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NOT A SUBSCRIBER?Dow's financing still uncertainPosted on February 23, 2009 11:03 AM
Citigroup Inc.'s reorganization isn't likely to affect Dow Chemical Co.'s $15.4 billion merger with Rohm and Haas Co., but risks remain that even if a court mandates a merger close, the buyer could lose its financing. It is not a given that Rohm and Haas will win specific performance of the merger agreement in the Delaware Court of Chancery trial scheduled to begin March 9 before Chancellor William Chandler. Bank lenders for the transaction are not parties to the litigation, but the leads on the $13 billion bridge loan, Citigroup, Merrill Lynch & Co. and Morgan Stanley, have received subpoenas for documents related to Dow's efforts to refinance the deal through equity, debt and asset sales.
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