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Published on 12/31/2003 in the Prospect News High Yield Daily.

Sinclair completes 8¾% '07 notes tender; calls outstanding remnant

Sinclair Broadcast Group, Inc. (B2/B) said on Tuesday (Dec. 31) that it had purchased $213 million of the company's existing $250 million of 8¾% senior subordinated notes due 2007 under the terms of its previously announced tender offer for the notes and related consent solicitation, which expired as scheduled at 12 midnight on Monday (Dec. 30) with no extension.

Sinclair funded the purchase with the proceeds of its previously announced private placement of $125 million new add-on senior subordinated notes due 2008, and a $125 million Incremental Term Loan Facility due Dec. 31, 2009, as an add-on to the company's existing senior bank credit facility dated July 15, 2002. Sinclair announced the closings of both financings concurrently with its announcement about the 8¾% notes.

Following completion of the tender offer, $37 million of the notes remain outstanding. Sinclair additionally said that it had notified the notes' trustee that it will redeem the remaining aggregate principal amount of the notes in full on Jan. 30, 2003. Sinclair will also at that time pay to the noteholders the associated call premium and accrued interest on those notes.

J.P. Morgan Securities Inc. (call 800 245-8812) was the dealer-manager for the tender offer and consent solicitation. D.F. King & Co., Inc. (call 800 848-3416) was the information agent.

AS PREVIOUSLY ANNOUNCED, Sinclair Broadcast Group, a Baltimore-based television station group owner, said on Dec. 2, that it was beginning a tender offer for all of its outstanding 8¾% notes, and was also soliciting the consent of noteholders of record (as of Dec. 2) to proposed amendments that would eliminate substantially all of the restrictive covenants and certain events of default from the notes' indenture. Holders tendering their notes would be required to consent to the proposed amendments, and holders consenting to the proposed amendments would be required to tender their notes.

Sinclair initially set a consent deadline of 5 p.m. ET on Dec. 10, and an expiration deadline of 12 midnight ET on Dec. 30, both subject to possible extension (the consent deadline was subsequently extended). It said that holders validly tendering their notes and delivering consents by the consent deadline would receive total consideration of $1,043.75 per $1,000 principal amount of notes tendered, which would include a $20 per $1,000 principal amount consent payment. Holders validly tendering their notes after the consent deadline would only receive the tender consideration of $1,023.75 per $1,000 principal amount, and would not receive the consent payment.

Sinclair said it intended to issue on Dec. 31 a notice of redemption for all untendered 8¾% notes. It said it would redeem such notes at a redemption price of $1,043.75 per $1,000 principal amount, under the terms and conditions of the notes' indenture.

The company said it would fund the tender offer, and all related costs and expenses, with the net proceeds of an offering of new senior subordinated notes, an amendment to its bank credit facility to permit additional borrowings (which may then be repaid from the proceeds of a subsequent issuance of new senior subordinated notes), the net proceeds of other public or private equity or debt issuances, and/or cash on hand.

It said the tender offer would be conditioned upon the proposed amendments being adopted, Sinclair completing arrangements for financing the purchase of the notes and other general conditions.

On Dec. 3, Sinclair announced plans to sell $150 million of new 8% senior subordinated notes due 2012 as an add-on to its existing 8% notes, with the Rule 144A transaction expected to take place later in the month of December. Proceeds of the bond offering would be used (together with available cash on hand and/or bank debt) to finance the repurchase or redemption of the 8¾% notes.

On Dec. 11, Sinclair said that holders of a majority of its outstanding 8¾% notes had tendered their notes and had delivered consents to proposed indenture changes as part of the previously announced tender offer for those notes and the related consent solicitation.

Sinclair said that as of the initially announced consent deadline of 5 p.m. ET on Dec. 10, holders of approximately 80% of the outstanding notes had tendered them, fulfilling the condition that the indenture amendments be approved. Sinclair said that it planned to promptly execute a supplemental indenture incorporating the proposed amendments, as described in the official Offer to Purchase. It said that although the supplemental indenture will have then been executed, the proposed amendments would not become operative unless Sinclair were to complete the tender offer. Sinclair said that were the proposed amendments to become operative, the holders of untendered notes would be bound by them.

