The newly issued senior notes will not be registered under the Securities Act of 1933, as amended (“Securities Act”), or the securities laws of any other jurisdiction, and will not be offered or sold in
The company also announced today in connection with its previously announced tender offer (the “Tender Offer”), which included a concurrent consent solicitation (the “Consent Solicitation”) providing for amendments (the “Proposed Amendments”) to the indenture governing the 2021 Notes, that the requisite consents necessary to effect the Proposed Amendments through a supplemental indenture were not received as of the early tender expiration. As a result, a condition to the Tender Offer will not be met, and the company has terminated the Tender Offer and the Consent Solicitation. Accordingly, all consents previously delivered by holders of the 2021 Notes will be of no effect, the tendered 2021 Notes will be returned, the indenture governing the 2021 Notes will not be amended and will remain in its present form and no consent fees will be paid or become payable to holders of the 2021 Notes who have delivered consents.
As previously announced, the company intends to redeem any and all outstanding 2021 Notes on
This press release is for informational purposes only and does not constitute an offer to buy or the solicitation of an offer to sell with respect to any securities.
The information contained in this release, other than historical information, consists of forward-looking statements within the meaning of Section 27A of the Securities Act and Section 21E of the Securities Exchange Act. These statements may involve risks and uncertainties that could cause actual results to differ materially from those described in such statements. These risks and uncertainties include, among others, (i) the adequacy of cash flows from operations, available cash and available amounts under our credit facilities to meet our future liquidity needs, (ii) our ability to roll out our capital enhancements in a timely and cost effective manner, (iii) our ability to improve operating results by implementing strategic cost reductions, and organizational and personnel changes without adversely affecting our business, (iv) our operations and results of operations, and (v) the risk factors or uncertainties listed from time to time in the company’s filings with the
Senior Vice President
Investor Relations and Treasurer