Delphi Files Modifications to First Amended Plan of Reorganization
Market Wire, October, 2008
Delphi Corp. (PINKSHEETS: DPHIQ) today announced it will file modifications to its confirmed First Amended Joint Plan of Reorganization and related modifications to its First Amended Disclosure Statement with the U.S. Bankruptcy Court for the Southern District of New York later today. Copies of these documents, which remain subject to approval by the Bankruptcy Court as part of the reorganization plan modification process, will be posted on www.delphidocket.com later today.
"Having substantially achieved all of the objectives identified in our 2006 transformation plan, today's filing represents a significant step that positions Delphi to move forward with the remaining elements of our Chapter 11 proceedings," said Rodney O'Neal, Delphi CEO and president.
Proposed modifications to the Confirmed Plan being filed today are outlined below:
Confirmed Plan Modified Plan
------------------------------ ------------------------------
Plan Investor Plan Investors' commitment to No plan investors
invest up to $ 2.55 billion
------------------------------ ------------------------------
Rights $ 1.75 billion discount $ 1.0 billion discount rights
Offering rights offering offering
------------------------------ ------------------------------
Net Funded $ 4.7 billion $ 2.75 billion
Debt
------------------------------ ------------------------------
Revolver $ 1.4 billion Up to $ 1.2 billion
------------------------------ ------------------------------
Total Agreed plan value of $ 12.8 $ 7.2 billion
Enterprise billion
Value
------------------------------ ------------------------------
Section $ 1.5 billion The 414(l) Transfer was
414(l) approved as part of the
Transfer Amended GSA, which became
effective on Sept. 29, 2008
and is no longer a term of the
Modified Plan. The transfer of
approximately $ 2.2 billion in
net unfunded liabilities was
effective on Sept. 29, 2008;
the transfer of approximately
$ 1.0 billion of additional
net unfunded liabilities is to
occur upon consummation of the
Modified Plan
------------------------------ ------------------------------
GM $ 4.073 billion Approximately $ 2.095 billion
consisting of: consisting of:
- $ 1.073 billion (in - An allowed administrative
liquidation amount) in claim of $ 2.055 billion,
junior preferred which will be satisfied with
securities non-voting convertible
preferred stock (subject to
- $ 1.5 billion, of which certain provisions under
least $ 750 million will be which value may be allocated
in Cash and the remainder to unsubordinated general
will be in a second lien unsecured creditors)
note with market terms
- $ 1.5 billion in - An allowed general unsecured
connection with the claim in the amount of $ 2.5
effectuation of the billion, which will be
414(l) assumption subordinated to the claims of
other unsecured creditors
until such creditors achieve
a 20% recovery
------------------------------ ------------------------------
Unsecured Par plus accrued recovery at - Approximate 38.8% recovery
Creditors plan value of $ 12.8 billion for allowed general unsecured
consisting of: claimholders (excluding
TOPrS Claims):
- 78.6% in new common stock
at plan equity value - Approximate 20% recovery
in the form of new common
- 21.4% through pro rata stock at plan equity value
participation in discount
rights offering at a 35.6% - 18.8% through pro rata
discount from plan equity participation in Discount
value Rights Offering at a 40%
discount from plan equity
- TOPrS Claims included in value
General Unsecured class
with Senior Notes, trade - TOPrS Claims included in
claims, and SERP claims General Unsecured class with
Senior Notes, trade
claims, and SERP claims,
however, distributions on
account of TOPrS Claims
will be reallocated and
redistributed due to the
contractual subordination
provision of the indenture
governing the TOPrS Claims
------------------------------ ------------------------------
Postpetition Postpetition Interest to be No Postpetition Interest
Interest paid on certain General
Unsecured Claims
------------------------------ ------------------------------
Equity Direct grant of new common Opportunity to participate in
stock of $ 28 million and Post-Emergence Rights Offering
Warrants valued at $ 321 through which new common stock
million in the aggregate, will be offered at a discount
plus the opportunity to (valued at approximately $ 100
participate in a Par Value million), the proceeds of
Rights Offering which will be used to redeem
up to 25% of the preferred
stock issued to GM
------------------------------ ------------------------------
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