This is a joint public announcement of SHV Alkmaar B.V. and ERIKS N.V. as referred to in Article 17, paragraph 4 of the Dutch Decree on Public Takeover Bids (Besluit openbare biedingen Wft, the "Takeover Decree"). This announcement may not be released, published, distributed or otherwise sent, in whole or in part, in or into the United States of America, Canada, Japan or Australia.
Utrecht and Alkmaar, 21 August 2009
Reference is made to the press releases of 7 May 2009, 20 May 2009, 16 June 2009, 24 June 2009, 3 August 2009 and 6 August 2009 issued by SHV Alkmaar B.V. (the "Offeror"), an indirect wholly owned subsidiary of SHV Holdings N.V. ("SHV"), and ERIKS N.V. ("ERIKS") in respect of the recommended public offer in cash for all issued and outstanding ordinary shares with a nominal value of EUR 0.50 each in the capital of ERIKS (the "Shares") by the Offeror at an offer price of EUR 48.00 per Share (excluding dividend over the financial year 2008) (the "Offer"). On 6 August 2009 the Offeror declared the Offer unconditional.
Post-acceptance period
During the post-acceptance period, that ended at 17:30 hours CET on Thursday 20 August 2009 (the "Acceptance Closing Date"), 130,099 Shares were tendered under the Offer. The Shares tendered for acceptance under the Offer during the post-acceptance period represent 1.18% of the issued and outstanding share capital of ERIKS and have an aggregate value of EUR 6,244,752.
The Shares tendered under the Offer during the post-acceptance period, together with the 10,790,112 Shares held by the Offeror on the Acceptance Closing Date, amount to a total of 10,920,211 Shares, representing 99.18% of the issued and outstanding share capital of ERIKS.
Payment of the Offer price of EUR 48.00 for each Share validly tendered (or defectively tendered provided that such defect has been waived by the Offeror) and delivered (geleverd) on the terms and subject to the conditions and restrictions of the Offer as described in the Offer Memorandum during the post-acceptance period will take place on 26 August 2009.
Delisting
The Offeror intends to terminate the listing of the Shares on Euronext Amsterdam as soon as practicable.
Squeeze-out procedure
As soon as practicable the Offeror shall initiate a squeeze-out procedure to acquire the remaining Shares.
For further information:
SHV ERIKS
SHV Alkmaar B.V.
Rijnkade 1
3511 LC Utrecht
The Netherlands
ERIKS N.V.
Arcadialaan 14, Victory Building 32-C
1813 KN Alkmaar
The Netherlands
The Exchange Agent
ING Bank N.V.
ING Wholesale Banking Securities Services
Section Paying Agency Services
Van Heenvlietlaan 220
1083 CN Amsterdam
The Netherlands
iss.pas@ing.nl
+31 (0) 20 797 9398
Forward looking statements
This press release includes "forward looking statements" and language indicating trends, such as "anticipated" and "expected". Although SHV believes that the assumptions upon which its financial information and forward looking statements are based are reasonable, it can give no assurance that these assumptions will prove to be correct. Important factors that could cause actual results to differ materially from SHV’s projections and expectations are disclosed in SHV’s annual report for the year ended 31 December 2008 and in other documents which are available on SHV’s website (www.shv.nl). These factors include, among others, changes in consumer preferences and product trends, price discounting by major competitors, failure to realise anticipated results from synergy initiatives, failure to obtain regulatory consents or other third party approvals, and increases in costs generally. All forward looking statements in this press release are expressly qualified by such cautionary statements and by reference to the underlying assumptions. SHV does not undertake to update forward looking statements relating to its businesses, whether as a result of new information, future events or otherwise. SHV does not accept any responsibility for any financial information contained in this press release relating to the business or operations or results or financial condition of ERIKS.
This press release is also published in Dutch.