ACE AMERICAN INSURANCE COMPANY v. CENTRAL FREIGHT LINES, INC. Complaint
American Feeder Lines
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Transcript of American Feeder Lines
The Realization of America’s Marine Highway
Transportation Research Board
Tuesday, July 12, 2011 - Boston
2CONFIDENTIAL – NOT FOR DISTRIBUTION
Disclaimer
THIS MATERIAL IS CONFIDENTIAL AND MAY NOT BE REPRODUCED OR PROVIDED TO OTHERS WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE PYNE COMPANIES LTD (“PYNE”) OR KÖNIG & CIE. GMBH & CO. KG (“KÖNIG & CIE.”). THIS MATERIAL DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY OTHER SECURITIES, TO OR FROM ANY PERSON IN ANY JURISDICTION. ANY SUCH OFFER OR SOLICITATION MAY ONLY BE MADE PURSUANT TO OTHER LEGAL DOCUMENTATION. BY ACCEPTING DELIVERY OF THIS MATERIAL, EACH RECIPIENT HEREOF AGREES TO THE FOREGOING.
INVESTMENT IN ANY OF THE TARGET COMPANY DESCRIBED HEREIN WILL INVOLVE SIGNIFICANT RISKS, INCLUDING LOSS OF THE ENTIRE INVESTMENT. THE FUNDS WILL BE ILLIQUID, AS THERE IS NO SECONDARY MARKET FOR INTERESTS IN THE SECURITIES AND NONE IS EXPECTED TO DEVELOP. THERE WILL BE RESTRICTIONS ON TRANSFERRING INTERESTS IN THE TARGET COMPANY, INVESTMENTS MAY BE LEVERAGED AND THE INVESTMENT PERFORMANCE MAY BE VOLATILE. BEFORE DECIDING TO INVEST IN THE TARGET COMPANY, PROSPECTIVE INVESTORS SHOULD READ THE RELEVANT LEGAL DOCUMENTATION AND PAY PARTICULAR ATTENTION TO THE RISK FACTORS CONTAINED THEREIN. PROSPECTIVE INVESTORS SHOULD HAVE THE FINANCIAL ABILITY AND WILLINGNESS TO ACCEPT THE RISK CHARACTERISTICS OF THE INVESTMENT.
THE HISTORICAL RETURNS INCLUDED IN THIS MATERIAL (AS WELL AS ANY ESTIMATES OR PROJECTIONS) ARE NOT A PREDICTION OF FUTURE PERFORMANCE AND THERE CAN BE NO ASSURANCE THAT THESE OR COMPARABLE VALUES OR RETURNS WILL BE ACHIEVED OR THAT PERFORMANCE OBJECTIVES OR TARGETS WILL BE ACHIEVED. IN ADDITION, THERE CAN BE NO ASSURANCE THAT ANY UNREALIZED INVESTMENTS WILL BE REALIZED AT THE VALUATIONS SHOWN, AS ACTUAL REALIZED RETURNS WILL DEPEND ON, AMONG OTHER FACTORS, FUTURE OPERATING RESULTS, THE VALUE OF THE ASSETS AND MARKET CONDITIONS AT THE TIME OF DISPOSITION, ANY RELATED TRANSACTION COSTS, AND THE TIMING AND MANNER OF SALE, ALL OF WHICH MAY DIFFER FROM THE ASSUMPTIONS ON WHICH THE VALUATIONS CONTAINED HEREIN ARE BASED. NOTHING CONTAINED HEREIN SHOULD BE DEEMED TO BE A PREDICTION OR PROJECTION OF FUTURE PERFORMANCE OF THE TARGET COMPANY. EXCEPT WHERE OTHERWISE NOTED IN THIS MATERIAL, ALL INFORMATION CONTAINED HEREIN, INCLUDING ALL PROCEEDS, VALUES AND IRRS, ARE BEFORE EXPENSES AND CARRIED INTEREST, ARE CALCULATED AS OF DATES SPECIFIED HEREIN AND HAVE NOT BEEN UPDATED FOR ANY EVENTS SUBSEQUENT TO THOSE DATES. IF YOU ARE CONSIDERING AN INVESTMENT IN THE TARGET COMPANY PLEASE NOTE THAT THIS MATERIAL IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO THE RELEVANT AUDITED STATEMENTS AND LEGAL DOCUMENTATION THAT RELATES SPECIFICALLY TO THE TARGET COMPANY AND PLEASE BE SURE TO REVIEW SUCH DOCUMENTATION FOR FURTHER DISCLOSURE.
