Regional Health Properties, Inc. (NYSE American: RHE) (NYSE
American: RHEpA) (“RHE” or the “Company”), a self-managed
healthcare real estate investment company that invests primarily in
real estate purposed for senior living and long-term care,
announced today that it has filed a registration statement on Form
S-4 (the “Registration Statement”) with the Securities and Exchange
Commission (the “SEC”) relating to its proposed offer to exchange
(the “Exchange Offer”) any and all of the outstanding shares of its
10.875% Series A Cumulative Redeemable Preferred Shares (the
“Series A Preferred Stock”) for newly issued common stock of the
Company, no par value (the “Common Stock”), and may file amendments
thereto. In exchange for each share of Series A Preferred Stock
properly tendered (and not validly withdrawn) in the Exchange Offer
and accepted by the Company, participating holders of Series A
Preferred Stock will receive 0.5 shares of Common Stock.
In connection with the Exchange Offer, the Company will also be
soliciting proxies of the holders of the Series A Preferred Stock
and holders of Common Stock to approve certain amendments to the
Company’s Amended and Restated Articles of Incorporation and
related matters (the “Proposals”). Consummation of the Exchange
Offer is conditioned on the approval of the Proposals.
Neither the Exchange Offer nor the proxy solicitation has
commenced. Holders of Series A Preferred Stock should not tender
their shares of Series A Preferred Stock until the Exchange Offer
has commenced. If the Company commences the Exchange Offer, the
Exchange Offer will be made solely by the proxy
statement/prospectus forming a part of the Registration Statement,
the related letter of transmittal and certain other related
materials, including the Company’s tender offer statement on
Schedule TO, which the Company will file with the SEC. If the
Company commences the Exchange Offer, it will file each of the
documents referenced herein with the SEC, and, when available,
investors may obtain a free copy of them from the SEC at its
website, www.sec.gov. The Company will mail the proxy
statement/prospectus and related materials to the holders of Series
A Preferred Stock and holders of Common Stock who are eligible to
participate in the Exchange Offer and entitled to vote on the
Proposals, if and after the Registration Statement is declared
effective.
The Registration Statement relating to these securities has been
filed with the SEC but has not yet become effective. These
securities may not be sold nor may offers to buy be accepted prior
to the time the Registration Statement becomes effective.
About Regional Health Properties
Regional Health Properties, Inc. (NYSE American: RHE) (NYSE
American: RHEpA) is the successor to AdCare Health Systems, Inc.,
and is a self-managed healthcare real estate investment company
that invests primarily in real estate purposed for senior living
and long-term healthcare through facility lease and sub-lease
transactions.
RHE currently owns, leases, manages for third parties and
operates, 24 facilities (12 of which are owned by RHE, eight of
which are leased by RHE, three of which are managed by RHE for
third parties and one of which is leased and operated by RHE).
Effective January 1, 2021, the Company commenced operation of one
previously subleased facility as a portfolio stabilization
measure.
For more information, visit
www.regionalhealthproperties.com.
Important Cautions Regarding Forward-Looking
Statements
This press release includes forward-looking statements within
the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as
amended. Words such as “expects,” “intends,” “believes,”
“anticipates,” “plans,” “likely,” “will,” “seeks,” “estimates” and
variations of such words and similar expressions are intended to
identify such forward-looking statements. Statements in this press
release regarding future events and developments and our future
performance, as well as management’s expectations, beliefs, plans,
estimates or projections relating to the future, are
forward-looking statements.
Forward-looking statements, by their nature, involve estimates,
projections, goals, forecasts and assumptions and are subject to
risks and uncertainties that could cause actual results to differ
materially from those projected or contemplated by our
forward-looking statements due to various factors, including, among
others: our dependence on the operating success of our operators;
the significant amount of, and our ability to service, our
indebtedness; covenants in our debt agreements that may restrict
our ability to make investments, incur additional indebtedness and
refinance indebtedness on favorable terms; the availability and
cost of capital; our ability to raise capital through equity and
debt financings or through the sale of assets; the effect of
increasing healthcare regulation and enforcement on our operators
and the dependence of our operators on reimbursement from
governmental and other third-party payors; the relatively illiquid
nature of real estate investments; the impact of litigation and
rising insurance costs on the business of our operators; the impact
on us of litigation relating to our prior operation of our
healthcare properties; the effect of our operators declaring
bankruptcy, becoming insolvent or failing to pay rent as due; the
ability of any of our operators in bankruptcy to reject unexpired
lease obligations and to impede our ability to collect unpaid rent
or interest during the pendency of a bankruptcy proceeding and
retain security deposits for the debtor’s obligations; our ability
to find replacement operators and the impact of unforeseen costs in
acquiring new properties; the impact of COVID-19 on our business
and the business of our operators, including without limitation,
the extent and duration of the COVID-19 pandemic, increased costs
experienced by our operators in connection therewith, and the
extent to which government support may be available to our
operators to offset such costs and the conditions related thereto;
and other factors discussed from time to time in our news releases,
public statements and documents filed by us with the SEC from time
to time, including our Annual Report on Form 10-K, Quarterly
Reports on Form 10-Q and Current Reports on Form 8-K. These
forward-looking statements and such risks, uncertainties and other
factors speak only as of the date of this press release, and we
expressly disclaim any obligation or undertaking to update or
revise any forward-looking statement contained herein, to reflect
any change in our expectations with regard thereto or any other
change in events, conditions or circumstances on which any such
statement is based, except to the extent otherwise required by
applicable law.
