iStar Financial Announces Private Exchange Offers and Cash Tender Offer for Outstanding Debt Securities
09 Avril 2009 - 11:21PM
PR Newswire (US)
NEW YORK, April 9 /PRNewswire-FirstCall/ -- iStar Financial Inc.
(NYSE: SFI) announced today that it has commenced private offers to
exchange a portion of the Company's existing senior unsecured notes
for up to $1.0 billion aggregate principal amount of new
second-lien senior secured notes to be issued by the Company and
guaranteed by certain of its subsidiaries. Concurrently with the
exchange offers, the Company is also making an offer to purchase
for cash a portion of the Company's outstanding Senior Floating
Rate Notes due September 2009. The exchange offers and the cash
tender offer (collectively, the "offers") are being made upon the
terms and subject to the conditions set forth in the confidential
offering memorandum dated April 9, 2009 and related letter of
transmittal. As shown in the table below, the Company is offering
to exchange validly tendered senior unsecured notes of the Company
("Old Notes") for one of the following two series of New Notes (as
defined below): (1) 8.0% Second-Priority Senior Secured Guaranteed
Notes due March 2011 (the "New 2011 Second Lien Notes"); and (2)
10.0% Second-Priority Senior Secured Guaranteed Notes due June 2014
(the "New 2014 Second Lien Notes" and, collectively with the New
2011 Second Lien, the "New Notes"). CUSIP Outstanding Title of Old
Notes Title of New Notes Principal Amount to be Tendered to be
Issued 45031UBE0 $473,000,000 Senior Floating Rate New 2011 Second
Notes due March 2010 Lien Notes 45031UAS0 $235,000,000 5.375%
Senior Notes New 2011 Second due April 2010 Lien Notes 45031UBG5
$680,658,000 8.625% Senior Notes New 2014 Second due June 2013 Lien
Notes 45031UAZ4 $780,432,000 5.95% Series B Senior New 2014 Second
Notes due October 2013 Lien Notes 45031UAC5 $123,490,000 6.5%
Senior Notes due New 2014 Second December 2013 Lien Notes 45031UAH4
$290,009,000 5.7% Series B Senior New 2014 Second Notes due March
2014 Lien Notes 45031UAG6 $1,840,000 5.7% Series A Senior New 2014
Second Notes due March 2014 Lien Notes 45031UAT8 $179,194,000 6.05%
Senior Notes due New 2014 Second April 2015 Lien Notes 45031UAW1
$370,488,000 5.875% Senior Notes due New 2014 Second March 2016
Lien Notes 45031UBD2 $154,505,000 5.85% Senior Notes due New 2014
Second March 2017 Lien Notes 45031UAB7 $325,402,000 6.0% Senior
Notes due New 2014 Second December 2010 Lien Notes 45031UAU5
$224,500,000 5.8% Senior Notes due New 2014 Second March 2011 Lien
Notes 45031UAP6 $234,150,000 5.125% Series B Senior New 2014 Second
Notes due April 2011 Lien Notes 45031UAX9 $416,022,000 5.65% Senior
Notes due New 2014 Second September 2011 Lien Notes 45031UAR2
$587,768,000 5.15% Senior Notes due New 2014 Second March 2012 Lien
Notes 45031UBC4 $230,700,000 5.5% Senior Notes due New 2014 Second
June 2012 Lien Notes Consideration per $1,000 Principal Amount of
Old Notes CUSIP Total Exchange Consideration Offer for Old Notes
Consideration Tendered for Old Notes Prior Tendered Acceptance to
Early After Early Priority Delivery Time Delivery Time Level
45031UBE0 $850.00 $820.00 1 45031UAS0 $850.00 $820.00 1 45031UBG5
$600.00 $570.00 2 45031UAZ4 $550.00 $520.00 2 45031UAC5 $550.00
$520.00 2 45031UAH4 $550.00 $520.00 2 45031UAG6 $550.00 $520.00 2
45031UAT8 $550.00 $520.00 2 45031UAW1 $500.00 $470.00 2 45031UBD2
$500.00 $470.00 2 45031UAB7 $700.00 $670.00 3 45031UAU5 $650.00
$620.00 3 45031UAP6 $650.00 $620.00 3 45031UAX9 $650.00 $620.00 3
45031UAR2 $600.00 $570.00 3 45031UBC4 $600.00 $570.00 3 Upon the
terms and subject to conditions of the exchange offers, Old Notes
validly tendered will be accepted in order of the acceptance
priority levels shown in the table above, with priority 1 notes
being accepted first, subject to the Priority 1 Acceptance Cap (as
defined below), priority 2 notes being accepted second and priority
3 notes being accepted third. The aggregate principal amount of
priority 1 notes accepted in the exchange offers will not exceed
$450 million (the "Priority 1 Acceptance Cap") and may be subject
to proration in the event that more than $450 million aggregate
principal amount of priority 1 notes are validly tendered. Further,
the aggregate principal amount of New Notes issued in the exchange
offers will not exceed a maximum exchange amount of $1.0 billion
(the "Maximum Exchange Amount"). The aggregate principal amount of
priority 2 and priority 3 notes accepted in the exchange offers
will be subject to the Maximum Exchange Amount and may be subject
to proration in the event that the acceptance of all validly
tendered priority 2 or priority 3 notes would result in the Maximum
Exchange Amount being exceeded. Holders who validly tender their
Old Notes prior to 5:00 p.m., New York City time, on April 22,
2009, (the "early delivery time") will be eligible to receive the
"total consideration" shown in the table above, while holders who
validly tender their Old Notes after the early delivery time and
prior to the expiration date will be eligible to receive the
"exchange offer consideration" shown in the table above. Holders of
Old Notes exchanged in the exchange offers will also receive a cash
payment equal to the accrued and unpaid interest in respect of
their exchanged Old Notes from the most recent applicable interest
payment date to, but not including, the settlement date. The New
Notes will be senior obligations of the Company and will be
guaranteed by all of the Company's subsidiaries that are guarantors
of the Company's new First Lien Credit Facility and Second Lien
Credit Facilities. The New Notes will share ratably with the
lenders under the Second Lien Credit Facilities in a second
priority lien on the collateral securing the First and Second Lien
Credit Facilities. As previously announced, a covenant in the First
and Second Lien Credit Facilities prohibits us from issuing more
than $1.0 billion aggregate principal amount of New Notes.
