CC 8-K
Chemours Co (CC)
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported)
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company |
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If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. |
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Item 1.01 Entry into a Material Definitive Agreement.
On September 9, 2026, The Chemours Company (“Chemours”), DuPont de Nemours, Inc. (“DuPont”), Corteva, Inc. and EIDP, Inc., a subsidiary of Corteva, Inc. (together with Corteva, Inc., “Corteva”), entered into a settlement agreement (the “Settlement Agreement”) with the State of North Carolina and 11 local entities located in the vicinity of Chemours’ Fayetteville Works facility, including Bladen County, Brunswick County, Columbus County, Cumberland County, New Hanover County, Robeson County, Sampson County, Town of Wrightsville Beach, City of Lumberton, Village of Bald Head Island and the Lower Cape Fear Water and Sewer Authority (collectively, the “Local Entities,” and together with the State of North Carolina, the “Claimants”).
The Settlement Agreement resolves all claims asserted by the Claimants relating to PFAS and other emissions from the Fayetteville Works facility, as well as claims asserted by the State of North Carolina relating to PFAS contamination unrelated to such facility, including contamination associated with the use of aqueous film-forming foam. In addition, the Settlement Agreement acknowledges that certain obligations under the 2019 Consent Order with the State of North Carolina have been completed and establishes procedures to resolve certain remaining obligations relating to off-site areas, including implementation of drinking water programs.
The Settlement Agreement includes an aggregate payment to the Claimants in the amount of $455 million (the “Settlement Amount”), payable over a 15-year period beginning within 30 days of the execution date of the Settlement Agreement.
The Settlement Agreement remains subject to the entry of orders dismissing the claims covered therein. The foregoing description of the Settlement Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of the Settlement Agreement, a copy of which is attached hereto as Exhibit 10.1 and is incorporated herein by reference.
Consistent with the January 2021 Memorandum of Understanding (“MOU”) between the Chemours, DuPont, and Corteva, Chemours will be responsible for 50% of settlement payments, and DuPont and Corteva will be responsible for the remaining 50%. In addition, Chemours, DuPont, and Corteva have mutually worked together to reach certain understandings concerning the MOU, including the valuation of the Settlement Amount and potential future multi-year settlements on a net present value basis for purposes of calculating qualified spend, as they continue to work together to address legacy PFAS-related litigation matters. Pursuant to these understandings, for purposes of calculating the amount of qualified spend applied against the MOU’s $4 billion aggregate qualified spend cap, the Settlement Amount will be applied against such cap in the amount of $210 million, reflecting the net present value spread equally over a twenty-five-year period from the date the Settlement becomes final (rather than the actual timing of the payments) and using an 8% discount rate. The companies have agreed to use this net present value methodology for potential future settlements with multi-year payments.
In addition, since the aggregate payments to be made in connection with the Settlement Agreement and the companies’ 2025 settlement with the State of New Jersey will qualify for withdrawal from the companies’ MOU escrow account and exceed the companies’ future escrow contribution obligations, all future contributions to the MOU escrow account will be considered satisfied by the companies’ New Jersey and North Carolina settlement payments, including Chemours’ $50 million escrow contribution that would have been due in September 2026.
Item 7.01 Regulation FD Disclosure.
On September 10, 2026, Chemours issued a press release announcing the matters described in this Current Report on Form 8-K. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Forward-Looking Statements
This Current Report on Form 8-K contains forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, which involve risks and uncertainties. Forward-looking statements provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to a historical or current fact. The words “believe,” “expect,” “will,” “anticipate,” “plan,” “estimate,” “target,” “project” and similar expressions, among others, generally identify “forward-looking statements,” which speak only as of the date such statements were made. Forward-looking statements by their nature address matters that are, to different degrees, uncertain, such as statements about expected performance and impact of the cost-sharing arrangements by and among Chemours, Corteva and DuPont related to future eligible PFAS liabilities. Factors that could cause or contribute to these differences include, but are not limited to: the outcome of the final court approval process for the Consent Decree, including any appeals; the outcome of any pending or future litigation related to PFAS or PFOA, including personal injury claims and natural resource damages claims; the extent and cost of ongoing remediation obligations and potential future remediation obligations, including performance of injunctive actions and mitigation projects under the Consent Order; changes in laws and regulations applicable to PFAS chemicals; the performance by each of the parties of their respective obligations under the cost-sharing arrangement. Unlisted factors may present significant additional obstacles to the realization of forward-looking statements. Further lists and descriptions of risks and uncertainties can be found in Chemours’ annual report on Form 10-K for the year ended December 31, 2025 and subsequent reports on Form 10-Q and Form 8-K, the contents of which are not incorporated by reference into, nor do they form part of, this announcement. Consequences of material differences in results as compared
with those anticipated in the forward-looking statements could include, among other things, business disruption, operational problems, financial loss, legal liability to third parties and similar risks, any of which could have a material adverse effect on Chemours’ consolidated financial condition, results of operations, credit rating or liquidity. Chemours does not assume any obligation to publicly provide revisions or updates to any forward-looking statements, whether as a result of new information, future developments or otherwise, should circumstances change, except as otherwise required by securities and other applicable laws.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
