SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 11)*
3D Systems Corporation
(Name of Issuer)
Common Stock, Par Value $0.01 Per Share
(Title of Class of Securities)
885 54E 10 4
(CUSIP Number)
John Lynch
Ciba Specialty Chemicals Canada Inc.
7030 Century Avenue
Mississauga, Ontario, Canada L5N 2V8
(905) 812-6145
(Name, Address and Telephone Number of Persons Authorized
to Receive Notices and Communications)
With copies to:
Peter Rupprecht Philip A. Gelston, Esq.
Ciba Specialty Chemicals Holding Inc. Cravath, Swaine & Moore
Klybeckstrasse 141 Worldwide Plaza
CH-4002, Basel 825 Eighth Avenue
Switzerland New York, New York 10019
41-61-696-3415 (212) 474-1000
March 13, 1997
(Date of Event which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to
report the acquisition which is the subject of this Schedule 13D, and is
filing this schedule because of Rule 13d-1(b)(3) or (4), check the
following box o.
Note: Six copies of this statement, including all exhibits, should be
filed with the Commission. See Rule 13d-1(a) for other parties to whom
copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting
person's initial filing on this form with respect to the subject class
of securities, and for any subsequent amendment containing information
which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not
be deemed to be "filed" for the purpose of Section 18 of the Securities
Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of
that section of the Act but shall be subject to all other provisions of
the Act (however, see the Notes).
(Continued on following page(s))
Page 1 of 14
<PAGE>
SCHEDULE 13D
CUSIP No. 88554E 10 4
1 NAME OF REPORTING PERSON
S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Ciba Specialty Chemicals Canada Inc.
(previously known as 1726 Holdings Canada Inc.)
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [ ]
(b) [X]
3 SEC USE ONLY
4 SOURCE OF FUNDS
WC
5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) OR 2(e) [ ]
6 CITIZENSHIP OR PLACE OF ORGANIZATION
Switzerland
NUMBER OF 7 SOLE VOTING POWER
SHARES 1,725,366
BENEFICIALLY 8 SHARED VOTING POWER
OWNED BY EACH (See Response to Item 5.)
REPORTING 9 SOLE DISPOSITIVE POWER
PERSON WITH 1,725,366
10 SHARED DISPOSITIVE POWER
(See Response to Item 5.)
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
(See Response to Item 5.)
12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES [X]
13 PERCENT OF CLASS REPRESENTED
BY AMOUNT IN ROW (11)
(See response to Item 5.)
14 TYPE OF REPORTING PERSON*
HC, CO
Page 2 of 14
<PAGE>
SCHEDULE 13D
CUSIP No. 88554E 10 4
1 NAME OF REPORTING PERSON
S.S. or I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Ciba Specialty Chemicals Holding Inc.
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [ ]
(b) [X]
3 SEC USE ONLY
4 SOURCE OF FUNDS
WC
5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) OR 2(e) [ ]
6 CITIZENSHIP OR PLACE OF ORGANIZATION
Switzerland
NUMBER OF 7 SOLE VOTING POWER
SHARES -0-
BENEFICIALLY 8 SHARED VOTING POWER
OWNED BY EACH (See Response to Item 5.)
REPORTING 9 SOLE DISPOSITIVE POWER
PERSON WITH -0-
10 SHARED DISPOSITIVE POWER
(See Response to Item 5.)
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
(See Response to Item 5.)
12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES [X]
13 PERCENT OF CLASS REPRESENTED
BY AMOUNT IN ROW (11)
(See response to Item 5.)
14 TYPE OF REPORTING PERSON*
HC, CO
Page 3 of 14
<PAGE>
Introduction
On July 21, 1988, Ciba-Geigy Limited ("Ciba"), 1726 Holdings
Ltd., which was subsequently renamed 1726 Holdings Canada Inc. ("1726"),
and certain affiliated entities filed a statement on Schedule 13D (the
"Statement") in connection with an investment by Ciba, 1726 and such
affiliates in the common stock of 3-D Systems, Inc. ("3-D Canada") (the
predecessor of 3D Systems Corporation). On June 26, 1995, Ciba and 1726
filed Amendment No. 10 to the Statement, which prior to the date hereof,
was the final amendment to the Statement. In connection with the merger
of Ciba and Sandoz Ltd. ("Sandoz"), the shareholders of Ciba and Sandoz
determined that it was in their best interests to spin off the specialty
chemicals businesses of Ciba and its affiliates as a separate company.
