Offer Update - Important Information in Relation to the Mix and Match Facility
22 Januar 2010 - 11:18PM
PR Newswire (US)
NORTHFIELD, Ill., Jan. 22 /PRNewswire-FirstCall/ -- Kraft Foods
Inc. ("Kraft") is providing further details about the recommended
offer it announced on 19 January 2010 for Cadbury plc (the "Final
Offer"), including, in particular, important information in
relation to the Mix and Match Facility. This information is being
provided solely to assist Cadbury Securityholders and does not
affect or amend the terms of the Final Offer in any way. UPDATE ON
THE MIX AND MATCH FACILITY Under the terms of the Final Offer, the
Mix and Match Facility allows for accepting Cadbury Securityholders
to elect to vary the proportions in which they receive New Kraft
Foods Shares and cash consideration, subject to other Cadbury
Securityholders making off-setting elections. The reference share
price and exchange rate of the Mix and Match Facility were set on 1
December 2009, the last practicable date prior to the publication
of Kraft's Original Offer Document. For certain legal and technical
reasons it was not possible to update this when the Final Offer was
announced. On 1 December 2009, the Kraft share price was $26.50 and
the USD/GBP exchange rate was $1.6627 per GBP 1.00. Cadbury
Securityholders who elect for additional cash under the Mix and
Match Facility (providing that there are sufficient off-setting
elections for shares) would receive 799 pence per Cadbury Share in
cash and 3,195 pence per Cadbury ADS in cash (excluding in each
case the Special Dividend of 10 pence per Cadbury Share). By
contrast, the Final Offer's current value is 827 pence per Cadbury
Share and 3,308 pence per Cadbury ADS (excluding in each case the
Special Dividend of 10 pence per Cadbury Share)(1). The Final
Offer's value will change as the Kraft Foods share price and the
USD/GBP exchange rate change. Therefore, Cadbury Securityholders
should note that the Final Offer's value is presently higher than
the value they may receive by electing for additional cash under
the Mix and Match Facility. Cadbury Securityholders who prefer cash
to New Kraft Foods Shares may be able to realise greater value by
accepting the basic terms of the Final Offer and then selling their
New Kraft Foods Shares in the market than they would realise by
electing for additional cash under the Mix and Match Facility. This
will depend upon the price of New Kraft Foods Shares and the
exchange rate prevailing at the time of sale. There can be no
certainty regarding the total amount of cash which Cadbury
Securityholders will receive through selling in the market and
Kraft makes no recommendation as to the course of action which
Cadbury Securityholders should take. Cadbury Shareholders (except
for Cadbury US Shareholders, Cadbury Canadian Shareholders and
Cadbury ADS Holders) who have already made an election under the
Mix and Match Facility and wish to change or withdraw it should
contact the Receiving Agent, Computershare Investor Services PLC on
0870 889 3144 (+44 870 889 3144 if calling from overseas) as soon
as possible. Cadbury US Shareholders, Cadbury Canadian Shareholders
and Cadbury ADS Holders should contact the US Information Agent,
Georgeson Inc. (tel: from outside the US, +1 212 806 6859 and from
inside the US, 800 868 1391). Dealing Facilities Dealing facilities
will be available to accepting Cadbury Securityholders who hold
their shares in certificated form. For Cadbury Shareholders in many
jurisdictions, including the UK and Ireland, these facilities will
be free for the first dealing through such facilities, provided
such dealing is effected within six weeks of the Offer becoming or
being declared wholly unconditional. This is set out in further
detail below. Accepting Cadbury Securityholders in the
jurisdictions listed in the definition of "CSN Permitted
Jurisdiction" in the Original Offer Document (including the United
Kingdom and Ireland) who currently hold their shares in
certificated form will not be issued New Kraft Foods Shares, the
holding and trading of which may involve unfamiliar formalities for
non-US investors. Instead they will be issued Kraft Foods CDIs,
which represent an entitlement to the underlying New Kraft Foods
Shares. As the Kraft Foods CDIs can only be held through CREST,
Kraft Foods will arrange for Computershare to hold these CDIs in a
CSN Facility. Participants in the CSN Facility who want to realise
cash for their Kraft Foods CDIs may take advantage of a dealing
facility that will be provided by Computershare. The terms and
conditions of this dealing facility are available on the
Computershare website at
www-uk.computershare.com/Investor/ShareDealing.asp. It should be
noted that certain fees will apply to dealings through this
facility. However, participants in the CSN Facility will not be
charged fees in respect of their first dealing through this
facility, provided such dealing is effected within six weeks of the
Final Offer becoming or being declared wholly unconditional.
