SouthWest Water Receives Clearance for Proposed Merger from Three of Five Required State Public Utility Regulators
July 30 2010 - 3:15PM
Business Wire
SouthWest Water Company (Nasdaq:SWWC) today announced that it
has received clearance for its proposed merger from three of the
five required state public utility regulators, including Alabama,
Mississippi and Texas.
On March 3, 2010 the company said it agreed to be acquired by
institutional investors advised by J.P. Morgan Asset Management and
Water Asset Management, LLC. Under the agreement, SouthWest Water
stockholders will be entitled to receive $11 per share.
Public utility regulator approvals in Oklahoma and California
are the only remaining state approvals needed. Other closing
conditions include approval by the majority of the combined voting
power of the outstanding common stock and preferred stock, voting
as a single class. Stockholders will vote on the merger at the
company’s August 6th Annual Stockholders Meeting. The holders of
the company’s 6.85% convertible subordinate debentures are being
notified that the effective date of the merger could occur 20 days
or more from today’s date.
Holders of record of the company’s common stock and preferred
stock as of the close of business on June 14, 2010 will be entitled
to vote at the annual meeting. SouthWest Water’s board of directors
has unanimously determined that the merger agreement is in the best
interests of SouthWest Water and its stockholders, and recommends
that stockholders vote “FOR” adoption of the merger agreement.
Stockholders are encouraged to read the company’s proxy materials
in their entirety as they provide, among other things, a detailed
discussion of the process that led to the merger agreement and
reasons behind the board of directors’ unanimous recommendation.
Stockholders with questions about the merger agreement, or who need
assistance in submitting their proxy or voting their shares should
contact SouthWest Water’s proxy solicitor, Morrow & Co., LLC
toll-free at (800) 607-0088 or at (203) 658-9400.
About SouthWest Water
SouthWest Water Company provides a broad range of operations,
maintenance and management services, including water production,
treatment and distribution; wastewater collection and treatment;
customer service; and utility infrastructure construction
management. The company owns regulated public utilities and also
serves cities, utility districts and private companies under
contract. More than a million people in nine states depend on
SouthWest Water for high-quality, reliable service. Additional
information may be found on the company’s website:
www.swwc.com.
Forward-Looking Statements
This document contains “forward-looking statements” within the
meaning of the Private Securities Litigation Reform Act of 1995.
These statements, including, but not limited to, statements and
expectations relating to the proposed transaction, involve risks
and uncertainties. These expectations may differ due to a variety
of factors. More detailed information about these factors is
contained in the company’s filings with the Securities and Exchange
Commission, including under the caption “Risk Factors” in the
company’s 2009 Annual Report on Form 10-K. The company assumes
no obligation to update these forward-looking statements to reflect
any change in future events.
Additional Information
In connection with the proposed transaction, SouthWest Water has
filed a proxy statement with the Securities and Exchange Commission
(SEC). Before making any voting or investment decision, investors
and security holders are urged to carefully read the entire proxy
statement and any other relevant documents filed with the SEC, as
well as any amendments or supplements to those documents, because
they will contain important information about the proposed
transaction. A definitive proxy statement has been sent to
stockholders in connection with the proposed transaction. Investors
and security holders may obtain a free copy of the proxy statement
and other documents filed at the SEC’s website at
http://www.sec.gov. The proxy statement and such other documents
may also be obtained at no cost from SouthWest Water by directing
the request to SouthWest Water Company, 624 S. Grand Avenue,
Suite 2900, Los Angeles, CA, 90017, Attention: Shareholder
Services.
The company and its directors, executive officers and other
members of its management and employees may be deemed to be
participants in the solicitation of proxies from the security
holders of the company in connection with the proposed transaction.
Information concerning the special interests of these directors,
executive officers and other members of the company’s management
and employees in the proposed transaction is included in the
company’s proxy statement referenced above. Information regarding
the company’s directors and executive officers is also available in
its Annual Report on Form 10-K for the year ended
December 31, 2009, which is filed with the SEC. These
documents are available free of charge at the SEC’s website at
www.sec.gov and from the company at the address provided above.
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