Steel Partners II Sends Letter to Bairnco Stockholders Questioning Board of Directors' Past Record
24 Enero 2007 - 7:30AM
PR Newswire (US)
NEW YORK, Jan. 24 /PRNewswire-FirstCall/ -- Steel Partners II, L.P.
("Steel Partners II"), which has commenced a $12.00 per share cash
tender offer for Bairnco Corporation (NYSE: BZ; "Bairnco"),
announced today that it has sent the following letter to
stockholders of Bairnco questioning the board of directors' past
record and calling on stockholders to support Steel Partners II's
consent solicitation to remove the current board members and
replace them with Steel Partners II's nominees in order to allow
the stockholders to decide their company's future for themselves:
STEEL PARTNERS II, L.P. 590 Madison Avenue, 32nd Floor New York,
New York 10022 January 24, 2007 Dear Fellow Stockholder: As you are
aware, BZ Acquisition Corp., a wholly owned subsidiary of Steel
Partners II, L.P., has commenced a tender offer to purchase all the
issued and outstanding shares of common stock of Bairnco
Corporation for $12.00 net per share in cash (the "Offer"). The
board of directors of Bairnco has refused to take the steps
necessary to allow us to consummate the Offer and to allow you to
determine for yourself whether you want to receive the
consideration to be paid pursuant to the Offer. Because we believe
that the current directors of Bairnco are not acting, and will not
act, in your best interests with respect to the Offer, we are
soliciting written consents from Bairnco stockholders to remove
each current member of Bairnco's board of directors and replace
them with five highly qualified individuals who, as dictated by
their fiduciary duties, will take action to allow the stockholders,
the true owners of Bairnco, to decide the Company's future for
themselves. SHOULD YOU TRUST THE CURRENT BOARD OF DIRECTORS WITH
YOUR COMPANY'S FUTURE? WE THINK THE ANSWER IS CLEARLY NO Bairnco's
management has made some bold predictions regarding the future
financial results of the Company for 2007. Do you believe that
Bairnco, led by its current board of directors, will achieve these
projections? If you look at the record, Bairnco's management is no
stranger to making predictions of future success that come up
woefully short. To find unfulfilled expectations of greener
earnings pastures, you need look no further than the two most
recent annual reports that Bairnco sent to its stockholders.
Consider the following statements made by Luke E. Fichthorn, III,
Bairnco's Chairman of the Board and CEO: FICTION: "We expect 2005
to be a year of improved results as compared to 2004." (2004 annual
report) FACT: In 2005, operating profit and diluted earnings per
share from continuing operations were each down over 30%, as
compared to 2004. THE EXCUSE: "[E]xternal events, combined with our
decisions -- some of which were good, some bad, and some late --
led to financial results well below our expectations." (2005 annual
report) WHY WOULD YOU BELIEVE THE BOARD OF DIRECTORS NOW? In
addition to making public statements about the Company's future
financial performance that have not borne fruit, Mr. Fichthorn also
conveniently neglects to tell the whole story about the Company's
financial health. In the Company's press release announcing its
2006 results, Mr. Fichthorn fails to remind you of his statement
from Bairnco's 2005 annual report that the level of growth
represented by the Company's 2006 earnings "will still leave us
below our long term financial objectives." He also doesn't tell you
that, even with the repurchase of a significant number of shares
during the past two years, the Company's diluted earnings per share
for 2006 is still below the Company's 2004 diluted earnings per
share of $0.68. Now, Mr. Fichthorn is predicting earnings per share
growth in the range of approximately 69% to 85% in 2007 even
though, in 2006, the Company did not return to 2004 levels and
Arlon Coated Materials operating profit decreased 48.4% in 2006,
including an operating loss in the fourth quarter of 2006. Based on
its track record, do you believe that Bairnco, led by its current
board of directors, will achieve these lofty projections? The
numbers don't lie -- Bairnco, led by its current board of
directors, earned less and is in a worse financial position -- with
substantially higher debt -- today than in 2004. HAS BAIRNCO BEEN
ABLE TO DELIVER ON THE OPERATIONAL CHANGES IT PROMISED? AGAIN, WE
THINK THE ANSWER IS CLEARLY NO FICTION: "[P]lans have been approved
to open a China manufacturing plant which is expected to be in
production by the end of 2005.... The plant is expected to be
profitable in 2006." (2004 annual report) FACT: The new China plant
"will not be operational until the third quarter 2006." (2005
annual report). In fact, the China facility began only limited
operations in October 2006, and a significant increase in sales and
production is needed to ramp-up this plant from its 2006 fourth
quarter operating loss to the level of profitability projected by
the Company for 2007. FICTION: "The start up inefficiencies and
scrap at the San Antonio plant [into which Bairnco consolidated its
Arlon industrial engineered coated products businesses] should be
materially reduced." (2004 annual report) FACT: "Arlon Coated
Materials' San Antonio facility remained substantially below
expected performance levels during 2005 due to poor production
scheduling, increased scrap, inefficient labor and increased raw
material costs." (2005 annual report) FICTION: Bairnco's goal was
"to move the remaining manufacturing operations in St. Louis to
Kasco's Mexican plant over the first six months of 2005." (2004
annual report) FACT: "The St. Louis plant move to Mexico was
delayed [it was not in full operation until the end of the third
quarter of 2005] and over budget [by nearly double the expected
cost]." (2005 annual report) When it comes to its operational
objectives, Bairnco has clearly over- promised and under-delivered.
