ratings of AMR Corp.,
and its primary subsidiary American Airlines, Inc. -- corporate
family rating at B3 -- as well as all tranches of the Enhanced
Equipment Trust Certificates supported by payments from American
and the SGL-2 Speculative Grade Liquidity Rating. The outlook has
been changed to stable from negative.
The stable outlook reflects Moody's expectation of steadily
improving operating and financial performance during 2006
resulting primarily from yield-driven revenue growth while
maintaining control of the growth of unit costs. The company
should generate sufficient cash from operations to meet scheduled
debt maturities as well as planned capital spending without adding
additional debt.
American has had some success reducing its non-fuel costs, and
Moody's anticipates the airline will be able to control costs
given expectations of a modest volume increase. Supporting the
revenue growth expectation are the recent success in yield, and
higher traffic to international markets where the company has more
pricing power relative to its domestic markets, as well as the
company's efforts to broaden its product offerings and expand
revenue sources.
Moody's also notes that American has substantial cash on hand, and
the approximate $3.8 billion balance is adequate to cushion any
shortfall from operations for the near term debt requirements and
non-aircraft capital spending. Moody's expects American will
lower its debt by at least $1.25 billion -- the scheduled
maturities for 2006 -- while maintaining a cash balance in line
with the recently reported level. Also supporting the outlook is
American's demonstrated ability to access the capital markets with
recent bond and equity offerings.
AMR's ratings reflect its position as the world's largest
passenger airline, with a substantial international network with
particular strengths servicing Latin America and Europe.
Nonetheless, EBIT margin of 2.9% during 2005 was down somewhat
from the prior year, and the company reported a net loss of $860
million.
Higher fuel costs offset much of the cost savings achieved. As
well, American is highly leveraged, with debt to EBITDA of 11.0
times at FY 2005, which is high for its rating category. Moody's
anticipates that the leverage metrics will improve measurably
going forward as the company lowers debt with improving cash flow
from operations. American's rating could improve with sustained
net income, with an EBIT margin greater than 10%, and debt to
EBITDA approaching 7x to 8x.
According to American international ASM's are expected to increase
by approximately 4% in 2006 by increasing frequencies in existing
markets, principally China, India and Japan. To date, the company
has reported higher international bookings and yields exceeding
those of the prior year. Moody's expects continued RASM growth in
2006, in part achieved through an overall decrease to the
company's capacity. Domestic ASM's are expected to decline 4% as
American plans to eliminate service to certain low-density cities.
At the same time, measures to enhance productivity will be
expanded such as simplification of pilot scheduling, shorter
ground and taxi times at its hub airports, and seeking more cost-
efficient distribution channels, which should more than offset
some cost increases.
In affirming the SGL-2 Speculative Grade Liquidity rating, Moody's
noted that AMR reported approximately $3.8 billion in unrestricted
cash and equivalents as of Dec. 31, 2005, and that with
anticipated improvements in operating cash flows, the company
should maintain a good liquidity profile over the coming 12
months.
The company bolstered its cash balances during 2005 through a $450
million bond offering, a primary equity offering of $223 million,
and a $130 million engine-backed EETC. Moody's expects the
company to preserve a high level of cash going forward, even after
$1.2 billion in scheduled debt maturities in 2006. Capital
expenditures are expected to approximate $600 million in 2006,
less than historic levels, as American reduces its new aircraft
deliveries.
American will take delivery of two mainline aircraft in 2006, but
thereafter no scheduled mainline or regional aircraft deliveries
will occur until 2013. Although the average age of AMR's mainline
fleet is relatively high, the company is taking measures to
accelerate retirement of older aircraft such as the MD-80 and A300
series.
Additionally, the company expects to contribute approximately $250
million to its pension plans. Barring an unforeseen worsening to
the operating environment, Moody's expects that the company will
remain in compliance with all its debt covenants in the near term.
American Airlines Inc., and its parent company, AMR Corporation,
are headquartered in Fort Worth, Texas.
ANCHOR GLASS: Files First Amended Plan of Reorganization
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Anchor Glass Container Corporation delivered its First Amended
Plan of Reorganization and Disclosure Statement to the U.S.
Bankruptcy Court for the Middle District of Florida on Feb. 15,
2006.
Mark S. Burgess, chief executive officer of Anchor Glass Container
Corporation, discloses that on confirmation of the Amended Plan,
Reorganized Anchor Glass' total long-term outstanding debt
obligations will be $135,000,000, which consists of the New Term
Credit Facility. In addition, Anchor Glass will have available to
it a $65,000,000 New Revolving Credit Facility, a portion of which
will be drawn on or about the Effective Date to fund the payments
under the Plan.
According to Mr. Burgess, based on Anchor Glass' current level of
operations, it will have sufficient cash flow to meet its needs at
least through the period ending April 30, 2006, after taking into
account the fact that interest payments on the Senior Notes will
not be due during the pendency of the Chapter 11 Case.
A valuation analysis was not included in the papers filed with the
Bankruptcy Court last week. They will be filed at a later date,
Mr. Burgess says.
Anchor Glass proposes that the Court fix January 31, 2006, as the
date for determining which Holders of Senior Notes are entitled to
vote on the Plan. The Senior Notes Indenture Trustee will not
vote on behalf of the individual noteholders.
Classification of Claims
Anchor Glass amended its estimates of Administrative Claims, Other
Priority Claims, GE Capital Secured Claims and Other Secured
Claims against the estates:
Original Amended
Class Description Estimated Amt. Estimated Amt.
----- ----------- ------------- --------------
N/A Administrative $32,700,000 $34,735,000
Claims
1 Other Priority 500,000 160,000
Claims
3 GE Capital 9,500,000 9,659,574
Secured Claim
4 Other Secured 1,000,000 830,000
Claims
The Plan outlines this scheme for classifying claims in accordance
with 11 U.S.C. Sec. 1122:
Class Description Estimated Amt. Impairment
----- ----------- -------------- ----------
N/A Administrative $34,735,000 Unimpaired
Claims
N/A Note Purchase $125,000,000 Unimpaired
Agreement Claims
N/A Priority Tax $4,500,000 Unimpaired
Claims
1 Other Priority $160,000 Unimpaired; deemed to
Claims have accepted the Plan
2 Senior Note $368,302,778 Impaired; entitled to
Secured Claims vote
3 GE Capital $9,659,574 Unimpaired; deemed to
Secured Claim have accepted the Plan
4 Other Secured $830,000 Unimpaired; deemed to
Claims have accepted the Plan
5 General $120,000,000 Impaired; entitled to
Unsecured Claims vote
6 Common Stock Impaired; deemed to
Interests have rejected the Plan
Noteholders Will Own the Reorganized Company
The Plan proposes that holders of Class 2 Senior Note Secured
Claims will receive all shares of the New Common Stock, subject to
dilution by exercise of the New Equity Incentive Options.
Existing Securities Will Be Cancelled
Class 6 Common Stock Interest Holders will not receive nor retain
any property on account of their Common Stock Interests.
On the Effective Date, the Existing Securities of Anchor Glass
will be deemed cancelled. All of Anchor Glass' obligations under
the Existing Securities will be consequently discharged.
However, the Senior Notes Indenture will continue in effect solely
to allow a Senior Notes Representative to make the distributions
under the Plan and permit the Representative to maintain any
rights it may have for fees, costs and expenses under the Senior
Notes Indenture. In addition, the cancellation of the Senior
Notes Indenture will not impair the rights and duties under all
agreements between the Senior Notes Trustee and the beneficiaries
of the trust created.
New Securities to be Issued
Reorganized Anchor Glass will:
(a) on the Effective Date, authorize 25,000,000 shares of New
Common Stock;
(b) on the Distribution Date, issue up to 10,000,000 shares of
New Common Stock for distribution to holders of Allowed
Senior Notes Claims; and
(c) reserve for issuance the number of shares of New Common
Stock necessary to satisfy the required distributions of
options granted under the New Equity Incentive Plan.
The New Common Stock issued under the Plan will be subject to
dilution based on:
(i) the issuance of New Common Stock pursuant to the New
Equity Incentive Plan; and
(ii) any other shares of New Common Stock issued post-
emergence.
Releases
As of the Effective Date, Anchor Glass and all Holders of Claims
against Anchor Glass will be deemed to forever release, waive and
discharge all claims, demands, debts, rights, causes of action,
or liabilities then existing or thereafter arising against:
(i) the Debtor,
(ii) Reorganized Anchor Glass,
(iii) Anchor Glass' directors and officers,
(iv) the Ad Hoc Committee of Senior Noteholders,
(v) the Note Purchasers, and
(vi) the members, agents, representatives, and professionals
for the Senior Noteholders and the Note Purchasers.
