Riverstone Networks Announces Consent Solicitation and Redemption of Notes
March 30 2005 - 9:00AM
PR Newswire (US)
Riverstone Networks Announces Consent Solicitation and Redemption
of Notes SANTA CLARA, Calif., March 30 /PRNewswire-FirstCall/ --
Riverstone Networks, Inc. ("Riverstone") (Pink Sheets: RSTN), a
leading provider of Carrier Ethernet Networks, today announced that
it has delivered to U.S. Bank National Association, (the "Indenture
Trustee") a Consent Solicitation, Redemption Notice and Information
Statement ("Information Statement") and an accompanying form of
Consent and Letter of Transmittal (the "Consent") to be furnished
to holders of record (the "Noteholders") at the close of business
on March 21, 2005 (the "Record Date") of Riverstone's 33/4%
Convertible Subordinated Notes (the "Notes"), in connection with
the solicitation of Consents (the "Consent Solicitation") under the
Indenture dated as of November 21, 2001 (the "Indenture"). Consent
is being sought to amend the Indenture to permit Riverstone the
right to redeem, at par, Notes of Noteholders that deliver Consents
(the "Consenting Noteholders"), in an aggregate principal amount of
$65,875,000 of the outstanding $131,750,000, on a pro rata basis in
proportion to the principal amount of Notes held by each Consenting
Noteholder on the Record Date (the "Redemption"), together with
accrued and unpaid interest (and liquidated damages) from (and
including) December 1, 2004, to (but excluding) the date of
redemption, currently anticipated to be on or about May 5, 2005
(the "Redemption Date"). On and after the Redemption Date, interest
and liquidated damages will cease to accrue on the principal amount
of Notes redeemed from Consenting Noteholders. The Consent
Solicitation expires at 5:00 p.m., New York City time, on May 2,
2005 (the "Expiration Date"). Riverstone may extend the Expiration
Date at any time and from time to time, by giving notice to the
Indenture Trustee on the next business day after the previously
announced Expiration Date. Any such extension will be followed as
promptly as practicable by a notice thereof by Riverstone by press
release or written notice to the Noteholders. The Notes must be
delivered by Noteholders to the Indenture Trustee, which is acting
as paying agent, in accordance with the instructions and procedures
set forth in the Information Statement and the Consent. Because
Riverstone will redeem the Notes at par rather than at the premium
set forth in the Indenture, the amendments to the Indenture and the
Redemption will apply only to Consenting Noteholders. The Consent
Solicitation and the Redemption is being carried out pursuant to
the previously announced Settlement Agreement, dated as of March
23, 2005, by and among the Indenture Trustee, in its capacity as
trustee of the Noteholders, Highbridge International LLC and Mackay
Shields LLC (together, the "Majority Noteholders") and Riverstone
which provides for the settlement of Riverstone's pending
Noteholder litigation. Under the terms of the Settlement Agreement,
Riverstone has also agreed to pay the Majority Noteholders and the
Indenture Trustee the aggregate amount of $675,000 to offset and
pay for all of the Majority Noteholders', and a portion of the
Indenture Trustee's, attorneys' fees and disbursements incurred in
connection with the aforementioned litigation and matters related
thereto (including the Settlement Agreement and the Consent
Solicitation). The remaining $65,875,000 in proceeds from the
November 2001 debt offering not being redeemed in accordance with
the Settlement Agreement will be due December 1, 2006, consistent
with the terms of the Indenture. As of February 26, 2005, the
Company held cash equivalents and marketable securities totaling
$223.3 million. The solicitation is being made solely by the
Information Statement. This announcement is neither an offer to
sell nor a solicitation of an offer to purchase any of the Notes or
any of Riverstone's common shares and shall not constitute an
offer, solicitation or sale in any jurisdiction in which such
offer, solicitation or sale is unlawful. About Riverstone Networks,
Inc. Riverstone is a leading provider of carrier Ethernet
infrastructure solutions for business and residential
communications services. Riverstone's Ethernet router portfolio
uniquely delivers the reliability that allows carriers to meet the
triple play -- voice, video and data -- service requirements of
their customers in a cost-effective and scalable way. Riverstone
allows carriers to offer new services over existing
revenue-generating networks permitting them to evolve to a next
generation Ethernet infrastructure. Safe Harbor Statement Except
for the historical information contained herein, the matters set
forth in this press release, including without limitation
statements regarding the Consent Solicitation to amend the
Indenture, the redemption of the Notes and the decision of each
Noteholder to give its Consent, are forward-looking statements
within the meaning of the "safe harbor" provisions of the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements speak only as of the date hereof and are subject to
risks and uncertainties that may cause actual results to differ
materially. These risks and uncertainties include unknown events
that may occur during the course of, or after, the Consent
Solicitation and redemption, as well as reasons known only to the
Noteholders that may affect their respective decisions whether to
accept in the amendments to the Indenture and the redemption, along
with those risks and uncertainties detailed from time to time in
Riverstone's SEC reports, including the reports on Form 10-Q and
Form 8-K filed on September 2, 2004. The company assumes no
obligation to update or revise these forward-looking statements.
NOTE: Riverstone Networks is a registered trademark of Riverstone
Networks, Inc. All other trademarks, service marks and trade names
belong to their respective owners. Contact: Roger A. Barnes,
Executive Vice President/CFO of Riverstone Networks, Inc.,
+1-408-878-6500; or investor relations, Howard Kalt of Kalt Rosen
& Co., +1-415-397-2686. DATASOURCE: Riverstone Networks, Inc.
CONTACT: Roger A. Barnes, Executive Vice President/CFO of
Riverstone Networks, Inc., +1-408-878-6500; or investor relations,
Howard Kalt of Kalt Rosen & Co., +1-415-397-2686 Web site:
http://www.riverstonenet.com/
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