Netshoes Announces Receipt of Revised Centauro Offer & that the Netshoes Board Is Unable in the Available Time to Reach a Det...
14 Giugno 2019 - 6:00AM
Business Wire
Netshoes (Cayman) Limited (NYSE: NETS) announces that it
has received at 6:53 p.m. and 11:00 p.m. (São Paulo time) on June
13, 2019 further revised unsolicited proposals from Grupo SBF S.A.,
a sociedade anônima incorporated under the laws of Brazil and with
shares listed in the Brazilian stock exchange (B3) under ticker
“CNTO3” (“Centauro”), for purchase of all of the outstanding common
shares of Netshoes through a merger transaction pursuant to which
Netshoes shareholders would receive a payment in cash of US$4.10
for each share (the “Centauro Offer”).
As previously announced, on June 13, 2019 Netshoes entered into
a second amendment to the Agreement and Plan of Merger, dated April
29, 2019 and amended on May 26, 2019, by and among Netshoes,
Magazine Luiza S.A. (“Magalu”) and its subsidiary (as amended from
time to time, the “Merger Agreement”) to increase the Per Share
Merger Consideration (as such term is defined in the Merger
Agreement) from US$3.00 to US$3.70, and to increase the amount of
that certain Company Termination Payment (as such term is defined
in the Merger Agreement) from US$1,800,000 to US$6,000,000.
The Centauro Offer addresses several of the Company’s principal
concerns with its earlier offers, including by providing a R$120
million bridge loan available upon execution of a merger agreement
with Centauro and by Centauro assuming certain anti-trust risks.
There remain, however, contractual provisions that would require
negotiation to assure greater protection to the Company in view of
the longer timeframe that would be required to execute a
transaction with Centauro. Furthermore, while Centauro has sought
to address these concerns through a liquidity facility, there is
continued uncertainty as to the duration of the anti-trust review
process, which creates risk to the Company in view of its severe
liquidity constraints. Had Centauro extended its latest offers
earlier, the Board of Directors of Netshoes (the “Board”) would
have benefitted from time to engage with Centauro to seek to
evaluate the offers and address any remaining concerns.
Due to the receipt of the Centauro Offer on the evening before
the scheduled shareholders’ meeting, the Board has determined, in
consultation with its financial and legal advisors, that,
regardless of the higher price offered by Centauro, as compared to
the price to be paid by Magalu under the Merger Agreement, the
Board is unable, in the insufficient time available, to reach a
determination as to whether the Centauro Offer could reasonably be
expected to constitute, result in or lead to a Superior Proposal
(as such term is defined in the Merger Agreement). Although the
Centauro Offer represents a 9.75% increase in Per Share Merger
Consideration, the timing of the Centauro transaction, including as
to shareholder approvals and anti-trust approvals, remains
uncertain. Furthermore, the Merger Agreement contains a “force the
vote” provision that restricts the Company’s ability to adjourn the
shareholders’ meeting without Magalu’s consent. Magalu has advised
the Company’s representatives that it will not agree to a second
adjournment of the shareholders’ meeting.
In light of the aforementioned, the Netshoes Board advises its
shareholders to consider the information available in casting its
vote and unanimously reaffirms (with the abstention of Mr. Marcio
Kumruian on advice of counsel) in accordance with the Merger
Agreement, its recommendation in favor of the Magalu
transaction.
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version on businesswire.com: https://www.businesswire.com/news/home/20190613005842/en/
Otavio Lyra, Investor Relations OfficerSão Paulo, BrazilPhone:
+55 11 3028-3528Email:
ir@netshoes.comhttp://investor.netshoes.com
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