WHY WOULD YOU BELIEVE THE BOARD OF DIRECTORS NOW? Other
sophisticated, potential purchasers of Bairnco don't appear to
believe the board of directors. Although Bairnco, with the
assistance of its financial advisor, conducted a nearly three-month
process to explore a variety of possible strategic alternatives,
including the possible sale of the Company, it did not receive a
single offer for the acquisition of the entire company. It also
seems as though Bairnco's management doesn't have the confidence to
stand behind its own financial projections. When we put forth a
proposal providing that a portion of the total transaction
consideration would depend on Bairnco's future financial
performance, it was summarily rejected. In a January 16, 2007
letter to stockholders, Mr. Fichthorn claimed that the board of
directors has successfully enhanced shareholder value "over the
last six months." For a board with over 50 years of combined
experience serving as directors of the Company, we find it curious
that Mr. Fichthorn focused only on the board's questionable
accomplishments during the past six months, which happens to
coincide with the period of time during which our Offer has
remained open and the directors' continued service with Bairnco has
been threatened, while completely overlooking the past missteps we
have recounted above. Ask yourself whether the price impact on
Bairnco's stock is the result of the Company's performance or the
publicly announced interest of Steel Partners II in purchasing the
Company. YOU SHOULD BE ABLE TO DECIDE THE FUTURE OF YOUR COMPANY We
believe that our Offer is fair to all stockholders and affords
stockholders an attractive and certain means of monetizing their
investment, as opposed to the uncertainty offered by the current
board of directors, with its financial crystal ball and selective
memory. The $12.00 per share cash price proposed to be paid in the
Offer represents a premium of 21% to the last reported sales price
per share on June 15, 2006, the day we informed Bairnco of our
Offer. Unfortunately, the current board of directors has decided to
reject and impose roadblocks on our Offer. As a result, we have
been forced to undertake our consent solicitation as a last resort.
We urge all stockholders to CONSENT to all four of our proposals,
which will result in the removal of the current members of
Bairnco's board of directors and their replacement with five highly
qualified individuals who will act to ensure that you, the true
owners of the Company, will have a voice in the future of your
investment. DEMAND VALUE FOR YOUR INVESTMENT -- VOTE THE GOLD
CONSENT CARD TODAY! As a significant and long-term stockholder of
the Company, we are counting on your support to maximize value for
all stockholders. We encourage all stockholders to vote promptly
and to discard any consent revocation materials you may receive
from management. If you return management's white consent card, you
can change your vote by executing the enclosed GOLD consent card.
If you have any questions, or need assistance in voting your GOLD
consent card, please call our consent solicitor, MacKenzie
Partners, Inc., toll-free at (800) 322-2885 or (212) 929-5500 (call
collect). Thank you in advance for your support. Sincerely, /s/
Warren G. Lichtenstein Warren G. Lichtenstein Steel Partners II,
L.P. If you have any questions, require assistance in voting your
GOLD consent card, or need additional copies of Steel Partners II's
consent materials, please call MacKenzie Partners, Inc. at the
phone numbers listed below. MacKenzie Partners, Inc. 105 Madison
Avenue New York, NY 10016 (212) 929-5500 (Call Collect) or
TOLL-FREE (800) 322-2885 Important Information Regarding the Tender
Offer BZ Acquisition Corp., a wholly-owned subsidiary of Steel
Partners II, has commenced a tender offer to purchase all of the
outstanding shares of common stock (and associated preferred stock
purchase rights) of Bairnco at $12.00 per share, net to the seller
in cash, without interest. The offer is currently scheduled to
expire at 5:00 P.M., New York City time, on Monday, January 29,
2007, unless the offer is extended. MacKenzie Partners, Inc. is the
Information Agent for the tender offer and any questions or
requests for the Offer to Purchase and related materials with
respect to the tender offer may be directed to MacKenzie Partners,
Inc. THIS PRESS RELEASE IS FOR INFORMATIONAL PURPOSES ONLY AND IS
NOT AN OFFER TO BUY OR THE SOLICITATION OF AN OFFER TO SELL ANY
SHARES. THE SOLICITATION AND THE OFFER TO BUY BAIRNCO'S COMMON
STOCK IS ONLY BEING MADE PURSUANT TO AN OFFER TO PURCHASE AND
RELATED MATERIALS THAT STEEL PARTNERS II HAS FILED (AND WILL FILE)
WITH THE SECURITIES AND EXCHANGE COMMISSION. STOCKHOLDERS SHOULD
READ THESE MATERIALS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT
INFORMATION, INCLUDING THE TERMS AND CONDITIONS OF THE OFFER.
