Jan. 6, 2012
/PRNewswire-Asia/ -- Focus Media Holding Limited ("Focus Media" or the "Company") (Nasdaq: FMCN),
's largest lifestyle targeted out-of-home digital media company, responded today to the allegations raised in a research report by Muddy Waters dated
January 6, 2012
(the "Report"). Focus Media denies the allegations of impropriety in the Report entirely. The Company maintains that there were no improprieties involved in the transaction alleged in the Report. This transaction related to the insignificant acquisition of a regional distributor ("FMCN Jilin") in
to expand the Company's display network (the "Acquisition"). The Acquisition provided for three-year earnout payments of no more than
in aggregate to the shareholders of FMCN Jilin. During the earnout period, Hunchun Shengtai Ginseng Plantation Co. Ltd. ("HSGP") was acquired to gain certain tax benefits. Upon the completion of the earnout arrangement, one of the original shareholders of FMCN Jilin became a 15% shareholder of FMCN Jilin and continued to operate the business of FMCN Jilin.
Focus Media will release additional information concerning the Transaction in the early part of the week beginning
January 9, 2012
. In addition, Focus Media will take all necessary legal measures to defend itself against the allegations made by Muddy Waters and to protect the interests of shareholders.
SAFE HARBOR: FORWARD-LOOKING STATEMENTS
This press release includes statements that may constitute forward-looking statements made pursuant to the safe harbor provision of the Private Securities Litigation Reform Act of 1995. These forward-looking statements can be identified by terminology such as "will," "expects," "anticipates," "future," "intends," "plans," "believes," "estimates" and similar statements. Focus Media may also make written or oral forward-looking statements in its periodic reports to the U.S. Securities and Exchange Commission on forms 20-F and 6-K., in its annual report to shareholders, in press releases and other written materials and in oral statements made by its officers, directors or employees to third parties. Statements that are not historical facts, including statements about Focus Media's beliefs and expectations, are forward-looking statements. Forward-looking statements involve inherent risks and uncertainties that could cause actual results to differ materially from the forward-looking statements. A number of important factors could cause actual results to differ materially from those contained in any forward-looking statement. Potential risks and uncertainties include, but are not limited to, risks outlined in Focus Media's filings with the U.S. Securities and Exchange Commission, including its registration statements on Form F-1, F-3 and 20-F, in each case as amended. Focus Media does not undertake any obligation to update any forward-looking statement, except as required under applicable law.