alcuni aspetti dei primi docket sono interessanti, se si vuole cercare di capire come si potrebbe muovere l'amministrazione anche nel caso sia necessario ricorrere alla procedura per GM.
ad esempio, ecco confermato che i fornitori la fanno franca:
The Debtors, therefore, seek authority
to pay the prepetition claims of the
Essential Suppliers, in their sole discretion, to the extent such payment is permitted by, and
consistent with the terms of the Debtors' proposed postpetition financing facility (the "DIP
Financing Facility").8 Given the scope of the Debtors' operations, and the importance of
preserving the supplier body to consummate a Sale Transaction on a going concern basis, the
Debtors submit that the exercise of such authority would be a reasonable and appropriate
expenditure of estate funds.
The Debtors purchased nearly $25.9 billion in production parts from their
domestic Direct Production Part Suppliers in 2008. The Debtors estimate that, as of the Petition
Date, the aggregate amount of prepetition claims held by
Direct Production Part Suppliers is
approximately $1.71 billion.
34. Indirect Suppliers. A substantial number of suppliers (collectively,
the "Indirect Suppliers") provide the Debtors with services and goods that, while not directly
incorporated into the Debtors' vehicles, are nevertheless indispensable to the production of such
vehicles (e.g., perishable tools, maintenance materials such as lubricants and gasoline required to
power, utilize and maintain the Debtors' equipment and machinery, maintenance and repair
services, services related to the Debtors' engineering and research and development efforts). The
constant need to repair the Debtors' machinery and equipment and the non-"catalogue" nature of
many of the perishable items used by the Debtors while operating, among other things, will
require renewed access to the goods and services provided by the Indirect Suppliers upon the
recommencement of the Debtors' operations.
35. The Debtors estimate that they paid approximately $3.3 billion to Indirect
Suppliers in 2008. The Debtors estimate that, as of the Petition Date, the aggregate amount of
prepetition claims held by Indirect Suppliers
was approximately $600 million.
ricordo che tutti questi pagamenti riducono, nella pratica, il recovery dei creditori...
interessante come pensano di agire:
As the culmination of these efforts, Chrysler, Fiat and New Chrysler (as
defined below) have reached an agreement in principle and are expected to entered into a Master
Transaction Agreement (collectively with other ancillary and supporting documents,
the "Purchase Agreement") in short order. Pursuant to the Purchase Agreement, among other
things: (a) Chrysler will transfer the majority of its operating assets to New CarCo Acquisition
LLC ("New Chrysler"), a newly established Delaware limited liability company that currently is
an indirect wholly-owned subsidiary of Fiat; and (b) in exchange for those assets, New Chrysler
will assume certain liabilities of Chrysler and
pay to Chrysler $2 billion in cash (collectively
with the other transactions contemplated by the Purchase Agreement, the "Fiat Transaction").
13. With the support of the U.S. government, Fiat, the UAW, dealers,
suppliers and other stakeholders, the Debtors commenced these cases to implement an
expeditious sale process to implement the Fiat Transaction, or a similar transaction with a
competing bidder, designed to maximize the value of the Debtors' operations and businesses for
the benefit of their stakeholders. Pending the proposed sale,
the Debtors will idle most
operations as they conserve their resources, while at the same time ensuring that (a) the facilities
are prepared to resume normal production schedules quickly upon the completion of a sale and
(b) consumers are not impacted by the filing.
la vendita avrà un "ricavo" di 2 bilioni... cifra interessante e forse maliziosa....
per mettere un po' di pepe sotto il rispettabile fondoschiena del giudice, una bella serrata, che renderà indispensabile fare la vendita "alla Lehman", in fretta e furia o si apre un grosso problema sociale di scomparsa di posti di lavoro....
