MOSCOW (MRC) -- Dan Loeb, the founder of hedge fund Third Point, is calling for the removal of Dow Chemical CEO Andrew Liveris, days after the company agreed to combine with DuPont in the largest-ever chemicals merger, according to a person familiar with the matter, reported Hydrocarbonprocessing.
Loeb supports the deal but, in a letter sent to Dow’s board on Saturday, questioned the timing of its announcement on Friday, just two days before the expiration of a standstill agreement between Dow and the hedge fund, said the person, who asked not to be identified because the letter hasn’t been published.
Loeb is concerned the merger may have been rushed to beat the expiry of the accord, the person said. Loeb declined to comment on the letter.
Third Point holds a 2% stake in Dow and last year criticized its financial performance. Loeb had urged Liveris to separate Dow’s plastics and petrochemicals operations from faster-growing businesses such as crop seeds. In November 2014, soon after Third Point initiated a proxy contest, Dow agreed to turn over two board seats to nominees of the hedge fund. The two sides also agreed to the standstill arrangement, which barred either one from publicly disparaging the other.
Dow and DuPont said their all-stock merger of equals will create a company, DowDuPont, valued at about USD130 billion, a first step toward eventually creating three new businesses focused on agriculture, plastics and materials, and specialty-chemical products. Liveris, who’s also chairman of Dow, is slated to become executive chairman of the merged company. DuPont chairman and CEO Ed Breen will become CEO of the new company.
Directors of Midland, Michigan-based Dow, including the two nominated last year by Third Point, "are unanimously and fully supportive of the announced merger," Dow said in an e-mailed statement. "We stand by both our and DuPont’s boards’ unanimous decisions to conduct this transaction." Nine of Dow’s 12 board members excluding Liveris issued individual statements supporting management and the merger, including Raymond Milchovich and Robert S. Miller, the Third Point nominees who became directors in January.
DuPont is an American chemical company that was founded in July, 1802. The company manufactures a wide range of chemical products, leading extensive innovative research in this field. The company is the inventor of many unique plastics and other materials, including neoprene, nylon, Teflon, Kevlar, Mylar, Tyvek, etc. DuPont was the developer and main producer of Freon used in the production of refrigeration equipment.
The Dow Chemical Company is an American multinational chemical corporation. Dow is a large producer of plastics, including polystyrene, polyurethane, polyethylene, polypropylene, and synthetic rubber. In 2014, Dow had annual sales of more than USD58 billion and employed approximately 53,000 people worldwide.
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