DENVER--(BUSINESS WIRE)--
UDR, Inc. (NYSE: UDR
- News),
a leading multifamily real estate investment trust (REIT), today
announced that the early tender deadline in respect of its previously
announced cash tender offer and consent solicitation (the "Offer") for
its 81/2% Debentures Due September 15, 2024 (the "Notes")(CUSIP No.
910197AC6), as previously extended by the Company, expired at 5:00 P.M.,
Eastern Time, on August 20, 2009 (the "Extended Early Tender Deadline").
As of the expiration of the Extended Early Tender Deadline, valid
tenders and consents had been received from holders of $37,464,000 in
aggregate principal amount of Notes, representing approximately 70.53%
of the outstanding Notes. Accordingly, the requisite majority consents
to adopt the proposed amendments to the indenture governing the Notes
have been received, and a supplemental indenture to effect the proposed
amendments described in the Offer to Purchase and Consent Solicitation
Statement dated August 4, 2009 (the "Offer to Purchase") was executed on
August 20, 2009. As executed, the supplemental indenture eliminates
certain restrictive covenants and events of default contained in the
indenture governing the Notes. The amendments will become operative on
the date that the Notes validly tendered in connection with the
requisite consents are purchased by the Company pursuant to the Offer.
The early payment date is expected to be on or about August 21, 2009.
Holders who validly tendered their Notes and delivered their consents at
or prior to the Extended Early Tender Deadline, and did not withdraw
their Notes and consents at or prior to such time, will receive Total
Consideration of $1,100 per $1,000 principal amount of Notes tendered,
which includes an early tender payment of $120 per $1,000 principal
amount of Notes (the "Early Tender Payment"), if their tendered Notes
are accepted for purchase.
The Company previously extended the expiration time of the Offer from
5:00 P.M., Eastern Time, on August 31, 2009 to 11:59 P.M., Eastern Time,
on September 3, 2009, unless extended or earlier terminated (the
"Extended Expiration Time"). Holders of Notes may tender their Notes
until the Extended Expiration Time pursuant to the Offer to Purchase;
however, any such tender that occurs after the Extended Early Tender
Deadline will not be entitled to the Early Tender Payment. Completion of
the Offer is subject to satisfaction or waiver by the Company of certain
conditions, as described in the Offer to Purchase.
The complete terms and conditions of the Offer are described in the
Offer to Purchase and Consent Solicitation Statement dated August 4,
2009, copies of which may be obtained by contacting Global Bondholders
Services Corporation as Information Agent at (866) 924-2200 (U.S.
toll-free) or (212) 430-3774. The Company has engaged Wells Fargo
Securities to serve as Dealer Manager for the tender offer. Questions
regarding the tender offer and consent solicitation may be directed to
Wells Fargo Securities at (866) 309-6316 (U.S. toll-free) or (704)
715-8341.
None of the Company, the Dealer Manager or the Information Agent make
any recommendations as to whether holders should tender their Notes or
deliver consents pursuant to the Offer, and no one has been authorized
by any of them to make such recommendations. Holders must make their own
decisions as to whether to tender Notes and deliver consents, and, if
so, the principal amount of Notes to tender.
This press release does not constitute an offer to purchase, a
solicitation of an offer to sell nor a solicitation of consents with
respect to, any Notes or other securities, nor shall there be any
purchase of Notes in any state or jurisdiction in which such offer,
solicitation or purchase would be unlawful prior to the registration or
qualification under the securities laws of any such jurisdiction. The
tender offer and consent solicitation is being made solely by the Offer
to Purchase and Consent Solicitation Statement dated August 4, 2009.
About UDR, Inc.
UDR is a leading multifamily real estate investment trust with a
demonstrated performance history of delivering superior and dependable
returns by successfully managing, buying, selling, developing and
redeveloping attractive real estate properties in targeted U.S. markets.
As of August 1, 2009, UDR owned 44,990 apartment homes and had 1,916
homes under development. For over 37 years, UDR has delivered long-term
value to shareholders, the best standard of service to residents, and
the highest quality experience for associates. Additional information
can be found on the Company's website at www.udr.com.
Forward-Looking Statements
Certain statements made in this press release may constitute
"forward-looking statements." The words "expect," "intend," "believe,"
"anticipate," "likely," "will" and similar expressions generally
identify forward-looking statements. These forward-looking statements
are subject to risks and uncertainties which can cause actual results to
differ materially from those currently anticipated, due to a number of
factors, which include, but are not limited to, unfavorable changes in
the apartment market, changing economic conditions, the impact of
inflation/deflation on rental rates and property operating expenses,
expectations concerning availability of capital and the stabilization of
the capital markets, the impact of competition and competitive pricing,
acquisitions or new developments not achieving anticipated results,
delays in completing developments and lease-ups on schedule,
expectations on job growth, home affordability and demand/supply ratio
for multifamily housing, expectations concerning development and
redevelopment activities, expectations on occupancy levels, expectations
concerning the Vitruvian Park project, expectations that automation will
help grow net operating income, expectations on post-renovated
stabilized annual operating income, expectations on annualized net
operating income and other risk factors discussed in documents filed by
the Company with the Securities and Exchange Commission from time to
time, including the Company's Annual Report on Form 10-K and the
Company's Quarterly Reports on Form 10-Q. These forward-looking
statements and such risks, uncertainties and other factors speak only as
of the date of this press release, and the Company expressly disclaims
any obligation or undertaking to disseminate any updates or revisions to
any forward-looking statement contained herein, to reflect any change in
the Company's expectations with regard thereto, or any other change in
events, conditions or circumstances on which any such statement is
based, except to the extent otherwise required by law.
Source: UDR, Inc.
Contact: UDR, Inc.
David Messenger, CFO, 720-283-6120