Lancer Corporation Responds to a Second Unsolicited 'Mini-Tender Offer'
09 Avril 2004 - 11:00PM
PR Newswire (US)
Lancer Corporation Responds to a Second Unsolicited 'Mini-Tender
Offer' SAN ANTONIO, April 9 /PRNewswire-FirstCall/ -- Lancer
Corporation has learned that Cannell Capital LLC (Cannell) has made
an offer to purchase up to 450,000 shares of Lancer's common stock
(representing approximately 4.8% of Lancer's outstanding common
stock) for $2.00 per share. Lancer does not recommend or endorse
this unsolicited offer and urges its stockholders to use caution in
considering the offer. The Cannell mini-tender offer follows the
mini-tender offer by SCM Acquisition Fund LLC (SCM), an affiliate
of Sutter Capital Management LLC, whereby SCM offered to purchase
up to 450,000 shares of Lancer common stock for $1.00 per share on
March 23, 2004. Mini-tender offers seek less than 5% of a company's
stock, thereby avoiding many disclosure and procedural protections
afforded to stockholders by the Federal securities laws and the
rules of the U.S. Securities and Exchange Commission (SEC). TheSEC
has issued an investor alert regarding mini-tender offers, which
can be found on its web site
http://www.sec.gov/investor/pubs/minitend.htm . According to the
SEC investor alert, mini-tender offers "have been increasingly used
to catch investors off guard. Many investors who hear about
mini-tender offers surrender their securities without investigating
the offer, assuming that the price offered includes the premium
usually present in larger, traditional tender offers. But they
later learn thatthey cannot withdraw from the offer and may end up
selling their securities at below- market prices." The SEC
recommends that investors scrutinize mini-tender offers carefully
to make sure they understand the terms of the tender offer before
tenderingtheir shares. According to the offering document,
shareholders tendering their shares will not have withdrawal
rights, and Cannell reserves the right to extend the offer at any
time or to change any other terms of the offer. Lancer advises
shareholders to consult their own brokers or financial advisors
concerning this offer prior to tendering any shares. DATASOURCE:
Lancer Corporation CONTACT: Scott Adams of Lancer Corporation,
+1-210-310-7065 Web site: http://www.lancercorp.com/
http://www.sec.gov/investor/pubs/minitend.htm
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