Icahn Enterprises Announces Closing of $2.0 Billion Senior Notes Offering and Acquisitions of Interests of American Railcar Indu
January 15 2010 - 4:58PM
PR Newswire (US)
NEW YORK, Jan. 15 /PRNewswire-FirstCall/ -- Icahn Enterprises L.P.
(NYSE: IEP) - Icahn Enterprises L.P. ("Icahn Enterprises"),
together with Icahn Enterprises Finance Corp., announced today that
they have consummated their offering of $2.0 billion in aggregate
principal amount of their 7 3/4% Senior Notes due 2016 (the "2016
Notes") and 8% Senior Notes due 2018 (the "2018 Notes" and,
together with the 2016 Notes, the "New Notes"). The New Notes were
sold in a private offering to qualified institutional buyers as
defined in Rule 144A under the Securities Act of 1933, as amended
(the "Securities Act"), and non-U.S. persons outside the United
States under Regulation S under the Securities Act. Icahn
Enterprises used a portion of the proceeds from the offering to
purchase the approximately $1.28 billion in aggregate principal
amount (or approximately 97%) of the 7.125% Senior Notes due 2013
(CUSIP Nos. 029171AD7 and 029171AF2) (the "2013 Notes") and the
8.125% Senior Notes due 2012 (CUSIP No. 029171AC9) (the "2012
Notes" and, together with the 2013 Notes, the "Old Notes") that
were tendered pursuant to the previously announced cash tender
offers and consent solicitations (the "Tender Offers") and to pay
related fees and expenses. The Tender Offers expire at 12:00
midnight, New York City time, on January 28, 2010. Jefferies &
Company, Inc. acted as sole book-running manager and initial
purchaser for the offering of the New Notes and as sole dealer
manager and solicitation agent for the Tender Offers. Icahn
Enterprises also announced that it consummated the acquisition of
approximately 54% of the issued and outstanding common stock of
American Railcar Industries, Inc. (the "ARI "Acquisition") and the
acquisition of approximately 71% of the issued and outstanding
common stock of Viskase Companies, Inc. (the "Viskase Acquisition"
and, together with the ARI Acquisition, the "Acquisitions"), in
each case, from affiliates of Carl C. Icahn. Icahn Enterprises
issued approximately 3.1 million depositary units in connection
with the ARI Acquisition and approximately 2.9 million depositary
units in connection with the Viskase Acquisition. The Acquisitions
were approved by the Audit Committee of the Board of Directors of
Icahn Enterprises GP Inc., the general partner of Icahn
Enterprises, which retained independent counsel and an independent
financial advisor. This press release shall not constitute an offer
to sell or a solicitation of an offer to buy any of the New Notes
or the Old Notes. The New Notes have not been registered under the
Securities Act or any state securities laws, and may not be offered
or sold in the United States absent registration under, or an
applicable exemption from, the registration requirements of the
Securities Act and applicable state securities laws. Icahn
Enterprises L.P. (NYSE:IEP), a master limited partnership, is a
diversified holding company engaged in five primary business
segments: Investment Management, Automotive, Metals, Real Estate
and Home Fashion. Caution Concerning Forward-Looking Statements
This release contains certain "forward-looking statements" within
the meaning of the Private Securities Litigation Reform Act of
1995, many of which are beyond our ability to control or predict.
Forward-looking statements may be identified by words such as
"expects," "anticipates," "intends," "plans," "believes," "seeks,"
"estimates," "will" or words of similar meaning and include, but
are not limited to, statements about the expected future business
and financial performance of Icahn Enterprises L.P. and its
subsidiaries. Among these risks and uncertainties are risks related
to economic downturns, substantial competition and rising operating
costs; risks related to our investment management activities,
including the nature of the investments made by the private funds
we manage, losses in the private funds and loss of key employees;
risks related to our automotive activities, including exposure to
adverse conditions in the automotive industry, and risks related to
operations in foreign countries; risks related to our scrap metals
activities, including potential environmental exposure; risks
related to our real estate activities, including the extent of any
tenant bankruptcies and insolvencies; risks related to our home
fashion operations, including changes in the availability and price
of raw materials, and changes in transportation costs and delivery
times; and other risks and uncertainties detailed from time to time
in our filings with the SEC. We undertake no obligation to publicly
update or review any forward-looking information, whether as a
result of new information, future developments or otherwise.
DATASOURCE: Icahn Enterprises L.P. CONTACT: Investor Contact,
Dominick Ragone, Chief Financial Officer, +1-646-861-7500 Web Site:
http://www.icahnenterprises.com/
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