OREANDA-NEWS. December 29, 2015. The AES Corporation (NYSE:AES) announced today the commencement of
tender offers to purchase (each offer a “Tender Offer” and collectively,
the “Tender Offers”) for cash, subject to certain terms and conditions,
up to a total of \\$250 million aggregate principal amount of its
outstanding 7.375% senior notes due 2021 (the “2021 Notes”), 4.875%
senior notes due 2023 (the “2023 Notes”), 5.500% senior notes due 2024
(the “2024 Notes”) and 5.500% senior notes due 2025 (the “2025 Notes”
and, together with the 2021 Notes, 2023 Notes and the 2024 Notes, the
“Securities”).
The Tender Offers are scheduled to expire at 11:59 p.m., New York City
time, on January 26, 2016 (the “Expiration Date”), unless extended or
earlier terminated by AES. The Tender Offers are being made pursuant to
an Offer to Purchase dated December 28, 2015 and a related Letter of
Transmittal dated December 28, 2015 (together, the “Tender Offer
Materials”), which set forth a more detailed description of the Tender
Offers. Holders of the Securities are urged to carefully read the Tender
Offer Materials before making any decision with respect to the Tender
Offers.
The principal amount of the Securities to be purchased pursuant to the
Tender Offers is up to \\$250,000,000 (the “Tender Cap Amount”), subject
to the acceptance priority level set forth in the table below (the
“Acceptance Priority Level”). As discussed in more detail in the Tender
Offer Materials, AES reserves the right, but is under no obligation, to
increase or decrease the Tender Cap Amount, at any time, subject to
compliance with applicable law.
The following table sets forth certain terms of the Tender Offers:
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Dollars per \\$1,000 Principal
Amount of Securities
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Title of Security
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CUSIP Number
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Principal Amount Outstanding
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Acceptance Priority Level
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Tender Offer Consideration(1)
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Early Tender Premium
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Total Consideration(1)(2)
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4.875% Senior Notes due 2023
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00130HBT1
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\\$750,000,000
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1
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\\$840.00
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\\$30.00
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\\$870.00
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5.500% Senior Notes due 2025
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00130HBW4
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\\$575,000,000
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2
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\\$850.00
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\\$30.00
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\\$880.00
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5.500% Senior Notes due 2024
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00130HBU8
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\\$750,000,000
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3
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\\$860.00
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\\$30.00
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\\$890.00
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7.375% Senior Notes due 2021
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00130HBS3, 00130HBR5 (144A)
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\\$1,000,000,000
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4
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\\$985.00
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\\$30.00
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\\$1,015.00
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(1) Excludes accrued and unpaid interest up to, but not
including, the applicable Settlement Date, which will be paid in
addition to the Tender Offer Consideration or Total Consideration, as
applicable.
(2) Includes the Early Tender Premium.
The total consideration (the “Total Consideration”) payable for each
\\$1,000 principal amount of Securities validly tendered at or prior to
5:00 p.m., New York City time, on January 11, 2016 (such date and time,
as it may be extended, the “Early Tender Date”) and accepted for
purchase pursuant to the Tender Offers will be the applicable total
consideration for such series of Securities set forth in the table
above. The Total Consideration includes the early tender premium for
such series of Securities also set forth in the table above (the “Early
Tender Premium”). Holders must validly tender and not subsequently
validly withdraw their Securities at or prior to the Early Tender Date
in order to be eligible to receive the Total Consideration for such
Securities purchased in the Tender Offers.
Subject to the terms and conditions of the Tender Offers, each Holder
who validly tenders and does not subsequently validly withdraw their
Securities at or prior to the Early Tender Date will be entitled to
receive the Total Consideration, plus accrued and unpaid interest up to,
but not including, the applicable Settlement Date (as defined below) if
and when such Securities are accepted for payment. Holders who validly
tender their Securities after the Early Tender Date but at or prior to
the Expiration Date will be entitled to receive only the tender offer
consideration equal to the applicable Total Consideration less the Early
Tender Premium (the “Tender Offer Consideration”), plus accrued and
unpaid interest up to, but not including, the applicable Settlement
Date, if and when such Securities are accepted for payment.
