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Legal wranglings hold up Kaiser/Glencore deal
published: Friday | March 26, 2004

THE UNITED States (US) Bankruptcy Court has ruled that the sale of Kaiser's 65 per cent stake in ALPART should be auctioned.

The ruling has terminated a pre-sale agreement with the Swiss-based firm Glencore International to purchase the shares.

Norman DaCosta, vice-president and deputy island supervisor of the National Workers Union (NWU), with responsibility for the bauxite sector, said the Court at its March 22 sitting, ordered that a minimum bid of US$215 million be set for Kaiser's majority stake holdings in ALPART, after which the winning bid will be announced on April 26.

As a result, Kaiser's agreement to sell its shares to Glencore for approximately US$165 million, was terminated without prejudice.

Earlier this month, Russian Aluminium (RusAl), the world's second largest aluminium producer, launched a renewed bid of US$237 million to purchase Kaiser's shares in ALPART, outbidding Glencore.

The Official Committee of Unsecured Creditors of Kaiser, in expressing its support of RusAl's bid, has reportedly filed a motion asking the Bankruptcy Court to reject Glencore's offer and put a new bidding procedure in place.

In the meantime, the Norwegian company, Norsk-Hydro, which owns the remaining 35 per cent stake in ALPART, still has the right of first refusal to purchase the other 65 per cent.

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