Agreement to sell Sucrogen for A$1.75 billion to Wilmar International Limited

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Agreement to sell Sucrogen for A$1.75 billion to Wilmar International Limited

? Enterprise Valuation of A$1.75 billion delivers significant value to CSR

shareholders

? Achieves strategic separation of CSR’s very different operating

businesses

? CSR board considering capital management options

CSR Limited announced today that it has agreed to sell its Sugar and Renewable

Energy business, Sucrogen, to Wilmar International Limited (“Wilmar”) for an

enterprise value of A$1.75 billion (excluding minority interests).

CSR Chairman, Dr Ian Blackburne said: “the sale of Sucrogen to Wilmar achieves

CSR’s objective of separating its two very different operating businesses.

“We have been working towards this objective for some time and having explored a

number of strategic alternatives, the Board believes a sale to Wilmar is in the best

interests of shareholders and stakeholders in CSR.”

CSR Managing Director, Jeremy Sutcliffe, said “the sale price of A$1.75 billion is an

attractive valuation and will deliver significant value to CSR shareholders.

“Wilmar is one of the region’s largest listed agribusinesses, with a market

capitalisation of approximately A$31 billion. The sale will enable Sucrogen to develop

its globally cost competitive position in raw sugar milling, together with its market

leading positions in refining and renewable energy, as part of a world-leading agribusiness

group.”

“Following the sale, CSR can focus on growing its building products business, which

already has significant leverage to the Australia/New Zealand residential and

commercial construction industries, combined with a strategic investment in a

globally cost competitive aluminium smelter.”

Terms of sale

The sale is subject to the following conditions:

o Foreign Investment Review Board approval;

o Overseas Investment Office (NZ) approval; and

o Other customary sale conditions.

The sale is expected to complete by (or before) the last quarter of 2010. The ultimate

consideration paid will include an adjustment to reflect Sucrogen’s indebtedness to

CSR at closing. A summary of the key terms of the Sale and Purchase Agreement is

contained in Appendix A. At closing CSR will also enter into the usual separation

agreements with Wilmar, including a Transition Services Agreement, to facilitate the

orderly transfer of Sucrogen.

 

Capital management options

Net proceeds from the sale will depend on CSR’s capital gains tax liability from the

sale, transaction costs and other sale adjustments, but are expected to be

approximately A$1.6 billion.

CSR is evaluating a range of capital management options to utilise these proceeds

efficiently. CSR will also review a variety of strategic opportunities over the coming

months and capital management decisions will be made following this review. In

evaluating these options, CSR continues to accept its responsibilities with respect to

its asbestos liabilities and will maintain a responsible capital structure to support its

future obligations.

Demerger

Pursuant to the share sale agreement between CSR and Wilmar, CSR has agreed to

defer implementation of its demerger of Sucrogen until 31 December 2010. If for any

reason the sale cannot be completed, CSR may seek to proceed with a form of

demerger.

CSR post sale

Post sale, CSR will be a focused building products company with a strategic

investment in a globally cost competitive aluminium smelter.

CSR maintains a portfolio of Australia/New Zealand’s market-leading brands and

extensive channels to market, supported by a strong manufacturing base which has

been strengthened through the recent capital reinvestment programme.

The business will have a robust capital position, which is complemented by the

strong cashflows generated by its investment in the Tomago aluminium smelter and

sales from its property development portfolio.

In anticipating the potential separation, CSR has already appointed a strong

management team, headed by Rob Sindel, CEO, CSR Building Products who has

over 20 years’ experience in the building and construction industries through senior

executive roles at Hanson and CSR.

Mr Sindel will be appointed Managing Director and join the board of CSR Ltd,

replacing interim Managing Director, Mr Sutcliffe on or shortly after the completion of

the sale of Sucrogen. Mr Sutcliffe will then revert to his former role as a nonexecutive

director of CSR.

Sucrogen operations

Until completion, Sucrogen will continue its operations in the ordinary course, subject

to agreed arrangements with Wilmar. Wilmar does not anticipate any significant

changes in the short term to Sucrogen's management and operations (including its

milling and refining assets and its export contract with Queensland Sugar Limited).

Post completion, Wilmar intends to work with Sucrogen’s existing management to

enhance the Australian and New Zealand operations and to pursue Asian growth

opportunities.

