From Deseret News archives:
Huntsman Corp. wins case
Apollo must comply with purchase agreement
In a 91-page ruling, Delaware Chancery Court Judge Stephen Lamb stated Apollo and Hexion Specialty Chemicals Inc. the company through which Apollo intended to buy Huntsman had "knowingly and intentionally" breached their obligations by trying to back out of a July 12, 2007, purchase agreement to buy Salt Lake City-based Huntsman.
"Under the merger agreement, Hexion had no right to terminate the agreement based on potential insolvency of the combined company or due to lack of financing," Lambert wrote.
A Hexion spokesperson did not respond to an e-mail request for comment Monday night.
Huntsman sells epoxy resins, polyurethanes and other specialty chemicals. The company is based in Salt Lake City, but it operates from The Woodlands, Texas.
Huntsman Corp. president and CEO Peter Huntsman said the Huntsman family is elated over the judge's ruling.
"Personally, it is everything I was hoping it to be and then some," he said.
His father, Jon Huntsman Sr., company founder and chairman, could barely speak when he heard the ruling, Peter Huntsman said.
The ruling not only bodes well for the Huntsman family, it also bears substantial benefits for Utah, Peter Huntsman said. If the company is sold as planned, an estimated $700 million will go toward Jon Huntsman Sr.'s humanitarian and philanthropic endeavors, particularly in cancer research. But those goals were bogged down by Hexion's attempts to terminate the agreement by claiming Huntsman was insolvent.
"They accused us of not running our business well," Peter Huntsman said. "They accused us of a number of misdeeds."
On June 26, 2007, Huntsman, the sixth-largest U.S. chemical company, announced it would be sold to New York-based Access Industries Holdings LLC through its Basell Holding BV chemical unit of the Netherlands for $5.88 billion, or about $25.25 per share.
Three days later, Apollo upped the ante with a $6.54 billion offer, or about $28 per share. Apollo planned to purchase Huntsman through Hexion based in Columbus, Ohio a company it formed through several acquisitions.
Recent comments
I happen to know one of those "lawyers" and he is a quality individual.
Dan | Sept. 30, 2008 at 5:32 p.m.
I don't think people in the U.S. consider a contract a done deal...
Re: Robert | Sept. 30, 2008 at 3:28 p.m.
But in Europe the law of contract is not the same as here in this...
Robert | Sept. 30, 2008 at 11:25 a.m.
- Connecticut routs Boston U. 92-64 8:02 p.m.
- Savard scores 200th goal in win 7:53 p.m.
- LeBron, Shaq help Cavs down Suns 7:50 p.m.
- Utes get back on field for bowl prep 7:49 p.m.
- Sedin twins spark Canucks 7:38 p.m.
- Lewis leads Magic over Knicks 7:36 p.m.
- Butler rolls past Ball State 59-38 7:30 p.m.
- Louisville cruises by Stetson 80-48 7:29 p.m.
- Pena nets career-high for Villanova 7:13 p.m.
- 'Lost' secrets should stay hidden 7:08 p.m.
- Why is Y. ignoring spew of hatred?
- Unbeaten BYU takes trip to Logan
- Mitchell compared to Ervil LeBaron
- BCS just keeps dirty laundry on spin
- Teen girl killed in Kaysville crash
- Utahns growing tired of Bennett
- 2 citations issued at Y.-U. game
- Orem pair getting a rep for crime
- MWC awaits bowl destinations
- Simple candies for the holidays
- Hall mouths off about hate of Utah
913 - Cougars beat Utes in overtime
483 - Hall reprimanded by MWC
404 - Max Hall issues apology
391 - Hall's pain reflects self-betrayal
358 - Utes won't respond to Hall
277 - BYU says Hall incident resolved
243 - Why is Y. ignoring spew of hatred?
224 - 2 citations issued at Y.-U. game
176 - Religion in politics is tiresome
154
First, a big thank you to all who posted questions here for me to ask...
As the TV cameras Tuesday night scanned the West Point audience during...
LDS Church publisher Deseret Book has some specials for the holidays.
'LOSER' is not a label that would apply to Tiger Woods.
cant really say I'm looking forward to another year of farm talk and tractor...
Yep, good job Obama. Thanks for tipping your hat to the Taliban and...
"Keith? Keith Olberman?? Is that you??? I thought I recognized your voice!!!!!"
some people sure love their conspiracy theories don't they next "budget...
Grandfamilies and the Childrens Service Society provice wonderful service to...
Couple questions on you(r) bowl list What are the current bowl win streaks...
Like Christy said, does this suprise anyone. It is only a matter of time and...
I am a New Yorker and I am disgusted with our lawmakers cowards act today.
Who was it that attacked the person with the cell phone? Who pushed the...