Ciba Specialty Chemicals Holding Inc. ("SCH") was formed to hold the
worldwide specialty chemicals businesses of Ciba and Ciba's affiliates.
The closing of the spin-off transaction became effective upon the
opening of business on March 13, 1997.
Accordingly, SCH and Ciba Specialty Chemicals Canada Inc,
formerly 1726 ("SC Canada" and, together with SCH, the "Reporting
Persons"), hereby amend, restate and supplement the Statement formerly
filed by Ciba and 1726.
Item 1. Security and Issuer.
This amendment to a statement on Schedule 13D relates to the
common stock, $0.001 par value per share (the "Common Stock"), of 3D
Systems Corporation, a Delaware corporation (the "Issuer"). The address
of the principal executive offices of the Issuer is 26081 Avenue Hall,
Valencia, CA 91355.
Item 2. Identity and Background.
(a), (b), (c) and (f) SCH, a corporation organized under the
laws of Switzerland, has its principal executive offices and principal
business offices at Klybeckstrasse 141, CH-4002, Basel, Switzerland. SCH
is a holding company; the principal business of its subsidiaries and
investments is researching, developing, manufacturing, marketing,
distributing and selling specialty chemicals worldwide.
SC Canada, a corporation organized under the federal laws of
Canada, has as its principal business manufacturing, marketing,
distributing and selling specialty chemicals in Canada. The principal
executive offices and principal business offices of SC Canada are located
at 7030 Century Avenue, Mississauga, Ontario, L5N 2V8. SC Canada is a
wholly owned subsidiary of SCH.
The name, business address, present principal occupation or
employment and citizenship of the executive officers and members of the
Board of Directors of each of the Reporting Persons is set forth on
Schedule 1 hereto and is incorporated herein by reference.
(d) and (e) Other than the matters described in Schedule 2,
none of the Reporting Persons nor, to the best knowledge of each of
them, any of the persons listed on Schedule 1 hereto with respect to
each such Reporting Person during the last five years, (i) has been
convicted in a criminal proceeding (excluding traffic violations or
similar misdemeanors) or (ii) was a party to a civil proceeding of a
judicial or administrative body of competent jurisdiction and as a
result of such proceeding was or is subject to a judgment, decree or
final order enjoining future violations of, or prohibiting or mandating
Page 4 of 14
<PAGE>
activities subject to, Federal or state securities laws or finding any
violation with respect to such laws.
Item 3. Source and Amount of Funds or other Consideration.
In July of 1988, 1726 acquired approximately 93% of the common
stock of Lionheart Capital Corp.("Lionheart"), which at that time
beneficially owned 5,378,301 shares of the common stock of 3-D Canada.
On August 30, 1989, Lionheart sold 1,500 shares of such common stock. In
April of 1989, 1726 purchased an additional 1,071,429 shares of the
common stock of 3-D Canada. On June 29, 1992, Lionheart and 1726
exercised rights to purchase an additional 2,689,655 and 535,715 shares
of common stock of 3-D Canada, respectively. The funds used to make such
purchases were loaned to 1726 by Ciba. The funds used to make the loans
were obtained from Ciba's working capital. On December 1, 1993,
Lionheart dissolved with the result that 1726 became the direct
beneficial owner of all shares of common stock of 3-D Canada previously
owned by Lionheart.
On May 24, 1995, the Issuer completed a reverse split, on a
one-for-three basis, of the Common Stock, with the result that the
9,676,100 shares of Common Stock beneficially owned by the Reporting
Persons become 3,225,366 shares. On June 26, 1995, 1726 sold 1,500,000
shares of Common Stock as part of a firm commitment underwritten public
offering.
