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Appaloosa
Management has asked bankrupt auto parts maker Dana Corp
to terminate its court-approved $750 million rights agreement
for a private equity infusion led by Centerbridge Capital
Partners LP. Appaloosa owner of nearly 15 per cent
of Dana''s pre-bankruptcy stock as well as pre-petition
debt, objected to the deal.
Other
creditors were also unhappy with the rights offering.
As an alternative, Appaloosa has pushed an alternative
offering including a $1.5 billion exit loan and a commitment
for $750 million in equity financing.
In
a 17 August letter Appaloosa has filed with the Securities
and Exchange Commission (SEC), Chatham, New Jersey-based
hedge fund has asked Dana''s board to terminate its rights
agreement, or at least to make it inapplicable to shareholders
seeking an alternative to management''s present plan.
Dana''s
deal with Centerbridge includes a commitment to buy $300
million of 4 per cent Series A convertible preferred stock
and $200 million in 4 per cent Series B-1 convertible
stock that isn''t acquired by creditors. It also requires
Dana to replace its healthcare and long-term disability
obligations for retirees and union-represented employees
with trusts.
The
auto parts maker would put up $700 million in cash and
$80 million in common stock as well as part of
the Centerbridge capital to fund those trusts.
Dana
filed for bankruptcy protection in March 2006 in the US
Bankruptcy Court for the Southern District of New York.
The company hopes to file its plan of reorganization by
early September and exit Chapter 11 in the first half
of 2008.
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