ISS Recommends Common Shareholders Vote in Favor of Proposals
1 and 2 Discussed Below
Regional Health Properties, Inc. (NYSE American: RHE)
(NYSE American: RHE-PA) (“RHE,” “we” or the “Company”) reminds its
common shareholders to vote at the upcoming special meeting (the
“Special Meeting”) to be held on Monday, July 25, 2022 at 10:00
a.m., Eastern Time, at Sonesta Gwinnett Place Atlanta, located at
1775 Pleasant Hill Road, Duluth, Georgia.
As previously announced, the Company commenced an offer to
exchange (the “Exchange Offer”) any and all of its outstanding
10.875% Series A Cumulative Redeemable Preferred Shares (the
“Series A Preferred Stock”) for newly issued shares of the
Company’s 12.5% Series B Cumulative Redeemable Preferred Shares
(the “Series B Preferred Stock”).
We believe the Exchange Offer and the amendments to the terms of
the Series A Preferred Stock in Proposal 1 discussed below will
have the following benefits for the Company and its common
shareholders, as further described in the Proxy
Statement/Prospectus (as it may be supplemented or amended from
time to time, the “Proxy Statement/Prospectus”) filed with the U.S.
Securities and Exchange Commission (the “SEC”):
- reduce the liquidation preference of the Series A Preferred
Stock;
- better position the Company to raise equity capital for
acquisition opportunities;
- enable the Company to provide capital to underserved
operators;
- reduce the burden of accumulated and unpaid dividends on the
Series A Preferred Stock and defer dividend accumulation;
- enable the Company to preserve cash for strategic initiatives;
and
- enable the Company to repurchase, redeem or otherwise acquire
the Company’s preferred stock on a reasonable timeframe.
The Board of Directors recommends that common shareholders
vote FOR the following proposals:
Proposal 1:
To approve amendments to the
Company’s Amended and Restated Articles of Incorporation to:
(i) amend the terms of the Series A
Preferred Stock, as set forth in the Proxy Statement/Prospectus;
and
(ii) increase the authorized number of
shares of the Company from 60,000,000 to 61,000,000 shares,
consisting of:
(a) 55,000,000 shares of common stock (no
change from the current authorized number of shares of common
stock); and
(b) 6,000,000 shares of preferred stock
(increased from the current authorized number of shares of
preferred stock of 5,000,000 shares).
Proposal 2:
To approve the adjournment of the
Special Meeting, if necessary or appropriate, for the purpose of
soliciting additional votes for the approval of Proposal 1 if there
are not sufficient votes cast at the Special Meeting to approve
Proposal 1.
Institutional Shareholder Services (“ISS”), a leading
independent proxy advisory firm, has recommended that common
shareholders vote FOR the above Proposals 1 and 2.
THE BOARD OF DIRECTORS
URGES YOU TO EXERCISE YOUR RIGHT TO VOTE TODAY
Morrow Sodali LLC is acting as the Information Agent in
connection with the Exchange Offer and as the Proxy Solicitor in
connection with the Special Meeting, and Continental Stock Transfer
& Trust Company, our transfer agent, is acting as the Exchange
Agent in connection with the Exchange Offer.
The complete terms and conditions of the Exchange Offer are set
forth in the Proxy Statement/Prospectus and the related Letter of
Transmittal (as it may be supplemented or amended from time to
time, the “Letter of Transmittal”) that are filed with the SEC
under cover of Schedule TO/13E-3 and were sent to holders of the
existing Series A Preferred Stock and common stock, as applicable.
The Proxy Statement/Prospectus and the notice of the Special
Meeting were mailed to holders of record of Series A Preferred
Stock and holders of record of common stock as of the close of
business on February 24, 2022 beginning on or about February 28,
2022. You may obtain free copies of the Proxy Statement/Prospectus,
the related Letter of Transmittal and all other documents
containing important information about RHE and the Exchange Offer
through the SEC’s website at www.sec.gov or by contacting the
Information Agent and Proxy Solicitor, Morrow Sodali LLC, at (203)
658-9400 for banks and brokers (collect) and (800) 662-5200 for all
other callers (toll free). You will not be charged for any of these
documents that you request.
About Regional Health Properties
Regional Health Properties, Inc. (NYSE American: RHE) (NYSE
American: RHE-PA) is the successor to AdCare Health Systems, Inc.,
and is a self-managed healthcare real estate investment company
that invests primarily in real estate purposed for senior living
and long-term healthcare through facility lease and sub-lease
transactions, and operation of such real estate when required.