PROSPECTIVE INVESTORS SHOULD MAKE THEIR OWN INVESTIGATIONS AND EVALUATIONS OF THE INFORMATION CONTAINED HEREIN. EACH PROSPECTIVE INVESTOR SHOULD CONSULT ITS OWN ATTORNEY, BUSINESS ADVISER AND TAX ADVISER AS TO LEGAL, BUSINESS, TAX AND RELATED MATTERS CONCERNING THE INFORMATION CONTAINED HEREIN.
EXCEPT WHERE OTHERWISE INDICATED HEREIN, THE INFORMATION PROVIDED HEREIN IS BASED ON MATTERS AS THEY EXIST AS OF THE DATE OF PREPARATION AND NOT AS OF ANY FUTURE DATE, AND WILL NOT BE UPDATED OR OTHERWISE REVISED TO REFLECT INFORMATION THAT SUBSEQUENTLY BECOMES AVAILABLE, OR CIRCUMSTANCES EXISTING OR CHANGES OCCURRING AFTER THE DATE HEREOF.
CERTAIN INFORMATION CONTAINED IN THIS PRESENTATION CONSTITUTES “FORWARD-LOOKING STATEMENTS,” WHICH CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS “MAY,” “WILL,” “SHOULD,” “EXPECT,” “ANTICIPATE,” “TARGET,” “PROJECT,” “ESTIMATE,” “INTEND,” “CONTINUE,” “BELIEVE,” OR THE NEGATIVES THEREOF OR OTHER VARIATIONS THEREON OR COMPARABLE TERMINOLOGY. DUE TO VARIOUS RISKS AND UNCERTAINTIES, ACTUAL EVENTS OR RESULTS OR THE ACTUAL PERFORMANCE OF ANY OF THE TARGET COMPANY MAY DIFFER MATERIALLY FROM THOSE REFLECTED OR CONTEMPLATED IN SUCH FORWARD-LOOKING STATEMENTS.
CERTAIN INFORMATION CONTAINED IN THIS PRESENTATION HAS BEEN OBTAINED FROM SOURCES OUTSIDE OF PYNE AND KÖNIG & CIE. OR ITS SUBSIDIARIES OR AFFILIATES. WHILE SUCH INFORMATION IS BELIEVED TO BE RELIABLE FOR THE PURPOSES USED HEREIN, NEITHER PYNE AND KÖNIG & CIE., NOR ANY OF ITS PARTNERS, MEMBERS OR EMPLOYEES, ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION.
3CONFIDENTIAL – NOT FOR DISTRIBUTION
AFL will become America’s Marine Highway
Exec. Summary Partners Opportunity AFL Contacts
Our Mission
“We will completely transform North America’s
Coastal Shipping Network”
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We will completely transform the pattern of America’s supply chain network!
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Table of Contents
What I See
State of the U.S. transportation system and coastal shipping
American Feeder Lines (AFL)
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A Perfect Storm
Containers move the worlds goods. Backbone of on-time logistics chains.