STOCKHOLDERS MAY OBTAIN THE OFFER TO PURCHASE AND RELATED MATERIALS
WITH RESPECT TO THE TENDER OFFER FREE AT THE SEC'S WEBSITE AT
http://www.sec.gov/ OR FROM STEEL PARTNERS II BY CONTACTING
MACKENZIE PARTNERS, INC. TOLL-FREE AT (800) 322-2885 OR COLLECT AT
(212) 929-5500 OR VIA EMAIL AT . Important Information Regarding
the Consent Solicitation Steel Partners II, together with the other
Participants (as defined below), has filed a definitive consent
solicitation statement (as it may be amended or supplemented, the
"Consent Solicitation Statement") with the Securities and Exchange
Commission (the "SEC") relating to the solicitation of written
consents from Bairnco stockholders. STEEL PARTNERS II STRONGLY
ADVISES ALL STOCKHOLDERS OF BAIRNCO TO READ THE CONSENT
SOLICITATION STATEMENT BECAUSE IT CONTAINS IMPORTANT INFORMATION.
SUCH CONSENT SOLICITATION STATEMENT IS AVAILABLE AT NO CHARGE ON
THE SEC'S WEB SITE AT http://www.sec.gov/. IN ADDITION, THE
PARTICIPANTS IN THE SOLICITATION WILL PROVIDE COPIES OF THE CONSENT
SOLICITATION STATEMENT WITHOUT CHARGE UPON REQUEST. REQUESTS FOR
COPIES SHOULD BE DIRECTED TO THE PARTICIPANTS' CONSENT SOLICITOR,
MACKENZIE PARTNERS, INC., TOLL-FREE AT (800) 322-2885 OR COLLECT AT
(212) 929-5500 OR VIA EMAIL AT . THE PARTICIPANTS IN THE CONSENT
SOLICITATION ARE STEEL PARTNERS II, STEEL PARTNERS, L.L.C., BZ
ACQUISITION CORP., WARREN G. LICHTENSTEIN, HUGH F. CULVERHOUSE,
JOHN J. QUICKE, ANTHONY BERGAMO AND HOWARD M. LEITNER
(COLLECTIVELY, THE "PARTICIPANTS"). STOCKHOLDERS OF BAIRNCO MAY
OBTAIN INFORMATION REGARDING THE PARTICIPANTS' DIRECT OR INDIRECT
INTERESTS, BY SECURITY HOLDINGS OR OTHERWISE, IN BAIRNCO BY
REFERRING TO THE CONSENT SOLICITATION STATEMENT. Any
forward-looking statements contained in this release are made
pursuant to the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995. Forward-looking statements are
inherently subject to a variety of risks and uncertainties that
could cause actual results to differ materially from those
projected. These risks and uncertainties include, among others: the
willingness of Bairnco stockholders to tender their shares in the
tender offer and the number and timing of shares tendered; the
willingness of Bairnco stockholders to deliver written consents in
connection with the consent solicitation; the receipt of third
party consents to the extent required for the acquisition; and
satisfaction of the various closing conditions. Other important
factors that could cause actual results to differ materially are
included but are not limited to those listed in Bairnco's periodic
reports and registration statements filed with the Securities and
Exchange Commission. Steel Partners II undertakes no obligation to
update information contained in this release. DATASOURCE: Steel
Partners II, L.P. CONTACT: Media, Jason Booth and Terry Fahn of
Sitrick And Company, Inc., +1-310-788-2850, for Steel Partners II,
L.P.; or Investors and Analysts, Daniel Sullivan and Bob Sandhu of
Mackenzie Partners, Inc., +1-212-929-5500
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