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To: altair19 who wrote (158124)1/14/2009 12:56:20 PM
From: stockman_scott  Respond to of 361936
 
Nortel Files for Bankruptcy, Victim of Falling Sales (Update5)

By Bob Van Voris and Linda Sandler

Jan. 14 (Bloomberg) -- Nortel Networks Corp., North America’s biggest maker of telephone equipment, filed for bankruptcy protection in the U.S., a victim of the global credit crunch and declining sales.

Nortel, based in Toronto, had more than $1 billion in assets and debt, according to a Chapter 11 filing of its U.S. subsidiary today in Wilmington, Delaware. Fourteen affiliates of Nortel’s financing unit are seeking similar protection in Delaware. Five units filed for bankruptcy there under Chapter 15. Nortel said Canadian affiliates also will seek protection.

“It’s the end of a saga,” said Benoit Lalonde, vice president of fixed income at Laurentian Bank Securities, a unit of Canada’s seventh-largest bank. Laurentian doesn’t own Nortel debt. “Nortel is a corpse awaiting burial. I’m sad to see it happen but the tears were shed many months ago.”

Nortel has lost almost $7 billion since Chief Executive Officer Mike Zafirovski took over in 2005, leaving him struggling for funds to operate the company. Bank of New York Mellon Corp. was listed as its largest unsecured creditor in its role as trustee on more than $3.8 billion in notes. Export Development Canada is owed $186.7 million and will provide as much as $30 million in reorganization financing for 30 days.

“If they’re going to go, it’s better to go now,” said Richard Windsor, a global technology specialist at Nomura International Plc in London. “It would imply the company is unable to stabilize the cash flow situation.”

Declining Sales

Sales have declined since Nortel sold its high-speed mobile-phone unit to Alcatel for $320 million in 2006. The company got rid of the division to focus on a newer wireless technology called WiMax.

As of Sept. 30, Nortel’s debt amounted to $6.3 billion, including adjustments for operating leases, pension deficits and other items. The company has $1 billion in bonds that come due in 2011. Total liabilities amounted to almost $12 billion.

Nortel Networks said in its chapter 11 filing that it has more than 25,000 creditors and expects to make a distribution to those creditors that are unsecured. Nortel Networks Capital has more than 100 creditors owed $100 million to $500 million, according to court papers. Units of Singapore-based Flextronics International Ltd. are owed more than $50 million.

Canadian Filings

“The global financial crisis and recession have compounded Nortel’s financial challenges,” the company said in a statement today. The recession “directly impacted” its ability to complete a turnaround begun in late 2005, it said. The company said its day-to-day operations won’t be affected by the filing.

Nortel said it was also seeking protection under Canada’s Companies’ Creditors Arrangement Act. The application is scheduled to be heard today in the Ontario Superior Court of Justice in Toronto, the company said.

The Nortel affiliates that filed under Chapter 15 of the U.S. bankruptcy code did so because the provision helps companies with cross-border operations reorganize partly in the U.S. It allows foreign petitioners to fend off U.S. creditors while reorganizing at home.

Nortel affiliates in Asia, the Caribbean and Latin America, and Nortel’s Government Solutions unit aren’t involved in today’s filings, according to the company.

“This process will allow Nortel to deal decisively with its cost and debt burden, to effectively restructure its operations and to narrow its strategic focus in an effective and timely manner.”

Restrict Trading

Nortel said in the statement that it will ask the courts to restrict trading by investors owning at least 4.75 percent of its common stock or any series of preferred shares of Nortel Networks Limited.

Nortel is represented by lawyers from Cleary Gottlieb Steen & Hamilton in New York and Morris Nichols Arsht & Tunnell of Wilmington. Lazard Freres & Co. LLC is restructuring adviser.

The company paid a $35 million fine in 2007 to settle U.S. Securities and Exchange Commission claims that it defrauded investors by manipulating earnings from 2000 to 2003. The company didn’t admit or deny wrongdoing.

Nortel restated earnings going back to 1999 after probes by regulators in 2004 indicated executives incorrectly booked revenue, inflating sales figures by $3.4 billion.

Zafirovski had sought to revive Nortel’s fortunes by cleaning up the balance sheet and reducing the workforce by 18 percent since he started. Demand for Nortel’s gear, mainly based on older code division multiple access technology, has waned as customers move to faster systems.

‘Sound Financial Footing’

“Nortel must be put on a sound financial footing once and for all,” Zafirovski said in today’s statement. “These actions are imperative so that Nortel can build on its core strengths.”

