California Resources Corporation (NYSE: CRC) (the “Company”)
previously announced the commencement of a cash tender offer (the
“Tender Offer”) to purchase up to $200 million aggregate principal
amount of its outstanding 7.125% senior notes due 2026 (the “2026
Notes”). The Company hereby amends the Tender Offer to purchase for
cash up to $300 million aggregate principal amount of the 2026
Notes (as such aggregate principal amount may be increased or
decreased by the Company, the “Maximum Tender Amount”). The Tender
Offer is being made pursuant to an Offer to Purchase, dated August
8, 2024, as amended by the terms set forth herein (the “Offer to
Purchase”). Other than the increase to the Maximum Tender Amount,
no other terms of the Tender Offer have changed.
Certain information regarding the 2026 Notes and the U.S.
Treasury Reference Security, the Bloomberg reference page and the
fixed spread is set forth in the table below.
Title of Security
CUSIP Numbers
ISINs
Principal Amount
Outstanding
Maximum Tender Amount
U.S. Treasury Reference
Security
Bloomberg Reference
Page(1)
Fixed Spread
(basis points)
Early Tender Premium(2)
(3)
7.125% Senior Notes due 2026
13057Q AH0
U1303A AE6
US13057QAH02
USU1303AAE65
$545,452,000
$300,000,000
2.50% U.S. Treasury due January
31, 2025
FIT3
+0 bps
$30
(1)
The applicable page on Bloomberg
from which the Dealer Managers (as defined below) will quote the
bid side price of the applicable U.S. Treasury security.
(2)
Per $1,000 principal amount.
(3)
Included in the Early Tender
Consideration for Notes tendered and accepted for purchase on or
prior to the Early Tender Time.
Tender Offer Details
Subject to the Maximum Tender Amount, proration (if applicable)
and the satisfaction or waiver of the conditions to the Tender
Offer, including a financing condition, the Company will accept for
purchase on the Early Settlement Date or the Final Settlement Date
(each as defined below), as applicable, 2026 Notes validly tendered
in the Tender Offer.
The Tender Offer will expire at 5:00 p.m., New York City time,
on September 6, 2024, or any other date and time to which the
Company extends the Tender Offer (such date and time, as it may be
extended, the “Expiration Time”), unless earlier terminated.
To be eligible to receive the Early Tender Consideration (as
defined below), which includes an early tender premium of $30 per
$1,000 principal amount of 2026 Notes (the “Early Tender Premium”),
holders of 2026 Notes must validly tender their 2026 Notes at or
prior to 5:00 p.m., New York City time, on August 21, 2024, unless
extended or the Tender Offer is earlier terminated by the Company
(such date and time, as it may be extended, the “Early Tender
Time”).
Subject to the Maximum Tender Amount and proration, if
applicable, holders of 2026 Notes that validly tender their 2026
Notes after the Early Tender Time but at or prior to the Expiration
Time will only be eligible to receive the Late Tender Consideration
(as defined below).
Priority of acceptance and proration
2026 Notes validly tendered at or prior to the Early Tender Time
will be accepted for purchase in priority to other 2026 Notes
validly tendered after the Early Tender Time. Accordingly, if the
Maximum Tender Amount is reached as a result of tenders of 2026
Notes made at or prior to the Early Tender Time, 2026 Notes
tendered after the Early Tender Time will not be accepted for
purchase (unless the Maximum Tender Amount is increased by the
Company, in its sole discretion, subject to applicable law). If the
aggregate principal amount of 2026 Notes validly tendered exceeds
the Maximum Tender Amount on the applicable settlement date, the
amount of 2026 Notes purchased in the Tender Offer will be prorated
as set forth in the Offer to Purchase.
Consideration and accrued interest
The consideration (the “Early Tender Consideration”) offered per
$1,000 principal amount of 2026 Notes validly tendered at or prior
to the Early Tender Time, and accepted for purchase pursuant to the
Tender Offer, will be determined in the manner described in the
Offer to Purchase by reference to the fixed spread for the 2026
Notes specified in the table above, plus the yield based on the
bid-side price of the U.S. Treasury Reference Security specified in
the table above as quoted on the Bloomberg Reference Page specified
in the table above, calculated as of 10:00 a.m., New York City
time, on August 22, 2024 (the “Price Determination Time”), unless
extended or the Tender Offer is earlier terminated by the
Company.
The Early Tender Time is the last date and time for holders of
2026 Notes to tender their 2026 Notes in order to be eligible to
receive the Early Tender Consideration. Holders of any 2026 Notes
that are validly tendered after the Early Tender Time but at or
prior to the Expiration Time, and that are accepted for purchase,
will receive an amount equal to the Early Tender Consideration
minus the Early Tender Premium (the “Late Tender
Consideration”).
In addition to the Early Tender Consideration or the Late Tender
Consideration, as applicable, all holders of 2026 Notes accepted
for purchase in the Tender Offer will also receive accrued and
unpaid interest on such 2026 Notes validly tendered and accepted
for purchase from the last interest payment date up to, but not
including, the applicable settlement date.
Settlement
Except as set forth in the paragraph below, payment for the 2026
Notes that are validly tendered at or prior to the Expiration Time,
and that are accepted for purchase, will be made on the date
referred to as the “Final Settlement Date.” The Company anticipates
that the Final Settlement Date will be September 13, 2024, the
fifth business day after the Expiration Time, subject to all
conditions to the Tender Offer, including a financing condition,
having been satisfied or waived by the Company.
The Company reserves the right, in its sole discretion, to pay
for 2026 Notes that are validly tendered at or prior to the Early
Tender Time, and that are accepted for purchase, on a date
following the Early Tender Time and prior to the Expiration Time
(the “Early Settlement Date”). The Company anticipates that the
Early Settlement Date will be August 23, 2024, the second business
day after the Early Tender Time, subject to all conditions to the
Tender Offer, including a financing condition, having been
satisfied or waived by the Company.
