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January 24, 2005

Monsanto Company announces agreement to acquire Seminis, Inc., from San Francisco private equity company Fox Paine & Co. LLC for $1.4 billion in cash and assumed debt, plus a performance-based payment of up to $125 million payable by the end of fiscal year 2007. 

On January 24, Willkie client Monsanto Company announced that it has signed a definitive agreement to acquire Seminis, Inc., from San Francisco private equity company Fox Paine & Co. LLC for $1.4 billion in cash and assumed debt, plus a performance-based payment of up to $125 million payable by the end of fiscal year 2007.  Based in St. Louis, Monsanto Company is a leading global provider of technology-based solutions and agricultural products that improve farm productivity and food quality.  Seminis is the global leader in the vegetable and fruit seed industry, supplying more than 3,500 seed varieties to commercial fruit and vegetable growers, dealers, distributors and wholesalers in more than 150 countries around the world.  The transaction is expected to close in the second quarter of this year, pending regulatory approvals.  As reported in the January 25 Daily Deal and January 27 New York Law Journal, Willkie partners Jack Nusbaum and William Gump, and associate H. Patrick de Carbuccia handled the deal.  The Willkie team also comprised associates Miriam Bishop, Jeffrey Clark, Jonathan Gatsik, Lori Leonovicz, Jordan Messinger, Nicole Roth, David Rubinsky and Paul Seeman.

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