99.1 Press Release, dated September 10, 2026.
104 Cover Page Interactive Data File (formatted as Inline XBRL).
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
THE CHEMOURS COMPANY |
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By: |
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/s/ Shane Hostetter |
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Shane Hostetter |
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Senior Vice President, Chief Financial Officer |
Date: |
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September 10, 2026 |
Exhibit 10.1
SETTLEMENT AGREEMENT
This Settlement Agreement sets forth the terms and conditions of a settlement between and among the State of North Carolina, by and through the North Carolina Attorney General, and Bladen County, Brunswick County, Columbus County, Cumberland County, New Hanover County, Robeson County, Sampson County, Town of Wrightsville Beach, City of Lumberton, Village of Bald Head Island, and Lower Cape Fear Water and Sewer Authority, on the one hand; and EIDP, Inc., Corteva, Inc., DuPont de Nemours Inc., The Chemours Company, and The Chemours Company FC, LLC, on the other hand.
WHEREAS, E. I. du Pont de Nemours and Company formerly owned and operated a chemical manufacturing facility located in Bladen County, North Carolina, commonly known as “Fayetteville Works,” and, in connection with its separation and spin-off of The Chemours Company, ownership and operation of Fayetteville Works were transferred to Chemours FC, which has owned and operated Fayetteville Works as an independent company since July 1, 2015;
WHEREAS, the State has alleged that Environmental Releases from Fayetteville Works have resulted in PFAS contamination throughout the Lower Cape Fear region, including contamination of the drinking water of North Carolina residents, as well as groundwater, surface water, soil, and sediment;
WHEREAS, on February 25, 2019, the State, through the North Carolina Department of Environmental Quality (“NCDEQ”), and Chemours FC, agreed to the entry of a Consent Order to establish a comprehensive framework to address PFAS impacts associated with Fayetteville Works in compliance with applicable environmental laws and regulations administered by NCDEQ;
WHEREAS, since entry of the Consent Order, Chemours FC has devoted substantial resources to the performance of obligations thereunder, including by ceasing the discharge of process wastewater; constructing an over-one-mile-long subsurface barrier wall to prevent PFAS contamination from migrating into the Cape Fear River; installing multiple treatment systems to treat contaminated groundwater and stormwater; installing air pollution control technology to control PFAS; and by sampling approximately 27,500 wells and offering approximately 10,500 replacement drinking water systems, among other investigation, remediation and emission control measures;
WHEREAS, Chemours FC has incurred approximately $1.193 billion in connection with its compliance with the Consent Order and currently anticipates that it will incur additional expenditures in carrying out remaining obligations under the Consent Order;
WHEREAS, substantial progress has been achieved under the Consent Order and certain provisions of the Consent Order have been completed;
WHEREAS, Chemours FC renews its commitments to satisfy the remaining open obligations under the Consent Order, and Chemours FC and the State through NCDEQ intend to work to ensure resolution of the remaining obligations;
WHEREAS, Corteva and DuPont are committed to providing $135,000,000 in financial assurance for Chemours FC’s remaining obligations under the Consent Order to the extent specified in this Agreement;
WHEREAS, on February 26, 2024, the United States District Court for the District of South Carolina approved the Public Water System Class Settlement in the AFFF MDL, which resolved certain PFAS-related Claims of participating public water systems, subject to the exclusions and participation requirements set forth therein;
WHEREAS, certain public water systems located in or providing public services to Bladen, Brunswick, Columbus, Cumberland, New Hanover, and Robeson Counties were excluded from the Public Water System Class Settlement, and Pender County requested inclusion in that settlement;
WHEREAS, separate from the Consent Order and the Public Water System Class Settlement, on October 13, 2020, the State, through the Attorney General, commenced a civil action against Settling Defendants seeking, among other things, damages for past and future harms to North Carolina’s Natural Resources associated with PFAS releases from Fayetteville Works;
WHEREAS, certain Settling State Subdivisions have also asserted certain Claims against the Settling Defendants seeking compensation for alleged harms associated with Environmental Releases of PFAS from Fayetteville Works, including, but not limited to, costs associated with addressing PFAS contamination in drinking water; and
WHEREAS, without any admission of fault or liability, this Agreement is intended to fully, finally, and forever resolve, discharge, and settle all Released Claims of all Releasors against all Released Parties, including all such Claims asserted in any of the Litigations against all Released Parties (as each of the foregoing terms is defined herein), upon and subject to the terms and conditions of this Agreement;
NOW, THEREFORE, in recognition of and reliance on the foregoing and the terms and conditions set forth below, IT IS HEREBY AGREED by, among, and between the Parties, as follows:
As used in this Agreement, the following capitalized terms have the meanings specified below.
