Merrill Lynch & Co., Inc. Announces Results of Offer to Purchase for Cash Any & All of the Outstanding Exchange Liquid Yield ...
February 24 2009 - 11:22AM
Business Wire
Merrill Lynch & Co., Inc., a corporation existing under the
laws of Delaware (�ML&Co.�), announced today the results of its
offer to purchase for cash any and all of its outstanding Exchange
Liquid Yield Option � Notes due 2032 (Zero Coupon � Floating Rate �
Senior) (the �Securities�). ML&Co.�s offer to purchase the
Securities was subject to the terms and conditions described in the
Notice of Change in Control and Offer to Purchase, dated January
22, 2009 (the �Offer to Purchase�), and related Change in Control
Purchase Notice (which together, as amended and supplemented,
constitute the �Change in Control Offer�).
The Bank of New York Mellon (formerly known as The Bank of New
York, as successor in interest to JPMorgan Chase Bank, N.A.), as
trustee (the �Trustee�) under the Indenture (as defined below) and
as Paying Agent for the Change in Control Offer, has advised
ML&Co. that an aggregate of $1,594,386,000 Original Principal
Amount (as defined in the Indenture) of the Securities were validly
surrendered and not properly withdrawn in the Change in Control
Offer prior to the expiration of the Change in Control Offer at
5:00 p.m., New York City time, on February 23, 2009. In accordance
with the terms of the Change in Control Offer, ML&Co. accepted
for payment $1,594,386,000 Original Principal Amount of the
Securities at a purchase price equal to $1,095.98 (the �Change in
Control Purchase Price�) per $1,000 Original Principal Amount of
Securities purchased. The Change in Control Purchase Price
represents the Contingent Principal Amount (as defined in the
Indenture) on February 23, 2009, which is the Original Principal
Amount of such Securities increased daily by the applicable Yield
(as defined in the Indenture). Today ML&Co. forwarded to the
Paying Agent the appropriate amount of cash required to pay the
Change in Control Purchase Price for accepted Securities.
Pursuant to the terms of the Change in Control Offer, the
Securities not tendered in the Change in Control Offer will remain
outstanding, subject to the existing terms and conditions governing
such Securities, including the Indenture dated as of December 14,
2004, between ML&Co. and the Trustee, as amended and
supplemented by the First Supplemental Indenture, dated as of March
6, 2008, between ML&Co. and the Trustee, and the Second
Supplemental Indenture, dated as of January 1, 2009, among
ML&Co., the Trustee and Bank of America Corporation (�Bank of
America�) (as so amended and supplemented, the �Indenture�).
This announcement is for informational purposes only and is not
an offer to purchase, or the solicitation of an offer to purchase,
the Securities.
Merrill Lynch is one of the world�s leading wealth management,
capital markets and advisory companies, with offices in 40
countries and territories and total client assets of approximately
$1.2 trillion at December 26, 2008. As an investment bank, it is a
leading global trader and underwriter of securities and derivatives
across a broad range of asset classes and serves as a strategic
advisor to corporations, governments, institutions and individuals
worldwide. Merrill Lynch has approximately 50 percent ownership in
BlackRock Inc., one of the world's largest publicly traded
investment management companies, with approximately $1.3 trillion
in assets under management at December 31, 2008. For more
information on Merrill Lynch, please visit www.ml.com. Merrill
Lynch was acquired by Bank of America on January 1, 2009.
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