Finance of America Companies Inc. (“Finance of America” or the
“Company”) (NYSE: FOA), a leading provider of home equity-based
financing solutions for a modern retirement, today announced the
commencement by its subsidiary Finance of America Funding LLC (“FOA
Funding”) of (i) an exchange offer (the “Exchange Offer”) for any
and all of FOA Funding’s outstanding 7.875% Senior Notes due 2025
(the “2025 Unsecured Notes”) for (a) up to $200.0 million aggregate
principal amount of 7.875% Senior Secured Notes due 2026 (the “New
Senior Secured Notes”), (b) up to $150.0 million aggregate
principal amount of 10.000% Exchangeable Senior Secured Notes due
2029 (the “New Exchangeable Notes” and, together with the New
Senior Secured Notes, the “New Secured Notes”) and (c) a cash fee
equal to 0.25% of the aggregate principal amount of outstanding
2025 Unsecured Notes that are exchanged in the Exchange Offer; and
(ii) a consent solicitation (the “Consent Solicitation”) to holders
of the 2025 Unsecured Notes in connection with the Exchange
Offer.
Holders representing at least 94% of the aggregate outstanding
principal amount of the 2025 Unsecured Notes have agreed pursuant
to the terms of an exchange offer support agreement dated June 24,
2024 (as amended on September 17, 2024), or otherwise communicated
their intent to participate in the Exchange Offer and deliver their
consents in the Consent Solicitation. Simpson Thacher &
Bartlett LLP served as counsel and Houlihan Lokey Capital, Inc.
served as financial advisor to the Company and its subsidiaries.
Sidley Austin LLP served as counsel to the ad hoc group of holders
of 2025 Unsecured Notes.
About the Exchange Offer
Subject to the terms and conditions of the Exchange Offer and
the Consent Solicitation, eligible holders of 2025 Unsecured Notes
will receive (i) for each $1,000 principal amount of 2025 Unsecured
Notes validly tendered at or prior to the Expiration Time (as
defined below) and accepted for exchange in the Exchange Offer,
$1,000.00 principal amount of New Secured Notes, consisting of New
Senior Secured Notes and New Exchangeable Notes in such amounts set
forth in the table below and (ii) cash consideration equal to $2.50
per $1,000 principal amount of outstanding 2025 Unsecured Notes
tendered.
The following table sets forth the total consideration per
$1,000 principal amount of 2025 Unsecured Notes validly tendered
and accepted for exchange in the Exchange Offer:
Consideration (which includes
consideration for accompanying consents delivered pursuant to the
Consent Solicitation)
Title of 2025 Unsecured
Exchange Notes
CUSIP Number(1)
Aggregate Principal Amount
Outstanding
Principal Amount of New Senior
Secured Notes Received by Exchanging Holder, per $1,000 (2)
Principal Amount of New
Exchangeable Notes Received by Exchanging Holder, per $1,000
(2)
Cash Consideration Received by
Exchanging Holder, per $1,000(2)
7.875% Senior Notes due 2025
317386 AA8/ U30385 AA3 / 317386
AB6
$350,000,000
$571.43
$428.57
$2.50
_______________
(1)
No representation is made as to the
correctness or accuracy of the CUSIP numbers listed here. CUSIPs
are provided solely for convenience.
(2)
Consideration in the form of principal
amount of the New Secured Notes per $1,000 principal amount of 2025
Unsecured Notes that are validly tendered and accepted for exchange
and the consents delivered pursuant to the Consent Solicitation,
subject to any rounding principles as described in the Exchange
Offer Memorandum and rounded to the nearest tenth for purposes of
this presentation, plus cash consideration equal to $2.50 per
$1,000 principal amount of outstanding 2025 Unsecured Notes
tendered.
The Exchange Offer and the Consent Solicitation will expire at
5:00 p.m., New York City time, on October 25, 2024, unless extended
by FOA Funding in its sole discretion (the “Expiration Time”). FOA
Funding will exchange any 2025 Unsecured Notes pursuant to the
Exchange Offer that have been validly tendered at or prior to the
Expiration Time and that are accepted for exchange, subject to all
conditions to the Exchange Offer and the Consent Solicitation
having been either satisfied or waived by FOA Funding, within five
business days following the Expiration Time or as promptly as
practicable thereafter (the “Settlement Date”). There are no
withdrawal or revocation rights in connection with the Exchange
Offer and Consent Solicitation.
FOA Funding will not receive any cash proceeds from the issuance
of the New Secured Notes in exchange for the 2025 Unsecured Notes.
The 2025 Unsecured Notes that are validly tendered and accepted for
exchange in the Exchange Offer will be retired and cancelled.
The Exchange Offer and the Consent Solicitation are conditioned
upon the satisfaction or waiver of the conditions set forth in the
Exchange Offer Memorandum and Consent Solicitation Statement dated
September 17, 2024 (the “Exchange Offer Memorandum”). Such
conditions include, among other things, receipt of the Requisite
Consents (as defined in the Exchange Offer Memorandum). FOA Funding
reserves the right, in its sole discretion, subject to applicable
law, (i) to waive any and all conditions of the Exchange Offer or
the Consent Solicitation at or prior to the Expiration Time with
respect to the Exchange Offer or the Consent Solicitation and (ii)
to individually amend, extend, terminate or withdraw each of the
Exchange Offer and the Consent Solicitation, subject to certain
conditions, at any time and without amending, extending,
terminating or withdrawing the other.
