Superior Essex Inc - Written communication relating to an issuer or third party (SC TO-C)
19 Giugno 2008 - 2:26PM
Edgar (US Regulatory)
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE TO
Tender Offer Statement under Section 14(d)(1) or 13(e)(1)
of the Securities Exchange Act of 1934
Superior Essex Inc.
(Name of Subject Company (Issuer))
LS Cable Ltd.
(Names of Filing Persons (Offerors))
Common Stock, par value $0.01 per share
(Title of Class of Securities)
86815V105
(CUSIP Number of Class of
Securities)
Choong-hyun Kim
LS Cable Ltd.
15F, LS Tower, 1026-6 Hogye-dong, Dongan-gu
Anyang-si, Gyeonggi-do
Korea 431-080
+ 82-2-2189-9114
(Name, Address and Telephone Numbers of Person Authorized
to Receive Notices and Communications on Behalf of Filing Persons)
Copy to:
Victor I. Lewkow, Esq.
Sang Jin Han, Esq.
Cleary Gottlieb
Steen & Hamilton LLP
One Liberty Plaza
New York, New York 10006
(212) 225-2000
CALCULATION OF FILING FEE
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Transaction Valuation
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Amount of Filing Fee
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Not applicable
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Not applicable
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Check the box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the
previous filing by registration statement number, or the Form or Schedule and the date of its filing.
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Amount Previously Paid: None
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Filing Party: Not applicable
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Form or Registration No.: Not applicable
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Date Filed: Not applicable
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Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer.
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Check the appropriate boxes below to designate any transactions to which the statement relates:
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third-party tender offer subject to Rule 14d-1.
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issuer tender offer subject to Rule 13e-4.
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going-private transaction subject to Rule 13e-3.
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amendment to Schedule 13D under Rule 13d-2.
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Check the following
box if the filing is a final amendment reporting the results of the tender offer:
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CUSIP Number:
86815V105
This Tender Offer Statement on Schedule TO relates to a planned tender offer by an indirect wholly owned subsidiary of LS Cable
Ltd. (LS Cable) for all of the outstanding shares of common stock of Superior Essex Inc. (Superior Essex), to be commenced pursuant to an Agreement and Plan of Merger, dated as of June 11, 2008, by and between LS Cable
and Superior Essex.
The tender offer described in this announcement has not yet been commenced. This announcement and the description
contained herein is neither an offer to purchase nor a solicitation of an offer to sell shares of Superior Essex. At the time the tender offer is commenced, LS Cable and its indirect wholly owned subsidiary intend to file a Tender Offer Statement on
Schedule TO containing an offer to purchase, forms of letters of transmittal and other documents relating to the tender offer, and Superior Essex intends to file a Solicitation/Recommendation Statement on Schedule 14D-9 with respect to the tender
offer. LS Cable, its indirect wholly owned subsidiary and Superior Essex intend to mail these documents to the stockholders of Superior Essex. These documents will contain important information about the tender offer and stockholders of Superior
Essex are urged to read them carefully and in their entirety when they become available. Stockholders of Superior Essex will be able to obtain a free copy of these documents (when they become available) and other documents filed by Superior Essex
with the SEC at the website maintained by the SEC at www.sec.gov. In addition, stockholders will be able to obtain a free copy of these documents (when they become available) from the Information Agent named in the tender offer materials.
Item 12. Exhibits.
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99.1
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Text of Press Release issued on June 11, 2008.
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SIGNATURE
After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
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LS Cable Ltd.
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By:
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/s/ Choong-hyun Kim
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Name: Choong-hyun Kim
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Title: Authorized Signatory
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Dated: June 19, 2008
EXHIBIT INDEX
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Exhibit Number
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Description
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99.1
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Text of Press Release issued on June 11, 2008.
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Grafico Azioni Superior Essex (MM) (NASDAQ:SPSX)
Storico
Da Mag 2024 a Giu 2024
Grafico Azioni Superior Essex (MM) (NASDAQ:SPSX)
Storico
Da Giu 2023 a Giu 2024