Altaba Inc. (“Altaba” or the “Fund”) (NASDAQ:AABA) today
announced that the Fund’s Board of Directors (the “Board”) has
approved the liquidation and dissolution of the Fund pursuant to a
Plan of Complete Liquidation and Dissolution (the “Plan”), subject
to stockholder approval. The Fund intends to file a proxy statement
with the U.S. Securities and Exchange Commission (the “SEC”) with
respect to a special meeting of stockholders to seek stockholder
approval of the liquidation and dissolution pursuant to the
Plan.
As previously disclosed in the Fund’s public filings with the
SEC, the Fund’s investment objective is to increase the price per
share at which it trades relative to the then-current value of the
Fund’s underlying assets. The Fund seeks to do this by reducing the
discount at which shares of the Fund’s common stock, par value
$0.001 per share (the “Shares”), trade relative to the underlying
value of its net assets while simplifying its net asset base and
returning capital to its stockholders in ways that are accretive
and increase stockholder value.
The Fund has pursued a number of strategies with the goal of
achieving its investment objective, including by repurchasing the
Shares, both in the open market and through an exchange offer of
American Depository Shares (“ADSs”) of Alibaba Group Holding
Limited (“Alibaba”) and cash for Shares, the simplification of the
Fund through the disposition of assets (other than its position in
Alibaba) and the resolution of certain actual and contingent
liabilities, and through other means. After carefully considering
the risks, timing, viability and potential impact on the Fund’s
stockholders of additional strategies potentially available to the
Fund to achieve its investment objective, as well as the
recommendation of management, and in consultation with the Fund’s
advisors, the Board unanimously determined that the liquidation and
dissolution pursuant to the Plan is advisable and in the best
interests of the Fund and its stockholders.
Thomas J. McInerney, Chief Executive Officer of the Fund, said,
“Since June of 2017 we have taken a series of aggressive actions
designed to drive shareholder value and these have yielded
measureable results as our trading discount has narrowed and our
stock has meaningfully outperformed a composite of its underlying
assets. The right next action for shareholders is the Plan we are
announcing today as it represents the most definitive step,
generally within our control, that we could take to reduce the
discount to net asset value at which our Shares trade.”
If the liquidation and dissolution pursuant to the Plan is
approved by the Fund’s stockholders, the Fund expects to:
- sell or otherwise dispose of all of the
remaining ordinary shares and ADSs of Alibaba (collectively,
“Alibaba Shares”) held by the Fund (other than Alibaba ADSs, if
any, to be distributed in kind) and its equity interests in
Excalibur IP, LLC, to the extent any such assets have not been sold
or disposed of by the Fund before the special meeting;
- make a pre-dissolution liquidating
distribution to stockholders (in cash, Alibaba ADSs or a
combination thereof), which the Fund currently expects will be made
in the fourth quarter of 2019 and estimates will be in an amount
between $52.12 and $59.63 per Share in cash and/or Alibaba ADSs
(which estimates assume, among other things, an Alibaba Share price
realized on sale and, if applicable, an Alibaba Share value at the
time of distribution, of $177.00 per Alibaba Share);
- file a certificate of dissolution with
the Secretary of State of the State of Delaware;
- after filing such certificate of
dissolution, limit its operations and activities to those required
to wind up our business affairs as required by law;
- follow the “safe harbor” procedures
under Sections 280 and 281(a) of the General Corporation Law of the
State of Delaware to obtain an order from the Delaware Court of
Chancery (the “Court”) establishing the amount and form of security
for contested known, contingent and potential future claims that
are likely to arise within five years of the date of dissolution
(or such longer period of time as the Court may determine not to
exceed ten years after the date of dissolution);
- as soon as practicable after the
issuance of such Court order, pay or make reasonable provision for
the Fund’s uncontested known claims and expenses and establish
reserves as required by the Court order; and
- thereafter, to the extent that the
Fund’s actual liabilities and expenses are less than the amounts
required to be held as security for its outstanding claims and
expenses, distribute all of the Fund’s remaining assets in one or
more liquidating distributions on a pro rata basis to or for the
benefit of the Fund’s stockholders.
