Alternative Asset Management Acquisition Corp. and Great American Group, LLC Announce Revised Acquisition Terms and Alternative
2009年7月29日 - 3:44AM
PRニュース・ワイアー (英語)
NEW YORK and WOODLAND HILLS, Calif., July 28 /PRNewswire-FirstCall/
-- Alternative Asset Management Acquisition Corp. ("AAMAC") (NYSE
Amex: AMV) and privately-held Great American Group, LLC ("Great
American") today jointly announced that they have entered into an
amendment to the Agreement and Plan of Reorganization (the
"Purchase Agreement") originally entered into May 14, 2009 and
thereafter amended on May 29, 2009 and July 8, 2009, pursuant to
which Great American will be acquired (the "Acquisition") by Great
American Group, Inc., a newly-formed Delaware corporation and
wholly-owned subsidiary of AAMAC ("GA"). In accordance with
Amendment No. 3, upon consummation of the Acquisition, each share
of AAMAC common stock will be exchanged for 2.0 shares of GA rather
than a ratio of 1:1.23. The amended Purchase Agreement eliminates
the $10.0 million contingent cash consideration payable to the
members of Great American and further provides that the cash
consideration payable to the members of Great American will be
payable pursuant to a subordinated, unsecured promissory note (the
"Note") issued by GA in favor of the members and phantom
equityholders of Great American. The aggregate principal amount of
the Note will be $60.0 million, which principal amount shall be
reduced by the amount of any payments made from AAMAC's trust
account to the members and phantom equityholders of Great American
at closing, which payments shall in no event reduce GA's cash
position upon consummation of the Acquisition to below $40.0
million (after reservation of the amount necessary for the Warrant
Redemption (as defined below)). The Note will have a five-year
maturity and will bear interest at a rate of 12% per annum.
Interest on the Note will be payable quarterly in arrears on each
January 31st, April 30th, July 31st, and October 31st of each year,
commencing on October 31, 2009. One-fifth of the principal amount
of the Note, including any accrued and unpaid interest thereon,
will be payable on each anniversary of the date of issuance of the
Note through the fifth anniversary thereof. The AAMAC directors,
officers and sponsors (collectively, the "AAMAC founders") have
agreed that 7,850,000 (increased from 6,350,000) of their shares
will be cancelled, resulting in the AAMAC founders holding
2,500,000 (reduced from 4,000,000) shares of AAMAC common stock
immediately prior to the consummation of the Acquisition. The AAMAC
founders have further agreed to cancel 2,500,000 shares of GA
common stock they receive upon exchange of their shares of AAMAC
common stock for GA common stock. The consummation of the
Acquisition is contingent upon AAMAC obtaining the vote of a
majority in interest of its warrantholders to allow AAMAC to amend
the agreement governing its warrants to: (a) require GA to redeem
all of the outstanding warrants, including the warrants held by
AAMAC's sponsors, at any time on or prior to the 90th day following
the Acquisition, at a price of $0.50 per warrant (the "Warrant
Redemption"), (b) delay the commencement of the exercisability of
the warrants from immediately following the Acquisition to the 91st
day following the consummation of the Acquisition, and (c) preclude
any adjustment of the warrants as a result of the Acquisition. If
the AAMAC warrantholders approve the Warrant Redemption proposal,
then GA will redeem the warrants on or prior to the 90th day
following the Acquisition, during which period GA intends to
explore the timing and conduct of a warrant exchange with the
holders of GA warrants for warrants with an exercise price that
exceeds the current exercise price and an exercise period longer
than the existing exercise period. The Acquisition is also subject
to customary closing conditions, including approval of the
Acquisition by AAMAC's stockholders. In addition, the closing of
the Acquisition is conditioned on holders of fewer than 30% of the
shares of AAMAC common stock voting against the Acquisition and
electing to convert their AAMAC common stock into cash. Pursuant to
Amendment No. 3, the consummation of the Acquisition is also
conditioned upon the approval by the representative of the members
of Great American Members and the phantom equityholders of Great
American, in his sole discretion, of the aggregate cash balance of
GA at closing. The Special Meeting of AAMAC Warrantholders and
Special Meeting of AAMAC Stockholders were scheduled to be held
today and a record date of July 8, 2009 was set with respect to the
meetings. Due to the revised terms set forth in Amendment No. 3,
the Special Meetings were adjourned to Thursday, July 30, 2009, to
give AAMAC warrantholders and AAMAC stockholders additional time to
consider these revised terms of the Acquisition. AAMAC has until
August 1, 2009 to complete a transaction or it will be required to
liquidate. AAMAC also announced today that it has entered into
agreements to purchase an aggregate of approximately 13.02 million
of the shares of its common stock sold in its initial public
offering in privately negotiated transactions (the "Agreements")
for an aggregate purchase price of approximately $128.3 million
from stockholders who otherwise intended to vote against the
previously announced proposed business combination between AAMAC
and Great American. It is expected that additional Agreements will
be entered into prior to the Special Meeting of Stockholders on
similar terms. The purchases of the shares pursuant to the
Agreements for an aggregate purchase price of approximately $200
million will take place concurrently with or immediately following
the closing of the Acquisition and the purchases will be paid for
with funds that will be released from AAMAC's trust account upon
consummation of the Acquisition. Pursuant to the Agreements, the
holders have agreed to give AAMAC's management proxies to vote
their shares in favor of each of the stockholder proposals set
forth in the definitive proxy statement/prospectus, dated as of
July 20, 2009 (the "Definitive Proxy Statement/Prospectus"). These
proxies will revoke any prior proxies associated with the shares
subject to the Agreements that voted against such proposals.
