Tommy Hilfiger U.S.A., Inc. Announces Actions on Debt Tender Offers
10 Maio 2006 - 8:54AM
PR Newswire (US)
- Tender Offer for 6.85% Notes Due 2008 Expires NEW YORK, May 10
/PRNewswire-FirstCall/ -- Tommy Hilfiger U.S.A., Inc. (the
"Company"), a wholly owned subsidiary of Tommy Hilfiger Corporation
(NYSE: TOM), announced today several actions relating to its
previously announced tender offers and consent solicitations for
its outstanding 6.85% Notes due 2008 (the "2008 Notes") and the 9%
Senior Bonds due 2031 (the "2031 Senior Bonds"). These actions will
satisfy the condition relating to the Company's debt in connection
with the merger of Tommy Hilfiger Corporation with an affiliate of
funds advised by Apax Partners, a leading global private equity
firm (the "Merger"), which is expected to be completed later today,
First, the Company's cash tender offer and consent solicitation
(the "2008 Notes Offer") for the 2008 Notes expired at 5:00 p.m.,
New York City time, on May 9, 2006 (the "Expiration Time"). As
previously announced on April 27, 2006, the Company received
tenders and consents from a majority in principal amount of its
2008 Notes in connection with the 2008 Notes Offer. A supplemental
indenture to the indenture governing the 2008 Notes was executed on
May 1, 2006. The Company currently expects to make prompt payment
for 2008 Notes validly tendered prior to the Expiration Time and
not properly withdrawn at or prior to 5:00 p.m., New York City
time, on April 20, 2006. Consummation of the 2008 Notes Offer is
subject to certain conditions, including, but not limited to, the
satisfaction of all conditions to the completion of the Merger.
Second, the Company has extended the Consent Deadline and
Expiration Time (as such terms are defined in the Offer to Purchase
and Consent Solicitation Statement, dated April 7, 2006, as amended
by the Company's press releases issued on April 21, 2006 and May 8,
2006 (the "2031 Senior Bonds Statement")) with respect to the
tender offer and consent solicitation for the 2031 Senior Bonds
(the "2031 Senior Bonds Offer"). The new Consent Deadline and
Expiration Time are each 5:00 p.m., New York City time, on
Thursday, May 18, 2006, unless otherwise extended or terminated by
the Company. The withdrawal deadline for the 2031 Senior Bonds
Offer expired at 5:00 p.m., New York City time, on April 20, 2006.
Accordingly, holders may no longer withdraw any 2031 Senior Bonds
previously or hereafter delivered or revoke any consents previously
or hereafter delivered, except in the limited circumstances
described in the 2031 Senior Bonds Statement. The Company further
announced that it intends to effect later today a covenant
defeasance of all of its outstanding 2031 Senior Bonds under
Section 1010 of the indenture relating to the 2031 Senior Bonds
(the "Indenture"). Pursuant to the covenant defeasance, the Company
will deposit U.S. government obligations and cash in an irrevocable
trust with the Wilmington Trust Company, as trustee, in an amount
sufficient to provide for the redemption of the 2031 Senior Notes
on December 4, 2006, according to their terms at 100% of their
principal amount, plus accrued and unpaid interest up to but not
including the date of redemption. When effective, the covenant
defeasance will remove certain of the restrictive covenants in the
Indenture, including those relating to the limitations on the
Company's liens and indebtedness. In connection with the covenant
defeasance, the Company has authorized the redemption on December
4, 2006 of all 2031 Senior Bonds not purchased in the 2031 Senior
Bonds Offer. As of the Expiration Time, the Company had received
tenders in the following amounts: Percentage of Principal Amount
Outstanding Title of Security CUSIP Number Tendered Principal
Amount 6.85% Notes due 2008 430908AB9 $178,058,000 92.51% 9% Senior
Bonds due 430908202 $71,254,100 47.50% 2031 This announcement is
not an offer to purchase, a solicitation of an offer to purchase or
sell or a solicitation of consents with respect to any securities.
The 2031 Senior Bonds Offer is being made solely on the terms and
subject to the conditions set forth in the 2031 Senior Bonds
Statement. None of the Company, Tommy Hilfiger Corporation,
Citigroup Corporate and Investment Banking, Global Bondholder
Services Corporation or any of their respective affiliates makes
any recommendation in connection with the 2031 Senior Bonds Offer.
