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Texaco's future financial position may be even better. Only Texaco's principal holding company and two financial subsidiaries are huddling within Chapter 11. Dozens of operating subsidiaries around the world are carrying on business as usual. They will help keep Texaco's annual cash flow close to $3.6 billion and its anticipated profit this year higher than $650 million -- all outside Pennzoil's direct grasp. That wrinkle took Chairman Liedtke by surprise. As he told TIME, "I thought that when we were suing Texaco, we were suing all of Texaco." Liedtke has claimed that Texaco illegally transferred assets, including...
Ultimately, though, Texaco may pay a heavier price for its bold gambit. For one thing, all of Texaco's regular creditors have been bludgeoned by the Chapter 11 device; their goodwill is important to the oil firm's longer-range survival. Among others, Texaco owes Chase Manhattan Bank $2.95 billion and Manhattan's Bankers Trust and Manufacturer's Hanover Trust an additional $1.5 billion. Outwardly, many of Texaco's creditors and lenders are serene about the situation. But at one major Manhattan bank with several hundred million dollars' worth of Texaco corporate notes on deposit, a senior executive admits...
...constrained are unhappy. Harold Ofstie, for example, is portfolio manager of Philadelphia-based Delaware Management, which owns 3.7 million Texaco shares. The bankruptcy filing means a projected loss of $11.1 million in annual dividend income for Delaware. Says Ofstie: "We understand the reasons why Texaco went into Chapter 11. But we're an income-oriented investment company, and Texaco doesn't have a yield anymore. That's a problem we can't ignore." As time passes, Wall Street analysts expect that big investors will steadily dump millions of Texaco shares onto the market...
...Under Chapter 11, Texaco's top management will operate much as it usually does. One of the attractions of the relaxed 1978 bankruptcy laws is that day- to-day management of an affected firm remains in the hands of its executives rather than those of a court-appointed trustee. Bankruptcy judges like Texaco's Schwartzberg oversee broader matters, such as the sale and acquisition of major assets, in consultation with committees of creditors...
Unquestionably, the hygienic solution for both sides would be to reach a settlement that will allow Texaco to emerge from its Chapter 11 cocoon. Executives at the oil giant have suggested such a possibility, maybe an indication that Texaco is using its bankruptcy as bargaining leverage against its smaller opponent. Manhattan Attorney Richard Lieb detects a more nuanced strategy in Texaco's Chapter 11 filing. By keeping most of its operating companies out of bankruptcy, he says, Texaco has issued an "open invitation to continued bargaining." Since bankruptcy does not involve the entire company, he argues, "it may be Texaco...