Severstal Announces Waiver of Essar Agreement Termination Condition to the Tender Offer for Esmark Shares
05 Junio 2008 - 8:11AM
PR Newswire (US)
MOSCOW, June 5 /PRNewswire-FirstCall/ -- OAO Severstal (LSE: SVST;
RTS: CHMF), one of the world's leading metals and mining companies,
today announced that it is waiving the Essar agreement termination
condition to its previously announced tender offer to acquire all
of the outstanding shares of common stock of Esmark Incorporated
(NSDQ: ESMK), a manufacturer and distributor of flat rolled and
other steel products. It had been a condition to the tender offer
that Esmark validly terminate the Memorandum of Agreement, dated
April 30, 2008, between Esmark and Essar Steel Holdings Limited
and, if entered into prior to the expiration of the tender offer,
the Agreement and Plan of Merger between Esmark and Essar Steel
contemplated by the Memorandum of Agreement. On May 30, 2008,
Severstal commenced the all cash $17.00 per share tender offer to
acquire Esmark shares. All other terms and conditions of the tender
offer remain the same, as set forth in the Offer to Purchase filed
with the United States Securities and Exchange Commission on May
30, 2008. Severstal's tender offer is scheduled to expire at 12:00
midnight, Eastern Daylight Time, on June 26, 2008, unless extended.
Following completion of the tender offer, subject to the terms and
conditions set forth in the Offer to Purchase, as amended,
Severstal intends to consummate a second-step merger where all
remaining Esmark stockholders will receive the same cash price paid
in the tender offer, subject to any available appraisal rights
under Delaware law. The tender offer is not conditioned on
financing. Merrill Lynch is the Dealer Manager and Citibank, N.A.
is the Depositary for the tender offer. Questions and requests for
documentation in connection with the tender offer may be directed
to MacKenzie Partners, Inc., the Information Agent for the tender
offer, at (800) 322.2885 (toll-free) or (212) 929.5500 (collect).
About Severstal: OAO Severstal is an international metals and
mining company with a listing on the Russian Trading System and the
London Stock Exchange. Incorporated in 1993, the company focuses on
high value added and unique niche products and has a successful
track record of acquiring and integrating high-quality assets in
North America and Europe. Severstal owns mining assets in Russia,
thus securing its supplies of raw materials. In 2007, Severstal
produced 17.5 million tons of steel. Revenues were $15.2 billion
and EBITDA was $3.7 billion. EPS was $1.92. Forward Looking
Statements: This press release may contain projections and other
forward-looking statements regarding future events or the future
financial performance of OAO Severstal (Severstal). Forward looking
statements are identified by terms such as "expect," "believe,"
"anticipate," "estimate," "intend," "will," "could," "may" or
"might", the negative of such terms, or other similar expressions.
Severstal wishes to caution you that these statements are only
predictions and that actual events or results may differ
materially. Severstal does not intend to update these statements to
reflect events and circumstances occurring after the date hereof or
to reflect the occurrence of unanticipated events. Factors that
could cause the actual results to differ materially from those
contained in projections or forward-looking statements of Severstal
may include, among others, general economic conditions in the
markets in which Severstal operates, the competitive environment
in, and risks associated with operating in, such markets, market
change in the steel and mining industries, as well as many other
risks affecting Severstal and its operations. Additional
Information and Where to Find it THIS PRESS RELEASE IS FOR
INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER TO
PURCHASE OR A SOLICITATION OF AN OFFER FOR ESMARK'S COMMON STOCK.
THE TENDER OFFER IS BEING MADE PURSUANT TO A TENDER OFFER STATEMENT
ON SCHEDULE TO (INCLUDING THE OFFER TO PURCHASE, LETTER OF
TRANSMITTAL AND OTHER RELATED TENDER OFFER MATERIALS) FILED BY
SEVERSTAL WITH THE SECURITIES AND EXCHANGE COMMISSION (SEC) ON MAY
30, 2008. THESE MATERIALS, AS THEY MAY BE AMENDED FROM TIME TO
TIME, CONTAIN IMPORTANT INFORMATION, INCLUDING THE TERMS AND
CONDITIONS OF THE OFFER, THAT SHOULD BE READ CAREFULLY BEFORE ANY
DECISION IS MADE WITH RESPECT TO THE TENDER OFFER. INVESTORS AND
STOCKHOLDERS CAN OBTAIN A FREE COPY OF THESE MATERIALS AND OTHER
DOCUMENTS FILED BY SEVERSTAL WITH THE SEC AT THE WEBSITE MAINTAINED
BY THE SEC AT WWW.SEC.GOV. THE TENDER OFFER MATERIALS MAY ALSO BE
OBTAINED FOR FREE BY CONTACTING THE INFORMATION AGENT FOR THE
TENDER OFFER, MACKENZIE PARTNERS, INC. (800) 322.2885 (TOLL.FREE)
OR (212) 929.5500 (COLLECT). Severstal Dmitry Druzhinin, Investor
Relations Olga Antonova, Public Relations +7 495 540 7766 Taylor
Rafferty Michael Henson +1 212-889-4350 (o) +1 917-902-0767 (m)
John Dudzinsky +1 212-889-4350 (o) +1 646-715-2980 (m) DATASOURCE:
OAO Severstal CONTACT: Dmitry Druzhinin, Investor Relations, or
Olga Antonova, Public Relations, both for Severstal, +7 495 540
7766; Michael Henson, +1-212-889-4350 (o), +1-917-902-0767 (m), or
John Dudzinsky, +1-212-889-4350 (o), +1-646-715-2980 (m), both of
Taylor Rafferty, for OAO Severstal
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