Accepting Cadbury Securityholders in jurisdictions other than CSN
Permitted Jurisdictions (including the United States and Australia)
who currently hold their shares in certificated form will hold
their New Kraft Foods Shares through the Kraft Foods' Direct
Registration System (the "DRS"). Persons holding New Kraft Foods
Shares under the DRS who want to realise cash for their New Kraft
Foods Shares may take advantage of a dealing facility provided by
Wells Fargo Shareholder Services. The terms and conditions of this
dealing facility are available online at
http://www.shareowneronline.com/. It should be noted that certain
fees will apply to dealings through this facility. Capitalised
terms used in this announcement shall have the meaning given to
them in the documentation setting out the Final Offer. This
announcement will be available on Kraft Foods' website
(http://www.transactioninfo.com/kraftfoods/) by no later than 12
noon (London time) / 8.00 a.m. (New York City time) on 25 January
2010. This announcement does not constitute, and must not be
construed as, an offer to sell or an invitation to purchase or
subscribe for any securities or the solicitation of an offer to
purchase or subscribe for any securities, pursuant to the Offer or
otherwise. The Offer is being made by the Original Offer Documents,
the Final Offer Documents and the accompanying documentation (the
"Offer Documentation"). Cadbury Securityholders who accept the
Offer may rely only on the Offer Documentation for all the terms
and conditions of the Offer. This announcement is not a prospectus
for the purposes of the EU Prospectus Directive. Cadbury
Securityholders in the EU should not tender their shares except on
the basis of information in the prospectus published pursuant to
the EU Prospectus Directive on Kraft Foods' website (as
supplemented from time to time). In making their decision whether
or not to accept the Offer, Cadbury Securityholders who are South
African residents will need to take into account the Excon
Regulations, and consider whether or not their acceptance of the
Offer and their subsequent receipt of consideration for their
Cadbury Shares from Kraft Foods, whether in the form of cash and/or
New Kraft Foods Shares, will be in compliance with the Excon
Regulations. The release, publication or distribution of this
announcement and any other Offer-related documentation in
jurisdictions other than the UK, the US, Canada, France, Ireland or
Spain, and the availability of the Offer to Cadbury Securityholders
who are not resident in such jurisdictions may be affected by the
laws or regulations of relevant jurisdictions. Therefore any
persons who are subject to the laws and regulations of any
jurisdiction other than the UK, the US, Canada, France, Ireland or
Spain, and Cadbury Securityholders who are not resident in such
jurisdictions should inform themselves of and observe any
applicable requirements. The Offer is not being extended and will
not be extended, directly or indirectly, in or into or by use of
the mails of, or by any means or instrumentality (including,
without limitation, electronic mail, facsimile transmission, telex,
telephone, internet or other forms of electronic communication) of
interstate or foreign commerce of, or any facilities of a national
securities exchange of, any jurisdiction where to do so would
violate the laws of that jurisdiction or would require registration
of the New Kraft Foods Shares, other than the US (a "Restricted
Jurisdiction"). Accordingly, copies of this announcement and the
Offer-related documentation are not being, and must not be,
directly or indirectly, mailed, transmitted or otherwise forwarded,
distributed or sent in, into or from any Restricted Jurisdiction.
Persons receiving such documents (including, without limitation,
custodians, nominees, and trustees) should observe these
restrictions. Failure to observe such restrictions may render any
purported acceptance of the Offer invalid. Forward-Looking
Statements This announcement contains forward-looking statements
regarding the Offer. Such statements include, but are not limited
to, statements about the benefits of the proposed combination and
other such statements that are not historical facts, which are or
may be based on Kraft Foods' plans, estimates and projections.
These forward-looking statements are subject to a number of risks
and uncertainties, many of which are beyond Kraft Foods' control,
that could cause Kraft Foods' actual results to differ materially
from those indicated in any such forward-looking statements. Such
factors include, but are not limited to, failure to obtain
necessary regulatory approvals or required financing or to satisfy
any of the other conditions to the Offer, and the risk factors, as
they may be amended from time to time, set forth in Kraft Foods'
filings with the US Securities and Exchange Commission ("SEC"),
including the registration statement on Form S-4, as amended from
time to time, filed by Kraft Foods in connection with the Offer,
Kraft Foods' most recently filed Annual Report on Form 10-K and
subsequent reports on Forms 10-Q and 8-K. Kraft Foods disclaims and
does not undertake any obligation to update or revise any
forward-looking statement in this announcement, except as required
by applicable law or regulation. Additional US-related information
This announcement is provided for informational purposes only and
is neither an offer to purchase nor a solicitation of an offer to
sell shares of Cadbury or Kraft Foods. Kraft Foods has filed a
registration statement and tender offer documents with the SEC and
Cadbury will file an amendment to its solicitation/recommendation
statement on Schedule 14D-9 in connection with the recommended
Final Offer. Cadbury Shareholders who are US or Canadian residents
and holders of Cadbury ADSs, wherever located, should read those
filings, and any other filings to be made by Kraft Foods and
Cadbury with the SEC in connection with the recommended Final
Offer, as they will contain important information. Those documents,
when available, as well as Kraft Foods' other public filings with
the SEC, may be obtained without charge at the SEC's website at
http://www.sec.gov/ and at Kraft Foods' website at
http://www.kraftfoodscompany.com/. (1) This value is based on
yesterday's closing market price of USD28.24 per Kraft Foods Share
and yesterday's exchange rate of USD 1.6175 per GBP 1.00.
DATASOURCE: Kraft Foods Inc. CONTACT: Perry Yeatman, Media,
+1-847-646-4538, Chris Jakubik, Investors, +1-847-646-5494, both of
Kraft Foods; or Jeffrey Rosen, +1-212-632-6000, Antonio Weiss,
+1-212-632-6000, William Rucker, +44-20-7187-2000, Peter Kiernan,
+44-20-7187-2000, all of Lazard (lead financial adviser); or Robert
Pruzan of Centerview Partners (financial adviser), +1-212-380-2650;
or David James of Citigroup (corporate broking), +44-20-7986-4000;
or James Agnew of Deutsche Bank (corporate broking),
+44-20-7545-8000; or Richard Jacques, +44-20-7404-5959 or Jonathan
Glass, +44-20-7404-5959, both of Brunswick Group (public
relations); or Financial advisers: Leon Kalvaria of Citigroup or
Nigel Meek of Deutsche Bank Web Site:
http://www.kraftfoodscompany.com/
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