Prime Hospitality Enters Into Memorandum of Understanding to Settle Stockholder Litigation
September 24 2004 - 9:00AM
PR Newswire (US)
Prime Hospitality Enters Into Memorandum of Understanding to Settle
Stockholder Litigation FAIRFIELD, N.J., Sept. 24
/PRNewswire-FirstCall/ -- Prime Hospitality Corp. (the "Company")
announced today that the Company and the other defendants have
entered into a memorandum of understanding to settle the purported
class action litigation brought in connection with the Company's
acquisition by BREP IV Hotels Holding L.L.C., an affiliate of The
Blackstone Group ("Blackstone"). The litigation was brought in the
Court of Chancery of the State of Delaware, New Castle County,
against the Company, the Company's directors and Blackstone. The
settlement will not affect the amount of merger consideration to be
paid in the merger or any other terms of the merger. In connection
with the settlement, the Company has agreed to make certain
additional disclosures to its stockholders, which will be included
in a proxy statement supplement that will be mailed to stockholders
of the Company. Subject to the completion of certain confirmatory
discovery by counsel to the plaintiffs, the memorandum of
understanding contemplates that the parties will enter into a
settlement agreement. The settlement agreement will be subject to
customary conditions including court approval following notice to
the stockholders of the Company and consummation of the merger. In
the event that the parties enter into a settlement agreement, a
hearing will be scheduled at which the court will consider the
fairness, reasonableness and adequacy of the settlement which, if
finally approved by the court, will resolve all of the claims that
were or could have been brought in the actions being settled,
including all claims relating to the merger, the merger agreement
and any disclosure made in connection therewith. The defendants
deny the allegations made in the purported class action litigation
and have agreed to settle the litigation to avoid the burden and
expense of further litigation and to avoid the risk of delaying the
merger. About Prime Hospitality Corp. Prime Hospitality Corp., one
of the nation's premiere lodging companies, owns, manages, develops
and franchises more than 250 hotels throughout North America. The
Company owns and operates three proprietary brands, AmeriSuites(R)
(all suites), PRIME Hotels & Resorts(R) (full-service) and
Wellesley Inns & Suites(R) (limited service). Also within
Prime's portfolio are owned and/or managed hotels operated under
franchise agreements with national hotel chains including Hilton,
Sheraton, Hampton, and Holiday Inn. Prime can be accessed over the
Internet at http://www.primehospitality.com/. About The Blackstone
Group The Blackstone Group, a private investment firm with offices
in New York, London and Hamburg, was founded in 1985. Blackstone's
Real Estate Group has raised five funds, representing over $6
billion in total equity, and has a long track record of investing
in hotels and other commercial properties. In addition to Real
Estate, The Blackstone Group's core businesses include, Private
Equity, Corporate Debt Investing, Marketable Alternative Asset
Management, Mergers and Acquisitions Advisory, and Restructuring
and Reorganization Advisory. The Blackstone Group can be accessed
on the Internet at http://www.blackstone.com/. Certain statements
and information included in this press release constitute
"forward-looking statements" within the meaning of the Federal
Private Securities Litigation Reform Act of 1995. Such
forward-looking statements involve known and unknown risks,
uncertainties and other factors which may cause the actual results,
performance, or achievements of the Company to be materially
different from any future results, performance or achievements
expressed or implied in such forward-looking statements. Additional
discussion of factors that could cause actual results to differ
materially from management's projections, forecasts, estimates and
expectations is contained in the Company's SEC filings. In
connection with the proposed merger, the Company has filed a proxy
statement with the Securities and Exchange Commission. INVESTORS
AND SECURITY HOLDERS ARE ADVISED TO READ THE PROXY STATEMENT
BECAUSE IT CONTAINS IMPORTANT INFORMATION. Investors and security
holders may obtain a free copy of the proxy statement and other
documents filed by the Company at the Securities and Exchange
Commission's website at http://www.sec.gov/. The proxy statement
and such other documents may also be obtained for free from the
Company by directing such request to the Company, Attention:
Investor Relations, 690 Route 46 East, Fairfield, New Jersey 07004,
with a copy to the attention of the Company's Secretary and General
Counsel, Joseph B. Bernardino, Esq., or by telephone at (973)
882-1010. The Company and its directors, executive officers and
other members of its management and employees may be deemed to be
participants in the solicitation of proxies from its shareholders
in connection with the proposed merger. Information concerning the
interests of Company's participants in the solicitation is set
forth in the Company's proxy statements and Annual Reports on Form
10-K, previously filed with the Securities and Exchange Commission,
and in the proxy statement relating to the merger. DATASOURCE:
Prime Hospitality Corp. CONTACT: Rich Szymankski, Prime Hospitality
Corp., +1-973-808-7751; or John Ford, The Blackstone Group,
+1-212-583-5559 Web site: http://www.primehospitality.com/
http://www.blackstone.com/
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