The Oklahoman

Williams Cos. sues Energy Transfer Equity, its founder over stock offering

- BY CASEY SMITH Tulsa World casey.smith@tulsaworld.com

Williams Cos. Inc. has filed suit against Energy Transfer Equity and its founder in response to a private stock offering disclosed March 9.

The lawsuit against Energy Transfer Equity in a Delaware court seeks to unwind the private offering, according to a news release from Williams.

The litigation against Energy Transfer Equity’s founder and Dallas billionair­e Kelcy Warren in a Texas court is for wrongful interferen­ce with the merger agreement executed on Sept. 28, 2015, as a result of the private offering of Series A Convertibl­e Preferred Units. board of directors said it

Under the plan disclosed has not changed its recommenda­tion in a regulatory filing, in favor of the unitholder­s agreed merger agreement the Tulsato forgo a portion of theirbased pipeline company future potential cash distributi­ons made with Energy on common Transfer Equity on Sept. units for a period of up to 28. Pending Williams’ nine fiscal quarters. shareholde­r approval as

Only accredited investors well as some other closing were able to participat­e conditions, the merger is in the plan. According expected to be completed to the announceme­nt in by the end of June. March, Energy Transfer However, following a Equity initially intended to review of Energy Transfer provide all of its common Equity’s private offering, unitholder­s the opportunit­y Williams concluded that to participat­e in the the deal is a breach of the offering. However, Williams merger agreement and Cos. wouldn’t allow filed litigation to protect its accounting firm to consent the interests of Williams to a public offering, shareholde­rs, according to the filing said. the statement.

In a statement Wednesday, Amongthe Williamsot­her things, Cos. the statement reads, the offering provides select Energy Transfer Equity investors with preferenti­al treatment on distributi­on. The litigation is intended to ensure that Williams’ stockholde­rs will receive the considerat­ion to which they are entitled under the merger agreement.

“The Williams Board is unanimousl­y committed to enforcing its rights under the merger agreement entered into with ETE on September 28, 2015, and to delivering the benefits of the merger agreement to Williams’ stockholde­rs,” the statement reads. “ETE has no basis to avoid its obligation­s under the merger agreement.”

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