Court Approves First-Day Motions for Borden Chemicals and Plastics Operating Limited Partnership.Business Editors GEISMAR, La.--(BUSINESS WIRE)--April 6, 2001 Interim Order Entered for 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. of Up to Approximately $100 Million Borden Chemicals and Plastics Operating Limited Partnership (BCP BCP Best Current Practice(s) BCP Business Continuity Planning BCP Business Continuity Plan BCP Book of Common Prayer BCP Banco Comercial Português BCP Bureau of Consumer Protection (US Federal Trade Commission) ) announced today that it had received approval from the United States 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. for the District of Delaware of various first-day motions presented by BCP with its Chapter 11 filing April 3, 2001, allowing BCP to continue to pay salaries, wages, and other benefits to employees and to honor prepetition obligations to employees. First-day orders were requested of the court so that BCP, a producer of polyvinyl chloride polyvinyl chloride (PVC), thermoplastic that is a polymer of vinyl chloride. Resins of polyvinyl chloride are hard, but with the addition of plasticizers a flexible, elastic plastic can be made. (PVC PVC: see polyvinyl chloride. PVC in full polyvinyl chloride Synthetic resin, an organic polymer made by treating vinyl chloride monomers with a peroxide. ) resins, could continue operations with as little disruption and loss of productivity as possible and maintain the confidence and support of customers, employees, suppliers and service providers. The company also sought to obtain postpetition financing and establish procedures for an orderly administration of the chapter 11 proceedings Chapter 11 Proceedings Provisions of the Bankruptcy Reform Act under which the debtor firm is reorganized by a court because the estimated value of the reorganized firm exceeds the expected proceeds from its liquidation. . The court has entered an interim order granting the company's request of a $100 million debtor-in-possession (DIP) credit facility, which will provide up to approximately $20 million of new availability, to be provided by a group of lenders led by Fleet Capital Corporation. Subject to certain terms and conditions, BCP anticipates that the DIP financing would be used for employee compensation, materials and services from vendors, ongoing operations and other working-capital needs. The court has scheduled a hearing on April 18, 2001, for final approval of the request. "With interim financing Interim financing A short-term loan made to a company on the condition that a takeout will follow with long-term or intermediate financing. interim financing The financing that supports a transaction until permanent financing can be arranged. in place, vendors, customers and employees should feel confident about doing business with BCP. We remain a focused PVC player in a market that we believe will recover and have long-term growth prospects," said Mark J. Schneider, president and chief executive officer, BCP Management, Inc. (BCPM BCPM Benchmark Cost Proxy Model BCPM Biology Chemistry Physics Math (college courses) BCPM Benign Chronic Pemphigus BCPM Baylor Collections of Political Materials BCPM Berkeley Caltech Pulsar Machine ), the general partner of BCP. BCP and its subsidiary, BCP Finance Corporation, filed voluntary petitions for protection under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware on April 3, 2001. BCPM and Borden Chemicals and Plastics Limited Partnership (BCPLP), the limited partner of BCP, were not included in the April 3 Chapter 11 filings. (Two other separate and distinct entities, Borden, Inc., and its subsidiary, Borden Chemical, Inc., are not related to the filings.) BCP produces PVC resins at its facilities in Geismar, La., also the site of its headquarters. BCP has additional PVC operations in Addis, La., and Illiopolis, Ill. This press release includes forward-looking statements subject to the "safe harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. " provisions 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. Our use of the words "outlook," "intends," "believes," "anticipates," "estimate" and similar words are intended to identify these statements as forward-looking. These forward-looking statements represent our current judgment on what the future holds and are based on a number of assumptions and forecasts. Our actual results may be materially different from those expressed or implied by such statements. While BCPM believes them to be reasonable, a number of important factors could cause actual results to differ materially from those projected. These factors include relatively small changes in PVC resin prices or demand; changes in domestic capacity; changes in raw material and natural gas costs; increased operating costs; loss of business from major customers; availability of post petition financing; negative market and credit impact from the Chapter 11 filing; unanticipated expenses; substantial changes in financial markets; labor unrest; foreign competition; major equipment failure; unanticipated results in pending legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies. ; and other factors. Note to Editors: Borden Chemicals and Plastics Operating Limited Partnership (BCP) is a separate and distinct entity from Borden, Inc., and its subsidiary, Borden Chemical, Inc. Please refer to Borden Chemicals and Plastics Operating Limited Partnership as "BCP" or "Borden Chemicals and Plastics," not as "Borden" or "Borden Chemicals." |
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