Although Sinclair received the requisite amount of consents by the consent deadline to approve the indenture changes, the company also said that it was extending the consent deadline to 5 p.m. ET on Dec. 11, subject to possible further extension, while the tender offer expiration deadline remained Dec. 30, also subject to possible extension.

On Dec. 17, Sinclair Sinclair was heard by high yield market syndicate sources to have sold $125 million of new 8% add-on senior subordinated notes due 2012, at an issue price of 103.

Separately, Sinclair said on Nov. 8 that it had notified the trustee for its $200 million of outstanding 9% senior subordinated notes due 2007 that it would redeem the issue in full on Dec. 9, paying the aggregate principal amount plus the associated call premium and all accrued interest.

Sinclair said that it would fund the redemption using the proceeds of its recent add-on sale of $125 million 8% senior subordinated notes due 2012, plus available working capital (which would include a draw on Sinclair's bank credit facility).

Boyd Gaming to call untendered 9½% '07 notes

Boyd Gaming Corp. said on Monday (Dec. 30) that it had notified the trustee for its 9½% senior subordinated notes due 2007 that it will redeem in full any and all notes that are still outstanding (following the expected completion earlier in the month of the company's previously announced cash tender offer for those notes).

Boyd said that the redemption of any remaining notes will take place on Jan. 29, 2003, at a redemption price of $1,047.50 per $1,000 principal amount of notes, plus accrued and unpaid interest up to the redemption date. The company said that the redemption would be funded from the net proceeds from Boyd's recently completed private placement of $300 million new 7¾% senior subordinated notes due 2012.

State Street Bank and Trust Co. in Boston will be the paying agent for the redemption. A notice of redemption containing information required by the terms of the indenture governing the 9½% notes will be mailed to noteholders.

AS PREVIOUSLY ANNOUNCED: Boyd Gaming, a Las Vegas-based gaming company, said in its quarterly 10-Q filing with the Securities and Exchange Commission on Nov. 14 that it had purchased and cancelled approximately $77.8 million principal amount of its 9¼% senior notes due 2003 in July, via privately negotiated transactions. It said that approximately $122.2 million principal amount of the notes remained outstanding following those transactions (out of the originally issued $200 million of notes).

Boyd said that it funded the purchase of those notes via borrowings from its bank credit facility. It repurchased the notes at prices ranging from 103.4% to 104.2% of par, plus accrued interest. The premium paid to repurchase the notes and the pro-rata portion of the unamortized deferred loan costs, together totaling $3.4 million, was recorded as a loss during the three-month period that ended Sept. 30 in the non-operating section of the income statement.

On Dec. 12, Boyd said that it planned to commence a cash tender offer to purchase all of its outstanding $250 million of 9½% notes and set 5 p.m. ET on Jan. 14, 2003 as the expiration for the tender offer, and 5 p.m. ET on Dec. 30 as the early tender deadline, both subject to possible extension.

Boyd said that under the terms of the proposed offer, the total consideration to be paid for each note validly tendered by the early tender deadline and accepted for payment would be $1,047.50 per $1,000 principal amount of notes tendered, plus accrued and unpaid interest. The total consideration includes an early tender premium of $10 per $1,000 principal amount where applicable. Holders tendering notes after the early tender deadline had passed but prior to the expiration of the tender offer would receive $1,037.50 per $1,000 principal amount of notes validly tendered and accepted for payment, plus accrued and unpaid interest.

It said that tenders of notes made prior to the Dec. 30 early tender deadline could not be validly withdrawn or revoked, unless Boyd were to reduce the tender offer consideration or the principal amount of notes subject to the tender offer or would be otherwise required by law to permit withdrawal. Tenders of notes made after the early tender deadline could be validly withdrawn at any time until the expiration deadline.

Boyd said that the tender offer would be conditioned upon the consummation of its proposed issuance of senior subordinated notes due 2012 (Boyd concurrently announced plans to sell $300 million of the notes), regulatory approvals and certain other conditions. It currently intends to call for redemption any 9½% notes that remain outstanding after completion of the tender offer, in accordance with the notes' indenture. The redemption, at the applicable price of $1,047.50 per $1,000.00 of principal amount, plus interest accrued and unpaid to the redemption date, would take place as soon as practicable upon consummation of Boyd's proposed issuance of its new senior subordinated notes due 2012.

On Dec. 13, Boyd Gaming was heard by high yield syndicate sources to have sold $300 million of the new 7¾% senior subordinated notes due 2010, proceeds of which will be used to fund the current tender offer.