More and more goods are being containerized including food
The world depends on the free flow of containers
Container volumes are back at 2008 levels
Existing U.S. transportation system under growing stress and decay
No government infrastructure money to repair and maintain the existing system let alone any
future expansion
National driver shortage estimated at 75,000
Lack of equipment
Dramatic fuel price escalation
Deployment of the Mega Liner Ships
Panama Canal Expansion
EPA mandated compliance with the 1990 Clean Air Act
Projected highway toll increases
Growing U.S. emphasis on export trade
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What I See
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Road and rail capacities are not keeping pace with transport demands
Vehicle Miles Traveled vs. Lane Miles, 1980-2008 (1980 = 100)
80%
100%
120%
140%
160%
180%
200%
220%
Vehicle Miles Traveled
Lane Miles
Exec. Summary Partners Opportunity AFL Contacts
Source: Global Insight for AASHTO Freight Bottom Line Report
U.S. Rail Network Extension Plans
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U.S. has no coastal or international container fleet
Top 20 World Liner Companies and Ports
Exec. Summary Partners Opportunity AFL Contacts
Source: US Dept of Transportation, Research and Innovative Technology Administration and Alpha Liner -Top 100 April 2011
Liner Companies Ports
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1/3 of all bridges in the U.S. are older than 50 years
State of the Nation’s Bridge Infrastructure and Repair Funding
599,996 bridges in the United States
69,223 (11.5%) are rated as “structurally deficient” according to
government standards
23% of all bridges are located in urban areas
High commuter and truck traffic
Urban bridges carry approx. ¾ of the nations bridge traffic
1/3 of all bridges in the U.S. are older than 50 years (this number
will double by 2030)
Bridge Repair Funding
The current backlog on maintenance and repair of the
nation’s bridges amounts to approximately $70.9 bn
The current Federal Highway Bridge program has
approximately $5.2 bn in funding
U.S. bridge infrastructure is lacking $65.7 bn in maintenance
and repair funds
Source: The State of Our Nation‘s Bridges; Transportation for America; 2011
Exec. Summary Partners Opportunity AFL Contacts
4,6
5,1
5,2
5,2
48,0
51,6
61,4
70,9
0,0 10,0 20,0 30,0 40,0 50,0 60,0 70,0 80,0
2006
2007
2008
2009
Yea
r
Billion US$
Actual Highway Bridge Program Appropriations Federal Estimates to Eliminate Backlog
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Maritime falls behind in funding projects
Note the obvious disparity between spending and usage!
Exec. Summary Partners Opportunity AFL Contacts
Less than .003% of the nation’s transportation budget is spent on the U.S. Marine Highway
Estimated ton-miles of domestic surface freight shipped by mode in 2007
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AFL will become America’s Marine Highway
Exec. Summary Partners Opportunity AFL Contacts
Our Mission
Cost to create one mile of Urban Highway = $20.0 – 50.0m
Cost to create one mile of the Marine Highway = $0.0
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The current transportation system is extremely costly
Costs to the U.S. Economy
• U.S. congestion responsible for $200 billion in costs each year
• Lost revenue
• Wasted time
• Wasted fuel
Economic Costs
• Significant environmental costs
• Transportation is the leading carbon emissions contributor
Environmental Costs
• Currently 68% dependency on foreign oil
Political Costs
CO2 Emissions Transportation Sector
+ 21 %
1998
2008
Source: Energy Information Administration
Source: U.S. Energy Information Administration
Exec. Summary Partners Opportunity AFL Contacts
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Market Opportunity
Jones Act fleet and estimated fuel savings
Exec. Summary Partners Opportunity AFL Contacts
The value of the fuel savings alone makes chartering an AFL vessel attractive for existing Jones Act carriers.
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AFL will become America’s Marine Highway
Exec. Summary Partners Opportunity AFL Contacts
“The idea that the U.S. cannot build ships is an excuse, not a
reason”
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The U.S. CAN build ships
U.S built a ship in 4 days, 15 hours, 29 minutes!
