-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ENU6CrzAQrObRolf0mMMywSzjae8+MrHcSL6iLDQ8jGqWn9ScSafgrRtuyWoWJYd mLRDF3s9YZfcGVLWvjqvjQ== 0001104659-08-016344.txt : 20080310 0001104659-08-016344.hdr.sgml : 20080310 20080310101343 ACCESSION NUMBER: 0001104659-08-016344 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080304 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080310 DATE AS OF CHANGE: 20080310 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SEA CONTAINERS LTD /NY/ CENTRAL INDEX KEY: 0000088095 STANDARD INDUSTRIAL CLASSIFICATION: WATER TRANSPORTATION [4400] IRS NUMBER: 980038412 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-07560 FILM NUMBER: 08676338 BUSINESS ADDRESS: STREET 1: 41 CEDAR AVE STREET 2: P O BOX HM 1179 CITY: HAMILTON HM EX BERMU STATE: D0 BUSINESS PHONE: 4412952244 MAIL ADDRESS: STREET 1: 41 CEDAR AVE STREET 2: PO BOX HM 1179 CITY: HAMILTON HM EX BERMU STATE: D0 FORMER COMPANY: FORMER CONFORMED NAME: SEA CONTAINERS ATLANTIC LTD DATE OF NAME CHANGE: 19810817 8-K 1 a08-7369_18k.htm 8-K

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15 (d) of the

Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported March 4, 2008)

 

Sea Containers Ltd.

(Exact name of registrant as specified in its charter)

 

Bermuda

 

1-7560

 

98-0038412

(State or other

 

(Commission

 

(I.R.S. Employer

jurisdiction of

 

File Number)

 

Identification No.)

incorporation)

 

 

 

 

 

22 Victoria Street, Hamilton HM 12, Bermuda

(Address of principal executive offices) (Zip Code)

 

Registrant’s telephone number, including area code 441-295-2244

 

Not Applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240 .14d-2 (b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



ITEM 8.01 Other Events.

 

The Company and its subsidiaries, Sea Containers Services Ltd. and Sea Containers Caribbean Inc., filed with the U.S. Bankruptcy Court on March 4, 2008, the Monthly Operating Report for January 2008, which is attached hereto as Exhibit 99.1.

 

ITEM 9.01 Financial Statements and Exhibits.

 

(c) Exhibits

 

99.1                           Monthly Operating Report for January  2008.

 

2



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

 

 

 

 

 

 

 

SEA CONTAINERS LTD.

 

 

 

 

 

 

 

 

By:

/s/ Laura Barlow

 

 

 

 

Name:

Laura Barlow

 

 

 

Title:

Chief Financial Officer

 

 

 

 

and Chief Restructuring Officer

Date: March 10, 2008

 

 

 

 

 

3



 

EXHIBIT INDEX

 

Exhibit

 

 

 

Number

 

Description

 

 

 

 

99.1

 

Monthly Operating Report for January  2008.

 

 

4


EX-99.1 2 a08-7369_1ex99d1.htm EX-99.1

Exhibit 99.1

 

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

 

In re: Sea Containers Ltd., et al.

 

Case No.

06-11156 (KJC)

 

 

Reporting Period:. Jan 1, 2008 - Jan 31, 2008

 

MONTHLY OPERATING REPORT

File with Court and submit copy to United States Trustee within 20 days after end of month**

 

Submit copy of report to any official committee appointed in the case.

 

 

 

 

 

Document

 

Explanation

REQUIRED DOCUMENTS

 

Form No.

 

Attached

 

Attached

Schedule of Cash Receipts and Disbursements

 

MOR-l

 

x

 

 

Bank Reconciliation (or copies of debtor’s bank reconciliations)

 

MOR-l (CON’T)

 

 

 

 

Copies of bank statements

 

 

 

 

 

 

Cash disbursements journals

 

 

 

 

 

 

Statement of Operations

 

MOR-2

 

x

 

 

Balance Sheet

 

MOR-3

 

x

 

 

Status of Postpetition Taxes

 

MOR-4

 

 

 

 

Copies of IRS Form 6123 or payment receipt

 

 

 

 

 

 

Copies of tax returns filed during reporting period

 

 

 

 

 

 

Summary of Unpaid Postpetition Debts

 

MOR-4

 

x

 

 

Listing of aged accounts payable

 

 

 

 

 

 

Accounts Receivable Reconciliation and Aging

 

MOR-5

 

x

 

 

Debtor Questionnaire

 

MOR-5

 

x

 

 

 

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

 

 

 

 

 

Signature of Debtor

 

Date

 

 

 

 

 

 

 

 

 

Signature of Joint Debtor

 

Date

 

 

 

 

 

 

 

 

 

/s/ Laura Barlow

 

4,

March 2008

Signature of Authorized Individual*

 

Date

(on behalf of Sea Containers Ltd)

 

 

 

 

 

 

 

 

Laura Barlow

 

Chief Financial Officer

Printed Name of Authorized Individual

 

Title of Authorized Individual

 

 

 

 

 

 

/s/ Laura Barlow

 

4,

March 2008

Signature of Authorized Individual*

 

Date

(on behalf of Sea Container Services Limited)

 

 

 

 

 

 

 

 

Laura Barlow

 

Chief Financial Officer

Printed Name of Authorized Individual

 

Title of Authorized Individual

 


*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.

 

      FORM MOR

** As agreed with the US Trustee office, MORs will be filed the 30th after each Month

 

(9/99)

 



 

SEA CONTAINERS LTD., et al.
INDEX TO MONTHLY OPERATING REPORT

 

Description

 

Pages

 

 

 

General Notes to Monthly Operating Report

 

1-2

 

 

 

Schedule of Cash Receipts and Disbursements for Sea Containers Ltd. listing bank account details with month end period balances

 

3

 

 

 

Schedule of Cash Receipts and Disbursements for Sea Containers Services Ltd. listing bank account details with month end period balances

 

4

 

 

 

Bank Reconciliation Attestation

 

5

 

 

 

Balance Sheet and Statement of Operations for Sea Containers Ltd.

 

6-11

 

 

 

Balance Sheet and Statement of Operations for Sea Containers Services Ltd.

 

12-16

 

 

 

Balance Sheet for Sea Containers Caribbean Inc.

 

17-18

 

 

 

Schedule of Intercompany Activity for Sea Containers Ltd.

 

19-20

 

 

 

Schedule of Intercompany Activity for Sea Containers Services Ltd.

 

21

 

 

 

Tax Attestation

 

22

 

 

 

Statement Regarding Insurance Policies

 

22

 

 

 

Schedule of Accounts Receivable and Aging for Sea Containers Ltd.

 

23

 

 

 

Schedule of Accounts Receivable and Aging for Sea Containers Services Ltd.

 

24

 

 

 

Schedule of Post-Petition Aged Creditors for Sea Containers Ltd.

 

25

 

 

 

Schedule of Post-Petition Aged Creditors for Sea Containers Services Ltd.

 

26

 

 

 

Debtors Questionnaire

 

27

 



 

SEA CONTAINERS LTD., et al

MONTHLY OPERATING REPORT, JANUARY 2008

 

NOTES TO MONTHLY OPERATING REPORT

 

General

 

For financial reporting purposes, Sea Containers Ltd. prepares consolidated financial statements relating to Sea Containers Ltd. and its affiliates and subsidiaries (the “Sea Containers Group”) that are filed with the Securities and Exchange Commission (the “SEC”).  Unlike the consolidated financial statements, the financial statements in this report reflect only the assets and liabilities of each individual Debtor (as defined below).

 

The information furnished in this report includes primarily normal recurring adjustments and reflects all adjustments which are, in the opinion of management, necessary for a fair presentation of such financial information.  Certain information and footnote disclosures normally included in financial statements prepared in accordance with generally accepted accounting principles have been condensed or omitted.

 

The financial statements in this report represent the company’s internal accounting, on an unaudited and uncertified basis.  As of January 31, 2008, Sea Containers Ltd. has not filed its form 10-K report for fiscal year ended December 31, 2005 or later, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007, September 30, 2007, and December 31, 2007.  The certification and audit process may result in adjustments to the stated assets and liabilities.

 

Chapter 11 Reorganization Proceedings

 

On October 15, 2006 (the “Petition Date”), Sea Containers Ltd. (“SCL”), Sea Containers Services Ltd. (“Services”) and Sea Containers Caribbean Inc. (“SCCI”) (each a “Debtor” and collectively, the “Debtors”) each filed a voluntary petition for relief under chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).  The cases were consolidated for the  purpose of joint administration. The Debtors are operating their businesses as debtors-in-possession (“DIP”) pursuant to the Bankruptcy Code.  An official committee of unsecured creditors has been appointed for SCL (the “SCL Committee”) and an official committee of unsecured creditors has been appointed for Services (the “Services Committee”).