On Dec. 16, Boyd said that it had begun a cash tender offer to purchase all of its outstanding 9½% notes under previously announced terms.

Boyd said that Lehman Brothers (call Rad Antonov at 212 528-7581 or toll-free at 800 438-3242) and Deutsche Bank Securities will serve as the Dealer Managers for the tender offer. D.F. King & Co., Inc. (call 800 628-8510) will be the Information Agent for the tender offer.

Pac-West Telecomm completes tender for 13½% '09 notes

Pac-West Telecomm Inc. said on Monday (Dec. 30) that it had completed its previously announced tender offer for its outstanding 13½% Series B senior notes due 2009 and the related solicitation of noteholder consents to proposed indenture changes, which expired as scheduled at 5 p.m. ET on Friday Dec. 27.

The company said that as of that deadline, holders validly tendered $12.387 million of the notes, which were not subsequently withdrawn. Pac-West has elected to purchase $11.387 million of the notes, or approximately 11% of the outstanding principal amount, at a purchase price equal to $34 per $100 in principal amount, which was arrived at under a modified Dutch auction procedure as previously outlined.

Pac-West additionally said it is reviewing its obligations and considering various alternatives to continue to reduce such obligations and borrowing costs.

Wells Fargo Bank Minnesota NA in Minneapolis (call 800 344-5428) was the information agent and the depositary for the offer.

AS PREVIOUSLY ANNOUNCED, Pac-West Telecomm, a Stockton, Calif.-based provider of integrated communications services to service providers and business customers in the western U.S., said on Nov. 11 that it expected to announce a cash tender offer for its outstanding 13½% notes on Nov. 12.

Pac-West also said that In connection with the invitation to the noteholders to offer their notes back to the company, it would conduct a consent solicitation to amend the indenture relating to those notes. It said the proposed amendments would - among other things - substantially remove all of the restrictive covenants as well as certain events of default related to such covenants. The company said it would continue to review its debt obligations, including any senior notes not purchased under the tender offer, and consider various alternatives to continue to reduce such obligations.

Pac-West said that the tender offer would be part of the company's continuing effort o reduce the amount of debt in its capital structure. It said that retirement of the 13½% notes would reduce its annual interest expense and accelerate our attainment of free cash flow."

Pac-West Telecomm, which also reported third-quarter earnings data on Nov. 11, further said that it had realized a gain on repurchase of bonds of $14.9 million in the quarter, relating to open market purchases undertaken to retire $22.8 million principal amount of the 13½% notes at a significant discount from face value. It said that those debt retirement transactions would result in annual interest payment reductions of approximately $3.1 million per year.

On Nov. 18 Pac-West Telecomm announced that it had posted the offering memorandum for its previously announced tender offer and consent solicitation and other related documents on its Internet website, www.pacwest.com. The documents disclosed that the company, as promised, had officially begun the tender offer to the holders of its $106.489 million of remaining outstanding 13½% notes on Nov. 12, as well as the solicitation of noteholder consents to proposed indenture changes.

Pac-West said it would purchase the notes at a price to be determined via a "modified Dutch auction" process. It said that a noteholder could make what the company termed a "competitive offer" to sell the notes at a minimum price within the range of $34 to $42 per $100 principal amount, not including accrued interest, or could alternatively make what Pac-West termed a "noncompetitive offer" to sell the notes without specifying an offer price.

Pac-West said that if it elected to purchase any notes, it would determine a single purchase price, not including accrued interest, and would accept all competitive offers of notes specifying a offer price equal to or less than the company's purchase price, as well as all non-competitive offers made without a specified purchase price. It said that all noteholders whose offers were accepted by Pac-West would receive the same purchase price, even if that purchase price were higher than the offer price submitted by a noteholder. Once an offer has been made by a noteholder, it would be considered irrevocable, except that a competitive offer could be withdrawn if were to be resubmitted at a lower price, or as a non-competitive offer. Non-competitive offers could also be withdrawn under certain limited circumstances.

The company further said that noteholders offering their notes to the company would be deemed to have consented to the proposed indenture amendments, which would eliminate substantially all of the restrictive covenants and related events of default. Pac-West said the consents would be conditional upon the company's acceptance of at least a majority of the outstanding principal amount of the notes. The purchase price would include a consent payment of 25 cents per $100 principal amount of the notes.

