Pagaya Technologies LTD. (NASDAQ: PGY) (“Pagaya” or the
“Company”), a global technology company delivering AI-driven
product solutions for the financial ecosystem, today announced that
its wholly owned subsidiary, Pagaya US Holding Company LLC (“Pagaya
US”), intends to offer, subject to market and other conditions,
$125 million aggregate principal amount of exchangeable senior
notes due 2029 (the “notes”) in a private offering to persons
reasonably believed to be qualified institutional buyers pursuant
to Rule 144A under the Securities Act of 1933, as amended (the
“Securities Act”). Pagaya US also expects to grant the initial
purchasers of the notes an option to purchase, for settlement
within a period of 13 days from, and including, the date the notes
are first issued, up to an additional $18.75 million principal
amount of notes.
The notes will be senior, unsecured obligations of Pagaya US,
will accrue interest payable semi-annually in arrears and will
mature on October 1, 2029, unless earlier repurchased, redeemed or
exchanged. Prior to the close of business on the business day
immediately preceding July 2, 2029, the notes will be exchangeable
at the option of the holders of notes only upon the satisfaction of
specified conditions and during certain periods. On or after July
2, 2029 until the close of business on the second scheduled trading
day immediately preceding the maturity date, the notes will be
exchangeable at the option of the holders of the notes at any time
regardless of these conditions. Subject to certain conditions,
Pagaya US may settle exchanges of the notes by paying or
delivering, as applicable, cash, Class A ordinary shares of Pagaya
or a combination of cash and Class A ordinary shares of Pagaya, at
the election of Pagaya US. The notes will be fully and
unconditionally guaranteed, on a senior unsecured basis, by
Pagaya.
The notes will not be redeemable prior to October 5, 2027. The
notes will be redeemable, in whole or in part (subject to certain
limitations on partial redemptions), for cash at the option of
Pagaya US at any time, and from time to time, on or after October
5, 2027 and on or before the 41st scheduled trading day immediately
before the maturity date, but only if the last reported sale price
per Class A ordinary share of Pagaya exceeds 130% of the exchange
price for a specified period of time and certain other conditions
are satisfied. The redemption price will be equal to the principal
amount of the notes to be redeemed, plus accrued and unpaid
interest, if any, to, but excluding, the redemption date. The
interest rate, initial exchange rate and other terms of the notes
will be determined at the pricing of the offering.
If a “fundamental change” (as defined in the indenture for the
notes) occurs, then, subject to a limited exception, noteholders
may require Pagaya US to repurchase their notes for cash. The
repurchase price will be equal to the principal amount of the notes
to be repurchased, plus accrued and unpaid interest, if any, to,
but excluding, the applicable repurchase date.
Pagaya US intends to use the net proceeds from the offering of
the notes to repay secured borrowing under its repurchase
agreements, for general corporate purposes and to pay related fees
and expenses. If the initial purchasers exercise their option to
purchase additional notes, then Pagaya US intends to use the
additional net proceeds from the sale of the additional notes to
further repay secured borrowing under its repurchase
agreements.
The offer and sale of the notes, the guarantee and any Class A
ordinary shares of Pagaya deliverable upon exchange of the notes
have not been, and will not be, registered under the Securities Act
or any other securities laws, and the notes and any such shares
cannot be offered or sold except pursuant to an exemption from, or
in a transaction not subject to, the registration requirements of
the Securities Act and any other applicable securities laws. This
press release does not constitute an offer to sell, or the
solicitation of an offer to buy, the notes or any Class A ordinary
shares of Pagaya deliverable upon exchange of the notes, nor will
there be any sale of the notes or any such shares, in any state or
other jurisdiction in which such offer, sale or solicitation would
be unlawful.
About Pagaya Technologies Pagaya (NASDAQ: PGY) is a
global technology company making life-changing financial products
and services available to more people nationwide, as it reshapes
the financial services ecosystem. By using machine learning, a vast
data network and an AI-driven approach, Pagaya provides consumer
credit and other products for its partners, their customers, and
investors. Its proprietary API and capital solutions integrate into
its network of partners to deliver seamless user experiences and
greater access to the mainstream economy.
Cautionary Note On Forward-Looking Statements This press
release includes forward-looking statements within the meaning of
Section 27A of the Securities Act of 1933, as amended, and Section
21E of the Securities Exchange Act of 1934, as amended, that
involve risks and uncertainties. These forward-looking statements
give our expectations or forecasts of future events and can
generally be identified by the words “anticipate,” “believe,”
“continue,” “can,” “could,” “estimate,” “expect,” “intend,” “may,”
“opportunity,” “future,” “strategy,” “might,” “outlook,” “plan,”
“possible,” “potential,” “predict,” “project,” “should,” “strive,”
“will,” “would,” “will be,” “will continue,” “will likely result,”
and similar expressions. These statements are based on the
Company’s current beliefs and expectations. Such forward-looking
statements include, but are not limited to, statements regarding
the completion, timing and size of the proposed offering, the
intended use of the proceeds and the terms of the notes being
offered as described above. Actual results may differ from those
set forth in this press release due to the risks and uncertainties
associated with market conditions and the satisfaction of customary
closing conditions related to the proposed offering and the other
risks and uncertainties described in the Company’s filings with the
SEC, included under the heading “Risk Factors” in the Company’s
Annual Report on Form 10-K and any subsequent filings with the SEC.
These forward-looking statements involve known and unknown risks,
uncertainties and other important factors that may cause the
Company’s actual results, performance or achievements to be
materially different from any future results, performance or
achievements expressed or implied by the forward-looking
statements. These forward-looking statements reflect the Company’s
views with respect to future events as of the date hereof and are
based on assumptions and subject to risks and uncertainties. The
Company may not consummate the proposed offering described in this
press release and, if the proposed offering is consummated, cannot
provide any assurances regarding the final terms of the offer or
the notes or its ability to effectively apply the net proceeds as
described above. Given these uncertainties, investors should not
place undue reliance on these forward-looking statements. The
forward-looking statements made as of the date hereof reflect the
Company’s current beliefs and are based on information currently
available as of the date they are made, and the Company assumes no
obligation and does not intend to update these forward-looking
statements. All forward-looking statements are qualified in their
entirety by this cautionary statement, which is made under the safe
harbor provisions of the Private Securities Litigation Reform Act
of 1995.
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