Creating a Leading Energy Company Focused on
Generating Free Cash Flow and Return of Capital to
Shareholders
- Merger of equals creates a leading unconventional oil producer
in the U.S.
- Builds a dominant Delaware Basin acreage position totaling
400,000 net acres
- All-stock transaction accretive to per-share metrics in year
one and maintains financial strength
- Expect to achieve cost savings that will drive $575 million of
annual cash flow improvements by YE 2021
- Maintenance capital funding requirements in 2021 improve to $33
WTI and $2.75 Henry Hub pricing
- Enhanced operating scale accelerates transformation to a
cash-return business model
- Combined company to implement “fixed plus variable” dividend
strategy
- Dave Hager to serve as executive chairman of the board; Rick
Muncrief to serve as president and CEO
Devon Energy (“Devon”) (NYSE: DVN) and WPX Energy (“WPX”) (NYSE:
WPX) today announced they have entered into an agreement to combine
in an all-stock merger of equals transaction.
The strategic combination will create a leading unconventional
oil producer in the U.S., with an asset base underpinned by a
premium acreage position in the economic core of the Delaware
Basin.
The combined company, which will be named Devon Energy, will
benefit from enhanced scale, improved margins, higher free cash
flow and the financial strength to accelerate the return of cash to
shareholders through an industry-first “fixed plus variable”
dividend strategy.
TRANSACTION DETAILS
Under the terms of the agreement, WPX shareholders will receive
a fixed exchange ratio of 0.5165 shares of Devon common stock for
each share of WPX common stock owned. The exchange ratio, together
with closing prices for Devon and WPX on Sept. 25, 2020, results in
an enterprise value for the combined entity of approximately $12
billion.
Upon completion of the transaction, Devon shareholders will own
approximately 57 percent of the combined company and WPX
shareholders will own approximately 43 percent of the combined
company on a fully diluted basis.
The transaction, which is expected to close in the first quarter
of 2021, has been unanimously approved by the boards of directors
of both companies. Funds managed by EnCap Investments L.P. own
approximately 27 percent of the outstanding shares of WPX and have
entered into a support agreement to vote in favor of the
transaction. The closing of the transaction is subject to customary
closing conditions, including approvals by Devon and WPX
shareholders.
CEO COMMENTARY
“This merger is a transformational event for Devon and WPX as we
unite our complementary assets, operating capabilities and proven
management teams to maximize our business in today’s environment,
while positioning our combined company to create value for years to
come,” said Dave Hager, Devon’s president and CEO.
“Bringing together our asset bases will drive immediate
synergies and enable the combined company to accelerate free cash
flow growth and return of capital to shareholders. In addition to
highly complementary assets, Devon and WPX have similar values, and
a disciplined returns-oriented focus, reinforcing our belief that
this is an ideal business combination,” Hager added.
“This merger-of-equals strengthens our confidence that we will
achieve all of our five-year targets outlined in late 2019,” said
Rick Muncrief, WPX’s chairman and CEO.
“The combined company will be one of the largest unconventional
energy producers in the U.S. and with our enhanced scale and strong
financial position, we can now accomplish these objectives for
shareholders more quickly and efficiently. We will create value for
shareholders of both companies through the disciplined management
of our combined assets and an unwavering focus on profitable,
per-share growth,” Muncrief added.
STRATEGIC RATIONALE
- Accelerates cash-return business model – The merger
accelerates Devon’s transition to a business model that prioritizes
free cash flow generation over production growth. With this highly
disciplined strategy, management is committed to limiting
reinvestment rates to approximately 70 to 80 percent of operating
cash flow and restricting production growth to 5 percent or less
annually. Free cash flow will be deployed toward higher dividends,
debt reduction and opportunistic share repurchases.
- Immediately accretive to financial metrics – The
transaction is expected to be immediately accretive to all relevant
per-share metrics in the first year, including: earnings, cash
flow, free cash flow, and net asset value, as well as accretive to
return on invested capital. The combination is also expected to
enhance the company’s credit profile and decrease its overall cost
of capital.
