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Dutch court rejects Glencore's bid to purchase back a logistics unit at a discount

The Dutch court rejected Glencore’s bid to buy back Access World Group, its former logistics unit through a private transfer. Opponents said that the price proposed was too low.

According to a ruling of the Amsterdam District Court dated July 2, which was released last week, Glencore, a London-listed company, could not transfer Access World Shares?to Tironimus. Hearing was held on 21 May.

The court stated that Glencore did not demonstrate that a public auction was harmful. The court added that Tironimus might participate as a bidder at a public sale that could also identify other potential buyers. Glencore sought court approval under Dutch law for a private transfer of shares to Tironimus. The court found that the proposed transfer of shares to Tironimus posed a real risk of conflict of interest.

The company refused to comply, citing concerns about the previous sale process, the valuation of the transaction and the potential for a conflict.

Glencore has declined to comment.

Questioned about VALUATION

Global Capital Merchants Limited (based in British Virgin Islands) bought Access World in 2022 from Glencore for $176.7 millions.

Glencore initially provided GCM a vendor loan of $100 million to help finance the purchase. This was later increased to $140 millions.

The court stated that the sale 'process' was not sufficient to prove the market wouldn't pay more, because the company hadn’t fully disclosed the process. Also, the pool of bidders seemed limited. GCM did not?make the repayment due in January of 2023. According to a court document, by March 31, 2026 the total amount owed was $108.9 million, plus about $20.3 millions in interest.

The court also questioned the valuation underlying the proposed sale.

According to two sources, Glencore's Vantage Valuation valued the equity at $51.4m.

GCM was not available for comment. (Reporting and editing by Susan Fenton; Pratima Dasai)

(source: Reuters)