 

Pursuant to the provisions of the Bankruptcy Code, all actions to collect upon any of the Debtors’ liabilities as of the Petition Date or to enforce pre-petition contractual obligations are automatically stayed.  Absent approval from the Bankruptcy Court, the Debtors are prohibited from paying pre-petition obligations.  In addition, as a consequence of the chapter 11 filing, pending litigation against the Debtors is generally stayed, and no party may take any action to collect pre-petition claims except pursuant to an order of the Bankruptcy Court.  However, the Debtors have requested that the Bankruptcy Court approve certain pre-petition liabilities, such as employee wages and benefits and certain other pre-petition obligations.  While the Debtors are

 



 

subject to chapter 11, all transactions of the Debtors outside the ordinary course of business will require the prior approval of the Bankruptcy Court.

 

At the Initial Debtors Interview with the United States Trustee on November 21, 2006, it was agreed that the Debtors’ Monthly Operating Report should consist of the following:

 

·

 

Consolidating Schedule of Cash Receipts and Disbursements by Debtor.

 

 

 

·

 

List of all bank accounts detailing the bank, account description, account number, and month end book balance. Attestation that all bank reconciliations have been performed.

 

 

 

·

 

Balance Sheets for Each Debtor.

 

 

 

·

 

Schedules of the intercompany activity.

 

 

 

·

 

Income Statements for each Debtor.(1)

 

 

 

·

 

Schedule of Post-Petition fiduciary taxes – Provide Attestation that all taxes are current.

 

 

 

·

 

Schedule of Unpaid Post-Petition Debts.

 

 

 

·

 

Schedule of Accounts Receivable and Aging.

 

 

 

·

 

Debtor Questionnaire.

 


(1)    No income statement has been prepared for Sea Containers Caribbean Inc. since it has not traded in the last 12  months.

 

2



 

In Re: Sea Containers Limited

 

Cash No:

 

06-1156 (KJC)

Reporting Dates: January 1 - January 31, 2008

 

Schedule of Cash Receipts and Disbursements

 

 

 

 

 

 

 

Commerce

 

 

 

Bank of

 

Bank of

 

Societe

 

Societe

 

Commerce

 

Bank of

 

Bank of

 

Barclays

 

 

 

 

 

JP Morgan

 

JP Morgan

 

Bank

 

JP Morgan

 

America

 

America

 

Generale

 

Generale

 

Bank

 

Bermuda

 

Bermuda

 

Bank

 

Current Month

 

 

 

A/C 704

 

A/C 702

 

A/C 353

 

A/C 501

 

A/C 015

 

A/C 023

 

A/C N/A

 

A/C 032

 

A/C 282

 

A/C 16501

 

A/C 16001

 

A/C INS & TEE

 

Total

 

Cash beginning of month

 

36,975

 

26,552

 

40,992,943

 

60,133

 

384,209

 

(237

)

553,010

 

3,269

 

47,824

 

9,905

 

1,822

 

497,501

 

42,613,906

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Receipts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insurance claim

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Inter company receivable

 

 

 

12,873

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12,873

 

Chassis Rental

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Sale of ships

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4,781,514

 

 

 

 

 

 

 

4,781,514

 

Foreign Exchange Revaluation

 

19,937

 

 

 

 

 

 

 

(23,581

)

 

 

 

 

 

 

(1

)

 

 

 

 

 

 

(3,645

)

Interest Income

 

543

 

 

 

113,903

 

121

 

1,206

 

 

 

1,559

 

11

 

 

 

 

 

 

 

 

 

117,343

 

Sweep from SCS

 

 

 

 

 

 

 

 

 

(1,734,589

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1,734,589

)

Intra company sweep

 

(2,628

)

511,128

 

(2,715,000

)

 

 

1,462,409

 

229,091

 

(120,000

)

 

 

615,000

 

20,000

 

 

 

 

 

0

 

Income received from Ge Seaco

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Container Rental

 

 

 

2,015

 

 

 

4,430

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6,445

 

Total Receipts

 

17,852

 

526,016

 

(2,601,097

)

4,551

 

(294,555

)

229,091

 

(118,441

)

11

 

5,396,513

 

20,000

 

0

 

0

 

3,179,941

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disbursements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net Payroll

 

 

 

9,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9,000

 

Loan interest

 

 

 

21,528

 

 

 

 

 

 

 

 

 

 

 

 

 

1,101,275

 

 

 

 

 

 

 

1,122,803

 

Sales Use & Other Taxes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Inventory Purchases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Secured/Rental/Leases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Insurance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

S, G & A costs

 

256

 

214,421

 

 

 

144

 

38

 

165,819

 

 

 

 

 

4,308,324

 

20

 

20

 

 

 

4,689,042

 

Selling

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Other (Attach List)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Contra

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Sweep to SCS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Transfers (To DIP Accts)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Intra company sweep

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Professional Fees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

U.S. Trustee Quarterly Fees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

SC Treasury funding

 

 

 

315,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

315,000

 

Court Costs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

 

Total Disbursements

 

256

 

559,949

 

0

 

144

 

38

 

165,819

 

0

 

0

 

5,409,599

 

20

 

20

 

0

 

6,135,845

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net Cash Flow (Receipts Less Disbursements)

 

17,596

 

(33,933

)

(2,601,097

)

4,407

 

(294,593

)

63,272

 

(118,441

)

11

 

(13,086

)

19,980

 

(20

)

0

 

(2,955,904

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash End of Month

 

54,571

 

(7,381

)

38,391,846

 

64,540

 

89,616

 

63,035

 

434,569

 

3,280

 

34,738

 

29,885

 

1,802

 

497,501

 

39,658,002

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Following Section Must Be Completed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disbursements For Calculating U.S. Trustee Quarterly Fees (From Current Month Actual Column)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Disbursements

 

6,135,845

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Less: Transfers to Debtor In Possession Accounts

 

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Less: Disbursements made by Sea Containers Ltd on behalf of Sea Containers Services Ltd

 

(10,000

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Disbursements For Calculating U.S. Trustee Quarterly Fees

 

6,125,845

 

 

3



 

In Re: Sea Containers Services

 

Cash No:                 06-11156 (KJC)

 

Reporting Dates:    January 1 to January 31, 2008

 

Schedule of Cash Receipts and Disbursements in $USD

 

(Conversion rate: £ = $1.97)

 

 

 

Barclays Bank

 

Bank of America

 

Bank of Scotland

 

Commerce Bank

 

Current Month

 

 

 

A/C 724

 

A/C 013

 

A/C 234

 

A/C 131

 

Actual

 

Cash beginning of month

 

0

 

1,733

 

0

 

50,000

 

51,733

 

 

 

 

 

 

 

 

 

 

 

 

 

Receipts

 

 

 

 

 

 

 

 

 

 

 

Foreign exchange

 

 

 

(520

)

 

 

 

 

(520

)

Accounts Receivable

 

 

 

 

 

 

 

 

 

0

 

Interest receivable

 

 

 

 

 

 

 

 

 

0

 

Depoit repaid

 

 

 

 

 

 

 

 

 

0

 

Funding From SCL

 

 

 

1,734,589

 

 

 

 

 

1,734,589

 

Inter company receipt

 

 

 

 

 

 

 

 

 

0

 

Tax refund

 

 

 

 

 

 

 

 

 

0

 

Total Receipts

 

0

 

1,734,069

 

0

 

0

 

1,734,069

 

 

 

 

 

 

 

 

 

 

 

 

 

Disbursements

 

 

 

 

 

 

 

 

 

 

 

Net Payroll

 

 

 

554,397

 

 

 

 

 

554,397

 

Payroll Taxes

 

 

 

 

 

 

 

 

 

0

 

Other taxes

 

 

 

 

 

 

 

 

 

0

 

Rates

 

 

 

 

 

 

 

 

 

0

 

Secured/Rental/Leases

 

 

 

 

 

 

 

 

 

0

 

Pension

 

 

 

36,309

 

 

 

 

 

36,309

 

Administrative

 

 

 

1,205,059

 

 

 

 

 

1,205,059

 

Selling

 

 

 

 

 

 

 

 

 

0

 

Rent

 

 

 

 

 

 

 

 

 

0

 

Lease settlement

 

 

 

 

 

 

 

 

 

0

 

Owner Draw *

 

 

 

 

 

 

 

 

 

0

 

Transfers (To DIP Accts)

 

 

 

 

 

 

 

 

 

0

 

Sweep to SCL

 

 

 

 

 

 

 

 

 

0

 

Professional Fees

 

 

 

 

 

 

 

 

 

0

 

U.S. Trustee Quarterly Fees

 

 

