News from Notch Consulting, Inc.

April 16, 2009

DC Chemical Files Lawsuit Against One Equity Partners Regarding Sale of Columbian Chemicals

Filed under: Carbon Black — Notch @ 10:30 pm

On March 23, 2009, DC Chemical filed a lawsuit in New York supreme court against One Equity Partners, L.P. (OEP) for breach of share acquisition related to the sale of DC Chemical’s interest in Columbian Chemicals Company to OEP. As noted on this blog yesterday, on April 1, 2009, DC Chemical changed its name to OCI Company, Ltd.

Here is a link to the case at WebCivil Supreme.

In the complaint, DC Chemical alleges that OEP violated the purchase agreement because it did not use “commercially reasonable best efforts” to cause the closing of the sale to occur.

DC Chemical states (i) it is ready for closing; (ii) the SPV [special purpose vehicle, an entity created to purchase the shares] is not ready for closing; and (iii) no MAE [materially adverse effect] has occurred that would justify non-performance by the SPV.

In its answer, the SPV, Columbian Chemicals (Cayman) Holdings, Ltd., denied the charges and asked the court to dismiss the case.

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