Feb. 12, 2003:
ZURICH, Switzerland ABB and its U.S. subsidiary Combustion Engineering (CE)
announced that they have agreed on a pre-packaged bankruptcy plan for CE with
representatives of asbestos plaintiffs, which the company says is a significant milestone
in the process to resolve CEs asbestos liability.
The agreement in principle on a pre-pack asbestos bankruptcy plan for CE was reached
with the proposed futures representative, David Austern, as well as with attorneys who ABB
and CE expect to act on behalf of a sufficient number of current claimants to approve the
plan. A trust, set up under the plan, will handle claims filed after a pre-packed Chapter
11 reorganization has been approved in court.
Once documentation on the agreement in principle has been completed, the plan is
subject to a vote by asbestos claimants. If sufficient claimants approve the pre-pack
Chapter 11 plan, it will be filed in bankruptcy court for final approval.
Under the agreement, the value of Combustion Engineering on the due date will be made
available for the payment of asbestos claims.
In addition, ABB agreed to provide an enhanced payment for the benefit of claimants in
the form of ABB stock and cash. The cash payments are to be made in pre-agreed
installments from 2004 to 2009.
These cash payments for CEs asbestos liability could total up to $350 million (in
U.S. dollars), comprised of $250 million that are not dependent upon ABBs future
performance and $100 million that are performance-related. An additional $50 million in
ABB stock will also be contributed.
With this agreement, CE and ABB are on schedule to file a pre-pack bankruptcy case in
court for CE before the end of February, aiming to provide final closure to the asbestos
problem to CE and all ABB affiliates, including ABB Ltd., says the company.