Perdigao S.A. Announcement to the Market
31 Oktober 2007 - 12:25AM
PR Newswire (US)
SAO PAULA, Brazil, Oct. 30 /PRNewswire-FirstCall/ -- Pursuant to
and for the purposes of the Brazilian Securities and exchange
Commission (CVM) Instruction 358/02, as amended, the managements of
Perdigao S.A. ("Perdigao") and Eleva Alimentos S.A. ("Eleva") wish
to announce that Perdigao, Eleva and the controlling shareholders
of Eleva have today signed a Share Purchase and Other Covenants
Agreement ("Share Purchase Agreement") whereby (a) the controlling
shareholders of Eleva undertake to sell to Perdigao 23,170,146
shares of Eleva representative of 46.23% of the stake in the
company held by them and corresponding to 35.74% of the voting and
total capital of Eleva at the price of R$ 25.8162443 per share, to
be paid on or before December 30, 2007, subject to compliance with
the conditions set forth on pursuant to the Share Purchase
Agreement; and (b) through the incorporation of the shares of Eleva
by Perdigao ("Incorporation of Shares"), it is hereby established
that Perdigao shall take ownership of the remaining stake of 53.77%
held by the controlling shareholders, representing 41.57% of the
voting and total capital of Eleva in such a manner that the
controlling shareholders shall receive 15,463,349 shares of
Perdigao as a consequence of the Incorporation of Shares. With the
conclusion of these transactions, Perdigao shall take shareholding
control of Eleva, the latter becoming a wholly owned subsidiary of
Perdigao. 1. Stages of the Transaction (i) With the purpose of
financing the acquisition of the shares of Eleva, which shall be
paid in cash, pursuant to item (a) above, Perdigao shall make a
public offering comprising a primary distribution of its common
shares in Brazil ("Primary Offering"), the request for registration
of which has been approved on October 30, 2007 by Perdigao's Board
of Directors and shall be filed with the CVM on the same date. (ii)
The Common Shares will not be registered with the U.S. Securities
and Exchange Commission (SEC) and thus may only be offered and sold
in the United States of America on the basis of exemption or in
transactions not subject to registration with the SEC. (iii) As
soon as the requirements under the provisions in articles 224 and
successive articles thereafter of Law 6,404/76 and in CVM
Instruction 319/99, both as amended have been complied with, the
managements of Perdigao and Eleva shall convene a general meeting
of their shareholders to decide on the Incorporation of Shares,
including the approval of experts hired to prepare the reports
required for the realization of the Incorporation of Shares, these
reports, as with the other documents required under said
legislation, to be made available to the shareholders of the
companies, parties to the transaction. (iv) Following the payment
of the shares to be acquired for cash from the controlling
shareholders of Eleva, pursuant to item (a) above, Perdigao shall
hold a public offering for the acquisition of the shares of the
minority shareholders of Eleva, pursuant to article 254-A of Law
6,404/76, at the same price and under the same conditions of
acquisition as the other shares held by Eleva's controlling
shareholder ("Tag Along Offering"), that is, through payment in
cash for 46.23% of the shares held by the minority shareholders at
the price of R$ 25.8162443 per share, and the issue and delivery to
these shareholders of shares of Perdigao, as a result of the
Incorporation of Shares, for the remaining 53.77% of the shares
held by the minority shareholders, in the proportion of 1 share
issued by Perdigao for 1.74308855 shares issued by Eleva. 2.