No Offer or Solicitation
This communication is not intended to and shall not constitute
an offer to buy or sell or the solicitation of an offer to buy or
sell any securities, or a solicitation of any vote or approval, 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. No offering of securities shall be made, except by
means of a prospectus meeting the requirements of Section 10 of the
U.S. Securities Act of 1933, as amended.
Additional Information about the Exchange Offer and Where to
Find It
In connection with the proposed transaction, RHE filed with the
SEC a registration statement on Form S-4 on June 1, 2021, that
includes a preliminary proxy statement and that also constitutes a
preliminary prospectus. RHE intends to file other relevant
documents with the SEC regarding the proposed transaction,
including the definitive proxy statement/prospectus. The
information in the preliminary proxy statement/prospectus is not
complete and may be changed. This document is not a substitute for
the preliminary proxy statement/prospectus or registration
statement or any other document that RHE may file with the SEC. The
definitive proxy statement/prospectus (if and when available) will
be mailed to stockholders of RHE. INVESTORS AND SECURITY HOLDERS
ARE URGED TO READ THE REGISTRATION STATEMENT, THE PRELIMINARY PROXY
STATEMENT/PROSPECTUS, THE DEFINITIVE PROXY STATEMENT/PROSPECTUS IF
AND WHEN IT BECOMES AVAILABLE AND ANY OTHER RELEVANT DOCUMENTS THAT
MAY BE FILED WITH THE SEC, AS WELL AS ANY AMENDMENTS OR SUPPLEMENTS
TO THOSE DOCUMENTS, CAREFULLY AND IN THEIR ENTIRETY BECAUSE THEY
CONTAIN OR WILL CONTAIN IMPORTANT INFORMATION ABOUT RHE AND THE
PROPOSED TRANSACTION. Investors and security holders are able to
obtain free copies of the registration statement, preliminary proxy
statement/prospectus and all other documents containing important
information about RHE and the proposed transaction, once such
documents are filed with the SEC, including the definitive proxy
statement/prospectus if and when it becomes available, through the
website maintained by the SEC at http://www.sec.gov. The proxy
statement/prospectus included in the Registration Statement and
additional copies of the proxy statement/prospectus will be
available for free from RHE.
Participants in the Solicitation
RHE and certain of its directors and executive officers may be
deemed to be participants in the solicitation of proxies in respect
of the proposed transaction. Information about the directors and
executive officers of RHE, including a description of their direct
or indirect interests, by security holdings or otherwise, is set
forth in RHE’s proxy statement for its 2020 Annual Meeting of
Shareholders, which was filed with the SEC on November 5, 2020, and
RHE’s Annual Report on Form 10-K for the fiscal year ended December
31, 2020, which was filed with the SEC on March 29, 2021. Investors
may obtain additional information regarding the interests of those
persons and other persons who may be deemed participants in the
proposed transaction by reading the preliminary proxy
statement/prospectus, including any amendments thereto, as well as
the definitive proxy statement/prospectus if and when it becomes
available and other relevant materials to be filed with the SEC
regarding the proposed transaction when such materials become
available. Investors should read the registration statement, the
preliminary proxy statement/prospectus, and the definitive proxy
statement/prospectus, if and when it becomes available, carefully
before making any voting or investment decisions. You may obtain
free copies of these documents from RHE using the sources indicated
above.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20210601006053/en/
Company Contact Benjamin A. Waites Chief Financial Officer and
Vice President Regional Health Properties, Inc. Tel (678) 368-4393
ben.waites@regionalhealthproperties.com
Investor Relations Brett Maas Managing Partner Hayden IR Tel
(646) 536-7331 brett@haydenir.com
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