 

5 July 2010

Media/analyst enquiries:

Martin Cole, CSR Investor Relations

Tel: (02) 9235 8053

Wilmar description

Wilmar, founded in 1991, is today Asia’s leading agribusiness group. It ranks

amongst the largest listed companies by market capitalisation on the Singapore

Exchange.

Its business activities include oil palm cultivation, edible oils refining, oilseeds

crushing, consumer pack edible oils processing and merchandising, specialty fats,

oleochemicals and biodiesel manufacturing, and grains processing and

merchandising. Headquartered in Singapore, its operations are located in more than

20 countries across four continents, with a primary focus on Indonesia, Malaysia,

China, India and Europe. Backed by a multi-national staff force of more than 80,000

people, over 300 processing plants and an extensive distribution network, its

products are sold to more than 50 countries.

 

Appendix A

Summary of key terms of the Share Sale Agreement

1 Purchase

The Agreement provides for the purchase of all of the shares in Sucrogen from the

Seller by the Buyer with a guarantee of the Buyer’s obligations by the Buyer’s

Guarantor.

2 Purchase Price

The purchase price for the Sucrogen shares is $1.347 billion. In addition to the

payment of the purchase price, the Buyer must procure that the Transaction Entities

repay the indebtedness owing by the Transaction Entities to the Seller Group at

Completion (subject to certain agreed exclusions). As at 31 March 2010, the

indebtedness owed by the Transaction Entities to the Seller Group was

approximately $425 million, with A$22 million of cash and cash equivalents on

Transaction Entities balance sheet.

3 Conditions for Completion

The Agreement does not become binding on the parties until the following conditions have

been satisfied (or waived):

(a) Foreign Investment Review Board approval: the Buyer has received a

written notice from the Treasurer of the Commonwealth of Australia stating

the Commonwealth Government does not object to the transactions

contemplated by the Agreement, either unconditionally or on terms that

are acceptable to the Buyer (acting reasonably); and

(b) Overseas Investment Office approval: the Buyer has received all

approvals, consents and authorisations as required to complete the

transactions contemplated by the Agreement from OIO; and

(c) Third party consents: receipt of certain third party consents.

Either party may terminate the Agreement before Completion if the conditions above are not

satisfied, or waived, by 31 December 2010, or the conditions become incapable of

satisfaction or that the parties agree that the conditions precedent cannot be satisfied.

4 Termination rights

(a) The Seller may terminate the Agreement by notice in writing to the Buyer if an

Insolvency Event occurs in relation to the Buyer or the Buyer’s Guarantor:

(b) The Buyer may terminate the Agreement if:

 

(1) an Insolvency Event occurs in relation to a material Transaction

Entity; or

(2) there is a material adverse change in the business of the Transaction

Entities (taken as a whole), defined in terms of a reduction or

expected reduction in the enterprise value of the Transaction

Entities (taken as a whole) of 15% or more (excluding the impact

of world sugar prices, currency exchange rate changes, changes

in general economic conditions of other factors affecting industry

participants in a similar manner).

5 Other terms

(a) The Agreement contains negotiated warranties and indemnities which are

subject to claim thresholds and limitations, together with other provisions

in accordance with usual market practice.

(b) Further separation and transitional services agreements are proposed to be

entered into prior to Completion.

6 Defined terms

Buyer Wilmar Australia Pty Limited ACN 144 973 115.

Buyer’s Guarantor Wilmar International Limited.

Completion completion of the sale and purchase of the Sucrogen shares.

Insolvency Event 1 an order is made or an effective resolution is passed for the

winding up or dissolution without winding up (otherwise than for

the purposes of reconstruction or amalgamation);

2 a receiver, receiver and manager, judicial manager, liquidator,

administrator or like official is appointed over the whole or a

substantial part of the undertaking or property; or

3 a holder of an encumbrance takes possession of the whole or any

substantial part of the undertaking and property.

Seller CSR Limited ACN 000 001 276.

Seller Group the Seller and each of its Related Bodies Corporate (other than the

Transaction Entities)

CSR Limited

Triniti 3 39 Delhi Road

North Ryde NSW 2113

Australia

T +612 9235 8000

F +612 8362 9013

E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it

www.csr.com.au

ABN 90 000 001 276

6 of 6

Sucrogen Sucrogen Limited (ABN 47 098 999 985).

Transaction

Entities

Sucrogen and each of its subsidiaries.