Auction Rescheduled to July 24; Creditors' Committee and Indenture Trustee Reach Accord With Delphi, GM, Platinum and Key DIP Lenders to Support Modified Plan; Delphi and PBGC Reach Settlement on PBGC Claims; U.S. Hourly Pension Plan Will Not Be Assumed by GM; Plan Modification Hearing to Commence July 29
TROY, MI -- (Marketwire) -- 07/21/09 -- Delphi Corp. (PINKSHEETS: DPHIQ) announced today
that as part of its efforts to facilitate further consensual discussions
among representatives of General Motors Company (GM), Platinum Equity,
Delphi's DIP Lenders and other stakeholders, the Bankruptcy Court for the
Southern District of New York has rescheduled the auction previously
scheduled for July 21, 2009 to Friday, July 24, 2009 and will now commence
the hearing on Delphi's Modified Plan on July 29, 2009. Delphi also
announced that agreements have been reached with its official unsecured
creditors' committee and Wilmington Trust Corporation, the indenture
trustee for several series of unsecured notes, to withdraw their objections
to, and support, the Modified Plan, whether based on the Master Disposition
Agreement involving Platinum and GM or the pure credit bid submitted by the
Administrative Agent on behalf of Delphi's DIP Lenders.
Delphi previously stated that the deadline for submission by qualified
bidders of potential alternative transactions passed without the submission
of any potential alternative transactions from three third-party qualified
bidders. Delphi will proceed with the auction process, however, because
the company timely received a pure credit bid notice and pure credit bid
support letter from JPMorgan Chase Bank, N.A., in its capacity as
administrative agent under the Amended and Restated Revolving Credit, Term
Loan and Guaranty Agreement dated as of May 9, 2008. The company expects
to announce the outcome of the auction process on or about July 27, 2009.
Accord Reached With Creditors' Committee and Indenture Trustee
On July 21, 2009, Delphi's Creditors' Committee and Wilmington Trust
Corporation, as Indenture Trustee, approved settlements with Delphi that
are also supported by GM, Platinum and several large holders of Delphi's
DIP credit facility. Pursuant to the accord, Delphi will further modify
its current plan modifications such that the potential distribution to its
unsubordinated general unsecured creditors under the waterfall schedule in
the Master Disposition Agreement will be increased from a maximum of $180
million to a maximum of $300 million and the distributions will based on
32.5% of all waterfall distributions in excess of $7.2 billion. Delphi
will also modify its existing Confirmation Order to provide that reasonable
fees and expenses of the Indenture Trustee, including the reasonable fees
and expenses of its retained counsel in the chapter 11 cases, will be paid
up to a maximum agreed cap. As part of the accord, the Creditors'
Committee and the Indenture Trustee have agreed to withdraw their
objections to Delphi's Plan Modification Motion and to support approval of
the Modified Plan. Earlier this week, as part of the voting reports filed
with the Bankruptcy Court in connection with Delphi's resolicitation of
certain creditor classes, it was reported that five impaired prepetition
classes of creditors had voted to accept the Modified Plan. Under the
Bankruptcy Code, at least one impaired non-insider class must accept the
Plan in order to move forward with the plan modification process.
Statement Regarding Delphi's Defined Benefit Pension Plans
In its June 1 filing of modifications to its Confirmed Plan, Delphi noted
that changed economic circumstances would no longer permit the company to
continue to fund its defined benefit pension plans for plan participants,
including retired, former and current hourly and salaried employees
following emergence from Chapter 11 reorganization.