Money markets in the U.S. seized up following the Sept. 15 failure of the securities firm Lehman Brothers Holdings Inc. Banks stopped lending as they hoarded cash, pushing the country into a deeper recession. That’s making it more difficult, and more expensive, for companies like Nortel to find new financing.

The company could sell the CDMA unit to raise money, RBC analyst Mark Sue said in a report in November. The challenge is that too many asset sales may conflict with Nortel’s debt covenants, said Sue, who cut his target on the stock to $0.

Nortel began as Northern Electric and Manufacturing in 1895, supplying equipment for Canada’s start-up telephone system. The company was the first to produce dial equipment in the country, for a brewery in Montreal, and its switches were used in the first Trans-Canada telephone toll system in 1932, according to Nortel’s Web site.

U.S. Stock

Nortel’s U.S. stock reached a split-adjusted high of almost $900 in 2000 as the dot-com boom fueled demand for telephone equipment. Since then, the company lost out to Cisco and Juniper Networks Inc., whose products enabled telephone companies to transmit phone signals over Internet lines.

The plunge in the shares prompted a series of lawsuits, with investors accusing Nortel of perpetrating a $3.2 billion accounting fraud that included improperly boosting sales by accelerating the booking of fiber-optic equipment contracts. Nortel fired CEO Frank Dunn and other executives as a result.

The company agreed in February 2006 to pay $575 million in cash and issue 62.9 million shares to settle the suits, and Nortel’s insurers agreed to pay $243 million. The settlements won approval Dec. 26, 2006, in New York and a month later in Canada.

Federal Police

Last year, Canadian federal police charged Dunn, former Chief Financial Officer Douglas Beatty and former Controller Michael Gollogly with fraud for misstating results in 2002 and 2003. They also were charged with accounting fraud by the U.S. Securities and Exchange Commission and the Ontario Securities Commission. Dunn is fighting the charges and suing for wrongful dismissal, according to his counsel, McCarthy Tetrault.

The case is Nortel Networks Capital Corp., U.S. Bankruptcy Court for the District of Delaware (Wilmington).

To contact the reporters on this story: Bob Van Voris in New York at rvanvoris@bloomberg.net and; Linda Sandler in New York at lsandler@bloomberg.net;

Last Updated: January 14, 2009 10:50 EST



To: altair19 who wrote (158124)1/14/2009 4:50:51 PM
From: stockman_scott  Read Replies (1) | Respond to of 361936
 
Rattner as Car Czar Probably Wouldn’t Be an Iacocca (Update1)

By John Hughes and Katie Merx

Jan. 14 (Bloomberg) -- Steven Rattner, who may become the U.S. car czar, would bring with him the financial savvy amassed during almost 25 years of deal-making.

What he wouldn’t bring is experience running an industrial company or building automobiles, and that bothers some analysts of Detroit’s woes.

“What the industry needs is a combination of two kinds of people: Lee Iacocca and Jack Welch,” said Gerald Meyers, a business professor at the University of Michigan in Ann Arbor. “This guy doesn’t seem to be either, so I’m worried.”

Rattner, co-founder of private-equity firm Quadrangle Group LLC, may be named by President-elect Barack Obama to oversee the restructuring of the U.S. auto industry, two people familiar with the matter said yesterday. The new administration hasn’t extended an offer yet, the people said.

The question of who becomes the so-called czar is critical to General Motors Corp. and Chrysler LLC, which last month got government pledges for as much as $17.4 billion in emergency loans to stave off bankruptcy. In return, they would subject their ideas for revamping operations, cutting costs and becoming financially viable to the approval of Washington.

Iaccoca led Chrysler back from the brink of bankruptcy after it received U.S. aid in the 1980s. Welch is the retired chief executive of General Electric Co.

The industry’s preference for an overseer with a mastery of its workings and culture was voiced by Bill Ford, executive chairman of Ford Motor Co., on Jan. 11 at a dinner with reporters covering the North American International Auto Show in Detroit. “It would be really helpful to have somebody in there who would take the time to have a deep understanding of our industry,” Ford said.

Not Seeking Aid

The company has said that it isn’t seeking government aid, at least for now. Ford spokesman Mike Moran declined to comment on Rattner yesterday.

“I’ve read about Rattner, as well as others, but I simply don’t know if there’s any merit to any of these people being actually considered,” Fritz Henderson, GM’s chief operating officer, said yesterday. He said the company hadn’t heard that Rattner was a possible choice.

