China Security & Surveillance Technology, Inc. Announces Restructuring of Outstanding Guaranteed Senior Unsecured Convertible No
19 August 2009 - 3:27PM
PR Newswire (US)
SHENZHEN, China, Aug. 19 /PRNewswire-Asia/ -- China Security &
Surveillance Technology, Inc. ("China Security", "CSST" or the
"Company") (NYSE: CSR; Nasdaq Dubai: CSR), a leading provider of
digital surveillance technology in the PRC, today announced it has
signed the Notes Purchase Agreement with Citadel Equity Fund Ltd.
("Citadel") under which the parties will restructure the Company's
two existing Guaranteed Senior Unsecured Convertible Notes due 2012
(the "Existing Notes") into two new tranches of notes. The new
tranches of notes ("New Notes") will consist of the Tranche A Zero
Coupon Guaranteed Senior Unsecured Convertible Notes (the "Tranche
A Notes") and the Tranche B Zero Coupon Guaranteed Senior Unsecured
Notes (the "Tranche B Notes"). As an inducement to the
restructuring of the Existing Notes, the Company will pay to
Citadel $5.0 million cash and 2.9 million restricted shares. The
restructuring is expected to close, subject to the satisfaction of
customary closing conditions, on or about August 31, 2009. The
Tranche A Notes will have a principal amount of $50,000,000, zero
coupon interest, and mature in three years from the closing date.
The Company will repay the principal amount in six consecutive
semi-annual installments, starting six months from the closing
date, with 25%, 25% and 50% of the principal amount to be repaid in
the first, second and third year, respectively. The conversion
price will be $10.00 per share initially, subject to customary
conversion price adjustments, anti-dilution protections and a
one-time price reset on the date that is eighteen months following
the Closing Date (the "Reset Date") based on the volume weighted
average price of the Company's shares during the 45 trading days
immediately preceding the Reset Date, provided that the conversion
price shall be adjusted to no lower than $6.00 per share. Citadel
will be subject to certain short selling restrictions. The Tranche
B Notes, which are not convertible, will have a principal amount of
$84,000,000, zero coupon interest, and mature in three years from
the closing date. The Company will repay the principal amount in
six consecutive semi-annual installments, starting six months from
the closing date, with 46%, 46% and 8% of the principal amount to
be repaid in the first, second and third year, respectively. Mr.
Guo Shen Tu, Chief Executive Officer of CSST, commented, "I am
pleased that we have reached a favorable agreement with Citadel on
the restructuring of our existing notes. We believe the
restructured terms will lower CSST's overall cost of capital,
provide greater flexibility to our capital structure, and allow us
greater agility to pursue additional strategic opportunities.
Though the cash and stock payments may reduce our EPS in the
near-term, the restructured notes should provide us with
significant cost savings in the long run. We are also delighted
that the new terms include the removal of certain covenants in the
existing notes that impose restrictions on CSST's ability to
conduct strategic transactions and financing transactions.
Throughout this process, we are highly appreciative of our
shareholders' continued support, and we are confident this
restructuring will ultimately be beneficial to all stakeholders, as
the new terms should enable CSST to further strengthen its balance
sheet and capital structure, and to further augment its strategic
expansions and long term growth." Additional New Notes Details: The
Company will be entitled to redeem the New Notes at any time with
no premium or penalty at a redemption price equal to 100% of the
principal amount of the New Notes to be redeemed, plus default
interest, if any. On the closing date, the Company is also expected
to enter into a new indenture for Tranche A Notes and a new
indenture for the Tranche B Notes (the "New Indentures") and a
Second Amended and Stated Investor Rights Agreement. The New
Indentures will contain customary negative covenants similar to
those in the indentures governing the Existing Notes. The Second
Amended and Stated Investor Rights Agreement is expected to remove
certain covenants in the existing Investor Rights Agreement that
impose restrictions on the Company's ability to conduct strategic
transactions and financing transactions, including, among other
things, the limitation on the total number of shares of common
stock outstanding, the right of first refusal, and restrictions on
the per share price of securities issued or sold by the Company.
Existing Notes Details: In February 2007 and April 2007, the
Company raised $60.0 million and $50.0 million, respectively,
through two guaranteed senior unsecured convertible note financings
with Citadel. These notes bear interest at a rate of 1% per annum
and are due in 2012. Under the indentures, if the notes are not
converted before their respective maturities, the notes are to be
redeemed by the Company on the maturity date at a redemption price
equal to 100% of the principal amount of the notes then outstanding
plus an additional amount of 15% per annum, calculated on a
quarterly compounded basis, plus any accrued and unpaid interest.
As of June 30, 2009, the Company accrued $44.3 million as a
redemption amount payable under the notes. Unlike the annual
interest rate of 1% that the Company is actually paying out to the
note holders under the notes on a semi- annual basis, the Company
would only pay the accrued redemption amount under the notes if the
notes are not converted into the Company's common stock before
their respective maturity dates and are redeemed in accordance with
their terms. About China Security & Surveillance Technology,
Inc. Based in Shenzhen, China, CSST manufactures, distributes,
installs and services surveillance and safety products and systems
as well as develops surveillance and safety related software in
China. Its customers are mainly comprised of commercial and
government entities and non-profit organizations. CSST has built a
diversified customer base through its extensive sales and service
network that includes over 150 branch offices and distribution
points throughout China. To learn more about the Company visit
http://www.csst.com/ . Safe Harbor Statement This press release may
include certain statements that are not descriptions of historical
facts, but are forward-looking statements. Such statements include,
among others, those concerning the restructuring of the Existing
Notes, our expected financial performance and strategic and
operational plans, our future operating results, our expectations
regarding the market for our surveillance and safety products, as
well as all assumptions, expectations, predictions, intentions or
beliefs about our relative strength and about future events.
Forward-looking statements can be identified by the use of
forward-looking terminology such as 'will,' 'believes,' 'expects'
or similar expressions. Such information is based upon expectations
of our management that were reasonable when made but may prove to
be incorrect. All of such assumptions are inherently subject to
uncertainties and contingencies beyond our control and based upon
premises with respect to future business decisions, which are
subject to change. The restructuring transaction described herein
may not proceed as described, or at all, as the closing of such
transaction is subject to the satisfaction of the closing
conditions as provided in the note purchase agreement. We do not
undertake to update the forward- looking statements contained in
this press release. For a description of the risks and
uncertainties that may cause actual results to differ from the
forward-looking statements contained in this press release, see our
most recent Annual Report on Form 10-K filed with the Securities
and Exchange Commission ('SEC'), and our subsequent SEC filings.
Copies of filings made with the SEC are available through the SEC's
electronic data gathering analysis retrieval system at
http://www.sec.gov/. For more information, please contact: Company
Contact: Terence Yap Tel: +86-755-8351-5634 Email: Investor
Contact: ICR: Michael Tieu Tel: +86-10-6599-7960 Email: Bill Zima
Tel: +1-203-682-8200 Email: Media Contact: Patrick Yu
Fleishman-Hillard Hong Kong Tel: +852-2530-2577 Email: DATASOURCE:
China Security & Surveillance Technology, Inc. CONTACT: Terence
Yap, +86-755-8351-5634, ; or ICR Michael Tieu, +86-10-6599-7960, ;
or Bill Zima, +1-203-682-8200, ; or Patrick Yu with
Fleishman-Hillard Hong Kong, +852- 2530-2577, , all for CSR
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