2nd UPDATE: DOJ Clears International Paper's Purchase Of Temple-Inland
February 10 2012 - 7:07PM
Dow Jones News
International Paper Co. (IP) will sell three containerboard
mills under an antitrust agreement with the U.S. Department of
Justice that allows the company to complete the $3.48 billion
purchase of rival Temple-Inland Inc. (TIN).
The settlement agreement filed Friday in a federal court in
Washington requires International Paper to sell Temple-Inland mills
in New Johnsonville, Tenn., and Ontario, Calif., and an IP mill in
Hueneme, Calif. The sale of the mills will trim 970,000 tons of
containerboard production capacity, or about 7% of the total
capacity of the combined companies. International Paper will have
four to six months to sell the plants.
Containerboard is used to make corrugated cardboard boxes. The
Justice Department demanded the sales to maintain a competitive
market in a consolidating industry for cardboard boxes.
Austin, Texas-based Temple-Inland is the fourth-largest producer
of industrial packaging in North America with a 10% share of the
market. International Paper of Memphis, Tenn., is the market leader
with a 27% share of the North American market. Following the sale
of the three mills, International Paper's market share is projected
at 34%.
International Paper said the agreement with the Justice
Department will allow the purchase of Texas-based Temple Inland to
close as soon as next week. International Paper will pay Temple
shareholders $32 for each of their approximately 110 million shares
of stock. The company values the total cost of the deal at $4.3
billion based on a higher share count from exercised stock options
and $600 million in assumed debt from Temple.
IP Chairman and Chief Executive John Faraci said he's satisfied
with the Justice Department agreement, predicting that the
devestitures will not disrupt the company's goal of reaching $300
million in cost-saving synergies from Temple over the next two
years.
"With better U.S. economic data, improving box demand and export
prices stabilizing, we think we're very well-positioned to get this
off to a good fast start," said Faraci during a conference call
Friday with analysts. Temple-Inland will "make International
Paper's already-good industrial packaging business an excellent
one."
Paper industry analysts said the number of mills IP has to sell
is more than they anticipated, but noted the Justice Department
left intact the network of plants that converts containerboard into
boxes.
"They made no conditions on the box plants and that's where all
the synergies are," said Chip Dillion, an analyst with Vertical
Research Partners.
Dillion said the California mills on the selling block are
higher cost operations than many of the mills IP was allowed keep
because they rely on recycled cardboard to make containerboard. The
recycled feedstock is subject to more price volatility than wood
pulp used by other mills.
The combined company will have 17 mills. With Temple, IP expects
to generate about $30 billion a year in sales with projected income
before taxes and interest of about $4.3 billion.
International Paper does not expected to have difficulty selling
the three mills. But if IP is unable find a buyer for its Hueneme
mill, it will attempt to sell its mill in Henderson, Ky.
The company also intends to sell Temple's construction materials
business.
"With signs of improvement in housing market, that should
positively impact the sale of the building products business,"
Faraci said.
Temple-Inland's board had adamantly refused IP's overtures last
summer for a merger, insisting that IP's original $30.60-a-share
offer severely undervalued the company. Temple's board adopted a
so-called "poison pill" plan to block IP's attempt to obtain a
majority of Temple's stock by purchasing shares directly from
Temple shareholders.
But by the end of August, Temple's leverage to extract a higher
price from IP had eroded. The stock market deteriorated and the
U.S. economy hit a soft spot, causing Temple shareholders to become
nervous about the company's stonewalling of International
Paper.
Moreover, Temple encountered unanticipated liabilities that
threatened to diminish the value of the company. Bankruptcy trustee
for creditors of a bank Temple once owned sued the company for $1
billion in damages. The complaint accused Temple of looting
Texas-based Guaranty Bank's assets and engaging in risky banking
practices before spinning off the bank in 2007. The bank collapsed
in 2009.
Temple also was hit with expenses stemming from the accidental
discharge of waste material from a Louisiana paper mill into the
Pearl River. The mishap depleted the oxygen level in the water,
killing thousands of fish and shellfish. Expenses related to the
bank case and the spill remain unresolved.
-By Bob Tita, Dow Jones Newswires; 312-750-4129;
robert.tita@dowjones.com
--Brent Kendall contributed to this article.
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