A full-text copy of Anchor Glass' First Amended Plan of
Reorganization is available for free at:
http://researcharchives.com/t/s?5c2
A full-text copy of Anchor Glass First Amended Disclosure
Statement is available for free at:
http://researcharchives.com/t/s?5c3
Disclosure Statement Hearing
Judge Paskay will convene a hearing on February 28, 2006, to
consider approval of the Debtor's First Amended Disclosure
Statement.
Headquartered in Tampa, Florida, Anchor Glass Container
Corporation is the third-largest manufacturer of glass containers
in the United States. Anchor manufactures a diverse line of flint
(clear), amber, green and other colored glass containers for the
beer, beverage, food, liquor and flavored alcoholic beverage
markets. The Company filed for chapter 11 protection on Aug. 8,
2005 (Bankr. M.D. Fla. Case No. 05-15606). Robert A. Soriano,
Esq., at Carlton Fields PA, represents the Debtor in its
restructuring efforts. Edward J. Peterson, III, Esq., at
Bracewell & Guiliani, represents the Official Committee of
Unsecured Creditors. When the Debtor filed for protection from
its creditors, it listed $661.5 million in assets and $666.6
million in debts. (Anchor Glass Bankruptcy News, Issue No. 19;
Bankruptcy Creditors' Service, Inc., 215/945-7000)
ANDROSCOGGIN ENERGY: Committee Taps Phoenix as Financial Expert
---------------------------------------------------------------
The Official Committee of Unsecured Creditors in Androscoggin
Energy LLC's chapter 11 case asked the U.S. Bankruptcy Court for
the District of Maine, five days prior to the hearing confirming
the Company's Plan of Reorganization, for permission to employ
Phoenix Management Services, Inc., as its financial expert, to:
1) render expert witness testimony on certain financial issues,
including the capitalization of the Debtor at the time that
Calpine Northbrook Corp. of Maine, Inc., and Calpine Eastern
Corp., contributed capital to the Debtor for which it now
asserts as an unsecured claims and the proper classification
of the Calpine claims; and
2) perform all other necessary financial expert and investment
banking services to the Committee in connection with the
Debtor's chapter 11 case.
Vincent J. Colista, a managing director and partner at Phoenix
Management, is one of the lead professionals from the Firm
performing services to the Committee. Mr. Colista charges $395
per hour for his services.
Bankruptcy Court records don't show Phoenix Management's
professionals' compensation rates.
Phoenix Management assures the Court that it does not represent
any interest materially adverse to the Debtor or its estate and
the Firm is a "disinterested person" as that term is defined in
Section 101(14) of the Bankruptcy Code and as modified by Section
1107(b).
Headquartered in Boston, Massachusetts, Androscoggin Energy LLC,
owns, operates, and maintains an approximately 150-megawatt,
natural gas-fired cogeneration facility in Jay, Maine. The
Company filed for chapter 11 protection on November 26, 2004
(Bankr. D. Me. Case No. 04-12221). Michael A. Fagone, Esq., at
Bernstein, Shur, Sawyer & Nelson represents the Debtor in its
restructuring efforts. When the Debtor filed for protection from
its creditors, it listed total assets of $207,000,000 and total
debts of $157,000,000. The Bankruptcy Court confirmed the
Debtor's Second Amended Chapter 11 Plan of Reorganization on
Feb. 15, 2006.
ASARCO LLC: 12 Debtors Want Baker Botts as Bankruptcy Counsel
-------------------------------------------------------------
Certain subsidiaries of ASARCO LLC seek authority from the U.S.
Bankruptcy Court for the Southern District of Texas in Corpus
Christi to employ Baker Botts LLP to serve as their bankruptcy
counsel. The Subsidiary Debtors' Chapter 11 cases are jointly
administered with ASARCO's case.
The Subsidiary Debtors are:
(1) Encycle, Inc.;
(2) ASARCO Consulting, Inc.;
(3) ALC, Inc.;
(4) American Smelting and Refining Company;
(5) AR Mexican Explorations, Inc.;
(6) AR Sacaton, LLC;
(7) ASARCO Master, Inc.;
(8) ASARCO Oil and Gas Company, Inc.;
(9) Bridgeview Management Company, Inc.;
(10) Covington Land Company;
(11) Government Gulch Mining Company, Limited; and
(12) Salero Ranch, Unit III, Community Association, Inc.
Baker Botts serves as bankruptcy counsel to ASARCO. Hence, Baker
Botts is familiar with the complex financial affairs and business
operations of ASARCO and its entire network of subsidiaries.
Thomas L. Aldrich, the Subsidiary Debtors' Officer, contends
that, if the Subsidiary Debtors are not permitted to engage Baker
Botts, they will be deprived of the economics and efficiencies of
utilizing counsel who possess a wealth of accumulated knowledge
and information.
Baker Botts will:
(a) assist the Subsidiary Debtors in exploring restructuring
alternatives and developing and implementing a
reorganization strategy;
(b) develop, negotiate, and promulgate a Chapter 11 plan of
reorganization and disclosure statement for the Subsidiary
Debtors;
(c) advise the Subsidiary Debtors with respect to their rights
and obligations as debtors and other areas of bankruptcy
law;
(d) protect and preserve the Subsidiary Debtors' estates,
including, the prosecution, defense, negotiations and
prosecutions of all actions on filed for or against the
Subsidiary Debtors and their estates;
(e) prepare all necessary applications, motions, answers,
orders, briefs, reports and other papers in connection
with the administration of their estates;
(f) represent the Subsidiary Debtors at all hearings and
proceedings;
(g) perform all other necessary legal services in connection
with their Chapter 11 cases; and
(h) render general, non-bankruptcy legal services as the
Subsidiary Debtors may from time to time request,
including, without limitation, environmental, corporate,
real estate, litigation, tax, and other matters.
Given the fact that most of the Subsidiary Debtors have no assets
and current operations, compensation for Baker Botts' services
will be paid by ASARCO.
Baker Botts will not keep separate time entries for each of the
Subsidiary Debtors from the time records with services provided
to ASARCO. Baker Botts will seek compensation for services
provided to both ASARCO and the Subsidiary Debtors by filing a
single, combined fee application.
Baker Botts will be compensated on its standard hourly basis,
plus reimbursement of expenses charges incurred:
Professional Hourly Rate
------------ -----------
Partners $375-$700
Associates $195-$370
Paralegals $120-$185
Paralegal Clerks $50-$100
Jack L. Kinzie, Esq., at Baker Botts LLP, in Dallas, Texas,
assures the Court that the firm does not represent any interest
adverse to the Subsidiary Debtors, and is a "disinterested
person" as the term is defined in Section 101(14) of the
Bankruptcy Code.
Mr. Kinzie discloses that, in matters relating to intercompany
claims, Baker Botts will not represent the Subsidiary Debtors in
the liquidation of any potential claim held by or against ASARCO,
or the determination of the priority status of any claim.
Instead, co-counsel with Baker Boots will handle any matters
related to any intercompany claim.
Headquartered in Tucson, Arizona, ASARCO LLC --
http://www.asarco.com/-- is an integrated copper mining,
smelting and refining company. Grupo Mexico S.A. de C.V. is
ASARCO's ultimate parent. The Company filed for chapter 11
protection on Aug. 9, 2005 (Bankr. S.D. Tex. Case No. 05-21207).
James R. Prince, Esq., Jack L. Kinzie, Esq., and Eric A.
Soderlund, Esq., at Baker Botts L.L.P., and Nathaniel Peter
Holzer, Esq., Shelby A. Jordan, Esq., and Harlin C. Womble, Esq.,
at Jordan, Hyden, Womble & Culbreth, P.C., represent the Debtor
in its restructuring efforts. Lehman Brothers Inc. provides the
ASARCO with financial advisory services and investment banking
services. Paul M. Singer, Esq., James C. McCarroll, Esq., and
Derek J. Baker, Esq., at Reed Smith LLP give legal advice to
the Official Committee of Unsecured Creditors and David J.
Beckman at FTI Consulting, Inc., gives financial advisory
services to the Committee. When the Debtor filed for protection
from its creditors, it listed $600 million in total assets and
$1 billion in total debts.
The Debtor has five affiliates that filed for chapter 11
protection on April 11, 2005 (Bankr. S.D. Tex. Case Nos. 05-20521
through 05-20525). They are Lac d'Amiante Du Quebec Ltee, CAPCO
Pipe Company, Inc., Cement Asbestos Products Company, Lake
Asbestos of Quebec, Ltd., and LAQ Canada, Ltd. Details about
their asbestos-driven chapter 11 filings have appeared in the
Troubled Company Reporter since Apr. 18, 2005.
Encycle/Texas, Inc. (Bankr. S.D. Tex. Case No. 05-21304), Encycle,
Inc., and ASARCO Consulting, Inc. (Bankr. S.D. Tex. Case No.