Item 4. Purpose of Transaction.
The purpose of the original transaction was to obtain control
of Lionheart and thereby to seek representation on the board of
directors of Lionheart and its subsidiaries, including the Issuer, so as
to influence the future strategic direction of such entities.
Item 5. Interest in Securities of the Issuer.
(a) As of the date hereof, the aggregate number of shares of
Common Stock and the percentage of the outstanding Shares beneficially
owned by each Reporting Person are as follows:
Reporting Person Shares Beneficially Percentage of Shares
Owned Beneficially Owned<F1>
SC Canada 1,725,366 15.2%
SCH 1,725,366 15.2%
By virtue of the Shareholders Agreement (as defined below),
SCH and SC Canada may be deemed to constitute a "group" (within the
meaning of the 1934 Act) with the Founders (as defined below). If so,
SCH and SC Canada would be deemed part of a group beneficially owning
2,417,241 shares of Common Stock (representing approximately 21.3% of
- --------------------
[FN]
<F1>
1 Determined pursuant to Rule 13d-3(d)(1) under the Securities
Exchange Act of 1934, as amended (the "1934 Act"), and based on the
11,342,826 shares of Common Stock outstanding on October 31, 1996, as
disclosed in the Issuer's Form 10-Q for the quarter ended September 27,
1996.
Page 5 of 14
<PAGE>
the outstanding shares of Common Stock).<F2> Except as set forth in Item 4
of this Schedule 13D, the Reporting Persons disclaim beneficial
ownership of all shares of Common Stock which are deemed to be
beneficially owned by them as a result of membership in a group with one
or more of the Founders.
(b) SC Canada has sole voting power and sole dispositive power
with respect to 1,725,366 shares of Common Stock. SCH, by virtue of its
beneficial ownership of all outstanding shares of common stock of SC
Canada, may be deemed to have shared voting power and shared dispositive
power over the 1,725,366 shares of Common Stock deemed to be
beneficially owned by SC Canada.
To the best knowledge of each of the Reporting Persons, none
of the persons listed on Schedule 1 hereto with respect to such
Reporting Person is the beneficial owner of any shares of Common Stock.
(c) Neither the Reporting Persons nor, to the best knowledge
of each of the Reporting Persons, any of the persons listed on Schedule
1 with respect to each such Reporting Person has engaged in any
transaction in the Common Stock in the past 60 days.
(d) None.
(e) Not applicable.
Item 6. Contracts, Arrangements, Understandings or Relationships with
respect to Securities of the Issuer.
In April 1991, Lionheart and 1726 entered into a Shareholders
Agreement (the "Shareholders Agreement") dated as of April 10, 1991,
among 3-D Canada, 1726, Lionheart and certain individual shareholders
(such shareholders, the "Founders"). The Reporting Persons, as
successors to Lionheart and 1726, are subject to the Shareholders
Agreement. The Shareholders Agreement provides, among other things, (i)
that the Board of Directors of the Issuer shall consist of five members
and (ii) that the slate of nominees to the Board of Directors of the
Issuer recommended by the Board of Directors or management of the Issuer
to its stockholders shall consist of two persons designated by SC
Canada, two persons designated by the Founders and one person designated
by the first four directors. The foregoing provisions of the
Shareholders Agreement may be terminated (i) by SC Canada at any time
after the Founders cease to have, in the aggregate, beneficial ownership
of at least 10% of the outstanding voting securities of the Issuer or
(ii) by the Founders at any time after the Reporting Persons and all of
their affiliates cease to have, in the aggregate, beneficial ownership
of at least 10% of the outstanding voting securities of the Issuer. The
Shareholders Agreement also provides for certain rights of first refusal
between the Founders, on the one hand, and the Reporting Persons and
their affiliates, on the other hand, with respect to the direct or
indirect sales of shares of Common Stock.
