Deerfield Triarc Capital Corp. to Acquire Deerfield & Company LLC
December 18 2007 - 10:46AM
PR Newswire (US)
* Acquisition Will Significantly Diversify Existing Business and
Sources of Income CHICAGO, Dec. 18 /PRNewswire-FirstCall/ --
Deerfield Triarc Capital Corp. (NYSE:DFR) Deerfield Triarc Capital
Corp. (NYSE: DFR or "DFR") announced today that it has signed a
definitive agreement to acquire Deerfield & Company LLC
("Deerfield"), a Chicago-based fixed income asset manager and DFR's
external manager, from Triarc Companies, Inc. (NYSE: TRY; TRY.B or
"Triarc") and minority interest holders. The transaction, which is
subject to satisfaction of certain closing conditions, is expected
to close prior to year-end 2007. The total aggregate consideration
to be paid to Triarc and other members of Deerfield consists of
approximately $75 million aggregate principal amount of five-year
senior secured notes bearing an initial interest rate of LIBOR plus
500 basis points and 15 million shares of newly issued DFR Series A
cumulative convertible preferred stock that will be converted on a
one-for-one basis into DFR common stock upon the approval of the
DFR shareholders. It is currently expected that a DFR special
shareholder meeting will be held in the first quarter of 2008 for
the purpose of approving the conversion of the preferred stock into
DFR common stock. If the shareholders approve the conversion of the
preferred stock into common stock, Triarc would own approximately
16% of DFR's outstanding common stock. As previously announced, in
October 2007, the parties mutually terminated a prior April 2007
acquisition agreement because of instability in the credit markets
and an inability to complete on acceptable terms the financing
necessary to consummate DFR's acquisition of Deerfield contemplated
by the April 2007 agreement. By acquiring Deerfield, DFR will
internalize its investment manager, which should enhance the
efficiency of its cost structure. In Deerfield, DFR is acquiring a
leading fixed income asset manager with a diversified revenue and
fee income stream. These factors create the potential for capital
appreciation for DFR shareholders through increased earnings,
higher return on equity (ROE) and multiple expansion. Deerfield's
brand positioning as an alternative investment manager should also
be enhanced by the combination, thereby providing DFR with greater
access to two key business ingredients: additional capital and new
talent. Jonathan Trutter, Chief Executive Officer, Robert Grien,
President and Richard Smith, Chief Financial Officer, will continue
in their current roles at DFR. Members of Deerfield's portfolio
teams are also expected to remain with the combined company. Upon
the consummation of the transaction, DFR will be renamed Deerfield
Capital Corp. With offices in Chicago, New York and London,
Deerfield is an SEC-registered fixed income alternative asset
manager. Deerfield specializes in credit and structured investment
products, with teams dedicated to bank loans, corporate debt
securities, asset-backed securities, government arbitrage, real
estate finance and leveraged finance. As of November 1, 2007,
Deerfield had approximately $15.4 billion (including $718 million
of capital relating to DFR) in assets under management. "We are
excited about the opportunity to internalize our asset manager,"
said Jonathan Trutter, Chief Executive Officer of Deerfield Triarc
Capital Corp. "With the addition of Deerfield, we will transition
to an internally managed structure and become a more diversified
financial services company generating both fee-based revenue from
Deerfield's alternative asset platform, as well as risk-adjusted
spread income from our investment portfolio." A special committee
of the Board of Directors of DFR, consisting solely of independent
directors, negotiated and approved, and recommended that the Board
of Directors approve, the terms of the transaction. Financial
advisors for the DFR Special Committee were Bear, Stearns & Co.
Inc. and Houlihan Lokey Howard & Zukin, each of which provided
a fairness opinion on the Deerfield acquisition. Weil, Gotshal
& Manges LLP acted as principal legal advisor to the DFR
Special Committee, and Hogan & Hartson LLP advised the DFR
special committee on Maryland law issues. Fourth Quarter Dividend
of $0.42 Per Share Announced DFR also announced today that its
Board of Directors declared a cash dividend of $0.42 per share on
the company's common stock for the fourth quarter of 2007. The
record date for the cash dividend is December 28, 2007, and the
payment date will be January 29, 2008. Peter May Joins Board of
Directors DFR also announced today that Nelson Peltz resigned from
its Board of Directors, effective immediately, and that the Board
of Directors unanimously has chosen Peter W. May, Vice Chairman of
Triarc and President and Founding Partner of Trian Fund Management
LP, to fill the vacancy created by Mr. Peltz's resignation.
Conference Call The company will host a conference call for
investors and other interested parties today, Tuesday, December 18,
2007, at 11:30 a.m. Eastern Time. The conference call will be
accessible by telephone and through the Internet. Interested
individuals are invited to access the call by dialing 888-684-1280.
