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ShiningStar
06-10-2009, 10:05 AM
By Tom Krisher And Dan Strumpf, AP Auto Writers


DETROIT — Italy's Fiat is the new owner of the bulk of Chrysler's assets, closing a deal Wednesday that saves the troubled U.S. automaker from liquidation and places a new company in the hands of Fiat's CEO


The deal clears the way for a new, leaner Chrysler Group to emerge from bankruptcy protection minus billions in debt, 789 underperforming dealerships and burdensome labor costs that nearly sank the storied automaker.


Fiat CEO Sergio Marchionne immediately was named CEO of the company, which said in a statement that it would soon reopen Chrysler factories that were idled during the bankruptcy process, costing the automaker $100 million per day.
The company will focus on smaller vehicles, areas in which Chrysler was weak.
"Work is already underway on developing new environmentally friendly, fuel-efficient, high-quality vehicles that we intend to become Chrysler's hallmark going forward," the company said in a statement.
The Italian automaker won't put any money into the deal but will give Chrysler billions worth of small car and engine technology.
"We intend to build on Chrysler's culture of innovation and Fiat's complementary technology and expertise to expand Chrysler's product portfolio both in North America and overseas," Marchionne said in a statement.




The sale to Fiat marks a victory for the Obama administration, which shepherded Chrysler into Chapter 11 protection on April 30 with the hope that the company would emerge in a matter of months with a new partner.
A senior administration official said last week that Marchionne will make management changes in short order. Chrysler CEO Bob Nardelli is stepping down while Vice Chairman Tom LaSorda already has retired.
The official did not want to be identified because the changes have not been made public.




On Tuesday, Chrysler won its battle to erase its secured debt after the Supreme Court declined to rule on objections to the sale to Fiat from Indiana pension and construction funds. The Indiana funds, which hold less than 1% of Chrysler's $6.9 billion in secured debt, said the sale unfairly favors Chrysler's unsecured stakeholders such as the union ahead of secured debtholders like themselves.
Supreme Court Justice Ruth Bader Ginsburg decided Monday to delay the sale while studying the appeals. But on Tuesday, the court turned down the opponents' last-ditch bid by declining a hearing on the appeals.
Also on Tuesday, Judge Arthur Gonzales approved Chrysler's motion to terminate 789 of its dealer franchises, or about 25% of its dealer base.
Many of those dealers closed their doors for good on Tuesday, though some will continue to sell used cars or other brands. Chrysler has maintained that the closures are a necessary part of its plan to cut costs. Jim Press, Chrysler's vice chairman and president, told a Senate committee that the poor performance of many of the dealers slated to lose franchises costs the company $1.5 billion in lost sales each year, along with $150 million in advertising and marketing costs and $33 million in administrative costs.
The dealers had argued that they cover their own costs and little would be gained by terminating their franchises. Chrysler attorneys said the automaker would extend until Monday its program to help the affected dealers send any unsold vehicles to stores that will remain open.
Chrysler's swift passage through about five weeks of bankruptcy proceedings was helped by the involvement of the Obama administration's auto task force, which provided billions in financing and helped negotiate a deal with the company's stakeholders.
Under the agreement brokered in the days leading up to Chrysler's Chapter 11 filing, Fiat will receive up to a 35% stake in the automaker in exchange for sharing the technology Chrysler needs to create smaller, more fuel-efficient vehicles.




The United Auto Workers union will get a 55% stake that will be used to fund its retiree health care obligations, while the U.S. and Canadian governments will receive a combined 10% stake. Fiat will get 20%, with the possibility of up to 35%.
Meanwhile, the automaker's secured debtholders will get $2 billion in cash, or about 29 cents on the dollar, for their combined $6.9 billion in debt. Some debtholders, including the Indiana funds, balked at the deal, saying as secured lenders they deserved more. The funds also challenged the constitutionality of the Treasury Department's use of money from the Troubled Asset Relief Program, or TARP, to supply Chrysler's bankruptcy protection financing. They say TARP was earmarked for the financial industry and diverted to the auto industry without Congressional authority.
Consumer groups and individuals with product-related lawsuits also contested a condition of the Chrysler sale that would release the company from product liability claims related to vehicles it sold before the asset sale to Fiat. Compensation for such claims would have to come from the parts of the company not being sold to Fiat. But those assets have limited value and it's unlikely there will be anything to pay out.