The Company currently owns, leases, manages for third parties,
and operates, 24 facilities. The Company: (i) leased 10 skilled
nursing facilities (“SNFs”) (which the Company owns); (ii)
subleased eight SNFs (which the Company leases) to third-party
tenants; (iii) operated one SNF, as of January 1, 2021, previously
subleased (which the Company leases); (iv) leased two assisted
living facilities (which the Company owns) to third-party tenants;
and (v) managed, on behalf of third-party owners, two SNFs and one
independent living facility.
No Offer or Solicitation
This communication is not intended to and shall not constitute
an offer to buy or sell or the solicitation of an offer to buy or
sell any securities, or a solicitation of any vote or approval, nor
shall there be any sale of securities in any jurisdiction in which
such offer, solicitation or sale would be unlawful prior to
registration or qualification under the securities laws of any such
jurisdiction. No offering of securities shall be made, except by
means of a prospectus meeting the requirements of Section 10 of the
U.S. Securities Act of 1933, as amended.
Additional Information about the Exchange Offer and Where to
Find It
In connection with the proposed transaction, RHE filed with the
SEC a registration statement on Form S-4 on June 1, 2021 (as
amended on July 2, 2021, February 11, 2022 and February 22, 2022)
that includes a proxy statement and that also constitutes a
prospectus. The registration statement was declared effective by
the SEC on February 25, 2022 at 9:00 a.m., Eastern Time. RHE filed
the definitive proxy statement/prospectus (as supplemented or
amended) in connection with the proposed transaction with the SEC.
RHE commenced mailing the definitive proxy statement/prospectus to
shareholders on or about February 28, 2022. RHE also filed with the
SEC a joint statement on Schedule TO/13E-3 (as supplemented or
amended, the “Schedule TO/13E-3”) for the proposed transaction. The
definitive proxy statement/prospectus and the Schedule TO/13E-3
will be further supplemented or amended to reflect the changes
described in this press release. RHE intends to file other relevant
documents with the SEC regarding the proposed transaction. This
document is not a substitute for the definitive proxy
statement/prospectus or registration statement or any other
document that RHE may file with the SEC. INVESTORS AND SECURITY
HOLDERS ARE URGED TO READ THE REGISTRATION STATEMENT, THE SCHEDULE
TO/13E-3, THE DEFINITIVE PROXY STATEMENT/PROSPECTUS, AND ANY OTHER
RELEVANT DOCUMENTS THAT MAY BE FILED WITH THE SEC, AS WELL AS ANY
AMENDMENTS OR SUPPLEMENTS TO THOSE DOCUMENTS, CAREFULLY AND IN
THEIR ENTIRETY BECAUSE THEY CONTAIN OR WILL CONTAIN IMPORTANT
INFORMATION ABOUT RHE AND THE PROPOSED TRANSACTION. Investors and
security holders are able to obtain free copies of the registration
statement, the Schedule TO/13E-3 and the definitive proxy
statement/prospectus and all other documents containing important
information about RHE and the proposed transaction, once such
documents are filed with the SEC, including the definitive proxy
statement/prospectus, through the website maintained by the SEC at
www.sec.gov. The proxy
statement/prospectus included in the registration statement and
additional copies of the proxy statement/prospectus will be
available for free from RHE.
Participants in the Solicitation
RHE and certain of its directors and executive officers may be
deemed to be participants in the solicitation of proxies in respect
of the proposed transaction. Information about the directors and
executive officers of RHE, including a description of their direct
or indirect interests, by security holdings or otherwise, is set
forth in RHE’s proxy statement for its 2021 Annual Meeting of
Shareholders, which was filed with the SEC on October 22, 2021, and
RHE’s Annual Report on Form 10-K for the fiscal year ended December
31, 2021, which was filed with the SEC on February 22, 2022.
Investors may obtain additional information regarding the interests
of those persons and other persons who may be deemed participants
in the proposed transaction by reading the definitive proxy
statement/prospectus and other relevant materials to be filed with
the SEC regarding the proposed transaction when such materials
become available. Investors should read the definitive proxy
statement/prospectus carefully before making any voting or
investment decisions. You may obtain free copies of these documents
from RHE using the sources indicated above.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20220715005102/en/
Company Contact Brent Morrison Chief Executive Officer
and President Regional Health Properties, Inc. Tel (678) 368-4402
brent.morrison@regionalhealthproperties.com
Investor Relations Brett Maas Managing Partner Hayden IR
Tel (646) 536-7331 brett@haydenir.com
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