The Stel Salaried Pensioners Organization wishes to thank The Hamilton Spectator for permission to post the following article by Reporter Tara Perkins, published in the January 17, 2006 edition

 

Stelco brass, stockholders in a faceoff over plan

By Tara Perkins
The Canadian Press
TORONTO (Jan 17, 2006)

Stelco Inc. revealed its proposed new board of directors yesterday, as chosen by the firms that will own the steelmaker if its restructuring plan is approved.

Executives and lawyers of the Hamilton-based steelmaker will appear in Ontario Superior Court today asking for approval of the plan.

They will face off against a group of stockholders that says the plan unfairly wipes out the value of Stelco's current shares. They want the company to put itself up for sale.

The shareholder group, which includes Toronto investment firm Pollitt & Co. and AGF Management Ltd., alleges the plan is based on pessimistic steel forecasts for 2006.

In an affidavit, a consultant with Metal Bulletin said his base estimate for hot rolled steel coil in 2006 is $525 US a tonne, while Stelco's forecast was $458 a tonne.

The shareholders have also pointed to the bidding war for Stelco's rival, Dofasco Inc., which received a $71-per-share offer from the world's biggest steelmaker yesterday that represents a 61 per cent premium to Dofasco's share price before the bidding war.

Stelco filed for bankruptcy protection in January 2004. If its plan is approved, it should be able to leave court protection by the spring. Under the plan, Tricap Management Ltd., a restructuring fund owned by Brookfield Asset Management, the former Brascan Corp., will own at least 34 per cent of Stelco, in return for a $375-million loan and other financing.

Two other financiers, Sunrise Partners LP and Appaloosa Management LP, would own a combined Stelco stake of at least 34.9 per cent.

The plan allows Tricap to choose four directors for the steelmaker's new board, which would take over once the plan is implemented. Sunrise and Appaloosa are each able to choose one director, while the remaining directors must be acceptable to all.

Tricap's proposed directors are Peter Gordon, managing partner of Tricap Management Ltd., Cyrus Madon, managing director of Tricap and former CFO of Royal LePage, John Lacey, chairman of The Alderwoods Group Inc., and Tony Molluso, CEO of Concert Industries.

Sunrise proposes Laurie Bennett, former partner of Ernst & Young, while Appaloosa named Steve Cohn, managing director of New York-based Alvarez & Marsal, LLC.

The remaining three directors would be Pierre Dupuis, former chief operating officer of Dorel Industries Inc., Courtney Pratt, current CEO of Stelco and the steelmaker's new CEO.

All of the potential directors have said they are willing to serve on the new board, Stelco said.

Last week, the company revealed that Pratt has been asked to step down as CEO, but the financiers have suggested they want him to become chairman.

In court documents prepared for today's court hearing, chief restructuring officer Hap Stephen defended the company's plan, which was achieved after overcoming numerous hurdles. "The plan is not oppressive of the equity holders," Stephen said.

Stephen said "it is virtually certain that the only option available to Stelco would be a sale/liquidation of Stelco's assets" unless there is a plan that is accepted by the province, the union and creditors.

Shareholders allege Stelco's true value is high enough that there is money to pay off creditors and leave some left over for shareholders.