Phelps Dodge Statement on Revised Xstrata Offer for Falconbridge and Atticus Capital Announcement
20 July 2006 - 7:27AM
PR Newswire (US)
PHOENIX, July 19 /PRNewswire-FirstCall/ -- Phelps Dodge Corp.
(NYSE:PD) today issued the following statement regarding Xstrata
plc's (LSE:XTA) revised offer for Falconbridge Ltd. (TSX, NYSE:
FAL) and today's announcement by Atticus Capital that it does not
support Phelps Dodge's proposed acquisition of Inco Ltd.: J. Steven
Whisler, chairman and chief executive officer of Phelps Dodge,
said: "We believe Inco's bid for Falconbridge, which we fully
support, represents the most compelling offer for Falconbridge.
This is the only proposal that allows Falconbridge shareholders to
participate in the enormous synergies and upside available only by
combining these three companies. This is the best and final
proposal for Falconbridge that we will support. It is time for
Falconbridge shareholders to decide what is truly in their best
interests. "Today's announcement by hedge fund Atticus Capital
opposing our proposed transactions does not surprise us at all. In
our planning for these transactions, we always assumed this would
be their position. "Atticus has consistently recommended short-term
strategies based on their own objectives. Our board of directors,
which has carefully considered all of Atticus' suggestions, has
concluded unanimously that our agreement with Inco is a superior
path to creating shareholder value in both the long run and the
short term. The transactions we have proposed will be substantially
and immediately accretive to cash flow, and the new Phelps Dodge
Inco will be well positioned for the future. Fortunately, from the
many conversations we have had with our shareholders in recent
weeks, we are confident that most Phelps Dodge shareholders have
come to see the compelling benefits of these transactions." Phelps
Dodge is one of the world's leading producers of copper and
molybdenum and is the largest producer of molybdenum-based
chemicals and continuous-cast copper rod. The company employs
13,500 people worldwide. Cautionary Language Concerning
Forward-Looking Statements These materials include "forward-looking
statements" (as defined in Section 27A of the Securities Act of
1933 and Section 21E of the Securities Exchange Act of 1934)
including statements regarding, among other things, the benefits of
the combination with Inco and the combined company's plans,
objectives, expectations and intentions. All statements other than
historical information are forward-looking statements. These
forward-looking statements are based on management's current
beliefs and expectations, speak only as of the date made, and are
subject to a number of significant risks and uncertainties that
cannot be predicted or quantified and are beyond our control.
Future developments and actual results could differ materially from
those set forth in, contemplated by, or underlying the
forward-looking statements. The following factors, among others,
could cause actual results to differ from those described in the
forward-looking statements in this document: (i) the ability to
obtain governmental approvals of the combination on the proposed
terms and schedule; (ii) the failure of Inco's shareholders to
approve the plan of arrangement; (iii) the failure of Phelps
Dodge's shareholders to authorize the issuance of Phelps Dodge
common shares, the change of Phelps Dodge's name to Phelps Dodge
Inco Corporation and an increase in the size of Phelps Dodge's
board of directors as required under the combination agreement;
(iv) the risks that the businesses of Phelps Dodge and Inco and/or
Falconbridge will not be integrated successfully; (v) the risks
that the cost savings, growth prospects and any other synergies
from the combination may not be fully realized or may take longer
to realize than expected; (vi) the combined company's inability to
refinance indebtedness incurred in connection with the combination
on favorable terms or at all; (vii) the possibility that Phelps
Dodge will combine with Inco only; (viii) the possible impairment
of goodwill resulting from the combination and the resulting impact
on the combined company's assets and earnings; and (ix) additional
factors that may affect future results of the combined company set
forth in Phelps Dodge's, Inco's and Falconbridge's filings with the
Securities and Exchange Commission, which filings are available at
the SEC's Web Site at (http://www.sec.gov/). Except as required by
law, we are under no obligation, and expressly disclaim any
obligation, to update, alter or otherwise revise any
forward-looking statement, whether written or oral, that may be
made from time to time, whether as a result of new information,
future events or otherwise. NOTE: In connection with the proposed
combination, Phelps Dodge filed a preliminary proxy statement on
Schedule 14A with the SEC. Investors are urged to read the
definitive proxy statement (including all amendments and
supplements to it) when it is filed because it contains important
information. Investors may obtain free copies of the definitive
proxy statement, as well as other filings containing information
about Phelps Dodge, Inco and Falconbridge, without charge, at the
SEC's website (http://www.sec.gov/). Copies of Phelps Dodge's
filings may also be obtained without charge from Phelps Dodge at
its Web site (http://www.phelpsdodge.com/) or by directing a
request to Phelps Dodge, One North Central Avenue, Phoenix,
Arizona, 85004-4414, Attention: Assistant General Counsel and
Corporate Secretary (602) 366-8100. The directors and executive
officers of Phelps Dodge may be deemed to be participants in the
solicitation of proxies in respect of the proposed combination.
Information regarding the directors and executive officers of
Phelps Dodge and a description of their direct and indirect
interests, by security holdings or otherwise, is available in the
preliminary proxy statement filed with the SEC and will be
available in the definitive proxy statement when filed with the
SEC. Media: Peter J. Faur (602) 366-7993 Investors: Stanton K.
Rideout (602) 366-8589 DATASOURCE: Phelps Dodge Corp. CONTACT:
Media - Peter J. Faur, +1-602-366-7993, or Investors - Stanton K.
Rideout, +1-602-366-8589, both of Phelps Dodge Corp. Web site:
http://www.phelpsdodge.com/
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