Libbey Commences Tender Offer and Consent Solicitation for Its Floating Rate Senior Secured Notes Due 2011
25 Janeiro 2010 - 9:45AM
PR Newswire (US)
TOLEDO, Ohio, Jan. 25 /PRNewswire-FirstCall/ -- Libbey Inc. (NYSE
Amex: LBY) ("Libbey" or "Company") announced today that its wholly
owned subsidiary Libbey Glass Inc. ("Libbey Glass") has commenced a
cash tender offer (the "Tender Offer") to purchase any and all of
its outstanding $306.0 million aggregate principal amount of
Floating Rate Senior Secured Notes due 2011 (the "Notes"), plus
accrued and unpaid interest to, but excluding, the applicable
settlement date. In conjunction with the Tender Offer, Libbey Glass
is also soliciting consents (the "Consents") for certain proposed
amendments (the "Proposed Amendments") to the indenture governing
the Notes (the "Indenture") that would eliminate substantially all
of the restrictive covenants and modify certain of the events of
default and other provisions of the Indenture (the "Consent
Solicitation" and, together with the Tender Offer, the "Offer").
The Tender Offer is scheduled to expire at 11:59 p.m., New York
City time, on February 22, 2010, unless extended by the Company
(the "Expiration Date"). The Consent Solicitation will expire at
5:00 p.m., New York City time, on February 5, 2010, unless extended
or earlier terminated by the Company (the "Consent Date"). Tendered
Notes may be withdrawn at any time on or prior to 5:00 p.m., New
York City time, on February 5, 2010 (the "Withdrawal Date"). Other
than as required by applicable law, tendered Notes may not be
withdrawn after the Withdrawal Date. Any Holder who tenders Notes
pursuant to the Tender Offer must also deliver a Consent to the
Proposed Amendments. Holders who validly tender (and do not validly
withdraw) Notes and deliver their Consents at or prior to the
Consent Date will receive total consideration of $1,027.50 per
$1,000 principal amount of Notes (the "Total Consideration"), which
includes an amount of cash equal to $30.00 per $1,000 principal
amount of Notes so tendered and accepted for purchase (the "Early
Tender Premium"). Holders who validly tender Notes after the
Consent Date but at or prior to the Expiration Date will be
eligible to receive the Total Consideration less the Early Tender
Premium (the "Tender Offer Consideration"). Holders who validly
tender and do not validly withdraw their Notes in the Offer will
also be paid accrued and unpaid interest on such Notes from the
last interest payment date to, but not including, the applicable
settlement date, payable on the applicable settlement date. The
table below provides a summary of these payments. Tender Offer
Early Tender Total Consideration(1)(2)(3) Premium(1)
Consideration(1)(3)(4) ----------------------- ------------
---------------------- $997.50 $30.00 $1,027.50 ------- ------
--------- (1) Per $1,000 principal amount of Notes accepted for
purchase. If validly tendered after the Consent Date and at or
prior to the (2) Expiration Date. Does not include accrued and
unpaid interest that will be paid on (3) Notes accepted for
purchase. If validly tendered at or prior to the Consent Date and
not (4) validly withdrawn at or prior to the Withdrawal Date.
