8:47 PM

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Chinese PM pushes back as U.S. currency bill looms

Addison Ray

By Paul Eckert and Doug Palmer

NEW YORK/WASHINGTON | Wed Sep 22, 2010 10:46pm EDT

NEW YORK/WASHINGTON (Reuters) - Chinese Premier Wen Jiabao pushed back on Wednesday against U.S. pressure to revalue the yuan, as U.S. lawmakers threatened to penalize China for keeping its currency artificially low.

Wen, who is due to meet U.S. President Barack Obama in New York on Thursday during the U.N. General Assembly, said in a speech to U.S. business officials the yuan exchange rate had no relation to U.S. trade deficits and should not be politicized.

He added that a 20 percent appreciation of the yuan, also called the renminbi, as demanded by U.S. lawmakers would cause many bankruptcies in the Chinese export sector, where firms operate on thin margins.

"The conditions for a major appreciation of the renminbi do not exist," Wen said, adding the appreciation of China's currency demanded by U.S. lawmakers would not bring jobs back to the United States because U.S. firms no longer make such labor-intensive products.

A House of Representatives committee scheduled a vote for Friday on a China currency bill, and a Democratic aide said the full House was expected to vote on the measure next week.

Critics inside and outside Congress say China deliberately undervalues its currency by as much as 25 percent to 40 percent to give Chinese companies an unfair trade advantage, hurting U.S. exports and job prospects.

Obama said on Monday that China had not done enough to raise the value of the yuan, keeping up Washington's tough rhetoric on Chinese policy as U.S. lawmakers planned legislation to punish Beijing.

"It is time for Congress to pass legislation that will give the administration leverage in its bilateral and multilateral negotiations with the Chinese government," House Speaker Nancy Pelosi said in a statement.

"If China allowed its currency to respond to market forces, it could create a million U.S. manufacturing jobs and cut our trade deficit with China by $100 billion a year, with no cost to the U.S. Treasury."

In his speech in New York, Wen said, "I fully believe that all the disputes and friction in China-U.S. trade at the moment can be resolved."

He added that China wanted a "strong and stable U.S., just as the U.S. needs a strong, stable China."

"The main reason for the U.S. trade deficit with China is not the renminbi exchange rate, but the structure of trade and investment between the two countries," he said.

ISSUE GAINING MOMENTUM

U.S. lawmakers have pressed this issue for years with little success, but it appears to be gaining momentum -- and bipartisan support -- six weeks before congressional elections in which the high unemployment rate is the top issue.

The bill being considered was co-sponsored by a Democrat and Republican, and several Republican lawmakers strongly criticized China's currency policy at congressional hearings on the matter last week.



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8:36 PM

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Chinese PM pushes back as U.S. currency bill looms (Reuters)

Addison Ray

NEW YORK/WASHINGTON (Reuters) � Chinese Premier Wen Jiabao pushed back on Wednesday against U.S. pressure to revalue the yuan, as U.S. lawmakers threatened to penalize China for keeping its currency artificially low.

Wen, who is due to meet U.S. President Barack Obama in New York on Thursday during the U.N. General Assembly, said in a speech to U.S. business officials the yuan exchange rate had no relation to U.S. trade deficits and should not be politicized.

He added that a 20 percent appreciation of the yuan, also called the renminbi, as demanded by U.S. lawmakers would cause many bankruptcies in the Chinese export sector, where firms operate on thin margins.

"The conditions for a major appreciation of the renminbi do not exist," Wen said, adding the appreciation of China's currency demanded by U.S. lawmakers would not bring jobs back to the United States because U.S. firms no longer make such labor-intensive products.

A House of Representatives committee scheduled a vote for Friday on a China currency bill, and a Democratic aide said the full House was expected to vote on the measure next week.

Critics inside and outside Congress say China deliberately undervalues its currency by as much as 25 percent to 40 percent to give Chinese companies an unfair trade advantage, hurting U.S. exports and job prospects.