GM’s 8.375 percent bonds due in July 2033 fell 1.5 cents to 18.5 cents on the dollar, yielding 45.3 percent yesterday, according to Trace, the bond-pricing service of the Financial Industry Regulatory Authority. The bonds have lost three quarters of their value in a year.

Chrysler Can’t Comment

“We cannot comment on any potential appointees,” said Shawn Morgan, a Chrysler spokeswoman, in an e-mail.

A spokesman for Rattner declined to comment, as did Jen Psaki, a spokeswoman for Obama’s transition office.

The United Auto Workers union, which faces negotiations with the automakers as they seek lower labor costs, didn’t respond to an e-mail seeking comment.

The 56-year-old Rattner started Quadrangle, an investment firm focused on media deals, in 2000, with three of his colleagues from what was then Lazard Freres & Co.

A former New York Times reporter, Rattner started Morgan Stanley’s media acquisitions group in 1984, where he worked with clients such as Comcast Corp. He moved to Lazard in 1989, where his group won assignments including the $11.5 billion sale of McCaw Cellular Communications Inc. to AT&T Corp. in 1994.

Private-equity firms pool money from investors such as pension funds and endowments and use those funds, usually along with debt, to buy companies. While they own them, they typically look for ways to improve profits through cutting costs or boosting sales, selling the companies or taking them public for a profit several years later.

Rattner’s Skills

Those skills may make Rattner a better choice than his critics think, said Steven Kaplan, a professor at the University of Chicago Booth School of Business who teaches about private equity.

“Private equity investors are good at negotiating and they’re very good at restructuring,” Kaplan said. “If you’re a good private-equity investor, it’s not crazy to think you’d be good at this job.”

Treasury Secretary Henry Paulson is in effect the car czar now, overseeing administration of the loans, until Obama takes office and puts his own person in place.

House Financial Services Chairman Barney Frank, a Massachusetts Democrat, proposed legislation Jan. 9 to create a “designee” to oversee the program without requiring that the job be housed in the Treasury Department.

Czar Idea Flawed

The very idea of a car czar is flawed, said Louis Lataif, dean of Boston University’s School of Management.

It is “hopelessly naïve that one person, however brilliant, is going to sit in Washington and make the car companies something they are not,” said Lataif, a former Ford executive. “To be determining strategic priorities of the companies is really a stretch.”

U.S. Senator Bob Corker, a Tennessee Republican who tried to broker compromise legislation on the bailout that failed in the Senate, said he also opposes the notion.

“I’ve never really been in favor of the idea of a car czar,” Corker said while touring the North American International Auto Show in Detroit yesterday. “Companies have boards to direct them.” He said he hadn’t heard of Rattner and had no opinion on him.

Chrysler’s majority ownership by private-equity firm Cerberus Capital Management LP may raise conflict-of-interest questions for Rattner. Cerberus is among the lenders to Alpha Media Group Inc., one of Quadrangle’s holdings.

Alpha, publisher of magazines such as Maxim, is working with its creditors on a potential restructuring involving a $125 million loan from financiers including Cerberus.

Auto Sales Fall

U.S. automakers are struggling after domestic sales last year fell to 13.2 million units, the lowest level since 1992. GM, the biggest U.S. automaker, and No. 3 Chrysler had said they would run out of operating funds as soon as last month without the aid. President George W. Bush stepped in after Senate Republicans refused to take up a House-passed rescue.

The automakers have until March 31 to meet the conditions of the loans, including demonstrating they have a plan to become profitable, or be forced to repay. A progress report to the Treasury Department is due Feb. 17.

Quadrangle Asset Management handles the personal and philanthropic finances of New York Mayor Michael Bloomberg, the founder and majority owner of Bloomberg LP, the parent company of Bloomberg News.

-- With reporting by Jason Kelly in New York and Keith Naughton in Detroit. Editors: Larry Liebert, Joe Winski

To contact the reporter responsible for this story: John Hughes in Washington at jhughes5@bloomberg.net

Last Updated: January 14, 2009 09:29 EST



To: altair19 who wrote (158124)1/14/2009 7:44:27 PM
From: stockman_scott  Read Replies (1) | Respond to of 361936
 
Apple’s Steve Jobs Takes Medical Leave; Shares Plunge (Update3)

By Connie Guglielmo

Jan. 14 (Bloomberg) -- Apple Inc. Chief Executive Officer Steve Jobs, who said this month that he is being treated for a nutritional ailment, will take a medical leave of absence through the end of June. The shares fell 6.4 percent.

Chief Operating Officer Tim Cook, who filled in during Jobs’s 2004 medical leave, has taken over Apple’s day-to-day operations, the Cupertino, California-based company said today in a statement. Jobs said he will remain involved in major strategic decisions.

