UGI Corporation (NYSE: UGI; “UGI”) and AmeriGas Partners, L.P.
(NYSE: APU; the “Partnership”) announced today that, at the special
meeting of the Partnership common unitholders held earlier today,
the Partnership’s common unitholders voted to approve that certain
Agreement and Plan of Merger, dated as of April 1, 2019 (the
“Merger Agreement”), by and among UGI, AmeriGas Propane, Inc., the
general partner of the Partnership, AmeriGas Propane Holdings,
Inc., an indirect, wholly owned subsidiary of UGI, AmeriGas Propane
Holdings, LLC, an indirect, wholly owned subsidiary of UGI (“Merger
Sub”), and the Partnership, and the transactions contemplated
thereby, including the merger of Merger Sub with and into the
Partnership, with the Partnership surviving as an indirect, wholly
owned subsidiary of UGI (the “Merger”).
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Approximately 93% of the Partnership’s common unitholders
represented in person or by proxy at the special meeting voted in
favor of approval of the Merger Agreement, which represented
approximately 60% of the Partnership’s total outstanding common
units as of July 1, 2019, the record date for the special meeting.
As a result of a majority of the outstanding Partnership common
units being voted in favor of approval of the Merger Agreement, the
Merger Agreement and the transactions contemplated thereby,
including the Merger, were approved and adopted.
The Partnership and UGI also announced today that all conditions
required to complete the Merger under the terms of the Merger
Agreement have been satisfied and all necessary filings will be
made for the transaction to take effect on August 21, 2019. The
Partnership’s common units will continue to trade on the New York
Stock Exchange (“NYSE”) on August 21, 2019 and will be suspended
from trading on the NYSE effective as of the opening of trading on
August 22, 2019. On or about August 22, 2019, the Partnership will
direct the NYSE to file a Form 25 with the Securities and Exchange
Commission (“SEC”) to commence the process of delisting the
Partnership common units from the NYSE and deregistering such
common units under the Securities Exchange Act of 1934, as amended.
Promptly after the effective time of the Merger, Computershare
Trust Company, N.A., the Partnership’s exchange agent, will mail or
provide to each record holder of Partnership common units
transmittal materials and instructions for the surrender of such
holder’s Partnership common units that have not previously been
surrendered. Upon the surrender of original unit certificates
evidencing Partnership common units, if applicable, accompanied by
the return of the transmittal materials, the exchange agent will
promptly pay the merger consideration to Partnership common
unitholders. Partnership common unitholders who hold their common
units through a broker, bank or other nominee should contact them
for instructions on how to receive their merger consideration.
About UGI Corporation
UGI Corporation is a distributor and marketer of energy products
and services. Through subsidiaries, UGI operates natural gas and
electric utilities in Pennsylvania, distributes propane both
domestically and internationally, manages midstream energy and
electric generation assets in Pennsylvania, Ohio and West Virginia,
and engages in energy marketing in eleven eastern states, the
District of Columbia and internationally in France, Belgium, the
Netherlands and the UK. UGI, through subsidiaries, is the sole
general partner and owns approximately 26% of the Partnership, the
nation's largest retail propane distributor.
About AmeriGas Partners, L.P.
AmeriGas Partners, L.P. is the nation’s largest retail propane
marketer, serving over 1.7 million customers in all 50 states from
approximately 1,900 distribution locations. UGI, through
subsidiaries, is currently the sole general partner and owns
approximately 26% of the Partnership, with the public owning the
remaining 74%. Comprehensive information about the Partnership is
available on the Internet at http://www.amerigas.com.
Forward-Looking Statements
All statements in this press release (and oral statements made
regarding the subjects of this communication) other than historical
facts are forward-looking statements. The safe harbor provisions
under Section 27A of the Securities Act of 1933, as amended, and
Section 21E of the Securities Exchange Act of 1934, as amended, do
not apply to forward-looking statements made or referred to in this
release. These forward-looking statements rely on a number of
assumptions concerning future events and are subject to a number of
uncertainties and factors, many of which are outside the control of
UGI and the Partnership, which could cause actual results to differ
materially from such statements. Forward-looking information
includes, but is not limited to, the anticipated completion of the
proposed transaction and the timing thereof. While UGI believes
that the assumptions concerning future events are reasonable, it
cautions that there are inherent difficulties in predicting certain
important factors that could impact the future performance or
results of its business. Among the factors that could cause results
to differ materially from those indicated by such forward-looking
statements are: the failure to realize the anticipated costs
savings, synergies and other benefits of the Merger and any recent
or future transactions, including certain integration risks
relating to the acquisition of Columbia Midstream Group, LLC by UGI
Energy Services, LLC; the possible diversion of management time on
Merger-related issues; local, regional and national economic
conditions and the impact they may have on UGI, the Partnership and
their customers; changes in tax laws that impact MLPs and the
continued analysis of recent tax legislation; conditions in the
energy industry, including cost volatility and availability of all
energy products, including propane, natural gas, electricity and
fuel oil as well as increased customer conservation measures;
adverse weather conditions; the financial condition of UGI’s and
the Partnership’s customers; any non-performance by customers of
their contractual obligations; changes in customer, employee or
supplier relationships; changes in safety, health, environmental
and other regulations; liability for uninsured claims and for
claims in excess of insurance coverage; domestic and international
political, regulatory and economic conditions in the U.S. and in
foreign countries, including the current conflicts in the Middle
East; foreign currency exchange rate fluctuations (particularly the
euro); the timing of development of Marcellus Shale gas production;
the results of any reviews, investigations or other proceedings by
government authorities; addressing any reviews, investigations or
other proceedings by government authorities or shareholder actions,
including, but not limited to, pending litigation relating to the
Merger; the performance of the Partnership; and the interruption,
disruption, failure, malfunction or breach of UGI’s or the
Partnership’s information technology systems, including due to
cyber-attack.
These forward-looking statements are also affected by the risk
factors, forward-looking statements and challenges and
uncertainties described in each of UGI’s and the Partnership’s
Annual Reports on Form 10-K for the fiscal year ended September 30,
2018, and those set forth from time to time in each entity’s
filings with the SEC, which are available at www.ugicorp.com and
www.amerigas.com, respectively. Except as required by law, UGI and
the Partnership expressly disclaim any intention or obligation to
revise or update any forward-looking statements whether as a result
of new information, future events or otherwise.
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UGI and AmeriGas Contacts Brendan Heck, 610-337-1000,
ext. 6608 Alanna Zahora, 610-337-1000, ext. 1004 Shelly Oates,
610-337-1000, ext. 3202
Media Contacts Daniel Yunger or Lindsay Gross Kekst CNC
+1 (212) 521-4800 daniel.yunger@kekstcnc.com or
lindsay.gross@kekstcnc.com
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