8th
April 2008 -
Delphi Comments on
Plan of Reorganization Closing Efforts
Delphi
announced on 4 April 2008 that although it has met the conditions
required to substantially consummate its First Amended Joint Plan of
Reorganization, including obtaining $6.1 billion of exit financing,
Delphi's plan investors refused to participate in a closing that was
commenced but not completed earlier today and refused to fund their
investment agreement with the Company. Instead, the Plan Investors
delivered a written notice purporting to terminate the Equity Purchase
and Commitment Agreement and alleged breaches of the EPCA that the plan
investors assert would entitle them to payment of additional
compensation under the EPCA from Delphi.
"Our formal closing process commenced today, and
all of the other required parties for a successful closing and emergence
from Chapter 11 -- including representatives of our new exit lenders,
General Motors Corporation and our Joint Statutory Committees -- were
present and prepared to move forward this morning," said John Sheehan,
Delphi vice president and chief restructuring officer. "We are extremely
disappointed that our Plan Investors have taken the position that they
are not obligated to fund their plan investment commitments to Delphi
and instead have chosen to walk away from the company and its
stakeholders. We are prepared to pursue actions that are in the best
interests of Delphi and its stakeholders. These actions will be overseen
by a committee of our Board of Directors, and will not impact the
successful operation of the company. We are very appreciative of the
strong financial support from our exit financing lenders and GM, and we
look forward to continuing to work with them and our other stakeholders
as we move forward with our goal of emerging from Chapter 11 as soon as
practicable."
The $6.1 billion in exit facilities that were made
available to the company in connection with today's closing were
successfully arranged by J.P. Morgan Securities, Inc. and Citigroup
Global Markets, Inc., in accordance with prior orders entered by the
United States Bankruptcy Court for the Southern District of New York.
The Plan Investors that did not fund the investment of up to $2.55
billion in preferred and common equity under the Equity Purchase and
Commitment Agreement agreed to in 2007 include affiliates of lead
investor Appaloosa Management L.P.; Harbinger Capital Partners Master
Fund I, Ltd.; Merrill Lynch, Pierce, Fenner & Smith Inc.; UBS Securities
LLC; Goldman Sachs & Co.; and Pardus Capital Management, L.P.
"We have accomplished the commitments in our
restructuring plan," said Delphi CEO and President Rodney O'Neal. "We
are proud of the fact that we have never disrupted our customers'
operations during this reorganization. We also have kept the pipeline
full of exciting technologies and products to meet the challenges facing
our customers -- to make vehicles safer, greener and more connected to
consumers' lives than ever before."
Delphi's transformation initiatives include:
"While our Plan Investors' actions are very
disappointing, it is important that we clearly distinguish their actions
from the company's achievement of its transformation objectives," O'Neal
said. "Our unwavering commitment to our customers, suppliers, employees
and other stakeholders will remain at the forefront as we move forward
with our Chapter 11 cases, and we are committed to emergence as soon as
practicable."
Source:
Delphi Press Release