“During the past week I have learned that my health- related issues are more complex than I originally thought,” Jobs said in the statement. “In order to take myself out of the limelight and focus on my health, and to allow everyone at Apple to focus on delivering extraordinary products, I have decided to take a medical leave of absence.”

Jobs’s disclosure adds to concern that he may not be able to continue running the company he co-founded in 1976. After being ousted in the 1980s, he retuned as CEO in 1997 and overhauled Apple, leading the company into the consumer- electronics market with the iPod and iPhone. Analysts and investors have raised questions about Jobs’s health since his surgery for a rare form of pancreatic cancer in 2004.

“The part I find most troublesome is the health issues being more complex than they thought at first,” said Romeo Dator, a portfolio manager for U.S. Global Investors Inc. in San Antonio. “With the markets already nervous, a visionary founder and leader of a company taking a leave of absence is not good news.”

Shares Plunge

Apple fell $5.48 to $79.85 in extended trading after closing at $85.33 on the Nasdaq Stock Market. They slumped 57 percent in 2008.

“You almost have to start thinking that there’s a higher likelihood that he’s not coming back in June,” said Chuck Jones, an analyst with Atlantic Trust Private Wealth Management in San Francisco, which owns Apple’s shares. “It’s potentially an extremely unfortunate personal situation.”

Apple spokesman Steve Dowling declined to comment and said Cook and Apple’s board members aren’t available for interviews.

If Jobs were to leave Apple, the shares would likely lose 10 percent of their value, Gene Munster, an analyst at Piper Jaffray & Co. in Minneapolis, said this month.

‘Distraction’

“Unfortunately, the curiosity over my personal health continues to be a distraction not only for me and my family, but everyone else at Apple as well,” said Jobs, who turns 54 next month.

Jobs said earlier this month that he is suffering from a nutritional ailment and that he planned to remain Apple’s CEO during his treatment. He said he’d been losing weight throughout 2008 and that the reason was a mystery to him and his doctors.

“After further testing, my doctors think they have found the cause -- a hormone imbalance that has been ‘robbing’ me of the proteins my body needs to be healthy,” Jobs wrote in the Jan. 5 letter, addressed to the Apple Community.

Although he has started treatment, Jobs said last week that his doctors advised him it may take until at least late spring to regain weight. He said he was getting “simple and straightforward” treatment for a hormone imbalance that his doctors had discovered in recent weeks.

Macworld Appearance

Last month, Apple said Jobs wouldn’t deliver the keynote address at the Macworld Expo conference in San Francisco -- ending an 11-year run and renewing speculation about his health. Jobs, wearing his trademark black turtleneck and blue jeans, has used the Macworld show to unveil new products, including the iPhone in 2007. Jobs didn’t appear at the show.

Speculation among analysts and investors about Jobs’s health resurfaced last June after he appeared thinner at Apple’s conference for developers. The company said at the time that he was suffering from a “common bug” and declined to discuss his health throughout 2008, saying it was a private matter. Rumors persisted as he continued to appear frail at company events later in the year.

Jobs told members of Apple’s board in July he is cancer- free and was dealing with nutritional problems after his surgery, the New York Times reported at the time, citing people close to Jobs.

In 2004, Jobs said that he underwent surgery to remove a neuroendocrine islet cell tumor that was growing in his pancreas. Neuroendocrine islet cell tumors are found in about 2,000 to 3,000 people in the U.S. annually, according to pancreatica.org, a pancreatic cancer information Web site maintained by the Lorenzen Cancer Foundation in Monterey, California.

‘Irreplaceable’

“He’s irreplaceable,” said Piper Jaffray’s Munster. He recommends investors buy Apple’s shares and doesn’t own any. “Once you’ve accepted that, then the best thing for the company to do is highlight other talent.”

Cook, 48, first came up as a possible heir to Jobs in August 2004 when he led Apple during Jobs’s monthlong leave to recuperate from cancer surgery. His position as Jobs’s second- in-command was cemented in November 2005, when he was promoted to operating chief.

Apple has said it has a confidential succession plan.

In March, Jobs said that Apple’s board, which includes former U.S. Vice President Al Gore and Google CEO Eric Schmidt, could look at Apple’s current management team for his replacement.

“Our board of directors fully supports this plan,” Jobs said today. “I look forward to seeing all of you this summer.”