Auto Writer Dan Strumpf contributed from New York.
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

ShiningStar
06-10-2009, 10:12 AM
Adam Shapiro, Jeff Flock, Ken Sweet and Joanna Ossinger (feedback@foxbusiness.com)



Chrysler announced the sale of its "good" assets to New Chrysler, an entity to be led by Italian auto maker Fiat SpA.
In a simple announcement Wednesday morning, Fiat closed its purchase and alliance with Chrysler after the U.S. Supreme Court denied an emergency appeal from some of Chrysler's creditors Tuesday evening.
Robert Kidder was appointed to serve as chairman of the New Chrysler and Sergio Marchionne as CEO. Jim Press, who joined Chrysler after 14 years with Ford (F (javascript:stockSearch('F');): 6.1799, -0.1001, -1.59%), will become deputy CEO and advisor to Marchionne.




The new company now exits Chapter 11 bankruptcy with $6 billion in exit financing. In a statement, the "new" Chrysler said it plans to begin operations immediately.
Weigh In: Are you more or less likely to buy a car from Chrysler now--comment below
"This is a very significant day, not only for Chrysler and its dedicated employees, but for the global automotive industry as a whole," said Sergio Marchionne, the newly-appointed Chief Executive Officer of the newly created Chrysler.




Under the terms of the agreement with the U.S. Bankruptcy Court of the Southern District of New York, Fiat will now own a 20% equity stake in the new company which will grow to a 35% stake if certain milestones are achieved. Fiat cannot own a majority stake in the company until all taxpayer funds are returned.
The United Auto Workers, through their VEBA health care trust, owns a 55% stake in the company while the U.S. taxpayer owns a 8% stake in Chrysler.


Justice Ruth Bader Ginsburg had issued a temporary stay on Monday, but in its statement Tuesday the Court noted that the denial wasn't based on the legal merits per se, but on such factors as whether a majority of the justices would see the lower-court decisions as erroneous.
The step enabled "the previously announced global strategic alliance, forming a vibrant new car company, to proceed," Chrysler announced in a statement Tuesday night.

READ the Supreme Court's Official Order (http://www.foxbusiness.com/story/markets/read-supreme-court-denies-appeal-delay-chrysler-sale/) Chrysler and Fiat had both said throughout the proceedings that their deal must be completed quickly.
Fiat’s CEO had said the company would never walk away from the Chrysler deal, but a court filing by the company noted that if the deal didn't get done soon, it would at the very least have to be re-worked.
See our Chrysler page for the latest videos and news on the auto maker. (http://www.foxbusiness.com/search-results/business/automotive/chrysler.htm)In a filing to the U.S. Supreme Court on Tuesday, Fiat said that “if the sale transaction approved by the bankruptcy court does not close by June 15th 2009, it will terminate under its express terms.”

Fiat put an offer on the table to purchase a newly formed version of iconic U.S. auto maker Chrysler, which is currently undergoing restructuring in bankruptcy. The proposal sailed through lower courts over the objections of some bondholders, a group led by an Indiana pension organization.
Chrysler said in its statement that "the new company will build upon Chrysler’s proud history of innovation and Fiat’s complementary technology and expertise to expand Chrysler’s product portfolio in the U.S., Canada and overseas. As the new company restarts operations in its facilities, it will continue work already under way on new environmentally friendly, fuel-efficient, high-quality vehicles that will become Chrysler's hallmark going forward."

Tom Lauria, an attorney for the Indiana pension funds challenging the deal, had used the reasoning in asking for Supreme Court consideration that “The executive branch of the government through this proposed transaction is trying to compel private investors who hold secured debt to subsidize the distribution of five billion dollars to the Administration’s preferred but junior class of creditors -- the labor claims.”

ABQCOWBOY
06-10-2009, 10:41 AM
So, billions of dollars later, the Company files, the UAW makes out, a Foreign Company picks up the option dirt cheap and the tax payer gets what again?

I fail to see how this could not have been accomplished if we had just let things happen as they were designed to happen under American Bankruptcy rule of law.

Maybe it's just me.

Dallas
06-10-2009, 11:14 AM
So, billions of dollars later, the Company files, the UAW makes out, a Foreign Company picks up the option dirt cheap and the tax payer gets what again?

I fail to see how this could not have been accomplished if we had just let things happen as they were designed to happen under American Bankruptcy rule of law.

Maybe it's just me.


No its not just you. Everyone on here knows it. Our far left of center critiques here just wont say it.

I guarantee you that deep down inside themselves they are all thinking.....


http://img218.imageshack.us/img218/2013/1196879698148iv1.jpg

ninja
06-10-2009, 11:19 AM
How long before Chrysler/Fiat beg for more money? My guess, right after the next election in Nov. they will be demanding more money.

If Benz couldn't do anything with Chrysler, what can Fiat do?

And just wait for Chrysler/Fiat to try to borrow more money from the bondholders they shafted.

MetalHead
06-10-2009, 05:55 PM
FixItAgainTony