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For the avoidance of doubt, the term “Covered Conduct” includes conduct involving PFAS or any Contaminant otherwise within the definition in clauses 1-6 above that was the result of an Environmental Release prior to the Execution Date and that migrated or was transported to another location after the Execution Date.
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In addition, as used herein, “include,” “includes,” and “including” mean “include, without limitation,” “includes, without limitation,” and “including, without limitation,” respectively.
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Notices to the State shall be given to the following:
North Carolina Department of Justice
Environmental Division
P.O. Box 629
Raleigh, NC 27602
Attention: Asher Spiller
Email: [email protected]
With a copy to:
North Carolina Department of Environmental Quality
General Counsel’s Office
1601 Mail Service Center
Raleigh, NC 27699-1601
Attention: Daniel Hirschman
Email: [email protected]
Notices to the Settling State Subdivisions shall be given to the following:
Scott Summy
Baron & Budd, P.C.
3102 Oak Lawn Ave., Suite 1100
Dallas, TX 75219
Email: [email protected]
Notices to Chemours shall be given to the following:
The Chemours Company
Office of the General Counsel
1007 Market Street
Wilmington, DE 19801
Attention: Kristine M. Wellman and Todd A. Coomes
Email: [email protected]
Email: [email protected]
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With a copy to:
Graham W. Meli
JB Kelly
Wachtell, Lipton, Rosen & Katz
51 West 52nd Street
New York, NY 10019
Email: [email protected]
Email: [email protected]
Notices to DuPont de Nemours, Inc. shall be given to the following:
DuPont de Nemours, Inc.
974 Centre Road
Wilmington, DE 19806
Attention: Erik T. Hoover
Email: [email protected]
With a copy to:
Bradley H. Weidenhammer, P.C.
Kirkland & Ellis LLP
333 West Wolf Point Plaza
Chicago, Illinois 60654
Email: [email protected]
Notices to Corteva shall be given to the following:
Corteva, Inc.
974 Centre Road
Building 735
Wilmington, Delaware 19805
Attention: Jen Johnson
Email: [email protected]
With a copy to:
Michael T. Reynolds
Cravath, Swaine & Moore LLP
2 Manhattan West
375 Ninth Avenue
New York, NY 10001
Email: [email protected]
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Notices to EIDP shall be given to the following:
EIDP, Inc.
974 Centre Road
Building 735
Wilmington, Delaware 19805
Attention: Thomas A. Warnock
Email: [email protected]
With a copy to:
Michael T. Reynolds
Cravath, Swaine & Moore LLP
375 Ninth Avenue
New York, New York 10001
Email: [email protected]
Any Party may change or add the contact information of the persons designated to receive notice on its behalf by notice given (effective upon the giving of such notice) as provided in this Section XII.E.
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[Signatures begin on next page.]
