Prospect Acquisition Corp. Announces Entry Into an Agreement With Victory Park and Entry Into Stock Purchase Agreements With Cre
November 12 2009 - 1:10PM
PR Newswire (US)
NAPLES, Fla., Nov. 12 /PRNewswire-FirstCall/ -- Prospect
Acquisition Corp. (AMEX:PAX) (the "Company" or "Prospect")
announced today that it has entered into an agreement with Victory
Park, a stock purchase agreement with Credit Suisse, a stock
purchase agreement with Nisswa Acquisition Master Fund, and a share
purchase agreement with Milton Arbitrage Partners. Agreement with
Victory Park Prospect has entered into an agreement (the "Victory
Agreement"), dated November 11, 2009, with Victory Park Capital
Advisors, LLC ("Victory Park"), pursuant to which funds managed by
Victory Park or other purchasers acceptable to Victory Park and
Prospect may purchase up to an aggregate of 7,591,093 shares of
Prospect's common stock from third parties prior to Prospect's
special meeting of stockholders. Victory Park is not an affiliate
of Prospect, its officers and directors and/or their respective
affiliates, or Kennedy-Wilson, or its officers and directors and/or
their respective affiliates. It is anticipated that Victory Park
will effect purchases of Prospect common stock through independent,
privately negotiated transactions with third parties who are
institutions or other sophisticated investors that have voted
against or indicated an intention to vote against the Merger (as
defined herein) and the Agreement and Plan of Merger (the "Merger
Agreement") by and among Prospect, KW Merger Sub Corp., a
wholly-owned subsidiary of Prospect ("Merger Sub") and
Kennedy-Wilson, Inc. ("Kennedy-Wilson"), pursuant to which Merger
Sub will merge (the "Merger") with and into Kennedy-Wilson, with
Kennedy-Wilson continuing as the surviving corporation and a
wholly-owned subsidiary of Prospect. The purchase price for shares
purchased pursuant to the Victory Agreement could exceed the market
price by up to $0.04 per share. Pursuant to the Victory Agreement,
Prospect will pay Victory Park a fee of 1.0% of the total purchase
price of all shares of Prospect's common stock purchased by Victory
Park from third parties. In connection with each purchase of common
stock by Victory Park pursuant to the Victory Agreement, Victory
Park and Prospect will enter into a stock purchase agreement (each,
a "Victory Purchase Agreement"), pursuant to which Prospect will
agree to purchase such common stock from Victory Park at a price
equal to the aggregate purchase price paid by Victory Park for such
shares plus the 1.0% fee described above. No funds other than those
payable to Victory Park may be released from the trust account
containing the net proceeds of Prospect's initial public offering
following the consummation of the Merger until Prospect has paid
Victory Park pursuant to the Victory Purchase Agreements in full
except to converting stockholders. Such purchases, if made, would
increase the likelihood that holders of a majority of shares of
Prospect's common stock will vote in favor of the Merger and the
Merger Agreement and that holders of less than 30% of Prospect's
common stock will vote against the Merger and the Merger Agreement
and seek conversion of their Prospect common stock into cash in
accordance with Prospect's amended and restated charter. Agreement
with Credit Suisse Prospect also announced that it has entered into
a Stock Purchase Agreement, dated November 12, 2009, with Credit
Suisse Securities (USA) LLC ("Credit Suisse") to purchase an
aggregate of 497,100 shares of Prospect common stock for a purchase
price of $9.908 per share (the "Credit Suisse Purchase Agreement").
Credit Suisse is not an affiliate of Prospect, its officers and
directors and/or their respective affiliates, or Kennedy-Wilson, or
its officers and directors and/or their respective affiliates.
Pursuant to the Credit Suisse Purchase Agreement, Credit Suisse has
agreed not to exercise its conversion rights and to grant a proxy
to vote its Prospect common stock in favor of each of the proposals
to be presented at Prospect's special meeting of stockholders,
which proposals are set forth in Prospect's Proxy
Statement/Prospectus. The purchase of shares of Prospect common
stock under the Credit Suisse Purchase Agreement may increase the
likelihood that holders of a majority of shares of Prospect's
common stock will vote in favor of the Merger and the Merger
Agreement and that holders of less than 30% of Prospect common
stock will vote against the Merger and the Merger Agreement and
seek conversion of their common stock into cash in accordance with
Prospect's amended and restated charter. The purchase of common
stock pursuant to the Credit Suisse Purchase Agreement will take
place concurrently with or following the closing of the Merger and
will be paid for with funds that will be released from Prospect's
trust account upon consummation of the Merger. Agreement with
Nisswa Acquisition Master Fund Prospect announced that it has
entered into a Stock Purchase Agreement, dated November 11, 2009,
with Nisswa Acquisition Master Fund, Ltd. ("Nisswa") to purchase up
to a maximum of 650,000 shares of Prospect common stock for a
purchase price of $9.95 per share (the "Nisswa Purchase
Agreement"). Nisswa is not an affiliate of Prospect, its officers
and directors and/or their respective affiliates, or
Kennedy-Wilson, or its officers and directors and/or their
respective affiliates. Pursuant to the Nisswa Purchase Agreement,
Nisswa has agreed not to exercise its conversion rights or, if it
has already exercised its conversion rights, to withdraw and revoke
such exercise. The purchase of shares of Prospect common stock
under the Nisswa Purchase Agreement may increase the likelihood
that holders of less than 30% of Prospect common stock will seek
conversion of their common stock into cash in accordance with
