indie Semiconductor, Inc. (“indie” or “we”) (NASDAQ: INDI), an
automotive solutions innovator, today announced that it plans to
offer, subject to market and other conditions, $175 million
aggregate principal amount of its Convertible Senior Notes due 2029
(the “notes”) through a private offering to persons reasonably
believed to be qualified institutional buyers in reliance on Rule
144A under the Securities Act of 1933, as amended (the “Securities
Act”). indie expects to grant the initial purchasers in the
offering an option to purchase, during a 13-day period beginning
on, and including, the date on which the notes are first issued, up
to an additional $26.25 million aggregate principal amount of
notes.
The final terms of the notes, including the initial conversion
rate, interest rate and certain other terms of the notes will be
determined at the time of the pricing of the offering. If and when
issued, the notes will be senior unsecured obligations of indie,
and will be convertible by the holder of the notes into, subject to
various conditions, cash, shares of indie’s Class A common stock
(“common stock”) or a combination of cash and common stock, at
indie’s election. Interest on the notes will be payable
semiannually in arrears on June 15 and December 15 of each year,
beginning on June 15, 2025. The notes will mature on December 15,
2029, unless earlier repurchased, redeemed or converted. Subject to
certain conditions, indie may redeem for cash all or any portion of
the notes, at its option, on or after December 20, 2027. If indie
redeems fewer than all the outstanding notes, at least $50 million
aggregate principal amount of notes must be outstanding and not
subject to redemption as of the relevant redemption notice
date.
In connection with the pricing of the notes, indie expects to
enter into privately negotiated capped call transactions (the
“capped call transactions”) with one or more of the initial
purchasers or their respective affiliates and/or other financial
institutions (the “option counterparties”). The capped call
transactions cover, subject to customary adjustments substantially
similar to those applicable to the notes, the number of shares of
indie’s common stock initially underlying the notes. The capped
call transactions are expected generally to reduce the potential
dilution to indie’s common stock upon any conversion of the notes
and/or offset any cash payments indie may be required to make in
excess of the principal amount of converted notes, as the case may
be, with such reduction and/or offset subject to a cap. If the
initial purchasers exercise their option to purchase additional
notes, indie expects to enter into additional capped call
transactions with the option counterparties.
indie intends to use a portion of the net proceeds from the
notes offering to pay the cost of the capped call transactions.
indie intends to use the remainder of the net proceeds from the
offering for working capital and general corporate purposes, which
may include potential acquisitions. However, indie does not have
agreements or understandings with respect to any acquisitions at
this time.
In connection with establishing their initial hedges of the
capped call transactions, the option counterparties or their
respective affiliates expect to purchase shares of common stock
and/or enter into various derivative transactions with respect to
indie’s common stock concurrently with or shortly after the pricing
of the notes. These activities could increase (or reduce the size
of any decrease in) the market price of indie’s common stock or the
notes at that time. In addition, the option counterparties or their
respective affiliates may modify their hedge positions by entering
into or unwinding various derivatives with respect to indie’s
common stock and/or purchasing or selling common stock or other
securities of indie in secondary market transactions following the
pricing of the notes and prior to the maturity of the notes (and
are likely to do so during any observation period related to a
conversion of the notes or, to the extent indie exercises the
relevant election under the capped call transactions, following any
repurchase or redemption of the notes). This activity could also
cause or avoid an increase or a decrease in the market price of
indie’s common stock or the notes, which could affect the ability
of holders to convert the notes and, to the extent the activity
occurs during any observation period related to a conversion of the
notes, it could affect the number of shares and value of the
consideration that a holder will receive upon conversion of its
notes.
The notes and the shares of common stock issuable upon
conversion of the notes, if any, have not been, and will not be,
registered under the Securities Act, or under any state securities
laws, and may not be offered or sold in the United States without
registration under, or an applicable exemption from, the
registration requirements. This press release is not an offer to
sell, nor is it a solicitation of an offer to buy, these
securities, nor shall there be any sale of these securities in any
state or jurisdiction in which such an offer, solicitation or sale
would be unlawful prior to registration or qualification under the
securities laws of any state or any jurisdiction. This press
release is issued pursuant to Rule 135c under the Securities
Act.
About indie
Headquartered in Aliso Viejo, CA, indie is empowering the
automotive revolution with next generation semiconductors,
photonics and software platforms. We focus on developing
innovative, high-performance and energy-efficient technology for
ADAS, in-cabin user experience and electrification applications.
Our mixed-signal SoCs enable edge sensors spanning Radar, LiDAR,
Ultrasound, and Computer Vision, while our embedded system control,
power management and interfacing solutions transform the in-cabin
experience and accelerate increasingly automated and electrified
vehicles. As a global innovator, we are an approved vendor to Tier
1 partners and our solutions can be found in marquee automotive
OEMs worldwide.
Safe Harbor Statement
This communication contains “forward-looking statements”
(including within the meaning of Section 21E of the United States
Securities Exchange Act of 1934, as amended, and Section 27A of the
Securities Act of 1933, as amended). Such statements can be
identified by words such as “will likely result,” “expect,”
“anticipate,” “estimate,” “believe,” “intend,” “plan,” “project,”
“outlook,” “should,” “could,” “may” or words of similar meaning and
include, but are not limited to, statements regarding our future
business and financial performance and prospects, including our
expectations regarding the proposed offering of notes and related
capped call transactions described in this press release, the
completion, timing and size of the proposed offering, the effects
of entering into the capped call transactions and the anticipated
use of proceeds therefrom. Such forward-looking statements are
based upon the current beliefs and expectations of our management
and are inherently subject to significant business, economic and
competitive uncertainties and contingencies, many of which are
difficult to predict and generally beyond our control. Actual
results and the timing of events may differ materially from the
results included in such forward-looking statements. In addition to
the factors previously disclosed in our Annual Report on Form 10-K
for the fiscal year ended December 31, 2023 filed with the SEC on
February 29, 2024 (and as amended by Amendment No. 1 to the Form
10-K filed with the SEC on March 20, 2024) and in our other public
reports filed with the SEC (including those identified under “Risk
Factors” therein), the following factors, among others, could cause
actual results and the timing of events to differ materially from
the anticipated results or other expectations expressed in the
forward-looking statements: macroeconomic conditions, including
inflation, rising interest rates and volatility in the credit and
financial markets; the impacts of the ongoing conflicts in Ukraine
and the Middle East, our reliance on contract manufacturing and
outsourced supply chain and the availability of semiconductors and
manufacturing capacity; competitive products and pricing pressures;
our ability to win competitive bid selection processes and achieve
additional design wins; the impact of recent acquisitions made and
any other acquisitions we may make, including our ability to
successfully integrate acquired businesses and risks that the
anticipated benefits of any acquisitions may not be fully realized
or take longer to realize than expected; our ability to develop,
market and gain acceptance for new and enhanced products and expand
into new technologies and markets; trade restrictions and trade
tensions; and political or economic instability in our target
markets; the inability to maintain the listing of our common stock
on Nasdaq; our ability to effectively deploy the net proceeds from
the issuance of the notes; and other risks described from time to
time in periodic and current reports that we file with the SEC. All
forward-looking statements in this press release are expressly
qualified in their entirety by the foregoing cautionary
statements.
Investors are cautioned not to place undue reliance on the
forward-looking statements in this press release, which information
set forth herein speaks only as of the date hereof. We do not
undertake, and we expressly disclaim, any intention or obligation
to update any forward-looking statements made in this announcement
or in our other public filings, whether as a result of new
information, future events or otherwise, except as required by
law.
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