RedPrairie and JDA Software Group, Inc. (NASDAQ: JDAS) (“JDA”)
today announced that the tender offer by RP Crown Acquisition Sub,
LLC (an affiliate of RedPrairie) (“RP Acquisition”) to acquire all
of the outstanding shares of common stock of JDA expired at 11:59
p.m., New York City time, on December 20, 2012. All shares that
were validly tendered into the offer and not properly withdrawn
have been accepted for payment and will be paid promptly in
accordance with the terms of the offer.
As previously announced, pursuant to the merger agreement among
RP Acquisition, RP Crown Parent, LLC (“RP Parent”) and JDA, RP
Acquisition commenced a tender offer on November 15, 2012 to
acquire all of the outstanding shares of common stock of JDA for
$45.00 per share, net to the seller in cash without interest and
less any required withholding taxes.
The depositary for the tender offer has advised that, as of the
offer’s expiration, 39,515,631 shares of common stock of JDA have
been validly tendered and not properly withdrawn pursuant to the
tender offer (excluding shares subject to outstanding notices of
guaranteed delivery). Those shares represent approximately 89.16%
of the outstanding shares of JDA on a fully diluted basis.
RP Acquisition and JDA will promptly complete a “short−form”
merger under Delaware law after RP Acquisition exercises its top−up
option under the merger agreement, and JDA will become a wholly
owned direct subsidiary of RP Parent. The merger is expected to be
completed on or about December 21, 2012. As a result of the merger,
any shares of JDA common stock not previously tendered will be
cancelled and shall cease to exist and (other than Shares owned by
JDA (including treasury shares), RP Parent, RP Acquisition (other
than shares in trust accounts, managed accounts and the like), or
by stockholders of JDA who have perfected and not withdrawn a
demand for appraisal rights pursuant to Section 262 of the Delaware
General Corporation Law) will be converted into the right to
receive the same $45.00 per share in cash paid in the tender offer.
Following the merger, JDA’s common stock will cease to be traded on
The NASDAQ Global Market.
In addition, on December 21, 2012, JDA called for redemption all
of its outstanding $275,000,000 aggregate principal amount 8.0%
Senior Notes due 2014 (the “Notes”) in accordance with the
redemption provisions of the indenture governing the Notes, dated
as of December 10, 2009 (as supplemented by that certain
Supplemental Indenture dated as of January 28, 2010, the
“Indenture”), among JDA, the guarantors party thereto and U.S. Bank
National Association, as trustee (the “Trustee”). The redemption
date for the Notes will be January 21, 2013 (the “Redemption
Date”). The Notes will be redeemed at a redemption price of 104.00%
of the principal amount thereof, plus accrued and unpaid interest
on the Notes redeemed to, but not including, the Redemption Date,
in accordance with the provisions of the Indenture. In connection
with the redemption, JDA satisfied and discharged its obligations
under the Indenture in accordance with the satisfaction and
discharge provisions of the Indenture, by causing to be deposited
with the Trustee sufficient funds to pay the redemption price, plus
accrued and unpaid interest on the Notes to, but not including, the
Redemption Date. As a result of the satisfaction and discharge of
the Indenture, JDA has been released from its remaining obligations
under the Indenture and the Notes.
Greenhill & Co. is serving as financial advisor to
RedPrairie and dealer manager for the tender offer, and Fried,
Frank, Harris, Shriver & Jacobson LLP is acting as legal
counsel. Credit Suisse also served as a financial advisor to
RedPrairie.
J.P. Morgan acted as financial advisor to JDA. DLA Piper LLP
acted as legal counsel for JDA, and Cravath, Swaine & Moore LLP
represented the independent directors of the Board of Directors of
JDA.
About RedPrairie
For more than 35 years, RedPrairie’s best-of-breed supply chain,
workforce and all-channel retail solutions have put commerce in
motion for the world’s leading companies. Installed in over 60,000
customer sites across more than 50 countries, RedPrairie solutions
adapt to help ensure visibility and collaboration between
manufacturers, distributors, retailers and consumers. RedPrairie is
prepared to meet its customers’ current and future demands with
multiple delivery options, flexible architecture and 24/7 technical
and customer support. For a world in motion, RedPrairie is commerce
in motion.
To learn more about how RedPrairie solutions can optimize your
inventory, improve employee productivity or increase sales, visit
RedPrairie.com or email info@redprairie.com.
RedPrairie is a registered trademark of RedPrairie Corporation.
© 2012 RedPrairie Corporation. All Rights Reserved. Other product
and service names mentioned herein are the trademarks of their
respective owners.
About JDA Software Group
JDA® Software Group, Inc. (NASDAQ: JDAS), The Supply Chain
Company®, is the leading provider of innovative supply chain
management, merchandising and pricing excellence solutions
worldwide. JDA empowers more than 2,700 companies of all sizes to
make optimal decisions that improve profitability and achieve real
results in the manufacturing, wholesale distribution,
transportation, retail and services industries. With an integrated
solutions offering that spans the entire supply chain from
materials to the consumer, JDA leverages the powerful heritage and
knowledge capital of acquired market leaders including i2
Technologies®, Manugistics®, E3®, Intactix® and Arthur®. JDA’s
robust services offering, including complete solution lifecycle
management via JDA Cloud Services, provides customers with
leading-edge industry practices and supply chain expertise, lower
total cost of ownership, long-term business value, and 24/7
functional and technical support. To learn more, visit jda.com or
email info@jda.com.
Forward Looking Statements
Information provided and statements contained in this press
release that are not purely historical, such as statements
regarding expectations about the tender offer, the expected timing
of the completion of the transaction and the ability to complete
the transaction considering the various closing conditions, are
forward−looking statements within the meaning of Section 27A of the
Securities Act of 1933 and Section 21E of the Securities Exchange
Act of 1934. Such forward−looking statements only speak as of the
date of this press release, and JDA assumes no obligation to update
the information included in this press release. Statements made in
this press release that are forward−looking in nature may involve
risks and uncertainties. Accordingly, readers are cautioned that
any such forward−looking statements are not guarantees of future
performance and are subject to certain risks, uncertainties and
assumptions that are difficult to predict, including, without
limitation, the possibility that the transaction does not close,
the risk that business disruption relating to the transaction may
be greater than anticipated, the failure to obtain any required
financing on favorable terms and other specific risk factors
discussed herein and in other releases and public filings made by
JDA (including filings by JDA with the SEC). Although JDA believes
that the expectations reflected in such forward−looking statements
are reasonable as of the date made, expectations may prove to have
been materially different from the results expressed or implied by
such forward−looking statements. Unless otherwise required by law,
JDA also disclaims any obligation to update its view of any such
risks or uncertainties or to announce publicly the result of any
revisions to the forward−looking statements made in this press
release.
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