Libbey Receives Tenders and Consents in Tender Offer and Consent Solicitation for Its Floating Rate Senior Secured Notes Due 201
05 Fevereiro 2010 - 10:56PM
PR Newswire (US)
TOLEDO, Ohio, Feb. 5 /PRNewswire-FirstCall/ -- Libbey Inc. (NYSE
Amex: LBY) ("Libbey" or "Company") announced today that its
wholly-owned subsidiary Libbey Glass Inc. ("Libbey Glass"), in
connection with its previously announced tender offer and consent
solicitation (collectively, the "Offer"), had received, as of 5:00
p.m. New York City time, on February 5, 2010 (the "Consent Date"),
tenders and consents from holders of $306 million in aggregate
principal amount, representing 100% of the total outstanding
principal amount, of Libbey Glass's Floating Rate Senior Secured
Notes due 2011 (the "Notes") (CUSIP No. 52989LAC3). Tendered Notes
could have been withdrawn at any time on or prior to 5:00 p.m., New
York City time, on February 5, 2010 (the "Withdrawal Date").
Because the Withdrawal Date has passed, Notes tendered and consents
given may not be validly withdrawn or revoked, other than as
required by applicable law. The tender offer is scheduled to expire
at 11:59 p.m., New York City time, on February 22, 2010, unless
extended by Libbey Glass. Libbey Glass expects to accept for
purchase all Notes validly tendered on February 8, 2010. Libbey
Glass's obligation to accept for purchase and pay the consideration
for validly tendered Notes is subject to, and conditioned upon,
satisfaction or, where applicable, Libbey Glass's waiver of, a
series of related refinancing transactions and certain other
conditions listed in the Statement. Libbey Glass reserves the right
to waive any and all conditions to the Offer. The principal purpose
of the Offer was 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. Libbey Glass 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 Offer 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 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 was made solely pursuant to the
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; or Greg Geswein, VP/Chief Financial Officer,
+1-419-325-2451 Web Site: http://www.libbey.com/
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