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Nortel plan far from complete: filing
Restructuring plan 'will take some time,' but more layoffs likely; annual meeting expected to be postponed
By Bert Hill, The Ottawa CitizenFebruary 10, 2009
Employees of Nortel Networks likely will have to wait several more weeks to find out if their jobs will survive efforts to save the insolvent company.
And shareholders will have to wait much longer to put questions to management because an annual general meeting will likely be postponed.
The first report to Canadian courts supervising the bankruptcy protection of Nortel Networks dashes hopes for quick answers.
Nortel and the court-appointed monitor, Ernst & Young, are asking the court to extend an order that stops creditors from suing for unpaid debts until May 1.
The report also shows that Nortel did better than expected financially in the first three weeks of court protection, but losses will rise in the next three months.
In a report to the Ontario Superior Court of Justice, the monitor said Nortel is working on plans with Lazard, a New York investment house, to reduce cash burn "although a comprehensive restructuring is still at a preliminary stage.
"Management expects the preparation of the business plan will take several weeks before it is ready for discussion with stakeholder groups."
Rumors have been buzzing around Nortel operations of big layoffs coming quickly, particularly now that Nortel has indefinitely suspended severance pay.
But the report suggests a long time frame, saying the plan will reflect "expectations of future operating performance for 2009 taking into account the current economic environment (as well as bankruptcy protection proceedings.)"
Nortel has 90 days to produce a plan for reorganization under bankruptcy proceedings. The new report hints that it could take all of that time and possibly more.
The report said that work on the restructuring plan "will take some time to develop ... given the complex multi-jurisdictional nature of the restructuring."
It notes that Nortel is required to hold an annual shareholder meeting by June 30 because in November it suspended payment of dividends on preferred shares.
The company, backed by the monitor, is asking for relief from holding the meeting.
"The annual general meeting would be a distraction to both management and other company resources at a time when they are required to be focused on stabilizing and restructuring the business for the benefit of all shareholders."
The report said that Nortel will keep shareholders informed through the bankruptcy proceeding, regulatory filings and other information. Nortel has yet to disclose financial results for the fourth quarter ended in December.
Cost-cutting will include layoffs as well as reviews of leases, real estate, equipment, supplier and customer contracts.
Nortel has already disclosed action to repudiate several supplier contracts, including a deal with Avarion to develop WiMAX gear, leases on five empty U.S. buildings costing $10 million annually and cancelling two corporate jets contracts at a savings of $1 million.
When it filed for protection from creditors Jan.14, Nortel told the court that the Canadian operations would have run out of operating cash this spring unless it stopped payments to creditors, including bond holders, severance payments and some supplementary pension payments.
The latest report shows that cash reserves were stronger than expected in the first three weeks. But, instead of a projected $80-million deficit in the hole in the last three weeks in January, Nortel was $184 million in the black.
The big factor was a $75-million payment from a $200-million loan from U.S. operations, a change in timing on a supplier deal and lower costs on foreign exchange and financing costs.
The loan is backed by a $200-million mortgage on Nortel's Carling Avenue main campus, a property that Nortel is offering the federal government for future office needs.
The company plans to ask for the balance of the U.S. loan on Feb. 19.
The monitor said Nortel "appears to have to sufficient cash resources" to get through to early May.
The report shows that Nortel is still trying to get longer-term financing from Export Development Canada, its only source of financing. EDC, which finances Nortel export deals, gave Nortel a $30-million advance when it went into bankruptcy protection.
The report said Nortel has used $900,000 of the financing and the two parties and other unidentified parties "will continue to work to see if a longer term arrangement, acceptable to the parties, can be reached."
The report does not provided detailed financial results and the impact of the bankruptcy filing.