A. Schulman Granted Early Termination of Hart-Scott-Rodino Waiting Period in Connection With Proposed Merger With ICO, Inc.
January 18 2010 - 5:00PM
PR Newswire (US)
HOUSTON, Jan. 18 /PRNewswire-FirstCall/ -- ICO, Inc. (NASDAQ:ICOC)
announced today that the Federal Trade Commission has granted early
termination of the waiting period under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 for its previously announced
merger agreement with A. Schulman, Inc. (NASDAQ:SHLM) (Logo:
http://www.newscom.com/cgi-bin/prnh/20030509/ICOCLOGO) Completion
of the proposed transaction remains subject to ICO stockholder
approval and other customary closing conditions. The parties
continue to expect the transaction to close in the spring of 2010.
About ICO, Inc. With 20 locations in nine countries, ICO produces
custom polymer powders for rotational molding and other polymer
related businesses, such as the textile, metal coating and
masterbatch markets. ICO remains an industry leader in size
reduction, compounding and other tolling services for plastic and
non-plastic materials. ICO's Bayshore Industrial subsidiary
produces specialty compounds, concentrates and additives primarily
for the plastic film industry. Additional information about ICO,
Inc. can be found at www.icopolymers.com. About A. Schulman, Inc.
Headquartered in Akron, Ohio, A. Schulman is a leading
international supplier of high-performance plastic compounds and
resins. These materials are used in a variety of consumer,
industrial, automotive and packaging applications. The Company
employs about 2,100 people and has 16 manufacturing facilities in
North America, Europe and Asia. Revenues for the fiscal year ended
August 31, 2009, were $1.3 billion. Additional information about A.
Schulman can be found at www.aschulman.com. "Safe Harbor" Statement
under the Private Securities Litigation Reform Act of 1995 A number
of the matters discussed in this release that are not historical or
current facts deal with potential future circumstances and
developments, in particular, information regarding expected
synergies resulting from the merger of A. Schulman and ICO,
combined operating and financial data, the combined company's
plans, objectives, expectations and intentions and whether and when
the transactions contemplated by the merger agreement will be
consummated. The discussion of such matters is qualified by the
inherent risks and uncertainties surrounding future expectations
generally, and also may materially differ from actual future
experience involving any one or more of such matters. Such risks
and uncertainties include: the risk that the businesses will not be
integrated successfully; the risk that the cost savings and any
other synergies from the transaction may not be fully realized or
may take longer to realize than expected; restrictions imposed by
outstanding indebtedness; fluctuations in the prices of sources of
energy or resins and other raw materials; worldwide and regional
economic, business, and political conditions, including continuing
economic uncertainties in some or all major product markets;
changes in customer demand and requirements; business cycles and
other industry conditions; the timing of new services or
facilities; ability to compete; effects of compliance with laws;
fluctuations in the value of currencies in major areas where
operations are located, including the U.S. dollar, Euro, U.K. pound
sterling, Canadian dollar, Mexican peso, Chinese yuan, and
Indonesian rupiah; matters relating to operating facilities; effect
and costs of claims (known or unknown) relating to litigation and
environmental remediation; ability to manage global inventory;
ability to develop technology and proprietary know-how; ability to
attract and retain key personnel; escalation in the cost of
providing employee health care; performance of the global
automotive market; disruption from the transaction making it more
difficult to maintain relationships with customers, employees or
suppliers; the failure to obtain governmental approvals of the
transaction on the proposed terms and schedule, and any conditions
imposed on the combined company in connection with consummation of
the merger; the failure to obtain approval of the merger by the
stockholders of ICO and the failure to satisfy various other
conditions to the closing of the merger contemplated by the merger
agreement; and the risks that are described from time to time in A.
Schulman's and ICO's respective reports filed with the SEC,
including A. Schulman's Annual Report on Form 10-K for the year
ended August 31, 2009 and ICO's Annual Report on Form 10-K for the
year ended September 30, 2009, in each case, as such reports may
have been amended. This release speaks only as of its date, and A.
Schulman and ICO each disclaims any duty to update the information
herein. Additional Information and Where to Find It In connection
with the proposed transaction, A. Schulman has filed a Registration
Statement on Form S-4 with the SEC (Reg. No. 333-164085) containing
a preliminary proxy statement/prospectus regarding the proposed
merger. STOCKHOLDERS OF ICO ARE ENCOURAGED TO READ THE REGISTRATION
STATEMENT AND ANY OTHER RELEVANT DOCUMENTS FILED WITH THE SEC,
INCLUDING THE PROXY STATEMENT/ PROSPECTUS THAT IS PART OF THE
REGISTRATION STATEMENT, BECAUSE THEY CONTAIN IMPORTANT INFORMATION
ABOUT THE PROPOSED MERGER. The final proxy statement/prospectus
will be mailed to stockholders of ICO. Investors and security
holders will be able to obtain the documents free of charge at the
SEC's website, www.sec.gov, from A. Schulman, Inc. at its website,
www.aschulman.com, or from ICO, Inc. at its website,
www.icopolymers.com, or 1811 Bering Drive, Suite 200, Houston,
Texas, 77057, attention: Corporate Secretary. This communication
shall not constitute an offer to sell or the solicitation of an
offer to buy any securities, nor shall there be any sale of
securities in any jurisdiction in which such offer, solicitation or
sale would be unlawful prior to registration or qualification under
the securities laws of any such jurisdiction. Participants in
Solicitation A. Schulman and ICO and their respective directors and
executive officers, other members of management and employees and
the proposed directors and executive officers of the combined
company, may be deemed to be participants in the solicitation of
proxies in respect of the proposed transaction. Information
concerning the proposed directors and executive officers of the
combined company, A. Schulman's and ICO's respective directors and
executive officers and other participants in the proxy
solicitation, including a description of their interests, is
included in the proxy statement/prospectus contained in the
above-referenced Registration Statement on Form S-4.
http://www.newscom.com/cgi-bin/prnh/20030509/ICOCLOGO
http://photoarchive.ap.org/ DATASOURCE: ICO, Inc. CONTACT: Bradley
T. Leuschner, Chief Financial Officer and Treasurer of ICO, Inc.,
+1-713-351-4188 Web Site: http://www.icopolymers.com/
http://www.aschulman.com/
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