 

 

 

 

 

 

 

0

 

Court Costs

 

 

 

 

 

 

 

 

 

0

 

Total Disbursements

 

0

 

1,795,765

 

0

 

0

 

1,795,765

 

 

 

 

 

 

 

 

 

 

 

 

 

Net Cash Flow (Receipts Less Disbursements)

 

0

 

(61,696

)

0

 

0

 

(61,696

)

 

 

 

 

 

 

 

 

 

 

 

 

Cash End of Month

 

0

 

(59,963

)

0

 

50,000

 

(9,963

)

 

The Following Section Must Be Completed

 

Disbursements For Calculating U.S. Trustee Quarterly Fees (From Current Month Actual Column)

 

Total Disbursements

 

1,795,765

 

Less: Transfers To Debtor In Possession Accounts

 

0

 

Add: Disbursements made by Sea Containers Ltd on behalf of Sea Containers Services Ltd

 

10,000

 

Total Disbursements For Calculating U.S. Trustee Quarterly Fees

 

1,805,765

 

 

Reconciliation books to ledger

 

USD $

 

Cash in bank at the end of the month

 

(9,963

)

Petty Cash

 

7,963

 

Balance per Sea Containers Services Financials January 31, 2008

 

(2,000

)

 

4



 

BANK RECONCILIATIONS

 

The Debtors confirm and attest that all bank reconciliations have been performed for Sea Containers Ltd. and Sea Containers Services Ltd.

 

Bank reconciliations are not applicable to Sea Containers Caribbean Inc. because it does not have any bank accounts.

 

5



 

SEA CONTAINERS LTD

 

BALANCE SHEET

 

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

 

Jan 31,

 

Oct 15,

 

 

 

Note

 

2008

 

2006

 

 

 

 

 

 

 

 

 

Assets

 

 

 

 

 

 

 

Current assets

 

 

 

 

 

 

 

Cash and cash equivalents

 

 

 

$

39,658,002

 

$

50,100,986

 

Trade receivables - less allowances for bad and doubtful accounts of $1.125 million

 

(8)

 

383,132

 

1,955,441

 

Due from related parties

 

(4)

 

678,431

 

13,481,857

 

Prepaid expenses and other current assets

 

 

 

994,315

 

1,718,439

 

Total current assets

 

 

 

41,713,880

 

67,256,723

 

 

 

 

 

 

 

 

 

Fixed assets, net

 

(5)

 

 

 

 

 

 

 

 

 

 

 

Long-term equipment sales receivable, net

 

(5)

 

 

 

Investment in group companies

 

(2)

 

143,546,856

 

 

Intercompany receivables

 

(3)

 

 

 

Investment in equity ownership interests

 

(6)

 

221,581,242

 

197,742,498

 

Other assets

 

(7)

 

3,395,155

 

3,424,161

 

Total assets

 

(1)

 

$

410,237,133

 

$

268,423,382

 

 


(1) Sea Containers Ltd does not produce Company only accounts. This statement of assets represents Sea Containers Group’s internal accounting, on an unaudited and uncertified basis. As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007,September 30, 2007 and December 31, 2007. In order to facilitate the preparation of Sea Containers Ltd and Sea Container Services Limited’s October 15, 2006 balance sheet, it was necessary to make certain assumptions and estimates. The certification and audit process for Sea Container Services Limited at December 31, 2005 and December 31, 2006 year ends may result in adjustments to the above stated assets. The foreign exchange rates used to translate January 31, 2008, December 31, 2007, and October 15, 2006 were $1.97, $1.99 and $1.87 respectively.

 

(2) The parent Company for the Sea Containers Group, Sea Containers Ltd, at January 31, 2008 had an amount of $496,702,599 recorded in its books as an investment in subsidiary companies. Sea Containers Ltd is presently undergoing an exercise to ascertain the value contained within its subsidiaries that will become available to Sea Containers Ltd. Management’s current view is that this investment is significantly impaired; therefore, whilst this exercise is underway, Sea Containers Ltd feels it appropriate to make full provision against the investment in subsidiaries, except as noted below.

 

On July 24, 2007, Sea Containers Ltd entered into a loan facility to repay existing indebtedness of its subsidiary, Sea Containers SPC Ltd (“SPC”), thereby avoiding a foreclosure by the lenders to SPC and preserving value in its container fleet and control over these assets. This was financed through a capitalisation by Sea Containers Limited in SPC Holdings Ltd and SPC Holdings Ltd in SPC for $143,546,856 in both cases. Therefore an investment to this value is now disclosed on Sea Containers Limited’s balance sheet.

 

(3) The Sea Containers Group has a highly complex intercompany matrix that involves a large number of amounts receivable and payable. These are held as gross figures within the individual company accounting records but are netted off for the purposes of external presentation. Sea Containers Ltd is in the process of evaluating all intercompany receivables and payables as part of its exercise to ascertain value held in subsidiary companies. Sea Containers Ltd has a net intercompany receivable from its direct and indirect subsidiaries of $504,380,414. This represents a gross intercompany receivable of $1,696,048,964 and a gross intercompany payable of $1,191,668,550. Full provision has been made against this net amount whilst the exercise to ascertain value is underway. It is possible that individual subsidiaries may have a claim against Sea Containers Ltd and the netting off exercise in Sea Containers Ltd’s accounts is not prejudicial to any such claim that a subsidiary may have.

 

Since January 2007 Sea Containers Ltd has included adjustments to its inter company balances that arose as a result of UK statutory reporting requirements. This resulted in changes to certain inter company balances previously stated on the detailed inter company schedule. These changes did not impact on the Sea Containers Ltd balance sheet, due to the company’s policy to fully provide against its net inter company balances and therefore Sea Containers Ltd has not restated its previously filed monthly operating reports.

 

(4) As part of the claims process referred to in note (13) of this MOR, GE SeaCo made a claim in respect of trading balances due from Sea Containers Ltd. The claim acknowledged that there were also balances due from GE SeaCo to Sea Containers Ltd. but did not reduce the amount of the claim in respect of these amounts. Sea Containers Ltd. and the other debtor entities, Sea Containers Services Ltd. and Sea Containers Caribbean Inc. together with GE SeaCo have agreed to resolve this claim outside of the Bankruptcy Court process by entering into a global group Settlement of all balances due between the Sea Containers group of companies and the GE SeaCo group of companies. This settlement will take the form of a stipulated net balance between the two groups of companies as at June 30 2007. The stipulated balance as at June 30, 2007 is estimated to be $4,299,882 due from GE SeaCo to the Sea Containers group. The balance is, however, reduced by amounts received from GE SeaCo companies since June 30, 2007 and the net stipulated balance after receipt of cash was $665,851 at June 30, 2007 and is $678,431 at January 31, 2008, which represents the stipulated balance of $665,851 and transactions between SCL and GE SeaCo of $12,580.

 

6



 

It is anticipated within the stipulation that the net balance will be received in due course by Sea Containers Ltd. on behalf of the Sea Containers group. As part of the stipulation process, the other companies within the Sea Containers group including the other debtor entities, will assign any receivable or payable balances that they held with any GE SeaCo company at 30 June 2007 to Sea Containers Ltd. and this will be accounted for through an adjustment to their inter-company balance with Sea Containers Ltd. and this anticipated treatment is reflected within this MOR. The company is in the process of obtaining the necessary consents and approvals to formalise these arrangements between Sea Containers Ltd and its subsidiary companies and GE SeaCo.

 

All transactions between Sea Containers group companies and GE SeaCo group companies that have occurred subsequent to the stipulation date of June 30, 2007, are reflected within the individual accounts of the group companies and are not subject to a Global Settlement.

 

(5) Fixed assets and long-term equipment sales receivable relate to containers. On October 3, 2006, SCL transferred the majority of these containers to a Special Purpose Company wholly owned by SCL to enable refinancing of the container fleet. These containers were transferred at Net Book Value. On October 12, 2006, the remaining assets were sold to a third party.

 

(6) This balance consists of the carrying value of SCL’s investment in GE SeaCo and reflects GE SeaCo’s year end financial statement for the year ended December 31, 2006, reported results for Quarters 1 to 3, 2007 (as to which certain adjustments have been made, as described below) and estimated results for Quarter 4, 2007 and January 2008.

