Smithfield Foods Announces $500 Million Senior Secured Notes Offering and Begins Arrangement of a New $1 Billion Credit Facility
June 25 2009 - 7:30AM
PR Newswire (US)
SMITHFIELD, Virginia, June 25 /PRNewswire-FirstCall/ -- Smithfield
Foods, Inc. (NYSE:SFD) announced today that it is initiating an
offering, subject to market and other conditions, of $500 million
of senior secured notes due 2014. The company intends to use the
proceeds from the notes offering to repay certain indebtedness and
for other general corporate purposes. The notes will be offered and
sold to qualified institutional buyers in the United States
pursuant to Rule 144A and outside the United States pursuant to
Regulation S under the Securities Act of 1933. The notes will be
guaranteed by substantially all of the U.S. subsidiaries of the
company. The notes and guarantees will be secured by first-priority
liens, subject to permitted liens and exceptions for excluded
assets, in substantially all of the company's and its subsidiary
guarantors' fixed assets, including certain real property, fixtures
and equipment and tangible personal property, and by
second-priority liens, subject to permitted liens, in substantially
all of the company's and its subsidiary guarantors' cash and cash
equivalents, certain material intellectual property, the common
equity of the subsidiary guarantors, inventory, accounts receivable
and other personal property relating to such inventory and accounts
receivable. The Company also has begun arranging a new $1 billion
asset-based credit facility. The new credit facility will replace
the company's existing U.S. revolving credit facility and will
include an option, subject to certain conditions, to increase
available commitments to $1.3 billion in the future. Similar to the
notes, the new credit facility will be guaranteed by substantially
all of the U.S. subsidiaries of the company. The new credit
facility will be secured by first-priority liens, subject to
permitted liens and exceptions for excluded assets, in
substantially all of the company's and its subsidiary guarantors'
cash and cash equivalents, certain material intellectual property,
the common equity of substantially all of the U.S. subsidiaries,
inventory, accounts receivable and other personal property relating
to such inventory and accounts receivable and certain other assets,
and by second-priority liens, subject to permitted liens, in the
assets in which the notes being offered will have a first priority
lien. The Company also is negotiating a new $200 million term loan
expected to mature in August 2013 to replace its existing $200
million term loan that matures in August 2011. The new term loan
would be guaranteed and secured on the same basis as the new senior
secured notes. The sale of the notes and closing of the new credit
facility and new term loan are expected to be consummated in early
July 2009, subject to market and other customary conditions. The
notes have not been registered under the Securities Act of 1933 or
any state securities laws and may not be offered or sold in the
United States absent registration or an applicable exemption from
the registration requirements of the Securities Act of 1933 and
applicable state laws. This press release shall not constitute an
offer to sell or a solicitation of an offer to purchase the notes
or any other securities, and shall not constitute an offer,
solicitation or sale in any state or jurisdiction in which such an
offer, solicitation or sale would be unlawful. This press release
is being issued pursuant to and in accordance with Rule 135c under
the Securities Act of 1933. Smithfield Foods is the world's largest
pork processor and hog producer, with revenues exceeding $12
billion in fiscal 2009. For more information, visit
http://www.smithfieldfoods.com/. This news release contains
"forward-looking" statements within the meaning of the federal
securities laws. The forward-looking statements includes statements
concerning the Company's outlook for the future, as well as other
statements of beliefs, future plans and strategies or anticipated
events, and similar expressions concerning matters that are not
historical facts. The Company's forward-looking information and
statements are subject to risks and uncertainties that could cause
actual results to differ materially from those expressed in, or
implied by, the statements. These risks and uncertainties include
the ability to consummate the transactions described in this press
release, availability and prices of live hogs and cattle, raw
materials, fuel and supplies, food safety, livestock disease, live
hog production costs, product pricing, the competitive environment
and related market conditions, the inability to refinance or
otherwise amend our existing indebtedness on terms favorable to us
or at all, hedging risk, operating efficiencies, changes in
interest rate and foreign currency exchange rates, access to
capital, the investment performance of the Company's pension plan
assets and the availability of legislative funding relief, the cost
of compliance with environmental and health standards, adverse
results from on-going litigation, actions of domestic and foreign
governments, labor relations issues, credit exposure to large
customers, the ability to make effective acquisitions and
successfully integrate newly acquired businesses into existing
operations, the Company's ability to effectively restructure
portions of its operations and achieve cost savings from such
restructurings and other risks and uncertainties described in the
Company's Annual Report on Form 10-K for fiscal 2009. Readers are
cautioned not to place undue reliance on forward-looking statements
because actual results may differ materially from those expressed
in, or implied by, the statements. Any forward-looking statement
that the Company makes speaks only as of the date of such
statement, and the Company undertakes no obligation to update any
forward-looking statements, whether as a result of new information,
future events or otherwise. Comparisons of results for current and
any prior periods are not intended to express any future trends or
indications of future performance, unless expressed as such, and
should only be viewed as historical data. DATASOURCE: Smithfield
Foods, Inc. CONTACT: Keira Ullrich of Smithfield Foods, Inc.,
+1-212-758-2100, Web Site: http://www.smithfieldfoods.com/
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