ACS Reaches 30.34 Percent Holding in HOCHTIEF
By Grupo Acs acs Actividades De Construccion Y Servicios S.a., PRNEMonday, January 3, 2011
First Acceptance Period Ended on 29 December 2010
MADRID, January 4, 2011 - This announcement and the information contained herein are restricted
and are not for release, publication or distribution, in whole or in part, in
or into the United States or Japan.
Grupo ACS (ACS, Actividades de Construcción y Servicios, S.A.)
today announced that it exceeded the threshold of 30 percent in HOCHTIEF.
Upon expiration of the first acceptance period of the voluntary public tender
offer for HOCHTIEF on 29 December 2010, ACS has received tenders for
2,375,523 HOCHTIEF shares, so ACS's shareholding in HOCHTIEF has increased to
30.34 percent.
As required by the German Securities Acquisition and Takeover
Act (Wertpapiererwerbs- und Übernahmegesetz, WpÜG), an additional two-week
acceptance period will now follow from 5 January 2011 to 18 January 2011.
The conditions of the offer remain unchanged during the
additional acceptance period. The exchange ratio, according to which HOCHTIEF
shareholders receive nine ACS shares for every five HOCHTIEF shares,
continues to apply. The additional acceptance period will end at 12 midnight
CET on January 18. ACS expects the entire offer to be completed by early
February 2011.
More information about the public tender offer is available at
www.acs-offer.com.
About Grupo ACS
Grupo ACS (ACS, Actividades de Construcción y Servicios, S.A.),
headquartered in Madrid/Spain, is a world leader in infrastructure
development. In 2009, the Group's revenues totaled EUR15,606 million. ACS
has more than 146,000 employees operating in 41 countries. ACS is listed on
the Madrid Stock Exchange.
Important Notice:
This announcement is neither an offer to purchase nor a solicitation of
an offer to sell shares in HOCHTIEF Aktiengesellschaft (the "HOCHTIEF
Shares"). Moreover, the announcement is neither an offer to purchase nor a
solicitation to purchase shares in ACS, Actividades de Construcción y
Servicios, S.A. (the "ACS Shares"). The public offer by ACS, Actividades de
Construcción y Servicios, S.A. to the shareholders of HOCHTIEF
Aktiengesellschaft is exclusively made on the basis of the terms set out in
the offer document, as amended. Investors and holders of HOCHTIEF Shares are
strongly recommended to read the offer document and all announcements
published in connection with the public offer, since they contain important
information.
Subject to certain exceptions, the public offer will not be made directly
or indirectly, in or into the United States, Japan or any other jurisdiction
where to do so would constitute a violation of the laws of such jurisdiction,
or by use of the mails or by any means or instrumentality (including without
limitation, facsimile transmission, telephone and the internet) of interstate
or foreign commerce, or any facility of a national securities exchange, of
the United States, Japan, or any other jurisdiction where to do so would
constitute a violation of the laws of such jurisdiction. Accordingly, copies
of this announcement or any accompanying documents are not being, directly or
indirectly, mailed or otherwise distributed, forwarded or transmitted in,
into or from the United States, Japan, or any other jurisdiction where to do
so would constitute a violation of the laws of such jurisdiction.
The ACS Shares have not been, and will not be, registered under the US
Securities Act of 1933 or with any securities regulatory authority of any
state or other jurisdiction of the United States or under the applicable
securities laws of Japan. Accordingly, subject to certain exceptions, the ACS
Shares may not be offered or sold within the United States or Japan or any
other jurisdiction where to do so would constitute a violation of the laws of
such jurisdiction, or to or for the account or benefit of any person in the
United States or Japan.
To the extent permissible under applicable law or regulation, ACS and
persons acting on its behalf may from time to time make certain purchases of,
or arrangements to purchase, directly or indirectly, HOCHTIEF Shares or any
securities that are immediately convertible into, exchangeable for, or
exercisable for, HOCHTIEF Shares, other than pursuant to the public offer,
before, during or after the period in which the offer remains open for
acceptance. These purchases may occur either in the open market at prevailing
prices or in private transactions at negotiated prices. Any information about
such purchases and arrangements to purchase will be disclosed as required by
law or regulation in Germany or other relevant jurisdictions.
This announcement includes forward-looking statements about ACS, HOCHTIEF
and the enlarged group. By their nature, forward-looking statements involve
risks and uncertainties because they relate to events and depend on
circumstances that may or may not occur in the future. ACS cautions you that
forward-looking statements are not guarantees of the occurrence of such
future events or of future performance and that in particular the actual
results of operations, financial condition and liquidity, and the development
of the industry in which ACS and HOCHTIEF operate may differ materially from
those made in or suggested by the forward-looking statements contained in
this announcement. Any forward-looking statements speak only as at the date
of this announcement. Except as required by applicable law, ACS does not
undertake any obligation to update or revise publicly any forward-looking
statement, whether as a result of new information, future events or
otherwise.
Company Contacts: German and international media: Phoebe Kebbel Hering Schuppener Consulting Phone: +49-69-921874-77 Mobile: +49-173-2862110 pkebbel@heringschuppener.com Oda Wöltje Hering Schuppener Consulting Phone: +49-69-921874-47 Mobile: +49(151)15176631 owoeltje@heringschuppener.com Investor Relations: Grupo ACS Avda. Pío XII, no. 102 28036 Madrid, Spain Tel: +34-91-343-92-00 Fax: +34-91-343-94-56 e-mail: infogrupoacs@grupoacs.com
Company Contacts: German and international media: Phoebe Kebbel, Hering Schuppener Consulting, Phone: +49-69-921874-77, Mobile: +49-173-2862110, pkebbel at heringschuppener.com; Oda Wöltje, Hering Schuppener Consulting, Phone: +49-69-921874-47, Mobile: +49(151)15176631, owoeltje at heringschuppener.com; Investor Relations: Grupo ACS, Avda. Pío XII, no. 102, 28036 Madrid, Spain, Tel: +34-91-343-92-00, Fax: +34-91-343-94-56, e-mail: infogrupoacs at grupoacs.com
Tags: Grupo Acs (acs Actividades De Construcción Y Servicios S.a.), January 4, Madrid, Spain