 

GE SeaCo has asserted claims against Sea Containers SPC Ltd and SCL in the amount of approximately $18m plus interest. The asserted claim is in relation to the Equipment Management Agreement (“EMA”) under which GE SeaCo manages certain of the company’s containers, subject to the EMA. The validity and accuracy of the claim has yet to be assessed. GE SeaCo has withheld and has indicated it will continue to withhold monies that would otherwise have been payable to Sea Containers SPC Ltd. under the EMA until it has retained the full amount that is claimed to be due to GE SeaCo. GE SeaCo has also reserved its rights to claim directly against SCL. SCL has not accepted the claim and the matter has gone to arbitration. The Q1 2007 results, as reported by GE SeaCo have, therefore, been adjusted to exclude the financial impact of the claim before inclusion in financial statements. Had the claim been accepted, SCL’s share of the GE SeaCo adjusted revenue would have increased by $6,718,000, and SCL would have reported an increase in its investment in GE SeaCo by the same amount. Additionally, for reasons set out above, Sea Containers Ltd has not recorded a liability to GE SeaCo in respect of this claim.

 

(7) $2,324,208 of the Other Assets balance represents the unamortized part of capitalised finance costs in relation to certain of Sea Containers Ltd’s senior loan notes that were outstanding at January 31, 2008. The loan notes will be amortised up to maturity (between March 2008 and June 2012) at a monthly rate of some $75,000. If the loan notes, which are disclosed as being due in less than one year, are repaid then the balance of the unamortized capitalised finance costs will be expensed to the Statement of Operations.

 

Of the remaining Other Assets balance, $1,070,947 represents the unamortized part of the original issue discount and other costs, in relation to the Debtor in Possession (“DIP”) loan facility of $145 million, and which are being amortised over 2 years.

 

(8) The Company has recently completed a full bad debt review. Prior to this review it was the Company’s policy to fully provide against all trade receivables. The Company now only provides a provision for specific bad and doubtful debts.

 

7



 

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

 

Jan-31

 

Oct-15

 

 

 

Note

 

2008

 

2006

 

 

 

 

 

 

 

 

 

Liabilities and shareholders’ equity

 

 

 

 

 

 

 

Current liabilities

 

 

 

 

 

 

 

Accounts payable

 

 

 

$

10,890,523

 

$

3,372,476

 

Accrued expenses

 

(14)

 

69,398,067

 

22,843,429

 

Current portion of long-term debt

 

(12), (14)

 

173,372,703

 

25,926,107

 

Current portion of senior notes

 

(14)

 

385,464,350

 

384,938,936

 

Total current liabilities

 

 

 

639,125,643

 

437,080,948

 

 

 

 

 

 

 

 

 

Total shareholders’ equity

 

(11)

 

(228,888,510

)

(168,657,566

)

Total liabilities and shareholders’ equity

 

(9), (10), (13)

 

$

410,237,133

 

$

268,423,382

 

 


(9) Sea Containers Ltd does not produce Company only accounts. This statement of liabilities represents Sea Containers Group’s internal accounting, on an unaudited and uncertified basis. As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007,September 30, 2007 and December 31, 2007. In order to facilitate the preparation of Sea Containers Ltd and Sea Container Services Limited’s October 15, 2006 balance sheet, it was necessary to make certain assumptions and estimates. The certification and audit process for Sea Container Services Limited at December 31, 2005 and December 31, 2006 year ends may result in adjustments to the above stated assets. The foreign exchange rates used to translate January 31, 2008, December 31, 2007, and October 15, 2006 were $1.97, $1.99 and $1.87 respectively.

 

(10) On July 3, 2007, the Determinations Panel of the United Kingdom government Pensions Regulator (which regulates employment-based pension plans in the UK and aims to protect the benefits of members of UK pension plans) published notices of its decision that a Financial Support Direction (FSD) will be issued against Sea Containers Ltd. under Section 43 of the Pensions Act 2004 in respect of the Sea Containers 1983 Pension Scheme (the “1983 Scheme”) and the Sea Containers 1990 Pension Scheme (the “1990 Scheme”) (together the “Schemes”). The hearing before the Determination Panel took place on 12 and 13 June 2007 to consider the warning notices issued by the Regulator in October 2006 and April 2007 in respect of the two Pension Schemes.

 

On July 24, 2007, Sea Containers Ltd announced that it had lodged an appeal in respect of the Determination Notices issued by the Determinations Panel of the Pension Regulator on June 15, 2007. The appeal contested the Panel’s decision that FSDs should be issued against Sea Containers Ltd under section 43 of the Pensions Act 2004 in respect of the two Pension Schemes. It has always been Sea Containers Ltd’s expectation that any restructuring plan of reorganization proposed under the Chapter 11 bankruptcy protection process would be subject to the Pensions Regulator’s Clearance procedure.

 

On February 6, 2008, Sea Containers Ltd announced that it had reached a settlement in principle with the Trustees of the two Pension Schemes to agree the amount of their claims against the Sea Containers estate. Under the agreement, the Trustees would have a claim of approximately $200 million recognized in the Company’s Chapter 11 proceedings. The agreement in principle will also create an additional reserve of $69 million for certain potential pension scheme liabilities in respect of age-related equalization changes.

 

In connection with this important agreement, Sea Containers Ltd has withdrawn its appeal against the Financial Support Direction (FSD). Sea Containers Ltd considers that the settlement will adequately address any FSD and that the current legal proceedings would be of no further benefit. Sea Containers Ltd, alongside the Trustees, will be seeking approval from the Pensions Regulator for the proposed settlement, which is also subject to Bankruptcy Court approval. The settlement has not been reflected in the accounts of Sea Containers Ltd or Sea Containers Services Ltd as it is still subject to documentation and regulatory approvals.

 

On July 9, 2007 the Pensions Regulator notified the Company that it was considering commencing further financial support proceedings against Sea Containers Ltd, with regards to other participating employers in the 1983 Scheme and 1990 Scheme. It is the Company’s intention that such proceedings, if they are brought, will be defended.

 

8



 

(11)  Shareholders’ Equity is calculated after all adjustments that have been noted in notes (1) to (10) above.  In particular, the treatment of investments in group companies and net intercompany receivables as discussed in notes (2), (3) and (4) have a material effect on Shareholders’ Equity. Any adjustment to this policy which may arise on completion of the exercise to ascertain value held in subsidiary companies and the associated evaluation of intercompany receivables and payables may have a material impact on Shareholders’ Equity as stated.

 

(12)  The Current portion of long term debt consists of loans from Trilogy Portfolio LLC, for a ship acquisition and Silverpoint, for a share acquisition.

 

On July 24, 2007 Sea Containers Ltd closed its Debtor in Possession (“DIP”) loan facility of $145 million, having obtained Court approval on June 26. The Company entered into the facility to repay existing indebtedness of its subsidiary, Sea Containers SPC Ltd (“SPC”), thereby avoiding a foreclosure by the lenders to SPC and preserving value in its container fleet and control over these assets. The DIP facility also provides a $25 million revolving credit facility for working capital purposes, which was undrawn as at January 31, 2008, for the duration of the Chapter 11 case.

 

(13)  As a result of the Claims Bar Date on July 16, 2007, numerous parties including GE and GE SeaCo have filed proofs of claims in the bankruptcy cases. The Debtors currently are in the process of evaluating these proofs of claim and the claims asserted therein, including GE SeaCo’s EMA-related claim discussed above. The MOR does not reflect any analysis of, nor does it incorporate, such proofs of claim or the claims asserted therein.

 

(14)  In accordance with US GAAP, FAS 140, para 16, Sea Containers Ltd has continued to accrue interest on senior notes due. The total accrual included within this MOR for interest on senior notes due is $61,625,410 and the total accrual within this MOR for interest on the current portion on long term debt is $4,102,137. This represents interest accruing post petition and may not reflect the treatment of such interest under the provision of the Bankruptcy Code.

 

9



 

SEA CONTAINERS LTD

 

STATEMENT OF OPERATIONS

 

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

 

 

 

For the period

 

 

 

 

 

One Month Ended

 

Oct 16, 2006 to Jan 31,

 

 

 

Note

 

Jan 31, 2008

 

2008

 

 

 

 

 

 

 

 

 

Revenue

 

(16)

 

$

2,451,833

 

$

34,970,662

 

 

 

 

 

 

 

 

 

Costs and expenses:

 

 

 

 

 

 

 

Operating income

 

 

 

 

5,948,939

 

Selling, general and administrative expenses

 

(19)

 

(1,171,148

)

(51,466,482

)

Professional fees

 

(18)

 

(4,094,101

)

(37,904,206

)

Charges against intercompany accounts

 

(17)

 

(104,214,620

)

165,579,262

 

Impairment of investment in subsidiary companies

 

(17)

 

62,183,442

 

(109,762,138

)

Forgiveness of intercompany debt

 

 

 

 

(16,482,588

)

Depreciation and amortization

 

 

 

 

(58,677

)

Total costs and expenses

 

 

 

(47,296,427

)

(44,145,890

)

 

 

 

 

 

 

 

 

Loss on sale of assets

 

 

 

 

(1,911,437

)

 

 

 

 

 

 

 

 

Operating loss

 

