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Brand, 77 jobs stay in Tulsa
The sale of SemMaterials' brands and technology for $6.5 million is approved in court.
By ROD WALTON World Staff Writer
Published:
5/12/2009 2:22 AM
Last Modified: 5/12/2009 5:42 AM
Complete coverage:
Read all the stories and documents related to the SemGroup collapse.
SemMaterials' trademarked asphalt road brands and 77 jobs will stay in Tulsa as part of an Illinois company's acquisition approved Monday in Delaware Bankruptcy Court.
Rhone Midstream Holdings LLC and Rhone Cleantech Fund LLC are buying the SemMaterials technologies and research equipment for $6.5 million, according to reports. Rhone, which is connected to SemGroup LP part-owner Thane Ritchie, emerged as the only buyer after an auction last week.
Delaware Federal Judge Brendan L. Shannon's decision allows Rhone to buy such patented SemMaterials technologies as its NovaChip asphalt, Strata crack-relief road system and RoadArmor chip seal, among other brands. The transaction could be finalized by Friday.
Rhone also committed to assuming the lease at SemMaterials' campus at 6502 S. Yale Ave. Rhone is part of the Ritchie Capital Management fund, which owns 25 percent of the parent SemGroup.
The parent company filed for Chapter 11 bankruptcy protection last summer after amassing more than $2.4 billion in losses on oil futures trading, according to reports. A U.S. examiner's investigation report accused company co-founder and former CEO Tom Kivisto of guiding a secretive, risky and unauthorized trading strategy.
Earlier this year, SemGroup told
the judge that it planned to sell or liquidate its SemMaterials assets, reporting that the asphalt unit was losing $15 million per month. Part of the SemMaterials assets were transferred in a settlement with the SemGroup Energy Partners subsidiary, while some Louisiana residual fuel terminals were sold to Davison Petroleum Supply.
Ritchie Capital Management now includes former SemMaterials President Frank Panzer, who headed the asphalt unit for three years before his removal last year. It was not known what role, if any, Panzer would play in the Rhone takeover of the asphalt technologies.
The NovaChip asphalt has been used on the Turner Turnpike, with billboards touting it as a "bobble-free zone."
Judge Shannon also approved an amended incentive plan that could benefit departing SemMaterials employees. The new order allows payments to SemMaterials employees and executives who are transferred or laid off during its wind-down phase.
The former incentive plan did not contemplate a wind-down scenario, a SemGroup spokesman pointed out. The original incentives were tied only to Chapter 11 reorganization or a sale of the assets.
Close to 200 SemMaterials employees nationwide have been laid off this year, according to reports. The U.S. Trustee overseeing the SemGroup bankruptcy case objected to the incentive amendments, calling it a "gift" program that included company insiders.
The incentive plan sets aside $11.5 million for regular employees and up to $3.6 million for 10 SemGroup executives, according to reports.
Shannon also ruled that Kivisto or any other parties may challenge whether any shared information included in the examiner's report is legally privileged or protected.
Kivisto and fellow SemGroup co-founder Gregory Wallace refused to answer the examiner's questions, but both objected to the report being previewed by other parties such as Goldman Sachs and Bank of America, according to reports.
Rod Walton 581-8457
rod.walton@tulsaworld.com
By ROD WALTON World Staff Writer
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Some reader comments for this story were copied from "
Purchase of SemGroup's asphalt assets approved
," which was published on 5/11/2009.
Report Comment
bewildered
, (5/11/2009 7:01:08 PM)
At last something good has emerged out of the Sem Group meltdown. From what I know Panzer is a capable & effective leader who has a habit of surrounding himself with good people. Good for him & the people involved.
Report Comment
Elderton
, (5/11/2009 8:29:43 PM)
This same group wanted to buy all of SemMaterials back in August '08 and probably would have paid 100's of millions for it. However, Rhone's attempts were stonewalled by the incompetance of the current SemGroup executive branch and the "A" team (partners)and the opportunity for a quick sale was ignored. So, nine months later, a small piece is sold for 6.5 million. I can't believe SemGroup creditors aren't upset about that.
I whole-heartedly agree with bewildered. It is a blessing for the few that have survived.
