CHICAGO: Wireless technology giant Motorola Inc. was ordered to pay $300
million to Chase Manhattan Bank and other lenders to satisfy part of a loan made
to Iridium LLC, its failed satellite-phone company.
US District Court Judge Alvin H. Hellerstein ruled late Monday that Motorola,
the world's second largest maker of mobile phones behind Finland's Nokia, must
pay Chase and the other lenders in the group the $300 million guaranty assumed
by Motorola in 1998.
Chase Manhattan is a unit of J P Morgan Chase & Co. "There is no
right on the part of Motorola to be excused from its obligation to provide its
guarantee," Hellerstein said, according to a transcript of his ruling.
"There is an obligation on the part of Motorola to deliver that
guarantee obligation in response to the demand that Chase made," he added.
Motorola, based in the Chicago suburb of Schaumburg, Illinois, disagreed with
the decision and said there were grounds for an appeal.
"It continues to be our position that there was no breach of contract by
Motorola relating to Chase's decision to loan money to Iridium LLC and that
Motorola does not owe Chase the $300 million," the company said in a
statement.
"The people who invested in Iridium LLC, or lent money to it, were very
sophisticated investors," Motorola added. "They knew the risks
involved, It is not unlike when you drill for oil, there is always the potential
of ending up with a dry hole. Regrettably, this was a 'telecom dry hole'
relative to the grand hopes we all had."
Motorola officials declined to discuss the ruling further. J P Morgan
spokesman Adam Castellani simply said his company was pleased with the decision.
Chase had claimed Iridium LLC was controlled by Motorola.
Iridium, which Motorola created and in which it held an 18 per cent stake,
received an $800 million loan from Chase Manhattan and several other lenders in
December 1998 and filed for bankruptcy court protection eight months later. The
Iridium lenders claimed in the complaint that Motorola owed them the $300
million under a loan guarantee agreement, as well as interest and legal fees.
The non-jury trial began in November.
Chase Manhattan and 17 other lenders also filed a complaint in the State
Supreme Court of New York in October seeking recovery of the remaining portion
of the unpaid loans from Motorola, not just the $300 million loan guarantee.
Iridium LLC's unsecured creditors filed a lawsuit in bankruptcy court in July
2001 against Motorola for more than $4 billion in damages.
Iridium LLC's assets were purchased for $25 million in December 2000 by a
group of investors who renamed the company Iridium Satellite Corp.
(C) Reuters Limited.