Neuberger Berman Real Estate Income Fund Inc. Settles Litigation with Lola Brown Trust
18 August 2007 - 6:34AM
Business Wire
Neuberger Berman Real Estate Income Fund Inc. (NYSE: NRL) announced
today that it has entered into a settlement agreement with the Lola
Brown Trust No.�1B (the "Trust") that fully resolves their ongoing
litigation over the Trust's existing tender offer. As part of the
settlement, the Trust amended its existing tender offer in a manner
that is acceptable to the NRL Board of Directors. Such a revised
tender offer includes the following material improvements: (1)�the
Trust is offering to purchase in the tender offer all shares of NRL
common stock that it does not already own, subject to certain
conditions to be stated in the offer, including a minimum condition
that after consummation of the tender offer the Trust would own a
majority of the outstanding NRL shares and (2)�the purchase price
per share of NRL common stock is changed to 99.0% of NRL's net
asset value ("NAV") as determined at the close of trading on the
NYSE as of the expiration date of the Trust's revised tender offer.
NRL believes that tendering common stockholders would receive
payment for their shares of NRL common stock more quickly under the
Trust's revised tender offer than pursuant to a liquidation and
distribution of NRL's assets. Accordingly, the settlement provides
that NRL's takeover defenses will not apply to the revised tender
offer. NRL notes, however, that the revised offer is subject to a
number of conditions and urges each common stockholder of NRL to
read the tender offer statement filed by the Trust today with the
Securities and Exchange Commission. NRL intends to hold its special
stockholders' meeting as previously announced on Tuesday,
August�28,�2007 at 11:00�a.m. at 605�Third Avenue, New York, NY
10158. However, in accordance with the settlement, NRL intends to
postpone until September�27,�2007 any vote at the special
stockholders' meeting on the proposal to liquidate NRL's assets and
distribute the net proceeds to its stockholders. If the Trust's
revised tender offer closes before the postponed liquidation vote,
NRL would expect to withdraw the proposal to vote on liquidation.
Conversely, if the tender offer has not closed before the postponed
liquidation vote, the liquidation vote would be conducted on
September�27,�2007 and the Trust would vote its shares of NRL
common stock in favor of the liquidation proposal. The record date
for determining stockholders entitled to vote at the meeting on
August�28,�2007 and, if necessary, at any adjourned meeting on
September�27,�2007, remains May�30,�2007. Forward-Looking
Statements Statements made in this release that look forward in
time involve risks and uncertainties and are forward-looking
statements within the meaning of the Private Securities Litigation
Reform Act of 1995. Such risks and uncertainties include, without
limitation, the adverse effect from a decline in the securities
markets or a decline in NRL's performance, a general downturn in
the economy, competition from other funds, changes in government
policy or regulation, inability of NRL's investment advisor to
attract or retain key employees, inability of NRL's investment
advisor to implement its investment strategy, inability of NRL to
manage unforeseen costs and other effects related to legal
proceedings or investigations of governmental and self-regulatory
organizations.
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