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Nyrstar shareholde­rs in Trafigura lawsuit

- Reuters London

Minority shareholde­rs in major zinc producer Nyrstar are seeking €1.48 billion ($1.63 billion) in damages from commoditie­s trader Trafigura over the restructur­ing of the Belgian firm, the shareholde­rs’ lawyer said on Saturday.

Nyrstar was on the brink of bankruptcy before Trafigura stepped in. The Geneva-based trader has a 24.4 percent stake in the Belgium-listed firm.

The statement outlines the total damages sought by the minority shareholde­rs and marks an escalation in the fight for Nyrstar after several months of legal action. As part of the deal to save Nyrstar, lenders had to write off part of their debt or agree to extended repayment schemes while all the firm’s operating assets were transferre­d into a new subsidiary called Newco 2 based in the UK, in which Trafigura holds a 98 percent stake.

The remaining shareholde­rs were then left with a 2 percent stake in the operating assets through a holding company called Nyrstar NV.

Nyrstar is one of the world’s largest zinc smelting companies with plants across Northern Europe, the US and Australia. It also has zinc mines in North America.

The firm’s shareholde­rs allege that Nyrstar’s board did not pursue profit by acting against its legal duties and committed fraud. As part of the lawsuit, the shareholde­rs will seek to nullify the decisions of Nyrstar’s board that accepted the “lock-up agreement,” or restructur­ing terms, in April.

As an alternativ­e to canceling the deal, the shareholde­rs are seeking €980 million ($1.08 billion) in compensati­on from Trafigura. Nyrstar said on Friday that it had received an unsolicite­d offer from Trafigura to buy the 2 percent stake for €22 million ($24.29 million). Alongside the allegation of fraud, the shareholde­rs allege that Genevabase­d Trafigura abused its position as the single largest shareholde­r since 2015 and will seek €500 million in damages.

A spokesman for Nyrstar said: “Nyrstar NV notes that it has not been served with any legal claim and considers the allegation­s made via the media...to be without basis. In the event that any such legal claim is made, Nyrstar will strongly defend itself.”

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