 

 

(44,844,594

)

(11,086,665

)

 

 

 

 

 

 

 

 

Other income (expense)

 

 

 

 

 

 

 

Investment income

 

 

 

117,358

 

8,472,003

 

Foreign exchange losses

 

 

 

19,496

 

(358,500

)

Interest expense, net of capitalized interest

 

 

 

(4,873,280

)

(61,634,041

)

 

 

 

 

 

 

 

 

Loss before taxes

 

 

 

(49,581,020

)

(64,607,203

)

 

 

 

 

 

 

 

 

Income tax expense

 

(20)

 

(135,150

)

(8,518,664

)

 

 

 

 

 

 

 

 

Loss after taxes

 

(13)

 

$

(49,716,170

)

$

(73,125,867

)

 


(15)  Sea Containers Ltd does not produce Company only accounts. This statement of operations represents Sea Containers Group’s internal accounting, on an unaudited and uncertified basis. As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007,September 30, 2007 and December 31, 2007.  In order to facilitate the preparation of Sea Containers Ltd and Sea Container Services Limited’s October 15, 2006 balance sheet, it was necessary to make certain assumptions and estimates. The certification and audit process for Sea Container Services Limited at December 31, 2005 and December 31, 2006 year ends may result in adjustments to the above stated assets. The foreign exchange rates used to translate January 31, 2008, December 31, 2007, and October 15, 2006 were $1.97, $1.99 and $1.87 respectively.

 

(16)  Revenue, in respect of Sea Containers Ltd’s equity interest in GE SeaCo totals $2,054,083 for the month which is GE SeaCo’s estimated results for January 2008. Revenue also includes income of $397,750 for the company’s joint venture of the pool fleet with GE SeaCo for the month which is an estimate of January 2008 results. GE SeaCo is expected to report audited results for the 12 months to December 31, 2007 in March 2008.  Consequently, the estimates of GE SeaCo’s financial performance for the period Oct 16, 2006 to January 31, 2008 included in this MOR are expected to be adjusted when actual results for the 12 months ended December 31, 2007 are known.

 

(17)  Sea Containers Ltd’s policy prior to the bankruptcy filing date was to make provisions for the net receivable due from Sea Containers Ltd Group’s subsidiary companies. The change in the month above, relates to an increase in the net receivable balance due from group companies in the month, which have been written back in accordance with note 3. The main variances are due to foreign exchange movements, the recharging of professional fees, the transfer of proceeds on the sale of the Finnjet and the redemption of the share capital of a subsidiary company.

 

Following the US bankruptcy court approval on July 16, 2007, in late December 2007, Sea Containers Finance Ireland Limited (“SCFI”), a direct subsidiary of Sea Containers Ltd, undertook, by way of an assignment agreement, the return of capital to Sea Containers Ltd. SCFI assigned the benefit of a facility agreement it had with Ferry and Port Holdings Limited, a fellow Sea Containers group company, in consideration for which Sea Containers Ltd returned all but one share of its total shareholding in SCFI. As mentioned in note 2, Sea Containers Ltd makes full provision for its investments in subsidiaries except where specifically noted and, therefore, has released the provision previously made in relation to its investment in SCFI, which has resulted in a credit of $62,183,442 in this operating statement.

 

10



 

(18)  During the month the review of the allocation of professional fees between Sea Containers Ltd and Sea Containers Services Ltd (and other Group companies) for the period January 1 2006 to September 30 2007 was completed. The allocation of professional fees for  the period October 1 to December 31 2007, is under review.

 

Included as ‘Professional fees’ within the December Monthly Operating Report was a cumulative total of $56,293,694. During January 2008, an additional $4,094,101 has been expensed by Sea Containers Ltd. The cumulative total for the period October 16 2006 to January 31 2008 has been reduced by a recharge of $22,483,589 to other Group companies including $17,866,757 recharged to Sea Containers Services Ltd. The total adjustment credited to the reserves of Sea Containers Ltd is $25,666,589 which includes $3,183,000 of pre petition non Chapter 11 related professional fees more appropriately allocated to Sea Containers Services Ltd.

 

In December 2007, a decision reached by an arbitrator regarding litigation between Sea Containers Ltd and General Electric, awarded reimbursement of costs to the benefit of Sea Containers Ltd. Once the costs have been assessed and received they will be credited against professional fees in the Statement of Operations.

 

Recharges made between Sea Containers Ltd and Sea Containers Services Ltd have been adjusted through the intercompany account between the two companies in all cases.

 

(19)  Selling, general and administrative expenses, for January 2008, includes a recharge of costs via a management fee from Sea Containers Services Limited of $995,000.

 

(20)  The previously reported “ discussion with the fiscal authority”  was a settlement negotiation for additional UK tax liabilities for GE SeaCo for fiscal periods up to and including December 31, 2005. This matter has been resolved at amounts similar to that provided by GE SeaCo in their estimated results for the 12 months ended December 31, 2007.

 

11



 

SEA CONTAINERS SERVICES

 

BALANCE SHEET

 

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

 

January 31,

 

October 15,

 

 

 

Note

 

2008

 

2006

 

 

 

 

 

 

 

 

 

Assets

 

 

 

 

 

 

 

Current assets

 

 

 

 

 

 

 

Cash and cash equivalents

 

 

 

$

(2,000

)

$

274,533

 

Trade receivables

 

 

 

16,842

 

419,162

 

Due from related parties (GE SeaCo)

 

(3)

 

671,561

 

4,805,049

 

Prepaid expenses and other current assets

 

 

 

2,605,321

 

14,242,003

 

Total current assets

 

 

 

3,291,724

 

19,740,747

 

 

 

 

 

 

 

 

 

Fixed assets, net

 

 

 

24,966

 

3,410,461

 

 

 

 

 

 

 

 

 

Investments

 

 

 

2,650,462

 

2,515,920

 

Intercompany receivables

 

(2)

 

32,094,836

 

29,746,215

 

Other assets

 

 

 

0

 

14,975

 

Total assets

 

(1)

 

$

38,061,988

 

$

55,428,318

 

 


(1) This statement of assets represents Sea Containers Group’s internal accounting, on an unaudited and uncertified basis. As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007,September 30, 2007 and December 31, 2007.  In order to facilitate the preparation of Sea Containers Ltd and Sea Container Services Limited’s October 15, 2006 balance sheet, it was necessary to make certain assumptions and estimates. The certification and audit process for Sea Container Services Limited at December 31, 2005 and December 31, 2006 year ends may result in adjustments to the above stated assets. The foreign exchange rates used to translate January 31, 2008, December 31, 2007, and October 15, 2006 were $1.97, $1.99 and $1.87 respectively.

 

(2) Sea Containers Services Ltd. has net intercompany receivables of $32,094,836. This represents gross intercompany receivables of $112,048,876 and gross intercompany payables of $79,954,040. The Sea Containers Group has a highly complex intercompany accounting process. The Sea Containers Group is currently in the process of evaluating all intercompany receivables and payables as part of its exercise to ascertain value held in subsidiary companies. Whilst this exercise remains ongoing Sea Containers Services Ltd. regards it as appropriate to reflect the full intercompany receivables and payables within its Balance Sheet on a net basis but it is possible that a full or partial provision against its intercompany balances will be required on completion of the evaluation.

 

(3) As part of the claims process referred to in note (6) of this MOR, GE SeaCo made a claim in respect of trading balances due from Sea Containers Ltd. The claim acknowledged that there were also balances due from GE SeaCo to Sea Containers Ltd, but did not reduce the amount of the claim in respect of these amounts. Sea Containers Ltd and the other debtor entities, Sea Containers Services Limited and Sea Containers Caribbean Inc. together with GE SeaCo have agreed to resolve this claim outside of the Bankruptcy Court process by entering into a global group Settlement of all balances due between the Sea Containers group of companies and the GE SeaCo group of companies. This settlement will take the form of a stipulated net balance between the two groups of companies as at June 30 2007. The stipulated balance as at June 30, 2007 is estimated to be $4,299,882 due from GE SeaCo to the Sea Containers group. The balance is, however, reduced by amounts received from GE SeaCo companies since June 30, 2007 and the net stipulated balance after receipt was $665,851 at June 30, 2007 and is $678,431 at January 31, 2008, which represents the stipulated balance of $665,851 and transactions between SCL and GE SeaCo of $12,580.

 

12



 

It is anticipated within the stipulation that the net balance will be received in due course by Sea Containers Ltd. on behalf of the Sea Containers group. As part of the stipulation process, the other companies within the Sea Containers group including the other debtor entities, will assign any receivable or payable balances that they held with any GE SeaCo company at June 30, 2007 to Sea Containers Ltd and this will be accounted for through an adjustment to their inter-company balance with Sea Containers Ltd and this anticipated treatment is reflected within this MOR. We are in the process of obtaining the necessary consents and approvals to formalise these arrangements between Sea Containers Ltd and its subsidiary companies and GE SeaCo and expect to do so in due course.

