ON Semiconductor Extends Tender Offer to Acquire Fairchild Semiconductor
August 19 2016 - 6:00AM
Business Wire
Extension of tender offer pursuant to
previously executed merger agreement
ON Semiconductor Corporation (Nasdaq: ON) (“ON Semiconductor”)
announced that it has extended its previously announced tender
offer to purchase all of the outstanding shares of common stock of
Fairchild Semiconductor International Inc. (Nasdaq: FCS)
(“Fairchild”) for $20.00 per share in cash (the “Offer”) pending
the satisfaction of the conditions to the Offer set forth in the
merger agreement entered into on November 18, 2015, between ON
Semiconductor and Fairchild. The Offer will now expire one minute
following 11:59 p.m., New York City time, on September 1, 2016,
unless further extended as required or permitted by the merger
agreement. All other terms and conditions of the Offer remain
unchanged. Computershare Trust Company, N.A., the depositary for
the Offer, has advised ON Semiconductor that as of the close of
business, New York City time on August 18, 2016, approximately
80,702,140 shares of common stock of Fairchild (not including
6,228,277 shares tendered by notice of guaranteed delivery for
which shares have not yet been delivered) have been validly
tendered and not properly withdrawn pursuant to the Offer,
representing approximately 70.3% of the outstanding shares of
common stock of Fairchild.
Pending satisfaction of the conditions to the Offer, the merger
agreement requires successive 10-business day extensions of the
Offer, and ON Semiconductor currently intends to continue making
such successive extensions, subject to the other terms and
conditions of the merger agreement. This press release is being
issued under applicable securities laws in order to notify
Fairchild’s stockholders of the extension.
The completion of the Offer remains subject to certain customary
terms and conditions set forth in the Offer to Purchase, dated
December 4, 2015, as amended (the “Offer to Purchase”), and other
related materials by which the Offer is being made.
About ON Semiconductor
ON Semiconductor (Nasdaq: ON) is driving energy efficient
innovations, empowering customers to reduce global energy use. The
company is a leading supplier of semiconductor-based solutions,
offering a comprehensive portfolio of energy efficient power
management, analog, sensors, logic, timing, connectivity, discrete,
SoC and custom devices. The company’s products help engineers solve
their unique design challenges in automotive, communications,
computing, consumer, industrial, medical, aerospace and defense
applications. ON Semiconductor operates a responsive, reliable,
world-class supply chain and quality program, a robust compliance
and ethics program, and a network of manufacturing facilities,
sales offices and design centers in key markets throughout North
America, Europe and the Asia Pacific regions. For more information,
visit http://www.onsemi.com.
ON Semiconductor and the ON Semiconductor logo are registered
trademarks of Semiconductor Components Industries, LLC. All other
brand and product names appearing in this document are registered
trademarks or trademarks of their respective holders.
Cautions regarding Forward-Looking Statements
This document contains forward-looking statements. These
forward-looking statements include, but are not limited to,
statements related to the expiration of the Offer. These
forward-looking statements are based on information available to us
as of the date of this release and current expectations, forecasts
and assumptions and involve a number of risks and uncertainties
that could cause actual results to differ materially from those
anticipated by these forward-looking statements. Such risks and
uncertainties include a variety of factors, some of which are
beyond our control. In particular, such risks and uncertainties
include, but are not limited to: the risk that one or more closing
conditions to the Offer may not be satisfied or waived, on a timely
basis or otherwise; the unsuccessful completion of the Offer; the
risk that the transaction with Fairchild does not close when
anticipated, or at all, including the risk that the requisite
regulatory approvals may not be obtained; matters arising in
connection with ON Semiconductor’s and Fairchild’s efforts to
comply with and satisfy applicable regulatory approvals and closing
conditions relating to the Offer; there may be a material adverse
change of us or Fairchild or our respective businesses may suffer
as a result of uncertainty surrounding the transaction; the
transaction may involve unexpected costs, liabilities or delays;
difficulties encountered in integrating Fairchild, including the
potentially accretive benefits and synergies; failure to achieve
the anticipated results of the transactions; and risks involving
environmental or other governmental regulation. Information
concerning additional factors that could cause results to differ
materially from those projected in the forward-looking statements
is contained in ON Semiconductor’s Annual Report on Form 10-K,
Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and
other of ON Semiconductor’s filings with the Securities and
Exchange Commission (the “SEC”). These forward-looking statements
are as of the date hereof and should not be relied upon as
representing our views as of any subsequent date, and we do not
undertake any obligation to update forward-looking statements to
reflect events or circumstances after the date they were made. For
additional information, visit ON Semiconductor’s corporate website,
www.onsemi.com, or for official filings visit the SEC website,
www.sec.gov.
Notice to Investors
This press release is for informational
purposes only, and it does not constitute an offer to purchase or a
solicitation of an offer to sell any securities. The Offer is being
made pursuant to a Tender Offer Statement on Schedule TO filed by
ON Semiconductor with the SEC on December 4, 2015. Fairchild filed
a Solicitation/Recommendation Statement on Schedule 14D-9 with the
SEC with respect to the Offer on December 4, 2015. THE TENDER
OFFER MATERIALS (INCLUDING THE OFFER TO PURCHASE, THE RELATED
LETTER OF TRANSMITTAL AND CERTAIN OTHER TENDER OFFER DOCUMENTS) AND
THE SOLICITATION / RECOMMENDATION STATEMENT, INCLUDING IN EACH CASE
ANY AMENDMENTS OR SUPPLEMENTS THERETO, CONTAIN IMPORTANT
INFORMATION. HOLDERS OF SHARES OF FAIRCHILD COMMON STOCK ARE URGED
TO READ THESE DOCUMENTS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT
INFORMATION THAT HOLDERS OF SHARES OF FAIRCHILD COMMON STOCK SHOULD
CONSIDER BEFORE MAKING ANY DECISION REGARDING TENDERING THEIR
SHARES. The Offer to Purchase, the related Letter of
Transmittal and certain other tender offer documents, as well as
the Solicitation/Recommendation Statement, are being made available
to all holders of shares of Fairchild common stock at no expense to
them. The tender offer materials and the
Solicitation/Recommendation Statement are available at no charge on
the SEC’s website at www.sec.gov.
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version on businesswire.com: http://www.businesswire.com/news/home/20160819005086/en/
ON SemiconductorKris PugsleyCorporate Communications /
Media Relations(312) 909-0661kris.pugsley@onsemi.comorParag
AgarwalVice President Investor Relations and Corporate
Development(602) 244-3437investor@onsemi.com
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