GigCapital, Inc., (NYSE: GIG, GIG.U, GIG.RT, and GIG.WS)
(“GigCapital” or the “Company”) a Technology, Media and Telecom
(TMT) Private-to-Public Equity (PPE)™ corporation, today announced
that it has commenced a tender offer to purchase up to 14,873,256
of its outstanding rights (each of the rights representing the
right to receive one-tenth of one share of the Company’s common
stock) at a purchase price of $0.99 per right, in cash, less any
applicable withholding taxes and without interest, for an aggregate
purchase price of up to $14,724,523.44, in conjunction with the
closing of the Company’s business combination with Kaleyra S.p.A.
(“Kaleyra”). All rights duly tendered and not properly withdrawn
will be purchased by the Company from tendering right holders.
As previously announced, on February 22, 2019, the Company
entered into a definitive agreement to acquire Kaleyra, pursuant to
which the Company agreed to acquire all of the outstanding ordinary
shares of Kaleyra (the “Business Combination”). The purpose of the
offer is to provide the right holders who may not wish to retain
the shares into which their rights convert following the Business
Combination the possibility of receiving cash for their rights in
connection with the closing of the Business Combination.
The rights are currently listed on the New York Stock Exchange
under the symbol “GIG.RT.” As of October 7, 2019, the last reported
closing price of the rights was $0.98 per right.
The tender offer is not conditioned on any financing or on any
minimum number of rights being tendered. However, the tender offer
is subject to the closing of the Business Combination. If the
definitive agreement to acquire Kaleyra is terminated for any
reason, or the tender offer would be reasonably likely to impair or
delay the closing of the acquisition of Kaleyra, the Company, in
its own sole discretion, will terminate the tender offer.
All of the Company’s sponsor, founders, directors and executive
officers have advised the Company that they do not intend to tender
their rights in the tender offer. In addition, the Company has
announced that it entered into two agreements with certain right
holders, and one non-binding letter of intent with one right holder
with whom the Company is in the process of finalizing a formal
agreement, that provide that such holders will not deliver their
rights in response to the tender offer, and the Company may enter
into similar agreements with other right holders. The Company is
informed that all right holders who have advised it that they do
not intend to tender their rights, and all right holders with whom
it either has an agreement or has entered into a non-binding letter
of intent, currently hold approximately 11,160,891 rights.
The tender offer will expire at one minute past 11:59 p.m., New
York City time, on Wednesday, November 6, 2019, or such later time
and date to which the Company may extend the tender offer. The
Company intends to extend the tender offer to ensure that the
expiration date of the tender offer occurs one minute past 11:59
p.m. on the day before the special meeting of the Company’s
stockholders to approve the Business Combination.
MacKenzie Partners, Inc. is acting as the information agent for
the tender offer, and the depositary for the tender offer is
Continental Stock Transfer & Trust Company. The offer to
purchase, form of letter of transmittal, and related documents are
being distributed to right holders. For questions and information,
please call the information agent toll free at (800) 322-2885.
Additional Information About the Tender Offer and Where to
Find It
This press release is neither an offer to purchase nor a
solicitation of an offer to sell any of the Company’s rights. The
offer to purchase and the solicitation of offers to sell are only
being made solely pursuant to the offer to purchase dated October
8, 2019, the related letter of transmittal and other offer
materials included as exhibits to the tender offer statement on
Schedule TO that the Company will file today with the Securities
and Exchange Commission (the “SEC”). The tender offer statement
(including the offer to purchase, related letter of transmittal and
other offer materials) contains important information that should
be read carefully and considered before any decision is made with
respect to the tender offer. These materials are being distributed
free of charge to all of the Company’s right holders. In addition,
these materials (and all other materials filed by the Company with
the SEC) will be available at no charge from the SEC through its
website at www.sec.gov. Right holders may also obtain free copies
of the documents filed with the SEC by the Company by directing a
request to the information agent at MacKenzie Partners, Inc., 1407
Broadway, 27th Floor, New York, NY 10018. The Company’s right
holders are urged to read the tender offer documents and the other
relevant materials before making any investment decision with
respect to the tender offer because they contain important
information about the tender offer.
Additional Information About the Business Combination and
Where to Find It
Additional information about the Business Combination with
Kaleyra and related transactions is described in GigCapital’s
preliminary proxy statement relating to the Business Combination
and the respective businesses of GigCapital and Kaleyra, which
GigCapital has filed with the SEC. The Business Combination and
related transactions will be submitted to stockholders of
GigCapital for their consideration. GigCapital’s stockholders and
other interested persons are advised to read the preliminary proxy
statement and any amendments thereto and, once available, the
definitive proxy statement and any additional definitive materials
filed in connection with GigCapital’s solicitation of proxies for
its special meeting of stockholders to be held to approve, among
other things, the Business Combination and related transactions,
because these documents will contain important information about
GigCapital, Kaleyra and the Business Combination and related
transactions. The definitive proxy statement will be mailed to
stockholders of GigCapital as of a record date to be established
for voting on the Business Combination and related
transactions.
