Fairmont Board Unanimously Rejects Icahn's Partial Take-Over Offer At US$40 Per Share
December 22 2005 - 7:39AM
PR Newswire (US)
TORONTO, Dec. 22 /PRNewswire-FirstCall/ -- Fairmont Hotels &
Resorts Inc. ("Fairmont" or the "Company") (TSX/NYSE: FHR) today
announced that its Board of Directors has concluded that Icahn
Partners LP and Icahn Partners Master Fund LP's partial take-over
bid for approximately 41% of Fairmont's outstanding shares at US$40
per share (the "Icahn Offer") is inadequate and not in the best
interests of Fairmont or its shareholders. Accordingly, the Board
is recommending that shareholders reject the Icahn Offer and not
tender any of their shares. Peter C. Godsoe, Chairman of Fairmont's
Board of Directors, stated, "A Special Committee of independent
directors carefully and thoroughly evaluated the Icahn Offer.
Following the recommendation of the Special Committee, the Fairmont
Board unanimously concluded that this offer is inadequate, not in
the best interests of our shareholders and should be rejected." "We
firmly believe that the Fairmont Board of Directors - rather than
Mr. Icahn - is best qualified to make decisions about the future of
Fairmont and what action will ultimately prove to be in the best
interest of the Company and its shareholders. The Special Committee
is actively exploring alternatives to the Icahn Offer, which may
include a possible transaction with one or more third parties. We
will provide further recommendations to the full Board in due
course," added Mr. Godsoe. William R. Fatt, Fairmont's Chief
Executive Officer, commented, "Fairmont has a world-class
collection of luxury assets, which represents some of the most
attractive hotels in the global lodging industry. We also have
significant undeveloped land holdings and a 23.7% ownership
interest in Legacy Hotels Real Estate Investment Trust, Canada's
largest luxury lodging REIT. In addition, our growing brand
recognition is attracting both travelers and business partners. Mr.
Icahn's partial take-over bid, for the reasons discussed in the
Directors' Circular, is not in the best interests of Fairmont and
its shareholders, and should be rejected." In making its
recommendation to reject the offer to its shareholders, the
Fairmont Board of Directors received written opinions from each of
UBS Securities LLC, Avington International and Scotia Capital Inc.
that, as of the date of such opinions, the Icahn Offer is
inadequate from a financial point of view to Fairmont shareholders
(other than the offerors and their related parties). The Board
cited a number of additional factors, including, among others: -
The Icahn Offer seeks to provide Icahn with control without
offering, in the judgment of the Special Committee and the Board,
an appropriate change of control premium for the shares purchased
or any premium for the shares not purchased; - There are risks
associated with Icahn's lack of experience in operating a company
such as Fairmont; - The Icahn Offer fails to comply with
shareholder approved permitted bid requirements; - The Icahn Offer
is highly conditional; and - There are other offers or alternatives
to the Icahn Offer that may emerge that could potentially provide
shareholders with greater value. "Above all, Fairmont's assets
present opportunities for value enhancement and growth," Mr. Fatt
said. "Our plan has been to acquire, stabilize and monetize assets
and deliver value back to all shareholders through share
repurchases and dividends. Fairmont's Board, through the Special
Committee, is exploring alternatives to the Icahn Offer and will
act in the best interest of Fairmont and its shareholders." A copy
of the Directors' Circular, which sets forth in greater detail the
Board's recommendation and the reasons therefor, is being mailed to
all shareholders. Fairmont's shareholders are strongly advised to
read the Directors' Circular because it contains important
information. Shareholders may also obtain a copy of the Directors'
Circular from the Company's investor website at
http://www.fairmontinvestor.com/. Copies will also be available at
the Canadian SEDAR website at http://www.sedar.com/ and at the
SEC's website at http://www.sec.gov/. The Directors' Circular is
being included as an exhibit to Fairmont's
Solicitation/Recommendation Statement on Schedule 14D-9, which has
been filed with the SEC. UBS Securities LLC, Avington International
and Scotia Capital Inc. all acted as financial advisors to
Fairmont. As well, McCarthy Tetrault LLP and Skadden, Arps, Slate,
Meagher & Flom LLP have been engaged as the Company's legal
advisors. Fasken Martineau DuMoulin LLP has been retained to
provide legal advice to the Special Committee. About Fairmont
Hotels & Resorts Inc. FHR is a leading owner/operator of luxury
hotels and resorts. FHR's managed portfolio consists of 88 luxury
and first-class properties with approximately 34,000 guestrooms in
the United States, Canada, Mexico, Bermuda, Barbados, United
Kingdom, Monaco, Kenya and the United Arab Emirates as well as two
vacation ownership properties managed by Fairmont Heritage Place.
FHR owns Fairmont Hotels Inc., North America's largest luxury hotel
management company, as measured by rooms under management, with 50
distinctive city center and resort hotels including The Fairmont
San Francisco, The Fairmont Banff Springs and The Fairmont
Scottsdale Princess. FHR also owns Delta Hotels, Canada's largest
first-class hotel management company, which manages and franchises
38 city center and resort properties in Canada. In addition to
hotel management, FHR holds real estate interests in 27 properties
and an approximate 24% investment interest in Legacy Hotels Real
Estate Investment Trust, which owns 24 properties. FHR owns FHP
Management Company LLC, a private residence club management company
that operates Fairmont Heritage Place, a vacation ownership
business. This news release contains certain forward-looking
statements relating, but not limited to, FHR's operations,
anticipated financial performance, business prospects and
strategies. Forward-looking information typically contains
statements with words such as "anticipate", "believe", "expect",
"plan", "estimate", "guidance", "aim" or similar words suggesting
future outcomes. Such forward-looking statements are subject to
risks, uncertainties and other factors, which could cause actual
results to differ materially from future results expressed,
projected or implied by such forward-looking statements. Such
factors include, but are not limited to economic, competitive and
lodging industry conditions. These risks are further described in
FHR's filings with Canadian securities regulatory authorities
(http://www.sedar.com/) and with the U.S. Securities and Exchange
Commission website (http://www.sec.gov/). All forward-looking
statements in this news release are qualified by these cautionary
statements. These statements are made as of the date of this news
release and except as required by applicable law, FHR disclaims any
responsibility to update any such forward-looking statements,
whether as a result of new information, future events or otherwise.
DATASOURCE: Fairmont Hotels & Resorts Inc. CONTACT: Investors,
Emma Thompson, Investor Relations, Fairmont Hotels & Resorts,
Tel: (416) 874-2485, Email: , Website:
http://www.fairmontinvestor.com/; U.S. Media, Daniel Gagnier,
Citigate Sard Verbinnen, Tel: (212) 687-8080, Email: , Website:
http://www.sardverb.com/; Canadian Media, Bruce MacLellan,
Environics Communications Inc., Tel: (416) 969-2727, Email: ,
Website: http://www.environicspr.com/
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