Landmark Communications to Take CoolSavings Private; CoolSavings Stockholders to Receive $.80 Per Share in Cash
13 Setembro 2005 - 9:00AM
PR Newswire (US)
CHICAGO and NORFOLK, Va., Sept. 13 /PRNewswire/ -- Landmark
Communications, Inc. ("Landmark") today announced the execution of
a definitive agreement for Landmark to purchase all of the shares
of common stock ("Common Stock") and Series C convertible preferred
stock of CoolSavings, Inc. ("CoolSavings") (OTC:CSAV) (BULLETIN
BOARD: CSAV) held by each of Richard H. Rogel and Hugh R. Lamle and
certain of their respective family members and related persons (the
"Selling Stockholders"). Landmark is CoolSavings' largest
stockholder with beneficial ownership of approximately 83% of
CoolSavings' Common Stock, assuming Landmark converted all of its
Series B convertible preferred stock. Mr. Rogel and Mr. Lamle are
members of the Board of Directors of CoolSavings. This negotiated
purchase will be the first step in a series of transactions through
which Landmark, without action by the CoolSavings board of
directors, intends to take CoolSavings private. (Logo:
http://www.newscom.com/cgi-bin/prnh/20050203/CGTH021LOGO ) Under
its agreement with the Selling Stockholders, Landmark will acquire
8,739,904 shares of Common Stock and 12,132,976 shares of Series C
convertible preferred stock of CoolSavings (collectively, the
"Shares") at a per share price of $.80 for an aggregate purchase
price of $16,698,304. Upon consummation of the acquisition of the
Shares, Landmark will hold approximately 66.5% of the outstanding
shares of Common Stock, 100% of the outstanding shares of Series B
convertible preferred stock and approximately 95% of the
outstanding shares of Series C convertible preferred stock of
CoolSavings. Immediately following the acquisition of the Shares,
Landmark intends to exercise its right to convert all of its
outstanding shares of Series B convertible preferred stock to
Common Stock. Once the conversion is completed, Landmark's
ownership of CoolSavings' Common Stock will increase from
approximately 66.5% to approximately 91.7%, and, accordingly,
Landmark will own more than 90% of each class of outstanding stock
of CoolSavings. Immediately following the consummation of the
acquisition of the Shares and conversion of all of Landmark's
shares of Series B convertible preferred stock to Common Stock, and
subject to Landmark's obligations under Rule 13e-3 of the
Securities Exchange Act of 1934, Landmark intends to consummate a
short-form merger pursuant to Section 253 of the Delaware General
Corporation Law ("DGCL") whereby a newly-formed wholly owned,
indirect subsidiary of Landmark holding all of the shares of
CoolSavings capital stock then owned by Landmark and its affiliates
will be merged with and into CoolSavings, with CoolSavings being
the surviving corporation in such merger. Under Section 253 of the
DGCL, the short-form merger may be effected without any vote of the
board of directors or stockholders of CoolSavings because the
merging subsidiary will own more than 90% of each class of
outstanding stock of CoolSavings. Under the terms of the merger,
each outstanding share of Common Stock and each outstanding share
of Series C convertible preferred stock of CoolSavings (other than
those shares held by Landmark and its affiliates and any shares
owned by stockholders who properly exercise their statutory
appraisal rights under the DGCL) will be converted into the right
to receive $0.80 in cash, without interest. Following the merger,
Landmark will beneficially own the same number of shares of Common
Stock and Series C convertible preferred stock of CoolSavings, as
the surviving corporation, as before the merger. The closing of the
acquisition of the Shares is subject to customary closing
conditions, including Landmark's filing of a Schedule 13E-3, the
resolution of all SEC comments with respect to the Schedule 13E-3,
and the dissemination of the Schedule 13E-3 to CoolSavings'
stockholders pursuant to Rule 13e-3. After the consummation of the
acquisition of the Shares and the completion of the short-form
merger, Landmark intends, and the purpose of the acquisition of the
Shares and the short form merger is, to cause CoolSavings to file a
Form 15 to deregister the Common Stock under the Securities
Exchange Act of 1934 and cease to be a publicly traded reporting
company. Landmark intends to file the Schedule 13E-3 as soon as
practicable. Following the resolution of any SEC comments, Landmark
intends to mail the Schedule 13E-3 to each stockholder of
CoolSavings. The purchase of the Shares and the short form merger
will not be consummated for at least 20 days following this
mailing. Landmark currently anticipates that the going-private
transaction will be effected in the fourth quarter of 2005.
Landmark does not expect that there would be any significant
changes in CoolSavings management or immediate business strategy.
CoolSavings is joining in this press release with Landmark for the
purpose of disclosing information provided to it by Landmark.
CoolSavings fully expects to continue operations in the ordinary
course of business pending the merger transaction. ABOUT
COOLSAVINGS CoolSavings is a leading interactive marketing services
company for advertisers and publishers. The company provides
superior lead generation, e- mail, coupon and loyalty programs
across its extensive network of company- owned Branded Web
Properties and top partner sites. The company maximizes results
using sophisticated targeting, optimization and predictive modeling
capabilities. Together these services could enable leaders in the
consumer packaged goods, retail and direct marketing industries to
reach more than 48 million registering consumers and potentially
generate more than 75 million consumer responses in 2005, while
delivering valuable content and revenue for the Company's network
partners. ABOUT LANDMARK Landmark is a privately-held media company
with national and international interests in newspapers,
broadcasting, cable programming and electronic publishing,
including The Weather Channel, weather.com and The Virginian-
Pilot. This press release contains forward-looking statements
within the meaning of the Private Securities Litigation Reform Act
of 1995. Known and unknown risks, uncertainties and other factors,
both general and specific to the matters discussed in this press
release, may cause the proposed transactions contemplated hereunder
to differ materially from the expectations expressed in, or implied
by, such forward-looking statements. These risks, uncertainties,
and other factors include, without limitation, the SEC review of
the Schedule 13E-3, the consummation of the transactions
contemplated by the stock purchase agreement with the Selling
Stockholders and other risks associated with the transactions
described herein. For a discussion of other risks, uncertainties
and factors which could cause actual results to differ materially
from those expressed in, or implied by, the forward-looking
statements herein, see "Risk Factors" in the Company's annual
report on Form 10-K for the year ended December 31, 2004, and our
Quarterly Report on Form 10-Q for the quarter ended June 30, 2005,
both as filed with the SEC. CoolSavings undertakes no obligation to
update any of the forward-looking statements after the date of this
press release to conform these statements to actual results or
otherwise reflect new developments or changed circumstances, unless
expressly required by applicable federal securities laws. You
should not place undue reliance on any such forward-looking
statements.
http://www.newscom.com/cgi-bin/prnh/20050203/CGTH021LOGODATASOURCE:
Landmark Communications, Inc. CONTACT: Melissa Lederer,
+1-312-224-5153, , or David B. Arney, +1-312-224-5427, , both of
CoolSavings, Inc.; or Guy R. Friddell, III of Landmark
Communications, Inc., +1-757-446-2660, Web site:
http://www.coolsavings.com/
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