Stockholders may also currently obtain a copy of the preliminary
proxy statement or the definitive proxy statement, once available,
as well as other documents filed with the SEC by GigCapital,
without charge, at the SEC’s website located at www.sec.gov or by directing a request to Brad
Weightman, Vice President and Chief Financial Officer, GigCapital,
Inc., 2479 E. Bayshore Rd., Suite 200 Palo Alto, CA 94303, or by
telephone at (650) 276-7040.
Participants in the Solicitation
Kaleyra, GigCapital and their respective directors and executive
officers and other persons may be deemed to be participants in the
solicitations of proxies from GigCapital’s stockholders in respect
of the Business Combination and related transactions. Information
regarding GigCapital’s directors and executive officers is
available in its Form 10-K filed with the SEC on December 6, 2018.
Additional information regarding the participants in the proxy
solicitation and a description of their direct and indirect
interests is contained in the preliminary proxy statement, and will
be contained in the definitive proxy statement when it becomes
available, related to the Business Combination and related
transactions, and which can be obtained free of charge from the
sources indicated above.
Forward-Looking Statements
This press release may include forward-looking statements within
the meaning of the “safe harbor” provisions of the Private
Securities Litigation Reform Act of 1995 regarding the Business
Combination, the proposed rights tender offer, Company and Kaleyra.
All statements, other than statements of historical facts, included
in this press release that address activities, events or
developments that the Company and/or Kaleyra expects or anticipates
will or may occur in the future are forward-looking statements and
are identified with, but not limited to, words such as “believe”
and “expect”. Such forward-looking statements include, but are not
limited to, statements regarding the closing of the Business
Combination, potential capital alternatives or changes to the
capital structure of the Company and the expectations, hopes,
beliefs, intentions, plans, prospects or strategies regarding the
business combination and future business plans of the Company and
Kaleyra management teams. In addition, any statements that refer to
projections, forecasts or other characterizations of future events
or circumstances, including any underlying assumptions, are
forward-looking statements. These statements are based on certain
assumptions and analyses made by the management of the Company
and/or Kaleyra in light of their respective experience and their
perception of historical trends, current conditions and expected
future developments and their potential effects on the Company and
Kaleyra as well as other factors they believe are appropriate in
the circumstances. There can be no assurance that future
developments affecting the Company or Kaleyra will be those
anticipated and actual results may differ materially from those
expressed in this press release due to many factors such as, but
not limited to, the ability to satisfy closing conditions for the
Business Combination, including that the Company stockholders will
approve the Business Combination, the ability of the combined
company to meet the NYSE’s listing standards, and that the Company
will have sufficient capital upon the approval of the Business
Combination to operate as anticipated. Should one or more of these
risks or uncertainties materialize, or should any of the
assumptions being made prove incorrect, actual results may vary in
material respects from those projected in these forward-looking
statements. These statements speak only as of the date they are
made and none of the Company and/or Kaleyra undertakes any
obligation to update any forward-looking statements contained in
this press release to reflect events or circumstances which arise
after the date of this press release.
No Offer or Solicitation
This communication shall neither constitute an offer to sell or
the solicitation of an offer to buy any securities, nor shall there
be any sale of securities in any jurisdiction in which the offer,
solicitation, or sale would be unlawful prior to the registration
or qualification under the securities laws of any such
jurisdiction.
About GigCapital, Inc.
GigCapital, Inc. (NYSE: GIG, GIG.U, GIG.RT, and GIG.WS), is a
Private-to-Public Equity (PPE)™ company, (also known as a
Blank-Check or Special Purpose Acquisition Company (“SPAC”)),
sponsored by GigAcquisitions, LLC, and sole-managed by GigFounders,
LLC (www.gigfoundersglobal.com). All
were founded in 2017 by Dr. Avi Katz. The GigCapital Group
companies are led by an affiliated team of technology industry
experts, deploying a unique Mentor-Investors™ methodology to
partner with exceptional privately-held and non-U.S. public
technology companies of dedicated solid entrepreneurs. The
GigCapital Group companies offer financial, operational and
executive mentoring to U.S. and global private, and non-U.S. public
companies, in order to accelerate their path from inception and as
a privately-held entity into the growth-stage as a publicly traded
company in the U.S. The partnership of the GigCapital Group with
these companies continues through an organic and roll-up strategy
growth post the transition to a public company. For more
information, visit www.gigcapitalglobal.com.
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version on businesswire.com: https://www.businesswire.com/news/home/20191008005356/en/
GigCapital: Darrow Associates, Inc. Jim Fanucchi +1 (408)
404-5400 ir@gigcapitalglobal.com
Information Agent: MacKenzie Partners, Inc. 1407
Broadway, 27th Floor New York, NY 10018 Telephone: (212) 929-5500
(Call Collect) or Call Toll-Free: (800) 322-2885 Email:
tenderoffer@mackenziepartners.com
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