Report Comment
Elderton
, (5/11/2009 8:34:47 PM)
And thank you Rod Walton for not mentioning that according to court records, SemMaterials loses $15 million per month. It was a falacy anyway.
Report Comment
Hawktalk
, (5/11/2009 9:58:06 PM)
Glad to see Frank back in charge of a smaller Group.
Report Comment
bewildered
, (5/11/2009 10:27:30 PM)
Elderton: If I were a creditor& weren't already upset, I would be when I heard about the group's proposal to buy SemMaterials back in August of last year.
Report Comment
wow
, (5/12/2009 7:54:59 AM)
Elderton
Did you read any of the two articles on the subject written by Rod. He mentions in both, that SemMaterials lost 15 MM per month. Not a fallacy by the way, that is the net if you are not conducting normal business.
Report Comment
OnTulsaTime
, (5/12/2009 11:05:49 AM)
Any word of rehiring those hard working loyal employees booted out the door???
Glad to see FP back in the game.
Report Comment
bewildered
, (5/12/2009 11:46:36 AM)
On Tulsa Time:
I hope Panzer's new company will have room for some of the misplaced employees. While the new company may not have room for or need all the employees that were laid off, hopefully some can come back if they desire. Of course many have found other employment & won't be available. From what I know of Panzer, he has his people's best intrest @ heart, so I'll bet he'll bring back who he can if there's a fit in the new company.
Report Comment
black gold
, (5/12/2009 4:40:27 PM)
I think this first year will have to be a "repair year" as in repair the damage done by the fine people who led SemMaterials through bankruptcy, canceled contracts, fired 200+ employees and darn near ruined their paving business for this season. Perhaps when the dust settles and the books, accurate and honest, are posted at the close of the year, some of those people let go in August of '08 and in early '09 will be brought back. But many of those people are highly educated, experienced, renowned people in the industry and they have moved on to other things. They won't come back for cheap and they may not want to come back after all that has happened. Let's hope they are not working in competition with this new company. Materials will most likely be a better company with Panzer in control and without the burden of the terminalling agreement and the residual fuels business. Good riddance Kev and Zig. You won't be missed!!!!!! There are probably a few people who have been asked to join the new company who don't belong there. Let's hope management will see fit to weed the ranks of those who showed poor leadership during this past year and do so in a timely fashion. Run lean and run mean. YOu have a good product line, some quality people. Your product and your people will sell itself without the need for overpriced boondoggle type trips and "the sky is the limit" expense accounts that some at Sem are so fond of.(You know who you are.)
Report Comment
Elderton
, (5/12/2009 5:21:27 PM)
To Wow:
ROFL. When this story was posted at 3PM yesterday (5/11), it had no mention of the $15 mil/month loss. I made my comment (3rd from top) last night. Today, what do you know? Mr. Walton strikes back with his fallacy machine. He is more than willing to perpetuate erroneus statements. There are dozens of people that he could verify with but that would require investigation and effort.
And yes wow it IS a fallacy. $15 mil/month is not correct. It is for February '09 but the asphalt business tends to slow down in winter (do I need to explain this?). Accurate reporting would be "SemMaterials lost $15 mil in February of this year, but this is normal due to the seasonality of the business." Saying "$15 mil/month" implies that it happened in Aug, Sept, Oct, Nov, Dec, which is completely false because the company was producing major cash during those months.
Report Comment
black gold
, (5/13/2009 6:18:33 AM)
to Elderton and wow:
I would be interested in knowing if that oft quoted $15 million/month loss including the terminaling contract, you know, the one that was set up after the tanks were taken away from SemMaterials and all money from the sale was funneled to someplace else besides SemMaterials books. Also, which side of the Materials equation was losing $$$. Was it the pavement products side or the commodity side? Seems to me the profits for a few years were made by the pavement products side while the commodity business was sucking air.
Report Comment
Elderton
, (5/13/2009 8:51:09 AM)
black gold
I'm very certain the infamous $15 mil/month included the terminalling agreement which was a minimum of $5 mil/month. That agreement, IMO, was the single biggest barrier to the sale of SemMaterials. It was a noose around the company's neck. Also, I'm reasonably certain that much profit came from branded products (Novachip and others) because the asphalt price was high and volatile last year which drastically reduces commodity profits (some might have been sold at a loss).
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