- 06.10.2016, 06:49:22
- /
- OTS0006
Kärntner Ausgleichzahlungs-Fonds Provides Update on Tender and Exchange Offer (Englisch)
Wien (OTS) - Kärntner Ausgleichszahlungs-Fonds (K-AF) today announced 
 that it has received information that, pursuant to the offers set forth in 
 the offering memorandum dated 6 September 2016 (the “Offering Memorandum”), 
 as of 17:00 hours Vienna time (CEDT) on 5 October 2016, the aggregate
 nominal amount of senior debt instruments and subordinated debt
 instruments subject to the offers which have been tendered by holders
 are above the requisite majorities required by § 2a (4) of the
 Austrian Financial Market Stability Act (Finanzmarktstabilitätsgesetz
 or “FinStaG”). Based on the currently available preliminary
 calculations, holders have tendered instruments in the aggregate of
 approximately 94.8% of the outstanding nominal amount of senior and
 subordinated debt instruments subject to the offers (including
 approximately 95.3% of the outstanding nominal amount of senior debt
 instruments and approximately 89.2% of the outstanding nominal amount
 of subordinated debt instruments).
Assuming that holders of tendered instruments do not withdraw their
 tenders prior to the end of the offer period, the K-AF expects that
 the requisite majorities under § 2a (4) FinStaG will have been
 obtained. There can be no guarantee however that the requisite
 majorities under § 2a (4) FinStaG will be achieved and that the
 transaction conditions to the offers will therefore be satisfied.
 The offer period ends at 17:00 hours Vienna time (CEDT) on Friday, 7
 October 2016 and cannot be extended. There is no possibility to
 tender debt instruments after expiry of the offer period.
The K-AF intends to announce the preliminary results of the offers at
 around 10:30 hours Vienna time (CEDT) on Monday, 10 October 2016 and
 the maturity dates of the New Debt Instruments (as defined in the
 Offering Memoranum) at around 12:30 hours Vienna time (CEDT) on
 Monday, 10 October 2016. The FinStaG results announcement pursuant to
 § 2a (4) FinStaG is expected to be made and settlement of the offers
 is expected to occur on 12 October 2016.
The details of the offers are published on the website of K-AF at
 http://kaerntner-ausgleichszahlungsfonds.gv.at.
DISCLAIMER
General
This press release is for information purposes only and shall not
 constitute or be construed as an offer to buy, sell, issue, or
 subscribe for, or the solicitation of an offer to buy, sell, issue,
 or subscribe for any securities, nor shall there be any sale of
 securities in any jurisdiction in which such offer, solicitation or
 sale would be unlawful prior to registration or qualification under
 the securities laws of any such jurisdiction. Copies of this press
 release are not being made and may not be distributed or sent into
 Australia, Canada, Japan, the United States or any other jurisdiction
 in which such distribution would be unlawful or would require
 registration or other measures.
United States
The securities mentioned herein have not been and will not be
 registered under the U.S. Securities Act of 1933, as amended (the
 "Securities Act"). Subject to certain exceptions, the securities
 mentioned herein may not be offered or sold in the United States,
 except pursuant to registration or an exemption from the registration
 requirements under the Securities Act. No public offering of the
 securities will be made in the United States.
United Kingdom
The communication of this press release and any other documents or
 materials relating to the offers is not being made, and such
 documents and/or materials have not been approved, by an authorised
 person for the purposes of section 21 of the Financial Services and
 Markets Act 2000, as amended. Accordingly, such documents and/or
 materials are not being distributed to, and must not be passed on to,
 the general public in the United Kingdom. The communication of such
 documents and/or materials as a financial promotion is only being
 made to (1) persons who have professional experience in matters
 relating to investments, being investment professionals as defined in
 Article 19 of the Financial Services and Markets Act 2000 (Financial
 Promotion) Order 2005 (the "Financial Promotion Order"); (2) persons
 who fall within Article 49 of the Financial Promotion Order ("high
 net worth companies, unincorporated associations etc."); or (3) any
 other persons to whom these documents and/or materials may lawfully
 be communicated under the Financial Promotion Order.
France
The offers are not being made, directly or indirectly, to the public
 in the Republic of France ("France"). Neither this press release nor
 any other documents or materials relating to the offers have been or
 shall be distributed to the public in France and only (i) providers
 of investment services relating to portfolio management for the
 account of third parties (personnes fournissant le service
 d'investissement de gestion 3 de portefeuille pour compte de tiers)
 and/or (ii) qualified investors (investisseurs qualifiés) other than
 individuals, in each case acting on their own account and all as
 defined in, and in accordance with, Articles L.411 -1, L.411-2 and
 D.411-1 to D.411-3 of the French Code Monétaire et Financier, are
 eligible to accept the Offers. This press release and any other
 document or material relating to the offers have not been and will
 not be submitted for clearance to nor approved by the Autorité des
 marchés financiers.
Belgium
Neither this press release nor any other documents or materials
 relating to the offers have been submitted to or will be submitted
 for approval or recognition to the Belgian Financial Services and
 Markets Authority and, accordingly, the offers may not be made in
 Belgium by way of a public offering, as defined in Article 3 of the
 Belgian Law of 1 April 2007 on public takeover bids, as amended or
 replaced from time to time. Accordingly, the offers may not be
 advertised and the offers will not be extended, and neither this
 press release nor any other documents or materials relating to the
 offers (including any memorandum, information circular, brochure or
 any similar documents) has been or shall be distributed or made
 available, directly or indirectly, to any person in Belgium other
 than "qualified investors" within the meaning of Article 10 of the
 Belgian Law of 16 June 2006 on public offerings of investment
 instruments and the admission of investment instruments to trading on
 regulated markets (as amended from time to time).
Italy
None of the offers, this press release or any other documents or
 materials relating to the offers has been or will be submitted to the
 clearance procedure of the Commissione Nazionale per le Società e la
 Borsa ("CONSOB"). The offers are being carried out in the Republic of
 Italy as exempted offers pursuant to article 101-bis, paragraph 3-bis
 of the Legislative Decree No. 58 of 24 February 1998, as amended (the
 "Italian Financial Services Act") and article 35-bis, paragraph 4 of
 CONSOB Regulation No. 11971 of 14 May 1999. Holders, or beneficial
 owners of the Instruments, can tender some or all of their
 Instruments pursuant to the offers through authorised persons (such
 as investment firms, banks or financial intermediaries permitted to
 conduct such activities in Italy in accordance with the Italian
 Financial Services Act, CONSOB Regulation No. 16190 of 29 October
 2007, as amended from time to time, and Legislative Decree No. 385 of
 1 September 1993, as amended) and in compliance with applicable laws
 and regulations or with requirements imposed by CONSOB or any other
 Italian authority. Each intermediary must comply with the applicable
 laws and regulations concerning information duties vis-à-vis its
 clients in connection with the Instruments or the offers.
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