05-21346) also filed for chapter 11 protection, and ASARCO has
asked that the three subsidiary cases be jointly administered with
its chapter 11 case. On Oct. 24, 2005, Encycle/Texas' case was
converted to a Chapter 7 liquidation proceeding. The Court
appointed Michael Boudloche as Encycle/Texas, Inc.'s Chapter 7
Trustee. Michael B. Schmidt, Esq., and John Vardeman, Esq., at
Law Offices of Michael B. Schmidt represent the Chapter 7
Trustee. (ASARCO Bankruptcy News, Issue No. 17; Bankruptcy
Creditors' Service, Inc., 215/945-7000).
ASARCO LLC: Subsidiary Panel & FCR Want Legal Analysis as Advisor
-----------------------------------------------------------------
As part of ASARCO LLC and its debtor-affiliates' reorganization
efforts, they hired Hamilton, Rabinovitz & Alschuler, Inc., to
provide them consulting services in relation to asbestos and
silica personal injury claims.
The Official Committee of Unsecured Creditors for the Asbestos
Subsidiary Debtors and Robert C. Pate, the legal representative
for future asbestos personal injury claimants, see a need for a
similar consultant. Hence, the Subsidiary Committee and the
Futures Representative seek authority from the U.S. Bankruptcy
Court for the Southern District of Texas in Corpus Christi to
retain Legal Analysis Systems, Inc., as their asbestos claims
estimation consultant.
The Subsidiary Committee and FCR believe that Legal Analysis'
services are both necessary and appropriate and will assist the
Subsidiary Committee and FCR in the negotiation, formulation,
development, and implementation of a plan of reorganization.
Legal Analysis is a firm noted for its expertise and experience
in providing expert consultation and advice regarding estimation
liabilities, development of procedures and facilities, and
settlement of asbestos claims and other matters involving the
valuation and treatment of asbestos bodily injury claims, Debra
L. Innocenti, Esq., at Oppenheimer, Blend, Harrison & Tate, Inc.,
in San Antonio, Texas, tells the Court.
Legal Analysis will:
(a) provide estimation of the number and value of present and
future asbestos personal injury claims;
(b) develop claims procedures to be used in the development of
financial models of payments and assets of a claims
resolution trust;
(c) review and analyze the Debtors' claims database and review
and analyze the Debtors' resolution of asbestos claims;
(d) evaluate reports and opinions of experts and consultants
retained by other parties to the Debtors' bankruptcy
proceedings;
(e) evaluate and analyze proposed proofs of claim and bar
dates and analyze data from the proofs of claim;
(f) provide quantitative analyses of other matters related to
asbestos bodily injury claims as may be requested by the
Subsidiary Committee and FCR; and
(g) provide testimony on matters required by the Subsidiary
Committee and FCR.
Legal Analysis will be paid on an hourly basis in accordance with
its hourly rates:
Professional Hourly Rate
------------ -----------
Mark A. Peterson $700
Daniel Relles 425
Mark A. Peterson, president of Legal Analysis Systems, Inc.,
discloses that Legal Analysis has performed work in various other
bankruptcy matters, and many of the parties-in-interest in the
current bankruptcy case may have had some involvement in some or
all of those prior cases. Nonetheless, he assures the Court that
the firm is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code; holds no interest adverse
to the Debtors and their estates; and has no connection to the
Debtors, their creditors or their related parties.
Headquartered in Tucson, Arizona, ASARCO LLC --
http://www.asarco.com/-- is an integrated copper mining,
smelting and refining company. Grupo Mexico S.A. de C.V. is
ASARCO's ultimate parent. The Company filed for chapter 11
protection on Aug. 9, 2005 (Bankr. S.D. Tex. Case No. 05-21207).
James R. Prince, Esq., Jack L. Kinzie, Esq., and Eric A.
Soderlund, Esq., at Baker Botts L.L.P., and Nathaniel Peter
Holzer, Esq., Shelby A. Jordan, Esq., and Harlin C. Womble, Esq.,
at Jordan, Hyden, Womble & Culbreth, P.C., represent the Debtor
in its restructuring efforts. Lehman Brothers Inc. provides the
ASARCO with financial advisory services and investment banking
services. Paul M. Singer, Esq., James C. McCarroll, Esq., and
Derek J. Baker, Esq., at Reed Smith LLP give legal advice to
the Official Committee of Unsecured Creditors and David J.
Beckman at FTI Consulting, Inc., gives financial advisory
services to the Committee. When the Debtor filed for protection
from its creditors, it listed $600 million in total assets and
$1 billion in total debts.
The Debtor has five affiliates that filed for chapter 11
protection on April 11, 2005 (Bankr. S.D. Tex. Case Nos. 05-20521
through 05-20525). They are Lac d'Amiante Du Quebec Ltee, CAPCO
Pipe Company, Inc., Cement Asbestos Products Company, Lake
Asbestos of Quebec, Ltd., and LAQ Canada, Ltd. Details about
their asbestos-driven chapter 11 filings have appeared in the
Troubled Company Reporter since Apr. 18, 2005.
Encycle/Texas, Inc. (Bankr. S.D. Tex. Case No. 05-21304), Encycle,
Inc., and ASARCO Consulting, Inc. (Bankr. S.D. Tex. Case No.
05-21346) also filed for chapter 11 protection, and ASARCO has
asked that the three subsidiary cases be jointly administered with
its chapter 11 case. On Oct. 24, 2005, Encycle/Texas' case was
converted to a Chapter 7 liquidation proceeding. The Court
appointed Michael Boudloche as Encycle/Texas, Inc.'s Chapter 7
Trustee. Michael B. Schmidt, Esq., and John Vardeman, Esq., at
Law Offices of Michael B. Schmidt represent the Chapter 7
Trustee. (ASARCO Bankruptcy News, Issue No. 17; Bankruptcy
Creditors' Service, Inc., 215/945-7000).
ATA AIRLINES: Court Approves Sabre Restructuring Agreement
----------------------------------------------------------
Jeffrey C. Nelson, Esq., at Baker & Daniels, in Indianapolis,
Indiana, recounts that ATA Airlines, Inc., and Sabre Inc., are
parties to:
(1) a Distribution Agreement, which is a participating
carrier agreement dated April 30, 1992;
(2) a Hosting Agreement, which is an information technology
services agreement dated October 2, 2003; and
(3) a Software License, which is a master agreement for
software license and professional services dated June 15,
2000.
As part of its restructuring efforts, the Debtor developed a new
business plan that contemplates a scheduled service business
smaller than the scheduled service business existing when the
Agreements were originally executed.
After extensive negotiations, the Debtor and Sabre entered into a
restructuring agreement, which reflects the Debtor's current
needs.
The Restructuring Agreement:
(a) provides for several amendments to the Agreements that
will substantially reduce the Debtor's costs;
(b) establishes the cure that the Debtor will pay to Sabre in
conjunction with the Debtor's assumption of the Amended
Agreements as well as for the payment by the Debtor of the
cure to Sabre over a period of time; and
(c) reduces the Debtor's costs going forward by eliminating
its obligation to continue to use and pay for products and
services that are no longer necessary or useful to its
operations.
Sabre has agreed to reduce certain minimum monthly fees, resulting
in substantial savings to the Debtor, Mr. Nelson relates.
The payment of the cure amount will also fully satisfy all of
Sabre's filed or scheduled claims.
In exchange, the Debtor has agreed to extend the term of the
Hosting Agreement and to a higher charge for one aspect of the
Agreements.
Accordingly, Judge Basil H. Lorch of the U.S. Bankruptcy Court for
the Southern District of Indiana approves the Restructuring
Agreement, and authorizes the Debtor to assume the Amended
Agreements.
The Restructuring Agreement is filed under seal.
Headquartered in Indianapolis, Indiana, ATA Airlines, owned by ATA
Holdings Corp. -- http://www.ata.com/-- is the nation's 10th
largest passenger carrier (based on revenue passenger miles) and
one of the nation's largest low-fare carriers. ATA has one of the
youngest, most fuel-efficient fleets among the major carriers,
featuring the new Boeing 737-800 and 757-300 aircraft. The
airline operates significant scheduled service from Chicago-
Midway, Hawaii, Indianapolis, New York and San Francisco to over
40 business and vacation destinations. Stock of parent company,
ATA Holdings Corp., is traded on the Nasdaq Stock Exchange. The
Company and its debtor-affiliates filed for chapter 11 protection
on Oct. 26, 2004 (Bankr. S.D. Ind. Case Nos. 04-19866, 04-19868
through 04-19874). Terry E. Hall, Esq., at Baker & Daniels,
represents the Debtors in their restructuring efforts. Daniel H.
