Delphi
said these developments are not expected to prevent the company from filing its
plan of reorganisation and related documents with the bankruptcy court before
the current expiration of the company''s exclusivity period or emergence from Chapter
11 reorganisation this year.
Delphi
filed a motion on June 29 seeking bankruptcy court approval of a ratified Delphi-GM
agreement with the United Auto Workers (UAW). Delphi is currently engaged in settlement
discussions with its second and third largest US labor unions and is working to
conclude discussions with those unions as well as three smaller unions as soon
as possible.
The
company also confirmed that its discussions with GM on a comprehensive settlement
agreement had entered the documentation phase and that it expected a settlement
with GM to be incorporated into the company''s plan of reorganization.
Last
month, UAW members approved a deal that allows some plant closings, keeps others
open and cuts wages for longtime workers from around $27 per hour to a pay range
for everyone that runs from $14 to $18.50.
GM
would subsidise the wages and pay other costs for longtime employees under the
deal, and it also will operate or find a third party to run several Delphi plants.
The UAW is Delphi''s largest union, representing 17,000 of its 20,000 US hourly
workers.
Delphi
said it is working to conclude negotiations with its remaining unions as quickly
as possible. About 3,000 Delphi workers are represented by other unions.
Delphi
cautioned that nothing in Court or regulatory filings made by the company or the
company''s public disclosures shall be deemed a solicitation to accept or reject
a plan in contravention of the bankruptcy code or an offer to sell or a solicitation
of an offer to buy any securities of the company.
Delphi
was spun-off from General Motors on May 28, 1999. On October 8, 2005, Delphi filed
for Chapter 11 bankruptcy, following which the Securities and Exchange Commission
granted an application by the New York Stock Exchange to delist Delphi''s common
stock and bonds.
Delphi
manufactures the MagneRide suspension dampers, which use ferrofluid to adjust
the damping rate of the shock absorbers based on road conditions, to offer an
effective compromise between ride and handling. These can be found on the Audi
R8, Audi TT, Chevrolet Corvette C5, Cadillac Seville STS and Ferrari 599.
Cerberus
and other equity firms, including Appaloosa Management and Harbinger Capital,
had agreed in December to buy Delphi for $3.4 billion and planned to bring it
out of bankruptcy in the first half of this year. Delphi picked the Cerberus-led
bid over a competing offer of $4.7 billion made by Highland Capital Management.
Cerberus, which
is based in New York and headed by the financier Stephen A. Feinberg,
is expected to close this month on its purchase of 80.1 per cent of Chrysler for
$7.4 billion. Cerberus also holds a majority stake in GM''s financing arm, the
General Motors Acceptance Corporation, and has a pending deal to buy the assets
of the bankrupt supplier Tower Automotive for $1 billion.