Libbey Glass's obligation to accept for purchase and pay the Total
Consideration or Tender Offer Consideration, as applicable, for
validly tendered Notes is subject to, and conditioned upon,
satisfaction or, where applicable, Libbey Glass's waiver of, the
following: -- the tender of at least a majority in principal amount
of the outstanding Notes at or prior to the Consent Date (whereby
Libbey Glass will obtain the Consents from the Holders of at least
a majority in aggregate principal amount of the Notes then
outstanding for the Proposed Amendments); -- the consummation of
the following transactions: -- issuance of at least $400.0 million
aggregate principal amount of senior secured notes of Libbey Glass;
-- the repayment of Libbey Glass's $80.4 million Senior
Subordinated Secured Payment-in-Kind Notes due 2021; -- the entry
by Libbey Glass into a new senior secured credit facility; and --
the payment of related fees and expenses; and -- certain other
conditions listed in the Offer to Purchase and Consent Solicitation
Statement. The Company reserves the right to waive any and all
conditions to the Offer. The Company will not be required to pay
any Early Tender Premium in connection with the Offer unless the
Notes are tendered at or prior to the Consent Date and the Company
shall have accepted the Notes for purchase pursuant to the Tender
Offer. The principal purpose of the Offer is to acquire all
outstanding Notes and to eliminate substantially all of the
restrictive covenants and to modify certain of the events of
default and other provisions in the Indenture. The Company has
engaged Barclays Capital Inc. and BofA Merrill Lynch to act as
Dealer Managers and Solicitation Agents for the Offer and
Bondholder Communications Group, LLC to act as Information and
Tender Agent for the Offer. Questions regarding the terms of the
Tender Offer and Consent Solicitation may be directed to Barclays
Capital Inc. at (800) 438-3242 (toll free) or (212) 528-7581
(collect) or BofA Merrill Lynch at (888) 292-0070 (toll free) or
(980) 388-9217 (collect). Questions regarding procedures for
tendering Notes and delivering Consents or requests for
documentation may be directed to Bondholder Communications Group,
LLC at (888) 385-2663 (toll free) or (212) 809-2663 (collect). This
press release does not constitute an offer to sell or purchase, or
a solicitation of an offer to sell or purchase, or the solicitation
of tenders or consents with respect to, any security. No offer,
solicitation, purchase or sale will be made in any jurisdiction in
which such an offer, solicitation, or sale would be unlawful. The
Offer is being made solely pursuant to the Offer to Purchase and
Consent Solicitation Statement and related documents. Based in
Toledo, Ohio, since 1888, the Company operates glass tableware
manufacturing plants in the United States, Mexico, China, Portugal
and the Netherlands. This press release includes forward-looking
statements as defined in Section 27A of the Securities Act and
Section 21E of the Securities Exchange Act of 1934, as amended.
Such statements only reflect the Company's best assessment at this
time and are indicated by words or phrases such as "goal,"
"expects," " believes," "will," "estimates," "anticipates," or
similar phrases. Investors are cautioned that forward-looking
statements involve risks and uncertainty, that actual results may
differ materially from such statements, and that investors should
not place undue reliance on such statements. These forward-looking
statements may be affected by the risks and uncertainties in the
Company's business. This information is qualified in its entirety
by cautionary statements and risk factor disclosures contained in
the Company's Securities and Exchange Commission filings, including
the Company's report on Form 10-K filed with the Commission on
March 16, 2009. Important factors potentially affecting performance
include but are not limited to increased competition from foreign
suppliers endeavoring to sell glass tableware in the United States
and Mexico; the impact of lower duties for imported products;
global economic conditions and the related impact on consumer
spending levels; major slowdowns in the retail, travel or
entertainment industries in the United States, Canada, Mexico,
Western Europe and Asia, caused by terrorist attacks or otherwise;
significant increases in per-unit costs for natural gas,
electricity, corrugated packaging, and other purchased materials;
higher indebtedness related to the Crisa acquisition; higher
interest rates that increase the Company's borrowing costs or
volatility in the financial markets that could constrain liquidity
and credit availability; protracted work stoppages related to
collective bargaining agreements; increases in expense associated
with higher medical costs, increased pension expense associated
with lower returns on pension investments and increased pension
obligations; devaluations and other major currency fluctuations
relative to the U.S. dollar and the Euro that could reduce the cost
competitiveness of the Company's products compared to foreign
competition; the effect of high inflation in Mexico and exchange
rate changes to the value of the Mexican peso and the earnings and
cash flow of Crisa, expressed under U.S. GAAP; the inability to
achieve savings and profit improvements at targeted levels in the
Company's operations or within the intended time periods; and
whether the Company completes any significant acquisition and
whether such acquisitions can operate profitably. Any
forward-looking statements speak only as of the date of this press
release, and the Company assumes no obligation to update or revise
any forward-looking statement to reflect events or circumstances
arising after the date of this press release. DATASOURCE: Libbey
Inc. CONTACT: Kenneth Boerger, VP-Treasurer, +1-419-325-2279; Greg
Geswein, VP-Chief Financial Officer, +1-419-325-2451 Web Site:
http://www.libbey.com/
Copyright