Pac-West said that upon satisfaction of the minimum consent condition, it would deliver to the notes' trustee evidence of receipt of the requisite consents needed for approval of the indenture changes, with that delivery date to be deemed the consent date. Upon execution of a supplemental indenture incorporating the proposed indenture changes, those changes would take effect. Any remaining outstanding notes not tendered under the offer or accepted by the company for purchase would be considered to be bound by the indenture changes.

The tender offer was initially scheduled expire at 5 p.m. ET on Wednesday (Dec. 11), although this was subsequently extended. Pac-West said it anticipated paying the purchase price for the notes it has accepted under the offer on the settlement date (initially expected to be Dec. 12, but subsequently extended), which in any event, would be no more than five days after the expiration date. The company said it would also at that time pay in addition to the purchase price, all accrued interest on the notes through the day before the settlement date.

Pac-West said it expected to finance the tender offer from available funds.

On Dec. 12, Pac-West announced the extension of its tender offer for the 13½% notes to 5 p.m. ET on Dec. 27, subject to possible further extension, from the original Dec. 11 deadline.

PT Polytama Propindo completes exchange offer for 11¼% '07 notes

Polytama International Finance BV and PT Polytama Propindo said on Monday (Dec. 30) that they had completed their previously announced offer to exchange two issues of new debt for all of Polytama International Finance's outstanding 11¼% guaranteed secured notes due 2007.

The exchange offer expired as scheduled at 5 p.m. ET on Friday Dec. 27, without any further extension. As of that deadline, $255,140,071 aggregate principal amount of the existing notes had been tendered and accepted in the exchange offer. In return the company issued to the tendering holders an aggregate principal amount of $116,419,931 of new 8% guaranteed secured notes due 2017 and $38,814,149 of new 6% guaranteed secured exchangeable notes due 2012.

The Bank of New York was the exchange agent for the transaction. Georgeson Shareholder Services was the information agent (in the U.S., banks and brokers should call 212 440-9800; all others call toll-free at 866 870-4322; outside the U.S. all holders should call 44 207 335-8739).

AS PREVIOUSLY ANNOUNCED: Jakarta, Indonesia-based Polytama Propindo said on Nov. 7 that along with its Polytama International Finance unit, it would offer to exchange new debt for all of the latter's outstanding 11¼% notes.

The company said it would offer $0.5171 principal amount of its newly issued 8% notes and US $0.1724 principal amount of its 6% notes per $1 principal amount of the outstanding notes.

It said that the exchange offer would be subject to certain conditions as set forth in the official Offering Circular, including, among other things, receipt by the company of the Minimum Tender and other customary conditions, and initially said that the offer would expire at 5 p.m. ET on Dec. 9, subject to possible extension.

Polytama Propindo subsequently announced several extensions of the offer, beginning on Dec. 9, up to the final announced deadline of Dec. 27, which was announced on Dec. 19. At the same time, it announced that the offer had been amended to decrease the minimum tender condition from 100% to 99% and solicit the consent of bondholders to amend the notes' indenture as described in the amended official Offering Circular and Consent Solicitation Statement dated Dec. 19. As of Dec. 19, $223,979,659 of the aggregate outstanding principal amount of the existing notes had been tendered in the exchange offer.

PerkinElmer gets requisite consents from 6.80% '05 noteholders

PerkinElmer, Inc. said on Dec. 26 that it had substantially completed its previously announced refinancing plan to repay existing debt in order to extend existing shorter-term debt maturities, which included its previously announced tender offer for its outstanding 6.80% notes due 2005 and the related solicitation of noteholder consents to proposed indenture changes. That tender offer and consent solicitation expired as scheduled at 10 a.m. ET on Dec. 26, with no further extension.

The company said that as of that deadline, holders had tendered $110.319 million aggregate principal amount of the notes, which were accepted for payment, or approximately 96% of the outstanding amount. PerkinElmer will pay an aggregate of $111,768,350.37 for the tendered 6.80% notes.

Each holder who tendered the notes by the now-passed Dec. 6 consent deadline stands to receive total consideration of $1,013.41 per $1,000 principal amount of tendered 6.80% notes, which includes a $15 consent payment and $13.41 per $1,000 principal amount of accrued and unpaid interest, while each holder who tendered notes and the related consents after the consent expiration date will receive $998.41 per $1,000 principal amount, which includes the interest but not the consent payment.