- Maintains strong balance sheet and liquidity – The
all-stock transaction ensures the combined company will retain a
strong balance sheet with a pro forma net debt-to-EBITDAX ratio of
1.6x on a trailing 12-month basis and is targeting a leverage ratio
of approximately 1.0x over the longer term. The combined company
will also have excellent liquidity with approximately $1.7 billion
of cash on hand and $3 billion of undrawn capacity on its credit
facility expected at closing.
- Increases scale and diversification – The transaction
creates one of the largest unconventional oil producers in the U.S.
with production of 277,000 barrels per day. The combined company
will benefit from a premier multi-basin portfolio, headlined by the
world-class acreage position in the Delaware Basin that is 400,000
net acres and accounts for nearly 60 percent of the combined
company’s total oil production. The Delaware Basin acreage is
geographically diversified between southeast New Mexico and Texas,
with only 35 percent of the leasehold on federal land. The
consolidated Delaware footprint provides a multi-decade inventory
of high-return opportunities at combined activity levels of 17
drilling rigs. The balance of the portfolio will be diversified
across high-margin, high-return resource plays in the Anadarko
Basin, Williston Basin, Eagle Ford Shale and Powder River
Basin.
- Drives significant cost synergies – Cost savings from
initiatives underway in the second half of 2020 and synergies
resulting from the merger are expected to drive $575 million in
annual cash flow improvements by year-end 2021. These cost
improvements are expected to be attained through operational
efficiencies, general and administrative savings and reduced
financing expense. The net present value of these cost synergies
over the next 5 years equates to more than $2 billion of value. The
all-stock transaction structure allows shareholders of both Devon
and WPX to benefit from the cost synergies and significant upside
potential of the combined company.
- Supports implementation of a “fixed plus variable” dividend
strategy – With the business scaled to consistently generate
free cash flow, Devon is initiating a new dividend strategy that
pays a fixed dividend and evaluates a variable distribution on a
quarterly basis. The fixed dividend is paid quarterly at a rate of
$0.11 per share and the target payout is approximately 10 percent
of operating cash flow. In addition to the fixed quarterly
dividend, up to 50 percent of the remaining free cash flow on a
quarterly basis will be distributed to shareholders through a
variable distribution. This enhanced dividend strategy is effective
immediately upon close of the transaction.
- Shared commitment to ESG excellence – Both Devon and WPX
share an uncompromising commitment to ESG leadership, employee
safety and environmental responsibility. Consistent with this
commitment, the combined company will pursue measurable ESG
targets, including methane intensity reduction, and will have
progressive actions and practices in place to advance inclusion and
diversity. Further, ESG metrics will be incorporated into the
compensation structure and the board will monitor ESG goals and
results.
- Combines complementary cultures – Devon and WPX share
similar values and this combination is designed to optimize the
strengths of both companies’ operating philosophies to drive the
continued growth and success of the business.
LEADERSHIP AND HEADQUARTERS
Following the merger, the board of directors will consist of 12
members, 7 directors from Devon and 5 from WPX including the lead
independent director. Dave Hager will be appointed executive
chairman of the board, and Rick Muncrief will be named president
and CEO.
The combined company’s executive team will include Jeff Ritenour
as executive vice president and chief financial officer, Clay
Gaspar as executive vice president and chief operating officer,
David Harris as executive vice president and chief corporate
development officer, Dennis Cameron as executive vice president and
general counsel, and Tana Cashion as senior vice president of human
resources. The combined company will be headquartered in Oklahoma
City.
PRELIMINARY PRO FORMA 2021 OUTLOOK
Detailed forward-looking guidance for the full-year 2021 will be
provided upon closing of the transaction. Based on current supply
and demand dynamics, product inventory levels, and other leading
economic indicators, the company expects to design capital activity
plans to maintain base production.
The maintenance capital requirements to keep oil production flat
in 2021 versus 2020 fourth-quarter exit rates of greater than
280,000 barrels per day is estimated at approximately $1.7 billion.