Exec. Summary Partners Opportunity AFL Contacts
Liberty Ship SS Robert E. Peary was built in 4 days, 14
hours, 29 minutes
After the first Liberty Ship, Patrick Henry, was built in
1941, over a hundred more followed before the end of
the year
Henry Kaiser built these ships of prefabricated modulesprefabricated modules
that were then assembled in series construction
Welding was used extensively for the first time
instead of riveting
In the first year and half of the year, construction time
for Liberty ships was reduced from 105 to 14 days
By the end of WWII, Kaiser had built one-third of the
Maritime Commission’s vessels and had set the
standard for all other yards
Kaiser’s system has been adopted by all the world’s
“commercial” yardsSource: The Abandoned Ocean by Andrew Gibson and Arthur Donovan
SS Robert E. Peary
SS Patrick Henry
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Trading Partners with Cabotage Laws
Nations that support shipbuilding in their countries
Exec. Summary Partners Opportunity AFL Contacts
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The Game Changer
Container Fleet Capacity and Vessel Size Composition
Source: Clarkson’s Research Studies 2011
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The Game Changer
Evolution of the world’s largest containerships 1985-2011
Source: Expansion of the Panama Canal: Potential Impact, Rodolfo Sabonge, March 2011
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Panama- Logistics center of the Americas
Reaching full potential of its geographical position
Source: Expansion of the Panama Canal: Potential Impact, Rodolfo Sabonge, March 2011
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Easy Access and benefits of expansion
Latin America, the Carribbean, North America, Asia and Europe
Source: Expansion of the Panama Canal: Potential Impact, Rodolfo Sabonge, March 2011
Before After
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American Feeder Lines (AFL)
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In Asia and Europe, the intermodal link between container-vessels and Truck/Rail is the Feeder-Ship
Container Transport Patterns in Asia and in Europe (Exemplified)
Exec. Summary AFL Partners Jones-Act Fleet ECA Opportunity Contacts
Asia Europe
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For example: The port of Hamburg has 159 Feedership departures per week. Zero in the U.S.!
Feeder Connections from the Port of Hamburg* (2nd largest Port in Europe)
• Port of Hamburg had a container turnover of approx. 7 mil TEU in 2009 (10 mil TEU in 2007 and 2008)
• Intercoastal transport (Feedering/Short sea) accounts for 1.5 mil TEU (21.4%) of the total volume
Exec. Summary Partners Opportunity AFL Contacts
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AFL: The intermodal link
Current Route
Exec. Summary Partners Opportunity AFL Contacts
Current Service Routes
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Feedering helps to increase road and rail transport efficiency in the U.S.
Feedering/Short Sea as Transport System Efficiency Driver
Container flows to main hubs on U.S. East and
Gulf Coast
Feedering/short sea
makes the entire system more efficient
We are applying a world-wide proven transportation system to the U.S.
Exec. Summary AFL Partners Jones-Act Fleet ECA Opportunity Contacts
29CONFIDENTIAL – NOT FOR DISTRIBUTION
First fully U.S. Jones Act compliant feeder service
Who We Are and Our Approach
American Feeder Lines (AFL) is the United States’ first short sea/feeder shipping company
Officially designated by the U.S. Department of Transportation as “American Marine Highway Project” under Title XI—Energy Transportation and Infrastructure of the Energy Independence and Security Act 2007
AFL business model is based on successful international short sea/feeder operations that exist today in Europe and Asia
AFL will target domestic cargo moves, thereby reducing the existing and growing road system congestion as well as carbon emissions
AFL will build, own, and operate 100% U.S. built, flagged, and manned Jones Act container vessels
AFL will introduce and establish the hub and spoke container network in the U.S.
AFL will facilitate the deployment of the container cargos of “super ships” on the USEC
AFL will create many new jobs at sea, in ports, in shipyards and create an entirely new maritime sector along the U.S. East and Gulf Coast
AFL International will commence operations in Q2 2011 with our New England Shuttle connecting Maine and Massachusetts via water to 17 international trunk liner companies calling Halifax weeklyExec. Summary Partners Opportunity AFL Contacts
30CONFIDENTIAL – NOT FOR DISTRIBUTION
92% of all U.S. domestic truck/rail moves are in regions to which AFL plans to offer services
Domestic (Door-to-Door) Potential on the USEC and USGC
Origin
(in millions) New England NY/NY/PA Mid AtlanticSouth
AtlanticFlorida Gulf Totals
North-bound Traffic Flow
New England - 895 1,627 1,087 2,766 6,375
NY/NY/PA - 1,200 6,019 3,470 10,110 20,799
Mid Atlantic 527 457 1,265 2,716 5,920 10,885
South Atlantic 474 3,075 636 1,598 4,821 10,604
Florida 417 2,688 2,134 522 5,689 11,450
Gulf 737 2,995 2,123 3,701 2,667 12,223
Totals 2,155 9,215 6,988 13,134 11,538 29,306 72,336
Des
tin
atio
n
Source: Four Corridor Case Studies of Short Sea Shipping Service. Submitted to the DOT by Global Insight
Exec. Summary Partners Opportunity AFL Contacts
31CONFIDENTIAL – NOT FOR DISTRIBUTION
Feedering is more economically efficient and environmentally friendly
CO2 emission to Transport 992 20’ Containers
1 American Feeder Ship
983 TEUs (14t/TEU homog. loaded, IMO, at 14 knots)
0.024 kg CO2/ton mile
246 Railcars
983 TEUs (TEU DBL stacked)
0.033 kg CO2/ton mile
655 Trucks
983 TEUs on 655 Trucks (at 1,5 TEUs / Truck)
0.105 kg CO2/ton mile.
