MANVILLE PERSONAL INJURY SETTLEMENT TRUST
Special-Purpose Unaudited Consolidated Financial Statements
As of March 31, 2001 and 2000
The consolidated financial statements included herein are unaudited. In the opinion of the management of the Trust, the accompanying consolidated financial statements present fairly, subject to normal year-end adjustments, the consolidated net claimants' equity as of March 31, 2001 and 2000 and the consolidated changes in net claimants' equity and cash flows or the three months ended March 31, 2001 and 2000 presented on the special-purpose basis of accounting described in Note 3, which accounting methods have been applied on a consistent basis.
/s/ Mark E. Lederer
Mark E. Lederer
Chief Financial Officer
MANVILLE PERSONAL INJURY SETTLEMENT TRUST
2000 |
1999 |
|
| ASSETS: | ||
| Cash equivalents and investments (Notes 1 & 2) | ||
| Available-for-sale non-JM | ||
| Restricted (Note 8) | $70,598,449 |
$49,726,751 |
| Unrestricted non-JM | 2,083,801,608 |
897,213,071 |
| Total | 2,154,400,057 |
946,939,822 |
| Other available-for-sale | ||
| JM common stock | 1,197,764,952 |
|
| Total cash equivalents and investments | 2,154,400,057 |
2,144,704,774 |
| Accrued interest and dividend receivables | 10,115,910 |
14,711,422 |
| Deposits and other assets | 139,088 |
207,415 |
| Total assets | 2,164,655,055 |
2,159,623,611 |
| LIABILITIES: | ||
| Accrued expenses (Note 1) | 14,245,778 |
5,326,561 |
| Unpaid claims (Notes 4, 6 & Exh. III) | ||
| Settled Pre-Class Action complaint | 1,091,073 |
1,443,673 |
| Outstanding Offers - Post Class Action complaint | 43,217,515 |
72,770,036 |
| Contribution and indemnity claims payable | ||
| (Notes 4, 8 and Exh. III) | 120,380 |
6,726,964 |
| Lease commitments payable (Note 5) | 1,752,943 |
2,342,840 |
| Total liabilities | 60,427,689 |
88,610,074 |
| NET CLAIMANTS' EQUITY (Note 6) | $2,104,227,366 |
$2,071,013,537 |
|
|
|
| NET CLAIMANTS' EQUITY, | ||
| BEGINNING OF PERIOD | $2,154,502,680 |
$2,472,661,095 |
| ADDITIONS TO NET CLAIMANTS' EQUITY: | ||
| JM dividend | 6,763,849 |
|
| Reimbursement by JM of prior years foreign income taxes | 124,601 |
108,666 |
| Payment for assumption of income tax liability | 90,000,000 |
|
| Non-JM investment income (Exh. I) | 15,346,927 |
13,489,711 |
| Realized gain on sale of JM stock | 1,232,982,811 |
|
| Net reduction in outstanding claim offers | 35,254,903 |
20,513,666 |
| Net unrealized gains on non-JM available-for-sale securities | 7,973,897 |
|
| Decrease in lease commitments payable | 143,524 |
208,879 |
| Total additions | 1,373,852,766 |
49,058,668 |
| DEDUCTIONS FROM NET CLAIMANTS' EQUITY: | ||
| Operating expenses (Exh. II) | 7,109,022 |
6,053,096 |
| Management expenses for investments in JM | 105,629 |
102,916 |
| Net increase in outstanding claim offers | ||
| Claims settled | 106,676,576 |
69,916,223 |
| Contribution and indemnity claims settled | 1,003,628 |
1,213,153 |
|
Net unrealized losses on non-JM available-for-sale securities |
|
|
| Unrealized loss on JM stock | 1,239,049,260 |
373,420,838 |
| Total deductions | 1,424,128,080 |
450,706,226 |
| NET CLAIMANTS' EQUITY, | ||
| END OF PERIOD | $2,104,227,366 |
$2,071,013,537 |
MANVILLE PERSONAL INJURY SETTLEMENT TRUST
CONSOLIDATED STATEMENTS OF CASH FLOWS
FOR THE THREE MONTHS ENDED MARCH 31, 2001 AND 2000
|
|
|
| CASH INFLOWS | ||
| JM dividends | $6,763,849 |
$6,763,849 |
| Reimbursement by JM of prior years foreign income taxes | 124,601 |
108,666 |
| Payment for assumption of income tax liability | 90,000,000 |
|
| Sale of JM stock | 1,329,000,647 |
|
| Investment receipts | 13,037,652 |
13,786,577 |
| Change in deposits and other assets | 136,398 |
(25,778) |
| Investment receipts on escrow accounts (Note 8) | 4,002 |
96,128 |
| Total cash inflows | 1,439,067,149 |
20,729,442 |
| CASH OUTFLOWS | ||
| Claim payments made | 106,932,176 |
69,995,223 |
| Contribution and indemnity claim payments | 1,100,628 |
1,213,153 |
| Total cash claim payments | 108,032,804 |
71,208,376 |
| Disbursements for Trust operating, dispute resolution | ||
| and asset management expenses | 11,548,054 |
5,386,306 |
| Total cash outflows | 119,580,858 |
