PSEG Power Announces Expiration of Early Participation Period for Exchange Offer
25 August 2009 - 2:30PM
PR Newswire (US)
NEWARK, N.J., Aug. 25 /PRNewswire/ -- PSEG Power LLC ("PSEG
Power"), a wholly-owned subsidiary of Public Service Enterprise
Group Incorporated (NYSE: PEG), announced today the expiration of
the early participation period in connection with its offer to
eligible holders to exchange any and all of the outstanding 8.50%
Senior Notes due 2011 (the "Energy Holdings notes") of its
affiliate, PSEG Energy Holdings, L.L.C., held by them for
newly-issued PSEG Power Senior Notes due 2016 (the "Power notes"),
fully and unconditionally guaranteed by PSEG Power's three
principal operating subsidiaries (the "subsidiary guarantees"),
plus a cash payment plus a cash early participation payment, if
eligible. As of 5:00 p.m., New York City time, on August 24, 2009
(the "early participation date"), the aggregate principal amount of
Energy Holdings notes validly tendered and not validly withdrawn
was approximately $333 million, which represents approximately
67.3% of the outstanding Energy Holdings notes. Accordingly, as
described in a confidential offering memorandum and consent
solicitation statement dated August 10, 2009 (the "offering
memorandum"), as supplemented, and the related letter of
transmittal and consent (collectively, the "exchange offer
documents"), the minimum condition that a majority in aggregate
principal amount of the outstanding Energy Holdings notes be
validly tendered and not validly withdrawn has been met and
sufficient consents to adopt the amendments to the indenture under
which the Energy Holdings Notes were issued, as described in the
offering memorandum, have been received. Holders of the Energy
Holdings notes who validly tendered and did not validly withdraw
Energy Holdings notes at or prior to 5:00 p.m., New York City time,
on the early participation date, and whose tenders are accepted for
exchange by PSEG Power, will receive the "total exchange
consideration", which will be, for each $1,000 principal amount of
Energy Holdings notes tendered and accepted, $1,100.00 of
consideration comprised of: -- $825.00 principal amount of Power
notes, plus -- a cash payment equal to $245.00, plus -- a cash
"early participation payment" equal to $30.00 The exchange offer
will expire at midnight, New York City time, on September 4, 2009,
unless extended or earlier terminated. Eligible holders who validly
tender Energy Holdings notes after the early participation date but
at or prior to the expiration date, and whose tenders are accepted
for exchange by PSEG Power, will receive the total exchange
consideration minus the early participation payment. Energy
Holdings notes tendered may no longer be withdrawn, except where
additional withdrawal rights are required by law (as determined by
PSEG Power in its sole discretion). Consummation of the exchange
offer is subject to a number of conditions, including the absence
of certain adverse legal and market developments. If and when
issued, the Power notes and the subsidiary guarantees will not have
been registered under the Securities Act of 1933 or any state
securities laws. The Power notes and subsidiary guarantees may not
be offered or sold in the United States or to any U.S. persons
except pursuant to an exemption from, or in a transaction not
subject to, the registration requirements of the Securities Act of
1933 and applicable state securities laws. PSEG Power will enter
into a registration rights agreement with respect to the Power
notes. The exchange offer is only made, and copies of the exchange
offer documents will only be made available, to a holder of Energy
Holdings notes who has certified in an eligibility letter certain
matters to PSEG Power, including its status as a "qualified
institutional buyer" as defined in Rule 144A under the Securities
Act of 1933 or that it is a person other than a "U.S. person" as
defined in Rule 902 under the Securities Act of 1933. The exchange
offer documents and further information about the exchange offer
are available to eligible holders from Global Bondholder Services
Corporation at (866) 857-2200 or (212) 430-3774. This press release
does not constitute an offer or an invitation by PSEG Power to
participate in the exchange offer in any jurisdiction in which it
is unlawful to make such an offer or solicitation in such
jurisdiction. FORWARD-LOOKING STATEMENT Readers are cautioned that
statements contained in this press release about our and our
subsidiaries' future performance, including future revenues,
earnings, strategies, prospects and all other statements that are
not purely historical, are forward-looking statements for purposes
of the safe harbor provisions under The Private Securities
Litigation Reform Act of 1995. Although we believe that our
expectations are based on reasonable assumptions, we can give no
assurance they will be achieved. The results or events predicted in
these statements may differ materially from actual results or
events. Factors which could cause results or events to differ from
current expectations include, but are not limited to: -- Adverse
changes in energy industry, law, policies and regulation, including
market structures and rules, and reliability standards. -- Any
inability of our energy transmission and distribution businesses to
obtain adequate and timely rate relief and regulatory approvals
from federal and state regulators. -- Changes in federal and/or
state environmental regulations that could increase our costs or
limit operations of our generating units. -- Changes in nuclear
regulation and/or developments in the nuclear power industry
generally, that could limit operations of our nuclear generating
units. -- Actions or activities at one of our nuclear units that
might adversely affect our ability to continue to operate that unit
or other units at the same site. -- Any inability to balance our
energy obligations, available supply and trading risks. -- Any
deterioration in our credit quality. -- Availability of capital and
credit at reasonable pricing terms and our ability to meet cash
needs. -- Any inability to realize anticipated tax benefits or
retain tax credits. -- Increases in the cost of or interruption in
the supply of fuel and other commodities necessary to the operation
of our generating units. -- Delays or cost escalations in our
construction and development activities. -- Adverse investment
performance of our decommissioning and defined benefit plan trust
funds and changes in discount rates and funding requirements. --
Changes in technology and/or increased customer conservation. For
further information, please refer to our Annual Report on Form
10-K, including item 1A. Risk Factors, and subsequent reports on
Form 10-Q and Form 8-K filed with the Securities and Exchange
Commission. These documents address in further detail our business,
industry issues and other factors that could cause actual results
to differ materially from those indicated in this release.
Forward-looking statements made herein only apply as of this date.
While we may elect to update forward-looking statements from time
to time, we specifically disclaim any obligation to do so, even if
our internal estimates change, unless otherwise required by
applicable securities laws. Public Service Enterprise Group is a
publicly traded diversified energy company with annual revenues of
more than $13 billion, and three principal subsidiaries: PSEG
Power, Public Service Electric and Gas Company (PSE&G) and PSEG
Energy Holdings. Want to know what's new at PSEG? Go to
http://www.pseg.com/getnews and sign up to have our press releases
and weekly environmental commentaries sent right to your inbox.
DATASOURCE: PSEG Power CONTACT: Media, Paul Rosengren,
+1-973-430-5911, or Investors, Kathleen Lally, +1-973-430-6565,
both of PSEG Power Web Site: http://www.pseg.com/
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