International Royalty Corporation's Board of Directors unanimously recommends that shareholders reject Franco-Nevada's unsolicit
December 29 2009 - 6:00AM
PR Newswire (US)
IRC's board of directors believes that the proposed arrangement
with Royal Gold, Inc. is superior to the Franco-Nevada offer and
more attractive to shareholders DENVER, CO, Dec. 29
/PRNewswire-FirstCall/ -- International Royalty Corporation
(NYSE-A:ROY, TSX: IRC) ("IRC") announces that its board of
directors has unanimously recommended that IRC shareholders reject
the unsolicited offer from Franco-Nevada Corporation
("Franco-Nevada") through 7293275 Canada Inc., a wholly-owned
subsidiary (the "Franco-Nevada Offer"). The board of directors'
unanimous recommendation, together with the reasons for its
recommendation, is contained in a directors' circular being filed
today and mailed to IRC shareholders and optionholders. The
directors' circular contains the IRC's board of directors'
recommendation as well as a discussion of its reasons for
recommending that IRC shareholders reject the Franco-Nevada Offer.
The directors' circular also contains a discussion of the terms of
the arrangement agreement entered into between IRC and Royal Gold,
Inc. ("Royal Gold"). As announced on December 18, 2009, pursuant to
the arrangement agreement, Royal Gold would acquire, directly or
indirectly, all of the issued and outstanding IRC common shares in
exchange for, at the election of each shareholder of IRC, C$7.45 in
cash or 0.1385 common shares of Royal Gold (or 0.1385 exchangeable
shares of a Canadian subsidiary of Royal Gold that are exchangeable
for Royal Gold common shares), or a combination thereof, for each
IRC common share, subject to a maximum of US$350 million in cash
and a maximum of 7.75 million Royal Gold common shares and
exchangeable shares in the aggregate and subject to pro-ration of
the number of Royal Gold common shares and exchangeable shares if
IRC shareholders elect to receive more than approximately US$314
million in cash, all as described in greater detail in the material
change report of IRC dated December 24, 2009 and filed on the
System for Electronic Document Analysis and Retrieval at
http://www.sedar.com/ under IRC's profile (the "Royal Gold
Transaction"). IRC shareholders are encouraged to read the
directors' circular in its entirety. A special meeting of
securityholders of IRC is scheduled to be held on Tuesday, February
16, 2010 at which IRC shareholders and optionholders will be asked
to approve the Royal Gold Transaction. IRC will send a detailed
management proxy circular to IRC shareholders and optionholders in
mid-January 2010, which will contain further details concerning the
Royal Gold Transaction. In making its recommendation with respect
to the Franco-Nevada Offer, IRC's board of directors considered
many factors, including the recommendation of a special committee
of directors and a written opinion from IRC's financial advisor,
Scotia Capital Inc. ("Scotia Capital"), which states that, as of
the date of the directors' circular, the consideration offered by
Franco-Nevada pursuant to the Franco-Nevada Offer is inadequate,
from a financial point of view, to IRC shareholders other than
Franco-Nevada and its affiliates. The full text of the inadequacy
opinion is included in the directors' circular. The directors'
circular specifies a number of reasons why the board recommends
that shareholders reject the Franco-Nevada Offer, including the
following: - The board of directors believes that the Royal Gold
Transaction is superior to the Franco-Nevada Offer and more
attractive to IRC shareholders. - The opportunity to receive Royal
Gold shares under the Royal Gold Transaction provides IRC
shareholders with potential benefits not available under the
Franco-Nevada Offer. - IRC shareholders holding an aggregate of
approximately 34% of the IRC common shares on a fully-diluted
basis, including the three largest IRC shareholders and each
director and officer of IRC, have agreed with Royal Gold to vote
their IRC common shares and options in favour of the Royal Gold
Transaction. - IRC's financial advisor, Scotia Capital, has
provided a written opinion that the consideration offered under the
Franco-Nevada Offer is inadequate, from a financial point of view,
to IRC shareholders. - The Franco-Nevada Offer is structured as an
"any and all" offer and is coercive. - The Franco-Nevada Offer is
highly conditional and is not a firm offer. - The conditions of the
Franco-Nevada Offer cannot be satisfied. - The Franco-Nevada Offer
is not a "Permitted Bid" under the IRC shareholder rights plan. To
reject the Franco-Nevada Offer, shareholders do not need to take
any action. Availability of the Directors' Circular The directors'
circular was mailed to all shareholders and optionholders today and
is available on the IRC website at
http://www.internationalroyalty.com/. The directors' circular has
also been filed with securities regulatory authorities in Canada
and the United States. Anyone may obtain a copy of the directors'
circular free of charge under IRC's profile on the System for
Electronic Document Analysis and Retrieval at http://www.sedar.com/
and from the United States Securities and Exchange Commission at
its website at http://www.sec.gov/. For Investor Questions,
Including How to Withdraw Shares from the Franco-Nevada Offer IRC
shareholders who have questions or who may have already tendered
their common shares to the Franco-Nevada Offer and wish to withdraw
them, may do so by contacting your broker or IRC's information
agent, Georgeson, at one of the following numbers: North American
Toll-Free Number: 1-866-725-6575 Banks, Brokers and Collect Calls:
1-212-806-6859 International Royalty Corporation IRC is a global
mineral royalty company. IRC holds 84 royalties including an
effective 2.7% NSR on the Voisey's Bay mine, a sliding scale NSR on
the Chilean portion of the Pascua-Lama project, a 1.5% NSR on the
Las Cruces project and a 1.5% NSR on approximately 3.0 million
acres of gold lands in Western Australia. IRC is senior listed on
the Toronto Stock Exchange (TSX:IRC) as well as the NYSE Amex
(NYSE-A:ROY). On behalf of the Board of Directors, INTERNATIONAL
ROYALTY CORPORATION Douglas B. SilverChairman and CEO Cautionary
Statement Regarding Forward-Looking Statements Some of the
statements contained in this release are forward-looking
statements. In certain cases, forward-looking statements can be
identified by the use of words or phrases such as "plans",
"expects", "anticipates", "is expected", "budget", "scheduled",
"estimates", "forecasts", "intends", or "does not anticipate", or
"believes" or variations of such words and phrases, or state that
certain actions, events or results "may", "could", "would", "might"
or "will" be taken, occur or be achieved. Since forward-looking
statements are not statements of historical fact and address future
events, conditions and expectations, forward-looking statements
inherently involve unknown risks, uncertainties, assumptions and
other factors well beyond IRC's ability to control or predict.
Actual results and developments may differ materially from those
contemplated by such forward-looking statements depending on
certain factors. IRC's forward-looking statements in this release
are based on certain assumptions. Any forward-looking statements
included in this release represent IRC's views as of the date of
this release. While IRC anticipates that subsequent events and
developments may cause IRC's views to change, IRC specifically
disclaims any obligation to update these forward-looking statements
unless required by law. These forward-looking statements should not
be relied upon as representing IRC's views as of any date
subsequent to the date of this release. Accordingly, readers should
not place undue reliance on any forward-looking statements.
DATASOURCE: INTERNATIONAL ROYALTY CORPORATION CONTACT: Jack
Perkins, Director of Investor Relations, (303) 991-9500; Douglas B.
Silver, Chairman and CEO, (303) 799-9020; ;
http://www.internationalroyalty.com/; Renmark Financial
Communications Inc.: Barbara Komorowski, , (514) 939-3989, Fax:
(514)939-3717; http://www.renmarkfinancial.com/
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