Peet's Coffee & Tea Extends Exchange Offer for Acquisition of Diedrich Coffee
05 April 2010 - 10:00PM
Business Wire
Peet's Coffee & Tea, Inc. (NASDAQ: PEET) announced today
that it has extended the expiration date of its exchange offer to
acquire Diedrich Coffee, Inc. (NASDAQ: DDRX) for a combination of
cash and stock valued at $26.00 per share. The exchange offer,
which commenced on November 17, 2009, is now scheduled to expire at
12:00 midnight (one minute after 11:59 p.m.), Eastern Time, on
Friday, May 7, 2010 unless extended. The exchange offer was
previously scheduled to expire at 12:00 midnight (one minute after
11:59 p.m.), Eastern Time, on Friday, April 2, 2010.
Except for the extension of the exchange offer expiration date,
all other terms and conditions of the offer remain unchanged. As of
the close of business on Friday, April 2, 2010, approximately
12,601 shares of Diedrich common stock had been tendered into and
not withdrawn from the offer.
Cooley Godward Kronish LLP is acting as Peet's legal advisor;
Simpson Thacher & Bartlett LLP is acting as legal advisor on
antitrust matters. Morgan Stanley and Jesse Capital Management are
serving as financial advisors.
Additional Information and
Where to Find It
This press release is neither an offer to purchase nor a
solicitation of an offer to sell shares of Diedrich. Peet's has
filed a registration statement on Form S-4 (containing a
prospectus/offer to purchase and certain other offer documents) and
a tender offer statement on Schedule TO with the SEC and Diedrich
has filed a solicitation/recommendation statement on Schedule
14D-9, all with respect to the Offer and the Merger (as defined in
those documents). Diedrich stockholders are urged to read Peet's
prospectus/offer to purchase and the other offer documents
contained in the registration statement, and Diedrich's
solicitation/recommendation statement, because they contain
important information that stockholders should consider before
making any decision regarding tendering their shares. The
registration statement (including the prospectus/offer to purchase
and the other offer documents contained therein), the tender offer
statement and the solicitation/recommendation statement contain
important information, which should be read carefully before any
decision is made with respect to the Offer. The registration
statement (including the prospectus/offer to purchase and certain
other offer documents contained therein), as well as the tender
offer statement and the solicitation/recommendation statement, are
available to all stockholders of Diedrich at no expense to them.
The registration statement (including the prospectus/offer to
purchase and other offer documents), the tender offer statement and
the solicitation/recommendation statement are available for free at
the SEC's web site at www.sec.gov. Free copies of the prospectus
and offer to purchase (and other offer documents) are also
available from Peet's by mail to Peet's Coffee & Tea, Inc.,
1400 Park Avenue, Emeryville, CA 94608, attention: Investor
Relations. In addition, the prospectus/offer to purchase (and other
offer documents) may also be obtained free of charge by directing a
request to the Information Agent for the offer, Laurel Hill
Advisory Group, LLC, 100 Wall Street, 22nd floor, New York, NY
10005 at 1-888-742-1305 (toll free). Continental Transfer &
Trust Company is acting as depositary for the tender offer.
In addition to the foregoing materials filed with the SEC,
Peet's and Diedrich file annual, quarterly and special reports,
proxy statements and other information with the SEC. Investors may
read and copy any reports, statements or other information filed by
Peet's or Diedrich at the SEC public reference room at 100 F
Street, N.E., Washington, D.C. 20549. Please call the SEC at
1-800-SEC-0330 for further information on the public reference
room. Peet's and Diedrich's filings with the SEC are also available
to the public from commercial document-retrieval services and at
the website maintained by the SEC at www.sec.gov.
Interests of Certain Persons
in the Transaction
Peet's will be, and certain other persons may be, soliciting
Diedrich stockholders to tender their shares into the exchange
offer. The directors and executive officers of Peet's and the
directors and executive officers of Diedrich may be deemed to be
participants in Peet's solicitation of Diedrich's stockholders to
tender their shares into the exchange offer.
Stockholders may obtain more detailed information regarding the
names, affiliations and interests of the directors and officers of
Peet's and Diedrich in the exchange offer by reading the
prospectus/offer to purchase and certain other offer documents, as
well as the solicitation/recommendation statement.
About Peet's Coffee & Tea,
Inc.
Peet's Coffee & Tea, Inc., (NASDAQ: PEET), is the premier
specialty coffee and tea company in the United States. Founded in
1966 in Berkeley, California by Alfred Peet, an early tea authority
who became widely recognized as the grandfather of specialty coffee
in the U.S., Peet's offers superior quality coffees and teas in
multiple forms, by sourcing the best quality coffee beans and tea
leaves in the world, adhering to strict high quality and taste
standards, and controlling product quality though its unique direct
store delivery selling and merchandising system. Peet's is
committed to strategically growing its business through many
channels while maintaining the extraordinary quality of its coffees
and teas. For more information about Peet's Coffee & Tea, Inc.
visit www.peets.com.
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