Bally’s Corporation has announced the preliminary results of its modified “Dutch auction” tender offer, which expired at midnight, Eastern Time, on July 22, 2022.
According to the preliminary count by tender offer depositary American Stock Transfer & Trust Company, Bally’s notes that “a total of 4,858,465 common shares were validly tendered at or below the purchase price of $22.00 per share and not validly withdrawn, including 2,143,640 common shares that were tendered through notice of guaranteed delivery”.
In line with the tender offer’s terms and conditions, and based on the depositary’s preliminary count, the company expects “to accept for payment and purchase approximately 4,858,465 common shares at a purchase price of $22.00 per share, for an aggregate purchase price of $106,886,230, excluding fees and expenses relating to the tender offer”.
These shares represent “approximately 9.2% of Bally’s outstanding common shares”, and since Bally’s expects “to accept for payment all shares that were validly tendered at or below the purchase price of $22.00 and not validly withdrawn”, a proration factor is not anticipated.
The final shares purchased number in the tender offer will be declared after the guaranteed delivery period expiration and the confirmation process completion by the depositary. Payment for the shares accepted for purchase under the tender offer, and the return of all other shares tendered and not purchased, will take place promptly afterward.
For the offer, Goldman Sachs & Co LLC is acting as the lead dealer manager, while Capital One Securities Inc, Truist Securities Inc, and Wells Fargo Securities LLC are co-dealer managers. MacKenzie Partners Inc is serving as the information agent and American Stock Transfer & Trust Company is acting as the depositary.