AES reserves the right but is under no obligation, at any point
following the Early Tender Date and before the Expiration Date, to
accept for purchase any Securities validly tendered at or prior to the
Early Tender Date (the date of such purchase, the “Early Settlement
Date”). The Early Settlement Date will be determined at AES’ option and
is currently expected to occur on the first business day following the
Early Tender Date, subject to all conditions to the Tender Offers having
been satisfied or waived. The expected Early Settlement Date is January
12, 2016, unless extended by AES, assuming all conditions to the Tender
Offers have been satisfied or waived. Irrespective of whether AES
chooses to exercise its option to have an Early Settlement Date, AES
will purchase any remaining Securities that have been validly tendered
at or prior to the Expiration Date and that it chooses to accept for
purchase, subject to the Tender Cap Amount, the application of the
Acceptance Priority Levels and all conditions to the Tender Offers
having been satisfied or waived by AES, on a date immediately following
the Expiration Date (the “Final Settlement Date” and each of the Early
Settlement Date and Final Settlement Date, a “Settlement Date”). The
Final Settlement Date is expected to occur on the first business day
following the Expiration Date, subject to all conditions to the Tender
Offers having been satisfied or waived by AES. The expected Final
Settlement Date is January 27, 2016, unless extended by AES, assuming
all conditions to the Tender Offers have been satisfied or waived.
To receive either the Total Consideration or the Tender Offer
Consideration, holders of the Securities must validly tender and not
validly withdraw their Securities prior to the Early Tender Date or the
Expiration Date, respectively. Securities tendered may be withdrawn from
the Tender Offers at or prior to, but not after, 5:00 p.m., New York
City time, on January 11, 2016, unless extended, by following the
procedures described in the Tender Offer Materials.
Subject to the Tender Cap Amount, the application of the Acceptance
Priority Levels and the other terms and conditions described in the
Tender Offer Materials, including AES’ right to increase or decrease the
Tender Cap Amount, AES intends to accept for payment all Securities
validly tendered at or prior to the Expiration Date, and will only
prorate the Securities if the aggregate amount of Securities of all
series validly tendered at or prior to the Early Tender Date or the
Expiration Date, as applicable, exceeds the Tender Cap Amount. The
amounts of each series of Securities that are purchased in the Tender
Offer will be determined in accordance with the Acceptance Priority
Levels set forth in the Offer to Purchase and referenced in the table
above, with 1 being the highest Acceptance Priority Level and 4 being
the lowest Acceptance Priority Level. At the applicable Settlement Date,
all Securities validly tendered and not validly withdrawn in the Tender
Offer having a higher (i.e., lower numerical) Acceptance Priority
Level will be accepted before any tendered Securities having a lower
Acceptance Priority Level are accepted in the Tender Offer. If the
aggregate principal amount of any Securities of a series tendered and
not validly withdrawn in the Tender Offer exceeds the amount of the
Tender Cap Amount remaining available for application, then, if any
Securities of such series are purchased, AES will accept such Securities
on a pro rata basis. In the event that Securities with a certain
Acceptance Priority Level are accepted on such a pro rata basis, no
series of Securities with a lower Acceptance Priority Level will be
accepted for payment.
If the Tender Offers are not fully subscribed as of the Early Tender
Date and we elect to have an Early Settlement Date, Holders who validly
tender Securities after the Early Tender Date may be subject to
proration, whereas Holders who validly tender Securities at or prior to
the Early Tender Date will not be subject to proration. In addition, if
the aggregate amount of Securities of all series validly tendered at or
prior to the Early Tender Date exceeds the Tender Cap Amount and we
elect to have an Early Settlement Date, Holders who validly tender
Securities after the Early Tender Date will not have any of their
Securities accepted for payment. However, in the event we do not elect
to have an Early Settlement Date and the aggregate amount of Securities
of all series validly tendered at or prior to the Final Settlement Date
exceeds the Tender Cap Amount, all Holders who validly tendered
Securities will be subject to proration, subject to the application of
the Acceptance Priority Levels. Securities which were not accepted for
purchase due to the Tender Cap Amount or the application of the
Acceptance Priority Levels may be accepted if we increase the Tender Cap
Amount, which we are entitled to do at our sole discretion, and such
increase is not fully met or exceeded by Securities validly tendered at
or prior to the Early Tender Date (in the event we elect to have an
Early Settlement Date) or by Securities purchased in a higher (i.e.,
lower numerical) Acceptance Priority Level. There can be no assurance
that we will increase the Tender Cap Amount.