76,594,682 |
| NET CASH INFLOWS (OUTFLOWS) | 1,319,486,291 |
(55,865,240) |
| NON-CASH CHANGES | ||
| Net unrealized gains (losses) on non-JM | ||
| available-for-sale securities | (70,183,965) |
7,973,897 |
| NET INCREASE (DECREASE) IN CASH EQUIVALENTS AND | ||
| NON-JM INVESTMENTS AVAILABLE-FOR-SALE | 1,249,302,326 |
(47,891,343) |
| CASH EQUIVALENTS AND NON-JM INVESTMENTS | ||
| AVAILABLE-FOR-SALE, BEGINNING OF PERIOD | 905,097,731 |
994,831,165 |
| CASH EQUIVALENTS AND NON-JM INVESTMENTS | ||
| AVAILABLE-FOR-SALE, END OF PERIOD | $2,154,400,057 | $946,939,822 |
The accompanying notes are an integral part of these statements.
MANVILLE
PERSONAL INJURY SETTLEMENT TRUST
(1) DESCRIPTION OF THE TRUST
The Manville Personal Injury Settlement Trust (the Trust), organized pursuant to the laws of the state of New York with its office in Katonah, New York, was established pursuant to the Manville Corporation (Manville) Second Amended and Restated Plan of Reorganization (the Plan). The Trust was formed to assume Manvilles liabilities resulting from pending and potential litigation involving (i) individuals exposed to asbestos who have manifested asbestos-related diseases or conditions, (ii) individuals exposed to asbestos who have not yet manifested asbestos-related diseases or conditions and (iii) third-party asbestos-related claims against Manville for indemnification or contribution. Upon consummation of the Plan, the Trust assumed liability for existing and future asbestos health claims. The Trust had initial funding and will receive ongoing fixed and contingent funding as described below under "Funding of the Trust." The Trusts funding is dedicated solely to the settlement of asbestos health claims and the related costs thereto, as defined in the Plan. The Trust was consummated on November 28, 1988.
In December 1998, the Trust formed a wholly-owned corporation, the Claims Resolution Management Corporation (CRMC), to provide the Trust with claim processing and settlement services. Prior to January 1, 1999, the Trust provided its own claim processing and settlement services. CRMC began operations on January 1, 1999 in Fairfax, Virginia. The accounts of the Trust and CRMC have been consolidated for financial reporting purposes. All significant balances and transactions between the Trust and CRMC have been eliminated in consolidation.
Funding of the Trust
The Trust was initially funded from the following sources:
Manville Stock Interests
On December 19, 2000, JM entered into a definitive merger agreement pursuant to which Berkshire Hathaway, Inc. (Berkshire) agreed to acquire all of the outstanding shares of JM for $13 per share in cash. In addition, the Trust in a separate agreement with Berkshire agreed to tender its shares of JM. On December 28, 2000 JM repurchased 10.5 million shares of its common stock from the Trust for $136.5 million, reflecting the purchase price of $13 per share in the transaction with Berkshire. On February 26, 2001 the Trust tendered all its shares and received $1.3 billion for its remaining 102,230,819 shares of JM common stock, net of transaction costs of approximately $12.5 million. In addition, JM paid the Trust $90 million in settlement of JMs obligation for future income taxes of the Trust
(2) SIGNIFICANT ACCOUNTING POLICIES
(a) Basis of Presentation
The Trusts financial statements are prepared using special-purpose accounting methods that differ from accounting principles generally accepted in the United States. The special-purpose accounting methods were adopted in order to better communicate to the beneficiaries of the Trust the amount of equity available for payment of current and future claims. These special-purpose accounting methods are enumerated as follows:
1. The financial statements are prepared using the accrual basis of accounting.
2. The funding received from JM and its liability insurers has been
recorded directly to net claimants
equity. These funds do not represent income of
the Trust. Settlement offers for asbestos health
claims are reported as deductions in net
claimants equity and do not represent expenses of the
Trust.