Golden, Esq., Lisa G. Beckerman, Esq., and John S. Strickland,
Esq., at Akin Gump Strauss Hauer & Feld, LLP, represents the
Official Committee of Unsecured Creditors. When the Debtors filed
for protection from their creditors, they listed $745,159,000 in
total assets and $940,521,000 in total debts. (ATA Airlines
Bankruptcy News, Issue No. 48; Bankruptcy Creditors' Service,
Inc., 215/945-7000)
ATA AIRLINES: Court Okays to Use ATSB Lenders' Cash Collateral
--------------------------------------------------------------
As reported in the Troubled Company Reporter on Feb. 13, 2006, ATA
Airlines, Inc., its debtor-affiliates and the ATSB Lenders
stipulate that the carrier may use the ATSB Lenders' cash
collateral and other collateral until the occurrence of the Plan
Effective Date.
Currently, the Reorganizing Debtors are:
* seeking to negotiate definitive documentation for the Exit
Facility and other transactions contemplated in connection
with the Reorganizing Debtors' emergence from the Chapter 11
cases; and
* preparing to consummate the Amended Plan and cause the
occurrence of the Effective Date.
The Debtors covenant with the ATSB Lenders to maintain:
(i) at least $35,000,000 in Available Cash during the
Extension Period; and
(ii) no less than the greater of the Available Cash amount or
90% of the Available Cash amount forecasted at each week
end in the Debtors' cash forecast:
Week Ending Available Cash 90% of Available Cash
----------- -------------- ---------------------
02/03/06 $41,502,353 $37,352,117
02/10/06 $41,843,142 $37,658,828
02/17/06 $33,618,989 $35,000,000
02/24/06 $36,924,044 $35,000,000
03/3/06 Not Applicable $35,000,000
* * *
The U.S. Bankruptcy Court for the Southern District of Indiana put
its stamp of approval on the stipulation authorizing the
Reorganizing Debtors to use the ATSB Lenders' cash collateral and
other collateral until the occurrence of the Plan Effective Date.
Headquartered in Indianapolis, Indiana, ATA Airlines, owned by ATA
Holdings Corp. -- http://www.ata.com/-- is the nation's 10th
largest passenger carrier (based on revenue passenger miles) and
one of the nation's largest low-fare carriers. ATA has one of the
youngest, most fuel-efficient fleets among the major carriers,
featuring the new Boeing 737-800 and 757-300 aircraft. The
airline operates significant scheduled service from Chicago-
Midway, Hawaii, Indianapolis, New York and San Francisco to over
40 business and vacation destinations. Stock of parent company,
ATA Holdings Corp., is traded on the Nasdaq Stock Exchange. The
Company and its debtor-affiliates filed for chapter 11 protection
on Oct. 26, 2004 (Bankr. S.D. Ind. Case Nos. 04-19866, 04-19868
through 04-19874). Terry E. Hall, Esq., at Baker & Daniels,
represents the Debtors in their restructuring efforts. Daniel H.
Golden, Esq., Lisa G. Beckerman, Esq., and John S. Strickland,
Esq., at Akin Gump Strauss Hauer & Feld, LLP, represents the
Official Committee of Unsecured Creditors. When the Debtors filed
for protection from their creditors, they listed $745,159,000 in
total assets and $940,521,000 in total debts. (ATA Airlines
Bankruptcy News, Issue No. 48; Bankruptcy Creditors' Service,
Inc., 215/945-7000)
AXCESS INT'L: December 31 Balance Sheet Upside-Down by $4.59 Mil.
-----------------------------------------------------------------
AXCESS International Inc. reported it financial results for the
fourth quarter and fiscal year ended Dec. 31, 2005.
For the three months ended Dec. 31, 2005, AXCESS International's
Radio Frequency Identification (RFID) systems revenues increased
to $417,751 from RFID revenues of $151,080 for the same period in
2004. For the fiscal year ended Dec. 31, 2005, RFID revenues
increased to $986,377 from revenues of $772,475 in 2004. The
increase in revenues in the fourth quarter and on an annual basis
is due to the Company gaining traction in the active RFID market
and continued improvement in technology and customer system
implementation.
For the fiscal year ended Dec. 31, 2005, AXCESS' net loss
decreased to $3,256,054 from a net loss of $3,416,554 for the year
ended Dec. 31, 2004.
Financing Transactions
In December 2005, AXCESS closed on a $813,021 preferred stock
offering for 956,495 shares (that pay no dividends) and 956,495
five-year warrants to purchase the Company's common stock at $1.50
per share. A large portion of that funding came from its largest
shareholder group, including Amphion Innovations PLC (AMP.L), a
company that creates, operates, and finances technology companies
and continues to support AXCESS and its progress.
Going Concern Doubt
Hein & Associates LLP expressed substantial doubt about AXCESS
International's ability to continue as a going concern after
reviewing the Company's financial statements for the years ended
December 31, 2004 and 2003. "AXCESS' recurring losses from
operations and resulting continued dependence on external
financing raise substantial doubts about its ability to continue
as a going concern," the auditing firm said. "If the Company is
unable to generate profitable operations or raise additional
capital, it may be forced to seek protection under federal
bankruptcy laws," management's warned.
For the fiscal year ended Dec. 31, 2005, AXCESS International
reported total assets of $932,979 and total liabilities of
$5,520,301.
Headquartered in Dallas, Texas, AXCESS International Inc. --
http://www.axcessinc.com-- through its proprietary technology, is
a manufacturer of advanced physical security and enterprise asset
management systems that can automatically locate, identify, track,
monitor, count, and protect people, property and vehicles. The
purpose of the systems is: to reduce loss and liability; to
increase the efficiency of a client's employees; and to improve
the management of personal property, logistics, and facilities.
Axcess utilizes two patented and integrated technologies: battery-
powered wireless tagging called Active-Radio Frequency
Identification (RFID) and network based streaming digital video
(IPTV).
As of Dec. 31, 2005, AXCESS International's stockholders' deficit
widened to $4,587,322 from a deficit of $4,581,010 at Dec. 31,
2004.
BIOGEN IDEC: S&P Lifts Sr. Unsecured Debt Rating to BBB from BB+
----------------------------------------------------------------
Standard & Poor's Ratings Services raised its corporate credit and
senior unsecured debt ratings on biopharmaceutical company Biogen
Idec Inc. to 'BBB' from 'BB+'. The outlook is stable.
"The upgrade reflects the continued strong performance of a key
product in the face of newer competition, exceptional growth in a
co-promoted product, and the financial capacity of a now
essentially debt-free balance sheet," said Standard & Poor's
credit analyst David Lugg. "Also, concerns that the marketing
withdrawal of the company's promising multiple sclerosis (MS) drug
Tysabri would be disruptive to management and operations have not
been borne out."
The ratings on Biogen Idec reflect the biopharmaceutical company's
leading positions in the treatment of cancer and MS, as well as
its strong financial profile. These factors are partially offset
by the company's high revenue dependence on only two drugs and its
relatively thin near-term product pipeline.
Formed in late 2003 through the all-equity merger of Biogen Inc.
and Idec Pharmaceutical Corp., Cambridge, Massachusetts-based
Biogen Idec is the third-largest biopharmaceutical company in the
U.S. based on sales. It specializes in the development of
monoclonal antibody-based cancer treatments and autoimmune disease
treatments. The company currently has four marketed products:
* Avonex, for the treatment of MS;
* Rituxan and Zevalin, both for the treatment of B-cell
non-Hodgkin's lymphoma; and
* Amevive, for the treatment of psoriasis.
Of these, only Avonex and Rituxan have achieved significant market
success. Indeed, Biogen Idec is seeking to divest Amevive.
The company is expected to continue turning in solid operational
performance. EBITDA margins are roughly 40%, and free cash flow
is estimated to be in excess of $400 million for 2005. Return on
capital is depressed because of the all-equity merger.
Financially, with the company's repayment of the majority of its
LYONs issue, Biogen Idec is virtually unleveraged.
Management's growth strategy now places a greater emphasis on
externally generated growth, in particular the licensing or
acquisition of products or companies. In 2005, the company
licensed three drugs early in clinical development from Protein
Design Laboratories Inc. (unrated) for total consideration of $100
million. It is likely that this activity will accelerate and may
require debt financing. Standard & Poor's anticipates that any
borrowings utilized to achieve growth objectives will be moderate
and that credit measures will remain consistent with an
investment-grade rating.
BOYD GAMING: P. Chakmak Replacing CFO E. Landau Upon Retirement
---------------------------------------------------------------
Boyd Gaming Corporation's (NYSE: BYD) long-time Chief Financial
Officer Ellis Landau has informed the Company that he intends to
retire on May 31, 2006.
Mr. Landau, 62, has been the Company's CFO since he joined Boyd
Gaming in 1990, where he led or played a significant role in the
Company's financial, acquisition, and development strategies and
endeavors during that time.
