Pursuant to the conditions attached to the exemption granted by the AFM, any Shares tendered prior to the date of this press release may be withdrawn. Any Shares tendered prior to the date of this press release and not withdrawn will remain subject to the Offer.
Long Stop Date
As set out in Sections 6.7.3 and 6.18.2(b) of the Offer Memorandum, UPS and TNT Express have agreed a final date in respect of the satisfaction of the Offer Conditions, which is set at 28 February 2013 (Long Stop Date). In the event that the Offer Condition relating to competition clearance is not fulfilled by 28 February 2013 and TNT Express opts to terminate the Merger Protocol, it shall be entitled to receive a termination fee in the amount of EUR 200 million from UPS.
UPS is making the Offer on the terms and subject to the conditions and restrictions contained in the Offer Memorandum, dated 21 June 2012. TNT Express has also made available the Position Statement, containing the information required by Article 18, paragraph 2 and Annex G of the Decree in connection with the Offer.
Terms not defined in this press release shall have the meaning as defined in the Offer Memorandum.
This announcement contains selected, condensed information regarding the Offer and does not replace the Offer Memorandum and/ or the Position Statement. The information in this announcement is not complete and additional information is contained in the Offer Memorandum and the Position Statement.
Shareholders are advised to review the Offer Memorandum and the Position Statement in detail and to seek independent advice where appropriate to reach a reasoned judgment in respect of the Offer and the content of the Offer Memorandum and the Position Statement.
Copies of the Offer Memorandum are available free of charge at the offices of UPS, TNT Express, the Listing and Exchange Agent and the ADS Tender Agent and can be obtained by contacting UPS, or TNT Express. Digital copies of the Offer Memorandum are available on the websites of UPS (
) and TNT Express (
). Digital copies of the Position Statement are available on the website of TNT Express (
United Parcel Service (NYSE:UPS) is a global leader in logistics, offering a broad range of solutions including the transportation of packages and freight, the facilitation of international trade, and the deployment of advanced technology to manage the world of business more efficiently. Headquartered in Atlanta, UPS serves more than 220 countries and territories worldwide. The company can be found on the Web at UPS.com and its corporate blog can be found at blog.UPS.com. To receive UPS news direct, visit pressroom.UPS.com/RSS.