3. Costs of non-income producing assets, which will be exhausted
during the life of the Trust and
are not available for satisfying claims, are expensed
as they are incurred. These costs include
acquisition costs of computer hardware, software,
software development, office furniture and
leasehold improvements.
4. Future fixed liabilities and contractual obligations entered into
by the Trust are recorded directly
against net claimants equity. Accordingly, the
future minimum rental commitments outstanding
at period end for non-cancelable operating leases,
net of any sublease agreements, have been
recorded as deductions to net claimants equity.
5. The liability for unpaid claims reflected in the statements of net
claimants equity represents settled
but unpaid claims and outstanding settlement
offers. Post-Class Action complaint claims liability
is recorded once a settlement offer is made to
the claimant (Note 4) at the amount equal to the
expected pro rata payment. No liability is
recorded for future claim filings and filed claims on
which no settlement offer has been made. Net
claimants equity represents funding available to
pay present and future claims on which no fixed
liability has been recorded.
6. Available-for-sale securities are recorded at market.
Held-to-maturity securities are recorded at
amortized cost. All interest and dividend income, as
well as net realized gains/losses, on non-JM
available-for-sale securities are included in non-JM
investment income on the statements of changes
in net claimants equity. Realized gains on JM
common stock and unrealized gains and losses on
non-JM available-for-sale securities are recorded as
separate components on the statements of
changes in net claimants equity.
Realized gains/losses on both non-JM
available-for-sale-securities and JM common stock are
recorded based on the security's original cost.
At the time a security is sold, all previously recorded
unrealized holding gains/losses are reversed and
recorded net, as a component of other unrealized
gains/losses in the accompanying statements of net
claimants' equity.
(b) JM Common Stock Interest
The Trusts stock interests represent a majority stock interest in JM. The accounts of JM have not been consolidated in the accompanying financial statements because: (i) JM stock interests were held by the Trust in order to pay asbestos health claims, and as such, the investment was likely to be temporary; and (ii) the objective of the financial statements is to communicate the equity available over the life of the Trust to current and future claimants. Thus, the Trust believes that recording these stock interests at then current market value was appropriate.
At consummation of JMs bankruptcy, the Trusts stock interests were recorded at market value. Subsequent changes in their market values are shown separately as unrealized gains or losses in the carrying value of JM common stock in the statements of changes in net claimants equity. Prior to the sale of the Trusts JM stock, the market value of the JM common stock held by the Trust was recorded by using the closing price of JM common stock on the New York Stock Exchange composite transactions on the last day of the appropriate reporting period. As of March 31, 2000 the price was $10.625 per share.
(c) Cash Equivalents and Non-JM Investments
On March 31, 2001 and 2001, the Trust has recorded all i ts non-JM investment securities at market value, as follows:.
| 2001 2000 | ||||
| Cost | Market | Cost | Market | |
| Restricted | ||||
| Cash equivalents | $2,227,569 | $2,227,569 | $7,569,580 | $7,569,581 |
| U.S. Govt. obligations | 10,628,737 | 10,907,030 | 11,096,792 | 10,927,381 |
| Corporate and other debt | 7,144,426 | 7,295,934 | 6,613,579 | 6,544,068 |
| Equities - U.S. | 47,677,179 | 50,167,916 | 12,614,919 | 24,685,721 |
Total |
$67,677,911 | $70,598,449 | $37,894,870 | $49,726,751 |
| Unrestricted | ||||
| Cash equivalents | $564,088,887 |
$564,088,887 | $128,377,273 |
$128,377,273 |
| U.S. govt. obligations | 327,085,297 | 331,682,729 | 193,400,663 |
188,980,017 |
| Foreign govt. obligations | 1,478,727 | 1,549,805 | 107,886,114 | 108,579,838 |
| Corporate and other debt | 306,239,237 | 309,553,490 | 218,584,798 | 212,346,261 |
| Equities - U.S. | 859,520,220 | 824,522,086 | 102,991,173 | 169,659,993 |
| Equities - International | 52,729,322 | 52,404,611 | 62,093,666 | 98,269,689 |
| Total | $2,111,141,690 | $2,083,801,608 | $813,333,687 | $897,213,071 |
Less Than |
After 1 Year |
After 5 Years |
After 10 Yrs |
|
| U.S. govt. obligations | $9,761,328 | $110,575,529 | $74,737,874 | $147,515,029 |
| Foreign govt. obligations | 0 | 887,157 | 819,468 | 1,549,805 |
| Corporate and other debt | 11,697,870 | 191,902,314 | 69,719,770 | 41,822,846 |
| Total | $21,459,197 | $303,365,000 | $145,277,112 | $190,887,679 |
The Trust invests in derivative financial instruments. Equity index futures are used as
strategic
substitutions to cost effectively replicate the underlying index of its domestic equity
investment
fund. At March 31, 2001, the fair value of these instruments was approximately $9.0
million
and was included in non-JM investments available-for-sale on the statement of net
claimants equity.
