As previously announced, Amkor has not yet filed with the SEC its Quarterly Report on Form 10-Q for the quarter ended June 30, 2006. Holders of each series of notes are referred to the Company's Consent Solicitation Statement dated September 14, 2006 and the related Letter of Consent for that particular series of notes, which are being mailed to each holder, for the detailed terms and conditions of the consent solicitation.
The consent solicitations for each series of notes will expire at 5:00 p.m., New York City time, on September 29, 2006, unless extended or earlier terminated for a particular series of notes. Holders may deliver their consents to the Tabulation Agent at any time before the expiration date.
For each particular series of notes (whether or not Amkor has filed the SEC Reports required to be filed by Amkor with the SEC on or prior to the effective date for a particular series of notes), if consents from holders of a majority in aggregate principal amount of notes of that particular series (the "Requisite Consents") are received prior to the expiration date of the consent solicitation for that particular series of notes and are not revoked prior to the effective date of the proposed waivers for that particular series of notes, each consenting holder for such series of notes will receive an initial consent fee in cash equal to that consenting holder's pro rata share of the dollar amount set forth in the table below under the caption "Initial Consent Fee" opposite the title of that particular series of notes. If the proposed waivers have become effective for a particular series of notes and, in addition, Amkor has not filed the SEC Reports required to be filed by Amkor with the SEC on or prior to such effective date and the proposed waivers for each other series of notes have become effective, each consenting holder for that particular series of notes will receive an additional consent fee in cash equal to that consenting holder's pro rata share of the dollar amount set forth in the table below under the caption "Additional Consent Fee" opposite the title of that particular series of notes. In addition, if Amkor has not filed the SEC Reports required to be filed by Amkor with the SEC on or prior to December 31, 2006 (February 28, 2007 in the case of the waiver of any NASDAQ delisting consequences), it may elect to extend the waiver expiration date to March 31, 2007 (May 30, 2007 in the case of the waiver of any NASDAQ delisting consequences) and pay each consenting holder an additional consent fee in cash equal to that consenting holder's pro rata share of the dollar amount set forth in the table below under the caption "Extension Consent Fee" opposite the title of that particular series of notes.
Principal Initial Additional
Amount Consent Consent Extension
Title of Securities Outstanding Fee Fee Consent Fee
----------------------- ------------- --------- ---------- -----------
9.25% Senior Notes due
2016 $400,000,000 $400,000 $600,000 $1,000,000
7 1/8% Senior Notes due
2011 250,000,000 250,000 375,000 625,000
7.75% Senior Notes due
2013 425,000,000 425,000 637,500 1,062,500
9.25% Senior Notes due
2008 88,206,000 88,206 132,309 220,515
10.5% Senior
Subordinated Notes due
2009 21,882,000 21,882 32,823 54,705
5% Convertible
Subordinated Notes due
2007 142,422,000 142,422 213,633 356,055
2.50% Convertible
Subordinated Notes due
2011 190,000,000 190,000 285,000 475,000
The record date for determining the holders who are entitled to consent is August 15, 2006. The proposed waiver for a particular series of notes shall become effective for a particular series of notes upon receipt by the applicable trustee of an officers' certificate from Amkor that the Requisite Consents have been received (and not revoked) and have been accepted for payment by Amkor.
The Company has retained Global Bondholder Services Corporation to serve as its Information Agent and Tabulation Agent for the consent solicitation. Requests for documents should be directed to Global Bondholder Services at (866) 470-3800 or (212) 430-3774. The Company has also retained Jefferies & Company, Inc. to serve as Solicitation Agent for the consent solicitation. Questions concerning the terms of the consent solicitation should be directed to Jefferies & Company, Inc. at (888) 272-1901 (U.S. Toll-Free) or (917) 421-1901.
This announcement is not an offer to purchase or sell, a solicitation of an offer to purchase or sell, or a solicitation of consents with respect to any securities. The solicitations are being made solely pursuant to Amkor's Consent Solicitation Statement dated September 14, 2006 and the related Letter of Consent.
About Amkor
Amkor is a leading provider of advanced semiconductor assembly and test services. The company offers semiconductor companies and electronics OEMs a complete set of microelectronic design and manufacturing services. More information on Amkor is available from the company's SEC filings and on Amkor's web site: www.amkor.com.
Forward-Looking Statement Disclaimer
This press release contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 that involve risks and uncertainties. There can be no assurances that forward-looking statements will be achieved, and actual results could differ materially from those suggested by the forward-looking statements. Important factors that could cause actual results to differ materially include: the results and findings of the review being conducted by the Special Committee; the impact, if any, of such results or findings on the financial statements of the Company; restatement of the Company's financial statements; the amount or materiality of any additional compensation expense; the Company's ability to file required reports with the SEC on a timely basis; the Company's ability to meet the requirements of the Nasdaq Stock Market for continued listing of the Company's shares; the expenses related to the Special Committee's review and restatement of the Company's financial statements; and risks of litigation and governmental or other regulatory inquiry or proceedings arising out of or related to the Company's historical stock option practices. Therefore, any forward-looking statements in this press release should be considered in light of various important factors, including the risks and uncertainties listed above, as well as others. The Company makes no commitment to revise or update any forward-looking statements in order to reflect events or circumstances after the date any such statement is made.
1 | 2 Next Page »