Additional information regarding Great American, the Acquisition
and the related transactions is available in the Definitive Proxy
Statement/Prospectus and AAMAC's Current Report on Form 8-K filed
with the Securities and Exchange Commission ("SEC") on July 28,
2009 (the "Current Report"), copies of which may be obtained
without charge, at the SEC's website at http://www.sec.gov/. Great
American's website is http://www.greatamerican.com/. The
information on Great American's website is not, and shall not be
deemed to be, incorporated in filings either AAMAC or GA makes with
the SEC. About Alternative Asset Management Acquisition Corp. AAMAC
is a blank check company which was formed in 2007 for the purpose
of acquiring through a merger, capital stock exchange, asset
acquisition, stock purchase, reorganization or similar business
combination one or more businesses or assets. AAMAC's initial
public offering was consummated on August 7, 2007 and it received
net proceeds of $397,560,377 through the sale of 41.4 million
units, including 5.4 million units pursuant to the underwriters'
over-allotment option, at $10.00 per unit. Each unit is comprised
of one share of AAMAC common stock and one warrant with an exercise
price of $7.50. As of the record date for the Special Meetings,
AAMAC held approximately $407.8 million (or approximately $9.84 per
share) in a trust account maintained by an independent trustee,
which will be released upon the consummation of the transaction.
About Great American Group, LLC Great American is a leading
provider of asset disposition solutions and valuation and appraisal
services to a wide range of retail, wholesale and industrial
clients, as well as lenders, capital providers, private equity
investors and professional service firms. Not a Proxy Statement
This press release is not a proxy statement or a solicitation of
proxies from the holders of AAMAC securities and does not
constitute an offer of any securities of GA for sale. Any
solicitation of proxies will be made only by the Definitive Proxy
Statement/Prospectus that was mailed to all AAMAC stockholders and
AAMAC warrantholders who held such securities as of the record
date. Interested investors and security holders are urged to read
the Definitive Proxy Statement/Prospectus and appendices thereto
and the Current Report because they contain important information
about AAMAC, GA, Great American and the proposals to be presented
at the Special Meetings. Forward Looking Statements Statements made
in this release, other than those concerning historical financial
information, may be considered forward-looking statements, which
speak only as of the date of this release and are based on current
expectations and involve a number of assumptions. These
forward-looking statements include outlooks or expectations for
earnings, revenues, expenses or other future financial or business
performance, strategies or expectations, or the impact of legal or
regulatory matters on business, results of operations or financial
condition. Specifically, forward-looking statements may include
statements relating to the benefits of the transaction; the future
financial performance of GA following the Acquisition; the growth
of the market for GA's services; expansion plans and opportunities;
consolidation in the market for GA's services generally; and other
statements preceded by, followed by or that include the words
"estimate," "plan," "project," "forecast," "intend," "expect,"
"anticipate," "believe," "seek," "target" or similar expressions.