(d) Fixed Assets
The cost of non-income producing assets that will be exhausted
during the life of the Trust and are
not available for satisfying claims are expensed as incurred. Since inception, these
costs, net of
disposals, include:
Acquisition of furniture and equipment
$ 759,843
Acquisition of computer
hardware and software
1,855,278
Leasehold improvements
42,965
Total
$2,352,607
These items have not been recorded as assets, but rather as direct deductions to net
claimants equity in
the accompanying financial statements. The cost of fixed assets, net of proceeds on
disposals, that were
expensed during the years ended March 31, 2001 and 2000 was approximately $305,500 and
$71,300,
respectively.
Depreciation expense related to asset acquisitions using accounting
principles principles generally
accepted in the United States would have been approximately $40,800 and $53,200 for the
years ended March 31, 2001 and 2000 respectively.
(e) JM Dividends
Beginning in August 1996, the JM Board of Directors declared
regular quarterly dividends of $.03
per share, the first time such dividends were declared since 1982. In August 1997, the
dividend was
increased to $.04 per share and in August 1998 to $.06 per share. The Trust received its
last dividend
payment in January 2001. Such dividends are reported as additional to net claimants'
equity.
(3) LITIGATION
During 1997, the Trustees filed a complaint in the U.S. District Court for the Eastern District of New York (the Court) on behalf of the Trust against seven tobacco manufacturers ("Falise I"), pursuant to which the Trust sought contribution and indemnification for claims paid and to be paid in which a portion of the claimants injury was caused by smoking. In November 1999, the Court dismissed Falise I on jurisdictional grounds and during the same month, the Trust filed a second complaint ("Falise II") which alleged the same causes of action as in Falise I and, in addition, violations of the Federal RICO Act.
On December 4, 2000, the jury trial of Falise II began in the Court. On January 25, 2001, the Court declared a mistrial because the jury was unable to reach a verdict after six days of deliberation. The Trust has not determined at this time whether it will seek a retrial.
(4) UNPAID CLAIMS
The Trust distinguishes between claims that were resolved prior to the filing of the class action complaint on November 19, 1990, and claims resolved after the filing of that complaint. Claims resolved prior to the complaint (Pre-Class Action Claims) were resolved under various payment plans, all of which called for 100% payment of the full liquidated amount without interest over some period of time. However, between July 1990 and February 1995, payments on all claims except qualified exigent health and hardship claims were stayed by the courts. By court order on July 22, 1993 (which became final on January 11, 1994), a plan submitted by the Trust was approved to immediately pay, subject to claimant approval, a discounted amount on Pre-Class Action Claims, in full satisfaction of these claims. The discount amount taken, based on the claimants who accepted the Trusts discounted offer, was approximately $135 million.
The unpaid liability for the Post-Class Action claims represents outstanding offers made in First-in, First-out (FIFO) order to claimants eligible for settlement after November 19, 1990. Under the TDP (Note 6), claimants receive an initial pro rata payment equal to 10% of the liquidated value of their claim. The Trust remains liable for the unpaid portion of the liquidated amount only to the extent that assets will be available after paying all claimants the established pro rata share of their claims. The Trust makes these offers in the form of a check made payable to the claimant and/or claimants counsel. If the offer is accepted, a Trust release is completed, the check is deposited and the claim is recorded as settled. An unpaid claim liability is recorded once an offer is made. The unpaid claim liability remains on the Trusts books until accepted or expiration of the offer after 180 days. A claimant may request that an offer be extended for an additional 180 days.
