Denver, Colo. (PRWEB) July 03, 2012
Tomkins, LLC and Tomkins, Inc. (referred to jointly as the “Company”), have announced today that holders of a majority in aggregate principal amount of the Company’s 9% Senior Secured Second Lien Notes Due 2018 (the “Notes”), excluding any Notes owned by the Company or any affiliate (the “Requisite Consents”), have consented to amend certain terms of the Notes and the indenture governing the Notes (“Indenture”) to allow the Company to increase its capacity to make restricted payments under the Indenture. Pursuant to the Company’s Offer to Purchase and Consent Solicitation dated June 21, 2012 (the “Statement”), if the Company has received the Requisite Consents, it may terminate the period for withdrawing tenders of Notes or revoking consents authorizing the amendments to the Indenture prior to the previously announced withdrawal deadline of 5:00 p.m., New York City time, on July 5, 2012. As a result, the Company has announced the acceleration of the withdrawal deadline to 5:00 p.m. New York City time, on July 3, 2012. After this time, tenders of Notes may no longer be withdrawn and consents may no longer be revoked. All other terms and conditions of the Company’s tender offer and consent solicitation remain unchanged. For more information regarding the tender offer and consent solicitation, please refer to the Statement.
Citigroup and BofA Merrill Lynch are acting as lead dealer managers for the Tender Offer and as solicitation agents for the Consent Solicitation. For additional information regarding the terms of the Tender Offer and Consent Solicitation, please contact: Citigroup at (800) 558-3745 (toll-free) or (212) 723-6106 (collect) or BofA Merrill Lynch at (888) 292-0070 (toll-free) or (980) 387-3907 (collect). Requests for documents may be directed to Global Bondholder Services Corporation, which is acting as the depositary and information agent for the Tender Offer and Consent Solicitation, at (866) 470-3800 (toll-free).
THIS PRESS RELEASE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NEITHER AN OFFER TO PURCHASE, A SOLICITATION OF AN OFFER TO PURCHASE NOR A SOLICITATION OF CONSENT WITH RESPECT TO THE NOTES OR ANY OTHER SECURITIES. THE TENDER OFFER AND THE CONSENT SOLICITATION ARE BEING MADE SOLELY PURSUANT TO THE STATEMENT AND RELATED LETTER OF TRANSMITTAL AND CONSENT, WHICH SET FORTH THE COMPLETE TERMS OF THE TENDER OFFER AND CONSENT SOLICITATION WHICH HOLDERS OF THE NOTES SHOULD CAREFULLY READ PRIOR TO MAKING ANY DECISION.
THE TENDER OFFER AND THE CONSENT SOLICITATION ARE NOT BEING MADE TO HOLDERS OF NOTES IN ANY JURISDICTION IN WHICH THE MAKING OF OR ACCEPTANCE OF THE TENDER OFFER OR THE CONSENT SOLICITATION WOULD NOT BE IN COMPLIANCE WITH THE LAWS OF SUCH JURISDICTION. THE COMPANY EXPRESSLY RESERVES THE RIGHT, SUBJECT TO APPLICABLE LAW, TO TERMINATE THE TENDER OFFER AND THE CONSENT SOLICITATION. THIS PRESS RELEASE DOES NOT CONSTITUTE A NOTICE OF REDEMPTION OR AN OBLIGATION TO ISSUE A NOTICE OF REDEMPTION IN RESPECT OF THE NOTES.
This press release contains forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. Forward-looking statements are information of a non-historical nature or which relate to future events and are subject to risks and uncertainties. In many cases, you can identify forward-looking statements by terminology such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “believes,” “estimates,” “predicts,” “potential,” or “continue,” or the negative of these terms and other comparable terminology. These statements are only predictions. Actual results could differ materially from those anticipated in these forward-looking statements as a result of a number of factors. The forward-looking statements made in this press release relate only to events as of the date of this release. We undertake no ongoing obligation to update these statements.