These forward-looking statements involve a number of known and
unknown risks and uncertainties or other assumptions that may cause
actual results or performance to be materially different from those
expressed or implied by these forward-looking statements. Some
factors that could cause actual results to differ include: (1)
AAMAC's ability to complete its initial business combination within
the specified time limits; (2) difficulties encountered in
integrating the merged companies; (3) officers and directors
allocating their time to other businesses and potentially having
conflicts of interest with AAMAC's business or in approving the
Acquisition; (4) success in retaining or recruiting, or changes
required in, GA's officers, key employees or directors following
the Acquisition; (5) listing or delisting of AAMAC's securities
from the NYSE Amex or the ability to have GA's securities listed on
the Nasdaq Capital Market following the transaction; (6) the
potential liquidity and trading of AAMAC's and GA's public
securities; (7) GA's revenues and operating performance; (8)
changes in overall economic conditions; (9) anticipated business
development activities of GA's following the Acquisition; (10)
risks and costs associated with regulation of corporate governance
and disclosure standards (including pursuant to Section 404 of the
Sarbanes-Oxley Act of 2002); (11) the Note will be made in favor of
certain parties related to GA and their interests may differ from
those of GA's securityholders; (12) GA's obligations pursuant to
the Note may negatively affect GA's financial position and results
of operations; (13) GA's obligations pursuant to the Note may
reduce GA's ability to pursue future liquidation engagements and
other business opportunities; (14) GA's obligations pursuant to the
Note may increase GA's need for additional sources of financing in
the future and there can be no assurance that GA will be able to
obtain any additional financing on commercially reasonable terms,
if at all; (15) if GA is unable to satisfy its obligations under
the Note on or prior to the maturity date, there can be no
assurance that GA will be able to refinance the Note on
commercially reasonable terms, if at all; and (16) other risks
referenced from time to time in AAMAC and GA's filings with the SEC
and those factors listed in the Definitive Proxy
Statement/Prospectus under "Risk Factors". None of AAMAC, Great
American or GA assumes any obligation to update the information
contained in this release. Additional Information and Where to Find
It In connection with the proposed transaction, GA has filed with
the SEC a Registration Statement on Form S-4 to register the
securities to be issued to the stockholders and warrantholders of
AAMAC. The registration statement includes the Definitive Proxy
Statement/ Prospectus, which has been sent to the securityholders
of AAMAC seeking their approval of the transaction and related
matters. In addition, AAMAC and GA may file other relevant
documents concerning the proposed transaction with the SEC. This
press release is being made pursuant to and in compliance with
Rules 145, 165 and 425 of the Securities Act of 1933, as amended,
and does not constitute a solicitation of proxies from the holders
of common stock and warrants of AAMAC and does not constitute an
offer of any securities for sale or a solicitation of an offer to
buy or exchange any securities. AAMAC, Great American, GA and their
respective directors and officers may be deemed to be participants
in the solicitation of proxies for the Special Meetings of AAMAC's
stockholders and AAMAC's warrantholders to be held to approve the
proposed transaction. The underwriters of AAMAC's initial public
offering may provide assistance to AAMAC, Great American, GA and
their respective directors and executive officers, and may be
deemed to be participants in the solicitation of proxies. A
substantial portion of the underwriters' fees relating to AAMAC's
initial public offering were deferred pending stockholder approval
of AAMAC's initial business combination, and stockholders are
advised that the underwriters have a financial interest in the
successful outcome of the proxy solicitation. WE URGE INVESTORS AND
SECURITYHOLDERS TO READ THE REGISTRATION STATEMENT FILED BY GA WITH
THE SEC ON JULY 17, 2009, THE DEFINITIVE PROXY
STATEMENT/PROSPECTUS, THE CURRENT REPORT AND ANY OTHER RELEVANT
DOCUMENTS TO BE FILED WITH THE SEC IN CONNECTION WITH THE PROPOSED
TRANSACTION, BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT
AAMAC, GREAT AMERICAN, GA AND THE PROPOSED TRANSACTION. Investors
and security holders may obtain free copies of these documents
through the website maintained by the SEC at http://www.sec.gov/.
AAMAC's stockholders and warrantholders can also obtain copies of
the definitive proxy statement/prospectus and the Current Report,
without charge, by directing a request to: Alternative Asset
Management Acquisition Corp., 590 Madison Avenue, 35th Floor, New
York, New York 10022. Contacts: Alternative Asset Management
Acquisition Corp. Contact: Chris Tofalli Chris Tofalli Public
Relations, LLC (914) 834-4334 Great American Group, LLC Contact:
Laura Wayman 847-444-1400 ext 312 DATASOURCE: Alternative Asset
Management Acquisition Corp. CONTACT: Chris Tofalli of Chris
Tofalli Public Relations, LLC, +1-914-834-4334; or Laura Wayman of
Great American Group, LLC, +1-847-444-1400, Ext. 312,
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