Pursuant to the Stipulation of Settlement, the Trust is obligated to pay approximately $63 million plus investment earnings on funds set aside for contribution and indemnity claims occurring before July 25, 1994. As of March 31, 2001 approximately $0.1 million remains to be paid.
(5) COMMITMENTS AND CONTINGENCIES
Operating Leases
In September 1993, the Trust executed a 5-year lease through December
1998 for its offices in
Fairfax, Virginia. The lease was extended for an additional 5 years beginning at the
expiration of the
initial lease. Effective January 1, 1999, the Trust assigned its rights under the lease to
CRMC
conditioned upon the Trusts guarantee of future lease payments.
Future minimum rental commitments under this operating lease, as of March 31, 2001 are as follows:
Calendar Year Amount
2001
469,597
2002
631,969
2003
651,377
Total $1,752,943
This obligation has been recorded as a liability at face value in the accompanying financial statements.
(6) NET CLAIMANTS EQUITY
A class action complaint was filed on behalf of all Trust beneficiaries
on November 19, 1990, seeking to
restructure the methods by which the Trust administers and pays claims. On July 25, 1994,
the parties
signed a Stipulation of Settlement that included a revised Trust Distribution Process (the
TDP).
The TDP prescribes certain procedures for distributing the Trusts limited assets,
including pro rata
payments and initial determination of claim value based on scheduled diseases and values.
The
Court approved the settlement in an order dated January 19, 1995. Though six appeals were
filed
with the Court of Appeals, no stay was granted and the Trust implemented the TDP payment
procedures effective February 21, 1995. On February 21, 1996, the Court of Appeals
affirmed
the decision.
Prior to the commencement of the class action in 1990, the Trust filed
a motion for a determination
that its assets constitute a "limited fund" for purposes of Federal Rules of
Civil Procedure 23(b)(1)(B).
The Courts adopted the findings of the Special Master that the Trust is a "limited
fund". In part,
the limited fund finding concludes that there is a substantial probability that estimated
future assets
of the Trust are and will be insufficient to pay in full all claims that have been and
will be asserted
against the Trust.
The TDP contains certain procedures for the distribution of the
Trusts limited assets. Under the TDP,
the Trust forecasts its anticipated annual sources and uses of cash until the last
projected future claim
has been paid. A pro rata payment percentage is calculated such that the Trust will have
no remaining
assets or liabilities after the last future claimant receives his/her pro rata share.
The Trust has conducted its own research and monitored studies prepared
by the Courts appointee
regarding the valuation of Trust assets and liabilities. Based on this valuation, the TDP
provides for
an initial 10% payment of the liquidated value of current and future claims. Accordingly,
the Trust
has reported Post-Class Action Claims at 10% of their liquidated value. The 10% pro rata
payment
represents the Trusts best estimate of funds available over the life of the Trust to
pay claims settled
under the TDP. The Trust will continue to monitor this estimate based on changes in
settlement practices
and changes in future projected values of Trust assets and liabilities and make any
necessary changes
in the pro rata payment percentage as required under the TDP.
(7) EMPLOYEE BENEFIT PLANS
The Trust established a tax-deferred employee savings plan under
Section 401(k) of the Internal
Revenue Code, with an effective date of January 1, 1988. The plan allows employees to
defer a
percentage of their salaries within limits set by the Internal Revenue Code with the Trust
matching
contributions by employees of up to 6% of their salaries. The total employer contributions
and
expenses under the plan were approximately $78,000 and $73,900 for the three months ended
March 31, 2001 and 2000, respectively.
(8) RESTRICTED ASSETS
In order to avoid the high costs of director and officer liability
insurance and with the approval
of the United States Bankruptcy Court for the Southern District of New York, the Trust
established
a segregated security fund of $30,000,000 and, with the additional approval of the United
States
District Court for the Southern and Eastern Districts of New York, an escrow fund of
$3,000,000
from the assets of the Trust, which are devoted exclusively to securing the obligations of
the
Trust to indemnify the former and current Trustees and officers, employees, agents and
representatives
of the Trust. In addition, a $15,000,000 escrow and security fund was established to
secure the
obligations of the Trust to exclusively indemnify the current Trustees, whose access to
the other
security funds is subordinated to the former Trustees. Upon the final order in the Class
Action
litigation (Note 4), the $15,000,000 escrow and security fund was reduced by $5,000,000.
Pursuant to Section 5.07 of the plan, Trustees are entitled to a lien on the segregated
security
and escrow funds to secure the payment of any amounts payable to them through such
indemnification.