Prior to making any pre-dissolution liquidating distribution,
the Fund plans to sell not less than a sufficient number of Alibaba
Shares to ensure that the Fund has sufficient liquid assets to
cover the maximum potential reserves that might be required by the
Court to satisfy the Fund’s known, contingent and potential future
claims and to fund the cash portion of such distribution. The Fund
intends to sell no more than approximately 50% of the Alibaba
Shares it holds prior to receiving stockholder approval of the
liquidation and dissolution pursuant to the Plan and to sell its
remaining Alibaba Shares after stockholder approval, except that
any Alibaba Shares it does not need to sell to cover the reserve
amounts may instead be distributed in kind. The Fund intends to
sell its Alibaba Shares through open market transactions and/or
through private dispositions not executed or recorded on a public
exchange or quotation service. Regardless of the method chosen by
the Fund, it currently intends to provide additional information
upfront regarding the manner and timing that it expects to use or
sell its Alibaba Shares.
The Fund currently estimates that the Fund could make total
aggregate liquidating distributions to stockholders, including the
pre-dissolution liquidating distribution referred to above, ranging
between approximately $39.8 billion and $41.1 billion
(approximately $76.62 and $79.22 per Share, respectively), which
estimates assume, among other things, an Alibaba Share price
realized on sale and, if applicable, an Alibaba Share value at the
time of distribution, of $177.00 per Alibaba Share. Further details
regarding anticipated future distributions will be disclosed in the
Fund’s proxy materials to be filed in connection with the special
meeting.
The amount distributable to stockholders may vary substantially
from the estimated amounts above based on a number of factors,
including the resolution of outstanding known and contingent
liabilities, the possible assertion of claims that are currently
unknown to the Fund and costs incurred to wind down the Fund’s
business. Further, if additional amounts ultimately are determined
to be necessary to satisfy or make provision for any of these
obligations, stockholders may receive substantially less than the
current estimates. It is possible that the aggregate liquidating
distributions that would be paid to a stockholder under the Plan
would not exceed the amount that a stockholder could have received
upon sales of its Shares in the open market.
Upon the filing of a certificate of dissolution, trading in the
Fund’s Shares on the Nasdaq Global Select Market will be suspended,
and our Shares will thereafter be delisted. In addition, the Fund
will close its stock transfer books, after which record holders of
the Shares generally will be prohibited from transferring record
ownership of their Shares (except by will, intestate succession or
operation of law). The Fund will, however, request that, following
such time, The Depository Trust Company (“DTC”) maintain records
representing the right to receive any post-dissolution liquidating
distributions, including any transfers of such rights.
Consequently, the Fund expects that any transfers of such rights
will be tracked by DTC.
The proxy statement to be filed in connection with the special
meeting will contain important information regarding the Plan,
including, among other things, the assumptions and qualifications
applicable to the Fund’s estimates of the pre-dissolution
liquidating distribution, the aggregate liquidating distributions
the Fund expects to make, and the amounts of assets the Fund
expects to withhold from such liquidating distributions.
Stockholders of the Fund are urged to read the proxy statement and
other relevant materials filed by the Fund with respect to the
special meeting when they become available because they will
contain important information about the Fund and the proposed
liquidation and dissolution pursuant to the Plan.
The Fund’s management will conduct a corporate update conference
call to discuss the liquidation and dissolution and the matters
described in this press release on April 3, 2019 at 8:00 a.m.
(Eastern time). Participants are encouraged to pre-register for the
conference call using the following link. Callers who pre-register
will be given a conference passcode and unique PIN to gain
immediate access to the call and bypass the live operator.
Participants may pre-register at any time, including up to and
after the call start time.
To pre-register, go to: http://dpregister.com/10130105.
Those without internet access or unable to pre-register may dial
in by calling:
Global Toll: +1 412 317 5413
USA Toll Free: 1 866 777 2509
An audio webcast will also be available for this call and can be
accessed via the following link: https://services.choruscall.com/links/abmac190403.html.
For those who are unavailable to listen to the live broadcast, a
replay will be available shortly after the call for seven days, and
can be accessed by dialing 1-877-344-7529 or 1-412-317-0088 Replay
Code: 10130105.
About Altaba
Altaba is an independent, publicly traded, non-diversified,
closed-end management investment company registered under the
Investment Company Act of 1940. The Fund’s assets primarily consist
of a substantial position in Alibaba, which has become one of the
world’s largest online retailers.
Prior to June 16, 2017, Altaba was known as “Yahoo! Inc.” Altaba
was created from Yahoo! Inc. after the sale of its operating
businesses, at which time Yahoo! Inc. reorganized as an investment
company, was renamed Altaba Inc., and began trading under the
Nasdaq ticker symbol AABA.
Visit www.altaba.com for more information.
