Peru Copper announces friendly C$6.60 per share cash offer by Aluminum Corporation of China and concurrent C$70 million private
11 June 2007 - 10:00PM
PR Newswire (US)
VANCOUVER, June 11 /PRNewswire-FirstCall/ -- Peru Copper Inc.
(TSX:PCR/AMEX:CUP/BVL:CUP) ("Peru Copper" or the "Company")
announced today that it has entered into a definitive agreement
(the "Support Agreement") pursuant to which Aluminum Corporation of
China ("Chinalco"), a diversified metals and mining company based
in Beijing, China, has agreed, subject to the terms of the Support
Agreement, to make an offer to acquire all the outstanding Peru
Copper shares by way of a friendly take-over bid (the "Offer") for
C$6.60 per share in cash, valuing the Company at approximately
C$840 million. The Offer represents a premium of 21% to Peru
Copper's 20-day volume weighted average trading price of $5.45 on
the Toronto Stock Exchange (the "TSX") ending on May 23, 2007, the
last trading prior to the date on which the Company announced it
had entered into an exclusivity agreement. The acquisition of the
Peru Copper shares will be financed through Chinalco's cash on
hand. Highlights: - Cash Offer for all shares at C$6.60 per share -
Premium of 21% to 20-day volume weighted average price ending May
23, 2007 - C$840 million aggregate purchase price for the
outstanding shares - Unanimous recommendation of the Peru Copper
Board of Directors - Lock-ups representing approximately 34% of the
outstanding Peru Copper shares - $21 million non-completion fee and
right to match - Concurrent C$70 million private placement of
approximately 13.2 million Peru Copper shares to Chinalco In order
to ensure that Peru Copper has adequate funds to advance the
Toromocho Project in the near term, Chinalco has also agreed to
invest C$70 million by subscribing for 13.2 million Peru Copper
shares at a price of C$5.30 per share, representing an issue
discount of 2.75% to Peru Copper's 20-day volume weighted average
trading price of C$5.45 on the TSX ending on May 23, 2007.
Following completion of the private placement, Chinalco will own
approximately 9.9% of the then outstanding Peru Copper shares.
Chinalco's subscription is not conditional on the successful
completion of the Offer. The private placement is subject to the
approval of the TSX and the American Stock Exchange and is expected
to close within the next two weeks. The Support Agreement provides
for, among other things, customary board support and
non-solicitation covenants (subject to customary "fiduciary out"
provisions that entitle Peru Copper to consider and accept a
superior proposal), a five business day right to match in favour of
Chinalco and the payment to Chinalco of a non-completion fee of
C$21 million if the acquisition is not completed in certain
specified circumstances. In connection with the Offer, all of the
directors and certain other shareholders representing approximately
34% of the outstanding Peru Copper shares (calculated on a
fully-diluted basis) have entered into lock-up agreements with
Chinalco pursuant to which they have agreed to, among other things,
tender all their Peru Copper shares to the Offer. The Peru Copper
Board of Directors, after receiving the recommendation of its
special committee and consulting with its financial and legal
advisors, has unanimously determined that the Offer is fair and in
the best interest of the Peru Copper shareholders and to recommend
acceptance of the Offer. UBS Investment Bank, the financial advisor
to the Peru Copper Board of Directors, has provided an opinion that
the Offer is fair, from a financial point of view, to the Peru
Copper shareholders. Canaccord Capital Corporation, acting as
financial advisor to the Special Committee of the Peru Copper Board
of Directors, has also provided an opinion that the Offer is fair,
from a financial point of view, to the Peru Copper shareholders. J.