Pro forma for cost synergies, these maintenance capital
requirements in 2021 are estimated to be funded at $33 WTI and
$2.75 Henry Hub pricing.
ADVISORS
J.P. Morgan Securities LLC is serving as financial advisor and
Skadden, Arps, Slate, Meagher & Flom LLP is serving as legal
advisor to Devon. Citi is serving as financial advisor and Kirkland
& Ellis LLP is serving as legal advisor to WPX. Vinson &
Elkins LLP is serving as legal advisor to EnCap Investments
L.P.
CONFERENCE CALL WEBCAST AND ADDITIONAL MATERIALS
Devon and WPX will discuss this transaction today on a
conference call and webcast at 7:30 a.m. Central Time (8:30 a.m.
Eastern Time). Institutional investors and analysts are invited to
participate in the call by dialing (833) 241-4259, or (647)
689-4210 for international calls using conference ID: 9744729.
Other interested parties, including individual investors,
members of the media and employees of Devon and WPX, are encouraged
to participate via webcast. The webcast may be accessed from
Devon's home page at www.devonenergy.com or WPX’s home page at
www.wpxenergy.com.
ABOUT THE COMPANIES
Devon Energy is a leading independent energy company engaged in
finding and producing oil and natural gas. Based in Oklahoma City
and included in the S&P 500, Devon operates in several of the
most prolific oil and natural gas plays in the U.S. with an
emphasis on achieving strong corporate-level returns and
capital-efficient cash-flow growth.
WPX is an independent energy producer with core positions in the
Permian and Williston basins. WPX’s production is approximately 80
percent oil/liquids and 20 percent natural gas. The company also
has an infrastructure portfolio in the Permian Basin. Visit
www.wpxenergy.com for more information.
ADDITIONAL INFORMATION AND WHERE TO FIND IT
In connection with the proposed merger (the “Proposed
Transaction”) of Devon Energy Corporation (“Devon”) and WPX Energy,
Inc. (“WPX”), Devon will file with the Securities and Exchange
Commission (the “SEC”) a registration statement on Form S-4 to
register the shares of Devon’s common stock to be issued in
connection with the Proposed Transaction. The registration
statement will include a document that serves as a prospectus of
Devon and a proxy statement of each of Devon and WPX (the “joint
proxy statement/prospectus”), and each party will file other
documents regarding the Proposed Transaction with the SEC.
INVESTORS AND SECURITY HOLDERS OF DEVON AND WPX ARE ADVISED TO READ
THE REGISTRATION STATEMENT, THE JOINT PROXY STATEMENT/PROSPECTUS,
INCLUDING ANY AMENDMENTS OR SUPPLEMENTS TO THOSE DOCUMENTS, AND ANY
OTHER RELEVANT DOCUMENTS THAT WILL BE FILED WITH THE SEC CAREFULLY
AND IN THEIR ENTIRETY WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL
CONTAIN IMPORTANT INFORMATION ABOUT DEVON, WPX, THE PROPOSED
TRANSACTION AND RELATED MATTERS. A definitive joint proxy
statement/prospectus will be sent to the stockholders of each of
Devon and WPX when it becomes available. Investors and security
holders will be able to obtain copies of the registration statement
and the joint proxy statement/prospectus and other documents
containing important information about Devon and WPX free of charge
from the SEC’s website when it becomes available. The documents
filed by Devon with the SEC may be obtained free of charge at
Devon’s website at www.devonenergy.com or at the SEC’s website at
www.sec.gov. These documents may also be obtained free of charge
from Devon by requesting them by mail at Devon, Attn: Investor
Relations, 333 West Sheridan Ave, Oklahoma City, OK 73102. The
documents filed by WPX with the SEC may be obtained free of charge
at WPX’s website at www.wpxenergy.com or at the SEC’s website at
www.sec.gov. These documents may also be obtained free of charge
from WPX by requesting them by mail at WPX, Attn: Investor
Relations, P.O. Box 21810, Tulsa, OK 74102.
