HOUSTON, April 11, 2013 /PRNewswire/ -- Copano
Energy, L.L.C. (NASDAQ: CPNO) announced that it has further
extended until 5:00 p.m. New York
City Time on April 16, 2013 (as
extended, the "Expiration Date") its previously announced consent
solicitation relating to its $510.0
million in aggregate principal amount of 7.125% Senior Notes
due 2021 (the "Notes"). Copano also has further amended the
solicitation to increase the fee payable to consenting holders of
Notes. Additionally, Copano announced that Kinder Morgan
Energy Partners, L.P. ("Kinder
Morgan") has delivered a commitment to the trustee for the
Notes that, subject to receipt of the requisite consents and the
satisfaction or waiver of the other conditions to the consent
solicitation and the consummation of the proposed merger between
Kinder Morgan and Copano,
Kinder Morgan will irrevocably and
unconditionally guarantee the Notes in the manner and upon the
terms set forth in the consent solicitation statement referred to
below.
The consent solicitation is conditioned on the receipt of
consents to amendments to the indenture governing the Notes from
holders of record as of March 27, 2013 (the "Record Date") of
at least a majority in aggregate principal amount of the
Notes. Copano will make a cash payment of $2.50 per $1,000
principal amount of Notes for which a holder of record has validly
delivered (and not revoked) a consent prior to the Expiration Date.
Copano will not be obligated to make any payments if the requisite
consents are not obtained prior to the Expiration Date or if the
other conditions to the consent solicitation are not satisfied or
waived.
This announcement amends and supplements the consent
solicitation statement, dated as of March
28, 2013, which was sent to all holders of the Notes as of
the Record Date. The consent solicitation may be further
amended, extended or terminated, at the option of Copano. Holders
of the Notes should refer to the consent solicitation statement for
a complete statement of the terms and conditions of the
solicitation.
The Solicitation Agent in connection with the consent
solicitation is BofA Merrill Lynch. Questions regarding the consent
solicitation may be directed to BofA Merrill Lynch, Attention:
Liability Management Group at (888) 292-0070 (toll free) or (980)
387-3907 (collect). D. F. King &
Co., Inc. is serving as Information Agent and Tabulation Agent in
connection with the consent solicitation. Requests for assistance
in delivering consents or for additional copies of the consent
solicitation statement should be directed to the Information Agent
at (888) 887-0082 (toll free) or (212) 269-5550 (banks and brokers)
(collect).
This announcement is not an offer to purchase, a solicitation of
an offer to purchase, or a solicitation of consents with respect to
any securities. The consent solicitation is being made solely by
the consent solicitation statement and is subject to the terms and
conditions stated therein. Copano reserves the right to modify the
consent solicitation statement or to terminate the consent
solicitation.
About Copano Energy, L.L.C.
Copano Energy, L.L.C. is a midstream natural gas company with
operations in Texas, Oklahoma and Wyoming. For more
information, please visit http://www.copano.com.
This news release includes "forward-looking statements," as
defined by the Securities and Exchange Commission. Statements that
address activities or events that Copano believes will or may occur
in the future are forward-looking statements. These statements
include, but are not limited to, statements about future producer
activity and Copano's total distributable cash flow and
distribution coverage. These statements are based on management's
experience and perception of historical trends, current conditions,
expected future developments and other factors management believes
are reasonable. Important factors that could cause actual results
to differ materially from those in forward-looking statements
include the following risks and uncertainties, many of which are
beyond Copano's control: the volatility of prices and market demand
for natural gas, crude oil, condensate and NGLs, and for products
derived from these commodities; Copano's ability to continue to
connect new sources of natural gas, crude oil and condensate, and
the NGL content of new gas supplies; the ability of key producers
to continue to drill and successfully complete and connect new
natural gas and condensate volumes and such producers' performance
under their contracts with Copano; Copano's ability to attract and
retain key customers and contract with new customers, and such
customers' performance under their contracts with Copano; Copano's
ability to access or construct new pipeline capacity, gas
processing and NGL fractionation and transportation capacity; the
availability of local, intrastate and interstate transportation
systems, trucks and other facilities and services for condensate,
natural gas and NGLs; Copano's ability (and the ability of its
third-party service providers) to meet in-service dates, cost
expectations and operating performance standards for construction
projects; Copano's ability to successfully integrate any acquired
asset or operations; Copano's ability to access its revolving
credit facility and to obtain additional financing on acceptable
terms; the effectiveness of Copano's hedging program; general
economic conditions; force majeure events such as the loss of a
market or facility downtime; the effects of government regulations
and policies; Copano's ability to complete its proposed merger with
Kinder Morgan; and other financial,
operational and legal risks and uncertainties detailed from time to
time in Copano's quarterly and annual reports filed with the
Securities and Exchange Commission. Copano does not undertake to
update any forward-looking statement except as provided by
law.
Contacts:
|
Carl A.
Luna, SVP and CFO
Copano
Energy, L.L.C.
713-621-9547
Jack
Lascar/jlascar@dennardlascar.com
Anne
Pearson/apearson@dennardlascar.com
Dennard-Lascar Associates / 713-529-6600
|
SOURCE Copano Energy, L.L.C.