Obama said on Monday that China had not done enough to raise the value of the yuan, keeping up Washington's tough rhetoric on Chinese policy as U.S. lawmakers planned legislation to punish Beijing.

"It is time for Congress to pass legislation that will give the administration leverage in its bilateral and multilateral negotiations with the Chinese government," House Speaker Nancy Pelosi said in a statement.

"If China allowed its currency to respond to market forces, it could create a million U.S. manufacturing jobs and cut our trade deficit with China by $100 billion a year, with no cost to the U.S. Treasury."

In his speech in New York, Wen said, "I fully believe that all the disputes and friction in China-U.S. trade at the moment can be resolved."

He added that China wanted a "strong and stable U.S., just as the U.S. needs a strong, stable China."

"The main reason for the U.S. trade deficit with China is not the renminbi exchange rate, but the structure of trade and investment between the two countries," he said.

ISSUE GAINING MOMENTUM

U.S. lawmakers have pressed this issue for years with little success, but it appears to be gaining momentum -- and bipartisan support -- six weeks before congressional elections in which the high unemployment rate is the top issue.

The bill being considered was co-sponsored by a Democrat and Republican, and several Republican lawmakers strongly criticized China's currency policy at congressional hearings on the matter last week.

Prospects for action in the Senate, which would also have to approve legislation, is uncertain. Key senators have said time may be too tight since lawmakers hope to leave Washington in just a few weeks to campaign ahead of the November elections.

The U.S. Treasury Department said it would "carefully examine" any proposals put forward by Congress.

Some analysts see pressure for a bill building.

"The momentum is certainly there on the Hill to push this forward before the midterm elections," said Eswar Prasad, a professor at Cornell University. "There is a real prospect on this occasion that heated rhetoric will get translated into substantive legislative action."

China's central bank said in June it would loosen a peg against the dollar and let the yuan fluctuate more freely. Since then it has risen 1.8 percent against the dollar.

That makes the yuan an easy target for U.S. politicians eager to address high unemployment in an election year.

EXPORT SUBSIDY

The proposed legislation, which is certain to irritate Beijing, would essentially treat China's "undervalued" currency as an export subsidy and allow the Commerce Department to impose countervailing duties to offset the undervaluation.

U.S. companies applying for the duties would have to show they have been injured by China's exchange rate practices.

Congressional aides said the bill did not guarantee the United States would apply countervailing duties against undervalued currencies, but eliminates a hurdle that has blocked the Commerce Department from doing that in the past.

"This bill is being advanced in the absence of effective action on a multilateral basis," House Ways and Means Committee Chairman Sander Levin said as he announced his panel would take up the bill.

"Hopefully the concrete step of this bill can spur efforts leading to the kind of multilateral structure needed to address major currency imbalances," he said in a statement.

Both Obama and his predecessor, President George W. Bush, pushed China to move to a more market-oriented exchange rate. But the results have not come fast enough for American lawmakers who blame the huge U.S. trade deficit with China for the loss of manufacturing jobs.

"It is very important that our companies face a level playing field around the world and that's why it's so important that we continue to try and encourage China to let their exchange rate reflect market forces and to end practices that discriminate against U.S. companies," U.S. Treasury Secretary Timothy Geithner told lawmakers on Wednesday.

In a strongly worded statement on Tuesday, China's Foreign Ministry told Washington to stop pointing its finger at Beijing over the yuan and focus instead on fixing its fragile economy.

(Additional reporting by Emily Kaiser; Editing by Peter Cooney)



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10:09 AM

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Potash Corp sues BHP to block takeover bid (Reuters)

Addison Ray

TORONTO (Reuters) � Potash Corp (POT.TO) said on Wednesday it filed a lawsuit against BHP Billiton (BHP.AX) (BLT.L) that seeks to block the mining giant's $39 billion hostile bid for the Canadian fertilizer producer.

The lawsuit filed in a U.S. District Court alleges that BHP misrepresented and failed to inform investors about material facts, and it accuses BHP of engaging in fraudulent, deceptive and manipulative behavior related to its offer.

A BHP spokesman declined to comment on the Potash Corp lawsuit.

