Scotts, Mississippi
June 4, 2004
Delta and Pine Land
Company (NYSE:DLP) ("D&PL"), a leading commercial breeder,
producer and marketer of cotton planting seed, confirmed that it
has received a filing of a proceeding with The American
Arbitration Association made by Monsanto Company. The filing
seeks resolution of disputes concerning various agreements
between D&PL and Monsanto. Specifically, Monsanto alleges that
D&PL breached the Roundup Ready Gene License and Seed Services
Agreement, the Bollgard Gene License and Seed Services Agreement
and the Partnership Agreement, all executed as of February 2,
1996. D&PL is confident that it has fully complied with all
obligations under each of those agreements with Monsanto and
fully expects that the arbitration panel will confirm its
position.
The matters submitted to arbitration by Monsanto have been the
subject of an active and continuing dispute resolution process,
as provided for in the subject agreements, which specify
submitting such disputed issues to a panel comprised of senior
managers from both companies. The panel of senior managers had
already resolved some disputed issues, and D&PL was satisfied
that the panel was making progress toward resolving the
remaining matters. D&PL has submitted its own disputed issues to
the panel of senior managers as well, and will consider its
options with respect to those matters not resolved as of this
date.
D&PL has performed its obligations under all of its agreements
in good faith, and has been committed to the resolution of any
disputes arising under them. The current Monsanto/D&PL
Agreements will remain in effect until November 4, 2018 and
January 16, 2018, for the Bollgard and Roundup Ready genes
respectively, although D&PL has the right to cancel the licenses
after October 11, 2008. D&PL has every intention to continue to
operate under the licenses.
"We fully anticipate continuing to market seed containing
Monsanto traits in 2005 and beyond, which include some of the
top performing varieties in the United States," said Tom
Jagodinski, President and CEO of D&PL. "The USDA estimates that
D&PL varieties were planted on over 60% of the total acreage in
the U.S. and over 70% of the acreage planted east of Texas in
2003. We will continue to develop new varieties that contain
Monsanto's traits including Bollgard®, Roundup Ready®, Bollgard
II, and Roundup Ready Flex, as well as new traits from other
technology providers for launch in future years. We will honor
all of our obligations to our seed production partners who are
currently growing seed for us this year to be marketed in the
2005 planting season."
D&PL has been breeding, developing and selling cottonseed to
farmers since 1915. During those nine decades, Delta and Pine
Land has consistently brought to cotton producers superior
performing varieties in high quality seed with new and
innovative genetics, focusing on high yield potential and
improved fiber quality. DP 555 BG/RR and DP 444 BG/RR are the
latest examples of such outstanding and widely popular products.
D&PL was the first company to launch Monsanto's Bollgard traits
in cotton in 1996 followed by the launch of Roundup Ready and
Bollgard/Roundup Ready stacked traits.
"We intend to continue our commitment to the U.S. cotton grower
to provide the best cotton varieties and the best transgenic
technology, bringing value to the farm and to the cotton
industry at large," Jagodinski said.
Delta and Pine Land Company is a leading commercial breeder,
producer and marketer of cotton planting seed. Headquartered in
Scott, Mississippi, with multiple offices in eight states and
facilities in several foreign countries, D&PL also breeds,
produces and markets soybean planting seed in the U.S. |