Patheon Announces Intent to Voluntarily Delist from the NYSE Subject to & Conditioned upon the Initial Expiration of the Tend...
22 Août 2017 - 10:45PM
Business Wire
Patheon N.V., a public limited liability company (naamloze
vennootschap) organized under the laws of The Netherlands (NYSE:
PTHN) (“Patheon”), today announced that it has submitted written
notice to the New York Stock Exchange (the “NYSE”) of its intention
to voluntarily delist its ordinary shares, par value €0.01 per
share (the “Shares”), from the NYSE. The voluntary delisting is
subject to and conditioned upon (1) the initial expiration of the
tender offer at 5:00 p.m., New York City time, on August 28, 2017
(the “Initial Expiration Time”) pursuant to the Purchase Agreement,
dated as of May 15, 2017 (the “Purchase Agreement”), by and between
Patheon, Thermo Fisher Scientific Inc. (“Thermo Fisher”) and Thermo
Fisher (CN) Luxembourg S.à r.l. (“Purchaser”), and (2) the
subsequent acquisition by Purchaser of all Shares validly tendered
and not properly withdrawn at the Initial Expiration Time in
accordance with the Purchase Agreement for a purchase price of
$35.00 per Share. Completion of the tender offer remains subject to
the conditions described in the tender offer statement on Schedule
TO filed by Thermo Fisher with the U.S. Securities and Exchange
Commission (the “SEC”) on May 31, 2017 (as amended and
supplemented).
Forward-Looking Statements
This communication contains forward-looking statements that
involve a number of risks and uncertainties. Words such as
“believes,” “anticipates,” “plans,” “expects,” “seeks,”
“estimates,” and similar expressions are intended to identify
forward-looking statements, but other statements that are not
historical facts may also be deemed to be forward-looking
statements. Important factors that could cause actual results to
differ materially from those indicated by forward-looking
statements include risks and uncertainties relating to: the need to
develop new products and adapt to significant technological change;
implementation of strategies for improving growth; general economic
conditions and related uncertainties; dependence on customers’
capital spending policies and government funding policies; the
effect of exchange rate fluctuations on international operations;
use and protection of intellectual property; the effect of changes
in governmental regulations; and the effect of laws and regulations
governing government contracts, as well as the possibility that
expected benefits related to recent and pending acquisitions,
including the proposed transaction, may not materialize as
expected; the proposed transaction not being timely completed, if
completed at all; prior to the completion of the transaction,
Patheon’s business may experience disruptions due to
transaction-related uncertainty or other factors making it more
difficult to maintain relationships with employees, customers,
licensees, other business partners or governmental entities;
difficulty retaining key employees; the outcome of any legal
proceedings related to the proposed transaction; and the parties
being unable to successfully implement integration strategies or to
achieve expected synergies and operating efficiencies within the
expected time-frames or at all. Additional important factors that
could cause actual results to differ materially from those
indicated by such forward-looking statements are set forth in
Thermo Fisher’s Annual Report on Form 10-K for the year ended
December 31, 2016, which is on file with the SEC and available
in the “Investors” section of Thermo Fisher’s website,
ir.thermofisher.com, under the heading “SEC Filings,” and in any
subsequent Quarterly Reports on Form 10-Q and other documents
Thermo Fisher files with the SEC, and in Patheon’s Annual Report on
Form 10-K for the year ended October 31, 2016 and its
subsequent Quarterly Reports on Form 10-Q, including its
Quarterly Report on Form 10-Q for the quarter ended
January 31, 2017 and its Quarterly Report on Form 10-Q
for the quarter ended April 30, 2017, each of which is on file
with the SEC and available in the “Investor Relations” section of
Patheon’s website, ir.patheon.com, under the heading “SEC Filings,”
and in other documents Patheon files with the SEC. While Patheon
may elect to update forward-looking statements at some point in the
future, Patheon specifically disclaims any obligation to do so,
even if estimates change and, therefore, you should not rely on
these forward-looking statements as representing Patheon’s views as
of any date subsequent to today.
Additional Information and Where to Find It
The tender offer referenced herein commenced on May 31,
2017. This communication is for informational purposes only and is
neither an offer to purchase nor a solicitation of an offer to sell
any Shares or any other securities, nor is it a substitute for the
tender offer materials that Thermo Fisher and its acquisition
subsidiary have filed with the SEC. On May 31, 2017, a tender
offer statement on Schedule TO, including an offer to purchase, a
letter of transmittal and related documents, was filed with the SEC
by Thermo Fisher and its acquisition subsidiary and a
solicitation/recommendation statement on Schedule 14D-9 was filed
with the SEC by Patheon with respect to the tender offer. The offer
to purchase all of the outstanding ordinary shares of Patheon is
only being made pursuant to the offer to purchase, the letter of
transmittal and related documents filed as a part of the Schedule
TO.
THE TENDER OFFER MATERIALS (INCLUDING THE OFFER TO PURCHASE, THE
RELATED LETTER OF TRANSMITTAL AND THE OTHER TENDER OFFER DOCUMENTS)
AND THE SOLICITATION/RECOMMENDATION STATEMENT ON SCHEDULE 14D-9
CONTAIN IMPORTANT INFORMATION. INVESTORS AND SHAREHOLDERS OF
PATHEON ARE URGED TO READ THESE DOCUMENTS CAREFULLY BECAUSE THEY
CONTAIN IMPORTANT INFORMATION THAT SUCH PERSONS SHOULD CONSIDER
BEFORE MAKING ANY DECISION REGARDING TENDERING THEIR ORDINARY
SHARES.
The tender offer materials (including the offer to purchase and
the related letter of transmittal and the other tender offer
documents), the solicitation/recommendation statement and other
documents filed with the SEC by Thermo Fisher or Patheon may be
obtained free of charge at the SEC’s website at www.sec.gov or at
Patheon’s website at www.patheon.com or by contacting Patheon’s
investor relations department at 919-226-3165 or at Thermo Fisher’s
website at www.thermofisher.com or by contacting Thermo Fisher’s
investor relations department at 781-622-1111. In addition,
investors and shareholders of Patheon may obtain free copies of the
tender offer materials by contacting D.F. King &
Co., Inc., Thermo Fisher’s information agent for the tender
offer.
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version on businesswire.com: http://www.businesswire.com/news/home/20170822006175/en/
PatheonFor investors:Tyler Gronbach, +1-919-226-3201Vice
President, Investor Relations, Corporate CommunicationsorFor
media:Mari Mansfield, +1-919-226-3137Senior Director, External
Communications
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