To participate on the webcast, log on to the company's website at
http://www.deerfieldtriarc.com/ 15 minutes before the call to
download the necessary software. A presentation will also be
available on DFR's website under "Stockholder Info.",
"Presentations & Supplemental Info." In addition, a taped
rebroadcast will be available beginning one hour following the
completion of the call, and will continue through December 25. To
access the rebroadcast, dial 888-203-1112 and request reservation
number 3465898. A replay of the call will also be available on the
Internet at http://www.deerfieldtriarc.com/ for 30 days. About the
Company DFR is a diversified financial company formed to invest in
real estate-related securities and various other asset classes. DFR
has elected and intends to continue to qualify to be taxed as a
real estate investment trust, or REIT, for federal income tax
purposes. DFR's objective is to provide attractive returns to
investors through a combination of dividends and capital
appreciation, which DFR intends to achieve by opportunistically
investing in financial assets and to construct an investment
portfolio appropriately leveraged to seek attractive risk-adjusted
returns. The asset classes DFR may invest in are as follows: Asset
Class Principal Investments Real Estate-Related Securities
Residential mortgage-backed securities (RMBS) and Commercial
mortgage-backed securities (CMBS) Other Asset-backed Securities
Collateralized debt obligations Consumer ABS Loans and Related
Derivatives Senior Secured and Unsecured Loans Credit Default Swaps
on Senior Secured Loans Leveraged Finance Instruments Corporate
Mezzanine Loans High Yield Corporate Bonds Distressed and Stressed
Debt Securities Private Equity Investments In addition, DFR may
invest opportunistically in other types of investments, including
investment grade corporate bonds and related derivatives,
government bonds and related derivatives, and other fixed income
related instruments. Forward Looking Statements Certain statements
in this press release are forward-looking as defined by the Private
Securities Litigation Reform Act of 1995. These include statements
as to such things as future capital expenditures, growth, business
strategy and the benefits of the merger with Deerfield (the
"Merger"), including future financial and operating results, cost
savings, enhanced revenues and the accretion/dilution to reported
earnings that may be realized from the Merger as well as other
statements of expectations regarding the effect of the Merger and
any other statements regarding future results or expectations. Such
forward-looking statements are based on facts and conditions as
they exist at the time such statements are made. Forward-looking
statements are also based on predictions as to future facts and
conditions the accurate prediction of which may be difficult and
involve the assessment of events beyond our control. The
forward-looking statements are further based on various operating
assumptions. Caution must be exercised in relying on
forward-looking statements. Due to known and unknown risks, actual
results may differ materially from expectations or projections. We
do not undertake any obligation to update any forward-looking
statement, whether written or oral, relating to matters discussed
in this press release. The following factors, among others, could
cause actual results to differ materially from those described in
the forward-looking statements: Relating to the Merger: * DFR's
ability to integrate the businesses of DFR and Deerfield
successfully and the amount of time and expense spent and incurred
in connection with the integration; * the ability to realize the
economic benefits that DFR anticipates as a result of the Merger; *
federal income tax liability as a result of owning Deerfield and
DCM through taxable REIT subsidiaries and the effect of DFR's
acquisition of Deerfield on its ability to continue to qualify as a
REIT; * the impact of owning Deerfield on DFR's ability to rely on
an exemption from registration under the Investment Company Act of
1940; * the limitations or restrictions imposed on DCM's investment
and management services as a result of DFR's ownership of DCM; *
the impact of the issuance of $75 million of Senior Secured Notes
as partial consideration for the Merger, including its impact on
DFR's liquidity, ability to raise additional capital and financial
condition; and * the impact of the issuance of the Series A
Preferred Stock in connection with the Merger and its conversion
into common stock if approved by DFR's stockholders, which may
include dilution of the ownership of our common stock negatively
impacting its market price. Relating to the ongoing operation of
DFR: * higher or lower than expected prepayment rates on the
mortgages underlying DFR's mortgage securities holdings; * DFR's
inability to obtain favorable interest rates, margin or other terms
on the financing that is needed to leverage DFR's mortgage
securities and other positions; * increased rates of default on
DFR's loan portfolio (which risk rises as the portfolio seasons),
and decreased recovery rates on defaulted loans; * flattening or
inversion of the yield curve (short term interest rates increasing
at a greater rate than longer term rates), reducing DFR's net
interest income on its financed mortgage securities positions; *
DFR's inability adequately to hedge its holdings sensitive to
changes in interest rates; * narrowing of credit spreads, thus
decreasing DFR's net interest income on future credit investments
(such as bank loans); * changes in REIT qualification requirements,