A copy of the form of Shareholders Agreement was attached as
an exhibit to the Exchange Agreement dated as of July 23, 1990, which,
- --------
[FN]
<F2> Determined pursuant to Rule 13d-3(d)(1) under the 1934 Act
and based on the 11,342,826 shares outstanding on October 31, 1996, as
disclosed in Issuer's Form 10-Q for the quarter ended September 27,
1996, and the beneficial ownership of 691,875 shares of Common Stock by
the Founders on March 31, 1996, as disclosed in the Issuer's proxy
statement for its 1996 annual meeting.
Page 6 of 14
<PAGE>
in turn, was filed as Exhibit 1 to Amendment No. 5 to the Schedule 13D,
which Exhibit is incorporated herein by reference.
Except for the Shareholders Agreement, there are no contracts,
arrangements, understandings or relationships (legal or otherwise) among
the Reporting Persons or, to the best knowledge of each of the Reporting
Persons, any of the persons listed on Schedule 1 hereto with respect to
each such Reporting Person, with respect to any securities of the
Issuer, including but not limited to transfer or voting of any of the
securities, finder's fees, joint ventures, loan or option arrangements,
puts or calls, guarantees of profits, divisions of profits or loss, or
the giving or withholding of proxies.
Item 7. Material to be Filed as Exhibits.
(1) Agreement between Ciba-Geigy Limited, Ciba-Geigy Investments
Ltd., Ciba-Geigy Ltd. and 1726 Holdings Ltd. with respect to
the joint filing of the Statement 13D and amendments thereto.
(2) Agreement dated as of June 2, 1988, between Harry C. Moll and
Spectra-Physics.
(3) Loan Agreement dated as of July 12, 1988, between Ciba-Geigy
Canada and 1726 Holdings Ltd.
(4) Joint Filing Consent dated as of March 28, 1989, of Lionheart
Capital Corporation.
(5) Exchange Agreement dated March 28, 1989, among 3-D Systems
Inc., 3D Systems, Inc., Lionheart Capital Corp. and Raymond
Freed, Charles Hull, Bethany Griffiths, Virginia Hiramatsu,
Paul B. Warren and Edwin J. Kaftal.
(6) Subscription Agreement dated as of April 18, 1989, between 3-D
Systems Inc. and 1726 Holdings Ltd.
(7) Exchange Agreement dated March 28, 1989, among 3-D Systems
Inc., 3D Systems, Inc., Lionheart Capital Corp. and Raymond
Freed, Charles Hull, Bethany Griffiths, Virginia Hiramatsu,
Paul B. Warren and Edwin J. Kaftal.
(8) Stand-Still Agreement between Ciba-Geigy Limited, 3-D Systems,
Inc. and Raymond S. Freed, individually and as Founders'
Agent.
(9) Termination Agreement dated as of April 5, 1991, between
Ciba-Geigy Limited, 3-D Systems, Inc. and Raymond S. Freed,
individually and as Founders' Agent.
(10) Underwriting Agreement dated as of June 21, 1995, by and among
Raymond James & Associates and Southcoast Capital Corporation
as Representatives of the Several Underwriters, 3D Systems
Corporation, 1726 Holdings Canada Inc. and Silicon Valley
Bank.
(11) Registration and Indemnification Agreement dated as of June
21, 1995 by and between 3D Systems Corporation and 1726
Holdings Canada Inc.
Page 7 of 14
<PAGE>
SIGNATURE
After reasonable inquiry and to the best of the knowledge and
belief of the undersigned, the undersigned certifies that the
information set forth in this statement is true, complete and correct.
Dated: March 17, 1997
CIBA SPECIALTY CHEMICALS CANADA
INC.,
by /s/ JOHN LYNCH
----------------
Name: John Lynch
Title: Secretary, Treasurer
and Chief Financial
Officer
Page 8 of 14
<PAGE>
EXHIBIT INDEX
Exhibit
Number Description Page No.
(1) Agreement between Ciba-Geigy Limited, Ciba- *
Geigy Investments Ltd., Ciba-Geigy Ltd. and
1726 Holdings Ltd. with respect to the joint
filing of the Statement 13D and amendments
thereto.
(2) Agreement dated as of June 2, 1988, between *
Harry C. Moll and Spectra-Physics.
