TRANSMITTAL OF FINANCIAL REPORTS AND
CERTIFICATION OF COMPLIANCE WITH
UNITED STATES TRUSTEE OPERATING REQUIREMENTS FOR
THE PERIOD ENDED OCTOBER 31, 2009
IN RE:
:
09-11235 (JVA); 09-11236;
09-11237;
09-11238;
:
09-11239;
09-11241;
CASE NO.:
09-11244
:
Chapter 11
Judge:
J. Vincent Aug, Jr.
Milacron Inc., a Delaware corporation,
:
et, al.
Debtor
As debtor in possession, I affirm:
1.
That I have reviewed the financial statements attached hereto, consisting of:
___X___
Operating Statement
(Form 2)
___X___
Balance Sheet
(Form 3)
___X___
Summary of Operations
(Form 4)
___X___
Monthly Cash Statement
(Form 5)
___X___
Statement of Compensation
(Form 6)
___X___
Schedule of In-Force Insurance
(Form 7)
and that they have been prepared in accordance with normal and customary accounting practices, and fairly and accurately reflect the debtor’s financial activity for the period stated;
2.
That the insurance, including workers’ compensation and unemployment insurance, as described in
Section 4 of the Reporting Requirements For Chapter 11 Cases is in effect; and,
(if not, attach a written explanation)
YES___X___
NO___ ___
3.
That all postpetition taxes as described in Sections 1 and 14 of the Operating Instructions and
Reporting Requirements For Chapter 11 cases are current.
(If not, attach a written explanation)
YES___X___
NO___ ___
4.
No professional fees (attorney, accountant, etc.) have been paid without specific court authorization.
(If not, attach a written explanation)
YES___X___
NO___ ___
5.
All United States Trustee Quarterly fees have been paid and are current.
YES___X___
NO___ ___
6.
Have you filed your prepetition tax returns.
(If not, attach a written explanation)
YES____ ___
NO___X __
I hereby certify, under penalty of perjury, that the information provided above and in the attached documents is true and correct to the best of my information and belief.
_/s/ John C. Francy________
Dated
_12/22/09_
Debtor in Possession
V.P.-Finance,
513-536-2000
Title
Phone
Treasurer &
CFO
Form 1
Transmittal of Financial Reports and
Certification of Compliance with
United States Trustee Operating Requirements for
The Period Ended
October 31, 2009
IN RE:
Milacron Inc., a Delaware corporation, et, al.
CASE NO:
09-11235 (JVA)
09-11236
09-11237
09-11238
09-11239
09-11241
09-11244
Chapter 11 Judge:
J. Vincent Aug, Jr.
Form 1, Item 6:
Written explanation of unfiled prepetition tax returns:
The company has yet to file its 2009 Federal and State Income Tax Returns. The returns will be filed within the extended due dates. As of December 22, 2009, all 2008 Federal and State Income Tax Returns have been filed.
Form 1 (Attachment for Item6)
| | | | |
OPERATING STATEMENT (P&L) Period Ending October 31, 2009 |
| | Case No: 09-11235 (JVA) |
| | | | |
| | | | Total Since |
| | Period Ending | | Filing on |
| | October 31, 2009 | | March 10, 2009 |
| | | | |
Total Sales | | - | | 118,186,000 |
Cost of Sales | | - | | 105,778,000 |
| | | | |
Gross Profit | | - | | 12,408,000 |
| | | | |
Selling, General and Administrative Expenses: | | | | |
Salaries and Wages | | - | | 7,707,000 |
Fringes/Employee Benefits | | - | | 2,123,000 |
Travel and Entertainment | | - | | 1,176,000 |
Advertising | | - | | 597,000 |
Professional Services | | - | | 1,914,000 |
Commissions | | - | | 1,576,000 |
Dealer's Discount | | - | | 775,000 |
Other | | - | | 4,833,000 |
Total Expenses | | - | | 20,701,000 |
| | | | |
Net Operating Profit/(Loss) | | - | | (8,293,000) |
| | | | |
Add: Non-Operating Income | | | | |
Interest Income | | - | | 33,000 |
Intercompany Service Credit | | - | | 742,000 |
Total Non-Operating Income | | - | | 775,000 |
| | | | |
