Attached files
| file | filename |
|---|---|
| 8-K - ICAHN ENTERPRISES L.P. | v171487_8k.htm |
| EX-4.1 - ICAHN ENTERPRISES L.P. | v171487_ex4-1.htm |
| EX-10.3 - ICAHN ENTERPRISES L.P. | v171487_ex10-3.htm |
| EX-10.1 - ICAHN ENTERPRISES L.P. | v171487_ex10-1.htm |
| EX-10.2 - ICAHN ENTERPRISES L.P. | v171487_ex10-2.htm |
DRAFT
1/14/2010
Investor
Contact:
Dominick
Ragone
Chief
Financial Officer
(646)
861-7500
For
Release: January 15, 2010
ICAHN
ENTERPRISES ANNOUNCES CLOSING OF $2.0 BILLION SENIOR NOTES OFFERING AND
ACQUISITIONS OF INTERESTS OF AMERICAN RAILCAR INDUSTRIES AND VISKASE
COMPANIES
(New
York, New York, January 15, 2010) – Icahn Enterprises L.P. (NYSE: IEP) – Icahn
Enterprises L.P. (“Icahn Enterprises”), together with Icahn Enterprises Finance
Corp., announced today that they have consummated their offering of $2.0 billion
in aggregate principal amount of their 7¾% Senior Notes due 2016 (the “2016
Notes”) and 8% Senior Notes due 2018 (the “2018 Notes” and, together with the
2016 Notes, the “New Notes”). The New Notes were sold in a private
offering to qualified institutional buyers as defined in Rule 144A under the
Securities Act of 1933, as amended (the “Securities Act”), and non-U.S. persons
outside the United States under Regulation S under the Securities
Act.
Icahn
Enterprises used a portion of the proceeds from the offering to purchase the
approximately $1.28 billion in aggregate principal amount (or approximately 97%)
of the 7.125% Senior Notes due 2013 (CUSIP Nos. 029171AD7 and 029171AF2)
(the “2013 Notes”) and the 8.125% Senior Notes due 2012 (CUSIP No. 029171AC9)
(the “2012 Notes” and, together with the 2013 Notes, the “Old Notes”) that were
tendered pursuant to the previously announced cash tender offers and consent
solicitations (the “Tender Offers”) and to pay related fees and
expenses. The Tender Offers expire at 12:00 midnight, New York City
time, on January 28, 2010.
Jefferies
& Company, Inc. acted as sole book-running manager and initial purchaser for
the offering of the New Notes and as sole dealer manager and solicitation agent
for the Tender Offers.
Icahn
Enterprises also announced that it consummated the acquisition of approximately
54% of the issued and outstanding common stock of American Railcar Industries,
Inc. (the “ARI “Acquisition”) and the acquisition of approximately 71% of the
issued and outstanding common stock of Viskase Companies, Inc. (the “Viskase
Acquisition” and, together with the ARI Acquisition, the “Acquisitions”), in
each case, from affiliates of Carl C. Icahn. Icahn Enterprises issued
approximately 3.1 million depositary units in connection with the ARI
Acquisition and approximately 2.9 million depositary units in connection with
the Viskase Acquisition. The Acquisitions were approved by the Audit
Committee of the Board of Directors of Icahn Enterprises GP Inc., the general
partner of Icahn Enterprises, which retained independent counsel and an
independent financial advisor.
This
press release shall not constitute an offer to sell or a solicitation of an
offer to buy any of the New Notes or the Old Notes. The New Notes
have not been registered under the Securities Act or any state securities laws,
and may not be offered or sold in the United States absent registration under,
or an applicable exemption from, the registration requirements of the Securities
Act and applicable state securities laws.
* *
*
Icahn
Enterprises L.P. (NYSE: IEP), a master limited partnership, is a diversified
holding company engaged in five primary business segments: Investment
Management, Automotive, Metals, Real Estate and Home Fashion.
Caution
Concerning Forward-Looking Statements
This
release contains certain “forward-looking statements” within the meaning of the
Private Securities Litigation Reform Act of 1995, many of which are beyond our
ability to control or predict. Forward-looking statements may be
identified by words such as “expects,” “anticipates,” “intends,” “plans,”
“believes,” “seeks,” “estimates,” “will” or words of similar meaning and
include, but are not limited to, statements about the expected future business
and financial performance of Icahn Enterprises L.P. and its
subsidiaries. Among these risks and uncertainties are risks related
to economic downturns, substantial competition and rising operating costs; risks
related to our investment management activities, including the nature of the
investments made by the private funds we manage, losses in the private funds and
loss of key employees; risks related to our automotive activities, including
exposure to adverse conditions in the automotive industry, and risks related to
operations in foreign countries; risks related to our scrap metals activities,
including potential environmental exposure; risks related to our real estate
activities, including the extent of any tenant bankruptcies and insolvencies;
risks related to our home fashion operations, including changes in the
availability and price of raw materials, and changes in transportation costs and
delivery times; and other risks and uncertainties detailed from time to time in
our filings with the SEC. We undertake no obligation to publicly
update or review any forward-looking information, whether as a result of new
information, future developments or otherwise.