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Published on 1/14/2008 in the Prospect News Special Situations Daily.

Agrium to refile Hart-Scott-Rodino notification in UAP merger

By Lisa Kerner

Charlotte, N.C., Jan. 14 - Agrium Inc. once again withdrew its notification and report form submitted 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 refile in the next 30 days, according to a company news release.

Agrium originally filed its notification and report form under the HSR Act on Dec. 10 and refiled on Dec. 28 after which the FTC informally requested additional information about the businesses of Agrium and UAP .

The latest withdrawal and refilling will provide the FTC with more time to review the information submitted without requiring a "second request" for information, which would push the merger closing to summer.

However, there can be no assurance that the FTC will not issue a second request, the release stated.

It was previously reported that Agrium agreed to acquire UAP for $2.65 billion, including debt.

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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