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Published on 3/29/2007 in the Prospect News Special Situations Daily.

Herbalife says Whitney's $38.00 per share does not offer enough value for the company

By Lisa Kerner

Charlotte, N.C., March 29 - Herbalife Ltd. said the special committee of its board of directors believes Whitney V LP's $38.00-per-share acquisition proposal does not represent sufficient value for the company.

"We remain open-minded about ways to achieve appropriate value for the company, and would certainly consider an improved proposal from Whitney," chairman of the special committee Leroy T. Barnes, Jr., said in a company news release.

"Herbalife's continued momentum, enabled by the outstanding performance of our distributors and underscored by the recent receipt of a new license to operate in China and the recently announced marketing agreement with the L.A. Galaxy soccer team, further reinforces the special committee's determination that a $38.00 offer is too low."

On Feb. 2, Herbalife received an unsolicited offer from Whitney to acquire the company in an all-cash transaction. At that time, Whitney reportedly owned approximately 27% of Herbalife's outstanding common stock.

Herbalife is a global network marketing company based in Los Angeles that sells weight-management, nutritional supplements and personal care products.


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