Following the filing in Mexico, Vitro intends to commence an ancillary case under chapter 15 of the U.S. Bankruptcy Code, requesting that the U.S. Bankruptcy Court recognize and give deference to its proceedings in Mexico. Vitro also will ask the U.S. Bankruptcy Court to protect it and its non-U.S. subsidiaries from creditor actions in the U.S. while the Mexican proceedings are pending. Once the Concurso Plan is approved by the Mexican court at the conclusion of the Mexican proceedings, Vitro further intends to ask the U.S. Bankruptcy Court to enforce the terms of its restructuring in the U.S., including the cancelation of all Old Notes and the issuance of the New Notes in exchange.
As previously announced, three funds managed by Aurelius Capital Management (collectively, “Aurelius”) filed suit against Vitro and several of its subsidiaries in New York State court on December 3, 2010, premised on Vitro’s default and non-payment of the Old Notes, and obtained from the court a pre-judgment order of attachment on any assets of Vitro located in New York (the “Aurelius Order”). On December 9, 2010, certain funds managed by Elliott Management Corp. also obtained a pre-judgment order of attachment (the “Elliott Order”) similar to the Aurelius Order (together with the Elliott Order, the “Orders”). As previously announced, on December 9, 2010, the Aurelius Order was served on D.F. King, which acts as the depositary for the Tender Offer, and D.F. King has determined not to direct the settlement of the Tender Offer or instruct the Depository Trust Company (“DTC”) to complete the settlement, until D.F. King receives further guidance from the New York court as to whether its instructions to settle the Tender Offer will violate the terms of the Orders. Thus, the settlement of the Tender Offer and the distribution of the Consent Payments pursuant to the Exchange Offer and Consent Solicitation have been delayed pending further guidance from the New York State court. Vitro filed a brief in New York State court yesterday arguing that settlement of the Tender Offer and distribution of the Consent Payments will not violate the terms of the Orders. Vitro is also seeking an order from the court stating that failure to settle the Tender Offer shall not be deemed a violation of any applicable agreements, regulations or laws. A hearing regarding both orders of attachment is currently scheduled for December 16, 2010.
The involuntary chapter 11 proceedings that were filed by four dissident minority bondholders against Vitro’s U.S. subsidiaries remain pending before the U.S. Bankruptcy Court in Texas. Last week, Vitro’s U.S. subsidiaries filed an answer contesting the grounds for allowing those proceedings to continue. In their answer, Vitro America and its affiliates contest the basis for the involuntary petitions and assert affirmative defenses, including that Vitro America and its affiliates are generally paying their debts as they become due. A status conference before the Texas Bankruptcy Court has been scheduled for December 20. Vitro and its subsidiaries continue to vigorously act to protect their respective rights against the multiple actions being made by a relatively small group of bondholders.
Vitro, S.A.B. de C.V. (BMV: VITROA), is the leading glass manufacturer in Mexico and one of the largest glass manufacturers in the world backed by more than 100 years of experience. Through our subsidiary companies we offer products with the highest quality standards and reliable services to satisfy the needs of two distinct business sectors: glass containers and flat glass. Our manufacturing facilities produce, process, distribute and sell a wide range of glass products that form part of the everyday lives of millions of people as well as offering excellent solutions to multiple industries that include: wine, beer, cosmetic, pharmaceutical, food and beverage, as well as the automotive and construction industries. In addition, we supply raw materials, machinery and industrial equipment to different industries. We constantly strive to improve the quality of life of our employees and of the communities in which we operate by generating employment and economic prosperity based on our focus on quality and continuous improvement, as well as through our ongoing efforts to promote sustainable development. Located in Monterrey, Mexico, and founded in 1909, Vitro currently has major facilities and a broad distribution network in 10 countries in the Americas and Europe with products that can be found throughout all around the world. For more information Vitro’s website can be accessed at: http://www.vitro.com
This announcement contains statements about future events regarding Vitro, S.A.B. de C.V. and its subsidiaries. While Vitro believes that forward-looking statements are based on reasonable assumptions, all such statements reflect Vitro’s current views with respect to future events and are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated in this press release. Many factors could cause Vitro’s actual results, performance or achievements to be materially different from anticipated future results, performance or achievements that may be expressed or implied by such forward-looking statements. In particular, completion of the offers described above or the Concurso Plan on the basis described, or at all, is uncertain. Vitro does not assume any obligation to, and will not, update these forward-looking statements.