Nichi-Iko Pharmaceutical Co., Ltd. Announces Results of Tender Offer to Purchase All of the Outstanding Shares of Common Stoc...
August 29 2016 - 7:58AM
Business Wire
Nichi-Iko Pharmaceutical Co., Ltd. (TSE:4541) (“Nichi-Iko” or
“Parent”) today announced the results of its tender offer to
purchase all of the outstanding shares of common stock of Sagent
Pharmaceuticals, Inc. (“Sagent”) (NASDAQ:SGNT) at $21.75 per share,
net to the holder in cash, without interest, less any applicable
withholding taxes. The tender offer was effected by Nichi-Iko’s
wholly-owned subsidiary, Shepard Vision, Inc. (the
“Purchaser”).
The depositary for the tender offer has advised Nichi-Iko and
Sagent that, as of the expiration of the tender offer at one minute
following 11:59 p.m. (12:00 a.m.), New York City time, on August
26, 2016, a total of 28,229,440 shares of Sagent common stock had
been validly tendered and not withdrawn, representing approximately
85.6 percent of Sagent’s outstanding shares of common stock. In
addition, the depositary advised that Notices of Guaranteed
Delivery have been delivered with respect to 589,169 additional
shares of common stock, representing approximately 1.8 percent of
Sagent’s outstanding shares of common stock. All shares of common
stock that were validly tendered and not validly withdrawn during
the offer period have been accepted for payment.
All conditions to the tender offer have now been satisfied and
Nichi-Iko, through Purchaser, intends to complete its acquisition
of Sagent as soon as practicable through a merger under Section
251(h) of the General Corporation Law of the State of Delaware
(“DGCL”). In connection with the merger, each share of common stock
of Sagent not tendered in the tender offer (other than shares of
common stock held by Sagent, Nichi-Iko or Purchaser or any of their
respective subsidiaries and other than shares of common stock held
by Sagent stockholders who are entitled and have properly demanded
appraisal in connection with the merger under Section 262 of the
DGCL) will be converted into the right to receive $21.75 per share,
net to the holder in cash, without interest, less any applicable
withholding taxes, the same price per share paid in the tender
offer.
Following the merger, the shares of Sagent common stock will be
delisted and will cease to trade on NASDAQ.
Cautionary Statement Regarding Forward-Looking
Statements:
To the extent that statements contained in this communication
are not descriptions of historical facts, including those relating
to the potential effects and benefits of the transaction on both
Parent and Sagent, they are forward-looking statements, reflecting
the current beliefs, certain assumptions and current expectations
of managements and should be evaluated as such. These statements
may be identified by words such as “anticipate,” “expect,”
“suggest,” “plan,” “believe,” “intend,” “estimate,” “target,”
“project,” “could,” “should,” “may,” “will,” “would,” “continue,”
“forecast,” and other similar expressions. Forward-looking
statements in this communication involve substantial risks and
uncertainties that could cause actual results to differ
significantly from those expressed or implied by the
forward-looking statements, including but not limited to, the
satisfaction of the conditions to the consummation of the proposed
transaction, the timing of the completion of the proposed
transaction and the potential impact of the consummation of the
proposed transaction on Parent’s and Sagent’s important
relationships, including with employees, suppliers and customers.
For a further description of the risks and uncertainties that could
cause actual results to differ from those expressed in these
forward-looking statements, as well as risks relating to Sagent’s
business in general, see Sagent’s Form 10-K for the year ended
December 31, 2015, subsequent reports on Form 10 Q and 8-K, and
other filings by Sagent with the U.S. Securities and Exchange
Commission (“SEC”). Further, forward-looking statements speak only
as of the date they are made, and neither Parent nor Sagent
undertakes any obligation to update or revise any forward-looking
statements to reflect changed assumptions, the occurrence of
unanticipated events or changes to future operating results over
time, except as required by law. All written and oral
forward-looking statements attributable to Parent or Sagent or
persons acting on their behalf are qualified in their entirety by
these cautionary statements.
Important Information
This communication is for informational purposes only, and it
does not constitute an offer to purchase or a solicitation of an
offer to sell shares or any other securities. The offer was made
pursuant to a Tender Offer Statement on Schedule TO filed by
Purchaser and Parent with the SEC on August 1, 2016. Sagent filed a
Solicitation/Recommendation Statement on Schedule 14D-9 with the
SEC with respect to the Offer on August 1, 2016. Both the Tender
Offer Statement on Schedule TO (which includes the Offer to
Purchaser, the related letter of transmittal and other tender offer
documents) and the Solicitation/Recommendation Statement on
Schedule 14D-9 were mailed to holders of shares at no expense to
them. Investors and Sagent stockholders may also obtain free copies
of the Schedule TO and Schedule 14D-9, as each may be amended or
supplemented from time to time, and other documents filed by the
parties at the SEC’s website at www.sec.gov, by contacting Okapi
Partners LLC, the information agent for the Offer at the address
and telephone number set forth below or by contacting Michael Ward,
Sagent’s Chief Legal Officer and Corporate Secretary either by
telephone at (847) 908-1600 or by e-mail at
legal@sagentpharma.com.
The Information Agent for the Offer is:
Okapi Partners LLC1212 Avenue of the Americas, 24th FloorNew
York, NY 10036Banks and Brokers, Call: (212) 297-0720All Others,
Call Toll-Free: (877) 566-1922Email: info@okapipartners.com
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version on businesswire.com: http://www.businesswire.com/news/home/20160829005493/en/
For Nichi-Iko Pharmaceutical Co., Ltd:Sard Verbinnen
& CoJamie Tully / Robin Weinberg / Danya Al-Qattan,
212-687-8080
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