Cleveland-Cliffs Inc. (NYSE: CLF) (“Cliffs” or
“Cleveland-Cliffs”) and AK Steel Holding Corporation (NYSE: AKS)
(“AK Steel”) today announced that they have received
recommendations from both Glass, Lewis & Co., LLC (“Glass
Lewis”) and Institutional Shareholder Services, Inc. (“ISS”) to
vote in favor of their proposed merger transaction. Under the
pending transaction, Cliffs would acquire all of AK Steel’s
outstanding shares pursuant to the Agreement and Plan of Merger
(the “Merger Agreement”) entered into by Cliffs and AK Steel
providing for the merger of a subsidiary of Cliffs with and into AK
Steel, with AK Steel surviving as a wholly owned subsidiary of
Cliffs (the “Merger”).
The Merger is currently scheduled to close on March 13, 2020 and
remains subject to adoption by AK Steel’s stockholders of the
Merger Agreement and approval by Cliffs’ shareholders of the Merger
Agreement and the transactions contemplated thereby, including the
issuance of new Cliffs’ shares in connection with the proposed
Merger. The special shareholder meeting for Cleveland-Cliffs and
the special stockholder meeting for AK Steel are each scheduled to
take place on Tuesday, March 10, 2020 at 11:00 a.m. Eastern time.
Cliffs and AK Steel urge all shareholders to vote in favor of
the proposed Merger as promptly as possible.
About Cleveland-Cliffs
Founded in 1847, Cleveland-Cliffs is the largest and oldest
independent iron ore mining company in the United States.
Cleveland-Cliffs is a major supplier of iron ore pellets to the
North American steel industry from its mines and pellet plants
located in Michigan and Minnesota. In 2020, Cleveland-Cliffs
expects to be the sole producer of hot briquetted iron (HBI) in the
Great Lakes region with the development of its first production
plant in Toledo, Ohio. Driven by the core values of safety, social,
environmental and capital stewardship, Cleveland-Cliffs’ employees
endeavor to provide all stakeholders with operating and financial
transparency.
About AK Steel
AK Steel is a leading producer of flat-rolled carbon, stainless
and electrical steel products, primarily for the automotive,
infrastructure and manufacturing, including electrical power, and
distributors and converters markets. Through its subsidiaries, the
company also provides customer solutions with carbon and stainless
steel tubing products, hot- and cold-stamped components, and die
design and tooling. Headquartered in West Chester, Ohio (Greater
Cincinnati), the company has approximately 9,300 employees at
manufacturing operations in the United States, Canada and Mexico,
and facilities in Western Europe.
Forward-looking Statements
This communication contains “forward-looking statements” within
the meaning of the federal securities laws, including Section 27A
of the Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended, and the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995.
In this context, forward-looking statements often address expected
future business and financial performance and financial condition,
and often contain words such as “expect,” “anticipate,” “intend,”
“plan,” “believe,” “estimate,” “would,” “target” and similar
expressions, as well as variations or negatives of these words.
Forward-looking statements by their nature address matters that
are, to different degrees, uncertain, such as statements about the
consummation of the proposed Merger and the anticipated benefits
thereof. These and other forward-looking statements reflect AK
Steel’s and Cliffs’ current beliefs and judgments and are not
guarantees of future results or outcomes. Forward-looking
statements are based on assumptions and estimates that are
inherently affected by economic, competitive, regulatory, and
operational risks and uncertainties and contingencies that may be
beyond AK Steel’s or Cliffs’ control.
They are also subject to inherent risks and uncertainties that
could cause actual results or performance to differ materially from
those expressed in any forward-looking statements. Important risk
factors that may cause such a difference include (i) the completion
of the proposed Merger on the anticipated terms and timing,
including obtaining shareholder approvals and anticipated tax
treatment, or at all, (ii) potential unforeseen liabilities, future
capital expenditures, revenues, expenses, earnings, economic
performance, indebtedness, financial condition, losses and future
prospects, (iii) the ability of Cliffs to integrate its and AK
Steel’s businesses successfully and to achieve anticipated
synergies, (iv) business and management strategies for the
management, expansion and growth of the combined company’s
operations following the consummation of the proposed Merger, (v)
pending litigation relating to the proposed Merger and potential
future litigation that could be instituted against AK Steel, Cliffs
or their respective directors, (vi) the risk that disruptions from
the proposed Merger will harm AK Steel’s or Cliffs’ business,
including current plans and operations, (vii) the ability of AK
Steel or Cliffs to retain and hire key personnel, (viii) potential
adverse reactions or changes to business relationships resulting
from the announcement or completion of the proposed Merger, (ix)
uncertainty as to the long-term value of Cliffs’ common stock, (x)
continued availability of capital and financing and rating agency
actions, (xi) legislative, regulatory and economic developments and
(xii) unpredictability and severity of catastrophic events,
including acts of terrorism or outbreak of war or hostilities, as
well as management’s response to any of the aforementioned factors.