PerkinElmer said it anticipated that the depositary for the tender offer and consent solicitation would pay noteholders on or about Dec. 26.

Perkin Elmer also announced that as part of the overall refinancing plan, it had repaid its existing bank debt and synthetic lease by completing the previously announced sale of $300 million aggregate principal amount of new 10-year senior subordinated notes (a portion of which proceeds was also used to finance the 6.80% note tender) and entering into new senior secured credit facilities for a $315 million six-year term loan and a $100 million revolving credit facility. PerkinElmer fully drew the amount available under the term loan, but did not draw upon the $100 million revolving credit facility, which remains available for the company's working capital needs.

It said the final step of the refinancing plan would be the completion of its pending cash tender offer to purchase its zero-coupon convertible debentures due 2020, which was scheduled to expire at 12 midnight ET on Friday Dec. 27. On Saturday Dec. 28, PerkinElmer announced that it had in fact completed the convertible tender offer as scheduled, accepting for payment $378,709,750 aggregate principal amount at maturity of the debentures, or approximately 52% of the total outstanding amount. The company said that it would pay each holder who tendered debentures by the deadline $542.88 per $1,000 principal amount at maturity, which represents the accreted value of the debentures up to but not including, the anticipated settlement date Monday (Dec. 30). The company thus paid an aggregate of $205,593,949.08 for the tendered debentures.

Merrill Lynch (call toll-free at 888 ML4-TNDR or call 212 449-4914) was the dealer manager in connection with the offer and the solicitation agent for the consent solicitation. D.F. King & Co., Inc. (banks and brokers call collect at 212 269-5550, all others call toll-free at 800 290-6426) was the information agent for the offer. State Street Bank and Trust Co. was the depositary.

AS PREVIOUSLY ANNOUNCED: PerkinElmer, a Boston-based technology company, said on Nov. 22 that it had begun a cash tender offer for its $115 million of outstanding 6.80% notes and a related solicitation of noteholder consents to proposed changes in the notes' indenture, which would eliminate substantially all of the restrictive covenants in the indenture. The company said the offer was being made in connection with PerkinElmer's recently announced plans to refinance its existing debt. It said that completion of the offer would not be a condition to completion of the refinancing transactions.

The company said the offer would expire at 10 a.m. ET on Dec. 23, while the consent deadline by which holders would have to tender their notes and deliver their consents in order to be eligible to receive the consent payment as part of their consideration, would be 5 p.m. ET on Dec. 6, with both deadlines subject to possible extension.

The company said it would offer consideration of $985 per $1,000 principal amount of notes tendered, plus accrued and unpaid interest up to, but not including, the payment date for the notes accepted for purchase. PerkinElmer said it would pay an additional $15 per $1,000 principal amount of notes purchased as a consent payment to holders of notes who tender their notes and deliver their consents on or before the consent date.

PerkinElmer said its obligation to complete the tender offer and consent solicitation would be subject to a number of conditions, including its receipt of funding under its recently announced refinancing plan, and the receipt of consents to the indenture amendments from holders of at least a majority of the total principal amount of outstanding notes.

On Nov. 29, PerkinElmer said it planned to raise up to $225 million in gross proceeds from an institutional private placement of unsecured senior subordinated notes, as part of its previously announced refinancing plan. The company said completion of the offering - which would satisfy the financing condition under its previously announced tender offer for its 6.80% notes and related consent solicitation - was expected to take place later this month.

On Dec. 6, PerkinElmer said that it had received a requisite amount of consents to the proposed indenture amendments from the holders of its 6.80% notes.

It announced that as of the consent solicitation deadline of 5 p.m. ET on Dec. 6, which expired as scheduled with no extension, approximately $108 million of the notes, or 94% of the outstanding aggregate principal amount, had been tendered and the related consents delivered, and could no longer be revoked.

The company said that having fulfilled the necessary condition for approval of the indenture amendments, those amendments would be effective as to all 6.80% notes, including any not purchased in the offer, if and when the offer would be consummated.

On Dec. 13, PerkinElmer said that it had extended the expiration of the tender offer to 10 a.m. ET on Dec. 26, subject to possible further extension, from the originally announced Dec. 23 deadline.

