Printer Friendly
The Free Library
19,604,530 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Congoleum Corporation Obtains Asbestos Claimants' Approval of Its Bankruptcy Plan, Commences Reorganization.


Business Editors

MERCERVILLE, N.J.--(BUSINESS WIRE)--Dec. 31, 2003

Congoleum Corporation (AMEX AMEX

See: American Stock Exchange
:CGM (1) (Computer Graphics Metafile) An ISO/IEC standard format for 2D graphics images introduced in 1987. Primarily a vector graphics format for technical illustrations and geophysical visualizations, CGM also supports raster graphics and text. ) announced today that it has obtained the asbestos claimant votes necessary for approval of its pre-packaged Chapter 11 plan of reorganization, and has proceeded with its bankruptcy filing in Trenton, New Jersey. Congoleum will now seek bankruptcy court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties.  confirmation of the plan as promptly as possible. Congoleum is pursuing a pre-packaged bankruptcy proceeding as a means to resolve claims asserted against it related to the use of asbestos in its products decades ago.

The balloting agent tabulating the votes on the proposed plan of reorganization advised Congoleum that the overwhelming majority of votes cast were cast in favor of the plan and were more than sufficient to satisfy the requirements of the bankruptcy code Bankruptcy Code may refer to:
  • Bankruptcy in Canada
  • Bankruptcy in the United States
  • Bankruptcy in China
.

Under the terms of the plan, when confirmed, Congoleum will contribute certain insurance rights and a note for approximately $2.7 million (subject to a future revaluation Revaluation

A calculated adjustment to a country's official exchange rate relative to a chosen baseline. The baseline can be anything from wage rates to the price of gold to a foreign currency. In a fixed exchange rate regime, only a decision by a country's government (i.e.
) to a trust to be formed pursuant to the plan for the benefit of asbestos personal injury claimants. All current and future asbestos claims against Congoleum will be channeled to the trust and Congoleum will have no further liability for such claims. The terms of the plan also provide that Congoleum's other creditors will be paid in full and its shareholders will maintain their equity holdings in Congoleum. Congoleum also indicated that it expects to record a charge of approximately $3.7 million in the fourth quarter of 2003 to increase its reserve for estimated costs required to complete its reorganization.

Roger S. Marcus, Chairman of the Board, commented "This filing marks another major milestone in resolving our asbestos problem. Our next challenge is to get our plan confirmed by the court as quickly as the process allows. We believe the steps taken over the past year to prepare for this filing will be extremely helpful in accomplishing this. Until then, we expect to conduct business as usual. I thank our employees, suppliers, customers, and investors for their continued support through this endeavor."

Copies of the plan and disclosure statement have been filed by Congoleum with the Securities and Exchange Commission as exhibits to a Form 8-K Form 8-K

The form required by the SEC when a publicly held company incurs any event that might affect its financial situation or the share value of its stock.


Form 8-K

See 8-K.
. They can also be obtained by visiting Congoleum's website at http://www.congoleum.com/investor_relations/investor_1.shtml.

Congoleum Corporation is a leading manufacturer of resilient flooring, serving both residential and commercial markets. Its sheet and tile products are available in a wide variety of designs and colors, and are used in remodeling remodeling /re·mod·el·ing/ (re-mod´el-ing) reorganization or renovation of an old structure.

bone remodeling
, manufactured housing Manufactured housing (also known as prefab housing) is a type of housing unit that is largely assembled in factories and then transported to sites of use.

In the United States, the term "manufactured home" specifically refers to a house built entirely in a protected
, new construction and commercial applications. The Congoleum brand name is recognized and trusted by consumers as representing a company that has been supplying attractive and durable flooring products for over a century.

CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS

The above news release contains certain forward-looking statements, within the meaning of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995, that involve risks, uncertainties and assumptions. These forward-looking statements are based on Congoleum's expectations, as of the date of this release, of future events, and Congoleum undertakes no obligation to update any of these forward looking statements. Although Congoleum believes that these expectations are based on reasonable assumptions, within the bounds of its knowledge of its business and experience, there can be no assurance that actual results will not differ materially from its expectations. Readers are cautioned not to place undue reliance on any forward-looking statements. Factors that could cause actual results to differ from expectations include: (i) the future cost and timing of estimated asbestos liabilities and payments and availability of insurance coverage and reimbursement from insurance companies, which underwrote the applicable insurance policies for asbestos-related claims and other costs relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the execution and implementation of any plan of reorganization pursued by Congoleum, (ii) timely reaching agreement with other creditors, or classes of creditors, that exist or may emerge, (iii) satisfaction of the conditions and obligations under Congoleum's outstanding debt instruments, and amendments to those outstanding debt instruments, as necessary, to permit the contemplated note contribution in connection with Congoleum's plan of reorganization and to make certain financial covenants in those debt instruments less restrictive, (iv) the response from time-to-time of Congoleum's and its controlling shareholder's, American Biltrite Inc.'s, lenders, customers, suppliers and other constituencies to the ongoing process arising from Congoleum's strategy to settle its asbestos liability, (v) Congoleum's ability to obtain debtor-in-possession financing Debtor-in-possession financing

New debt obtained by a firm during the Chapter 11 bankruptcy process, Federal Bankruptcy Rule 4001 (c)(1). This financing is unique because it is secured, that is, it has priority over existing debt, equity and other claims.
 to provide it with sufficient funding during the pendency Pend´en`cy

n. 1. The quality or state of being pendent or suspended.
2. The quality or state of being undecided, or in continuance; suspense; as, the pendency of a suit s>.
 of its Chapter 11 case and exit financing to provide it with sufficient funding for its operations after emerging from the bankruptcy process, in each case, on reasonable terms, (vi) timely obtaining sufficient creditor and court approval of any reorganization plan A scheme authorized by federal law and promulgated by the president whereby he or she alters the structure of federal agencies to promote government efficiency and economy through a transfer, consolidation, coordination, authorization, or abolition of functions.  pursued by Congoleum and (vii) compliance with the United States Bankruptcy Code, including Section 524(g). In any event, if Congoleum is not successful in obtaining sufficient creditor and court approval of its plan of reorganization, such failure would have a material adverse effect upon its business, results of operations and financial condition. Actual results could differ significantly as a result of these and other factors discussed in Congoleum's annual report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
 for the year ended December 31, 2002, its quarterly report on Form 10-Q Form 10-Q

See 10-Q.
 for the quarter ended September 30, 2003 and its other filings with the Securities and Exchange Commission.
COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Business Wire
Geographic Code:1USA
Date:Dec 31, 2003
Words:877
Previous Article:Small Caps Lead Broad Market Rally In 2003; The Russell 2000 Growth Index Reflects a Record 50% Gain.
Next Article:Kinetic Concepts Inc. Announces Proposed Initial Public Offering.
Topics:



Related Articles
Third time's the charm? Manville trust restructured.
Asbestos revisited. (Washington Focus).
HALLIBURTON NEARS $4 BILLION SETTLEMENT ON ASBESTOS CLAIMS.
Continuing the battle: quantity of claims, not underlying merit, has become a driving force in asbestos bankruptcies.
ABB's reorg plan for CE is complete.
Judge sustains gag order on archdiocese plan.
Church's bankruptcy plan nears approval.
Diocese faces $104 million due.

Terms of use | Copyright © 2012 Farlex, Inc. | Feedback | For webmasters | Submit articles