PetroMagdalena announces all-cash offer by Pacific Rubiales
June 02 2012 - 11:47AM
PR Newswire (Canada)
TORONTO, June 5, 2012 /CNW/ - PetroMagdalena Energy Corp. announced
today that it has entered into a definitive agreement (the
"Arrangement Agreement") with Pacific Rubiales Energy Corp. ,
pursuant to which Pacific Rubiales has offered to acquire all of
the issued and outstanding common shares of PetroMagdalena (the
"Shares") by way of a Plan of Arrangement under the British
Columbia Business Corporations Act (the "Arrangement"). Under the
Arrangement, shareholders of PetroMagdalena will receive C$1.60 in
cash for each outstanding Share, representing a premium of
approximately 38% on the 20 day volume weighted average price of
PetroMagdalena's common shares on the TSX-V as of June 4, 2012. In
addition, holders of all of the outstanding PetroMagdalena warrants
(the "Warrants") will receive C$0.25 in cash for each unexercised
Warrant held at closing. The Warrants had a closing trading price
on the TSX-V of C$0.215 on June 4, 2012. PetroMagdalena's Board of
Directors, after consultation with GMP Securities L.P. ("GMP") who
acted as PetroMagdalena's exclusive financial advisor and Blake,
Cassels & Graydon LLP, PetroMagdalena's legal advisors, and
based on the recommendation of an independent committee of
PetroMagdalena's Board of Directors formed specifically to consider
the offer, has unanimously determined that the Arrangement is fair
to PetroMagdalena's shareholders and warrantholders (collectively,
"Securityholders") and recommends that PetroMagdalena's
Securityholders vote in favour of the Arrangement. Both Miguel de
la Campa and Serafino Iacono, directors of the Company who are also
directors of Pacific Rubiales, did not participate in any
discussions or negotiations regarding the approval of the proposed
acquisition and abstained from the Boards' deliberations. Luciano
Biondi, Chief Executive Officer of PetroMagdalena, stated "We are
very pleased to receive this offer and provide shareholders with an
opportunity to realize value on their investment and provide
liquidity in a volatile market." Arrangement Agreement Summary The
Arrangement Agreement contains customary non-solicitation
provisions, subject to PetroMagdalena's right to consider and
accept superior proposals. In the event of a superior proposal,
Pacific Rubiales will have a five business day right to match the
superior proposal. If the Arrangement is not completed as a result
of a superior proposal or for other certain specified
circumstances, a termination fee equal to C$10,000,000 will be paid
by PetroMagdalena to Pacific Rubiales. If the Arrangement is not
completed, due to certain circumstances, including a failure to
receive necessary regulatory approvals, a reverse termination fee
of C$10,000,000 will be paid to PetroMagdalena by Pacific Rubiales.
The terms and conditions of the Arrangement will be summarized in
PetroMagdalena's management information circular which will be
filed and mailed to PetroMagdalena's Securityholders in late June
2012. Securityholders will be asked to approve the Arrangement at a
special meeting to be held in July 2012 (the "Special Meeting").
The Arrangement will be subject, among other things, to the
approval of at least 66 2/3% of the votes cast at the Special
Meeting of PetroMagdalena's Securityholders to be called to
consider the Arrangement. In addition, the Arrangement will be
subject to certain customary conditions, including court approval,
relevant regulatory approvals and the absence of any material
adverse change with respect to PetroMagdalena. The transaction is
expected to close in the third quarter of 2012. GMP has provided an
opinion that, based upon and subject to the assumptions,
limitations, and qualifications in such opinion, the consideration
to be received by PetroMagdalena's shareholders and warrantholders
is fair, from a financial point of view, to PetroMagdalena
shareholders and warrantholders, respectively. A copy of the
fairness opinion will be included in the PetroMagdalena meeting
materials in respect of the Special Meeting. PetroMagdalena is a
Canadian-based oil and gas exploration and production company, with
working interests in 19 properties in five basins in Colombia.
Further information can be obtained by visiting our website at
www.petromagdalena.com. All monetary amounts in U.S. dollars unless
otherwise stated. Certain information contained in this news
release, including any information relating to the proposed
transaction (the "Transaction") and or future financial or
operating performance of PetroMagdalena may be deemed
"forward-looking". These statements relate to future events or
future performance and reflect PetroMagdalena's expectations
regarding the Transaction, and the future growth, results of
operations, business prospects and opportunities of PetroMagdalena,
Pacific Rubiales and the combined company. These forward-looking
statements also reflect PetroMagdalena's current internal
projections, expectations or beliefs and are based on information
currently available to each party, respectively. These
forward-looking statements are subject to a variety of risks and
uncertainties that are identified and disclosed in the Annual
Information Form of PetroMagdalena for the year ended December 31,
2011. In some cases forward-looking information can be identified
by terminology such as "may", "will", "should", "expect", "intend",
"plan", "anticipate", "believe", "estimate", "projects",
"potential", "scheduled", "forecast", "budget" or the negative of
those terms or other comparable terminology. Assumptions upon which
such forward looking information regarding completion of the
Transaction is based include that each party will be able to
satisfy the conditions to the Transaction, that the required
approvals will be obtained from the Securityholders of
PetroMagdalena, that all third party regulatory and governmental
approvals to the Transaction will be obtained and all other
conditions to completion of the Transaction will be satisfied or
waived. Although PetroMagdalena believes that the forward-looking
information contained in this news release is based on reasonable
assumptions, readers cannot be assured that actual results will be
consistent with such statements. Accordingly, readers are cautioned
against placing undue reliance on forward-looking information.
PetroMagdalena expressly disclaims any intention or obligation to
update or revise any forward-looking information, whether as a
result of new information, events or otherwise, except in
accordance with applicable securities laws. Neither TSX Venture
Exchange nor its Regulation Services Provider (as that term is
defined in the policies of the TSX Venture Exchange) accepts
responsibility for the adequacy or accuracy of this news release.
PetroMagdalena Energy Corp. CONTACT: Mike DaviesChief Financial
Officer(416) 360-7915
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