Tiffany & Co. (NYSE: TIF) (the “Company”) today announced
that it will hold a special meeting of its stockholders on December
30, 2020, beginning at 9 a.m., local time. Due to public health
concerns surrounding the novel coronavirus (COVID-19) and to
prioritize the health and well-being of its employees, stockholders
and other community members, the Company will hold the special
meeting in a virtual meeting format only on
www.virtualshareholdermeeting.com/TIF2020SM. You will not be able
to attend the special meeting physically in person.
At the special meeting, stockholders will be asked to consider
and vote on, among other things, a proposal to adopt the previously
announced Amended and Restated Agreement and Plan of Merger, dated
October 28, 2020, as it may be amended from time to time (the
“Merger Agreement”), by and among the Company, LVMH Moët
Hennessy-Louis Vuitton SE, a societas Europaea (European company)
organized under the laws of France (“Parent”), Breakfast Holdings
Acquisition Corp., a Delaware corporation and a wholly owned
indirect subsidiary of Parent (“Holding”), and Breakfast
Acquisition Corp., a Delaware corporation and a wholly owned direct
subsidiary of Holding (“Merger Sub”), which amended and restated
the Agreement and Plan of Merger, dated November 24, 2019, by and
among the Company, Parent, Holding and Merger Sub, and pursuant to
which Merger Sub will be merged with and into the Company with the
Company continuing as the surviving company in the merger. The
Company’s board of directors recommends that stockholders vote in
favor of the proposal to adopt the Merger Agreement.
Company stockholders of record at the close of business on
November 30, 2020, will be entitled to receive notice of, and to
vote at, the special meeting and any adjournments or postponements
thereof.
The transaction is expected to close early in the calendar year
2021, subject to the approval of stockholders at the special
meeting, maintaining or obtaining applicable regulatory clearances
and the satisfaction of certain other customary closing
conditions.
About Tiffany & Co.:
In 1837, Charles Lewis Tiffany founded his company in New York
City where his store was soon acclaimed as the palace of jewels for
its exceptional gemstones. Since then, TIFFANY & CO. has become
synonymous with elegance, innovative design, fine craftsmanship and
creative excellence. During the 20th century fame thrived worldwide
with store network expansion and continuous cultural relevance, as
exemplified by Truman Capote’s Breakfast at Tiffany’s and the film
starring Audrey Hepburn.
Today, with more than 14,000 employees, TIFFANY & CO. and
its subsidiaries design, manufacture and market jewelry, watches
and luxury accessories - including more than 5,000 skilled artisans
who cut diamonds and craft jewelry in the Company’s workshops,
realizing its commitment to superlative quality. TIFFANY & CO.
has a long-standing commitment to conducting its business
responsibly, sustaining the natural environment, prioritizing
diversity and inclusion, and positively impacting the communities
in which we operate.
Additional Information and Where To Find It:
This communication may be deemed to be solicitation material in
respect of the proposed acquisition of the Company by Parent
pursuant to the Merger Agreement. In connection with the proposed
acquisition, the Company filed a definitive proxy statement on
Schedule 14A with the U.S. Securities and Exchange Commission (the
“SEC”) and will mail the definitive proxy statement and a proxy
card to each stockholder entitled to vote at the special meeting
relating to the proposed acquisition. INVESTORS AND SECURITY
HOLDERS OF THE COMPANY ARE URGED TO READ CAREFULLY ALL RELEVANT
DOCUMENTS (INCLUDING ANY AMENDMENTS OR SUPPLEMENTS THERETO) FILED
WITH THE SEC, INCLUDING THE COMPANY’S DEFINITIVE PROXY STATEMENT,
BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT THE COMPANY AND
THE PROPOSED ACQUISITION. Investors and security holders will be
able to obtain copies of the proxy statement and other documents
filed with the SEC (when available) free of charge at the SEC’s
website at www.sec.gov or at the Company’s website at
investor.tiffany.com/financial-information or by writing to the
Corporate Secretary at 200 Fifth Avenue, New York, New York 10010,
Attn: Corporate Secretary (Legal Department).
Participants in Solicitation:
The Company and its directors, executive officers and certain of
its employees may be deemed to be participants in the solicitation
of proxies from the Company’s stockholders in respect of the
proposed acquisition. Information about the directors and executive
officers of the Company is set forth in its proxy statement for its
2020 annual meeting of stockholders, which was filed with the SEC
on April 20, 2020, and the definitive proxy statement filed with
the SEC in connection with the proposed acquisition on November 27,
2020. Other information regarding the participants in the proxy
solicitations in connection with the proposed acquisition, and a
description of any interests that they have in the proposed
acquisition, by security holdings or otherwise, may be contained in
other relevant materials to be filed with the SEC regarding the
proposed acquisition when they become available. These documents
may be obtained for free at the SEC’s website at www.sec.gov or by
writing to the Corporate Secretary at 200 Fifth Avenue, New York,
New York 10010, Attn: Corporate Secretary (Legal Department).