Reasons for the Transaction. The managements of Perdigao and Eleva
believe that the transaction will create shareholder value for both
companies. The operation should also additionally allow the capture
of financial and commercial synergies in addition to the tax
benefits generated from the amortization of the goodwill resulting
from the acquisition. 3. Exchange Ratio for the Incorporation of
Shares. For the purposes of establishing the exchange ratio of the
shares issued by Eleva for shares issued by Perdigao, Eleva and
Perdigao were evaluated by Banco de Investimentos Credit Suisse
(Brasil) S.A according to the same criterion, that of economic
value, using the discounted cash flow method. Based on this
evaluation, Eleva's shareholders shall receive, on the
Incorporation of Shares, 1 share of Perdigao for each 1.74308855
shares of Eleva in their ownership. 4. Right of Withdrawal. The
approval of the decisions with respect to the Incorporation of
Shares described herein shall not give right of withdrawal to the
shareholders of Perdigao, pursuant to article 137, subsection II of
Law 6,404/76. The minority shareholders of Eleva shall have the
right of withdrawal pursuant to Law 6,404/76. 5. Valuation Criteria
of the Shares of Eleva and Treatment of Subsequent Variations in
Asset Value. The shares to be incorporated by Perdigao shall be
evaluated on the basis of their economic value as at the baseline
date of September 30, 2007. Banco de Investimentos Credit Suisse
S.A shall prepare Eleva's valuation report for the purposes of the
increase in capital of Perdigao. Variations in value that occur in
Eleva's assets between the baseline date of the valuation report
and the date of the shareholders' meeting that approves the
resolution for the Incorporation of Shares shall be absorbed by
Perdigao through equity adjustment. 6. Increase in Perdigao's
Capital. The increase in capital, through the issue of new shares,
shall be effected within the limits of the authorized capital,
pursuant to the resolution of the General Shareholders' Meeting.
The shares to be issued by Perdigao in the light of the
Incorporation of Shares shall be entitled to the same rights
attributed to the other shares issued by Perdigao as from the date
the Incorporation of Shares becomes effective. 7. Valuation
Institutions. Banco de Investimentos Credit Suisse (Brasil) S.A.
has been hired to prepare the economic reports of Perdigao and
Eleva for the purposes of determining the exchange ratio of the
shares of Eleva for shares of Perdigao and to verify the value of
the increase of capital of Perdigao resulting from the
Incorporation of Shares. Planconsult Planejamento e Consultoria
Ltda has been hired to prepare the valuation of shareholders'
equity of Perdigao and Eleva at market prices. The hiring of these
institutions is subject to ratification by the general
shareholders' meetings of the companies which shall deliberate on
the Incorporation of Shares. Banco de Investimentos Credit Suisse
(Brasil) S.A. and Planconsult Planejamento e Consultoria Ltda. have
declared, each one in relation to itself, that there is no conflict
or community of interests, current or potential, with the
controlling shareholders of Perdigao or Eleva or with their
respective minority shareholders, or with their partners or
involving the operation itself. 8. Brazilian Anti-Trust System. The
transaction will be submitted to the Brazilian anti-trust
authorities (Administrative Council of Economic Defense - CADE,
Secretariat of Economic Law - SDE and the Secretariat of Economic
Monitoring - SEAE). 9. Additional Information. Additional
information on the Incorporation of Shares required pursuant to CVM
Instruction 319/99 shall be the subject of a further announcement
of a material fact to be published as soon as all the terms and
conditions of the Incorporation of Shares have been approved and
the valuation reports finalized. The documents relative to the
Incorporation of Shares shall be made available to the shareholders
of the companies involved as from the date of publication of the
convening notices to the said general shareholders' meetings at the
following addresses between 9:00 a.m. and 5:00 p.m. upon submission
of the statement showing the shareholder's position, issued no less
than 2 (two) days previously. Further information may be obtained
by calling Ms. Edina Biava on (55 11)3718-5465, 3718-5301 e
3718-5306 or Mr. Alexandre Torrano on (55 51)3371-7491. Addresses:
(i) shareholders of Perdigao: Av. Escola Politecnica, 760, CEP
05350-901, Sao Paulo - SP - CEP and (ii) shareholders of Eleva: -
Av. das Industrias, 720, CEP 90200-290, Porto Alegre - RS. Sao
Paulo, October 30, 2007. Nildemar Secches Shan Ban Chum Chairman of
the Board of Directors Chairman of the Board of Directors and Chief
Executive Officer of of Eleva Alimentos S.A. Perdigao S.A. Wang Wei
Chang Claudio Santos Chief Financial Officer and Chief Financial
Officer and Investor Investor Relations Director of Relations
Director of Perdigao S.A. Eleva Alimentos S.A DATASOURCE: Perdigao
S.A. Contact: Ms. Edina Biava, (55 11)3718-5465, 3718-5301 e
3718-5306; or Mr. Alexandre Torrano on (55 51)3371-7491, for
Perdigao S.A. Web site: http://www.perdigao.com.br/
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