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Published on 12/31/2008 in the Prospect News Special Situations Daily.

Agrium to re-file Hart-Scott-Rodino notification in UAP merger

By Lisa Kerner

Charlotte, N.C., Dec. 27 - Agrium Inc. withdrew its notification and report form submitted on Dec. 10 to the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission under the Hart-Scott-Rodino Antitrust Improvements Act in its proposed acquisition of UAP Holding Corp.

The company plans to re-file the documentation on Dec. 28 in order to have a full 15-day period after the filing to discuss the transaction with the Department of Justice or Federal Trade Commission.

The Hart-Scott-Rodino waiting period is set to expire at 11:59 p.m. ET on Jan. 14, according to a company news release.

On Dec. 3, Agrium announced an agreement to acquire UAP for $2.65 billion, including debt.

The merger is expected to create "the largest North American retailer of crop inputs and services, with broader geographic coverage," a previous Securities and Exchange Commission filing stated.

UAP Holding, located in Greeley, Colo., is the holding company of UAP Inc., an independent distributor of agricultural and non-crop products in the United States and Canada.

Agrium is a retail supplier of agricultural products and services in North America and South America and a producer of agricultural nutrients and industrial products. The company is based in Calgary, Alta.


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