Landry's Ends CEO's Buyout Offer On Confidentiality Row
January 12 2009 - 9:22AM
Dow Jones News
DOW JONES NEWSWIRES
Landry's Restaurants Inc. (LNY) has terminated its $217.4
million deal to sell the company to Chairman and Chief Executive
Tilman Fertitta, citing "unusual circumstances" with the lenders
and the Securities and Exchange Commission.
Shares tumbled 35% to $7.99 premarket.
Landry's said the SEC was requiring the company to disclose
information from a commitment letter by Fertitta's lead lenders,
which are Jefferies & Co. (JEF) and Wells Fargo & Co.
(WFC). The letter was supposed to be kept confidential, but
Landry's said the SEC still demanded disclosure.
As such, the lender said they wouldn't allow that and that any
disclosure would violate the terms to fund the buyout, resulting in
them pulling out of the deal.
Meanwhile, Landry's is finalizing a plan to refinance nearly
$400 million in notes with Jefferies and Wells Fargo. That is
expected to conclude next month.
Landry's shares rallied after Fertitta's revised bid was
announced in October, calming investors who had feared the deal
might not go through amid ongoing turmoil in the credit markets.
The initial $21 a share deal was cut to $13.50.
Based in Houston, Landry's operates restaurants that include the
Crab House, Rainforest Cafe and its namesake chain. It also
operates aquariums in downtown Houston and Denver, plus several
hotels.
-By Shirleen Dorman, Dow Jones Newswires; 201-938-2310;
shirleen.dorman@dowjones.com
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