International Royalty Corporation enters into arrangement agreement with Royal Gold, Inc.
19 December 2009 - 12:00AM
PR Newswire (US)
NYSE-A: ROY TSX: IRC DENVER, CO, Dec. 18 /PRNewswire-FirstCall/ --
International Royalty Corporation (TSX: IRC, NYSE-A:ROY) ("IRC")
today announced that it has entered into an arrangement agreement
with Royal Gold, Inc. (NASDAQ: RGLD; TSX:RGL) ("Royal Gold")
pursuant to which Royal Gold has agreed to acquire, directly or
indirectly, by way of a court-approved plan of arrangement (the
"Arrangement"), all of the issued and outstanding common shares of
IRC. Pursuant to the Arrangement, at the election of the IRC
shareholders, each common share of IRC will be exchanged for either
C$7.45 in cash or 0.1385 common shares of Royal Gold or a
combination thereof, subject to a maximum of US$350 million in cash
and a maximum of 7.75 million common shares of Royal Gold. If IRC
shareholders elect to receive more than approximately US$314
million in cash, the number of Royal Gold common shares issued will
be reduced on a pro-rated basis until such cash election reaches a
maximum of US$350 million. Assuming the maximum share election,
this offer consists of 0.0771 common shares of Royal Gold plus
US$3.12 in cash for each fully diluted share of IRC, implying 56%
stock consideration. Assuming the maximum cash election, this offer
consists of 0.0700 common shares of Royal Gold plus US$3.48 in cash
for each fully diluted share of IRC, implying 51% stock
consideration. IRC shareholders who are Canadian residents will
also have the option to elect 0.1385 exchangeable shares of a
wholly-owned Canadian subsidiary of Royal Gold in lieu of electing
Royal Gold common shares. Each exchangeable share can be redeemed
for one common share of Royal Gold at the election of the
shareholder. No more than 7,750,000 Royal Gold common shares and
exchangeable shares will be issued in the aggregate. The
Arrangement values IRC at approximately C$749(1) million. This
represents a premium of approximately 70% over IRC's 20-day
volume-weighted average trading price on the Toronto Stock Exchange
through December 4, 2009, the last trading day prior to the public
announcement by Franco-Nevada Corporation of its intention to make
an all-cash offer for IRC common shares. IRC's Founder, Chairman
and CEO, Douglas B. Silver, commented that "The transaction value
to our shareholders reflects the result of a rigorous bidding
process that began several weeks ago. Combining the assets of these
two great companies will build a giant mineral royalty company with
significant growth potential. It will offer investors a high degree
of exposure to precious metals, while also hosting many of the
world's youngest and longest-lived royalties. From a personal
standpoint, we have competed with Tony Jensen and his Royal Gold
team over the past five years, so we have first hand experience of
his strong leadership skills and his team's excellent
capabilities." A special committee of IRC's board of directors
comprised of five directors considered the Arrangement. The special
committee received the opinion of its financial advisor, Scotia
Capital Inc., that the consideration offered under the Arrangement
is fair to the shareholders of IRC, from a financial point of view.