Accordingly, in total $43 million has been transferred from the Trusts bank accounts
to separate
escrow accounts and pledge and security agreements have been executed perfecting those
interests.
The investment earnings on these escrow accounts accrue to the benefit of the Trust and
are
recorded as unrestricted investments.
Pursuant to the Stipulation of Settlement, the Trust funded separate
investment accounts for two
of the sub-class beneficiaries. During 1996, one of these accounts was fully disbursed and
the
remaining balance for the other account at March 31, 2001 is approximately $0.1 million.
As a condition of the tax agreement between JM and the Trust discussed in Note 9 below, the Trust was required to transfer $30 million in cash to an escrow account to pay its future income tax obligations post settlement of the transaction. The escrow account balance may be increased or decreased over time. As of March 31, 2001, securities with a market value of $27.4 million were held by an escrow agent in accordance with the agreement. These funds have been reported as restricted investments.
(9) INCOME TAXES
For Federal income tax purposes, JM has elected for the qualified assets of the Trust to be taxed as a Designated Settlement Fund (DSF). Income and expenses associated with the DSF are taxed in accordance with Section 468B of the Internal Revenue Code, which obligates JM to pay for any federal income tax liability imposed upon the DSF. In addition, pursuant to an agreement between JM and the Trust, JM is obligated to pay for any income tax liability. However, as discussed in Note 1, at the consummation of the tender offer transaction on February 26, 2001, JM paid the Trust $90 million to settle their obligation to the Trust. In return, the Trust terminated JMs contractual liability for income taxes of the DSF and agreed to indemnify JM in respect for all future income taxes of the Trust. JM remained liable for the Trusts income taxes through February 26, 2001. The statutory income tax rate for the DSF is 15%.
The Trust accounts for income taxes in accordance with the Statement of Financial Accounting Standards (SFAS) No. 109, "Accounting for Income Taxes." SFAS No. 109 requires the recognition of deferred tax assets and liabilities for the expected future tax consequences of temporary differences between the book and tax basis of assets and liabilities. As of March 31, 2001, the Trust has recorded a net deferred tax asset of $29,000, representing temporary timing differences primarily for CRMCs accrued vacation and deferred compensation. The deferred asset is included in deposits and other assets in the accompanying consolidated statement of net claimants equity.
(10) PROOF OF CLAIMS FILED
Proof of claim forms have been filed with the Trust as follows:
As of |
As of |
|
| Claims filed | 512,173 |
438,807 |
| Voided claims (1) | (38,575) |
(36,777) |
| Currently disqualified (2) | (1,471) |
(1,312) |
| Expired offers (3) | (43,037) |
(34,735) |
| Active claims | 429,090 |
365,983 |
| Settled claims | (366,080) |
(293,803) |
| Claims currently eligible for settlement | 63,010 |
72,180 |
(1)
Claim filings that are permanently ineligible due to duplication of filing, withdrawal or missing(2)
Claim filings on hold until representation or content problems are resolved.(3)
Claims that received a Trust offer, but failed to respond within the offer acceptance period.EXHIBIT I
|
|
|
| NON-JM INVESTMENT INCOME | ||
| Interest | $12,240,802 |
$10,358,941 |
| Dividends (Note 2(e)) | 2,021,571 |
858,596 |
| Net realized gains | 1,470,508 |
2,509,154 |
| Total non-JM investment income | 15,732,881 |
13,726,691 |
| Investment expenses | (385,954) |
(236,980) |
| TOTAL | $15,346,927 |
$13,489,711 |
The accompanying notes are an integral part of this exhibit.
MANVILLE PERSONAL INJURY SETTLEMENT TRUST
CONSOLIDATED OPERATING EXPENSES
FOR THE THREE ENDED MARCH 31, 2001 AND 2000
|
|
|
| OPERATING EXPENSES: | ||
| Personnel costs | $1,935,566 |
$1,648,573 |
| Office general and administrative | 338,630 |
368,887 |
| Travel and meetings | 153,982 |
54,590 |
| Board of Trustees | 228,734 |
153,916 |
| Professional fees | 3,395,031 |
3,676,416 |
| Net fixed asset purchases | 305,479 |
71,292 |
| Computer and other EDP costs | 26,200 |
18,843 |
| Dispute resolution | 400 |
3,879 |
TOTAL OPERATING EXPENSES |
6,384,022 |
5,996,396 |
| Income tax provision | 725,000 |
56,700 |
| TOTAL | $7,109,022 |
$6,053,096 |
The accompanying notes are an integral part of this exhibit.
