ZUMIEZ CHALLENGE BILLABONG FOR WEST 49 10.07.10
A new development in Billabong’s bid for Canadian retailer West 49 with one of its major US retail partners, Zumiez announcing it was prepared to top Billabong's $78 million late June offer for retailer West 49. Billabong's offer was 136% more than what West 49 was valued at before the deal with announced. Since then, the company's market value has more than doubled to $82 million on the Toronto Stock Exchange, or about 5% higher than Billabong's cash offer. West 49, which is based south of Toronto, said a special committee of directors is set to determine if Zumiez can make an offer that’s better than Billabong's. Billabong would have the right to match any offer from Zumiez. A bidding war with Zumiez could represent a potential clash between a store operator and a clothing maker expanding further into retail. It’ll be interesting to see this develop. Here’s the Zumiez press release…
PRESS RELEASE Burlington, Ontario, July 9, 2010 - West 49 Inc. (TSX: WXX) (the "Company"), Canada’s leading action sport retailer, today announced that Zumiez, Inc., a U.S.-based action sports retailer, has advised the Company that, subject to a satisfactory due diligence review in its sole discretion, it “would be prepared to make an offer, that would not be subject to a financing condition, to acquire all of the outstanding common shares and preferred shares of West 49 for a cash price in excess of C$1.30 per share”. Zumiez, Inc. has further indicated that it believes that its acquisition proposal would reasonably be expected to lead to a superior proposal, and has indicated that it would like to enter into a confidentiality and standstill agreement with the Company. The Company’s board, after consultation with its outside legal and financial advisors, has concluded that the Zumiez proposal would reasonably be expected to lead to a superior proposal. However, the Company is concerned with Zumiez’s previously stated intent to enter the Canadian market, and therefore the board has instructed the Company’s management to seek to protect the Company’s competitive position. Subject to the terms of the existing agreement with Billabong International Limited, the Company’s special committee intends to seek to negotiate with Zumiez to determine if its offer can become a firm offer that is financially superior to the transaction with Billabong and that West 49 can otherwise treat as a superior proposal under the terms of the existing agreement with Billabong. There can be no assurance that Zumiez will in fact make a firm proposal or, if it does, as to the price, terms or conditions thereof. In the event that Zumiez does make a proposal that the board determines constitutes a superior proposal which the Company wishes to accept, Billabong would have the right, but not the obligation, to match such proposal within a 5 business day period. The special committee and the board as a whole confirm that they continue to support the Billabong transaction and confirm their unanimous conclusion that the transaction with Billabong is in the best interests of the Company and is fair to the Company’s security holders and their recommendation that security holders vote in favour of the Billabong transaction, under which the Company’s common shares and preferred shares would be acquired at C$1.30 per share. The agreement with Billabong remains in effect at this time. Further details of the Billabong transaction are expected to be included in a proxy circular to be mailed to shareholders in due course
11:29AM / Torquay / Vic / Aus