Perkin Elmer also announced that it had sold $300 million of new 8 7/8% senior subordinated notes due 2013 (upsized from the originally planned $225 million) at a price of 99.173, with proceeds of the note sale expected to be used to finance the 6.80% note tender offer. It said the tender offer was being extended in order to coincide with the closing date for the new note issue. PerkinElmer further said that it expects to close its proposed new senior secured credit facilities on that date as well.

Grupo TMM begins exchange offers for 9½% '03 and 10¼% '06 notes

Grupo TMM SA said on Dec. 26 that it had begun its previously announced offers to exchange new, longer-maturity debt for all of its outstanding 9 ½% senior notes due 2003 and its 10¼% senior notes due 2006. The exchange offers will expire at 5 p.m. ET on Feb. 11, 2003, subject to possible extension.

Grupo TMM is offering a like principal amount of its 10¾% percent senior notes due 2009 for the existing notes; the new notes are to be issued at the time the exchange offers close. They will be guaranteed on a senior unsecured basis by TMM Holdings, SA de CV, a wholly owned subsidiary that indirectly owns all of TMM's interest in Grupo Transportacion Ferroviaria Mexicana, SA de CV, which in turn operates TMM's rail operations.

Concurrently with the exchange offers, Grupo TMM is soliciting consents from holders of the existing notes for certain amendments which would eliminate certain restrictive covenants and amend certain other provisions of the respective indentures under which the existing notes were issued. Holders who tender their notes in the exchange offers will be considered to have given their consent to the proposed amendments applicable to the series of existing Notes that they are tendering.

Subject to the terms and conditions contained in the prospectus and letter of transmittal related to the exchange offers and consent solicitations, Grupo TMM will pay a cash consent fee in an amount of $5 per $1,000 principal amount of existing notes validly tendered and not subsequently revoked by the consent payment deadline of 5 p.m. ET on Jan. 28, 2003, subject to possible extension.

The obligation of Grupo TMM to consummate either exchange offer is conditioned upon, among other things, receipt of valid and unrevoked tenders representing at least 85% of the outstanding principal amount of the 9½% notes and at least a majority of the outstanding principal amount of the 10¼% notes.

Tenders and the related consents may not be withdrawn at any time after the consent payment deadline, unless it is extended by Grupo TMM with respect to one or both series of existing notes.

Salomon Smith Barney Inc. is acting as the dealer manager for the exchange offers and consent solicitations.

AS PREVIOUSLY ANNOUNCED, Grupo TMM, a Mexico-City-based provider of land and ocean transportation services, said on Aug. 29 that it intended to offer to exchange new debt securities for all of its outstanding 9½% and 10¼% notes. It said the exchange offers would be undertaken consistent with its previously announced plan to extend the company's debt maturities and obtain additional financial flexibility.

TMM said that the terms of the planned exchange, including the interest rate of the new debt securities, had not been finalized, but the securities are expected to be senior unsecured debt of Grupo TMM maturing in 2009. In addition, it said that the new debt securities would be guaranteed on a senior unsecured basis by TMM Holdings SA de CV, a newly-formed, wholly-owned subsidiary of Grupo TMM, which would indirectly hold all of its parent's approximately 51% voting and 38.4% effective economic interest in another subsidiary, Grupo TFM SA de CV, through which Grupo TMM conducts its rail operations.

Grupo TMM further said that in connection with the exchange offers, it expected to solicit consents from the holders of the outstanding 9½% and 10¼% notes, seeking to amend or eliminate certain of the covenants contained in the notes' indentures. It said that holders who tender notes and give their consents prior to the deadline that would be established for the consent solicitation would be entitled to receive a cash consent fee. The amendments would only become effective upon completion of the exchange offers and consent solicitations, which would be described in detail in the official offering material.

Grupo TMM did not formally set down a timetable for the proposed exchange offers and related consent solicitations, other than that the exchange offers would begin once the company has completed its regulatory filings and obtained all necessary governmental authorizations. The company said that it expected that the exchange offers to be completed early in the fourth quarter. Grupo TMM said it had filed a registration statement relating to the exchange offers with the U.S. Securities and Exchange Commission, and was expecting to commence the offers as soon as practicable after the registration statement was declared effective and it had obtained the necessary authorizations from the Comision Nacional Bancaria y de Valores de Mexico.


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