David Lowell, Chairman of Peru Copper, commented, "Since November
2005, Peru Copper has been conducting a strategic review of the
options available to the Company to maximize the value of the
Toromocho Project. Having assessed all options available to the
Company, we have concluded that Chinalco's offer is the best option
available to our shareholders and to the Company. We are delighted
that a company of the financial and technical strength of Chinalco
is going to take the Toromocho Project to the next stage of its
development." Mr. Yaqing Xiao, President of Chinalco, said, "The
founders, management and employees of Peru Copper have done an
exceptional job of identifying the resource potential of the
Toromocho Project and of advancing the project towards the
definitive feasibility stage. We are extremely excited by the
prospect of working with the existing employees of Peru Copper, and
the government and people of Peru to realize the full potential of
this world-class mining project." Mr. Yaqing Xiao went on to say,
"This is an important step in our strategic growth outside China
and will provide us with an opportunity to leverage the strength of
our balance sheet and our extensive project development expertise
to advance the Toromocho Project. We look forward to identifying
further investment opportunities in Peru and around the world."
Formal documentation relating to the take-over bid is expected to
be mailed by Chinalco in mid to late June 2007. The Offer will be
open for acceptance for a period of not less than 35 days and will
be conditional upon, among other things, valid acceptances of the
Offer by Peru Copper shareholders owning not less than 66 2/3% of
the outstanding Peru Copper shares (calculated on a fully-diluted
basis). In addition, the Offer will be subject to certain customary
conditions, relevant regulatory approvals and the absence of any
material adverse change with respect to Peru Copper. Chinalco may
waive the conditions of the Offer in certain circumstances. The
obligation of Chinalco to take up and pay for shares pursuant to
the Offer is also subject to the receipt of certain Chinese
Government approvals. If its offer is successful, Chinalco has
agreed to take steps available to it under relevant securities laws
to acquire any remaining outstanding Peru Copper shares. UBS
Investment Bank is acting as financial advisor to Peru Copper and
Cassels, Brock & Blackwell LLP is acting as legal counsel to
Peru Copper. BMO Capital Markets is acting as financial advisor to
Chinalco and McCarthy Tetrault LLP is acting as legal counsel to
Chinalco. North American Investment Market Call A conference call
with senior management of Peru Copper for the North American
investment community has been scheduled for Monday, June 11, 2007
at 10:00am Vancouver time/1:00pm Toronto time. Members of the
investment community may participate by dialing 1-800-733-7571
within North America and 1-416-644-3414 outside of North America.
The call will be available for replay until Monday, June 25, 2007
by calling 1-416-640-1917 or 1-877-289-8525 and entering the pass
code 21236239 followed by the number sign. About Peru Copper Inc.
Peru Copper is involved in the acquisition and exploration of
potentially mineable deposits of copper in Peru. On June 11, 2003,
Peru Copper entered into the Toromocho Option Agreement ("Toromocho
Option") with Empresa Minera del Centro del Peru S.A.
("Centromin"), a Peruvian state-owned mining company, whereby
Centromin granted the Company the option to acquire its interest in
the mining concessions and related assets of the Toromocho Project.
About Aluminum Corporation of China Chinalco is the largest
diversified metals and mining company in China. Chinalco is focused
on the Chinese and international aluminum markets but also engages
in resource exploration and down stream operations in the fields of
aluminum, copper, rare metals and other non-ferrous metals.