Less: Non-Operating Expenses | | | | |
Bankruptcy Professional Fees, Estate | | - | | 14,053,000 |
Bankruptcy Professional Fees, Lenders | | - | | 9,153,000 |
Bankruptcy Costs - Other | | - | | 957,000 |
Investment Loss in Subsidiaries | | - | | 16,906,000 |
Financing Costs | | - | | 7,215,000 |
(Gain)/Loss on Currency Transactions | | - | | 218,000 |
Intercompany Interest Expense | | - | | 422,000 |
Interest Expense | | - | | 7,226,000 |
Other | | - | | 375,566,000 |
Total Non-Operating Expenses | | - | | 431,716,000 |
| | | | |
Income Tax Expense (Income) | | - | | 471,000 |
| | | | |
Net Income/(Loss) | | - | | (439,705,000) |
| | | | |
Form 2
| | | | | | | | |
BALANCE SHEET |
Period Ending October 31, 2009 |
| | | | | | |
| | | | Case No: 09-11235 (JVA) |
| | | | | | |
| | October 31, 2009 | | September 30, 2009 | | At Filing |
| | | | | | |
ASSETS: | | | | | | |
Cash and Cash Equivalents | | - | | - | | 6,581,000 |
Notes and Accounts Receivable, Net | | - | | - | | 32,541,000 |
Insider Receivables | | - | | - | | - |
Inventory | | - | | - | | 92,115,000 |
Deferred Income Taxes Net of Valuation Allowances | | - | | - | | 1,362,000 |
Other Assets | | 1,317,000 | | 1,317,000 | | 8,665,000 |
Property, Plant and Equipment | | 1,119,000 | | 1,119,000 | | 189,079,000 |
Accumulated Depreciation | | (629,000) | | (629,000) | | (144,959,000) |
Goodwill | | - | | - | | 52,582,000 |
Deferred Financing Costs | | - | | - | | 5,152,000 |
Investments in Subsidiaries | | - | | - | | 288,027,000 |
Advances to Subsidiaries | | - | | - | | 4,589,000 |
TOTAL ASSETS | | 1,807,000 | | 1,807,000 | | 535,734,000 |
| | | | | | |
LIABILITIES: | | | | | | |
Post-Petition Liabilities: | | | | | | |
Trade Accounts Payable | | - | | - | | - |
Advance Billings and Deposits | | - | | - | | - |
Accrued Salaries, Wages and Other Compensation | | - | | - | | - |
Accrued Interest | | - | | - | | - |
Intercompany Payable | | - | | - | | - |
Advances from Affiliates | | - | | - | | - |
Accrued Liabilities | | - | | - | | - |
Debtor-in-Possession Financing | | - | | - | | - |
Total Post-Petition Liabilities | | - | | - | | - |
| | | | | | |
Secured Prepetition Liabilities: | | | | | | |
Short-Term Borrowings | | - | | - | | 39,532,000 |
Long-Term Debt | | 174,396,000 | | 174,396,000 | | 227,483,000 |
Total Secured Liabilities | | 174,396,000 | | 174,396,000 | | 267,015,000 |
| | | | | | |
Prepetition Liabilities Subject to Compromise: | | | | | | |
Trade Accounts Payable | | 28,116,000 | | 28,116,000 | | 36,595,000 |
Advance Billings and Deposits | | 2,000 | | 2,000 | | 12,010,000 |
Accrued Salaries, Wages and Other Compensation | | 5,437,000 | | 5,437,000 | | 8,864,000 |
Accrued Interest | | 6,850,000 | | 6,850,000 | | 8,220,000 |
Intercompany Payable | | 126,878,000 | | 126,878,000 | | 120,980,000 |
Advances from Affiliates | | 40,130,000 | | 40,130,000 | | 64,004,000 |
Accrued Liabilities | | 268,403,000 | | 268,403,000 | | 283,555,000 |
Total Prepetition Liabilities | | 475,816,000 | | 475,816,000 | | 534,228,000 |
| | | | | | |
Equity: | | | | | | |
Preferred Stock | | 6,005,000 | | 6,005,000 | | 6,005,000 |
Common Stock | | 60,000 | | 60,000 | | 60,000 |
Paid In Capital | | 480,638,000 | | 480,638,000 | | 479,727,000 |
Retained Deficit - Pre-Petition | | (537,129,000) | | (537,129,000) | | (537,129,000) |
Retained Deficit - Post-Petition | | (397,643,000) | | (397,643,000) | | - |
Accumulated Other Comprehensive Loss | | (200,336,000) | | (200,336,000) | | (214,172,000) |
Total Equity | | (648,405,000) | | (648,405,000) | | (265,509,000) |
| | | | | | |
Total Liabilities and Equity | | 1,807,000 | | 1,807,000 | | 535,734,000 |
| | | | | | |
Form 3