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Published on 8/24/2009 in the Prospect News Distressed Debt Daily.

Asarco asset purchaser increases cash portion of offer by $500 million

By Caroline Salls

Pittsburgh, Aug. 24 - Asarco LLC asset purchaser Sterlite Industries (India) Ltd. has increased its offer for substantially all of Asarco's operating assets by about $500 million, and has proposed to support a plan of reorganization that is intended to pay creditors in full with post-bankruptcy interest, according to a Sterlite news release.

With this improvement, Sterlite said the revised total cash consideration will increase to $ 2.1 billion.

While there is an increase in the cash consideration, Sterlite said it will receive a 72.5% interest in the litigation trust to be set up by Asarco in connection with a judgment against Asarco parent Americas Mining Corp., which was awarded earlier this year by the U.S. District Court of Texas, Brownsville division.

According to the release, the proposed $207.9 million nine-year copper participation note and asbestos creditor put option components of the sale agreement remain unchanged.

Asarco, a Tucson, Ariz., mining company, filed for bankruptcy on Aug. 9, 2005 in the U.S. Bankruptcy Court for the Southern District of Texas. Its Chapter 11 case number is 05-21207.


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