 

All transactions between Sea Containers group companies and GE SeaCo group companies that have occurred subsequent to the stipulation date of June 30, 2007, are reflected within the individual accounts of the group companies and are not subject to a Global Settlement.

 

The amount reflected in this MOR as due from Related Parties consists of a balance of $671,561 in respect of Q4 S,G&A services provided to GE SeaCo for which payment has not yet been received.

 

13



 

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

 

January 31,

 

October 15,

 

 

 

Note

 

2008

 

2006

 

 

 

 

 

 

 

 

 

Liabilities and shareholders’ equity

 

 

 

 

 

 

 

Current liabilities

 

 

 

 

 

 

 

Accounts payable

 

 

 

$

736,094

 

$

1,198,421

 

Accrued expenses

 

 

 

1,098,762

 

5,736,956

 

Current portion of long-term debt

 

 

 

1,499,842

 

1,807,527

 

Total current liabilities

 

 

 

3,334,698

 

8,742,904

 

 

 

 

 

 

 

 

 

Total shareholders’ equity

 

 

 

34,727,290

 

46,685,414

 

Total liabilities and shareholders’ equity

 

(4), (5), (6)

 

$

38,061,988

 

$

55,428,318

 

 


(4) This statement of liabilities reflects Sea Containers Group’s internal accounting, on an unaudited and uncertified basis. As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007,September 30, 2007 and December 31, 2007.  In order to facilitate the preparation of Sea Containers Ltd and Sea Container Services Limited’s October 15, 2006 balance sheet, it was necessary to make certain assumptions and estimates. The certification and audit process for Sea Container Services Limited at December 31, 2005 and December 31, 2006 year ends may result in adjustments to the above stated assets. The foreign exchange rates used to translate January 31, 2008, December 31, 2007, and October 15, 2006 were $1.97, $1.99 and $1.87 respectively.

 

(5) On July 3, 2007 the Determinations Panel of the United Kingdom government Pensions Regulator (which regulates employment-based pension plans in the UK and aims to protect the benefits of members of UK pension plans) published notices of its decision that a Financial Support Direction (FSD) will be issued against Sea Containers Ltd. under Section 43 of the Pensions Act 2004 in respect of the Sea Containers 1983 Pension Scheme (the “1983 Scheme”) and the Sea Containers 1990 Pension Scheme (the “1990 Scheme”) (together the “Schemes”). The hearing before the Determination Panel took place on 12 and 13 June 2007 to consider the warning notices issued by the Regulator in October 2006 and April 2007 in respect of the two Pension Schemes.

 

On July 24, 2007, Sea Containers Ltd announced that it had lodged an appeal in respect of the Determination Notices issued by the Determinations Panel of the Pension Regulator on June 15, 2007. The appeal contested the Panel’s decision that FSDs should be issued against Sea Containers Ltd under section 43 of the Pensions Act 2004 in respect of the two Pension Schemes. It has always been Sea Containers Ltd’s expectation that any restructuring plan of reorganization proposed under the Chapter 11 bankruptcy protection process would be subject to the Pensions Regulator’s Clearance procedure.

 

On February 6, 2008, Sea Containers Ltd announced that it had reached a settlement in principle with the Trustees of  the two Pension Schemes to agree the amount of their claims against the Sea Containers estate. Under the agreement, the Trustees would have a claim of approximately $200 million recognized in the Company’s Chapter 11 proceedings. The agreement in principle will also create an additional reserve of $69 million for certain potential pension scheme liabilities in respect of age-related equalization changes.

 

In connection with this important agreement, Sea Containers Ltd has withdrawn its appeal against the Financial Support Direction (FSD).  Sea Containers Ltd considers that the settlement will adequately address any FSD and that the current legal proceedings would be of no further benefit. Sea Containers Ltd, alongside the Trustees, will be seeking approval from the Pensions Regulator for the proposed settlement, which is also subject to Bankruptcy Court approval.  The settlement has not been reflected in the accounts of Sea Containers Ltd or Sea Containers Services Limited as it is still subject to documentation and regulatory approvals.

 

On July 9, 2007 the Pensions Regulator notified the Company that it was considering commencing further financial support proceedings against Sea Containers Ltd, with regards to other participating employers in the 1983 Scheme and 1990 Scheme. It is the Company’s intention that such proceedings, if they are brought, will be defended.

 

14


 


 

(6) As a result of the Claims Bar Date on July 16, 2007, numerous parties including GE and GE SeaCo have filed proofs of claims in the bankruptcy cases. The Debtors currently are in the process of evaluating these proofs of claim and the claims asserted therein, including GE SeaCo’s EMA-related claim discussed above. The MOR does not reflect any analysis of, nor does it incorporate, such proofs of claim or the claims asserted therein.

 

15



 

SEA CONTAINERS SERVICES

 

STATEMENT OF OPERATIONS

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

One Month Ended

 

Period Oct 16, 2006

 

 

Note

 

Jan 31, 2008

 

to Jan 31, 2008

 

 

 

 

 

 

 

 

Revenue

 

 

$

1,009,298

 

$

44,113,509

 

 

 

 

 

 

 

 

Costs and expenses:

 

 

 

 

 

 

Selling, general and administrative expenses

 

 

(463,003

)

(32,646,896

)

Professional fees

(8)

 

(473,052

)

(22,690,769

)

Depreciation & amortization

 

 

(2,403

)

(3,359,917

)

Total costs and expenses

 

 

(938,459

)

(58,697,581

)

 

 

 

 

 

 

 

Gains on sale of assets

 

 

 

28,517

 

 

 

 

 

 

 

 

Operating income/(loss)

 

 

70,839

 

(14,555,556

)

 

 

 

 

 

 

 

Other income (expense)

 

 

 

 

 

 

Interest income

 

 

 

9,962

 

Foreign exchange gains or (losses)

 

 

349

 

(169,438

)

Interest expense, net of capitalized interest

 

 

(14,290

)

(268,971

)

 

 

 

 

 

 

 

Income/(loss) before taxes

 

 

56,898

 

(14,984,003

)

Income tax credit

(9)

 

 

2,514,974

 

Net income/(loss)

(7)

 

$

56,897

 

$

(12,469,029

)

 


(7) This statement of operations reflects Sea Containers Group’s internal accounting, on an unaudited and uncertified basis. As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006, December 31, 2006, March 31, 2007, June 30, 2007,September 30, 2007 and December 31, 2007.  In order to facilitate the preparation of Sea Containers Ltd and Sea Container Services Limited’s October 15, 2006 balance sheet, it was necessary to make certain assumptions and estimates. The certification and audit process for Sea Container Services Limited at December 31, 2005 and December 31, 2006 year ends may result in adjustments to the above stated assets. The foreign exchange rates used to translate January 31, 2008, December 31, 2007, and October 15, 2006 were $1.97, $1.99 and $1.87 respectively.

 

(8) As at January 31, 2008 professional fees totalling $22,690,769 have been expensed. During the month $473,052 was expensed.

 

During the month the review of the allocation of professional fees between Sea Containers Ltd and Sea Containers Services Ltd (and other Group companies) for the period January 1, 2006 to September 30, 2007 was completed. The allocation of professional fees, for the period October 1 to December 31, 2007, is under review.

 

As a result of this review, a total of $21,049,757 of costs previously charged to Sea Containers Ltd has been recharged to Sea Containers Services Ltd. Of this amount, $17,866,757 relates to professional fees arising as a result of the Chapter 11 process and is now included within the total professional fees of $22,690,769. An additional $3,183,000 of pre petition non Chapter 11 related professional fees have also been charged to the reserves of Sea Containers Services Ltd.

 

Recharges made between Sea Containers Ltd and Sea Containers Services Ltd have been adjusted through the intercompany account between the two companies in all cases.

 

(9) The income tax credit for the period October 16, 2006 to January 31, 2008 consists of current tax credit of $2,514,974.

 

As part of a review of the allocation of professional fees, the carrying value of the estimated current tax credit in the statement of operations is under review.

