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FEBRUARY 2009
Smurfit-Stone files Chapter 11
Operations to continue as usual at
all facilities
Smurfit-Stone Container Corporation
announced that it and its United
States and Canadian subsidiaries
have filed voluntary petitions for
reorganization under Chapter 11 in
the United States Bankruptcy Court
in Wilmington, Delaware. The Canadian
subsidiaries will also file to reorganize
under the Companies’ Creditors Arrangement
Act (CCAA) in the Ontario Superior
Court of Justice in Canada.
The Company plans to use this process
to restructure its debt, resulting
in a capital structure more suited
to support its long-term growth and
profitability. The Company’s normal
day-to-day operations will continue
without interruption.
The Company also announced that,
pending Court approval, it has received
commitments for up to $750 million
in debtor-in-possession (DIP) financing
to fund continuing operations. Of
this total, $350 million consists
of new incremental funding; approximately
$400 million represents replacement
of existing Accounts Receivable Securitization
facilities both in the United States
and Canada. The DIP financing will
enable the Company to continue to
satisfy customary obligations associated
with ongoing operations of its business,
including payment of employee wages
and benefits in the ordinary course,
and payment of post-petition obligations
to vendors under existing terms.
Patrick J. Moore, chairman and CEO,
said, “Over the past decade, we built
one of North America’s premier containerboard
and packaging companies. But, our
financial performance has not reflected
the full potential of our earnings
power due to higher cost operations
and burdensome debt levels dating
back to the original formation of
the company. As a result of our three-year
transformation program, we have been
focused on improving our operating
performance and our operations are
now well invested and far more cost
effective.
“Yet, the acceleration of the unprecedented
global economic recession has weakened
demand for packaging, and the frozen
credit markets have prevented an
out-of-court refinancing of our capital
structure. While this is not the
outcome we anticipated, we are taking
this action to become a more financially
healthy company.
All operations outside of the United
States and Canada are excluded from
this process and none of Smurfit-Stone’s
subsidiaries or operations outside
of the United States and Canada commenced
Chapter 11, CCAA or similar proceedings.
Smurfit-Stone has filed a variety
of customary first day motions with
the Court in Delaware and will seek
an initial order in the Canadian
proceedings, which will help enable
it to continue to conduct business
as usual while it completes its restructuring.
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