(3) Loan Agreement dated as of July 12, 1988, *
between Ciba-Geigy Canada and 1726 Holdings
Ltd.
(4) Joint Filing Consent dated as of March 28, *
1989, of Lionheart Capital Corporation.
(5) Exchange Agreement dated March 28, 1989, among *
3-D Systems Inc., 3D Systems, Inc., Lionheart
Capital Corp. and Raymond Freed, Charles Hull,
Bethany Griffiths, Virginia Hiramatsu, Paul B.
Warren and Edwin J. Kaftal.
(6) Subscription Agreement dated as of April 18, *
1989, between 3-D Systems Inc. and 1726
Holdings Ltd.
(7) Exchange Agreement dated March 28, 1989, among *
3-D Systems Inc., 3D Systems, Inc., Lionheart
Capital Corp. and Raymond Freed, Charles Hull,
Bethany Griffiths, Virginia Hiramatsu, Paul B.
Warren and Edwin J. Kaftal.
(8) Stand-Still Agreement between Ciba-Geigy *
Limited, 3-D Systems, Inc. and Raymond S. Freed,
individually and as Founders' Agent.
(9) Termination Agreement dated as of April 5, *
1991, between Ciba-Geigy Limited, 3-D Systems,
Inc. and Raymond S. Freed, individually and as
Founders' Agent.
(10) Underwriting Agreement dated as of June 21, *
1995, by and among Raymond James & Associates
and Southcoast Capital Corporation as
Representatives of the Several Underwriters, 3D
Systems Corporation, 1726 Holdings Canada Inc.
and Silicon Valley Bank.
(11) Registration and Indemnification Agreement *
dated as of June 21, 1995 by and between 3D
Systems Corporation and 1726 Holdings Canada
Inc.
* Previously filed
Page 9 of 14
<PAGE>
SCHEDULE 1
Members of the Board of Directors and Executive Officers of Ciba
Specialty Chemicals Canada Inc. ("SC Canada")
The name, address, citizenship and present principal
occupation or employment of each of the directors and executive officers
of SC Canada are set forth below. Unless otherwise indicated below, each
occupation set forth opposite an individual's name refers to employment
with SC Canada.
Name, Function & Present Principal Occupation or
Business Address Citizenship Employment
- ---------------- ----------- ----------
John Rankin, Canada President and Chief Executive
Director Officer President, Additives
7030 Century Avenue Division
Mississauga, Ontario
Canada
L5N 2V8
John Lynch, Canada Vice President and Chief Financial
Director Officer
7030 Century Avenue
Mississauga, Ontario
Canada
L5N 2V8
Joseph Babiak, Canada Vice President
Director President, Pigments Division
2270 Argentia Road
Mississauga, Ontario
Canada
L5N 6A6
Harold E. Kinne, United Vice President - Ciba Specialty
Director States Chemicals Corporation (US)
540 White Plains Road President, Additives Division (US)
P.O. Box 2005
Tarrytown, NY
10591-2005
Stanley Sherman, United Director, President and Chief
Director States Executive Officer - Ciba Specialty
560 White Plains Road Chemicals Corporation (US)
P.0. Box 2005
Tarrytown, NY
10591-2005
Page 10 of 14
<PAGE>
Members of the Board of Directors and Executive Officers of Ciba
Specialty Chemicals Holding Inc. ("SCH")
The name, address, citizenship and present principal
occupation or employment of each of the directors and executive officers
of SCH are set forth below. Unless otherwise indicated below, each
occupation set forth opposite an individual's name refers to employment
with SCH.
Name, Function & Present Principal Occupation or
Business Address Citizenship Employment
- ---------------- ----------- ----------
Rolf A. Meyer Switzerland Member of the boards
Chairman and Delegate of directors of
of the Board Union Bank of
c/o Ciba Specialty Switzerland, Siber
Chemicals Holding Inc. Hegner and the Swiss
Klybeckstrasse 141 Exchange.