Concurrently with the exchange offers, the Company has commenced a
cash tender offer to purchase up to $265 million aggregate
principal amount (the "Maximum Tender Amount") of the Company's
outstanding Series B Senior Floating Rate Notes due September 2009
(the "September 2009 Notes"). Subject to the Maximum Tender Amount,
holders who validly tender their September 2009 Notes prior to the
early delivery time will be eligible to receive $900 for each
$1,000 principal amount of September 2009 Notes tendered, while
holders who validly tender their September 2009 Notes after the
early delivery time and prior to the expiration date will be
eligible to receive $870 for each $1,000 principal amount of
September 2009 Notes tendered. Holders of September 2009 Notes
purchased in the offer will also receive a cash payment equal to
accrued and unpaid interest thereon from the most recent payment
date to, but not including, the settlement date. In the event that
the aggregate principal amount of September 2009 Notes validly
tendered exceeds the Maximum Tender Amount, each participating
holder will have the amount of September 2009 Notes it tendered for
cash accepted on a pro rata basis. The Company reserves the right
to increase the Maximum Tender Amount. Each of the offers will
expire at midnight, New York City time, on May 6, 2009, unless
extended by the Company. The Company may also extend the early
delivery time with respect to any or all of the offers. Tenders may
be withdrawn prior to 5:00 p.m., New York City time, on April 22,
2009 unless extended by the Company (such time and date, as the
same may be extended, the "Withdrawal Deadline"). Holders may
withdraw tendered Old Notes, at any time prior to the Withdrawal
Deadline but holders may not withdraw tendered Old Notes, on or
thereafter. The New Notes will not be registered under the
Securities Act of 1933, as amended (the "Securities Act"), or any
other applicable securities laws and, unless so registered, the New
Notes may not be offered, sold, pledged or otherwise transferred
within the United States or to or for the account or benefit of any
U.S. person, except pursuant to an exemption from the registration
requirements of the Securities Act. Accordingly, the New Notes are
being offered and issued only (i) in the United States, to
"qualified institutional buyers" (as defined in Rule 144A under the
Securities Act), and (ii) outside the United States to persons who
are not U.S. persons (as defined in Regulation S under the
Securities Act) and who are non-U.S. qualified offerees. The
complete terms and conditions of the exchange offers and the cash
tender offer are set forth in the confidential offering memorandum
and related letter of transmittal for the offers. The offers are
not conditioned on a minimum principal amount of New Notes.
However, the offers are subject to certain other conditions, as
more fully described in the confidential offering memorandum.
Documents relating to the offers will only be distributed to
noteholders who complete and return a letter of eligibility
confirming that they are eligible investors for the purposes of the
offers. Noteholders who desire a copy of the eligibility letter
should contact Global Bondholder Service Corporation, the
information agent for the offers, (866) 794-2200 (U.S. Toll-free)
or (212) 925-1630 (Collect). This press release is for
informational purposes only and is neither an offer to purchase nor
a solicitation of an offer to sell the New Notes. The offers to buy
or exchange Old Notes of the Company, as applicable, are only being
made pursuant to the offering memorandum and the related letter of
transmittal that the Company is distributing to eligible investors
in connection with the offers. The offers are not being made to
persons 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 offers to be made by a
licensed broker of dealer, the offers will be deemed to be made on
behalf of the Company by one or more of the dealer managers, or one
or more registered brokers or dealers that are licensed under the
laws of such jurisdiction. This press release includes statements
that are considered "forward-looking statements." These
forward-looking statements reflect the Company's current views
about its plans, strategies and prospects, which are based on the
information currently available to it and on assumptions that the
Company's management has made. Although the Company believes that
its plans, intentions and expectations as reflected in or suggested
by those forward-looking statements are reasonable, the Company can
give no assurance that the plans, intentions or expectations will
be achieved. The Company assumes no obligation to update publicly
any forward-looking statements, whether as a result of new
information, future events or otherwise. In evaluating
forward-looking statements, you should consider these risks and
uncertainties, and you should not place undue reliance on those
statements. DATASOURCE: iStar Financial Inc. CONTACT: James D.
Burns, Chief Financial Officer, or Andrew G. Backman, Senior Vice
President - Investor Relations, +1-212-930-9400 Web Site:
http://www.istarfinancial.com/
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