MANVILLE PERSONAL INJURY SETTLEMENT TRUST
SCHEDULE OF LIQUIDATED CLAIMS
SINCE CONSUMMATION (NOVEMBER 28, 1988)
THROUGH MARCH 31, 2001
|
|
Average |
||||
| Trust Liquidated Claims | ||||||
| Pre-Class Action Complaint | ||||||
| November 19, 1990 and Before- | ||||||
| Liquidated Claim Value | 27,610 |
$1,188,264,972 |
||||
| Present Value Discount (1) | ______ |
(135,306,535) |
||||
| Net Settlements | 27,610 |
1,052,958,437 |
||||
| Payments | (27,558) |
(1,051,867,364) |
$38,169 | |||
| Unpaid Balance | 52 |
$1,091,073 |
||||
| Post-Class Action Complaint | ||||||
| After November 19, 1990- | ||||||
| Offers Made at Full Liquidated Amount | 349,172 |
$15,120,070,980 |
||||
| Reduction in Claim Value (2) | ______ |
(13,607,785,917) |
||||
| Net Offer Amount | 349,172 |
1,512,285,063 |
||||
| Payments | (338,470) |
(1,469,067,548) |
$4,340 | |||
| Offers Outstanding | 10,702 |
$43,217,515 |
||||
| Manville Liquidated Claims (3) | ||||||
| Liquidated Claim Value | 158 |
$24,946,620 |
||||
| Payments | (158) |
(24,946,620) |
||||
| Unpaid Balance | 0 |
$0 |
||||
| Co-Defendant Liquidated Claims (4) | ||||||
| Liquidated Claim Value | $93,435,949 |
|||||
| Investment Receipts (5) | 2,612,456 |
|||||
| Payments | (95,928,025) |
|||||
| Unpaid Balance | $120,380 |
|||||
(1) The unpaid liability for
Pre-Class Action Complaint claims has been reduced based upon a plan approved by the
Courts in
January, 1994 which requires the Trust to offer
to pay a discounted amount in full satisfaction of the unpaid claim amount.
(2) Under the TDP, Post Class Action Complaint claims have been reported at 10% of their liquidated value.
(3) Manville Liquidated
Claims refers to Liquidated AH Claims (as defined in the Plan) which the Trust has paid or
accrued as
payable pursuant to an order of the
United States Bankruptcy Court for the Southern District of New York dated January
27, 1987.
(4) Number of personal injury claimants not identifiable.
(5) Investment receipts of
separate investment escrow account established for the sub-class beneficiaries per the
Stipulation of
Settlement, net of income taxes.
The accompanying notes are an integral part of this exhibit.
MANVILLE PERSONAL INJURY SETTLEMENT TRUST
SCHEDULE OF LIQUIDATED CLAIMS
FOR THE ENDED MARCH 31, 2001
|
|
Average |
|||
| Trust Liquidated Claims | |||||
| Pre-Class Action Complaint | |||||
| November 19, 1990 and Before- | |||||
| Payable as of December 31, 2000 | 59 |
$1,346,673 |
|||
| Paid (1) | (7) |
(255,600) |
|||
| Payable as of March 31, 2001 | 52 |
$1,091,073 |
|||
| Post-Class Action Complaint | |||||
| After November 19, 1990- (2) | |||||
| Offers Outstanding as of December 31, 2000 | 20,243 |
$78,472,418 |
|||
| Net Offers Made (3) | 16,078 |
71,421,673 |
|||
| Offers Accepted | (25,619) |
(106,676,576) |
$4,164 |
||
| Offers Outstanding as of March 31, 2001 | 10,702 |
$43,217,515 |
|||
| Co-Defendant Liquidated Claims | |||||
| Payable as of December 31, 2000 | $213,378 |
||||
| Settled | 1,003,628 | ||||
| Investment Receipts (4) | 4,002 | ||||
| Paid | (1,100,628) | ||||
| Payable as of March 31, 2001 | $120,380 |
||||
(2) Under the TDP, Post
Class Action Complaint claims have been reported at 10% of their liquidated value.
(3) Represents payment offers made during the period net of rejected and
expired offers.
(4) Investment receipts of
separate investment escrow account established for the sub-class beneficiaries per the
Stipulation of Settlement, net of income taxes.