Each holder must make his or her own decision as to whether to
tender 2031 Senior Bonds and thereby deliver consents to the
proposed amendments and, if so, as to how many 2031 Senior Bonds to
tender. In those jurisdictions where the securities, blue sky or
other laws require tender offers and consent solicitations to be
made by a licensed broker or dealer, the 2031 Senior Bonds Offer
shall be deemed to be made on behalf of the Company by Citigroup
Corporate and Investment Banking or one or more registered brokers
or dealers licensed under the laws of such jurisdiction. In the
United Kingdom, this announcement is directed only to persons who
(i) are persons falling within Article 19(5) ("Investment
professionals") of the Financial Services and Markets Act 2000
(Financial Promotion) Order 2005 (as amended, the "Financial
Promotion Order"), (ii) are persons falling within Article 49(2)(a)
to (d) ("High net worth companies, unincorporated associations,
etc.") of the Financial Promotion Order, (iii) are outside the
United Kingdom, (iv) are persons falling within Article 43(1)(b) of
the Financial Promotion Order ("Members and creditors of certain
bodies corporate"), or (v) are persons to whom an invitation or
inducement to engage in investment activity (within the meaning of
section 21 of the Financial Services and Markets Act 2000) in
connection with the issue or sale of any Securities may otherwise
lawfully be communicated or caused to be communicated (all such
persons together being referred to as "relevant persons"). The
offering documents are directed only at relevant persons and must
not be acted on or relied on by persons who are not relevant
persons. Any investment or investment activity to which the
offering documents relates is available only to relevant persons
and will be engaged in only with relevant persons. Tommy Hilfiger
U.S.A., Inc., incorporated in Delaware, is a direct wholly owned
subsidiary of Tommy Hilfiger Corporation. Tommy Hilfiger
Corporation, through its subsidiaries, designs, sources and markets
men's and women's sportswear, jeanswear and childrenswear. Tommy
Hilfiger Corporation's brands include Tommy Hilfiger and Karl
Lagerfeld. Through a range of strategic licensing agreements, Tommy
Hilfiger Corporation also offers a broad array of related apparel,
accessories, footwear, fragrance, and home furnishings. Tommy
Hilfiger Corporation's products can be found in leading department
and specialty stores throughout the United States, Canada, Europe,
Mexico, Central and South America, Japan, Hong Kong, Australia and
other countries in the Far East, as well as the Tommy Hilfiger
Corporation's own network of outlet and specialty stores in the
United States, Canada and Europe. Safe Harbor Statement Statements
made by the Company and Tommy Hilfiger Corporation that are not
historical are forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995, Section 27A of
the Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended. Such statements are
indicated by words or phrases such as "anticipate," "estimate,"
"project," "expect," "believe" and similar words or phrases. Such
statements are based on current expectations and are subject to
certain risks and uncertainties, many of which are beyond our
control including, but not limited to, the overall level of
consumer spending on apparel; the financial strength of the retail
industry generally and Tommy Hilfiger Corporation's customers,
distributors, and licensees in particular; changes in trends in the
market segments and geographic areas in which Tommy Hilfiger
Corporation competes; the level of demand for Tommy Hilfiger
Corporation products; actions by our major customers or existing or
new competitors; the effect of Tommy Hilfiger Corporation's
strategy to reduce U.S. distribution in order to bring supply and
demand into balance; changes in currency and interest rates;
changes in applicable tax laws, regulations and treaties; changes
in economic or political conditions or trade regulations in the
markets where Tommy Hilfiger Corporation sells or sources its
products; the effects of any consolidation of Tommy Hilfiger
Corporation's facilities and actions to reduce selling, general and
administrative expenses; the ability to satisfy closing conditions
in connection with Tommy Hilfiger Corporation's merger agreement;
the outcome of the class action lawsuits against Tommy Hilfiger
Corporation and Tommy Hilfiger Corporation's discussions with the
Hong Kong Inland Revenue Department and other tax authorities and
the financial statement impact of such matters; as well as other
risks and uncertainties set forth in Tommy Hilfiger Corporation's
publicly-filed documents, including this press release and Tommy
Hilfiger Corporation's Annual Report on Form 10-K for the fiscal
year ended March 31, 2005. Should one or more of these risks or
uncertainties materialize, or should underlying assumptions prove
incorrect, actual results may vary materially from those
anticipated, estimated or projected. Tommy Hilfiger Corporation
disclaims any intention or obligation to update or revise any
forward-looking statements, whether as a result of new information,
future events or otherwise. CONTACT: Investor Relations: Public
Relations: Valerie Martinez Kekst & Company: (212) 549-6780
Ruth Pachman/Wendi Kopsick (212) 521-4891/4867 BONDHOLDERS CONTACT:
For the Dealer Manager: For the Information Agent: Citigroup
Corporate and Global Bondholder Services Investment Banking
Corporation (212) 723-6106 (collect) (212) 430-3774 (collect) (800)
558-3745 (toll-free) (866) 389-1500 (toll-free) DATASOURCE: Tommy
Hilfiger U.S.A., Inc. CONTACT: Investor Relations: Valerie
Martinez, +1-212-549-6780, or Public Relations: Ruth Pachman/Wendi
Kopsick, both of Kekst & Company, +1-212-521-4891/4867; or For
the Dealer Manager: Citigroup Corporate and Investment Banking,
+1-212-723-6106 (collect), 1-800-558-3745 (toll-free); or For the
Information Agent: Global Bondholder Services Corporation,
+1-212-430-3774 (collect), +1-866-389-1500 (toll-free) Web site:
http://www.tommy.com/
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