PARTICIPANTS IN THE SOLICITATION
Devon, WPX and certain of their respective directors, executive
officers and other members of management and employees may be
deemed to be participants in the solicitation of proxies from
Devon’s and WPX’s stockholders with respect to the Proposed
Transaction. Information about Devon’s directors and executive
officers is available in Devon’s Annual Report on Form 10-K for the
2019 fiscal year filed with the SEC on February 19, 2020, and its
definitive proxy statement for the 2020 annual meeting of
shareholders filed with the SEC on April 22, 2020. Information
about WPX’s directors and executive officers is available in WPX’s
Annual Report on Form 10-K for the 2019 fiscal year filed with the
SEC on February 28, 2020 and its definitive proxy statement for the
2020 annual meeting of shareholders filed with the SEC on March 31,
2020. Other information regarding the participants in the proxy
solicitation and a description of their direct and indirect
interests, by security holdings or otherwise, will be contained in
the registration statement, the joint proxy statement/prospectus
and other relevant materials to be filed with the SEC regarding the
Proposed Transaction when they become available. Stockholders,
potential investors and other readers should read the joint proxy
statement/prospectus carefully when it becomes available before
making any voting or investment decisions.
NO OFFER OR SOLICITATION
This communication is not intended to and shall not constitute
an offer to sell or the solicitation of an offer to sell or the
solicitation of an offer to buy any securities or a solicitation of
any vote or approval, nor shall there be any sale of securities in
any jurisdiction in which such offer, solicitation or sale would be
unlawful prior to registration or qualification under the
securities laws of any such jurisdiction. No offer of securities
shall be made except by means of a prospectus meeting the
requirements of Section 10 of the Securities Act of 1933, as
amended.
FORWARD LOOKING STATEMENTS
This communication includes “forward-looking statements” as
defined by the SEC. Such statements include those concerning
strategic plans, Devon’s and WPX’s expectations and objectives for
future operations, as well as other future events or conditions,
and are often identified by use of the words and phrases such as
“expects,” “believes,” “will,” “would,” “could,” “continue,” “may,”
“aims,” “likely to be,” “intends,” “forecasts,” “projections,”
“estimates,” “plans,” “expectations,” “targets,” “opportunities,”
“potential,” “anticipates,” “outlook” and other similar
terminology. All statements, other than statements of historical
facts, included in this communication that address activities,
events or developments that Devon or WPX expects, believes or
anticipates will or may occur in the future are forward-looking
statements. Such statements are subject to a number of assumptions,
risks and uncertainties, many of which are beyond Devon’s and WPX’s
control. Consequently, actual future results could differ
materially from Devon’s and WPX’s expectations due to a number of
factors, including, but not limited to: the risk that Devon’s and
WPX’s businesses will not be integrated successfully; the risk that
the cost savings, synergies and growth from the Proposed
Transaction may not be fully realized or may take longer to realize
than expected; the diversion of management time on
transaction-related issues; the effect of future regulatory or
legislative actions on the companies or the industries in which
they operate, including the risk of new restrictions with respect
to hydraulic fracturing or other development activities on Devon’s
or WPX’s federal acreage or their other assets; the risk that the
credit ratings of the combined company or its subsidiaries may be
different from what the companies expect; the risk that Devon or
WPX may be unable to obtain governmental and regulatory approvals
required for the Proposed Transaction, or that required
governmental and regulatory approvals may delay the Proposed
Transaction or result in the imposition of conditions that could
reduce the anticipated benefits from the Proposed Transaction or
cause the parties to abandon the Proposed Transaction; the risk
that a condition to closing of the Proposed Transaction may not be
satisfied; the length of time necessary to consummate the Proposed
Transaction, which may be longer than anticipated for various
reasons; potential liability resulting from pending or future
litigation; changes in the general economic environment, or social
or political conditions, that could affect the businesses; the
potential impact of the announcement or consummation of the
Proposed Transaction on relationships with customers, suppliers,
competitors, management and other employees; the ability to hire
and retain key personnel; reliance on and integration of
information technology systems; the risks associated with
assumptions the parties make in connection with the parties’
critical accounting estimates and legal proceedings; the volatility
of oil, gas and natural gas liquids (NGL) prices; uncertainties
inherent in estimating oil, gas and NGL reserves; the impact of
reduced demand for our products and products made from them due to
governmental and societal actions taken in response to the COVID-19
pandemic; the uncertainties, costs and risks involved in Devon’s
and WPX’s operations, including as a result of employee misconduct;
natural disasters, pandemics, epidemics (including COVID-19 and any
escalation or worsening thereof) or other public health conditions;
counterparty credit risks; risks relating to Devon’s and WPX’s
indebtedness; risks related to Devon’s and WPX’s hedging
activities; competition for assets, materials, people and capital;
regulatory restrictions, compliance costs and other risks relating
to governmental regulation, including with respect to environmental
matters; cyberattack risks; Devon’s and WPX’s limited control over
third parties who operate some of their respective oil and gas
properties; midstream capacity constraints and potential
interruptions in production; the extent to which insurance covers
any losses Devon or WPX may experience; risks related to investors
attempting to effect change; general domestic and international
economic and political conditions, including the impact of
COVID-19; and changes in tax, environmental and other laws,
including court rulings, applicable to Devon’s and WPX’s
business.
