Reference is made to the announcement of LDK Solar Co., Ltd.(the “LDK Solar”) (NYSE: LDK), dated December 14, 2012 in relation to the solicitation of consents (the “Consent Solicitation”) described below. As indicated in the consent solicitation statement dated December 14, 2012 (the “Consent Solicitation Statement”), the consent solicitation period expired at 5:00 p.m., London time, on December 21, 2012.
LDK Solar announces that it has received the required number of unrevoked consents (the “Requisite Consents”) from holders of its 10.00% Senior Notes Due 2014 (ISIN No. XS0592597099, Common Code: 059259709) (the “2014 Notes”) necessary to approve certain proposed amendments described in the Consent Solicitation Statement (the “Proposed Amendments”) to the indenture, dated as of February 28, 2011 (as supplemented or amended to the date hereof, the “Indenture”), by and among LDK Solar, the Subsidiary Guarantors (as defined therein), The Bank of New York Mellon, London Branch, as trustee (the “Trustee”) and paying and transfer agent, and The Bank of New York Mellon (Luxembourg) S.A., as registrar, governing its 2014 Notes. Unless otherwise defined herein, capitalized terms used in this announcement have the meanings set forth in the Indenture.
LDK Solar will make a cash payment (the “Consent Fee”) to each holder of the 2014 Notes for each RMB10,000 in principal amount of 2014 Notes in respect of which such holder has validly delivered (and not validly revoked) a consent prior to the expiration date. The Consent Fee of RMB10 per RMB10,000 in principal amount of 2014 Notes will be payable in U.S. dollars applying an exchange rate of RMB6.25 to US$1.00, resulting in a Consent Fee of US$1.60 per RMB10,000 in principal amount of 2014 Notes.
As the Requisite Consents have been obtained, LDK Solar and the Subsidiary Guarantors intend to execute a supplemental indenture (the “Supplemental Indenture”) with the Trustee as soon as practicable to give effect to the Proposed Amendments.
The distribution of this announcement in certain jurisdictions may be restricted by law. Persons into whose possession this announcement comes are required to inform themselves about, and to observe, any such restrictions.
This announcement does not constitute an offer to sell or the solicitation of an offer to buy any securities in the United States or any other jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. No securities may be offered or sold in the United States absent registration or an applicable exemption from registration requirements. Any public offering of securities to be made in the United States will be made by means of a prospectus. Such prospectus will contain detailed information about the company making the offer and its management and financial statements. No public offer of securities is to be made by the LDK Solar Co., Ltd. in the United States.