making it difficult for DFR to conduct its investment strategy; *
lack of availability of qualifying real estate-related investments;
* DFR's inability to continue to issue collateralized debt
obligation vehicles (which can provide DFR with attractive
financing for debt securities investments); * adverse changes in
accounting principles, tax law, or legal/regulatory requirements; *
competition with other REITs for those investments that are limited
in supply; * changes in the general economy or debt markets in
which DFR invests; * failure to comply with applicable laws and
regulations; * limitations and restrictions contained in
instruments and agreements governing indebtedness and preferred
stock, including the Series A Preferred Stock; * ability to raise
additional capital and secure additional financing; * ability to
structure long-term incentives and retain key employees; *
liability resulting from actual or potential future litigation; *
the costs, uncertainties and other effects of legal and
administrative proceedings, including a current inquiry by the
Securities and Exchange Commission; * competition and the impact of
competition; and * actions of domestic and foreign governments and
the effect of war or terrorist activity. Relating to the ongoing
operation of DCM: * significant reductions in DCM's client assets
under management (which would reduce DCM's advisory fee revenue),
due to such factors as weak performance of its investment products
(either on an absolute basis or relative to its competitors or
other investment strategies), substantial illiquidity or price
volatility in the fixed income instruments that DCM trades, loss of
key portfolio management or other personnel (or lack of
availability of additional key personnel if needed for expansion),
reduced investor demand for the types of investment products DCM
offers, loss of investor confidence due to adverse publicity, and
non-renewal or early termination of investment management
agreements; * pricing pressure on the advisory fees that DCM can
charge for its investment advisory services; * difficulty in
increasing assets under management, or efficiently managing
existing assets, due to market-related constraints on trading
capacity, inability to hire the necessary additional personnel or
lack of potentially profitable trading opportunities; * DCM's
removal as investment advisor of one or more of the collateralized
debt obligation vehicles or other accounts DCM manages, or the
reduction in DCM's CDO or CLO management fees because of payment
defaults by issuers of the underlying collateral or the triggering
of certain structural protections built into CDOs or CLOs; *
availability, terms (including changes in interest rates) and
effective deployment of capital; * changes in legal or
self-regulatory requirements, including investment management
regulations and accounting standards; * the costs, uncertainties
and other effects of legal and administrative proceedings,
including a current inquiry by the Securities and Exchange
Commission; and * the impact of general economic conditions on
consumer spending or securities investing, including a slower
consumer economy and the effects of war or terrorist activities.
These and other factors that could cause DFR's actual results to
differ materially from those described in the forward-looking
statements are set forth in DFR's annual report on Form 10-K for
the year ended December 31, 2006 and in DFR's other public filings
with the SEC and public statements by DFR. Readers of this press
release are cautioned to consider these risks and uncertainties and
not to place undue reliance on any forward-looking statements.
Additional Information About the Conversion of Preferred Stock and
Where to Find It In connection with the special shareholder meeting
to vote on the conversion of the DFR Series A cumulative
convertible preferred stock into shares of DFR common stock, DFR
will file a proxy statement with the Securities and Exchange
Commission (SEC). STOCKHOLDERS ARE URGED TO READ THE PROXY
STATEMENT FILED WITH THE SEC CAREFULLY AND IN ITS ENTIRETY WHEN IT
BECOMES AVAILABLE BECAUSE IT WILL CONTAIN IMPORTANT INFORMATION
ABOUT THE PROPOSED CONVERSION. The definitive proxy statement will
be mailed to DFR's stockholders. In addition, stockholders will be
able to obtain the proxy statement and all other relevant documents
filed by DFR with the SEC free of charge at the SEC's Web site
http://www.sec.gov/ or from Deerfield Triarc Capital Corp., Attn:
Investor Relations, One O'Hare Center, 9th Floor, 6250 North River
Road. Rosemont, Illinois 60018. 773-380-1600. Participants in the
Solicitation DFR's directors, executive officers and other members
of management and employees may be deemed to be participants in the
solicitation of proxies from the stockholders of the company in
favor of the conversion of DFR Series A cumulative convertible
preferred stock into shares of DFR common stock. Information about
DFR and its directors and executive officers, and their ownership
of the company's securities and interests in the conversion, will
be set forth in the aforementioned proxy statement. Additional
information regarding the interests of those persons may be
obtained by reading the proxy statement when it becomes available.
DATASOURCE: Deerfield Triarc Capital Corp. CONTACT: Richard G.
Smith, Chief Financial Officer of Deerfield Triarc Capital Corp.,
+1-773-380-6587; or Analyst Inquiries, Leslie Loyet of Financial
Relations Board, +1-312-640-6672, for Deerfield Triarc Capital
Corp. Web site: http://www.deerfieldtriarc.com/
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