FirstEnergy Announces a Cash Tender Offer for up to $725,000,000 of Its 6.45% Notes, Series B, Due 2011
August 04 2009 - 9:01AM
PR Newswire (US)
AKRON, Ohio, Aug. 4 /PRNewswire-FirstCall/ -- FirstEnergy Corp.
(NYSE:FE) today announced the commencement of a cash tender offer
for up to $725,000,000 in aggregate principal amount of its
outstanding 6.45% Notes, Series B, Due 2011. If consummated, the
tender offer will be funded with cash on hand or borrowings under
FirstEnergy's $2.75 billion revolving credit facility. The purpose
of the tender offer is to reduce FirstEnergy's debt and interest
expense. The tender offer is being made pursuant to the Offer to
Purchase dated August 4, 2009, and related Letter of Transmittal,
dated August 4, 2009, which set forth a more detailed description
of the tender offer. The tender offer will expire at 11:59 p.m. New
York City Time, on August 31, 2009, unless extended or earlier
terminated. The following table summarizes the pricing terms for
the tender offer: Security Principal Tender Tender Early Total
Description Amount Cap Offer Tender Consider- Outstanding Consider-
Payment ation ation (1) (1)(2) (1) 6.45% Notes, $1,450,000,000
$725,000,000 $1,062.50 $30.00 $1,092.50 Series B, Due 2011 (CUSIP
No. 337932AB3) (1) Per $1,000 principal amount of notes accepted
for purchase. (2) The total consideration includes the early tender
payment and is payable only in respect of notes validly tendered
(and not validly withdrawn) at or prior to 5:00 p.m. New York City
Time, on August 17, 2009, the early tender deadline, and accepted
for payment. Holders must tender their notes by 5:00 p.m. New York
City Time, on August 17, 2009, unless extended, to be eligible to
receive the total consideration of $1,092.50. Holders who tender
their notes after such time and at or prior to the expiration time
will be eligible to receive the tender offer consideration of
$1,062.50, which is the total consideration less the early tender
payment. Payments for notes purchased also will include accrued
interest from the last interest payment date up to, but excluding,
the settlement date. FirstEnergy's obligation to accept for
purchase, and to pay the tender offer consideration or the total
consideration, as outlined in the table above, as applicable, and
the accrued interest on notes validly tendered pursuant to the
tender offer is conditioned upon satisfaction or waiver of certain
conditions. These include FirstEnergy Solutions Corp., a subsidiary
of FirstEnergy, obtaining sufficient proceeds from an offering of
debt securities to enable FirstEnergy to consummate the tender
offer. The tender offer is not conditioned upon any minimum
principal amount of the notes being tendered. Tendered notes may be
withdrawn at any time prior to 5:00 p.m. New York City Time, on
August 17, 2009, subject to certain conditions. The settlement date
is expected to be one business day following the expiration of the
offer. FirstEnergy has retained Morgan Stanley & Co.
Incorporated, Credit Suisse Securities (USA) LLC and RBS Securities
Inc. to serve as Dealer Managers for the tender offer. D. F. King
& Co., Inc. has been retained to serve as the Information Agent
and the Tender Agent for the tender offer. For additional
information regarding the terms of the tender offer, please
contact: Morgan Stanley at 800-624-1808 (toll free) or 212-761-5384
(collect); Credit Suisse at 800-820-1653 (toll free) or
212-538-1862 (collect); or RBS at 877-297-9832 (toll free) or
203-897-6145 (collect). Requests for documents and questions
regarding the tender of notes may be directed to the Information
Agent at 800-735-3591 (toll free) or 212-269-5550 (collect).
