28. The Managing Director of ELSI had a meeting early on the moming of 3 1 March 1968with the President of the Sicilianregion, Mr. Carollo,
at which the latter stated that the Italian Prime Minister had said that a
company would be formed by ESPI and IMI (Istituto Mobiliare Italiano)
to deal with the acquisition of ELSI's assets, and that a holding company
would be formed which would eventually own ELSI. Mr. Carollo continued by saying that "to keep the people in Palermo and avoid an exodus
to other jobs, and to protect the plant and machinery, the plant would be
requisitioned . . .". On 1 April 1968 representatives of the company met
representatives of the bank creditors of ELSI to discuss the company's
plans for an orderly liquidation. According to the United States, ELSI's
representatives stated that Raytheon was not prepared to provide any
further financial support to ELSI either by way of capital, loans, advances,
or guarantees, but ais0 informed the banks of the arrangement (referred
to in paragraph 24 above) which would provide for ELSI's immediate
cash needs in such an orderly liquidation through the sale to Raytheon
of ELSI's accounts receivable at 100 per cent of face value, the proceeds
being used to pay off the small creditors and to meet payroll and severance pay claims as well as other pressing priority obligations.
29. No agreement was reached at that meeting; certain of the banks
requested more information, and another meeting was to be held later
with an agreed agenda. Subsequently ELSI's representatives learnt that
the plant had been requisitioned. According to the United States, and in
the view of the officers of Raytheon and ELSI, there was reason to believe
that in a liquidation the creditor banks would have accepted a settlement
of their claims on payment of 40 to 50 percent of each, but no independent
evidence is available that such was the banks' attitude at that time. It does
not appear from the evidence that the banks were asked specifically at the
meeting of 1 April 1968 whether they would CO-operateon the basis of a
guaranteed 50 per cent of their claims; on the contrary, it was contended
on behalf of the United States by ELSI's then legal adviser that
"There is no evidence of bank negotiations at the time of the requisition because at the time the stockholders were fully confident that
ELSI's assets would have recovered book value, and there was no
need at the time to start any such negotiations. What the stockholders
and ELSI's Board were seeking at the time was an understanding
with the banks on the manner and timing of an orderly liquidation."