Following the receipt of such opinion, the special committee
determined that the Royal Gold offer was a superior proposal, that
the Arrangement is fair to IRC's shareholders and is in the best
interests of IRC. The special committee recommended that the board
of directors of IRC approve the Arrangement and the IRC board of
directors, after receiving the recommendation of the special
committee and in consultation with its financial and legal
advisors, unanimously determined that (i) the Arrangement is fair
to IRC's shareholders and in the best interests of IRC, and (ii)
IRC shareholders should vote in favour of the Arrangement at the
special securityholders meeting to be held to approve the
Arrangement. The Arrangement is subject to, among other things, the
approval by 66 2/3% of the votes cast by IRC shareholders and
optionholders at a special meeting of IRC securityholders to be
held to approve the Arrangement. The Arrangement is also subject to
receipt of court and any necessary regulatory or exchange
approvals. The Arrangement is not subject to due diligence or a
financing condition and is not required to be approved by the
shareholders of Royal Gold. The Arrangement is expected to close in
February 2010. Officers and directors of IRC have entered into
lock-up and voting arrangements with Royal Gold under which they
have agreed to vote in favour of the Arrangement common shares of
IRC representing approximately 17.9% of IRC's fully diluted common
shares. Pursuant to the terms of the Arrangement, IRC is subject to
customary non-solicitation covenants. In the event a superior
proposal is made, Royal Gold has the right to match such proposal,
and in the event IRC's board of directors changes its
recommendation or terminates the Arrangement, IRC has agreed to pay
Royal Gold a termination fee of US$32 million. In certain other
circumstances where the transaction is not completed, IRC is
obligated to reimburse Royal Gold's expenses up to a maximum of
US$5 million. IRC's board of directors and special committee have
received financial advice from Scotia Capital Inc. and legal advice
from Fasken Martineau DuMoulin LLP and Perkins Coie LLP. IRC
securityholders and other interested parties are advised to read
the materials relating to the proposed Arrangement that will be
filed with or furnished to securities regulatory authorities in
Canada and the United States when they become available, as they
will contain important information. Anyone may obtain copies of
these documents when available free of charge under IRC's profile
on the System for Electronic Document Analysis and Retrieval at
http://www.sedar.com/ and from the United States Securities and
Exchange Commission at its website at http://www.sec.gov/. This
announcement is for informational purposes only and does not
constitute an offer to purchase, a solicitation of an offer to sell
the shares of IRC or a solicitation of a proxy. (1) Based on Royal
Gold's share price and the currency exchange rate on December 14,
2009 Conference call IRC and Royal Gold will host a joint
conference call and webcast on December 18, 2009, at 9 a.m. MST (11
a.m. EST) to discuss this announcement. The conference call can be
accessed by dialing 1-800-603-2779 (United States and Canada) or +1
973-200-3960 (international), and the access code 47708536#. A live
webcast of the conference and the presentation can be accessed on
IRC's website at http://www.internationalroyalty.com/.
International Royalty Corporation IRC is a global mineral royalty
company. IRC holds 84 royalties including an effective 2.7% NSR on
the Voisey's Bay mine, a sliding scale NSR on the Chilean portion
of the Pascua-Lama project, a 1.5% NSR on the Las Cruces project
and a 1.5% NSR on approximately 3.0 million acres of gold lands in
Western Australia. IRC is senior listed on the Toronto Stock
Exchange (TSX:IRC) as well as the NYSE Amex (NYSE-A:ROY). On behalf
of the Board of Directors, INTERNATIONAL ROYALTY CORPORATION
Douglas B. Silver Chairman and CEO Cautionary Statement Regarding
Forward-Looking Statements Some of the statements contained in this
release are forward-looking statements. In certain cases,
forward-looking statements can be identified by the use of words or
phrases such as "plans", "expects", "anticipates", "is expected",
"budget", "scheduled", "estimates", "forecasts", "intends", or
"does not anticipate", or "believes" or variations of such words
and phrases, or state that certain actions, events or results
"may", "could", "would", "might" or "will" be taken, occur or be
achieved. Since forward-looking statements are not statements of
historical fact and address future events, conditions and
expectations, forward-looking statements inherently involve unknown
risks, uncertainties, assumptions and other factors well beyond
IRC's ability to control or predict, including, without limitation,
the risk that the Arrangement may not be completed or, if the
Arrangement is completed, uncertainties regarding the combination
of IRC and Royal Gold and the ability to realize growth
opportunities. Actual results and developments may differ
materially from those contemplated by such forward-looking
statements depending on certain factors. IRC's forward-looking
statements in this release are based on certain assumptions. Any
forward-looking statements included in this release represent IRC's
views as of the date of this release. While IRC anticipates that
subsequent events and developments may cause IRC's views to change,
IRC specifically disclaims any obligation to update these
forward-looking statements unless required by law. These
forward-looking statements should not be relied upon as
representing IRC's views as of any date subsequent to the date of
this release. Accordingly, readers should not place undue reliance
on any forward-looking statements. DATASOURCE: INTERNATIONAL
ROYALTY CORPORATION CONTACT: Jack Perkins, Director of Investor
Relations, (303) 991-9500; Douglas B. Silver, Chairman and CEO,
(303) 799-9020; ; http://www.internationalroyalty.com/; Renmark
Financial Communications Inc.: Barbara Komorowski, , (514)
939-3989, Fax: (514) 939-3717; http://www.renmarkfinancial.com/
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