Sonic Corp. (“Sonic”) (NASDAQ: SONC) and Inspire Brands, Inc.
(“Inspire”) today announced that they have entered into a
definitive merger agreement under which Inspire will acquire Sonic
for $43.50 per share in cash in a transaction valued at
approximately $2.3 billion including the assumption of Sonic’s net
debt.
Inspire is a multi-brand restaurant company whose portfolio
includes more than 4,700 Arby’s, Buffalo Wild Wings, and Rusty Taco
locations worldwide. Following the completion of the transaction,
Sonic will be a privately-held subsidiary of Inspire and will
continue to be operated as an independent brand.
The agreement, which has been unanimously approved by Sonic’s
Board of Directors, represents a premium of approximately 19% per
share to Sonic’s closing stock price on September 24, 2018 and a
premium of approximately 21% to Sonic’s 30-day volume-weighted
average price.
“Sonic is a highly differentiated brand and is an ideal fit for
the Inspire family,” said Paul Brown, Chief Executive Officer of
Inspire Brands. “We have tremendous respect for Sonic’s exceptional
team of employees and franchise owners, who have built one of the
industry’s most distinctive restaurant brands.”
“We’re excited to build on Sonic’s momentum as we leverage our
combined expertise and capabilities to better serve guests, further
support team members and franchisees and drive long-term
growth.”
“This value-maximizing transaction validates the actions we have
taken over the last year to grow traffic and improve sales while
delivering differentiated offerings and superior guest service,”
said Cliff Hudson, Sonic Corp. CEO. “Our Board of Directors, taking
into account the views of shareholders, conducted a comprehensive
review of a wide range of strategic options to maximize shareholder
value. This transaction delivers significant, immediate and certain
value to Sonic shareholders, and the private ownership structure
will provide important benefits to our guests, franchisees and
employees.
“As one of the largest owner-operators of company-owned and
franchised restaurant brands, Inspire appreciates the unique
culture of collaboration between Sonic and our franchisees. Sonic
franchisees are engaged in planning regarding technology, new
products and marketing programs, and the team at Inspire recognizes
the central role our franchisees have played, and will continue to
play, in Sonic’s success. We look forward to working closely with
Inspire as we continue to provide made-to-order American classics,
distinctive flavors and the most personalized guest experience in
our industry.”
Transaction Details
The transaction is subject to the approval of Sonic shareholders
and the satisfaction of customary closing conditions, including
applicable regulatory approvals, and will close by the end of the
year.
Advisors
Guggenheim Securities, LLC is serving as financial advisor to
Sonic and Shearman & Sterling LLP is serving as its legal
counsel. White & Case LLP is serving as legal counsel to
Inspire.
About Sonic
SONIC, America's Drive-In is the nation's largest drive-in
restaurant chain serving approximately 3 million customers every
day. Ninety-five percent of SONIC’s more than 3,600 drive-ins are
owned by local business men and women. For 65 years, SONIC has
delighted guests with signature menu items, 1.3 million drink
combinations and friendly service by iconic Carhops. Since the 2009
launch of SONIC's Limeades for Learning philanthropic campaign in
partnership with DonorsChoose.org, SONIC has donated $10.4 million
to public school teachers nationwide to fund essential learning
materials and innovative teaching resources to inspire creativity
and learning in their students. To learn more about Sonic Corp.
(NASDAQ/NM: SONC), please visit sonicdrivein.com and please visit
or follow us on Facebook, Twitter and Instagram. To learn more
about SONIC's Limeades for Learning, please visit
LimeadesforLearning.com.
About Inspire Brands
Inspire Brands, headquartered in Atlanta, Ga, is a multi-brand
restaurant company whose portfolio includes more than 4,700 Arby’s,
Buffalo Wild Wings, and Rusty Taco locations worldwide. The company
is majority-owned by affiliates of Roark and was founded in 2018.
For more information, visit InspireBrands.com
About Roark
Since inception, affiliates of Roark have invested in 65
franchise/multi-unit brands, which collectively generate $32
billion in annual system revenues from 32,000 locations in 50
states and 81 countries. For more information, please visit
www.roarkcapital.com.
CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS
This communication contains “forward-looking statements” within
the meaning of the U.S. federal securities laws. Such statements
include statements concerning anticipated future events and
expectations that are not historical facts. All statements other
than statements of historical fact are statements that could be
deemed forward-looking statements. Actual results may vary
materially from those expressed or implied by forward-looking
statements based on a number of factors, including, without
limitation: (1) risks related to the consummation of the merger,
including the risks that (a) the merger may not be consummated
within the anticipated time period, or at all, (b) the parties may
fail to obtain shareholder approval of the merger agreement, (c)
the parties may fail to secure the termination or expiration of any
waiting period applicable under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976, as amended, (d) other conditions to the
consummation of the merger under the merger agreement may not be
satisfied, and (e) the significant limitations on remedies
contained in the merger agreement may limit or entirely prevent
Sonic Corp. from specifically enforcing Inspire Brands, Inc.’s
obligations under the merger agreement or recovering damages for
any breach by Inspire Brands, Inc.; (2) the effects that any
termination of the merger agreement may have on Sonic Corp. or its
business, including the risks that (a) Sonic Corp.’s stock price
may decline significantly if the merger is not completed, (b) the
merger agreement may be terminated in circumstances requiring Sonic
Corp. to pay Inspire Brands, Inc. a termination fee, or (c) the
circumstances of the termination, including the possible imposition
of a 12-month tail period during which the termination fee could be
payable upon certain subsequent transactions, may have a chilling
effect on alternatives to the merger; (3) the effects that the
announcement or pendency of the merger may have on Sonic Corp. and
its business, including the risks that as a result (a) Sonic
Corp.’s business, operating results or stock price may suffer, (b)
Sonic Corp.’s current plans and operations may be disrupted, (c)
Sonic Corp’s ability to retain or recruit key employees may be
adversely affected, (d) Sonic Corp.’s business relationships
(including, customers, franchisees and suppliers) may be adversely
affected, or (e) Sonic Corp’s management’s or employees’ attention
may be diverted from other important matters; (4) the effect of
limitations that the merger agreement places on Sonic Corp’s
ability to operate its business, return capital to shareholders or
engage in alternative transactions; (5) the nature, cost and
outcome of pending and future litigation and other legal
proceedings, including any such proceedings related to the merger
and instituted against Sonic Corp.’s and others; (6) the risk that
the merger and related transactions may involve unexpected costs,
liabilities or delays; (7) other economic, business, competitive,
legal, regulatory, and/or tax factors; and (8) other factors
described under the heading “Risk Factors” in Part I, Item 1A of
Sonic Corp.’s Annual Report on Form 10-K for the fiscal year ended
August 31, 2017, as updated or supplemented by subsequent reports
that Sonic Corp. has filed or files with the SEC. Potential
investors, shareholders and other readers are cautioned not to
place undue reliance on these forward-looking statements, which
speak only as of the date on which they are made. Neither Inspire
Brands, Inc. nor Sonic Corp. assumes any obligation to publicly
update any forward-looking statement after it is made, whether as a
result of new information, future events or otherwise, except as
required by law.
ADDITIONAL INFORMATION AND WHERE TO FIND IT
This communication does not constitute an offer to sell or the
solicitation of an offer to buy any securities or a solicitation of
any vote or approval. This communication may be deemed to be
solicitation material in respect of the proposed merger between
Inspire Brands, Inc. and Sonic Corp. In connection with the
proposed transaction, Sonic Corp. plans to file a proxy statement
with the Securities and Exchange Commission (“SEC”). SHAREHOLDERS
OF SONIC CORP. ARE URGED TO READ THE PROXY STATEMENT (INCLUDING ANY
AMENDMENTS OR SUPPLEMENTS THERETO ANY DOCUMENTS INCORPORATED BY
REFERENCE THEREIN) AND OTHER RELEVANT DOCUMENTS IN CONNECTION WITH
THE PROPOSED TRANSACTION THAT SONIC CORP. WILL FILE WITH THE SEC
WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT
INFORMATION ABOUT THE PROPOSED TRANSACTION AND THE PARTIES TO THE
PROPOSED TRANSACTION. Shareholders and investors will be able to
obtain free copies of the proxy statement and other relevant
materials (when they become available) and other documents filed by
Sonic Corp. at the SEC’s web site at www.sec.gov. Copies of the
proxy statement (when they become available) and the filings that
will be incorporated by reference therein may also be obtained,
without charge, at https://ir.sonicdrivein.com/ or by contacting
Sonic Corp.’s Investor Relations at (405) 225-5000.
PARTICIPANTS IN SOLICITATION
Sonic Corp. and its directors, executive officers and certain
employees may be deemed, under SEC rules, to be participants in the
solicitation of proxies in respect of the proposed merger.
Information regarding Sonic Corp.’s directors and executive
officers is available in its proxy statement filed with the SEC on
December 18, 2017. Other information regarding the participants in
the proxy solicitation and a description of their direct and
indirect interests, by security holdings or otherwise, will be
contained in the proxy statement and other relevant materials to be
filed with the SEC (when they become available). These documents
can be obtained free of charge from the sources indicated
above.
SONC-F
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version on businesswire.com: https://www.businesswire.com/news/home/20180925005691/en/
For Sonic Corp.SonicChristi Woodworth, 405-225-5600VP of
Public Relationschristi.woodworth@sonicdrivein.comorJoele Frank,
Wilkinson Brimmer KatcherMatthew Sherman / Andrew Siegel / Aaron
Palash, 212-355-4449orFor Inspire BrandsInspire
BrandsChristopher FullerHead of
CommunicationsPress@InspireBrands.com
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