Withdrawal conditions
2026 Notes tendered pursuant to the Tender Offer may be
withdrawn at any time at or prior to 5:00 p.m., New York City time,
on August 21, 2024, unless extended or the Tender Offer is earlier
terminated by the Company (such date and time, as it may be
extended, the “Withdrawal Deadline”), but not thereafter.
After the Withdrawal Deadline, holders of 2026 Notes who have
tendered their 2026 Notes may not withdraw their tendered 2026
Notes unless the Company amends the Tender Offer in a manner that
is materially adverse to such tendering holders, in which case
withdrawal rights may be extended to the extent required by law, or
as the Company otherwise determines is appropriate to allow
tendering holders of 2026 Notes a reasonable opportunity to respond
to such amendment. Additionally, the Company, in its sole
discretion, may extend the Withdrawal Deadline for any purpose.
2026 Notes withdrawn prior to the Withdrawal Deadline may be
tendered again at or prior to the Expiration Time, in accordance
with the procedures set forth in the Offer to Purchase.
If a holder holds their 2026 Notes through a custodian bank,
broker, dealer or other nominee, such nominee may have an earlier
deadline or deadlines for receiving instructions to participate or
withdraw tendered 2026 Notes in the Tender Offer.
The Company’s obligation to accept for payment and to pay for
the 2026 Notes validly tendered in the Tender Offer is subject to
the satisfaction or waiver of a number of conditions described in
the Offer to Purchase, including a financing condition. The Tender
Offer may be terminated or withdrawn, subject to applicable law.
The Company reserves the right, subject to applicable law, to (i)
waive any and all conditions to the Tender Offer, (ii) extend or
terminate the Tender Offer, (iii) increase or decrease the Maximum
Tender Amount, or (iv) otherwise amend the Tender Offer in any
respect.
Dealer Managers and Depositary and Information Agent
The Company has appointed Jefferies LLC, Citigroup Global
Markets Inc. and TD Securities (USA) Inc. as joint dealer managers
(the “Dealer Managers”) for the Tender Offer. The Company has
retained D.F. King & Co., Inc. as the depositary and
information agent for the Tender Offer. For additional information
regarding the terms of the Tender Offer, please contact: Jefferies
LLC at (888) 708-5831 (toll-free), Citigroup Global Markets Inc. at
(800) 558-3745 (toll-free) or (212) 723-6106 (collect), or TD
Securities (USA) LLC at (866) 584-2096 (toll-free) or (212)
827-2842 (collect). Requests for documents and questions regarding
the tendering of securities may be directed to D.F. King & Co.,
Inc by telephone at (212) 269-5550 (for banks and brokers only) or
(800) 713-9960 (toll-free), by email at CRC@dfking.com or to the
Dealer Managers at their respective telephone numbers.
This press release amends the terms of the Offer to Purchase. To
the extent that any terms in the Offer to Purchase are inconsistent
with terms in this press release, the terms of this press release
shall control. Other than as set forth herein, no other terms of
the Tender Offer are being amended and there are no other changes
to the terms of the Tender Offer set forth in the Offer to
Purchase.
This press release shall not constitute, or form part of, an
offer to sell, a solicitation to buy or an offer to purchase or
sell any securities. The Tender Offer is being made only pursuant
to the Offer to Purchase and only in such jurisdictions as is
permitted under applicable law.
From time to time after completion of the Tender Offer, the
Company or its affiliates may purchase additional 2026 Notes in the
open market, in privately negotiated transactions, through tender
or exchange offers or otherwise, or the Company may redeem 2026
Notes pursuant to their terms. Any future purchases may be on the
same terms or on terms that are more or less favorable to holders
of the 2026 Notes than the terms of the Tender Offer.
This press release is neither an offer to purchase nor a
solicitation of an offer to sell any 2026 Notes in the Tender Offer
and does not constitute a notice of redemption for the 2026
Notes.
About California Resources
Corporation
California Resources Corporation (CRC) is an independent energy
and carbon management company committed to energy transition. CRC
is committed to environmental stewardship while safely providing
local, responsibly sourced energy. CRC is also focused on
maximizing the value of its land, mineral ownership, and energy
expertise for decarbonization by developing carbon capture and
storage and other emissions-reducing projects.
Cautionary Note Regarding
Forward-Looking Statements
All statements, except for statements of historical fact, made
in this release regarding activities, events or developments the
Company expects, believes or anticipates will or may occur in the
future, such as statements regarding the Tender Offer, are
forward-looking statements within the meaning of Section 27A of the
Securities Act and Section 21E of the Securities Exchange Act of
1934, as amended. All forward-looking statements speak only as of
the date of this release. Although the Company believes that the
plans, intentions and expectations reflected in or suggested by the
forward-looking statements are reasonable, there is no assurance
that these plans, intentions or expectations will be achieved.
Therefore, actual outcomes and results could materially differ from
what is expressed, implied or forecast in such statements. Except
as required by law, the Company expressly disclaims any obligation
to and does not intend to publicly update or revise any
forward-looking statements.
The Company cautions you that these forward-looking statements
are subject to all of the risks and uncertainties incident to the
Company’s business, most of which are difficult to predict and many
of which are beyond the Company’s control. These risks include, but
are not limited to, the risks described under the heading “Risk
Factors” in the Company’s Annual Report on Form 10-K for the year
ended December 31, 2023 and its subsequently filed Quarterly
Reports on Form 10-Q.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20240808611233/en/
Joanna Park (Investor Relations) (818) 661-3731
Joanna.Park@crc.com
Richard Venn (Media) (818) 661-6014 Richard.Venn@crc.com
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