 

16



 

SEA CONTAINERS CARIBBEAN

 

BALANCE SHEET

 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

January 31,

 

October 15,

 

 

Note

 

2008

 

2006

 

 

 

 

 

 

 

 

Assets

 

 

 

 

 

 

Current assets

 

 

 

 

 

 

Cash and cash equivalents

 

 

$

 

$

 

Deferred tax

 

 

 

 

Due from related parties

 

 

 

 

Prepaid expenses and other current assets

 

 

 

 

Total current assets

 

 

 

 

 

 

 

 

 

 

 

Fixed assets, net

 

 

 

 

 

 

 

 

 

 

 

Investments

 

 

 

 

Intercompany receivables

 

 

 

 

Other assets

 

 

 

 

 

 

 

 

 

 

 

Total assets

(1)

 

$

 

$

 

 


(1) This statement of assets represents Sea Containers Group’s internal accounting, on an unaudited and uncertified basis.  As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006 December 31, 2006, March 31, 2007, June 30, 2007, September 30, 2007 and December 31, 2007. The certification and audit process may result in adjustments to the above stated assets. Sea Containers Caribbean Inc. has not traded in the last twelve months.

 

17



 

 

 

 

Unaudited

 

Unaudited

 

 

 

 

January 31

 

October 15,

 

 

Note

 

2008

 

2006

 

 

 

 

 

 

 

 

Liabilities and shareholders’ equity

 

 

 

 

 

 

Current liabilities

 

 

 

 

 

 

Accounts payable

 

 

$

3,530,094

 

$

3,530,094

 

Accrued expenses

 

 

 

 

 

Current portion of long-term debt

 

 

 

 

 

Total current liabilities

 

 

3,530,094

 

3,530,094

 

 

 

 

 

 

 

 

Total shareholders’ equity

 

 

(3,530,094

)

(3,530,094

)

 

 

 

 

 

 

 

Total liabilities and shareholders’ equity

(2)

 

$

 

$

 

 


(2) This statement of liabilities represents Sea Containers Group’s internal accounting, on an unaudited and uncertified basis.  As of January 31, 2008, Sea Containers Ltd has not filed its form 10-K report for fiscal year ended December 31, 2005, nor has it filed form 10-Q reports for the quarters ended March 31, 2006, June 30, 2006, September 30, 2006 December 31, 2006, March 31, 2007, June 30, 2007, September 30, 2007 and December 31, 2007. The certification and audit process may result in adjustments to the above stated assets. Sea Containers Caribbean Inc. has not traded in the last twelve months.

 

18



 

SCL Intercompany Balance As At

 

 

 

January 31

 

December 31

 

 

 

 

 

2008

 

2007

 

Movement

 

 

 

$

 

$

 

$

 

Receivable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SC British Isles

 

121,376,286

 

122,601,009

 

(1,224,723

)

Fairways and Swinford

 

124,094

 

0

 

124,094

 

SC Services

 

75,841,910

 

54,805,324

 

21,036,586

 

GNER Holdings

 

1,679,403

 

0

 

1,679,403

 

SC America Inc

 

8,441,463

 

8,443,801

 

(2,338

)

SPC

 

100,714,205

 

100,619,825

 

94,380

 

SC Brasilia

 

10,554,575

 

10,554,575

 

0

 

SC Australia

 

160,307

 

0

 

160,307

 

Mobilbox

 

182

 

182

 

0

 

Strider 2

 

4,222,504

 

4,222,504

 

0

 

Vessel Holdings 3

 

7,644,985

 

7,644,985

 

0

 

Strider 9

 

1,938,178

 

1,938,178

 

0

 

Strider 10

 

8,821,179

 

8,821,179

 

0

 

Hyde Park Containers

 

7,199

 

7,360

 

(161

)

Melbourne Park containers

 

5,685

 

5,534

 

151

 

IRS NZ

 

3,805

 

4,138

 

(333

)

Cooltainers

 

25

 

25

 

0

 

Technitank

 

600,000

 

600,000

 

0

 

Boxer 2

 

2,731,302

 

2,731,302

 

0

 

Boxer 3

 

13,419,698

 

13,419,698

 

0

 

Contender 1

 

36,712,498

 

36,712,498

 

0

 

West Australia Line

 

1,222,855

 

1,222,855

 

0

 

Seacat Limited

 

399,069

 

414,366

 

(15,297

)

SC Ropax

 

3,302,490

 

3,286,128

 

16,362

 

Fast Ferries Ltd

 

6,654,196

 

6,721,751

 

(67,555

)

Nagara Tam

 

854,524

 

854,524

 

0

 

Nagara Ltd

 

1,052,675

 

1,052,675

 

0

 

Seafast Management Services

 

63,965

 

63,965

 

0

 

Paulista Containers

 

26,259,964

 

25,999,963

 

260,001

 

CMCI

 

2,615,747

 

2,611,781

 

3,966

 

Brasiluvas Agricola

 

3,410,107

 

3,392,898

 

17,209

 

SC Properties

 

10,217,854

 

10,217,854

 

0

 

Vessel Holdings

 

2,390,777

 

2,390,777

 

0

 

Ferry & Port Holdings

 

995,399,128

 

921,479,113

 

73,920,015

 

SC Ferries

 

18,314

 

0

 

18,314

 

SeaCat 2

 

16,829,243

 

16,829,243

 

0

 

SeaCat 4

 

16,152,868

 

16,152,868

 

0

 

Expressnavigation

 

145,908

 

0

 

145,908

 

SC Mauritius

 

39,229

 

52,102

 

(12,873

)

Freight containers India

 

18

 

18

 

0

 

Super SeaCat 1

 

20,435,204

 

20,337,170

 

98,034

 

Super SeaCat 2

 

25,593,467

 

25,555,343

 

38,124

 

Super SeaCat 3

 

8,714,312

 

8,261,506

 

452,806

 

Super SeaCat 4

 

13,090,509

 

12,637,702

 

452,807

 

SeaCat Ltd

 

17,212,321

 

17,212,321

 

0

 

SC Finland (Ex Silja Holdings)

 

76,402,071

 

75,291,290

 

1,110,781

 

SeaCat 6

 

8,569,966

 

8,569,966

 

0

 

SeaCat 7

 

11,774,337

 

11,774,337

 

0

 

SC Opera

 

0

 

449,502

 

(449,502

)

SC Finnjet

 

15,646,991

 

20,428,505

 

(4,781,514

)

SC Treasury

 

16,225,828

 

15,874,503

 

351,325

 

SC Estonia

 

355,544

 

11,961

 

343,583

 

 

 

1,696,048,964

 

1,602,279,104

 

93,769,860

 

 

19



 

 

 

January 31

 

December 31

 

 

 

 

 

2008

 

2007

 

Movement

 

 

 

$

 

$

 

$

 

Payable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Illustrated London News

 

(19,673,076

)

(19,993,179

)

320,103

 

Super SeaCat Italia

 

(130

)

(130

)

0

 

SC Italia Holdings

 

(66,621

)

(66,621

)

0

 

SC Chartering

 

(58

)

(58

)

0

 

Yorkshire Marine Containers

 

(12,278,629

)

(12,413,503

)

134,874

 

SC Australia

 

0

 

(2,337

)

2,337

 

SC Iberia

 

(6,433,447

)

(6,289,135

)

(144,312

)

IRS pte

 

(10,333

)

(9,732

)

(601

)

SC UK

 

(1,002,893,345

)

(1,013,075,003

)

10,181,658

 

Burginhall 818

 

(39,402

)

(39,802

)

400

 

Contender 2

 

(5,116,079

)

(5,116,079

)

0

 

Atlantic Maritime Services

 

(2,591,280

)

(2,591,280

)

0

 

SeaCo Parts Inc

 

(45,451

)

(45,451

)

0

 

SC Asia Pte

 

(2,142

)

(2,142

)

0

 

Marine Container Insurance

 

(12,503,610

)

(12,453,610

)

(50,000

)

Societe Bananiere De Motobe

 

(808,713

)

(808,713

)

0

 

SC Holdings

 

(17,964,573

)

(18,146,954

)

182,381

 

SC Ports & Ferries

 

(80,676,352

)

(80,680,292

)

3,940

 

Liverpool Dublin

 

(42

)

(42

)

0

 

Hoverspeed GB

 

(3,132,273

)

(3,164,072

)

31,799

 

SC Finland Services

 

(21,421,463

)

(21,251,376

)

(170,087

)

SC Finance Ireland

 

(6,011,531

)

(5,963,799

)

(47,732

)

 

 

(1,191,668,550

)

(1,202,113,310

)

10,444,760

 

 

 

 

 

 

 

 

 

Net

 

504,380,414

 

400,165,794

 

104,214,620

 

 

20



 

Sea Containers Services Limited

Intercompany Balances

 

 

 

USD 1.97

 

USD 1.99

 

 

 

 

 

 

 

31 Jan

 

31 Dec

 

 

 

Movement

 

 

 

2008

 

2007

 

Movement

 

@ USD 1.97

 

 

 

£

 

£

 

£

 

$

 

Receivable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SC British Isles

 

23,727,556

 

23,727,556

 

 

 

Ferry & Port Holdings (incl ILN)

 

278,850

 

120,112

 