Prospect's amended and restated charter. The purchase of common
stock pursuant to the Nisswa Purchase Agreement will take place
concurrently with or following the closing of the Merger and will
be paid for with funds that will be released from Prospect's trust
account upon consummation of the Merger. Agreement with Milton
Arbitrage Partners Prospect also announced that it has entered into
a Share Purchase Agreement, dated November 12, 2009, with Milton
Arbitrage Partners, LLC ("Milton Partners") to purchase an
aggregate of 832,900 shares of Prospect common stock for a purchase
price of $9.95 per share (the "Milton Partners Purchase
Agreement"). Milton Partners is not an affiliate of Prospect, its
officers and directors and/or their respective affiliates, or
Kennedy-Wilson, or its officers and directors and/or their
respective affiliates. Pursuant to the Milton Partners Purchase
Agreement, Milton Partners has agreed not to exercise its
conversion rights and to grant a proxy to vote its Prospect common
stock in favor of each of the proposals to be presented at
Prospect's special meeting of stockholders, which proposals are set
forth in Prospect's Proxy Statement/Prospectus. The purchase of
shares of Prospect common stock under the Milton Partners Purchase
Agreement may increase the likelihood that holders of a majority of
shares of Prospect's common stock will vote in favor of the Merger
and the Merger Agreement and that holders of less than 30% of
Prospect common stock will vote against the Merger and the Merger
Agreement and seek conversion of their common stock into cash in
accordance with Prospect's amended and restated charter. The
purchase of common stock pursuant to the Milton Partners Purchase
Agreement will take place concurrently with or following the
closing of the Merger and will be paid for with funds that will be
released from Prospect's trust account upon consummation of the
Merger. About Prospect Acquisition Corp. Prospect is a blank check
company formed for the purpose of acquiring, or acquiring control
of, through a merger, capital stock exchange, asset acquisition,
stock purchase, reorganization or similar business combination, one
or more businesses or assets, which it refers to as its initial
business combination, in the financial services industry, which
includes investment management firms. Where to Find Additional
Information Prospect has filed with the SEC a Registration
Statement on Form S-4, declared effective by the SEC on October 28,
2009, which contains a prospectus relating to the securities
Prospect intends to issue in the proposed merger, and a definitive
proxy statement in connection with the proposed merger and has
mailed the definitive proxy statement and other relevant documents
to Prospect stockholders. Stockholders of Prospect and other
interested persons are advised to read Prospect's definitive proxy
statement in connection with Prospect's solicitation of proxies for
the special meeting to be held to approve the merger because it
contains important information about Kennedy-Wilson, Prospect and
the proposed merger. Stockholders may obtain a copy of the
definitive proxy statement, without charge, at the SEC's Internet
site at http://www.sec.gov/ or by directing a request to: Prospect
Acquisition Corp., 9130 Galleria Court, Suite 318, Naples, FL
34109, telephone (239) 254-4481. Cautionary Statements Regarding
Forward-Looking Statements Certain statements in this press release
regarding the intention to vote on the proposals presented at the
special meeting of Prospect stockholders, the expectation around
sellers exercising conversion rights, the proposed merger between
Prospect and Kennedy Wilson, and any other statements relating to
future results, strategy and plans of Kennedy Wilson and Prospect
(including certain projections and business trends, and statements
which may be identified by the use of the words "may", "intend",
"expect" and like words) constitute "forward-looking statements" as
defined in the Private Securities Litigation Reform Act of 1995.
Actual results may differ materially from those projected as a
result of certain risks and uncertainties. For Kennedy Wilson,
these risks and uncertainties include, but are not limited to its
revenues and operating performance, general economic conditions,
industry trends, legislation or regulatory requirements affecting
the business in which it is engaged, management of growth, its
business strategy and plans, fluctuations in customer demand, the
result of future financing efforts and its dependence on key
personnel. For Prospect, factors include, but are not limited to:
the successful combination of Prospect with Kennedy Wilson's
business, the ability to retain key personnel and the ability to
achieve stockholder and regulatory approvals and to successfully
close the transaction. Additional information on these and other
factors that may cause actual results and Prospect's performance to
differ materially is included in Prospect's periodic reports filed
with the SEC, including but not limited to Prospect's Form 10-K for
the year ended December 31, 2008 and subsequent Forms 10-Q and
Prospect's Registration Statement on Form S-4, which includes
Prospect's definitive proxy statement/prospectus. Copies may be
obtained by contacting Prospect or the SEC. Prospect cautions
readers not to place undue reliance upon any forward-looking
statements, which speak only as of the date made. These
forward-looking statements are made only as of the date hereof, and
Prospect undertakes no obligations to update or revise the
forward-looking statements, whether as a result of new information,
future events or otherwise, except as required by law. DATASOURCE:
Prospect Acquisition Corp. CONTACT: Prospect Acquisition Corp.,
James J. Cahill, Chief Financial Officer, +1-239-254-4481 Web Site:
http://www.prospectac.com/
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