Landry's Restaurants, Inc. ('LNY/NYSE') Delivers Letter To Smith & Wollensky Restaurant Group Offering To Acquire Company For $7
January 16 2007 - 9:00AM
PR Newswire (US)
HOUSTON, Jan. 16 /PRNewswire-FirstCall/ -- Landry's Restaurants,
Inc. (NYSE: LNY; the "Company"), one of the nation's largest casual
dining and entertainment companies, announced today that it has
sent a letter to Smith & Wollensky Restaurant Group, Inc.
(NASDAQ:SWRG) offering to acquire Smith & Wollensky Restaurant
Group, through an appropriate acquisition entity by merger or
otherwise, subject to certain terms and conditions, for $7.50 per
share in cash. This offer represents an approximate 50% premium to
the market price of $5.03 per share as of the close of business on
January 12, 2007. A copy of the letter is attached and included as
part of this press release. "We believe that a combination of the
two companies would be in the best interest of the stockholders of
both companies," said Tilman J. Fertitta, Chairman, President and
CEO of Landry's. The Company's operations include restaurants
primarily under the trade names Landry's Seafood House, Chart
House, Rainforest Cafe and Saltgrass Steak House, the Signature
Group of restaurants such as Vic & Anthony's and Grotto, and
such other businesses as hotels, marinas amusements, retail and the
Golden Nugget Hotels and Casinos in Las Vegas and Laughlin, Nevada.
SWRG owns and operates Smith & Wollensky restaurants in 8
different cities, including the Las Vegas strip, downtown Chicago,
Miami Beach, uptown Houston, Boston, Philadelphia, Washington,
D.C., and Columbus, Ohio. It also operates 6 restaurants in New
York City, including Maloney & Porcelli's, the Post House, Park
Avenue Cafe, Quality Meats, and the original Smith & Wollensky
restaurant. This press release contains certain 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, as
amended, which are intended to be covered by safe harbors created
thereby. Stockholders are cautioned that all forward- looking
statements are based largely on the Company's expectations and
involve risks and uncertainties, some of which cannot be predicted
or are beyond the Company's control. A statement containing a
projection of revenues, income, earnings per share, same store
sales, capital expenditures, or future economic performance are
just a few examples of forward-looking statements. Some factors
that could realistically cause results to differ materially from
those projected in the forward-looking statements include
ineffective marketing or promotions, competition, weather, store
management turnover, a weak economy, higher interest rates and gas
prices, construction at the Golden Nugget properties, negative same
store sales, or the Company's inability to continue its expansion
strategy. The Company may not update or revise any forward- looking
statements made in this press release. January 16, 2007 Smith &
Wollensky Restaurant Group, Inc. Board of Directors 880 Third
Avenue New York, New York 10022 Gentlemen: We have had the
opportunity over the past few weeks to discuss with Smith &
Wollensky Restaurant Group, Inc.'s ("SWRG") senior management team
the interest of Landry's Restaurants, Inc. ("Landry's) in acquiring
SWRG. Unfortunately, we have been unable to reach an understanding
on a transaction which we believe is clearly compelling for SWRG's
stockholders. Accordingly, Landry's hereby publicly sets forth its
willingness, which we communicated to your Board on January 12,
2007, to offer to acquire SWRG, through an appropriate acquisition
entity by merger or otherwise, for $7.50 per share in cash (the
"Transaction"). It is readily apparent to us, as we believe it will
be to your stockholders as well, that a combination of Landry's and
SWRG would be in the best interest of each of our stockholders.
This offer represents an attractive approximate 50% premium to the
closing market price of $5.03 per share on January 12, 2007.
Landry's proposes that the Transaction be accomplished through a
definitive merger agreement. Our offer is not subject to financing.
Our proposal, however, would be conditioned upon satisfactory
completion of limited remaining due diligence, obtaining all
necessary consents and approvals, including approval of the Boards
of Directors of Landry's and SWRG, waiver of any anti-takeover
provisions, any approvals required under the Hart- Scott-Rodino
Antitrust Improvements Act of 1976, consents, approvals or
authorizations required by all state, city or local licensing
agencies, the obtaining of consents or approvals if required for
certain key leased locations and material contracts and certain
other customary conditions, including no material adverse change in
SWRG's business from what has been publicly disclosed. Our offer is
also contingent on your Board not obligating SWRG for any new or
additional change of control or other severance benefits for senior
management, which we view as "self-serving" in nature and designed
to benefit senior management at the expense of SWRG's stockholders.
If we work together cooperatively to finalize a transaction
structure and to document the transaction, we believe that all
necessary consents and approvals could be obtained and the
Transaction could close early in the second quarter of this year.
We are also willing to consider a tender offer in a negotiated
transaction to expedite stockholder liquidity. Landry's stands
ready to meet with the Board of Directors and its representatives
as soon as possible. Given our ability to consummate the
Transaction without a financing contingency, we expect that the
Board of Directors would meet with us promptly and seriously
consider our offer particularly in light of the fact that our
discussions with senior management over the last two (2) months led
us to believe that a $7.50 per share offer would be acceptable to
your Board. We are therefore disappointed that SWRG has chosen not
to constructively engage in discussions with us on a transaction
designed to bring equal value to all of SWRG's stockholders but to
simply respond to our January 12, 2007 offer with a letter letting
us know that your Board would be in touch after your Board's
Special Committee had an opportunity to consider and evaluate our
proposal. We sincerely hope that your Board will reconsider its
position and engage in meaningful dialogue without delay so that we
can work together to arrive at a negotiated transaction that will
benefit SWRG and its stockholders. If we do not hear from you
promptly with an acceptable timeframe for substantive discussions,
we will have to assume that SWRG and its Board of Directors do not
wish to discuss our proposal further. Landry's must of course
reserve the right to evaluate all its options and take appropriate
action with respect to SWRG should we fail to hear a favorable
response from the Board of Directors to our proposal. We look
forward to promptly engaging in meaningful discussions. Very truly
yours, LANDRY'S RESTAURANTS, INC. By: /S/ DATASOURCE: Landry's
Restaurants, Inc. CONTACT: Tilman J. Feritta, Chairman, President
and CEO, or Rick H. Liem, Senior Vice President and CFO, both of
Landry's Restaurants, Inc., +1-713-850-1010; or Dancie Ware,
President of Dancie Perugini Ware Public Relations,
+1-713-224-9115, +1-832-647-1006 Cell Web site:
http://www.landrysrestaurants.com/
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