158,738

 

312,714

 

GNER

 

35,665

 

35,665

 

 

 

GNER Holdings

 

12,262

 

12,262

 

 

 

ILN + Sketch

 

25,580,923

 

25,580,923

 

 

 

YMCL

 

5,106,987

 

5,104,327

 

2,660

 

5,240

 

SC Maritime

 

1,114,664

 

1,114,664

 

 

 

PCML

 

7,672

 

7,672

 

 

 

Periandros

 

479,948

 

476,615

 

3,333

 

6,566

 

Newhaven Marina

 

192,714

 

192,714

 

 

 

SC House Management

 

151,733

 

168,483

 

(16,750

)

(32,998

)

SC America Inc

 

29,112

 

29,112

 

 

 

SC Railway Services

 

66,809

 

66,809

 

 

 

Superseacat Italia

 

92,707

 

0

 

92,707

 

182,633

 

Insurance Premiums to be recharged

 

0

 

208

 

(208

)

(410

)

 

 

 

 

 

 

 

 

 

 

 

 

56,877,602

 

56,637,122

 

240,480

 

473,746

 

 

 

 

 

 

 

 

 

 

 

Payable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCL

 

(38,486,516

)

(27,528,459

)

(10,958,057

)

(21,587,372

)

SC Property Services

 

(1,645,573

)

(1,645,573

)

 

 

Fairways & Swinford

 

(112,821

)

(112,821

)

 

 

SC Treasury

 

(28,544

)

(31,264

)

2,720

 

5,358

 

SC Finland

 

(312,353

)

(312,353

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(40,585,807

)

(29,630,470

)

(10,955,337

)

(21,582,014

)

 

 

 

 

 

 

 

 

 

 

 

 

16,291,795

 

27,006,652

 

(10,714,857

)

(21,108,268

)

 

 

 

 

 

 

 

 

 

 

 

 

$

 

$

 

 

 

 

 

Receivable

 

112,048,876

 

112,707,873

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payable

 

(79,954,040

)

(58,964,635

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

32,094,836

 

53,743,237

 

 

 

 

 

 

21



 

TAX PAYMENT ATTESTATION

 

Taxes

 

Pursuant to the Exempted Undertakings Tax Protection Act (Bermuda) 1966, Sea Containers Ltd., a company incorporated under the laws of Bermuda, is not subject to any tax on profits or income, or computed on any capital asset, gain or appreciation, or any tax in the nature of estate duty or inheritance.

 

Sea Containers Services Ltd. has paid post-petition tax payments as due.

 

Payroll Taxes Withheld and Paid

 

All payroll taxes of Sea Containers Services Ltd. have been fully paid for the period covered by this report.

 

STATEMENT REGARDING INSURANCE POLICIES

 

All insurance policies for the Debtors have been fully paid for the period covered by this report, including workers compensation and disability insurance.

 

22



 

In Re;

Sea Containers Ltd

 

 

Case No.

 

 

 

 

 

 

Reporting Date

January 31, 2008

 

Accounts Receivable Reconciliation and Ageing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

Total accounts receivable at the beginning of the reporting period

 

 

 

1,491,436

 

 

 

 

 

 

 

Add

Amounts billed during the period

 

 

 

197,561

 

 

 

 

 

 

 

 

Less

Amounts collected during the period

 

 

 

(181,213

)

 

 

 

 

 

 

Other movements

 

 

 

(42

)

 

 

 

 

 

 

Total accounts receivable at the end of the reporting period

 

 

 

1,507,742

 

 

Accounts Receivable Ageing

 

 

 

 

 

 

 

 

 

 

 

0 - 30

days old

 

 

 

6,229

 

 

 

 

 

 

 

31 - 60

days old

 

 

 

8,595

 

 

 

 

 

 

 

61 - 90

days old

 

 

 

30,272

 

 

 

 

 

 

 

91 +

days old

 

 

 

1,462,646

 

 

 

 

 

 

 

Total accounts receivable

 

 

 

1,507,742

 

 

 

 

 

 

 

Amounts considered uncollectible (net)

 

 

 

(1,124,610

)

 

 

 

 

 

 

Accounts receivable net

 

 

 

383,132

 

 

23



 

In Re;

Sea Containers Services Limited

 

 

Case No.

 

 

 

 

 

 

 

 

Reporting Date

January 31, 2008

 

Accounts Receivable Reconciliation and Ageing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

Total accounts receivable at the beginning of the reporting period

 

 

 

16,230

 

 

 

 

 

 

 

Add

Amounts billed during the period

 

 

 

774

 

 

 

 

 

 

 

Less

Amounts collected during the period

 

 

 

0

 

 

 

 

 

 

 

Other movements - Foreign exchange

 

 

 

(162

)

 

 

 

 

 

 

Total accounts receivable at the end of the reporting period

 

 

 

16,842

 

 

Accounts Receivable Ageing

 

 

 

 

 

 

 

 

 

 

 

0 - 30

days old

 

 

 

774

 

 

 

 

 

 

 

31 - 60

days old

 

 

 

16,068

 

 

 

 

 

 

 

61 - 90

days old

 

 

 

0

 

 

 

 

 

 

 

91 +

days old

 

 

 

0

 

 

 

 

 

 

 

Total accounts receivable

 

 

 

16,842

 

 

 

 

 

 

 

Amounts considered uncollectible (net)

 

 

 

0

 

 

 

 

 

 

 

Accounts receivable net

 

 

 

16,842

 

 

24



 

Sea Containers Ltd

Post Petition Aged Creditors listing

As at January 31, 2008

 

 

 

Aged debt

 

 

 

0 - 30

 

31 - 60

 

61 - 90

 

91 and over

 

Total

 

 

 

$

 

$

 

$

 

$

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Accounts Payable

 

365,433

 

1,762

 

 

45,226

 

412,421

 

 

 

 

 

 

 

 

 

 

 

 

 

Professional fees

 

8,930,044

 

1,048,519

 

 

459,034

 

10,437,597

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9,295,477

 

1,050,281

 

 

504,260

 

10,850,018

 

 

 

 

 

 

 

 

 

 

 

 

 

Professional fees are made up as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AP Services

 

381,664

 

 

 

 

381,664

 

Appleby

 

137,670

 

 

 

 

137,670

 

Bingham McCutchen

 

298,712

 

364,009

 

 

86,672

 

749,393

 

Carter Ledyard and Milburn

 

326,517

 

 

 

 

326,517

 

Conyers Dill and Pearman

 

15,938

 

 

 

 

15,938

 

Houlihan Lokey Howard

 

991,440

 

 

 

 

991,440

 

Kirkland and Ellis

 

2,642,137

 

 

 

 

2,642,137

 

Kroll

 

918,546

 

173,100

 

 

 

1,091,646

 

Morris Nichols

 

56,551

 

79,799

 

 

 

136,350

 

Pepper Hamilton

 

22,521

 

8,812

 

 

 

31,333

 

Pricewaterhouse Coopers

 

2,465,630

 

8,488

 

 

 

2,474,118

 

Reed Smith Richards Butler

 

82,578

 

29,702

 

 

 

112,280

 

Sidley Austin

 

11,798

 

 

 

372,362

 

384,160

 

Warren H Smith and Assoc

 

153,707

 

 

 

 

153,707

 

Willkie Farr & Gallagher

 

278,775

 

384,609

 

 

 

663,384

 

Young Conaway

 

145,860

 

 

 

 

145,860

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8,930,044

 

1,048,519

 

 

459,034

 

10,437,597

 

 

25



 

Sea Containers Services Ltd

Post Petition Aged Creditors listing

As at January 31, 2008

 

 

 

Aged debt

 

 

 

0 - 30

 

31 - 60

 

61 - 90

 

91 and over

 

Total

 

 

 

$

 

$

 

$

 

$

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Accounts Payable

 

352,102

 

1,556

 

1,074

 

23,502

 

378,234

 

 

 

 

 

 

 

 

 

 

 

 

 

Professional fees

 

 

 

 

7,608

 

7,608

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

352,102

 

1,556

 

1,074

 

31,110

 

385,842

 

 

 

 

 

 

 

 

 

 

 

 

 

Professional fees are made up as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Collinson Grant

 

 

 

 

7,608

 

7,608

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7,608

 

7,608

 

 

26



 

DEBTORS QUESTIONNAIRE

 

Must be completed each month

 

Yes

 

No

1. Have any assets been sold or transferred outside normal course of business this reporting period? If yes, provide an explanation below.

 

 

 

X

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below.

 

 

 

X

3. Have all postpetition tax returns been timely filed? If no, provide an explanation below.

 

X

 

 

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below.

 

X

 

 

 

 

 

 

27


-----END PRIVACY-ENHANCED MESSAGE-----