FirstEnergy is a diversified energy company headquartered in Akron,
Ohio. Its subsidiaries and affiliates are involved in the
generation, transmission and distribution of electricity, as well
as energy management and other energy-related services. Its seven
electric utility operating companies comprise the nation's fifth
largest investor-owned electric system, based on 4.5 million
customers served within a 36,100-square-mile area of Ohio,
Pennsylvania and New Jersey; and its generation subsidiaries
control more than 14,000 megawatts of capacity. FirstEnergy's
obligations to accept any notes tendered and to pay the applicable
consideration for them are set forth solely in the Offer to
Purchase and related Letter of Transmittal. This news release is
not an offer to purchase or a solicitation of acceptance of the
tender offer. FirstEnergy may, subject to applicable law, amend,
extend or terminate the tender offer. Forward-Looking Statements:
This news release includes forward-looking statements based on
information currently available to management. Such statements are
subject to certain risks and uncertainties. These statements
include declarations regarding our management's intents, beliefs
and current expectations. These statements typically contain, but
are not limited to, the terms "anticipate," "potential," "expect,"
"believe," "estimate" and similar words. Forward-looking statements
involve estimates, assumptions, known and unknown risks,
uncertainties and other factors that may cause actual results,
performance or achievements to be materially different from any
future results, performance or achievements expressed or implied by
such forward-looking statements. Actual results may differ
materially due to the speed and nature of increased competition in
the electric utility industry and legislative and regulatory
changes affecting how generation rates will be determined following
the expiration of existing rate plans in Pennsylvania, the impact
of the PUCO's regulatory process on the Ohio Companies associated
with the distribution rate case, economic or weather conditions
affecting future sales and margins, changes in markets for energy
services, changing energy and commodity market prices and
availability, replacement power costs being higher than anticipated
or inadequately hedged, the continued ability of FirstEnergy's
regulated utilities to collect transition and other charges or to
recover increased transmission costs, maintenance costs being
higher than anticipated, other legislative and regulatory changes,
revised environmental requirements, including possible greenhouse
gas emission regulations, the potential impacts of the U.S. Court
of Appeals' July 11, 2008 decision requiring revisions to the CAIR
rules and the scope of any laws, rules or regulations that may
ultimately take their place, the uncertainty of the timing and
amounts of the capital expenditures needed to, among other things,
implement the AQC Plan (including that such amounts could be higher
than anticipated or that certain generating units may need to be
shut down) or levels of emission reductions related to the Consent
Decree resolving the NSR litigation or other potential regulatory
initiatives, adverse regulatory or legal decisions and outcomes
(including, but not limited to, the revocation of necessary
licenses or operating permits and oversight) by the NRC, Met-Ed's
and Penelec's transmission service charge filings with the PPUC,
the continuing availability of generating units and their ability
to operate at or near full capacity, the ability to comply with
applicable state and federal reliability standards, the ability to
accomplish or realize anticipated benefits from strategic goals
(including employee workforce initiatives), the ability to improve
electric commodity margins and to experience growth in the
distribution business, the changing market conditions that could
affect the value of assets held in FirstEnergy's nuclear
decommissioning trusts, pension trusts and other trust funds, and
cause it to make additional contributions sooner, or in an amount
that is larger than currently anticipated, the ability to access
the public securities and other capital and credit markets in
accordance with FirstEnergy's financing plan and the cost of such
capital, changes in general economic conditions affecting the
company, the state of the capital and credit markets affecting the
company, interest rates and any actions taken by credit rating
agencies that could negatively affect FirstEnergy's access to
financing or its costs and increase its requirements to post
additional collateral to support outstanding commodity positions,
letters of credit and other financial guarantees, the continuing
decline of the national and regional economy and its impact on
FirstEnergy's major industrial and commercial customers, issues
concerning the soundness of financial institutions and
counterparties with which FirstEnergy does business, and the risks
and other factors discussed from time to time in its SEC filings,
and other similar factors. The foregoing review of factors should
not be construed as exhaustive. New factors emerge from time to
time, and it is not possible for management to predict all such
factors, nor assess the impact of any such factor on its business
or the extent to which any factor, or combination of factors, may
cause results to differ materially from those contained in any
forward-looking statements. A security rating is not a
recommendation to buy, sell or hold securities that may be subject
to revision or withdrawal at any time by the assigning rating
organization. Each rating should be evaluated independently of any
other rating. FirstEnergy expressly disclaims any current intention
to update any forward-looking statements contained herein as a
result of new information, future events, or otherwise. DATASOURCE:
FirstEnergy Corp. CONTACT: News Media, Tricia Ingraham.
+1-330-384-5247; or Investor, Ron Seeholzer, +1-330-384-5415, both
of FirstEnergy Corp. Web Site: http://www.firstenergycorp.com/
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