Mr. Fertitta remarked, "The termination of the tender offer in no way impairs our ability to acquire the Company. What I have always wanted was to engage in mutually beneficial discussions. By entering into the confidentiality agreement, which requires us to terminate the tender offer, the Company is agreeing to provide us with all necessary information, financial or otherwise, so that we can have fruitful negotiations and offer a fair value for the Company. While we are agreeing to a standstill, we have preserved our right to nominate directors at next year's annual meeting of stockholders in the event the sale process is terminated or not properly conducted. This truly is the best outcome for all stockholders."
Landry's is not accepting for payment any shares that have been tendered, and such shares will be returned promptly, without expense, to the holders who have tendered such shares (or, in the case of shares tendered by book-entry transfer through the DTC, such shares will be credited to the proper account maintained with the DTC). The tender offer consideration will not be paid or become payable to any holders of shares pursuant to the tender offer. Under no circumstances should shares be tendered to Landry's or DTC and, if tendered, such shares will not be accepted and will be promptly returned to the tendering shareholder.
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