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Authorized and agreed to by:
THE CHEMOURS COMPANY |
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by |
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/s/ Todd A. Coomes |
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Deputy General Counsel |
THE CHEMOURS COMPANY FC, LLC |
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by |
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/s/ Todd A. Coomes |
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Deputy General Counsel |
DUPONT DE NEMOURS, INC. |
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by |
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/s/ Erik T. Hoover |
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SVP & General Counsel |
EIDP, Inc. (f/k/a E.I. du Pont de Nemours and Company). |
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by |
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/s/ Thomas Warnock |
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Assistant Secretary |
Corteva, Inc. |
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by |
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/s/ Jennifer Johnson |
SVP, Chief Legal Officer & Corporate Secretary
NORTH CAROLINA ATTORNEY GENERAL |
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by |
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/s/ Jeff Jackson |
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Attorney General for North Carolina |
BLADEN COUNTY |
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by |
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/s/ Cameron McGill |
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Chairman |
BRUNSWICK COUNTY |
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by |
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/s/ Mike Forte |
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Chairman
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COLUMBUS COUNTY |
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by |
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/s/ Amanda B. Prince |
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County Attorney |
CUMBERLAND COUNTY |
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by |
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/s/ Kirk deViere |
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Chairman |
NEW HANOVER COUNTY |
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by |
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/s/ LeAnn Pierce |
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Chair, Board of Commissioners |
ROBESON COUNTY |
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by |
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/s/ Kellie Hunt Blue |
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County Manager |
SAMPSON COUNTY |
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by |
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/s/ Allen Vann |
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County Manager |
TOWN OF WRIGHTSVILLE BEACH |
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by |
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/s/ Haynes M. Brigman |
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Town Manager |
CITY OF LUMBERTON |
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by |
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/s/ Bruce Davis |
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Mayor |
VILLAGE OF BALD HEAD ISLAND |
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by |
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/s/ Chris McCall |
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Village Manager |
LOWER CAPE FEAR WATER AND SEWER AUTHORITY |
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by |
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/s/ Scott Phillips |
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Chairman |
Exhibit A – Litigations
1 This action is identified solely with respect to the claims of Brunswick County, Lower Cape Fear Water & Sewer Authority, and the Town of Wrightsville Beach that are resolved under this Agreement. Cape Fear Public Utility Authority is also a plaintiff in the action but is not a Party to, and its claims are not resolved by, this Agreement.
Exhibit B – Payment Schedule
Payment Year |
Settling State Subdivision Payment Amount |
State Payment Amount |
Total Payment Amount |
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Year 1 |
$ |
77,500,000 |
$ |
25,000,000 |
$ |
102,500,000 |
Year 2 |
$ |
77,500,000 |
$ |
3,000,000 |
$ |
80,500,000 |
Year 3 |
$ |
77,500,000 |
$ |
3,000,000 |
$ |
80,500,000 |
Year 4 |
$ |
25,000,000 |
$ |
3,000,000 |
$ |
28,000,000 |
Year 5 |
$ |
25,000,000 |
$ |
3,000,000 |
$ |
28,000,000 |
Year 6 |
$ |
25,000,000 |
$ |
3,000,000 |
$ |
28,000,000 |
Year 7 |
$ |
25,000,000 |
$ |
3,000,000 |
$ |
28,000,000 |
Year 8 |
$ |
25,000,000 |
$ |
4,000,000 |
$ |
29,000,000 |
Year 9 |
$ |
12,500,000 |
$ |
4,000,000 |
$ |
16,500,000 |
Year 10 |
$ |
10,000,000 |
$ |
4,000,000 |
$ |
14,000,000 |
Year 11 |
$ |
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$ |
4,000,000 |
$ |
4,000,000 |
Year 12 |
$ |
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$ |
4,000,000 |
$ |
4,000,000 |
Year 13 |
$ |
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$ |
4,000,000 |
$ |
4,000,000 |
Year 14 |
$ |
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$ |
4,000,000 |
$ |
4,000,000 |
Year 15 |
$ |
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$ |
4,000,000 |
$ |
4,000,000 |
Total |
$ |
380,000,000 |
$ |
75,000,000 |
$ |
455,000,000 |
EXHIBIT 99.1
Chemours, DuPont and Corteva Reach Agreement to Resolve PFAS-Related Claims in North Carolina
Wilmington, Del., September 10, 2026 – The Chemours Company (NYSE: CC) (the “Company”) today announced that, along with DuPont de Nemours, Inc. (“Dupont”) and Corteva, Inc. (“Corteva”), it has entered into a settlement (the “Settlement”) with the State of North Carolina (the “State”) and 11 local entities* in the vicinity of the Company’s Fayetteville Works facility that were excluded from the U.S. Public Water System Class Settlement approved in 2024.
The Settlement resolves litigations brought by the State and the settling local entities relating to PFAS and other historical discharges from Fayetteville Works, as well as the State’s claims of PFAS contamination unrelated to that site, including from the use of AFFF.
The settlement also acknowledges the substantial progress made under the Company’s 2019 Consent Order with the State (the “Consent Order”). Since 2019, Chemours has made substantial investments to significantly reduce PFAS emissions from Fayetteville Works and mitigate off-site impacts in the surrounding communities. The agreement recognizes that several Consent Order provisions have been completed and establishes procedures to address certain remaining obligations relating to off-site areas, including implementation of drinking water programs.
Settlement payments will total $455 million (the “Settlement Amount”) over a 15-year period beginning within 30 days of the execution date of the agreement. Chemours’ share of expected payments over the next twelve months is approximately $50 million. Of the total settlement amount, $18 million is attributed to alleged PFAS contamination unrelated to Fayetteville Works.