CH-4002
Basle, Switzerland
Theodor M. Tschopp Switzerland Member of the Board
Vice Chairman of the and Chief Executive
Board Officer of
c/o Ciba Specialty Alusuisse-Lonza,
Chemicals Holding Inc. member of the board
Klybeckstrasse 141 of Credit Suisse Group
CH-4002
Basle, Switzerland
Erwin A. Heri Switzerland Member of the executive
Director committee of Winterthur
c/o Ciba Specialty Versicherungen;
Chemicals Holding Inc. member of the boards of
Klybeckstrasse 141 directors of Intershop,
CH-4002 Commerzbank (Schweiz)
Basle, Switzerland
Gertrud Hohler Germany Management consultant,
Director publicist
c/o Ciba Specialty
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Jean-Marie Pierre France Professor of Chemistry and
Lehn, Director Physics, College de
c/o Ciba Specialty France, Nobel prize winner
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Page 11 of 14
<PAGE>
Peter Littmann Germany Chairman of the
Director managing board of
c/o Ciba Specialty Hugo Boss, member of
Chemicals Holding Inc. the supervisory
Klybeckstrasse 141 board of Mercedes-
CH-4002 Benz
Basle, Switzerland
Armin Meyer Switzerland Member of the
Director executive committee
c/o Ciba Specialty of ABB Asea Brown
Chemicals Holding Inc. Boveri
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Hermann Vodicka Switzerland Chief Executive
Director Officer
c/o Ciba Specialty
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Michael Jacobi Switzerland Chief Financial
c/o Ciba Specialty Officer
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Reinhard Neubeck Germany Head of Additives
c/o Ciba Specialty Division
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Martin Riediker Switzerland Head of Consumer
c/o Ciba Specialty Care Chemicals
Chemicals Holding Inc. Division
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Werner Dittes Switzerland Head of Performance
c/o Ciba Specialty Polymers Division
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Peter Schutz Switzerland Head of Pigments
c/o Ciba Specialty Division
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Jean-Luc Schwitzguebel Switzerland Head of Textile Dyes
c/o Ciba Specialty Division
Chemicals Holding Inc.
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Franz Gerny Switzerland Head of
c/o Ciba Specialty International
Chemicals Holding Inc. Coordination and
Klybeckstrasse 141 Human Resources
CH-4002
Basle, Switzerland
Page 12 of 14
<PAGE>
John Cheesmond United Head of Corporate
c/o Ciba Specialty Kingdom Strategy and
Chemicals Holding Inc. Business Development
Klybeckstrasse 141
CH-4002
Basle, Switzerland
Page 13 of 14
<PAGE>
SCHEDULE 2
Although none of the Reporting Persons nor, to the best knowledge
of each of them, any of the persons listed on Schedule 1 hereto with
respect to each such Reporting Person was involved during the last five
years with any activity which would be required to be disclosed pursuant
to Item 2(d) or (e), Ciba-Geigy Corporation ("CGC"), a subsidiary of
Ciba, the predecessor to SCH, would be required to disclose the
following:
On February 28, 1992, CGC and two employees from its Toms River
plant pleaded guilty in Superior Court, Law Division, Mercer County, New
Jersey to one count of unintentional illegal disposal of pollutants in a
double-lined landfill. Judgment of conviction was entered on March 23,
1992. As part of the settlement agreement, CGC paid a criminal fine of
$3.5 million, civil penalties of $5.5 million and administrative costs
of $2.35 million. At the same time, it made a contribution to the State
of New Jersey of $2.5 million for environmental purposes.
On August 14, 1992, CGC pleaded no contest in Louisiana State
Court, 18th Judicial District, to fifteen misdemeanor counts arising
from falsification of certain back-up quality control data relating to
water discharge permits at its St. Gabriel plant and paid a $250,000
fine. At the same time, it made two contributions of $50,000 each to the
Sheriff's offices of Iberville Parish and West Baton Rouge Parish.
In 1992, CGC pleaded guilty to an Environmental Control Complaint
and Summons resulting from an odor emission at its Newport, Delaware
plant site. The matter was under the jurisdiction of the Delaware
Justice of the Peace Court, Newport, Delaware. A fine of $598.50 was
paid.
Page 14 of 14
