Piora da relação com Eternit fez Colcerámica deixar CSC

Por Valor Econômico

A Compañia Colombiana de Cerámica S.A. (Colcerámica) decidiu vender para a Eternit os 40% que detinha na Companhia Sulamericana de Cerâmica (CSC) após a relação das sócias na joint venture ter ficado estremecida devido à decisão unilateral da empresa brasileira de incluir a CSC na sua recuperação judicial. A informação consta de documento encaminhado à 2ª Vara de Falências e Recuperações Judiciais do Foro Central da Comarca de São Paulo, ao qual o Valor teve acesso.

No fim de abril, a Eternit – que já detinha 60% da CSC – assumiu a totalidade ao comprar os 40% então pertencentes à colombiana Colcerámica. Ao comentar a aquisição, o presidente da Eternit, Luís Augusto Barbosa, informou que a recuperação judicial da companhia permitiu negociar o pagamento da fatia adicional da CSC em condições favoráveis, para 24 meses, conforme o desempenho da empresa no período.

Constituída em 2011, a CSC tinha acordo de acionistas que previa que a aprovação do pedido de recuperação judicial da empresa deveria contar com a anuência das duas acionistas. Segundo documento apresentado pelo escritório DCA Advogados – que representa a Colcerámica -, a empresa não foi consultada pela sócia sobre o pedido de recuperação judicial em litoconsórcio ativo. Procurada a Eternit informou que não pode se manifestar por estar em período de silêncio, e o DCA não se pronunciou.

Conforme fonte próxima à Eternit, a Colcerámica foi informada da inclusão da CSC na recuperação, mas discordou da decisão. Segundo essa fonte, a colombiana preferia negociação “amigável” com os bancos credores, mas a principal razão para a Eternit recorrer ao ajuizamento foi o aumento do cerco ao uso do amianto. A Eternit avaliou também que mesmo que a CSC não fizesse parte da recuperação, os “covenants” com as instituições financeiras venceriam tão logo houvesse o pedido. Com a recuperação da CSC, houve o vencimento antecipado dos empréstimos, que tinham garantias asseguradas pela Eternit e pela Colcerámica, conforme as fatias de cada acionista – 60% e 40%, respectivamente.

Segundo o documento, a Colcerámica, “de um dia para o outro, desembolsou dezenas de milhões de dólares”. Por ser a avalista dos empréstimos que não está em recuperação, a Colcerámica teve de pagar 40% dos valores totais financiados. Na prática, nos casos em que parte do financiamento estava paga, a parcela que a colombiana precisou desembolsar superou a da sua participação na CSC.

Houve situações, segundo o Valor apurou, em que a Colcerámica pagou quase a totalidade de determinadas dívidas. A Colcerámica detém crédito extraconcursal contra a Eternit de US$ 3.635.584 resultante dos pagamentos realizados em benefício da brasileira após o pedido de recuperação.

Na avaliação da Eternit, segundo fonte próxima à companhia, parte dos valores devidos à Colcerámica é concursal e parte, extraconcursal. No ato da compra da CSC, a Eternit desembolsou R$ 1. Foram estabelecidos termos para o pagamento do restante, em prazo mínimo de 24 meses, conforme venda dos bens ou ações da empresa. A Colcerámica continua oferecendo suporte técnico e insumos à CSC.

A Eternit não tem interesse em vender a CSC, mas pretende comercializar, em leilão, dois imóveis para pagamento de parte das dívidas da empresa – um no Ceará, outro em Goiás, avaliados em R$ 120 milhões e R$ 35 milhões, respectivamente. Produtora de louças sanitárias, a CSC faz parte das estratégias da Eternit de diversificar atividades para depender menos de telhas de fibrocimento.

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