Potash Corp claims that the Anglo-Australian miner sought to drive down the Canadian company's perceived value by strategically timing announcements about BHP's plans to become direct competitor in the potash business. That way, the suit argues, BHP could eventually make a bid for Potash Corp that was low enough to avoid triggering a BHP shareholder vote.

Before bidding for Potash Corp last month, BHP was focused on developing its Jansen potash project in Saskatchewan. The project, which is slated to begin production around 2015, is expected to be the world's single largest potash mine once it completes a multi-year ramp-up process.

Under British law a shareholder vote is required if a company attempts a takeover that exceeds 25 percent of its own market valuation.

At $39 billion, or $130 a share, BHP's current offer allows it to avoid a vote that would give its own shareholders an opportunity to scupper a deal.

STALLING TACTIC?

Such litigation is a standard tactic that takeover targets use mostly as a stalling tactic, legal experts say, and rarely do suits of this kind alter the outcome of a battle.

"Litigation is standard, but it accomplishes only modest goals of giving the target a window into the bidder and some delay, some smoke," said John Coffee, a professor at Columbia Law School in New York. "It is very unlikely to result in a permanent injunction that ends the contest."

Even so, lawyers say the litigation process gives a target company the opportunity to pursue a discovery process that could lead to disclosure violations coming to light.

"Litigation is designed to slow things down and that usually helps the target company in formulating and executing its strategy in defense of a takeover. It looks like a pretty typical move," said Gordon Smith, a professor at Brigham Young University Law School in Provo, Utah.

Potash Corp's U.S.-listed shares were down 72 cents at $146.80 on Wednesday, but are still trading well above BHP's $130 offer, suggesting investors anticipate a higher bid.

Many observers expect a competing bid to involve a Chinese entity such as Sinochem, the giant, state-owned chemicals group that has hired two investment banks to advise it on options.

China is believed to be worried about a BHP takeover of Potash Corp because it needs low-cost fertilizer to feed its growing population. Expectations of surging demand has fueled BHP's strategy of adding the No.1 supplier to its extensive mining assets.

COERCIVE OFFER?

The suit filed in the U.S. District Court for the Northern District of Illinois, also alleges that BHP has sought to increase its chances of acquiring Potash Corp on the cheap by making its offer in an unusually coercive form.

Potash Corp's lawsuit states that BHP atypically has not conditioned its tender offer on obtaining sufficient shares to enable it to carry out a full merger of the two companies.

BHP would have the choice of ending its offer when just over 50 percent of Potash Corp's shareholders tender shares, the suit says. Under Canadian law, a company needs to secure at least 66.67 percent shareholder support in order enable it to eventually win full control.

That would leave the remaining shareholders in the lurch - owning shares in an enterprise controlled by BHP with no clear way to exit their investments, Potash Corp says.

Saskatoon, Saskatchewan-based Potash Corp argues that the current structure of the BHP offer results is pressuring its shareholders into tendering shares toward the BHP offer.

The case is Potash Corp v. BHP Billiton in the U.S. District Court for the Northern District of Illinois Eastern Division, No. 1:10-cv-06024.

(Additional reporting by Michael Erman in New York, Pav Jordan in Toronto and Tom Hals in Wilmington, Delaware; Editing by Frank McGurty)



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10:00 AM

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Potash Corp sues BHP to block takeover bid

Addison Ray

By Euan Rocha

TORONTO | Wed Sep 22, 2010 12:15pm EDT

TORONTO (Reuters) - Potash Corp (POT.TO) said on Wednesday it filed a lawsuit against BHP Billiton (BHP.AX) (BLT.L) that seeks to block the mining giant's $39 billion hostile bid for the Canadian fertilizer producer.

The lawsuit filed in a U.S. District Court alleges that BHP misrepresented and failed to inform investors about material facts, and it accuses BHP of engaging in fraudulent, deceptive and manipulative behavior related to its offer.

A BHP spokesman declined to comment on the Potash Corp lawsuit.