The obligation of AES to accept for purchase and to pay either the Total
Consideration or Tender Offer Consideration and the accrued and unpaid
interest on the Securities pursuant to the Tender Offers is subject to
the Tender Cap Amount, the application of the Acceptance Priority Levels
and the satisfaction or waiver of certain conditions described in the
Tender Offer Materials.
AES has retained J.P. Morgan Securities LLC to serve as Dealer Manager
for the Tender Offers. Global Bondholder Services Corporation has been
retained to serve as the Information and Depositary Agent for the Tender
Offers. Questions regarding the Tender Offers may be directed to J.P.
Morgan Securities LLC at 383 Madison Avenue, New York, New York 10179;
Attn: Liability Management Group, (866) 834-4666 (toll-free), (212)
834-3424 (collect). Requests for the Tender Offer Materials may be
directed to Global Bondholder Services Corporation at 65 Broadway –
Suite 404, New York, New York 10006, Attn: Corporate Actions, (212)
430-3774 (for banks and brokers) or (866) 470-4200 (for all others).
AES is making the Tender Offers only by, and pursuant to, the terms of
the Tender Offer Materials. None of AES, the Dealer Manager, the
Information and Depositary Agent make any recommendation as to whether
Holders should tender or refrain from tendering their Securities.
Holders must make their own decision as to whether to tender Securities
and, if so, the principal amount of the Securities to tender. The Tender
Offers are not being made to holders of Securities in any jurisdiction
in which the making or acceptance thereof would not be in compliance
with the securities, blue sky or other laws of such jurisdiction. In any
jurisdiction in which the securities laws or blue sky laws require the
Tender Offers to be made by a licensed broker or dealer, the Tender
Offers will be deemed to be made on behalf of AES by the Dealer Manager,
or one or more registered brokers or dealers that are licensed under the
laws of such jurisdiction.
This press release does not constitute an offer to purchase securities
or a solicitation of an offer to sell any securities or an offer to sell
or the solicitation of an offer to purchase any new securities nor does
it constitute an offer or solicitation in any jurisdiction in which such
offer or solicitation is unlawful. Capitalized terms used in this press
release but not otherwise defined herein have the meanings assigned to
them in the Tender Offer Materials.
About AES
The AES Corporation (NYSE: AES) is a Fortune 200 global power company.
We provide affordable, sustainable energy to 18 countries through our
diverse portfolio of distribution businesses as well as thermal and
renewable generation facilities. Our workforce of 18,500 people is
committed to operational excellence and meeting the world’s changing
power needs. Our 2014 revenues were \\$17 billion and we own and manage
\\$39 billion in total assets. To learn more, please visit www.aes.com.
Follow AES on Twitter @TheAESCorp.
Safe Harbor Disclosure
This news release contains forward-looking statements within the meaning
of the Securities Act of 1933 and of the Securities Exchange Act of
1934. Forward-looking statements are not intended to be a guarantee of
future results, but instead constitute AES’ current expectations based
on reasonable assumptions. Actual results could differ materially from
those projected in AES’ forward-looking statements due to risks,
uncertainties and other factors. Important factors that could affect
actual results are discussed in the Tender Offer Materials related to
the Tender Offers and AES’ filings with the SEC, including, but not
limited to, the risks discussed under Item 1A “Risk Factors” and Item 7
“Management’s Discussion & Analysis of Financial Condition and Results
of Operations” in AES’ 2014 Annual Report on Form 10-K and in subsequent
reports filed with the SEC. Readers are encouraged to read AES’ filings
to learn more about the risk factors associated with AES’ business. AES
undertakes no obligation to update or revise any forward-looking
statements, whether as a result of new information, future events or
otherwise.
Any Stockholder who desires a copy of the Company’s 2014 Annual Report
on Form 10-K filed on or about February 26, 2015 with the SEC may obtain
a copy (excluding Exhibits) without charge by addressing a request to
the Office of the Corporate Secretary, The AES Corporation, 4300 Wilson
Boulevard, Arlington, Virginia 22203. Exhibits also may be requested,
but a charge equal to the reproduction cost thereof will be made. A copy
of the Form 10-K may be obtained by visiting the Company’s website at www.aes.com.
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