The Phoenix Companies, Inc. (NYSE:PNX) Announces Success of Consent Solicitation Relating to 7.45% Quarterly Interest Bonds d...
May 22 2013 - 9:03AM
Business Wire
The Phoenix Companies, Inc. (NYSE:PNX) today announced the
consent of bondholders holding the majority in principal amount of
its 7.45% Quarterly Interest Bonds due 2032 (CUSIP 71902E 20 8)
(NYSE:PFX) to amend the indenture governing the bonds and provide a
related waiver. The consents received represent approximately 60%
of the outstanding principal amount.
The approval of the amendments and waiver allows Phoenix to
extend the date for providing the bond trustee with its third
quarter 2012 Form 10-Q, 2012 Form 10-K, and its quarterly reports
on Form 10-Q for the first, second and third quarters of 2013 to
December 31, 2013.
Today, Phoenix said that the previously announced restatement
continues to move forward. The company now intends to provide an
update on the progress of the restatement on or before June 30,
2013 and, when available, the estimated financial impact of the
restatement.
As previously reported, Phoenix is restating GAAP financial
statements for the years ended December 31, 2011, 2010 and 2009,
the interim periods for 2011, and the first and second quarters of
2012 and, as a result, has or will delay filing its third quarter
2012 Form 10-Q, 2012 Form 10-K and first quarter 2013 Form 10-Q
with the Securities and Exchange Commission (SEC) and the bond
trustee. Phoenix also believes it may not be able to timely file
its Forms 10-Q for the second and third quarters of 2013.
After Phoenix announced the restatement on November 8, 2012, the
company provided updates on the process on March 15, 2013 and April
24, 2013. On May 15, 2013, the company provided highlights of
unaudited statutory results for Phoenix Life Insurance Company and
estimated operating metrics for The Phoenix Companies, Inc. for the
first quarter of 2013.
ABOUT PHOENIX
Headquartered in Hartford, Connecticut, The Phoenix Companies,
Inc. (NYSE:PNX) is a boutique life insurance and annuity company
serving customers’ retirement and protection needs through select
independent distributors. For more information, visit
www.phoenixwm.com.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
STATEMENTS
The foregoing contains “forward-looking statements” within the
meaning of the Private Securities Litigation Reform Act of 1995. We
intend these forward-looking statements to be covered by the safe
harbor provisions of the federal securities laws relating to
forward-looking statements. These forward-looking statements
include statements relating to, or representing management’s
beliefs about, our future transactions, strategies, operations and
financial results, including, without limitation, our expectation
to provide information within anticipated timeframes. Such
forward-looking statements often contain words such as “will,”
“anticipate,” “believe,” “plan,” “estimate,” “expect,” “intend,”
“is targeting,” “may,” “should” and other similar words or
expressions. Forward-looking statements are made based upon
management’s current expectations and beliefs and are not
guarantees of future performance. Our ability to provide updated
information about the restatement in the anticipated timeframe,
complete the restatement and resume a timely filing schedule with
respect to our SEC filings reflecting the restatement is subject to
a number of contingencies, including but not limited to, whether we
continue to identify errors in our consolidated financial
statements, whether existing systems and processes can be timely
updated, supplemented or replaced, and the number and complexity
of, and periods covered by, the periodic reports that we will have
to file with the SEC to reflect the restatement. Our actual
business, financial condition or results of operations may differ
materially from those suggested by forward-looking statements as a
result of risks and uncertainties which include, among others,
those risks and uncertainties described in any of our other filings
with the SEC. Certain other factors which may impact our business,
financial condition or results of operations or which may cause
actual results to differ from such forward-looking statements are
discussed or included in our reports filed with the SEC and are
available on our website at www.phoenixwm.com under “Investor
Relations”. You are urged to carefully consider all such factors.
We do not undertake or plan to update or revise forward-looking
statements to reflect actual results, changes in plans,
assumptions, estimates or projections, or other circumstances
occurring after the date of this news release, even if such
results, changes or circumstances make it clear that any
forward-looking information will not be realized. If we make any
future public statements or disclosures which modify or impact any
of the forward-looking statements contained in or accompanying this
news release, such statements or disclosures will be deemed to
modify or supersede such statements in this news release.
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