Holders who have previously validly tendered and not withdrawn Convertible Notes do not need to re-tender their Convertible Notes or take any other action in response to the extension of the exchange offers.
The terms and conditions of the exchange offers, prior to the amendments described in this release, were set forth in the Company's Offering Memorandum dated August 9, 2012 (the "Offering Memorandum") and Letters of Transmittal, dated August 9, 2012 (the "Letters of Transmittal"), and the other related materials that the Company distributed to holders of the Convertible Notes, which were filed with the Securities and Exchange Commission ("SEC") as exhibits to the Company's Schedule TO on August 9, 2012 (the "Original Exchange Offer Materials"). The Original Exchange Offer Materials have been amended and supplemented by Amendment No. 1 to the Schedule TO, which was filed with the SEC on August 20, 2012, Amendment No. 2 to the Schedule TO, which was filed with the SEC on August 27, 2012, and Amendment No. 3 to the Schedule TO, which will be filed with the SEC on September 7, 2012 (collectively, the "Schedule TO Amendments"). The term "tender offer," when used in this release, shall refer to the terms and conditions described in the Original Exchange Offer Materials, as amended and supplemented by the Schedule TO Amendments and this release. The exchange offers are only being made pursuant to the terms of the Original Exchange Offer Materials, as amended by the Schedule TO Amendments.
The Company has retained Global Bondholder Services Corporation to serve as the information agent. Requests for documents may be directed to Global Bondholder Services Corporation at (212) 430-3774, or (800) 804-2200, or in writing to 65 Broadway, Suite 404, New York, NY 10006.
Forward Looking StatementsThis press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. All statements, other than statements of historical facts, included in this press release that address activities, events or developments that the Company expects, believes or anticipates will or may occur in the future are forward-looking statements. Without limiting the generality of the foregoing, forward-looking statements contained in this press release specifically include whether or not the exchange offers are consummated or any New Notes or common stock are issued. Any forward-looking statement speaks only as of the date on which such statement is made and the Company undertakes no obligation to correct or update any forward-looking statement, whether as a result of new information, future events or otherwise, except as required by applicable law.