Hart-Scott-Rodino Act Waiting Period Terminated for Kindred Healthcare’s Acquisition of RehabCare Group
April 11 2011 - 5:01PM
Business Wire
Kindred Healthcare, Inc. (“Kindred”) (NYSE:KND) and RehabCare
Group, Inc. (“RehabCare”) (NYSE:RHB) today jointly announced that
the waiting period under the Hart-Scott-Rodino Improvement Act of
1976 for Kindred’s previously announced acquisition of RehabCare
was terminated on April 8, 2011.
On February 8, 2011, Kindred and RehabCare announced that
Kindred had agreed to acquire RehabCare pursuant to which each
holder of RehabCare common stock will receive $26.00 per share in
cash and 0.471 of a share of Kindred common stock. The transaction
is expected to close by June 30, 2011. The acquisition is subject
to certain conditions, including approvals by the stockholders of
both companies, consummation of financing in accordance with the
terms of commitment letters obtained by Kindred, and the receipt of
certain licensure and regulatory approvals.
About Kindred Healthcare
Kindred Healthcare, Inc., a top-200 private employer in the
United States, is a FORTUNE 500 healthcare services company based
in Louisville, Kentucky with annual revenues of over $4.3 billion
and approximately 56,800 employees in 40 states. At December 31,
2010, Kindred through its subsidiaries provided healthcare services
in 696 locations, including 89 long-term acute care hospitals, 226
nursing and rehabilitation centers and a contract rehabilitation
services business, Peoplefirst rehabilitation services, which
served 381 non-affiliated facilities. Ranked as one of Fortune
magazine’s Most Admired Healthcare Companies three years in a row,
Kindred’s mission is to promote healing, provide hope, preserve
dignity and produce value for each patient, resident, family
member, customer, employee and shareholder we serve. For more
information, go to www.kindredhealthcare.com.
About RehabCare Group
Established in 1982 and headquartered in St. Louis, MO,
RehabCare Group, Inc. (www.rehabcare.com) is a leading provider of
post-acute care, owning and operating 34 long-term acute care and
rehabilitation hospitals and providing program management services
in partnership with over 1,250 hospitals and skilled nursing
facilities in 42 states and Puerto Rico. RehabCare is included in
the Russell 2000 and Standard and Poor’s Small Cap 600 Indices.
Additional Information About this
Transaction
In connection with the pending transaction with RehabCare Group,
Inc., Kindred Healthcare, Inc. has filed with the Securities and
Exchange Commission (the “SEC”) a
Registration Statement on Form S-4 (commission file number
333-173050) that includes a joint proxy statement of Kindred and
RehabCare that also constitutes a prospectus of Kindred. Kindred
and RehabCare will mail the definitive joint proxy
statement/prospectus to their respective stockholders after the
Registration Statement has been declared effective by the SEC.
WE URGE INVESTORS AND SECURITY HOLDERS TO READ THE JOINT PROXY
STATEMENT/PROSPECTUS REGARDING THE PENDING TRANSACTION WHEN
IT BECOMES AVAILABLE BECAUSE IT CONTAINS IMPORTANT INFORMATION.
You may obtain a free copy of the joint proxy statement/prospectus
(when available) and other related documents filed by Kindred and
RehabCare with the SEC at the SEC’s website at www.sec.gov. The
joint proxy statement/prospectus (when available) and the other
documents filed by Kindred and RehabCare with the SEC may also be
obtained for free by accessing Kindred’s website at
www.kindredhealthcare.com and clicking on the “Investors” link and
then clicking on the link for “SEC Filings” or by accessing
RehabCare’s website at www.RehabCare.com and clicking on the
“Investor Information” link and then clicking on the link for “SEC
Filings.”
Participants in this
Transaction
Kindred, RehabCare and their respective directors, executive
officers and certain other members of management and employees may
be soliciting proxies from their respective stockholders in favor
of the pending transaction. You can find information about
Kindred’s executive officers and directors in Kindred’s joint proxy
statement/prospectus. You can find information about RehabCare’s
executive officers and directors in its definitive proxy statement
filed with the SEC on March 23, 2010. You can obtain a free copy of
these documents from Kindred or RehabCare, respectively, using the
contact information above.
Forward-Looking
Statements
Information set forth in this press release contains
forward-looking statements, which involve a number of risks and
uncertainties. Kindred and RehabCare caution readers that any
forward-looking information is not a guarantee of future
performance and that actual results could differ materially from
those contained in the forward-looking information. Such
forward-looking statements include, but are not limited to,
statements about the benefits of the business combination
transaction involving Kindred and RehabCare, including future
financial and operating results, the combined company’s plans,
objectives, expectations and intentions and other statements that
are not historical facts.
The following factors, among others, could cause actual results
to differ from those set forth in the forward-looking statements:
(a) the receipt of all required licensure and regulatory approvals
and the satisfaction of the closing conditions to the acquisition
of RehabCare by Kindred, including approval of the pending
transaction by the stockholders of the respective companies, and
Kindred’s ability to complete the required financing as
contemplated by the financing commitment; (b) Kindred’s ability to
integrate the operations of the acquired hospitals and
rehabilitation services operations and realize the anticipated
revenues, economies of scale, cost synergies and productivity gains
in connection with the RehabCare acquisition and any other
acquisitions that may be undertaken during 2011, as and when
planned, including the potential for unanticipated issues, expenses
and liabilities associated with those acquisitions and the risk
that RehabCare fails to meet its expected financial and operating
targets; (c) the potential for diversion of management time and
resources in seeking to complete the RehabCare acquisition and
integrate its operations; (d) the potential failure to retain key
employees of RehabCare; (e) the impact of Kindred’s significantly
increased levels of indebtedness as a result of the RehabCare
acquisition on Kindred’s funding costs, operating flexibility and
ability to fund ongoing operations with additional borrowings,
particularly in light of ongoing volatility in the credit and
capital markets; (f) the potential for dilution to Kindred
stockholders as a result of the RehabCare acquisition; and (g) the
ability of Kindred to operate pursuant to the terms of its debt
obligations, including Kindred’s obligations under financings
undertaken to complete the RehabCare acquisition, and the ability
of Kindred to operate pursuant to its master lease agreements with
Ventas, Inc. (NYSE:VTR). Additional factors that may affect future
results are contained in Kindred’s and RehabCare’s filings with the
SEC, which are available at the SEC’s web site at www.sec.gov. Many
of these factors are beyond the control of Kindred or RehabCare.
Kindred and RehabCare disclaim any obligation to update and revise
statements contained in these materials based on new information or
otherwise.
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