Mossimo, Inc. and Mossimo Giannulli Announce That Third Party Has Expressed It is No Longer Interested in Pursuing Acquisition
November 09 2005 - 8:00AM
Business Wire
As previously announced by Mossimo, Inc. (NASDAQ: MOSS) (the
"Company") and Mossimo Giannulli ("Giannulli") on October 31, 2005,
Mossimo Acquisition Corp. (MAC), a wholly-owned subsidiary of
Mossimo Holding Corp. (MHC), itself a corporation wholly-owned by
Giannulli, deferred their planned tender offer for the outstanding
shares of the Company's common stock to allow Giannulli and the
Special Committee to consider an unsolicited proposal received from
a third party indicating an interest in pursuing a business
combination with the Company. Giannulli and the Special Committee
announced today that they received a letter from the third party
indicating that the third party has decided at this time to
discontinue its discussions with Giannulli and the Special
Committee regarding a possible acquisition of the Company.
Giannulli and MAC expect to commence the tender offer next week,
with the goal of completing the transaction before the end of the
year. The tender offer will be subject to the condition that the
majority of the publicly held minority shares be validly tendered
and not withdrawn before the expiration of the tender offer, as
well as other customary conditions, including the receipt of
financing sufficient to complete the tender offer and the merger.
Founded in 1987, Mossimo, Inc. is a designer, licensor and
distributor of men's, women's, boy's and girl's apparel, footwear,
and other fashion accessories such as jewelry, watches, handbags,
and belts. This press release is intended for informational
purposes only and is not an offer to buy, a solicitation of an
offer to sell or a recommendation to sell any shares of Mossimo,
Inc. common stock. The solicitation of offers to sell Mossimo, Inc.
shares will only be made pursuant to a tender offer statement on
Schedule TO and an offer to purchase and related materials.
Mossimo, Inc. stockholders and other interested parties are urged
to read the tender offer statement on Schedule TO, the offer to
purchase and Mossimo, Inc.'s solicitation/recommendation statement
on Schedule 14D-9 and other relevant documents filed with the SEC
by Giannulli, MHC, MAC and Mossimo, Inc. when they become available
because they will contain important information. Mossimo, Inc.
stockholders will be able to obtain such documents free of charge
at the SEC's web site: www.sec.gov or by directing a request to
Mossimo, Inc. at 2014 Broadway, Santa Monica, CA 90404, Attention:
Chief Financial Officer. CAUTIONARY STATEMENT: Statements in this
release represent the current intentions, plans, expectations and
beliefs of Giannulli and Mossimo, Inc. and involve risks and
uncertainties that could cause actual events to differ materially
from the events described in this release, including risks or
uncertainties related to whether the conditions to the tender offer
will be satisfied, and if not, whether the tender offer and merger
will be completed, as well as changes in general economic
conditions, stock market trading conditions, tax law requirements
or government regulation, and changes in the apparel industry or
the business or prospects of Mossimo, Inc. Giannulli and Mossimo,
Inc. wish to caution the reader that these factors, as well as
other factors described or to be described in Giannulli's or
Mossimo, Inc.'s SEC filings with respect to the transaction, are
among the factors that could cause actual events or results to
differ materially from Giannulli's or Mossimo, Inc.'s current
expectations described herein.
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