Forward-Looking Statements:
Certain statements in this communication including, without
limitation, statements relating to the proposed acquisition and
conditions to closing of the proposed acquisition, may constitute
“forward-looking statements” within the meaning of Section 27A of
the Securities Act of 1933, Section 21E of the Securities Exchange
Act of 1934 and the Private Securities Litigation Reform Act of
1995, each as amended. Forward-looking statements by their nature
address matters that are, to different degrees, uncertain, such as
statements about the consummation of the proposed acquisition (and
the anticipated benefits thereof) and about the future plans,
assumptions and expectations for the Company’s business and its
results. Forward-looking statements provide current expectations of
future events and include any statement that does not directly
relate to any historical or current fact. Words such as
“anticipates,” “believes,” “expects,” “intends,” “plans,”
“projects,” “may,” “will,” or other similar expressions may
identify such forward-looking statements.
These and other forward-looking statements are not guarantees of
future results and are subject to risks, uncertainties and
assumptions that could cause actual results to differ materially
from those discussed in forward-looking statements, including, as a
result of factors, risks and uncertainties over which the Company
has no control. The inclusion of such statements should not be
regarded as a representation that any plans, estimates or
expectations will be achieved. You should not place undue reliance
on such statements. Important factors, risks and uncertainties that
could cause actual results to differ materially from such plans,
estimates or expectations include, but are not limited to, the
following: (i) conditions to the completion of the proposed
acquisition, including stockholder approval of the merger proposal,
may not be satisfied or the regulatory approvals or waivers
required for the proposed acquisition may not be obtained or
maintained, in each case, on the terms expected or on the
anticipated schedule; (ii) the occurrence of any event, change or
other circumstance that could give rise to the termination of the
Merger Agreement between the parties to the merger or affect the
ability of the parties to recognize the benefits of the proposed
acquisition; (iii) the effect of the announcement or pendency of
the proposed acquisition on the Company’s business relationships,
operating results, and business generally; (iv) risks that the
proposed acquisition disrupts the Company’s current plans and
operations and potential difficulties in the Company’s employee
retention; (v) risks that the proposed acquisition may divert
management’s attention from the Company’s ongoing business
operations; (vi) potential litigation that may be instituted
against the Company or its directors or officers related to the
proposed acquisition or the Merger Agreement between the parties to
the merger and any adverse outcome of any such potential
litigation; (vii) the amount and timing of the costs, fees,
expenses and other charges related to the proposed acquisition,
including in the event of any unexpected delays; (viii) other risks
to consummation of the proposed acquisition, including the risk
that the proposed acquisition will not be consummated within the
expected time period, or at all, which may affect the Company’s
business and the price of the common stock of the Company; (ix) any
adverse effects on the Company by other general industry, economic,
business and/or competitive factors; (x) the COVID-19 pandemic,
including the duration and scope thereof, the availability of a
vaccine or cure that mitigates the effect of the virus, the
potential for additional waves of outbreaks and changes in
financial, business, travel and tourism, consumer discretionary
spending and other general consumer behaviors, political, public
health and other conditions, circumstances, requirements and
practices resulting therefrom; (xi) protest activity in the U.S.;
and (xii) such other factors as are set forth in the Company’s
periodic public filings with the SEC, including but not limited to
those described under the headings “Risk Factors” and “Forward
Looking Statements” in the Company’s Form 10-Q for the fiscal
quarter ended October 31, 2020, its Form 10-K for the fiscal year
ended January 31, 2020, and in its other filings made with the SEC
from time to time, which are available via the SEC’s website at
www.sec.gov. The consequences of material differences in results as
compared with those anticipated in the forward-looking statements
could include, among other things, business disruption, operational
problems, financial loss, legal liability to third parties and
similar risks, any of which could have a material adverse effect on
the Company’s financial condition, results of operations, credit
rating or liquidity or stock price. These risks, as well as other
risks associated with the proposed acquisition, are more fully
discussed in the definitive proxy statement on Schedule 14A, which
was filed with the SEC on November 27, 2020, in connection with the
proposed acquisition. In addition, there can be no assurance that
the proposed acquisition will be completed, or if it is completed,
that it will close within the anticipated time period, or that the
expected benefits of the proposed acquisition will be realized.
Forward-looking statements reflect the views and assumptions of
management as of the date of this communication with respect to
future events. The Company does not undertake, and hereby
disclaims, any obligation, unless required to do so by applicable
securities laws, to update any forward-looking statements as a
result of new information, future events or other factors. The
inclusion of any statement in this communication does not
constitute an admission by the Company or any other person that the
events or circumstances described in such statement are
material.
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version on businesswire.com: https://www.businesswire.com/news/home/20201127005217/en/
Jason Wong (973) 254-7612 jason.wong@tiffany.com
Tiffany (NYSE:TIF)
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