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Brief -- Energy Transfer-Williams

Energy Transfer Equity LP (ETE) Thursday said it is pursuing a counterclaim in a lawsuit filed by The Williams Companies Inc. for the right to terminate the companies' merger agreement. A trial is scheduled for June 20 (see Daily GPIMay 25). ETE said Williams has breached the merger agreement by, among other things, refusing to cooperate with ETE in the financing of the deal and suing Kelcy Warren, the chairman of ETE's general partner, personally in Dallas County, TX, in violation of a mandatory forum selection provision in the merger agreement. ETE is seeking a declaratory judgment that Williams breached the merger agreement, including by its board of directors modifying or qualifying its approval and recommendation of the merger. ETE also seeks a judgment that entitles it to immediately terminate the merger agreement. "In the event ETE is entitled to and does terminate the merger agreement due to a modification or qualification of the Williams board of directors' recommendation of the merger, Williams would owe ETE a termination fee of $1.48 billion," ETE said.

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