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Saturday, November 9, 2013

Favourable 'partial ruling' given in spat with Cooper: Apollo

Apollo Tyres today said it has received a favourable 'partial ruling' from a US court in its dispute with Cooper Tire over their proposed $2.5-billion merger agreement and stated it is committed to finding a 'sensible way forward'.

"We are pleased that the Delaware Court has found that Apollo is not in breach of its merger agreement with Cooper Tire. Furthermore, the Court found that Apollo has used 'reasonable best efforts' to negotiate with the United Steelworkers (USW) and that, contrary to Cooper's claims, 'nothing in Apollo's conduct indicates buyer's remorse'," Apollo Tyres said in a statement.

Apollo continues to believe in the merits of the combination and is committed to finding a sensible way forward, it added.

In October, Cooper filed a complaint in Delaware Court of Chancery to push for completion of their merger and stated that the Indian firm was seeking to delay an agreement with USW, which represents Cooper employees at facilities in Findlay, Ohio, and Texarkana, Arkansas.

Apollo had denied this but sought price reduction in the $2.5-billion deal citing problems related to the US firm's operations in China and concessions to the workers' union but was rejected by Cooper.

Earlier this week, Cooper had said it has reached tentative agreements with USW aimed at helping it close the deal with Apollo.

In June, Apollo had announced to acquire Cooper Tire & Rubber Co in an all-cash transaction valued at around $2.5 billion (nearly Rs.14,500 crore) and the merged entity was billed to become the seventh largest tyre maker in the world.

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