Potash Corp claims that the Anglo-Australian miner sought to drive down the Canadian company's perceived value by strategically timing announcements about BHP's plans to become direct competitor in the potash business. That way, the suit argues, BHP could eventually make a bid for Potash Corp that was low enough to avoid triggering a BHP shareholder vote.

Before bidding for Potash Corp last month, BHP was focused on developing its Jansen potash project in Saskatchewan. The project, which is slated to begin production around 2015, is expected to be the world's single largest potash mine once it completes a multi-year ramp-up process.

Under British law a shareholder vote is required if a company attempts a takeover that exceeds 25 percent of its own market valuation.

At $39 billion, or $130 a share, BHP's current offer allows it to avoid a vote that would give its own shareholders an opportunity to scupper a deal.

STALLING TACTIC?

Such litigation is a standard tactic that takeover targets use mostly as a stalling tactic, legal experts say, and rarely do suits of this kind alter the outcome of a battle.

"Litigation is standard, but it accomplishes only modest goals of giving the target a window into the bidder and some delay, some smoke," said John Coffee, a professor at Columbia Law School in New York. "It is very unlikely to result in a permanent injunction that ends the contest."

Even so, lawyers say the litigation process gives a target company the opportunity to pursue a discovery process that could lead to disclosure violations coming to light.

"Litigation is designed to slow things down and that usually helps the target company in formulating and executing its strategy in defense of a takeover. It looks like a pretty typical move," said Gordon Smith, a professor at Brigham Young University Law School in Provo, Utah.

Potash Corp's U.S.-listed shares were down 72 cents at $146.80 on Wednesday, but are still trading well above BHP's $130 offer, suggesting investors anticipate a higher bid.

Many observers expect a competing bid to involve a Chinese entity such as Sinochem, the giant, state-owned chemicals group that has hired two investment banks to advise it on options.

China is believed to be worried about a BHP takeover of Potash Corp because it needs low-cost fertilizer to feed its growing population. Expectations of surging demand has fueled BHP's strategy of adding the No.1 supplier to its extensive mining assets.



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9:08 AM

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Blockbuster expected to file Chapter 11: source

Addison Ray

By Chelsea Emery

NEW YORK | Wed Sep 22, 2010 11:43am EDT

NEW YORK (Reuters) - Blockbuster Inc is preparing to file for Chapter 11 bankruptcy within the next few days, a source familiar with the video rental chain's plans said on Wednesday.

The Dallas-based retailer has more than $900 million of debt and has struggled to adapt as consumers download movies from their computers rather than go to free-standing rental stores.

Blockbuster is working with debtholders to craft a plan in which it would continue operating but shutter hundreds more stores, said the source, who was not authorized to speak publicly about the situation. A bankruptcy filing is expected as early as Wednesday.

The details were originally reported in the Wall Street Journal.

Under the proposed plan, senior bondholders would convert about $630 million of debt into equity of the restructured company. The other bondholders would be wiped out, according to this source.

"We continue to explore all of our options and are making good progress in our recapitalization process," Blockbuster said in an emailed statement on Wednesday.

"Our discussions with the studios and bondholders continue to be productive, and we have every reason to believe we will come out of the recapitalization process financially stronger and more competitively positioned for the future."

Investor Carl Icahn holds about one-third of the senior debt, the source said.

Icahn was not immediately available to comment.

Senior bondholders have agreed to provide the company with a loan of about $125 million to help support operations while it is under bankruptcy protection, according to the source.

The company said in its statement that it had the support "of a wide range of parties" and that it was working on putting in place "a more appropriate capital structure to support Blockbuster's long-term growth, including investments in our multi-channel platform and new opportunities."

As of early this year, Blockbuster had more than 6,500 stores in the United States and internally. The company has introduced a movie download service to move beyond retail locations, but that service's popularity lags behind Netflix Inc's offerings.

Shares of Blockbuster were down 17.5 percent at 6.6 cents in morning trading.

(Reporting by Chelsea Emery; Editing by Martha Graybow and Lisa Von Ahn)



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