COLUMBUS, OH/THE WOODLANDS, TX – Hexion Specialty Chemicals Inc. has
filed suit in a Delaware Court to declare its contractual rights with
respect to its $10.6 billion merger agreement with Huntsman Corp.,
effectively terminating the deal. Hexion said in the suit that it
believes that the capital structure agreed to by Huntsman and Hexion
for the combined company is no longer viable because of Huntsman's
increased net debt and its lower-than-expected earnings. While both
companies individually are solvent, Hexion believes that consummating
the merger on the basis of the capital structure agreed to with
Huntsman would render the combined company insolvent.
In response, Huntsman has filed suit against Apollo Management and
partners Leon Black and Joshua Harris. The suit claims fraud and
tortious interference in connection with inducing Huntsman to
terminate its merger agreement with Basell to enter into a merger
agreement with Apollo-affiliate Hexion Specialty Chemicals instead. In
the petition, Huntsman seeks damages exceeding $3 billion, plus
exemplary damages. The company also plans to contest the allegations
made about its performance.
For additional information, visit www.hexion.com and www.huntsman.com.