Chinaclo's largest asset is a 40.46% stake in Chalco, the largest
producer of primary aluminum in China. Chalco is the second largest
refiner of alumina and among the largest producers of primary
aluminum in the world. Chalco produced 3.0 million tons of aluminum
and 9.2 million tons of alumina in 2006. Chalco's shares trade on
stock exchanges in New York, Hong Kong and Shanghai. The market
value of Chalco's shares is approximately US$32 billion, making it
one of China's largest publicly traded companies. PERU COPPER
STOCKHOLDERS ARE ADVISED TO READ PERU COPPER'S
SOLICITATION/RECOMMENDATION STATEMENT ON SCHEDULE 14D-9 WHEN IT IS
AVAILABLE BECAUSE IT WILL CONTAIN IMPORTANT INFORMATION. THE
SOLICITATION/RECOMMENDATION STATEMENT WILL BE MADE AVAILABLE TO
SHAREHOLDERS OF PERU COPPER AT NO EXPENSE TO THEM. THE SCHEDULE
14D-9 AND OTHER FILED DOCUMENTS WILL ALSO BE AVAILABLE WITHOUT
CHARGE AT THE SECURITIES AND EXCHANGE COMMISSION'S WEBSITE AT
WWW.SEC.GOV. THIS PRESS RELEASE IS NEITHER AN OFFER TO PURCHASE NOR
A SOLICITATION OF AN OFFER TO SELL SECURITIES OF PERU COPPER. THE
TENDER OFFER WILL BE MADE SOLELY BY AN OFFER TO PURCHASE AND
RELATED LETTER OF TRANSMITTAL TO BE DISSEMINATED UPON THE
COMMENCEMENT OF THE TENDER OFFER. Cautionary Note to U.S. Investors
- The United States Securities and Exchange Commission permits U.S.
mining companies, in their filings with the SEC, to disclose only
those mineral deposits that a company can economically and legally
extract or produce. We use certain terms in this press release,
such as "mineral deposit", that the SEC guidelines strictly
prohibit U.S. registered companies from including in their filings
with the SEC. U.S. Investors are urged to consider closely the
disclosure in our Form F-3 Registration Statement, File #
333-121527, which may be secured from us, or from the SEC's website
at http://www.sec.gov/edgar.shtml. CAUTIONARY NOTE REGARDING
FORWARD LOOKING-STATEMENTS: This news release contains
"forward-looking statements" including, but not limited to,
statements with respect to the future price of copper and
molybdenum, the timing of exploration activities, the mine life of
the Toromocho Project, the economic viability and estimated
internal rate of return of the Toromocho Project, the estimation of
mineral reserves and mineral resources, the results of drilling,
estimated future capital and operating costs, future stripping
ratios, projected mineral recovery rates and Peru Copper's
commitment to, and plans for developing, the Toromocho Project.
Generally, these forward-looking statements can be identified by
the use of forward-looking terminology such as "plans", "expects"
or "does not expect", "is expected", "budget", "scheduled",
"estimates", "forecasts", "intends", "anticipates" or "does not
anticipate", or "believes", or variations of such words and phrases
or state that certain actions, events or results "may", "can",
"could", "would", "might" or "will be taken", "occur" or "be
achieved". Forward-looking statements are subject to known and
unknown risks, uncertainties and other factors that may cause the
actual results, level of activity, performance or achievements of
Peru Copper to be materially different from those expressed or
implied by such forward-looking statements, including but not
limited to: risks related to the exploration and potential
development of the Toromocho Project, risks related to
international operations, the actual results of current exploration
activities, conclusions of economic evaluations, changes in project
parameters as plans continue to be refined, future prices of
copper, silver, molybdenum and gold, as well as those factors
discussed in the section entitled "Risk Factors" in the Form F-3 as
on file with the Securities and Exchange Commission in Washington,
D.C. and in the section entitled "Narrative Description of the
Business -- Risks of the Business" in the Annual Information Form
of the Company dated March 28, 2007. Although Peru Copper has
attempted to identify important factors that could cause actual
results to differ materially from those contained in
forward-looking statements, there may be other factors that cause
results not to be as anticipated, estimated or intended. There can
be no assurance that such statements will prove to be accurate, as
actual results and future events could differ materially from those
anticipated in such statements. Accordingly, readers should not
place undue reliance on forward-looking statements. Peru Copper
does not undertake to update any forward-looking statements that
are incorporated by reference herein, except in accordance with
applicable securities laws. CONTACT: Patrick De Witt, Director of
Investor Relations, at (604) 689-0234 or DATASOURCE: Peru Copper
Inc. CONTACT: Patrick De Witt, Director of Investor Relations, at
(604) 689-0234 or
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