In addition to the foregoing, the COVID-19 pandemic and its
related repercussions have created significant volatility,
uncertainty and turmoil in the global economy and Devon’s and WPX’s
industry. This turmoil has included an unprecedented
supply-and-demand imbalance for oil and other commodities,
resulting in a swift and material decline in commodity prices in
early 2020. Devon’s and WPX’s future actual results could differ
materially from the forward-looking statements in this
communication due to the COVID-19 pandemic and related impacts,
including, by, among other things: contributing to a sustained or
further deterioration in commodity prices; causing takeaway
capacity constraints for production, resulting in further
production shut-ins and additional downward pressure on impacted
regional pricing differentials; limiting Devon’s and WPX’s ability
to access sources of capital due to disruptions in financial
markets; increasing the risk of a downgrade from credit rating
agencies; exacerbating counterparty credit risks and the risk of
supply chain interruptions; and increasing the risk of operational
disruptions due to social distancing measures and other changes to
business practices. Additional information concerning other risk
factors is also contained in Devon’s and WPX’s most recently filed
Annual Reports on Form 10-K, subsequent Quarterly Reports on Form
10-Q, Current Reports on Form 8-K and other SEC filings.
Many of these risks, uncertainties and assumptions are beyond
Devon’s or WPX’s ability to control or predict. Because of these
risks, uncertainties and assumptions, you should not place undue
reliance on these forward-looking statements. Nothing in this
communication is intended, or is to be construed, as a profit
forecast or to be interpreted to mean that earnings per share of
Devon or WPX for the current or any future financial years or those
of the combined company will necessarily match or exceed the
historical published earnings per share of Devon or WPX, as
applicable. Neither Devon nor WPX gives any assurance (1) that
either Devon or WPX will achieve their expectations, or (2)
concerning any result or the timing thereof, in each case, with
respect to the Proposed Transaction or any regulatory action,
administrative proceedings, government investigations, litigation,
warning letters, consent decree, cost reductions, business
strategies, earnings or revenue trends or future financial
results.
All subsequent written and oral forward-looking statements
concerning Devon, WPX, the Proposed Transaction, the combined
company or other matters and attributable to Devon or WPX or any
person acting on their behalf are expressly qualified in their
entirety by the cautionary statements above. Devon and WPX assume
no duty to update or revise their respective forward-looking
statements based on new information, future events or
otherwise.
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version on businesswire.com: https://www.businesswire.com/news/home/20200928005207/en/
WPX MEDIA CONTACT: Kelly Swan (539) 573-4944
WPX INVESTOR CONTACT: David Sullivan (539) 573-9360
DEVON MEDIA CONTACT: Lisa Adams (405) 228-1732
DEVON ESG CONTACT: Chris Kirt (405) 552-8028
DEVON INVESTOR CONTACTS: Scott Coody, (405) 552-4735
Chris Carr, (405) 228-2496
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