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Bankruptcy Shedding Light on Standard Company Procedures. (Wall Street's Safety Net - Who Can You Trust?).


ENRON Corp.'s bankruptcy has become a flash point for a number of issues about how companies are run, how outside firms deal with them, and how investors determine their value.

Here are several that arose both before and after the Chapter 11 filing.

Should a company that's filing for bankruptcy or operating under court protection pay "retention bonuses" to keep people on the job?

Enron paid $55 million to 500 employees as an incentive to stay for 90 days. That's equivalent to $110,000 for each employee, or 24 times the severance that the company sought bankruptcy-court permission to pay 4,000 workers fired at its Houston headquarters.

Companies tend to pay these kinds of bonuses for two reasons: to ensure top executives stay in place after a takeover, and to have them stick around after a bankruptcy filing.

Clear Channel Communications Not to be confused with clear channel radio stations, which are AM radio stations with certain technical parameters.
Clear Channel Communications (NYSE: CCU) is a media conglomerate company based in the United States.
 Inc. agreed to pay bonuses to 54 executives of Ackerley Group The Ackerley Group was an American media company that owned several television stations (mainly in New York State, California, as well as one in Fairbanks) that was taken over by Clear Channel Communications in 2001. Its chairman was Seattle-based businessman Barry Ackerley.  Inc. in connection with an $800 million takeover of the television broadcaster and billboard owner, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Securities and Exchange Commission.

Should a company encourage employees to invest in its stock through 401(k) plans, designed to provide tax-free savings for retirement, and contribute shares on their behalf that they can't sell for years?

Enron shares accounted for 62 percent of the company plan's $2.14 billion in assets at the end of 2000, according to an SEC filing. By any measure, the percentage was high.

Company stock averaged 53 percent of assets in similar plans at year-end, according to a survey by the Employee Benefit Research Institute and the Investment Company Institute. For all the plans surveyed, the average was 19 percent, or less than a third as high.

Some of the shares in Enron's plan came from the company in the form of matching contributions. Participants were restricted from selling that stock until they turned 50.

Now those employees, undoubtedly including some of the more than 4,000 people fired in the U.S. in the past week, are left to count their losses and file lawsuits.

Are credit-rating services like Moody's Investors Service Moody's Investors Service

A leading global credit rating, research and risk analysis firm.


Moody's Investors Service

A leading firm engaged in credit rating, risk analysis, and research of fixed-income securities and their issuers.
 Inc. really independent arbiters of creditworthiness Creditworthiness

The condition in which the risk of default on a debt obligation by that entity is deemed low.


Creditworthiness

Eligibility of an individual or firm to borrow money.
?

Dynegy Inc.'s proposed $23 billion purchase of Enron hinged on whether the target company would maintain an investment-grade rating from Moody's

It did, thanks in part to the companies' agreement to make six concessions that the Moody's Corp. unit wanted. Phone calls from people backing the takeover, including Lehman Brothers Lehman Brothers Holdings Inc. (NYSE: LEH), founded in 1850, is a diversified, global financial services firm. It is a participant in investment banking, equity and fixed income sales, research and trading, investment management, private equity, and private banking.  Inc. Chief Executive Richard Fuld and J.P. Morgan Chase & Co. CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  William Harrison William Harrison may refer to:
  • William Harrison (clergyman) (1534 - 1593)
  • William Harrison (Catholic clergyman) (1553 - 1621)
  • William Harrison (cricketer)
  • William Henry Harrison (1773-1841), ninth President of the United States
  • William B. Harrison, Jr.
, surely didn't hurt either.

Nevertheless, Dynegy offer's collapsed. And in the aftermath of that event, Moody's said it would look more closely at "rating triggers" associated with bonds or other contracts -- such as the ones that required Enron to repay $3.3 billion of debt immediately if it received a junk-bond rating.

David Wilson David Wilson may refer to:
  • David Wilson, Baron Wilson of Tillyorn (born 1935), British administrator, diplomat and Sinologist
  • David Wilson (sportsman) (born 1967), Australian rugby union footballer and cricketer
  • David Wilson (swimmer), Australian swimmer
 is a columnist with Bloomberg News.
COPYRIGHT 2001 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Comment:Bankruptcy Shedding Light on Standard Company Procedures. (Wall Street's Safety Net - Who Can You Trust?).
Author:Wilson, David
Publication:Los Angeles Business Journal
Article Type:Brief Article
Geographic Code:1USA
Date:Dec 17, 2001
Words:482
Previous Article:Under Increasing Pressure, Regulators Suggest Changes. (Wall Street's Safety Net - Who Can You Trust?).(securities regulation)
Next Article:Paying Attention to Failure's Lessons.(Enron's collapse)(Brief Article)
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