The Company said that Paul Chakmak, currently Senior Vice
President for Finance and Treasurer, will be promoted to succeed
Landau as Chief Financial Officer and Treasurer on June 1, 2006.
Bill Boyd, Chairman and Chief Executive Officer of Boyd Gaming
said, "Ellis has played a tremendous role in the growth of our
Company over the past 16 years as we moved from a small private
company to one of the leading companies in our industry today. I
know how respected he is both inside Boyd Gaming and in the
financial community at large for both his financial and business
skills and for his integrity. I am really pleased that he has
been on our team for these many years, and speak for so many
others at Boyd Gaming in wishing him well as he enjoys his years
ahead."
Headquartered in Las Vegas, Boyd Gaming Corporation (NYSE: BYD) --
http://www.boydgaming.com/-- is a leading diversified owner and
operator of 19 gaming entertainment properties located in Nevada,
New Jersey, Mississippi, Illinois, Indiana and Louisiana. The
Company is also developing Echelon Place, a world class
destination on the Las Vegas Strip, expected to open in early
2010. Additionally, the Company was recently recognized by Forbes
Magazine as the best managed company in the category of Hotels,
Restaurant and Leisure.
* * *
As reported in the Troubled Company Reporter on Jan. 30, 2006,
Standard & Poor's Ratings Services assigned a 'B+' rating to Boyd
Gaming Corp.'s proposed $250 million senior subordinated notes due
2016. At the same time, Standard & Poor's affirmed its existing
ratings on the Las Vegas-based casino operator, including its 'BB'
issuer credit rating. S&P said the outlook is stable.
BUFFALO MOLDED: Wants McDonald Hopkins as Substitute Counsel
------------------------------------------------------------
Buffalo Molded Plastics, Inc., dba Andover Industries asks the
Honorable Thomas P. Agresti of the U.S. Bankruptcy Court for the
Western District of Pennsylvania in Erie for permission to employ
McDonald Hopkins, Co., L.P.A.
The Debtor wants to substitute McDonald Hopkins for Lindahl Gross
Lievois, P.C., its current bankruptcy counsel.
McDonald Hopkins purchased substantially all of the assets of
Lindahl Gross. Nicole C. Amey, Esq., at McDonald Hopkins in
Bingham, Michigan, relates that, effective Jan. 1, 2006, employees
previously employed by Lindahl Gross, including shareholders and
attorneys, are now employed by McDonald Hopkins.
Stephen M. Gross, Esq., at Lindahl Gross in Bingham, Michigan,
said that the substitution will not cause any delay in its
bankruptcy case because the particular attorneys responsible for
the Debtor's representation will continue to do so.
Papers filed with the Court did not indicate the hourly rate the
professionals will be paid.
Headquartered in Andover, Ohio, Buffalo Molded Plastics, Inc., dba
Andover Industries -- http://www.andoverplastics.com/--
manufactures rocker panels, grilles, pillars and body side molding
components for General Motors Corp. and DaimlerChrysler. The
Company filed for chapter 11 protection on Oct. 21, 2004 (Bankr.
W.D. Pa. Case No. 04-12782). David Bruce Salzman, Esq., at
Campbell & Levine, LLC, represents the Debtor in its restructuring
efforts. When the Debtor filed for protection from its
creditors, it estimated assets and debts in the $10 million to $50
million range. David W. Lampl, Esq., at Leech Tishman Fuscaldo &
Lampl, LLC, represents the Official Committee of Unsecured
Creditors in the Debtor's chapter 11 case.
BROOKLYN HOSPITAL: Court Fixes April 21 as Claims Bar Date
----------------------------------------------------------
The United States Bankruptcy Court for the Eastern District of
New York, set Apr. 21, 2006, at 4:00 p.m., as the deadline for all
creditors owed money by The Brooklyn Hospital Center and its
debtor-affiliate Caledonian Health Center, Inc., on account of
claims arising prior to Sept. 30, 2005, to file their proofs of
claim.
Creditors must file written proofs of claim on or before the
April 21 Claims Bar Date and those forms must be delivered to:
Clerk of the U.S. Bankruptcy Court
Eastern District of New York
The Brooklyn Hospital Center Claims Processing
271 Cadman Plaza East, Suite 1595
Brooklyn, New York 11201
Headquartered in Brooklyn, New York, The Brooklyn Hospital Center
-- http://www.tbh.org-- provides a variety of inpatient and
outpatient services and education programs to improve the well
being of its community. The Debtor, together with Caledonian
Health Center, Inc., filed for chapter 11 protection on Sept. 30,
2005 (Bankr. E.D.N.Y. Case No. 05-26990). Lawrence M. Handelsman,
Esq., and Eric M. Kay, Esq., at Stroock & Stroock & Lavan LLP
represent the Debtors in their restructuring efforts. Glenn B.
Rice, Esq., at Otterbourg, Steindler, Houston & Rosen, P.C.,
represents the Official Committee of Unsecured Creditors.
Clifford A. Zucker, CPA, a member at J.H. Cohn LLP, provides the
Debtors with accounting and financial advisory services; the
Committee retained Alvarez & Marsal, LLC, as its financial
advisor. When the Debtors filed for protection from their
creditors, they listed $233,000,000 in assets and $337,000,000 in
debts.
CALPINE CORP: Construction Finance Wants Waiver from Noteholders
----------------------------------------------------------------
Calpine Construction Finance Company, L.P. and CCFC Finance Corp.
commenced a consent solicitation, for holders of record as of
Feb. 21, 2006, to seek a waiver under the indenture governing
their $415,000,000 principal amount of Second Priority Senior
Secured Floating Rate Notes due 2011 and that CCFC is requesting a
similar waiver from the lenders under the credit and guarantee
agreement governing its $385,000,000 First Priority Senior Secured
Institutional Term Loans due 2009.
The proposed waivers would waive certain existing defaults under
the Credit Agreement and Indenture that occurred following the
filing by Calpine Corporation (OTC Pink Sheets: CPNLQ), the
Company's ultimate parent, and certain of Calpine Corporation's
controlled subsidiaries, for bankruptcy on Dec. 20, 2005.
The defaults under the Credit Agreement and Indenture resulted
from the failure of one of Calpine Corporation's controlled
subsidiaries to make payments to CCFC under a gas sale and power
purchase agreement.
Obtaining both waivers would, among other things, have the effect
of permitting CCFC to make certain distributions to CCFC Preferred
Holdings, LLC, its indirect parent, to enable CCFCP to pay the
semi-annual dividend on its redeemable preferred shares.
With respect to the Indenture, a waiver agreement will be executed
following receipt by the Company of the consent of at least a
majority in aggregate principal amount of outstanding Notes. With
respect to the Credit Agreement, a similar waiver agreement will
be executed following receipt by CCFC of the consent of lenders
holding more than 50% of the aggregate outstanding Term Loans.
The effectiveness of each of the waivers is conditioned, among
other things, upon the effectiveness of the other. The waivers
will be effective immediately upon satisfaction of the conditions
precedent to their effectiveness, which may occur prior to the
expiration of the consent solicitation and request for waiver
under the Credit Agreement. Consents given in the consent
solicitation may be revoked at any time prior to the effectiveness
of the waiver under the Indenture, but not thereafter.
Upon their effectiveness, the respective waiver agreements will
implement the waivers for all holders of the Notes and lenders
under the Term Loans whether or not they provided their consent.
The consent solicitation under the Indenture and waiver request
under the Credit Agreement will expire at 5:00 p.m., New York City
time, on Mar. 3, 2006, unless extended.
The consent solicitation may be amended, extended or terminated,
at the option of the Company, as set forth in the solicitation
letter and consent form from the Company. For a complete
statement of the terms and conditions of the consent solicitation,
holders of the Notes should refer to the solicitation letter.
The Company has retained Merrill Lynch & Co. to serve as
Solicitation Agent for the consent solicitation. Global
Bondholder Services Corporation will act as Information Agent in
connection with the consent solicitation. Questions concerning
the terms of the consent solicitation, and requests for copies of
the solicitation letter, the consent form or other related
documents should be directed to the Information Agent by calling
866-736-2200. Wilmington Trust Company will act as Tabulation
Agent. Requests for assistance in delivering consents should be
directed to the Tabulation Agent at 302-636-6181.
Goldman Sachs Credit Partners L.P. is the administrative agent
under the Credit Agreement. The administrative agent will be
contacting lenders under the Credit Agreement in connection with
CCFC's request for the waiver.
About Calpine Construction Finance Company L.P.