To contact the reporter on this story: Connie Guglielmo in San Francisco at cguglielmo1@bloomberg.net

Last Updated: January 14, 2009 18:35 EST



To: altair19 who wrote (158124)1/15/2009 12:59:50 AM
From: stockman_scott  Read Replies (1) | Respond to of 361936
 
Apple Without Its Core?

businessweek.com

January 14, 2009, 10:49PM EST

Steve Jobs' medical leave comes at a time when Apple is well-positioned, but no one can fill his many roles

By Peter Burrows

When Apple (AAPL) CEO Steve Jobs went back to work in 2004 after surgery for pancreatic cancer, he was asked in an interview with BusinessWeek about the significance of his role at the company. First he joked about being "head janitor," but then turned serious. "Ultimately, there needs to be some gravitational force that pulls it all together," he said. "Otherwise, you can get great pieces of technology all floating around the universe, but it doesn't add up to much."

The question now is whether Apple is losing its gravitational force. On Jan. 14, the 53-year-old Jobs said he will take a medical leave of absence through June. "My health-related issues are more complex than I originally thought," he said in a public statement. Within minutes of the news, Apple shares dropped 10%.

The fear is that Jobs may never return—and Apple won't be the same company without him. Jobs was kicked out of the company in 1985. By the time he came back in 1996, Apple was on the verge of bankruptcy. "What is an Apple that doesn't have that charismatic figure?" says analyst James L. McQuivey of Forrester Research (FORR).

Jobs plays many roles at the company. He's the perfectionist who pushes his team to create elegant, iconic products. He's the marketing guru who took technology advertising mainstream, with the Orwellian ad that introduced the Mac in 1984 and most recently with the "I'm a Mac" ads. And he's the master of the keynote address, capable of drawing unmatched publicity for Apple's latest products.

The CEO exerts far-reaching control through his weekly Monday management sessions. With a handful of executives, he makes decisions large and small, from whether to enter a new market to what color marble to use in a new Apple retail store.

His greatest value to Apple may be the influence he has with employees and outsiders. Only Jobs is capable of convincing the 32,000-person company that it can wade into new business—like music or cell phones—and rewrite the rules of competition. While mobile-phone rivals produce dozens of models designed to meet the needs of various consumers, he came out with a single iPhone—and took a big chunk of the business. He also persuaded AT&T and other wireless operators to give up control over what software can be installed on the iPhone, giving Apple the opportunity to distribute new applications for the device.

In the PC business, Jobs has steadfastly refused to lower prices in line with the rest of the industry. Instead, by focusing on quality, Apple has lifted margins and market share at the same time. Jobs says his approach comes from his long history with personal computers. "Look, I was very lucky to have grown up with this industry," he said in that previous interview. "I did everything in the early days—sweeping the floors, buying chips, you name it. I put computers together with my own two hands."

Jobs is leaving his day-to-day duties to Tim Cook, Apple's well-respected chief operating officer. And investors may be reassured that the CEO is taking his leave at a time when Apple looks well-positioned for the next few years. But the company can't live off its existing products forever. "It makes you wonder whether the Apple of the future is one that can't make dramatic leaps," says Forrester's McQuivey.

*Peter Burrows is a senior writer for BusinessWeek, based in Silicon Valley.



To: altair19 who wrote (158124)1/15/2009 1:17:14 AM
From: stockman_scott  Read Replies (1) | Respond to of 361936
 
39 HOURS BELOW ZERO?
_______________________________________________________________

Chicago's coldest winter in 8 years will be getting even colder
By Tom Skilling
The Chicago Tribune
6:29 PM CST, January 14, 2009

Winter 2008-09—the coldest in 8 years—is to turn brutally cold the remainder of the workweek once snow exits Wednesday. Temperatures drop below zero Wednesday night and may remain there through Friday morning, producing what could be a 39 consecutive-hour stretch of subzero temperatures over many parts of the area. Only in the Loop and near Lake Michigan may the mercury struggle to zero (or just above) for a brief period Thursday—though that's not guaranteed.

A full calendar day hasn't failed to officially record an above zero temperature in Chicago since Feb. 3, 1996, when the high was 5 degrees below zero and the low was minus 19.

The snow Wednesday—the 26th day with measurable snow this season—is the product of the latest Alberta Clipper. With the storm system's center tracking to Chicago's south, winds just above the surface may take on an easterly component, blowing off the lake for several hours Wednesday afternoon and producing lake snow in addition to the system's 4 inch snowfall.

21st coldest winter of past 139 years

Chicago's 22.4 average temperature since Dec. 1 is 7 degrees colder than the same period a year ago.

Copyright © 2009, Chicago Tribune