The Steak n Shake Company and Western Sizzlin Corporation Announce Intent to Merge
13 August 2009 - 11:16PM
PR Newswire (US)
INDIANAPOLIS and ROANOKE, Va., Aug. 13 /PRNewswire-FirstCall/ --
The Steak n Shake Company ("SNS") (NYSE:SNS), and Western Sizzlin
Corporation ("Western") (NASDAQ:WEST), today jointly announced the
execution of a non-binding Letter of Intent relating to a proposed
merger of Western into a wholly-owned subsidiary of SNS. The Letter
of Intent was negotiated between special committees of the boards
of directors of both companies both of which were composed entirely
of independent directors. (Logo:
http://www.newscom.com/cgi-bin/prnh/20000606/STEAKLOGO ) The Letter
of Intent contemplates that on or prior to closing Western will
distribute to its stockholders all of the SNS shares beneficially
owned by Western. Further, under the terms of the Letter of Intent,
the consideration payable to Western's stockholders will be based
on a net transaction valuation of approximately $22,959,000.00. At
closing, each share of Western's common stock would be converted
into the right to receive an amount equal to approximately $8.11 in
the principal amount of debentures issued by SNS. It is anticipated
that the SNS debentures will have a term of five (5) years, will
bear interest at the rate of 14 percent per annum and will be
pre-payable without penalty at the option of SNS after one (1) year
from the date of issuance. The closing of the transaction is
subject to certain conditions, including negotiation and execution
of definitive documentation and the satisfactory completion of the
parties' due diligence. In addition to definitive documentation,
the consummation of a transaction would be subject to final
approval by the parties' boards of directors and approval by
Western's stockholders, and the satisfaction of any conditions to
closing set forth in the definitive documentation. There can be no
assurance that a merger will be consummated or, if consummated,
that the terms set forth in the definitive documentation will be
consistent with the current expectations of SNS and Western, as
contemplated by the terms of the letter of intent. ABOUT THE STEAK
N SHAKE COMPANY Steak n Shake is a holding company. Its primary
restaurant operation is conducted through Steak n Shake Operations
Inc. The Steak n Shake restaurant chain, founded in 1934, is a
classic American brand serving premium burgers and milkshakes
through its chain of 486 restaurants. ABOUT WESTERN SIZZLIN
CORPORATION Western Sizzlin Corporation is a holding company which
owns a number of subsidiaries, with its primary business activities
conducted through Western Sizzlin Franchise Corporation and Western
Sizzlin Stores, Inc, which franchise and operate restaurants. RISKS
ASSOCIATED WITH FORWARD-LOOKING STATEMENTS This news release
contains "forward-looking statements" within the meaning of the
Private Securities Litigation Reform Act of 1995 and other federal
securities laws and are intended to be covered by the safe harbors
created thereby. These statements are based on current expectations
and are subject to a number of risks and uncertainties that could
cause actual results to differ markedly from those projected or
discussed here. Steak n Shake and Western Sizzlin caution readers
not to place undue reliance upon any such forward-looking
statements, for actual results may differ materially from
expectations. Neither company undertakes to publicly update or
revise any forward-looking statements even if experience or future
changes make it clear that any projected results expressed or
implied will not be realized. Further information concerning the
types of factors that could impact the companies' businesses can be
found in their filings with the United States Securities and
Exchange Commission. ADDITIONAL INFORMATION CONCERNING THE
TRANSACTION If a definitive agreement is reached with respect to
the transaction outlined in the Letter of Intent, SNS plans to file
a registration statement with the SEC with respect to the
debentures and Western plans to file a proxy statement with the SEC
with respect to a special meeting of stockholders. Stockholders of
the companies are urged to read the registration statement and
proxy statement carefully when they become available because they
will contain important information about SNS, Western, the
transaction and related matters. Stockholders will be able to
obtain free copies of the registration statement and proxy
statement and other documents filed with the SEC through the SEC's
web site at http://www.sec.gov/. In addition, stockholders will be
able to obtain free copies of the registration statement and proxy
statement from SNS and Western, as applicable. PARTICIPANTS IN THE
SOLICITATION Western and its directors and officers may be deemed
to be participants in the solicitation of proxies to Western's
stockholders in connection with a proposed merger and related
transactions involving Western and SNS. A list of the names of
those directors and officers and a description of their interests
in Western is contained in Western's definitive proxy statement on
Schedule 14A with respect to its 2009 Annual Meeting of
Stockholders, which was filed with the SEC on July 15, 2009, and
will also be contained in Western's proxy statement relating to a
proposed merger when it becomes available. Western's stockholders
may obtain additional information about the direct and indirect
interests of the participants in the acquisition, by security
holdings or otherwise, by reading Western's proxy statement and
other materials to be filed with the SEC when such information
becomes available.
http://www.newscom.com/cgi-bin/prnh/20000606/STEAKLOGO
http://photoarchive.ap.org/ DATASOURCE: The Steak n Shake Company;
Western Sizzlin Corporation CONTACT: Robyn B. Mabe, Chief Financial
Officer, Western Sizzlin Corp., +1-540-345-3195; Duane Geiger,
Interim Chief Financial Officer, Steak n Shake, +1-317-633-4100 Web
Site: http://www.steaknshake.com/
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