CCFC is an indirect subsidiary of Calpine Corporation. It was
formed to develop, own and operate power generating facilities and
currently owns and operates six core natural gas-fired combined-
cycle facilities, which have a combined estimated peak capacity of
3,667 megawatts and a combined estimated nominal capacity of 3,347
megawatts. The facilities are the 594-megawatt Brazos Valley
project in Thompsons, Texas; the 642-megawatt Hermiston project
near Hermiston, Oregon; the 751-megawatt Magic Valley project near
Edinburg, Texas; the 609-megawatt Osprey project near Auburndale,
Florida; the 543-megawatt Sutter project near Yuba City,
California; and the 528-megawatt Westbrook project near Westbrook,
Maine. CCFC Finance Corp. is an indirect subsidiary of Calpine
Corporation that was formed solely to act as co-issuer of the
Notes. A major power company, Calpine Corporation supplies
customers and communities with electricity from clean, efficient,
natural gas-fired and geothermal power plants.
About Calpine Corporation
Headquartered in San Jose, California, Calpine Corporation --
http://www.calpine.com/-- supplies customers and communities with
electricity from clean, efficient, natural gas-fired and
geothermal power plants. Calpine owns, leases and operates
integrated systems of plants in 21 U.S. states and in three
Canadian provinces. Its customized products and services include
wholesale and retail electricity, gas turbine components and
services, energy management and a wide range of power plant
engineering, construction and maintenance and operational
services. The Company filed for chapter 11 protection on Dec. 20,
2005 (Bankr. S.D.N.Y. Lead Case No. 05-60200). Richard M. Cieri,
Esq., Matthew A. Cantor, Esq., Edward Sassower, Esq., and Robert
G. Burns, Esq., Kirkland & Ellis LLP represent the Debtors in
their restructuring efforts. Michael S. Stamer, Esq., at Akin
Gump Strauss Hauer & Feld LLP, represents the Official Committee
of Unsecured Creditors. As of Dec. 19, 2005, the Debtors listed
$26,628,755,663 in total assets and $22,535,577,121 in total
liabilities.
CANWEST MEDIAWORKS: Moody's Confirms Sr. Subor. Bond Rating at B2
-----------------------------------------------------------------
Moody's Investors Service confirmed the Ba3 Corporate Family
Rating and B2 Senior Subordinate rating of CanWest MediaWorks
Inc., and changed the outlook to negative. Moody's also withdrew
CanWest's senior secured and senior unsecured ratings as
previously rated debt has been repaid and Moody's has not been
requested to rate CanWest's new bank facility.
In September 2005, Moody's placed the ratings of CanWest under
review for possible upgrade following the company's decision to
sell a minority interest in its Canadian newspaper and interactive
media assets. The confirmation of CanWest's Ba3 Corporate Family
Rating reflects a more modest debt reduction and weaker operating
results than Moody's expected; Canwest raised about $100 million
less in equity than expected and their recently announced Canadian
and Australian broadcast operations underperformed Moody's
expectations.
Moody's expects poor Canadian broadcast segment results for the
next two years, moderating results for Network Ten in Australia,
margin pressure in the newspaper segment, and increasing capital
expenditures to keep credit metrics weak for the rating category,
despite likely modest improvement through 2007. The Corporate
Family Rating is supported by CanWest's significant market
positions in Canadian newspaper publishing, Canadian TV
broadcasting and Australian TV broadcasting, the divisibility and
salability of Canwest's diverse and largely publicly-traded asset
mix, as well as management's continued commitment to further
reduce debt. The rating is constrained, however, by Moody's
expectation of weak credit metrics for the rating in 2007. The
negative outlook reflects those expected weak metrics.
As the company has become organizationally more complex, with all
assets except Canadian TV and the National Post newspaper now only
partially owned, the Retained Cash Flow and Free Cash Flow metrics
become relatively more important as they are the only ones to
reflect Canwest's minority interest distributions. By 2007,
Moody's expects Retained Cash Flow/Debt of 11% and Free Cash
Flow/Debt of just 4%, both after Moody's standard adjustments.
The ratings may be considered for a downgrade if CanWest is unable
to improve upon these expectations, towards mid-teens and mid-
single digits respectively. This would likely be caused by an
inability to restore the Canadian broadcasting business to levels
of profitability consistent with its peers and its track record,
or if it incurs debt for acquisitions. The ratings would be
considered for an upgrade if the company is able to achieve
sustainable free cash flow/debt towards the upper single digits
and retained cash flow/debt in the upper teens, most likely caused
by a strong improvement in the company's Canadian broadcasting
segment and the sale of other non-strategic assets to reduce debt.
Moody's is concerned that CanWest's current lack of competitive
Canadian television shows might take a number of years to fix, and
may involve increased programming costs which could further
pressure margins. At the same time, viewership continues to
migrate from conventional TV towards specialty channels, where
Canwest has only a minor market position. Moody's notes, however,
that Canwest has in the past demonstrated market leadership in
Canadian TV broadcasting, along with the disproportionate cash
flows associated with it, and it is possible that they may do so
again. It is also likely that Canwest will need to incur higher
capital expenditures for high definition broadcasting.
Moody's believes that the company's Canadian newspaper business
will continue to grow in the low single digit range, although
Canwest, along with its Canadian newspaper competitors, will face
a continuation of the margin pressure of the last few years,
caused by a continuing decline in circulation as readers migrate
to electronic media.
Moody's currently expects relatively modest consolidated free cash
flow generation to limit significant reduction in debt, absent
further asset disposals.
The senior subordinated rating is confirmed at two notches below
the Corporate Family Rating due to the subordinated nature of its
position against both operating company debt and the senior
secured debt at the company itself. Moody's estimates that
approximately 70% of CanWest's consolidated debt is structurally
or legally superior to the company's remaining senior subordinated
debt issue of CN$937 million.
Outlook Actions:
Issuer: CanWest MediaWorks Inc.
* Outlook, Changed To Negative From Rating Under Review
Confirmations:
Issuer: CanWest MediaWorks Inc.
* Corporate Family Rating, Confirmed at Ba3
* Senior Subordinated Regular Bond/Debenture, Confirmed at B2
Withdrawals:
Issuer: CanWest MediaWorks Inc.
* Senior Secured Bank Credit Facility, Withdrawn, previously
rated Ba2
CanWest MediaWorks Inc., is a communications holding company based
in Winnipeg, Manitoba Canada, with interests in TV, radio and
publishing operations in Canada, Australia, New Zealand, the
Republic of Ireland, Israel, Turkey and the UK.
CARRINGTON MORTGAGE: Moody's Rates Class M-10 Certificates at Ba1
-----------------------------------------------------------------
Moody's Investors Service assigned Aaa rating to the senior
certificates issued by Carrington Mortgage Loan Trust, Series
2006-NC1 and ratings ranging from Aa1 to Ba1 to the subordinate
certificates.
The securitization is backed by New Century originated adjustable-
rate and fixed-rate sub-prime mortgage loans. The ratings are
based primarily on the credit quality of the loans, and on the
protection from subordination, overcollateralization and excess
spread. Moody's expects collateral losses to range from 4.40% to
4.90%.
New Century Mortgage Corporation will service the loans. Moody's
has assigned New Century Mortgage Corporation its servicer quality
rating as a primary servicer of subprime loans.
Actions taken are:
Issuer: Carrington Mortgage Loan Trust, Series 2006-NC1
* Class A-1, Assigned Aaa
* Class A-2, Assigned Aaa
* Class A-3, Assigned Aaa
* Class A-4, Assigned Aaa
* Class M-1, Assigned Aa1
* Class M-2, Assigned Aa2
* Class M-3, Assigned Aa3
* Class M-4, Assigned A1
* Class M-5, Assigned A2
* Class M-6, Assigned A3
* Class M-7, Assigned Baa1
* Class M-8, Assigned Baa2
* Class M-9, Assigned Baa3
* Class M-10, Assigned Ba1
CASE NEW HOLLAND: Moody's Rates $350 Mil. Senior Notes at Ba3
-------------------------------------------------------------
Moody's Investors Service has assigned a Ba3 rating to the
$350 million of senior notes issued by Case New Holland Inc.,
a 100%-owned subsidiary of CNH Global N.V. The notes are
unconditionally guaranteed by CNH, certain direct and indirect
domestic subsidiaries of Case, and certain direct and indirect
non-domestic subsidiaries of CNH. Proceeds will be used to
refinance maturing debt. The rating outlook is negative.
The Ba3 rating and negative outlook reflect the ongoing
difficulties that CNH has faced in achieving a fully effective
integration of the Case and New Holland brands, and the likely
softening in agricultural equipment markets during 2006. Although
the company has had a degree of success in integrating the design
and manufacturing components of the two businesses, it continues
to face important challenges, particularly in the area of
strengthening its dual-brand marketing strategy and it global
dealer network.
The company must also continue to improve operating efficiencies
by reducing purchasing costs and further streamlining its global
manufacturing footprint. As a result of these ongoing challenges,
CNH's operating performance and return measures continue to under
perform relative to its peers, its market share has eroded, and
its debt protection measures remain weak for the Ba3 rating level.