FOA Funding is making the Exchange Offer and the Consent
Solicitation only to eligible holders of the 2025 Unsecured Notes
through, and pursuant to, the terms of the Exchange Offer
Memorandum. None of FOA Funding, the trustee of the 2025 Unsecured
Notes, the trustee with respect to the New Secured Notes, the
Exchange Agent and Information Agent (each as defined below) or any
affiliate of any of them, makes any recommendation as to whether
eligible holders of 2025 Unsecured Notes should exchange their 2025
Unsecured Notes for New Secured Notes and deliver consents in the
Consent Solicitation, and no one has been authorized by any of them
to make such a recommendation. Eligible holders of 2025 Unsecured
Notes should read carefully the Exchange Offer Memorandum before
making a decision to participate in the Exchange Offer and the
Consent Solicitation. In addition, eligible holders of 2025
Unsecured Notes must make their own decisions as to whether to
tender their 2025 Unsecured Notes in the Exchange Offer and provide
the consent in the related Consent Solicitation.
Only eligible holders of 2025 Unsecured Notes may receive a copy
of the Exchange Offer Memorandum and participate in the Exchange
Offer and the Consent Solicitation. The Exchange and Information
Agent is Kroll Issuer Services (US) (“Kroll” or the “Exchange
Agent” and the “Information Agent”). Detailed instructions
regarding how eligible holders of 2025 Unsecured Notes can tender
existing 2025 Unsecured Notes and deliver consents with respect to
the Consent Solicitation are set forth in the Exchange Offer
Memorandum. Questions concerning the Exchange Offer or Consent
Solicitation or requests for additional copies of the Exchange
Offer Memorandum or other related documents may be directed to
Kroll at FinanceofAmerFDGExchange@is.kroll.com. Eligible holders of
2025 Unsecured Notes should also consult their broker, dealer,
commercial bank, trust company or other institution for assistance
concerning the Exchange Offer and the Consent Solicitation.
This communication is for informational purposes only and does
not constitute an offer to sell, or a solicitation of an offer to
buy, any security and does not constitute an offer, solicitation or
sale of any security in any jurisdiction in which such offer,
solicitation or sale would be unlawful.
The Exchange Offer is being made, and the New Secured Notes are
being offered and issued, pursuant to an exemption from the
registration requirements of the Securities Act of 1933, as amended
(the “Securities Act”), only to (i) in the United States to holders
of 2025 Unsecured Notes who are “qualified institutional buyers”
(as defined in Rule 144A under the Securities Act) and (ii) outside
the United States to holders of 2025 Unsecured Notes who are
persons other than U.S. persons. The holders of 2025 Unsecured
Notes who have certified to us that they are eligible to
participate in the Exchange Offer are referred to as “eligible
holders.”
About Finance of America
Finance of America (NYSE: FOA) is a leading provider of home
equity-based financing solutions for a modern retirement. In
addition, Finance of America offers capital markets and portfolio
management capabilities primarily to optimize the distribution of
its originated loans to investors. Finance of America is
headquartered in Plano, Texas.
Forward-Looking Statements
This release contains forward-looking statements within the
meaning of the “safe harbor” provisions of the U.S. Private
Securities Litigation Reform Act of 1995. Forward-looking
statements are not historical facts or statements of current
conditions, but instead represent only the Company’s beliefs
regarding future events, many of which, by their nature, are
inherently uncertain and outside of the Company’s control. These
statements include, but are not limited to, statements related to
the transactions described above, including the Company’s ability
to complete the transactions described above on commercially
acceptable terms, on the timeline contemplated or at all, and the
Company’s ability to realize the intended benefits of the
transactions described above. In some cases, you can identify these
forward-looking statements by the use of words such as “outlook,”
“believes,” “expects,” “potential,” “continues,” “may,” “will,”
“should,” “could,” “seeks,” “projects,” “predicts,” “intends,”
“plans,” “estimates,” “budgets,” “forecasts,” “anticipates,” or the
negative version of these words or other comparable words. The
Company cautions readers not to place undue reliance upon any
forward-looking statements, which are current only as of the date
of this release. The Company does not undertake or accept any
obligation or undertaking to release publicly any updates or
revisions to any forward-looking statements to reflect any change
in its expectations or any change in events, conditions, or
circumstances on which any such statement is based, except as
required by law. All subsequent written and oral forward-looking
statements concerning the Company or other matters and attributable
to the Company or any person acting on its behalf are expressly
qualified in their entirety by the cautionary statements set forth
in this paragraph. A number of important factors exist that could
cause future results to differ materially from historical
performance and these forward-looking statements. New factors
emerge from time to time, and it is not possible for the Company’s
management to predict all such factors or to assess the effect of
each such new factor on its business. Although the Company believes
that the assumptions underlying the forward-looking statements
contained herein are reasonable, any of the assumptions could be
inaccurate, and any of these statements included herein may prove
to be inaccurate. Given the significant uncertainties inherent in
the forward-looking statements included herein, the inclusion of
such information should not be regarded as a representation by the
Company or any other person that the results or conditions
described in such statements, or the Company’s objectives and plans
will be achieved. Please refer to “Risk Factors” included in the
Company’s Annual Report on Form 10-K for the year ended December
31, 2023, filed with the Securities and Exchange Commission (the
“SEC”) on March 15, 2024, for further information on these and
other risk factors affecting the Company, as such factors may be
amended and updated from time to time in the Company’s subsequent
periodic filings with the SEC, which are accessible on the SEC’s
website at www.sec.gov.
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version on businesswire.com: https://www.businesswire.com/news/home/20240916243296/en/
For Finance of America Media: pr@financeofamerica.com For
Finance of America Investor Relations: ir@financeofamerica.com
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