These risks, as well as other risks associated with the proposed
Merger, are more fully discussed in the joint proxy
statement/prospectus that is included in the Registration Statement
(as defined below) filed with the SEC by Cliffs in connection with
the proposed Merger. While the list of factors presented here is,
and the list of factors presented in the Registration Statement
are, considered representative, no such list should be considered
to be a complete statement of all potential risks and
uncertainties. Other factors that may present significant
additional obstacles to the realization of forward-looking
statements or which could have a material adverse effect on AK
Steel’s or Cliffs’ respective consolidated financial condition,
results of operations, credit rating or liquidity are contained in
AK Steel’s and Cliffs’ respective periodic reports filed with the
SEC, including AK Steel’s annual report on Form 10-K and Cliffs’
annual report on Form 10-K. Neither AK Steel nor Cliffs assumes any
obligation to publicly provide revisions or updates to any
forward-looking statements, whether as a result of new information,
future developments or otherwise, should circumstances change,
except as otherwise required by applicable law.
Additional Information and Where to Find
It
In connection with the proposed Merger, on January 8, 2020,
Cliffs filed with the SEC a registration statement on Form S-4
(File No. 333-235855) (as amended and as it may be supplemented
from time to time, the “Registration Statement”) that includes a
joint proxy statement of Cliffs and AK Steel and also constitutes a
prospectus of Cliffs. The Registration Statement was declared
effective by the SEC on February 4, 2020. On February 4, 2020, AK
Steel also filed with the SEC its definitive joint proxy
statement/prospectus in connection with the proposed Merger. AK
Steel and Cliffs began mailing the definitive joint proxy
statement/prospectus to their respective stockholders and
shareholders on or around February 5, 2020. Cliffs and AK Steel may
also file other documents with the SEC regarding the proposed
Merger. This communication is not a substitute for the Registration
Statement or any other such document that Cliffs or AK Steel may
file with the SEC. INVESTORS AND SECURITY HOLDERS ARE URGED TO READ
THE REGISTRATION STATEMENT, THE DEFINITIVE JOINT PROXY
STATEMENT/PROSPECTUS AND ANY OTHER RELEVANT DOCUMENTS THAT ARE
FILED OR WILL BE FILED WITH THE SEC, AS WELL AS ANY AMENDMENTS OR
SUPPLEMENTS TO THESE DOCUMENTS, CAREFULLY AND IN THEIR ENTIRETY
BECAUSE THEY CONTAIN OR WILL CONTAIN IMPORTANT INFORMATION ABOUT
THE PROPOSED MERGER AND RELATED MATTERS. Investors and security
holders may obtain copies of the Registration Statement, the
definitive joint proxy statement/prospectus and the other documents
filed with the SEC free of charge at the SEC’s website,
www.sec.gov. Documents filed with the SEC by AK Steel, including
the definitive joint proxy statement/prospectus, are also available
from AK Steel free of charge at its website, www.aksteel.com, or by
contacting its Investor Relations at (513) 425-5215. Documents
filed with the SEC by Cliffs are also available from Cliffs free of
charge at its website, www.clevelandcliffs.com, or by contacting
Cliffs’ Investor Relations at (216) 694-6544.
Participants in the Solicitation Regarding
the Proposed Merger
AK Steel and Cliffs and certain of their respective directors
and executive officers may be deemed to be participants in the
solicitation of proxies in respect of the proposed Merger.
Information concerning AK Steel’s directors and executive officers,
including a description of their direct or indirect interests, by
security holdings or otherwise, is set forth in the proxy statement
for AK Steel’s 2019 annual meeting of stockholders, as filed with
the SEC on Schedule 14A on April 10, 2019. Information regarding
Cliffs’ directors and executive officers, including a description
of their direct or indirect interests, by security holdings or
otherwise, is set forth in the proxy statement for Cliffs’ 2019
annual meeting of shareholders, as filed with the SEC on Schedule
14A on March 12, 2019. Additional information regarding the
interests of these participants are included in the definitive
joint proxy statement/prospectus and the Registration Statement, as
well as other relevant materials filed with the SEC when such
materials become available. Free copies of these documents may be
obtained from the sources indicated above.
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version on businesswire.com: https://www.businesswire.com/news/home/20200225005998/en/
Cleveland-Cliffs Investor Relations: Paul Finan Director,
Investor Relations (216) 694-6544
Media Relations: Patricia Persico Director, Corporate
Communications (216) 650-0168
AK Steel Investor Relations: Douglas O. Mitterholzer
General Manager, Investor Relations (513) 425-5215
Media Relations: Lisa H. Jester Corporate Manager,
Communications and Public Relations (513) 425-2510
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