In order to stabilize its position at the current rating, CNH will
need to capitalize on recent reorganization initiatives designed
to better position the Case and New Holland product offerings
relative to competitors and to stabilize its share position. In
addition, it will be important for the company to continue
strengthening its credit metrics from their currently weak levels.
The rating agency would view it positively if credit metrics
demonstrated improvement from year-end 2005 levels that
approximated the following: operating margin from 4.4% to 5.5%;
interest coverage from just over 1x to a level in excess of 2x;
and a reduction in debt/EBITDA from 8x to a level approximating
6x.
CNH Global N.V., headquartered in the Netherlands, is a leading
global producer of agricultural and construction equipment. Case
New Holland Inc., headquartered in Lake Forest, Illinois, is a
wholly owned subsidiary of CNH., and indirectly through its
subsidiaries, owns substantially all of the US assets of CNH.
CDC MORTGAGE: S&P Downgrades Rating on Class B Debt to B from BB
----------------------------------------------------------------
Standard & Poor's Ratings Services lowered its ratings to 'B' from
'BB' on class B from CDC Mortgage Capital Trust 2001-HE1 and class
B-2 from CDC Mortgage Capital Trust 2002-HE2. Both ratings remain
on CreditWatch with negative implications.
The lowered ratings reflect actual and projected credit support
percentages that are insufficient to maintain the previous
ratings. Excess interest has been insufficient to cover realized
losses for both series. During the past 12 months, average
monthly realized losses for series 2001-HE1 were $121,708, which
is 44.85% more than the average monthly excess interest of $84,026
generated during the period.
Average monthly realized losses for series 2002-HE2 were $344,404
for the same period, which is 78.79% more than the average monthly
excess interest of $192,632. Overcollateralization levels for
both series are below their targets because overcollateralization
is being used to cover losses.
The ratings on the two downgraded classes remain on CreditWatch
negative because of the additional projected losses expected to
result from high delinquencies. As of the January 2006
distribution date, total delinquencies for series 2001-HE1 were
45.08%, with 25.79% categorized as seriously delinquent (90-plus
days, foreclosure, and REO); for series 2002-HE2, total
delinquencies were 38.31%, with 19.1% categorized as seriously
delinquent.
Standard & Poor's will continue to closely monitor the performance
of these transactions. If the delinquent loans translate into
realized losses that continue to outpace excess interest, the
ratings on these classes are likely to be cut to 'CCC' or lower,
depending on the size of the losses and the remaining credit
support. If losses are considerably lower than our projections,
the current 'B' ratings are likely to be affirmed.
The collateral for all of the transactions consists of pools of
fixed- and adjustable-rate mortgage loans secured by first liens
on one- to four-family residential properties.
Ratings lowered and remaining on creditwatch negative:
CDC Mortgage Capital Trust
Rating
Series Class To From
------ ----- -- ----
2001-HE1 B B/Watch Neg BB/Watch Neg
2002-HE2 B-2 B/Watch Neg BB/Watch Neg
CENTENNIAL COMMS: Updates Financial Outlook for FY Ending May 31
----------------------------------------------------------------
Centennial Communications Corp. (NASDAQ: CYCL) updated its
financial outlook for the 2006 fiscal year ending May 31, 2006.
For the 2006 fiscal year, the Company now expects consolidated
adjusted operating income (AOI) from continuing operations between
$350 million and $360 million, including an approximately
$9 million startup loss related to its recent launch of service in
Grand Rapids and Lansing, Michigan. Centennial also now
anticipates consolidated capital expenditures of approximately
$150 million for fiscal 2006.
The Company is adjusting its fiscal 2006 outlook to reflect
several operating trends, including weaker than expected
subscriber growth in its Caribbean wireless segment resulting in
lower revenues and AOI. Centennial expects postpaid average
revenue per user (ARPU) in Puerto Rico to decline below $70 for
the fiscal third quarter due to lower access and airtime revenue.
In addition, AOI continues to be pressured by higher customer
acquisition costs associated with stronger than expected customer
activations in U.S. wireless, as well as higher costs related to
increased minutes-of-use and increased equipment expense resulting
from GSM handset upgrades.
"We took many important steps during 2005 to improve an already
strong competitive position in each of our local markets, and are
beginning to see good progress as we measure the early impact of
these initiatives," said Michael J. Small, Centennial's chief
executive officer. "With our network replacement and upgrade
complete in Puerto Rico, the reach, reliability and capabilities
of our network are once again proving to be an important
competitive differentiator as we deliver next-generation services.
We also reorganized our customer-facing organizations in Puerto
Rico and launched new markets in our Midwest footprint to support
renewed U.S. subscriber growth. We are confident that our local
market strategy remains the right one."
In U.S. wireless, Centennial expects to grow postpaid subscribers
by approximately 20,000 for the fiscal third quarter ending
February 28, 2006, compared to a loss of 1,600 postpaid
subscribers during the year-ago quarter. In Caribbean wireless,
the Company does not expect to add postpaid subscribers during the
fiscal third quarter, versus approximately 13,200 net postpaid
subscriber additions during the year-ago quarter.
Fiscal 2006 Outlook
Updated Outlook Previous Outlook
--------------- ----------------
Consolidated Adjusted $350 million to $370 million to
Operating Income (AOI) $360 million $390 million
Consolidated Capital $150 million $160 million
Expenditures (Capex)
Consolidated AOI from continuing operations for fiscal year 2005
was $366.4 million, which included $9.1 million of non-recurring
items. The Company has not included a reconciliation of projected
AOI because projections for some components of this reconciliation
are not possible to forecast at this time.
Based in Wall, N.J., Centennial Communications Corp. (NASDAQ:CYCL)
-- http://www.centennialwireless.com/-- is a leading provider of
regional wireless and integrated communications services in the
United States and the Caribbean with approximately 1.3 million
wireless subscribers and 326,400 access lines and equivalents.
The U.S. business owns and operates wireless networks in the
Midwest and Southeast covering parts of six states. Centennial's
Caribbean business owns and operates wireless networks in Puerto
Rico, the Dominican Republic and the U.S. Virgin Islands and
provides facilities-based integrated voice, data and Internet
solutions. Welsh, Carson, Anderson & Stowe and an affiliate of
the Blackstone Group are controlling shareholders of Centennial.
At Nov. 30, 2005, Centennial Communications' balance sheet
showed a $490,868,000 stockholders' deficit, compared to a
$518,432,000 deficit at May 31, 2005.
CENTURYTEL: Moody's Affirms Preferred Shelf (P) Ba1 Rating
----------------------------------------------------------
Moody's Investors Services affirmed CenturyTel's Baa2 senior
unsecured long-term rating following the company's authorization
of a $1.0 billion share repurchase program on Feb. 22, 2006.
Moody's believes that given the strength of the company's cash
flows and strong balance sheet at 12/31/05, the execution of the
share repurchase program will not materially weaken the company's
credit metrics.
Moody's anticipates that CenturyTel will have sufficient liquidity
and financial flexibility to maintain its financial metrics close
to current levels at the end of 2007. Moody's also assumes that
should CenturyTel identify and pursue any significant acquisitions
over the next twelve to sixteen months, the company will curtail
its execution of this share repurchase program.
As part of this rating action, Moody's affirms these ratings:
* Senior Unsecured Rating -- Baa2
* Senior Unsecured Shelf -- (P) Baa2
* Preferred Shelf -- (P) Ba1
* Commercial Paper -- P-2
The rating outlook is stable.
CenturyTel, Inc., headquartered in Monroe, Louisiana is a regional
communications company engaged primarily in providing local
exchange telephone services in various regions of the United
States.
CHEMED CORP: Discloses Financial Results for Fourth Quarter
-----------------------------------------------------------
Chemed Corporation (NYSE:CHE), reported financial results for its
fourth quarter ended December 31, 2005, versus the comparable
prior-year period, as follows:
Consolidated Operating Results from Continuing Operations
-- Consolidated Revenue increased 16% to $248 million;
-- Diluted EPS from Continuing Operations of $.15;
-- Adjusted Pro Forma Diluted EPS from Continuing Operations of
$.61 after excluding settlement of the California wage and
hour class action, LTIP and certain other items.
VITAS generated record operating results
-- Quarterly Net Patient Revenue of $169 million, up 19%;
-- Average Daily Census (ADC) of 10,412, up 14%;
-- Adjusted EBITDA of $24.7 million, an increase of 21%.
Roto-Rooter segment reported record Revenue and Adjusted EBITDA
-- Revenue of $79 million, an increase of 10%;
-- Adjusted EBITDA of $14.5 million, an increase of 21%.
