To Our Partners

As you may know, in recent years, certain subsidiaries of Imerys Group have faced cosmetic talc-related litigation in the U.S. on alleged hazards related to the use of talc in certain products. While we continue to believe these claims are without merit, the growing number of talc-related lawsuits in the U.S. would lead to overwhelming long-term legal defense costs for our business associated with the specific nature of the U.S. judicial system’s handling of product liability claims.

To resolve the uncertainty surrounding this litigation and best position our business for sustained growth in the future, the North American talc subsidiaries of Imerys have decided to file for Chapter 11 protection under U.S. law. This determination was made after reviewing all possible options. Through this action, we have laid the groundwork to efficiently resolve our historic talc-related liabilities.

Our talc is safe. The safety of talc has been confirmed by dozens of peer-reviewed studies, as well as multiple regulatory and scientific bodies. This data confirms that talc is not carcinogenic. However, it is simply not in the best interest of our stakeholders to litigate in perpetuity.

We understand that you may have questions as to how this impacts our relationship. Chapter 11 allows companies to continue to operate normally while working to achieve their goals. Accordingly, we are operating our business as usual throughout this process. We fully expect to pay suppliers / vendors / service providers in the ordinary course of business for all goods and services delivered on or after Wednesday, February 13, the date of the filing.

We will be seeking authority from the Court to pay amounts owed in connection with certain goods and services provided prior to the Chapter 11 filing – or “pre-petition” claims. We believe we will have minimal outstanding trade payables during the Chapter 11 proceeding, however, a number of suppliers / vendors / service providers may have payments outstanding during the case. If you believe you have a pre-petition claim you should file a proof of claim form that is to be completed and filed with the Court, as is customary in this process. This form can be found online at https://cases.primeclerk.com/imerystalc.

Rest assured, we are steadfast in our commitment to you and delivering safe, high-quality products, just as we always have been. We deeply appreciate your partnership and want to be sure we’re addressing any questions you may have as quickly as possible. Accordingly, we have established a dedicated hotline at (844) 339-4096.

Thank you for your understanding throughout this process. We look forward to continuing to work together.

Frequently Asked Questions

How do I know what entity I contract with?

The best way to confirm which Imerys entity you contract with is to review the contract itself. However, if you have any questions, please don’t hesitate to contact your normal day-to-day contact.

Will the restructuring impact my relationship with the filing entities?

No. Imerys and all of its subsidiaries, whether included in the filing or not, are operating normally.

We fully expect to pay suppliers / vendors / service providers in the ordinary course of business for all goods and services provided on or after Wednesday, February 13, the date of the Chapter 11 filings, and believe that the filing entities will have minimal outstanding trade payables during the Chapter 11 proceeding.

Is there anything I need to do to ensure I will be paid for the services I provided prior to the Chapter 11 filing?

The filing entities will be seeking authority from the Court to pay amounts owed in connection with certain goods and services provided prior to the Chapter 11 filing in the normal course of business to the extent we are able to do so under U.S. law. However, it is still possible that some vendors may have pre-petition claims that will need to be settled as part of the Chapter 11 case. If you believe you have a claim for amounts owed in connection with goods or services provided prior to the Chapter 11 filing you should file a proof of claim form. All suppliers / vendors / service providers of the filing entities will be provided with a proof of claim form or it can be found online at https://cases.primeclerk.com/imerystalc/EPOC-Index.

How do I know if I have a claim and, if so, how do I file it?

Certain vendors may have a claim if they had not been paid for goods and services provided to one of the filing entities prior to Wednesday, February 13, or if they were holding an uncashed check from one of the filing entities at the time of the filings. We believe that the filing entities will ultimately have minimal outstanding trade payables during the Chapter 11 proceeding. All suppliers / vendors / service providers of the filing entities will be provided with a proof of claim form. If you believe you have a claim, you can complete the form and file it with the Court. This form can also be found online at https://cases.primeclerk.com/imerystalc/EPOC-Index.

Should I expect any interruptions to my payments moving forward?

No. Imerys and all of its subsidiaries, whether included in the filing or not, are operating normally. You will be paid in the ordinary course of business for all goods and services provided on or after the filing date, Wednesday, February 13.

I have an uncashed check received pre-petition. What should I do?

The filing entities will be seeking authority from the Court to pay amounts owed in connection with certain goods and services provided prior to the Chapter 11 filing. However, it is possible some vendors will have claims in the Chapter 11 process, including claims linked to uncashed checks received prior to the Chapter 11 filings. If you believe you have a claim, you can complete the proof of claim form and file it with the Court by the deadline set (known as a “bar date”). This form can also be found online at https://cases.primeclerk.com/imerystalc/EPOC-Index.

When will the first post-petition payments be issued?

We expect the filing entities will be able to make payments for goods and services provided after the Chapter 11 filings within the first days of our case. Consistent with the usual payment processes, the exact timing of an individual payment will be dependent on a number of factors, including when an invoice is received and how quickly it makes it through the normal approval process.

Does this change any of the terms of my contract with the filing entities?

The Chapter 11 filings do not change the normal terms of your contracts with any Imerys businesses. Imerys and all of its subsidiaries, whether included in the filing or not, are operating as usual.

How will I be kept informed during this process?

If you have any questions throughout this process, you can call our hotline at (844) 339-4096 or visit https://cases.primeclerk.com/imerystalc.

Contacts

Supplier Hotline
Prime Clerk
Toll-Free Hotline: (844) 339-4096
Local Number (for international callers): (929) 247-2932

Media
The Levinson Group
tlg@mollylevinson.com
(202) 244-1785

Imerys Group Shareholders
Please visit Imerys Group’s investor relations website here.