The terms of the Settlement, including a further description of claims released and not released, are set forth in the Settlement Agreement, which remains subject to entry of dismissals of the covered litigations.
EXHIBIT 99.1
Consistent with the January 2021 Memorandum of Understanding (“MOU”) between the Company, DuPont, and Corteva, Chemours will be responsible for 50% of settlement payments, and DuPont and Corteva will be responsible for the remaining 50%. In addition, Chemours, DuPont, and Corteva have mutually worked together to reach certain understandings concerning the MOU, including the valuation of the Settlement and potential future multi-year settlements on a net present value basis for purposes of calculating qualified spend, as they continue to work together to address legacy PFAS-related litigation matters. Pursuant to these understandings, for purposes of calculating the amount of qualified spend , the Settlement Amount will account for approximately $210 million.
In addition, all future contributions to the MOU escrow account will be considered satisfied , including Chemours’ $50 million escrow contribution that would have been due in September 2026.
This settlement marks further progress under the Strengthening the Long-Term Pillar of Chemours' Pathway to Thrive strategy and ongoing efforts to address legacy liabilities and community concerns. The agreement provides greater clarity regarding the liabilities associated with these matters, acknowledges the significant progress already made at Fayetteville Works, and supports the Company's continued operation of this important manufacturing facility.
* The 11 local entities are Bladen County, Brunswick County, Columbus County, Cumberland County, New Hanover County, Robeson County, Sampson County, Town of Wrightsville Beach, City of Lumberton, Village of Bald Head Island, and Lower Cape Fear Water and Sewer Authority.
About The Chemours Company
The Chemours Company (NYSE: CC) is a global leader in providing industrial and specialty chemicals products for markets, including coatings, plastics, refrigeration and air conditioning, transportation, semiconductor and advanced electronics, general industrial, and oil and gas. Through our three businesses – Thermal & Specialized Solutions, Titanium Technologies, and Advanced Performance Materials – we deliver application expertise and chemistry-based innovations that solve customers' biggest challenges. Our flagship products are sold under prominent brands such as Opteon™, Freon™, Ti-Pure™, Nafion™, Teflon™, Viton™, and Krytox™. Headquartered in Wilmington, Delaware and listed on the NYSE under the symbol CC, Chemours has approximately 5,700 employees and 28 manufacturing sites and serves approximately 2,400 customers in approximately 110 countries. For more information, visit chemours.com or follow us on LinkedIn.
Forward-Looking Statements
This press release contains forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, which involve risks and uncertainties. Forward-looking statements provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to a historical or current fact. The words “believe,” “expect,” “will,” “anticipate,” “plan,”
EXHIBIT 99.1
“estimate,” “target,” “project” and similar expressions, among others, generally identify “forward-looking statements,” which speak only as of the date such statements were made. Forward-looking statements by their nature address matters that are, to different degrees, uncertain, such as statements about expected performance and impact of the cost-sharing arrangements by and between Chemours, Corteva and DuPont related to future eligible PFAS liabilities. Factors that could cause or contribute to these differences include, but are not limited to: the relevant courts’ entry of dismissals required for the Settlement Agreement to become final; the outcome of any pending or future litigation related to PFAS or PFOA, including claims by North Carolina subdivisions not covered by the settlement, personal injury claims, property damage claims, and natural resource damages claims; the extent and cost of ongoing remediation obligations and potential future remediation obligations, including performance of remaining obligations under the Consent Order; changes in laws and regulations applicable to PFAS chemicals; the performance by each of the parties of their respective obligations under the MOU. Unlisted factors may present significant additional obstacles to the realization of forward-looking statements. Further lists and descriptions of risks and uncertainties can be found in Chemours’ annual report on Form 10-K for the year ended December 31, 2025 and subsequent reports on Form 10-Q and Form 8-K, the contents of which are not incorporated by reference into, nor do they form part of, this announcement. Consequences of material differences in results as compared with those anticipated in the forward-looking statements could include, among other things, business disruption, operational problems, financial loss, legal liability to third parties and similar risks, any of which could have a material adverse effect on Chemours’ consolidated financial condition, results of operations, credit rating or liquidity. Chemours does not assume any obligation to publicly provide revisions or updates to any forward-looking statements, whether as a result of new information, future developments or otherwise, should circumstances change, except as otherwise required by securities and other applicable laws.
CONTACTS:
INVESTORS
Brandon Ontjes
Vice President, Head of Strategy & Investor Relations
+1.302.773.3309
[email protected]
NEWS MEDIA
Jess Loizeaux
Communications Leader, External Affairs
+1.302.685.8554