Devon Energy Corporation (“Devon”) (NYSE: DVN) and WPX Energy,
Inc. (“WPX”) (NYSE: WPX) today announced the shareholders of both
companies voted in favor of all proposals necessary for the closing
of the previously announced all-stock merger of equals between
Devon and WPX. The merger is anticipated to close on January 7,
2021.
At the special meeting of Devon shareholders held today, more
than 70 percent of the shares of Devon common stock were
represented, and more than 99 percent of the votes cast were in
favor of the transaction. At the special meeting of WPX
shareholders held today, more than 87 percent of the shares of WPX
common stock were represented, and more than 99 percent of the
votes cast were in favor of the transaction.
“We are pleased with the strong support we received from both
companies’ shareholders,” said Dave Hager, Devon’s president and
CEO. “This is an important milestone as we move toward uniting our
complementary assets to create a leading U.S. energy company, with
a focus on accelerating free cash flow growth and the return of
capital to shareholders.”
“Today’s overwhelmingly positive support from both Devon and WPX
stockholders reflects what an outstanding opportunity this is to
maximize our businesses, drive synergies and accomplish our
objectives for shareholders,” said Rick Muncrief, WPX’s chairman
and CEO.
“Together, we’ll be one of the strongest oil producers in the
U.S., differentiated by our unwavering focus on profitable,
per-share growth and commitment to deliver top-tier ESG
performance. We look forward to joining forces with Devon to
deliver sustainable results and unlock the value of this
combination for shareholders.”
Devon and WPX will each file the final vote results for their
respective special meetings on a Form 8-K with the U.S. Securities
and Exchange Commission (the “SEC”).
Under the terms of the merger 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.
ABOUT DEVON ENERGY
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 returns and capital-efficient
cash-flow growth. For more information, please visit
www.devonenergy.com.
ABOUT WPX ENERGY
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 has filed 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 includes a document that serves as a prospectus of Devon
and a joint 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. The
registration statement on Form S-4, as amended, was declared
effective by the SEC on November 24, 2020, and Devon and WPX mailed
the joint proxy statement/prospectus to their respective
stockholders on or about November 30, 2020. 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 BECAUSE THEY DO AND WILL CONTAIN IMPORTANT
INFORMATION ABOUT DEVON, WPX, THE PROPOSED TRANSACTION AND RELATED
MATTERS. Investors and security holders may 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. 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, is contained in the
joint proxy statement/prospectus. Stockholders, potential investors
and other readers should read the joint proxy statement/prospectus
carefully 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/20201230005335/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 INVESTOR
CONTACTS: Scott Coody, (405) 552-4735 Chris Carr, (405)
228-2496
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