CF Industries Holdings Inc. reports that on July 6, 2009, it filed a certification with the U.S. Federal Trade Commission (FTC) that it has substantially complied with the FTC’s request for additional information (Second Request), which CF received on June 3, 2009, in connection with its proposed business combination with Terra Industries Inc. Pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), absent the FTC challenging CF’s substantial compliance with the Second Request, the premerger waiting period will expire at 11:59 p.m., Eastern time, Aug. 5, 2009.

“We are pleased with the steady progress we have made in obtaining regulatory clearance of our proposed business combination with Terra,” said Stephen Wilson, CF chairman, president, and CEO.

CF had said earlier that the FTC was narrowly focused on the distribution of ammonia for nonagricultural use in certain limited circumstances, a business that represented less than 1 percent of CF’s 2008 revenues (GM June 22, p. 1). Unlike with Terra, CF maintains there are likely to be considerable regulatory issues with an Agrium acquisition of CF, an assertion Agrium disputes.

CF noted that effective May 27, 2009, Agrium Inc. withdrew its notice under the HSR Act with respect to its offer for CF for the second consecutive time and, nearly six weeks later, has still not re-filed its notice with the FTC.

CF also announced July 6 that it has extended the expiration date of its exchange offer for all of the outstanding shares of Terra common stock until 5:00 p.m., Eastern time, Friday, Aug. 7, 2009, unless further extended. The offer had been scheduled to expire at 5:00 p.m., Eastern time, on Friday, July 10, 2009. All other terms and conditions of the exchange offer remain unchanged. As of the close of business on July 3, 2009, a total of 2,860,681 shares of Terra common stock had been tendered into the exchange offer. There are about 100 million Terra shares outstanding.

Jack Eberspacher, 55, President and CEO of the Agricultural Retailers Association, died peacefully in his sleep on July 5 at the Inova Cameron Glen Care Center in Reston, Va. Eberspacher was on indefinite medical leave from ARA after a diagnosis of cancer in late April.

“ARA and the industry lost a dynamic leader and true visionary,” said ARA Chairman Ken Manning of Wilbur-Ellis Co. “Jack worked tirelessly to build this organization into the strong voice for agricultural retailers and distributors we have today in the nation’s Capitol. He always stressed the importance of ARA listening to its members and providing value to those members. Due to his efforts, we have an experienced and very capable team at ARA who are committed to seeing Jack’s and the board of directors’ vision for the organization fulfilled. ARA has a solid foundation in place that will only get stronger through the active involvement of its members and the industry.”

Eberspacher was appointed president of ARA in July 2001 by the association’s board. He grew the association by more than 100 percent, increasing the annual association dues revenue from $567,000 to more than $1.3 million. Prior to joining ARA, Eberspacher served as CEO of the National Association of Wheat Growers (NAWG), where his leadership guided the organization from a negative $200,000 in net earnings to a positive $80,000 in two-and-a-half years.

Before NAWG, Eberspacher served as the CEO of the National Grain Sorghum Producers Association, now known as the National Sorghum Producers (NSP), located in Lubbock, Texas. He grew that association by 300 percent and is credited with developing balanced association programs on policy, plant science, and utilization, and for placing the association on the national legislative and regulatory scene.

“Jack was our colleague and dear friend,” said Tim Lust, current NSP CEO. “His leadership carried this organization both through rough patches and tremendous growth. He cast a remarkable vision for NSP and never let the organization stray from its farmer members and the basics.”

In February 2002, Eberspacher was the only commodity leader invited to address the National Governors Conference, where he discussed the state of the agriculture economy and the importance of the 2002 farm bill. He was also appointed to the Bush/Cheney Agricultural Transition Team.

Eberspacher was born in Nebraska and received a bachelor’s degree in animal science from the University of Nebraska. He also completed coursework toward a master’s degree in business administration at Texas Tech University. He is survived by his wife, Jinger, and two children, Sam, a sophomore at the University of Virginia, and Maggie, a high school senior.

A memorial service was scheduled for Saturday, July 11, at 2:30 p.m. at the Vienna Presbyterian Church, 124 Park Street, NE, in Vienna, Va., with a reception immediately following the service.

An educational trust has been established for Sam and Maggie Eberspacher. Checks can be made to the “Sam and Maggie Eberspacher Educational Trust,” and can be addressed to Bank of America, N.A., c/o Carolyn F. Grant Suttie, 8300 Greensboro Drive, Suite 500, McLean, VA 22102.

In a July 9 letter to ARA members, former ARA Chairmen John Hester, Pete Romano, and Wendell Stratton joined former ARA board member Neil Strong in asking those interested to consider donations of $250-$1,000 for individual members and $2,000-$10,000 for member companies. “Knowing that Jack has given so much to ARA and the greater agricultural industry over his career, now we have the opportunity to give back to his family,” the letter stated. “College tuition and expenses have risen dramatically over the last few years. Our effort from ag retailers, combined with the effort of the wheat and sorghum growers, should help meet these education costs.”

ARA has not yet named a successor to Eberspacher, but a company spokesperson said it expects to make an announcement by the middle of August. For now, organization duties are being shared by staff, with no official changes to job titles.