Fairmont Announces Commencement Of Proceedings To Resolve Treatment Of Convertible Senior Notes
14 Abril 2006 - 7:34PM
PR Newswire (US)
TORONTO, April 14 /PRNewswire-FirstCall/ -- Fairmont Hotels &
Resorts Inc. ("Fairmont") (TSX/NYSE: FHR) today announced that a
group holding approximately US$145,000,000 of its US$270,000,000
principal amount 3.75% Convertible Senior Notes due 2023 (the
"Notes") plans to oppose Fairmont's proposed plan of arrangement
(the "Arrangement"). The Arrangement, if approved by Fairmont
shareholders and the Ontario Superior Court of Justice, would
result in the acquisition of all of Fairmont's outstanding common
shares by a company ("Purchaser") owned by affiliates of Kingdom
Hotels International and Colony Capital, LLC. The Arrangement is to
be voted upon by Fairmont shareholders on April 18, 2006 and, if
approved by Fairmont shareholders, is scheduled to be considered by
the court on April 20, 2006. The group of Noteholders delivered to
Fairmont today court materials which this group intends to file
with the Ontario Superior Court of Justice in support of its
opposition to the Arrangement. This group alleges that the
Arrangement is not fair to Noteholders. Fairmont believes that the
position of the complaining Noteholders is without merit. The
rights of the Noteholders are fully addressed by the trust
indenture (the "Indenture") under which the Notes were issued and
Fairmont is taking all steps to ensure such rights are observed.
The complaining Noteholders are Greywolf Capital Management L.P.,
Whitebox Advisors, LLC, Tenor Capital Management Co., LP, Lydian
Asset Management and Ramius Capital Group, LLC. Pursuant to the
terms of the Indenture, the Notes will be convertible following the
completion of the Arrangement into the same cash consideration per
share which Fairmont's shareholders will receive under the
Arrangement. Specifically, Fairmont will satisfy any conversion of
the Notes by way of a cash payment in the amount of US$1,192.68 for
each US$1,000 principal amount of Notes converted (calculated by
multiplying 26.5041 common shares by US$45.00, which is the per
share consideration payable pursuant to the Arrangement). The
objecting Noteholders assert that, notwithstanding the specific
terms of the Indenture, all Noteholders are entitled to an
additional amount due to loss of the right to convert the Notes
into shares for the remainder of the period during which the Notes
remain outstanding. Fairmont has reminded this group of Noteholders
that the Purchaser has made a separate offer to purchase all of the
Notes at a price of US$1,192.68 for each US$1,000 principal amount
of Notes, plus interest. This offer provides Noteholders with the
opportunity to receive consideration for their Notes calculated on
the same basis as the US$45.00 per share consideration to be
received by Fairmont shareholders under the Arrangement. Although
Fairmont believes that the position of the Noteholders is without
merit, as the Arrangement must be approved by the court, if the
opposition of this group of Noteholders were successful, no
assurance could be given as to whether the closing of the
Arrangement would occur or as to the timing thereof. The April 18,
2006 special meeting of Fairmont shareholders will be held as
scheduled and Fairmont intends to proceed with the court hearing on
April 20, 2006 to seek final approval of the Arrangement, which
would include disposing of these complaints. This press release
contains only a summary of certain provisions of the Notes and the
Indenture governing the Notes. A complete explanation of the
conversion rights of holders of the Notes, as well as the
procedures required to convert Notes, is set forth in the
Indenture. All Noteholders are urged to review the conversion
provisions contained in the Notes and the Indenture in their
entirety. About Fairmont Hotels & Resorts Inc. Fairmont is a
leading owner/operator of luxury hotels and resorts. Fairmont's
managed portfolio consists of 87 luxury and first-class properties
with approximately 33,500 guestrooms in the United States, Canada,
Mexico, Bermuda, Barbados, United Kingdom, Monaco, Kenya and the
United Arab Emirates as well as two vacation ownership properties
managed by Fairmont Heritage Place. Fairmont owns Fairmont Hotels
Inc., North America's largest luxury hotel management company, as
measured by rooms under management, with 49 distinctive city center
and resort hotels including The Fairmont San Francisco, The
Fairmont Banff Springs and The Fairmont Scottsdale Princess.
Fairmont also owns Delta Hotels, Canada's largest first-class hotel
management company, which manages and franchises 38 city center and
resort properties in Canada. In addition to hotel management,
Fairmont holds real estate interests in 21 properties and an
approximate 24% investment interest in Legacy Hotels Real Estate
Investment Trust, which owns 24 properties. Fairmont owns FHP
Management Company LLC, a private residence club management company
that operates Fairmont Heritage Place, a vacation ownership
business. DATASOURCE: Fairmont Hotels & Resorts Inc. CONTACT:
Emma Thompson, Executive Director Investor Relations, Tel:
1-866-627-0642, Email: , Website: http://www.fairmont.com/
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