Neff Corporation Announces Receipt of Superior Proposal
14 8월 2017 - 8:30PM
Business Wire
Neff Corporation (NYSE: NEFF) (“Neff” or the “Company”) today
announced that its Board of Directors has determined that an
acquisition proposal received from a strategic bidder to acquire
all of the outstanding shares of Neff common stock for $25.00 per
share in cash constitutes a “Superior Proposal” as such term is
defined in the Company’s previously announced agreement and plan of
merger (the “Existing Merger Agreement”) with H&E Equipment
Services, Inc. (“H&E”).
The definitive terms and conditions of a merger agreement and
other related agreements detailing the acquisition proposal have
been fully negotiated, and such agreements are subject only to
execution by the Company. In making its determination that the
bidder's proposal constitutes a Superior Proposal, the Board
consulted with its independent financial advisor and outside legal
counsel.
Under the terms of the Existing Merger Agreement, H&E agreed
to acquire all of the outstanding shares of Neff common stock for
$21.07 per share in cash, subject to certain potential downward
adjustments.
The Company has provided notice to H&E of the Board’s
determination that the proposal constitutes a Superior Proposal.
Under the Existing Merger Agreement, H&E has certain matching
rights, including the right to propose modifications to the terms
of the Existing Merger Agreement and related agreements prior to
the expiration of a five business day period. The Company is
required to, and intends to, negotiate in good faith with H&E
during this period.
Under the Existing Merger Agreement, the Company is required to
pay a $13.2 million termination fee to H&E if the Company
terminates the Existing Merger Agreement in order to enter into an
agreement with the bidder. The bidder has agreed to pay the
termination fee to H&E on the Company’s behalf in such
event.
The Company’s Board has not changed its recommendation in
support of the H&E merger. There can be no assurance that a
transaction with the bidder will result from the bidder’s offer or
that any other transaction will be consummated.
About Neff Corporation
Neff is a leading regional equipment rental company in the
United States, focused on the fast growing Sunbelt States. Based in
Miami, FL, the company offers a broad array of equipment rental
solutions for its more than 15,000 customers, focusing on key end
user markets including infrastructure, non-residential
construction, energy and municipal and residential construction.
Neff has 69 branches, approximately 1,160 employees and a broad
fleet of equipment, including earthmoving, material handling,
aerial and other rental equipment to meet specific customer
needs.
Forward-Looking Statements
This communication 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 (the “Exchange
Act”). Forward-looking statements are based on Neff’s current plans
or expectations that are inherently subject to significant
business, economic and competitive uncertainties and contingencies.
These uncertainties and contingencies can affect actual results and
could cause actual results to differ materially from those
expressed in any forward-looking statements made by, or on behalf
of, Neff. In particular, statements using words such as “may,”
“should,” “estimate,” “expect,” “anticipate,” “intend,” “believe,”
“predict,” “potential,” or words of similar import generally
involve forward-looking statements. The inclusion of
forward-looking statements in this communication should not be
considered as a representation by Neff or any other person that
Neff’s current plans or expectations will be achieved. Numerous
factors could cause actual results to differ materially from those
in such forward-looking statements, including, but not limited to:
the occurrence of any event, change or other circumstances that
could give rise to the termination of the Merger Agreement; changes
in the business or operating prospects of Neff; the failure to
satisfy conditions to completion of the Merger, including receipt
of regulatory approvals; risks that the proposed transaction
disrupts Neff’s current plans and operations, including the
occurrence of an event, circumstance, occurrence, fact, condition,
development, effect or change that constitutes a Company Material
Adverse Event (as defined in the Existing Merger Agreement); the
ability to retain key personnel; the ability to recognize the
benefits of the Merger; the amount of the costs, fees, expenses and
charges related to the Merger; risks relating to operating in a
highly competitive environment; risks relating to deteriorating
market conditions; the risk of failures of Neff’s customers,
suppliers or other counterparties to honor their obligations to
Neff; the effect on Neff’s business of potential changes in the
regulatory system under which it operates; risks relating to
potential adverse tax developments; risks relating to adverse
legislative developments; losses that Neff could face from
terrorism, political unrest and war; changes in economic conditions
or inflation; and other factors affecting future results disclosed
in Neff’s filings with the U.S. Securities and Exchange Commission
(“SEC”), including but not limited to those discussed under Item
1A, “Risk Factors”, in Neff’s Annual Report on Form 10-K for the
year ended December 31, 2016 and Quarterly Report on Form 10-Q for
the quarter ended June 30, 2017 and in other reports filed by Neff
with the SEC.
This communication does not constitute an offer to sell or the
solicitation of an offer to buy any securities or a solicitation of
any vote or approval.
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version on businesswire.com: http://www.businesswire.com/news/home/20170814005454/en/
Neff CorporationInvestor Relations:Mark Irion,
305-513-3350Chief Financial OfficerorBrian Coolidge,
305-513-3350Director of Financial
ReportingInvestorRelations@neffcorp.comorFTI ConsultingMedia
Relations:Brian Shiver,
212-850-5683Brian.Shiver@fticonsulting.comorGrace Altman,
212-850-5602Grace.Altman@fticonsulting.com
NEFF CORP (NYSE:NEFF)
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부터 10월(10) 2024 으로 11월(11) 2024
NEFF CORP (NYSE:NEFF)
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부터 11월(11) 2023 으로 11월(11) 2024