Additional Information about the Dissolution and Where to
Find It
In connection with the proposed liquidation and dissolution of
the Fund pursuant to the Plan, the Fund intends to file relevant
materials with the SEC, including a preliminary proxy statement on
Schedule 14A. The Fund will mail the definitive proxy statement and
a proxy card to each stockholder of the Fund entitled to vote at
the special meeting relating to the proposed liquidation and
dissolution pursuant to the Plan. STOCKHOLDERS OF THE FUND ARE
URGED TO CAREFULLY READ THESE MATERIALS IN THEIR ENTIRETY
(INCLUDING ANY AMENDMENTS OR SUPPLEMENTS THERETO) AND ANY OTHER
RELEVANT MATERIALS THAT THE FUND WILL FILE WITH THE SEC WHEN THEY
BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION.
The proxy statement and other relevant materials (when they become
available), and any other documents filed by the Fund with the SEC,
may be obtained free of charge at the SEC’s website at www.sec.gov. In addition, stockholders may obtain
free copies of the documents filed with the SEC by the Fund by
contacting the Fund’s Secretary at 140 East 45th Street, 15th
Floor, New York, New York 10017 or to Georgeson LLC toll free at
1-866-219-9786.
Participants in the Solicitation
The Fund and its directors and executive officers may, under SEC
rules, be deemed to be participants in the solicitation of proxies
from the Fund’s stockholders in connection with the proposed
liquidation and dissolution pursuant to the Plan. Information about
the persons who may, under the rules of the SEC, be considered to
be participants in the solicitation of the Fund’s stockholders in
connection with the proposed liquidation and dissolution pursuant
to the Plan, and any interest they have in the proposed liquidation
and dissolution pursuant to the Plan, will be set forth in the
definitive proxy statement when it is filed with the SEC.
Additional information regarding these individuals is set forth in
the Fund’s proxy statement for its 2018 annual meeting of
stockholders, which was filed with the SEC on August 31, 2018, and
its Annual Report on Form N-CSR for the fiscal year ended December
31, 2018, which was filed with the SEC on February 27, 2019. These
documents may be obtained free of charge at the SEC’s website at
www.sec.gov. In addition, stockholders
may obtain free copies of the documents filed with the SEC by the
Fund by contacting the Fund’s Secretary at 140 East 45th Street,
15th Floor, New York, New York 10017 or to Georgeson LLC toll free
at 1-866-219-9786.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
INFORMATION
This document contains forward-looking statements concerning the
proposed liquidation and dissolution pursuant to the Plan. Without
limiting the foregoing, words or phrases such as “will likely
result,” “are expected to,” “will continue,” “anticipate,”
“estimate,” “project,” “believe,” “intend” or similar expressions
are intended to identify forward-looking statements. These
statements are not statements of historical facts and do not
reflect historical information. Forward-looking statements are
subject to numerous risks and uncertainties and actual results may
differ materially from those statements. Such risks and
uncertainties relate to, among other things: the availability,
timing and amount of liquidating distributions, including prior to
the filing of a certificate of dissolution; the amounts that will
need to be set aside by the Fund; the adequacy of such reserves to
satisfy the Fund’s obligations; the ability of the Fund to
favorably resolve certain potential tax claims, litigation matters
and other unresolved contingent liabilities of the Fund; the amount
of proceeds that might be realized from the sale or other
disposition of the Fund’s primary asset, its Alibaba Shares; the
application of, and any changes in, applicable tax laws,
regulations, administrative practices, principles and
interpretations; the incurrence by the Fund of expenses relating to
the proposed liquidation and dissolution; and the ability of the
Board to abandon, modify or delay implementation of the Plan, even
after stockholder approval. Further information regarding the
risks, uncertainties and other factors that could cause actual
results to differ from the results in these forward-looking
statements will be discussed under the section “Risk Factors” in
the definitive proxy statement that will be filed with the SEC in
connection with the proposed liquidation and dissolution pursuant
to the Plan, when it becomes available. Please carefully consider
these factors, as well as other information contained in the
definitive proxy statement, when it becomes available, and in our
periodic reports and documents filed with the SEC. The
forward-looking statements included in this document are made only
as of the date hereof.
The Fund does not undertake any obligation to update or
supplement such forward-looking statements to reflect events or
circumstances after the date hereof, except as required by law.
Because the Fund is an investment company, the forward-looking
statements and projections in this press release are excluded from
the safe harbor protection provided by Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the
Securities and Exchange Act of 1934, as amended.
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version on businesswire.com: https://www.businesswire.com/news/home/20190402006082/en/
Investor Relations and Media:Abernathy MacGregorAlan
Oshiki212-371-5999altaba@abmac.com
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