Ternium Further Updates Market on Sidor Nationalization Process
LUXEMBOURG -- (MARKET WIRE) -- May 13, 2008 --
Ternium S.A. (NYSE: TX) announced that Decree
Law 6058 regulating the steel production activity in the Guayana, Venezuela
region (the "Decree") became effective today upon its publication on
Venezuela's Official Gazette. The Decree represents a further step towards
the nationalization of Ternium's majority owned subsidiary Sidor.
The Decree orders that Sidor and its subsidiaries and affiliated companies
be transformed into state-owned enterprises ("empresas del estado"), with
the government owning not less than 60% of their share capital.
The Decree provides for the creation of two committees. A transition
committee shall be created to join Sidor's board of directors and to ensure
that control over the current operations of Sidor and its subsidiaries and
affiliated companies is transferred to the government on or prior to June
30, 2008. A separate committee, composed of representatives of the
government and the private shareholders of Sidor and its subsidiaries and
affiliated companies, shall be formed to negotiate over a 60-day period a
fair price for the shares to be transferred to the State, together with the
terms and conditions of the possible participation of such private
shareholders in the share capital of the state-owned enterprises.
The Decree also states that, in the event the parties fail to reach
agreement regarding the terms and conditions for the transformation of
Sidor and its subsidiaries and affiliated companies into state-owned
enterprises by the expiration of the 60-day period, the Ministry of Basic
Industries and Mining shall assume control and exclusive operation, and the
Executive Branch shall order the expropriation of the shares of the
relevant companies. No valuation criteria for the shares to be transferred
to the State are provided, except that any expropriation compensation shall
include neither lost profits ("lucro cesante") nor indirect damages.
Finally, the Decree specifies that all facts and activities thereunder are
subject to Venezuelan law and any disputes shall be submitted to Venezuelan
courts.
President Chávez has announced that Minister Rodolfo Sanz shall preside
over the transition committee created by the Decree and shall join Sidor's
management or board of directors.
While continuing to reserve all of its rights under contracts, investment
treaties and Venezuelan and international law, and in order to mitigate
damages, Ternium is prepared to continue discussions with the Venezuelan
government regarding the fair and adequate terms and conditions under which
all or a significant part of Ternium's interest in Sidor should be
transferred to the government.
Forward-Looking Statements
Some of the statements contained in this press release are "forward-looking
statements." Forward-looking statements are based on management's current
views and assumptions and involve known and unknown risks that could cause
actual results, performance or events to differ materially from those
expressed or implied by those statements. These risks include but are not
limited to risks arising from uncertainties as to gross domestic product,
related market demand, global production capacity, tariffs, cyclicality in
the industries that purchase steel products and other factors beyond
Ternium's control.
About Ternium
Ternium is one of the leading steel companies in the Americas, offering a
wide range of flat and long steel products. With its main operations in
Mexico, Venezuela and Argentina and 21,000 employees, Ternium had sales of
approximately US$8 billion and shipments of approximately 10 million tons
of finished steel products in 2007. More information about Ternium is
available at www.ternium.com.
Sebastián Martí
Ternium - Investor Relations
+1 (866) 890 0443
+52 (81) 8865 2111
+54 (11) 4018 2389
www.ternium.com