Free Declaration - District Court of Delaware - Delaware

l
Case 1 :05-cv-00023-JJF Document 74 Filed 12/22/2006 Page 1 of 3
I
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DOW CHEMICAL CANADA INC. on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, )
)
Plaintiff, )
) l
v. )
_ )
HRD CORPORATION (d/b/a Marcus Oil & )
Chemical) ) Case No. 05-023 (JJF)
)
Defendant, Counterclaim Plaintiff, )
)
v. g
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of TI-IE DOW CHEMICAL )
COMPANY, and THE DOW CHEMICAL )
COMPANY, )
)
Counterclaim Defendants. )
DECLARATION OF ANTHONY R. FRENCHAM [TON X)
I, Tony Frencham, do declare and state as follows:
1. I am presently the Director for Business Development at The Dow
Chemical Company (“Dow"). I am responsible for the identification, evaluation and
implementation of Business Development opportunities beyond the scope of the existing
market and asset operations of the Dow Performance Plastics & Chemicals businesses.
2. I earned a Bachelor of Applied Science (Chemistry) from LaTrobe
University ·— Australia in 1982, a Graduate Diploma in Applied Polymer Science from
Monash University — Australia in 1987, and a Post Graduate Diploma in Management
from Deakin University — Australia in 1994.
i
l
i
l

`
Case 1 :05-cv-00023-JJF Document 74 Filed 12/22/2006 Page 2 of 3
3. I know Abbas and Aziz Hassan, the two owners of HRD, iiom Dow’s
work with I-IRD to develop metallocene waxes. In 2003, Abbas Hassan told me that
Marcus Oil India had entered into agreements with an Iranian entity associated with the
National Petrochemical Company ("NPC"), Iran’s state-owned oil company. In fact, I
first learned of the Hassans’ connections with this Iranian entity Hom Abbas Hassan. He
told me he had signed an agreement with this Iranian entity on behalf of Marcus Oil India
He showed me a thirty to forty page document that he referred to as the agreement with
the Iranian entity, and I saw his signature. n
4. During my discussions with HRD and the Hassans, I frequently met with
and corresponded with Greg Borsinger. From Mr. Borsinger’s involvement and
knowledge of Marcus’s business and business arrangements, he appears to me to be
integrally involved in all aspects of HRD’s business. He was present in person or by
telephone at most of the meetings we had with Marcus regarding both the metallocene
I wax technology and the methane conversion technology. He provided detailed advice to
Marcus on all ofthe agreements Dow reached with Marcus, and, in many cases, drafted
the agreements himself From what I can tell, he was involved in every aspect of
Marcus’s efforts to develop a metallocene wax product with Dow. I expect he will
continue in this role after this litigation is complete. t
5. Mr. Borsinger enjoys an extremely close relationship with HRD and the
Hassan brothers. During the joint venture with Dow, the Hassan brothers would
frequently call on Mr. Borsinger at any time to be where HRD required, whether at
H.RD's headquarters in Texas, or at Dow's Samia facilities.
2 l
I

\
Case 1:05-cv-00023-JJF Document 74 Filed 12/22/2006 Page 3 0f 3
| / [ 1 V
N I
- i
I declare under penalty ofpcnjmyfthat mba fqtegoing ls tmc and mn-uct.
Date: D¢ccmb¤r2?-.2006 E / '
2 Tum Frcncham

? §
I s N
3 E /
5 i
i i
1 I 4