CP Ships announces completion of Senior Subordinated Convertible Note offer and consent solicitation
December 19 2005 - 3:36AM
PR Newswire (US)
GATWICK, UK, Dec. 19 /PRNewswire-FirstCall/ -- CP Ships Limited
today announced that it has accepted for payment a total of
approximately US $198.9 million aggregate principal amount of its
4% Senior Subordinated Convertible Notes due 2024, representing
approximately 99% of the outstanding Notes. The Notes were tendered
pursuant to CP Ships' previously announced cash tender offer to
purchase any and all of its outstanding Notes. The offer expired at
5:00 p.m. (New York time) on 14th December 2005 and all rights of
withdrawal with respect to tendered Notes expired at 5:00 p.m. (New
York time) on 16th December 2005. All Notes purchased by CP Ships
will be retired. After giving effect to the purchase and retirement
of Notes tendered to the offer, US $1,121,000 aggregate principal
amount of Notes will be held by holders of Notes, and no Notes will
be held by CP Ships. CP Ships also announced today that it has
successfully completed its consent solicitation relating to the
Notes, which was conducted in conjunction with CP Ships' offer to
purchase the Notes. Accordingly, CP Ships and The Bank of New York,
as trustee, have executed a supplemental indenture to the indenture
governing the Notes, the effect of which is to eliminate certain
reporting obligations and restrictive covenants as well as certain
events of default and related provisions contained in the
indenture. The consent solicitation expired at 5:00 pm (New York
time) on 16th December 2005 In accordance with the terms of the
tender offer, CP Ships expects to pay The Bank of New York, on
behalf of holders who validly tendered (and did not validly
withdraw) Notes to the offer prior to the offer expiry time, an
aggregate of approximately US $203 million on 19th December 2005,
representing the US $198.9 aggregate principal amount of Notes
tendered, plus accrued and unpaid interest to, but not including,
the payment date under the offer. On 19th December 2005, CP Ships
will also pay, in accordance with the terms of the consent
solicitation, The Bank of New York, on behalf of holders of Notes,
US $2.50 for each US $1,000 principal amount of Notes in respect of
which consents were validly delivered and not validly revoked prior
to the consent solicitation expiry time. This announcement is not
an offer to purchase, a solicitation of an offer to purchase, or a
solicitation of securities or consents with respect to any
securities. Holders of Notes who did not tender under the offer
continue to hold their Notes, as amended pursuant to the amendments
described above. The Notes are expected to be de-listed from
PORTAL, effective 20th December, 2005. In connection with the
previously announced acquisition of CP Ships by TUI AG, it is
anticipated that TUI will acquire all remaining CP Ships common
shares on 20th December 2005 pursuant to the amalgamation of CP
Ships and Ship Acquisition Inc, a wholly-owned subsidiary of TUI,
on such date. As previously announced, upon the amalgamation of CP
Ships and Ship Acquisition Inc., CP Ships (as the corporation
resulting from the amalgamation) will satisfy its obligation to
deliver shares upon the conversion of the Notes by delivery of
redeemable special shares of CP Ships. CP Ships expects to redeem
any redeemable special shares issued upon such conversion
immediately following their issuance for US $21.50 per share. About
CP Ships CP Ships, a subsidiary of TUI AG, provides international
container transportation in four key regional markets:
TransAtlantic, Australasia, Latin America and Asia with 38 services
in 21 trade lanes. As of 30th September 2005 its vessel fleet was
80 ships and its container fleet 432,000 teu. Volume in 2004 was
2.3 million teu. CP Ships also owns Montreal Gateway Terminals
which operates one of Canada's largest marine container terminal
facilities. TUI expects to complete its acquisition of 100% of CP
Ships on 20th December 2005, at which time CP Ships is expected to
delist from the Toronto and New York stock exchanges. TUI plans to
integrate CP Ships into its other shipping subsidiary Hapag-Lloyd
to create the world's fifth-largest container shipping company.
Forward Looking Information This press release contains certain
forward-looking information and statements within the meaning of
applicable securities laws. Forward-looking information contains
statements with words such as "anticipate," "expect," "intend," or
similar words suggesting future outcomes or statements regarding CP
Ships' expectations, plans or intentions. These statements are
subject to known and unknown risks, uncertainties and other factors
that could cause actual results to differ materially from those
suggested by the forward-looking statements. Although CP Ships
believes it has a reasonable basis for making the forecasts or
projections included herein, you are cautioned not to place undue
reliance on such forward-looking information. By its nature, the
forward-looking information involves numerous assumptions, inherent
risks and uncertainties, both general and specific that contributes
to the possibility that the predictions, forecasts and other
forward-looking statements will not occur. These factors include,
but are not limited to, changes in business strategies. The above
list of important factors affecting forward-looking information is
not exhaustive, and reference should be had to the other risks
discussed in filings with securities regulators. CP Ships
undertakes no obligation, except as required by law, to update
publicly or otherwise revise any forward-looking information,
whether as a result of new information, future events or otherwise,
or the above list of factors affecting this information.
DATASOURCE: CP Ships CONTACT: Elizabeth Canna, VP Group
Communications, Telephone: +44 (0)1293 861 921 or +41 (0)79 691
3764
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