Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
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Seeking further growth and acquisition opportunities that leverage our transactional, project execution and operational skills and<br />
experience<br />
Our successful acquisitions of HZL and BALCO have contributed substantially to our growth. We continually seek new growth and<br />
acquisition opportunities in the metals and mining and related businesses, including through government privatization programs in <strong>India</strong>, where<br />
we can leverage our skills and experience. We continue to closely monitor the resource markets in our existing lines of business as well as seek<br />
out opportunities in complementary businesses such as coal mining. By selecting the opportunities for growth and acquisition carefully and<br />
leveraging our skills and experience, we expect to continue to expand our business while maintaining a strong balance sheet and investment<br />
grade credit profile. A recent example of our pursuit of this strategy was our execution of an agreement with Asarco, a US-based copper<br />
mining, smelting and refining company, on March 6, 2009 for the sale to us of substantially all the operating assets of Asarco. We believe that<br />
the Asarco assets, which include three open-pit copper mines, which had estimated reserves of 5.2 million tons of contained copper as of<br />
January 2008, associated mills, SX-EW plant and a copper smelter in the State of Arizona, United States, and a copper refinery, rod plant, cake<br />
plant and precious metals plant in the State of Texas, United States, will be a good strategic fit with our existing copper business. The<br />
agreement is subject to approval of the US Bankruptcy Court for the Southern District of Texas, Corpus Christi Division, before which Asarco<br />
has been in reorganization proceedings under Chapter 11 of the US Bankruptcy Code. See “Item 5. Operating and Financial Review and<br />
Prospects — Recent Developments.”<br />
Consolidating our corporate structure and increasing our direct ownership of our underlying businesses to derive additional synergies as<br />
an integrated group<br />
We have consolidated and are continuing to seek to increase our direct ownership of our underlying businesses to simplify and derive<br />
additional synergies as an integrated group, in particular by acquiring major shareholders to consolidate our corporate structure to simplify and<br />
more closely integrate our operations. As part of this strategy we continue to seek to increase our direct ownership of our underlying businesses<br />
to derive additional synergies as an integrated group. In March 2004, we exercised our option to acquire the Government of <strong>India</strong>’s remaining<br />
49.0% ownership interest in BALCO in order to make BALCO a wholly-owned subsidiary, though the exercise of this option has been<br />
contested by the Government of <strong>India</strong> and the Government of <strong>India</strong> retains the right and has expressed an intention to sell 5.0% of BALCO to<br />
BALCO employees. We own 64.9% of HZL and we intend to acquire from the Government of <strong>India</strong> a further 29.5% of the shares in HZL (or<br />
26.0% if the Government of <strong>India</strong> exercises in full its right to sell 3.5% of HZL to HZL employees), which is exercisable so long as the<br />
Government of <strong>India</strong> has not sold its remaining interest pursuant to a public offer. See “Item 3. Key Information — D. Risk Factors — Risks<br />
Relating to Our Business — Our option to purchase the Government of <strong>India</strong>’s remaining shares in HZL may be challenged” and “— Options<br />
to Increase Interests in HZL and BALCO.” It has been reported in the media that the Government of <strong>India</strong> is considering asserting a breach of a<br />
covenant by our subsidiary SOVL and may seek to exercise a put or call right with respect to shares of HZL. See “Item 3. Key Information —<br />
D. Risk Factors — Risks Relating to Our Business — The Government of <strong>India</strong> may allege a breach of a covenant by our subsidiary SOVL and<br />
seek to exercise a put or call right with respect to shares of HZL, which may result in substantial litigation and serious financial harm to our<br />
business, results of operations, financial condition and prospects.” If the Government of <strong>India</strong> makes such an assertion, we intend to contest it<br />
and believe we have meritorious defenses.<br />
Basis of Presentation of Ore Reserves<br />
Our reported ore reserves are derived following a systematic evaluation of geological data and a series of technical and economic studies by<br />
our geologists and engineers and an audit of the results for the ore reserves of HZL and BALCO by the independent consulting firm of SRK<br />
Consulting (UK) <strong>Ltd</strong>, or SRK. Our reported ore reserves at the Mt. Lyell mine are based on our internal estimates. The results are reported in<br />
compliance with Industry Guide 7 of the US Securities and Exchange Commission, or the SEC.<br />
An “ore reserve” is economically mineable and includes diluting materials and allowances for losses, which may occur when the material is<br />
mined. Appropriate assessments and studies have been carried out, and include consideration of and modification by realistically assumed<br />
mining, metallurgical, economic, marketing, legal, environmental, social and governmental factors. These assessments demonstrate at the time<br />
of reporting that extraction could reasonably be justified. Ore reserves are sub-divided in order of increasing confidence into probable ore<br />
reserves and proven ore reserves.<br />
We retained SRK to conduct independent reviews of our ore reserve estimates (excluding CMT) as of March 31, 2009 at the Rampura<br />
Agucha, Rajpura Dariba and Zawar lead-zinc mines, and the Mainpat and Bodai-Daldali bauxite mines. SRK visited the HZL sites in 2009 and<br />
the BALCO sites in March 2008 and in both instances reviewed the methodology and data used to develop the ore reserve estimates. The<br />
geological information at Mt. Lyell and Rampura Agucha are modeled using conventional computerized models, the information at Rajpura<br />
Dariba is modeled using a proprietary modeling system, and the information at Zawar and the bauxite mines is modeled using paper based<br />
sections. SRK conducted a series of checks at the HZL and BALCO mines to verify that the resulting estimate of the quantity and quality of ore<br />
present was appropriate.<br />
In addition to the ore reserves, we have identified further mineral deposits as either extensions to or in addition to our existing operations<br />
that are subject to ongoing exploration and evaluation.<br />
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