Icahn Enterprises Announces Supplement to Tender Offers and Consent Solicitations for its Existing 8.125% Senior Notes Due 2012
05 1월 2010 - 12:25PM
PR Newswire (US)
NEW YORK, Jan. 4 /PRNewswire-FirstCall/ -- Icahn Enterprises L.P.
(NYSE: IEP) - Icahn Enterprises L.P. ("Icahn Enterprises")
announced today that it, together with Icahn Enterprises Finance
Corp., issued a supplement for its cash tender offers to purchase
any and all of the $967.0 million outstanding aggregate principal
amount of their 7.125% Senior Notes due 2013 (CUSIP Nos. 029171AD7
and 029171AF2) (the "2013 Notes") and any and all of the $353.0
million outstanding aggregate principal amount of their 8.125%
Senior Notes due 2012 (CUSIP No. 029171AC9 ) (the "2012 Notes" and,
together with the 2013 Notes, the "Notes"). The tender offers will
expire at 12:00 midnight, New York City time, at the end of
Thursday, January 28, 2010, unless terminated or extended (the
"Expiration Time"). Any such extension will be followed by a public
announcement no later than 9:00 a.m., New York City time, on the
first business day after the previously scheduled Expiration Time.
Holders of Notes may withdraw their Notes and revoke their consents
on or prior to 5:00 p.m., Thursday, January 7, 2010 (the "Consent
Payment Deadline"), but not thereafter. Each tender offer and
consent solicitation is subject to certain customary conditions
described in the Offer to Purchase and Consent Solicitation
Statement, including that Icahn Enterprises receives tenders of at
least a majority in aggregate principal amount of each of the 2012
Notes and 2013 Notes and a financing condition. Holders that
validly tender Notes after the Consent Payment Deadline, but at or
prior to the Expiration Time, will be eligible to receive only the
Base Consideration ($1,000) for each $1,000 principal amount of
Notes tendered, but not the Consent Payment ($22.81 per $1,000
principal amount of 2013 Notes and $20.94 per $1,000 principal
amount of 2012 Notes). Such holders are expected to receive payment
of the Base Consideration promptly after the Expiration Time
subject to the satisfaction or waiver of the conditions of the
Offer. Holders that validly tender Notes prior to the Consent
Payment Deadline but that do not deliver consents to the proposed
amendments are eligible to receive payment of the Base
Consideration for each $1,000 principal amount of Notes tendered.
Holders that validly tender (and do not validly withdraw) their
Notes and validly deliver (and do not validly revoke) their consent
to the proposed amendments prior to the Consent Payment Deadline
will receive the Total Consideration (the Base Consideration plus
the Consent Payment). Such holders are expected to receive payment
of the Base Consideration or Total Consideration, as applicable,
promptly after satisfaction of the financing condition to the
extent that all other conditions to the Offer have been satisfied
or waived and such Notes are accepted for purchase. In connection
with the tender offers, Icahn Enterprises is soliciting consents to
eliminate the incurrence of indebtedness and issuance of preferred
stock covenants in the indentures governing the Notes, and all
other terms in the indentures will remain in full force and effect
until the indentures are satisfied and discharged in accordance
with their terms. Holders who consent to the proposed amendments
will be obligated to tender their Notes. The tender offers and
consent solicitations are each being made pursuant to an Offer to
Purchase and Consent Solicitation Statement dated December 30,
2009, as amended and supplemented, and a related Consent and Letter
of Transmittal, which more fully set forth the terms and conditions
of the tender offers and consent solicitations. The information
agent for the tender offers and consent solicitations is D.F. King
& Co., Inc. The dealer manager for the tender offers and the
solicitation agent for the consent solicitations is Jefferies &
Company, Inc. Requests for documents may be directed to Jefferies
& Company, Inc. at (888) 708-5831 or D.F. King & Co., Inc.
at (800) 488-8035 or (212) 269-5550 (for banks and brokers only).
This announcement is not an offer to purchase, a solicitation of an
offer to sell, or a solicitation of consents with respect to the
Notes or any new securities. The tender offers are not being made
in any jurisdiction in which the making or acceptance thereof would
not be in compliance with the securities, blue sky or other laws of
such jurisdiction. Each tender offer and consent solicitation is
made solely by means of an Offer to Purchase and Consent
Solicitation Statement and related Consent and Letter of
Transmittal dated December 30, 2009, as amended and supplemented.
Icahn Enterprises L.P. (NYSE:IEP), a master limited partnership, is
a diversified holding company engaged in five primary business
segments: Investment Management, Automotive, Metals, Real Estate
and Home Fashion. Caution Concerning Forward-Looking Statements
This release contains certain "forward-looking statements" within
the meaning of the Private Securities Litigation Reform Act of
1995, many of which are beyond our ability to control or predict.
Forward-looking statements may be identified by words such as
"expects," "anticipates," "intends," "plans," "believes," "seeks,"
"estimates," "will" or words of similar meaning and include, but
are not limited to, statements about the expected future business
and financial performance of Icahn Enterprises L.P. and its
subsidiaries. Among these risks and uncertainties are risks related
to economic downturns, substantial competition and rising operating
costs; risks related to our investment management activities,
including the nature of the investments made by the private funds
we manage, losses in the private funds and loss of key employees;
risks related to our automotive activities, including exposure to
adverse conditions in the automotive industry, and risks related to
operations in foreign countries; risks related to our scrap metals
activities, including potential environmental exposure; risks
related to our real estate activities, including the extent of any
tenant bankruptcies and insolvencies; risks related to our home
fashion operations, including changes in the availability and price
of raw materials, and changes in transportation costs and delivery
times; and other risks and uncertainties detailed from time to time
in our filings with the SEC. We undertake no obligation to publicly
update or review any forward-looking information, whether as a
result of new information, future developments or otherwise.
DATASOURCE: Icahn Enterprises L.P. CONTACT: Investors: Dominick
Ragone, Chief Financial Officer, Icahn Enterprises L.P.,
+1-646-861-7500 Web Site: http://www.icahnenterprises.com/
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