Source: Adapted from U.S. Department of Transportation
CO2/ton mile
Exec. Summary Partners Opportunity AFL Contacts
32CONFIDENTIAL – NOT FOR DISTRIBUTION
AFL: The intermodal link
AFL’s Targeted Routes
Exec. Summary Partners Opportunity AFL Contacts
AFL’s first service: New England Halifax Shuttle
Prospective Routes
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AFL can become your intermodal partner!
What can AFL do for Boston?
• Improvement of service pattern and intermodal transportation chain
• Connect Boston via water to the world via Halifax and Portland
• Intermodal partnership
• Less stress for truck driver community – shorter rotations, more short trips
• Weekly or better U.S.-Interregional Transportation service
• Reduction of costs
• Reduction of cargo-related inland costs
• Opportunity to streamline the equipment size
• Full load containers
• Green shipping
• Logistic chains with low carbon footprints
• Intermodal link relieves road congestion and offers reliable services
• Efficient management of inland weight limitations
Exec. Summary Partners C&O AFL Opportunities Contacts
34CONFIDENTIAL – NOT FOR DISTRIBUTION
Collapse of U.S. Infrastructure resulted in America’s Marine Highway Program
Why is this the Right Time?
• Collapse of U.S. infrastructure:
• Nation's existing road and rail infrastructure cannot adequately meet future
transportation needs
• U.S. government will cut investments in U.S. landside infrastructure projects
• We are focused on green projects that take into account community and
environmental costs
• Global economic crisis leads to pressure on U.S. shipyards with new buildings now
available at reasonable prices
• U.S. DOT made this a national priority by instituting America’s Marine Highway Program
Exec. Summary Partners Opportunity AFL Contacts
37CONFIDENTIAL – NOT FOR DISTRIBUTION
Please feel free to contact us at any time
Exec. Summary Partners Opportunity AFL Contacts
Your Contacts
TOBIAS KÖNIGCEO · FOUNDING PARTNER
American Feeder Lines Holding LP
40 Wall Street · 62nd Floor · New York, NY 10005 · USA
Telephone US + 1.212.269 4888 · Fax + 1.212.269 8108
Telephone GER + 49.40.36 97 57-100 · Fax GER + 49.40.36 97 57-199
Mobile + 49.172.40 31 327 · [email protected]
PERCY R. PYNE IVCHAIRMAN · FOUNDING PARTNER
American Feeder Lines Holding LP
40 Wall Street · 62nd Floor · New York, NY 10005 · USA
Telephone + 1.212.269 4888 · Fax + 1.212.269 8108
Mobile + 1.646 824 2005 · [email protected]
American Feeder Lines Holding LP
40 Wall Street · 62nd Floor · New York, NY 10005 · USA
Telephone 212.269 4888 · Fax 212.269 8108
Mobile 978 394 8856 · [email protected]
RUDY MACKCOO
American Feeder Lines Holding LP
40 Wall Street · 62nd Floor · New York, NY 10005 · USA
Telephone + 1.212.269 8211 · Fax + 1.212.269 8108
Mobile + +1.732.763 2611 · [email protected]
ANDREW HAINESVICE PRESIDENT OF LINER MANAGEMENT
Please visit us on our website at www.american-feeder-lines.com
For additional information or to request copies of our presentation, please email [email protected]
38CONFIDENTIAL – NOT FOR DISTRIBUTION
Questions?