MARK IV, LLC ANNOUNCES CLOSING OF €200 MILLION NOTE OFFERING
December 13, 2010 – MARK IV, LLC (“MARK IV”) today announced the closing of its private offering of €200 million aggregate principal amount of senior secured notes due 2017 (the "Notes"). The Notes bear interest of 8.875% per annum and were sold at par. The Notes were issued by two newly formed finance subsidiaries, and are guaranteed by Mark IV and certain of its U.S., Canadian and European subsidiaries, and the Notes and guarantees are secured by certain of Mark IV's assets in the United States, Canada and Europe. The proceeds from the offering of the Notes were used to repay in full amounts outstanding under Mark IV's Exit Term Loan Facility and its Restructured Term Loan Facility.
The securities mentioned herein have not been, and will not be, registered under the United States Securities Act of 1933 (the “Securities Act”), and may not be offered or sold in the United States absent registration or an applicable exemption from, or in a transaction not subject to, the registration requirements of the Securities Act.
This press release shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the notes in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction..
In member states of the European Economic Area which have implemented the Prospectus Directive (each, a “relevant member state”), this press release and any offer when made are only addressed to, and only directed at, persons who are “qualified investors” within the meaning of Article 2(1)(e) of the Prospectus Directive (Directive 2003/71/EC) (“Qualified Investors”).
In the United Kingdom, this document is being distributed only to, and is directed only at, Qualified Investors (i) who have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Order”) or (ii) who fall within Article 49(2)(a) to (d) of the Order, and (iii) to whom it may otherwise lawfully be communicated (all such persons together being referred to as “relevant persons”). Any investment activity to which this document relates is available only to, and will be engaged in only with, relevant persons. This document must not be acted on or relied on (i) in the United Kingdom, by persons who are not relevant persons, and (ii) in any member state of the European Economic Area other than the United Kingdom, by persons who are not Qualified Investors.