MBK Partners categorically dismisses the baseless allegations made by Korea Zinc regarding an alleged breach of a Non-Disclosure Agreement (NDA).
Despite prior clarification that the MBK Partners Buyout Division, which is participating in the tender offer for Korea Zinc, is entirely unrelated to the review of a potential Korea Zinc investment conducted two years ago, Korea Zinc has today escalated its claims by referencing NDA provisions.
To address this matter clearly:
1. Distinct Legal Entities and Operations
MBK Partners’ Buyout Division, responsible for acquiring controlling stakes in companies, and its Special Situations Division, which focuses on minority equity investments and private debt investments, are separate entities operated by different legal bodies.
2. Strict Information Barriers
These two divisions are operationally independent and fully segregated by robust “Chinese wall” protocols that prevent any internal exchange of confidential information. This strict separation is upheld across all MBK Partners offices, including Seoul, Tokyo, Hong Kong, Shanghai and Beijing.
3. No Knowledge or Breach of NDA
The Buyout Division had no knowledge of the NDA signed between the Special Situations Division and Korea Zinc, nor any awareness of the "Troika Drive memorandum" that Korea Zinc claims to have shared. Neither division has violated the terms of any NDA.
The assertion that information from two years ago, the Special Situations Division received, might be utilized in the current tender offer from the Buyout Division is not only unfounded but also defies logic and common business practices.
Furthermore, Korea Zinc’s decision to publicly disclose the existence of an NDA between private parties is deeply troubling. Such actions not only raise serious legal questions but also call into question the company’s ethical standards and commitment to fair dealings.
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