"VITAS continues to generate excellent census and admissions
growth, with fourth-quarter ADC totaling 10,412, up 14%, and
admissions in the quarter of 12,487, an increase of 8% over the
prior-year quarter. Net income for VITAS in the quarter was
$2.5 million. After excluding the aftertax cost of the class
action litigation in California, LTIP and OIG investigation,
VITAS' net income of $13.8 million increased 29% when compared to
the prior-year adjusted pro forma net income. VITAS had a fourth-
quarter adjusted EBITDA margin of 14.6%," stated Kevin McNamara,
Chemed president and chief executive officer.
"The litigation settlement involved a wage-hour class action case
pending against VITAS in California. This case was filed in April
2004, shortly after completion of the VITAS acquisition. We
accrued a pretax liability of $2.3 million and accounted for this
issue as an assumed liability on our opening balance sheet. Since
the establishment of this accrual, there has been a significant
increase in litigation, high settlements and unfavorable verdicts
against companies involving wage-hour claims in California.
Recognizing this legal climate, we have reached a tentative
agreement to resolve this matter. Generally Accepted Accounting
Principles (GAAP) do not allow for a period of more than 12-months
post acquisition to finalize the quantification of existing
contingencies on the opening balance sheet of an acquisition. As
a result, VITAS' fourth-quarter operating results include an
aftertax charge of $10.8 million representing the portion of this
preliminary settlement not accounted for on VITAS' opening balance
sheet.
"Roto-Rooter also reported solid financial operating results.
For the fourth quarter of 2005, Roto-Rooter had revenue of
$79 million, an increase of 10%. Adjusted EBITDA was
$14.5 million, an increase of 21% at a margin of 18.3%."
Guidance for 2006
"Going into 2006," Mr. Williams stated, "we anticipate VITAS to
generate a revenue increase of 15% to 18%, increased admissions of
7% to 9% and continued expansion of EBITDA margins through the
leveraging of central support costs. This should result in VITAS
increasing its adjusted EBITDA margin approximately 60 to 80 basis
points.
"Roto-Rooter is estimated to generate a 5% to 6% increase in
revenue in 2006, with adjusted EBITDA margins averaging between
16% and 17%.
"Based upon these factors and an average diluted share count of
27.0 million, our expectation is that full-year 2006 earnings per
diluted share from continuing operations, excluding any charges or
credits not indicative of ongoing operations as well as excluding
any expense for stock options required under SFAS 123R, will be in
the range of $2.20 to $2.35."
Chemed Corp. operates VITAS Healthcare Corporation (VITAS), the
nation's largest provider of end-of-life care, and Roto-Rooter,
the nation's largest commercial and residential plumbing and drain
cleaning services provider.
* * *
As reported in the Troubled Company Reporter on Jan. 26, 2005,
Moody's Investors Service assigned a Ba2 senior implied rating to
Chemed Corporation's proposed credit facilities, and a Ba3 rating
to the Company's existing senior notes. Moody's also assigned an
SGL-1 liquidity rating to the Company. Moody's said the ratings
outlook is stable. This is the first time Moody's has assigned
ratings to Chemed Corp.
The ratings assigned:
* $140 Million Senior Secured Revolver maturing 2010 -- Ba2
* $85 Million Senior Secured Bank Debt maturing 2010 -- Ba2
* $150 Million 8.75% Senior Notes due 2011 -- Ba3
* Senior Implied -- Ba2
* Senior Unsecured Issuer Rating -- Ba3
* SGL -- 1
* Outlook -- Stable
As reported in the Troubled Company Reporter on Jan. 26, 2005,
Standard & Poor's Ratings Services raised its ratings on
Cincinnati, Ohio-based hospice, plumbing, and drain cleaning
services provider Chemed Corporation. The corporate credit rating
was raised to 'BB-' from 'B+', the senior secured debt rating to
'BB' from 'B+', and the senior unsecured debt rating to 'B' from
'B-'. At the same time, Standard & Poor's assigned a 'BB' rating
and a recovery rating of '1' to Chemed's new senior secured credit
facilities. These consist of an $85 million senior secured term
loan and a $140 million revolving credit facility, both due in
2010.
Standard & Poor's also revised its outlook on Chemed to stable
from negative.
CHEMTURA CORP: Focusing on Performance Chemicals Business
---------------------------------------------------------
Chemtura Corporation (NYSE: CEM) disclosed its organizational
changes geared towards placing greater focus on specific
businesses and functional areas.
Performance Chemicals will report directly to Robert L. Wood,
chairman and chief executive officer who believes that "direct
interaction with those business leaders will improve customer
focus and create better communication, accountability and delivery
of results." Myles S. Odaniell, former executive vice president of
Performance Chemicals, is leaving the company to pursue other
interests.
Robert B. Weiner, former executive vice president of Supply Chain
Operations, also is leaving the company to pursue other interests.
A replacement will be named in the near future.
Chemtura's Global Research & Development group, headed by John A.
Lacadie, will report to Gregory E. McDaniel, who has been promoted
to executive vice president, Strategy, New Business Development
and Technology. Mr. McDaniel will also have responsibility for
Industrial Water Treatment on an interim basis.
Global Customer Care and Logistics will report to Marcus Meadows-
Smith, executive vice president, Crop Protection and Consumer
Products.
Gary Yeaw has been promoted to executive vice president, Human
Resources and Communications, adding Communications and
Environmental, Health & Safety to his previous Human Resources
responsibilities.
Karen Osar, executive vice president and chief financial officer,
will take direct responsibility for Investor Relations, which has
been split out of the Communications group.
"We've made a number of organization changes to enable me to focus
more directly on our Performance Chemicals businesses, to align
our technology organization with our strategy and new business
opportunities, and to bring more customer-focused leadership to
Global Customer Care and Logistics," said Mr. Wood. "We believe
these changes will enable us to improve our performance and make
greater strides in achieving our financial and process excellence
goals.
"I want to thank Myles Odaniell and Bob Weiner for their
significant contributions to the transformation of Chemtura and
wish them great success in their future endeavors," said Wood.
Chemtura Corporation -- http://www.chemtura.com/-- is a global
manufacturer and marketer of specialty chemicals, crop protection
and pool, spa and home care products. Headquartered in
Middlebury, Connecticut, the company has approximately 7,300
employees around the world.
* * *
As reported in the Troubled Company Reporter on Sept. 26, 2005,
Moody's Investors Service affirmed the ratings of Chemtura
Corporation (Chemtura -- Corporate Family Rating of Ba1) and
changed the outlook on the company's ratings to negative from
stable. Specifically, Moody's affirmed these ratings:
* Corporate Family Rating -- Ba1
* Senior Unsecured Notes due 2012, $375 million -- Ba1
* Senior Unsecured Floating Rate Notes due 2010, $225 million
-- Ba1
* Senior Unsecured Notes, $260 million due 2023 and 2026 -- Ba1
* Senior Unsecured Notes, $10 million due 2006 -- Ba1
* Senior Unsecured Notes, $400 million due 2009 -- Ba1
As reported in the Troubled Company Reporter on July 7, 2005,
Standard & Poor's Ratings Services raised its ratings, including
the corporate credit rating to 'BB+' from 'BB-', on Chemtura Corp.
(fka Crompton Corp.). S&P said the outlook is stable.
COMDISCO INC: Makes Distribution to Contingent Rights Holders
-------------------------------------------------------------
Comdisco Holding Company, Inc. (OTC:CDCO) will make a cash payment
of $.0247 per right on the contingent distribution rights
(OTC:CDCOR), payable on Mar. 16, 2006 to contingent distribution
rights holders of record on Mar. 6, 2006. This distribution
relates to sharing amounts due contingent distribution rights
holders in conjunction with recent settlements from the Disputed
Claims Reserve of the Bankrupt estate of Comdisco, Inc. Comdisco
Holding Company has approximately 152.3 million contingent
distribution rights outstanding.
Effect on Common Stock
The plan of reorganization of the company's predecessor, Comdisco,
Inc., entitles holders of Comdisco Holding Company's contingent
distribution rights to share at increasing percentages in proceeds
realized from Comdisco Holding Company's assets after the minimum
percentage recovery threshold was achieved in May, 2003. The
amount due contingent distribution rights holders is based on the
amount and timing of distributions made to former creditors of the
company's predecessor, Comdisco, Inc., and is impacted by both the
value received from the orderly sale or run-off of Comdisco
Holding Company's assets and on the resolution of disputed claims
still pending in the bankruptcy estate of Comdisco, Inc.
As the disputed claims are allowed or otherwise resolved, payments
are made from funds held in a disputed claims reserve established
in the bankruptcy estate for the benefit of former creditors of
Comdisco, Inc. Since the minimum percentage recovery threshold
has been exceeded, any further payments from the disputed claims
reserve to former creditors of Comdisco, Inc. entitle holders of
contingent distribution rights to receive p