Alestra Announces Extension of its Exchange Offers, Cash Tender Offers, Consent Solicitation and Solicitation of Acceptances to a U.S. Prepackaged Plan of Reorganization.Business Editors MEXICO CITY--(BUSINESS WIRE)--Oct. 22, 2003 Alestra, S. de R.L. de C.V. ("Alestra") announces an extension of its pending cash tender offers, exchange offers and consent solicitation Consent Solicitation A solicitation by one party to the stakeholders of a particular security for the consent of a material change. Notes: Should the majority of stakeholders provide valid consent prior to the consent expiry date, the issuer may then follow through with for all of its outstanding principal amount of its 12 1/8% Senior Notes due 2006 and 12 5/8% Senior Notes due 2009 (the "offers") and its solicitation of acceptances to a U.S. prepackaged pre·pack·age tr.v. pre·pack·aged, pre·pack·ag·ing, pre·pack·ag·es To wrap or package (a product) before marketing. Adj. 1. plan of reorganization. Alestra is extending the expiration date Expiration Date The day on which an options or futures contract is no longer valid and, therefore, ceases to exist. Notes: The expiration date for all listed stock options in the U.S. for the offers and the solicitation of acceptances to the U.S. prepackaged bankruptcy Prepackaged Bankruptcy When acompany prepares a reorganization plan that is negotiated and voted on by creditors and shareholders before the company actually files for bankruptcy. to 11:59 p.m. on November 4 , 2003, ten business days from, and including, the date of this press release, unless further extended by Alestra. If the offers are consummated, the new senior notes will be issued and all cash payments will be paid pursuant to the offers on the first business day following the expiration date, or as soon as practicable thereafter. Through and including November 4, 2003, we are granting withdrawal rights to holders of our existing senior notes who previously tendered their existing senior notes in the offers and to those holders of our existing senior notes who on or subsequent to the date of this prospectus supplement tender their existing senior notes in the offers. Holders of our existing senior notes already have the right to withdraw or modify their ballot for the U.S. prepackaged plan at any point prior to the commencement of the U.S. bankruptcy case. As of the date of this press release, approximately $235 million principal amount of our outstanding 12 1/8% Senior Notes due 2006 have been tendered in the offers and approximately $253 million principal amount of our outstanding 12 5/8% Senior Notes due 2009 have been tendered in the offers. These amounts in the aggregate represent approximately 85.6% of the existing senior notes. Alestra is also in the process of distributing a prospectus supplement to its prospectus dated August 21, 2003, as supplemented by its prospectus supplements dated September 25, 2003 and October 10, 2003, that provides, among other things, an update regarding a legal action brought against it, its equity holders and the indenture trustee on September 22, 2003 in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. for the Southern District of New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of by W.R.H. Global Securities Pooled Trust ("Huff huff - To compress data using a Huffman code. Various programs that use such methods have been called "HUFF" or some variant thereof. Opposite: puff. Compare crunch, compress. "). The complaint sought damages and to enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. Alestra from consummating its exchange offers and consent solicitations. On October 15, 16 and 17, 2003, a hearing was held before the United States District Court for the Southern District of New York (Wood, J.) on Huff's motion for an order preliminarily enjoining en·join tr.v. en·joined, en·join·ing, en·joins 1. To direct or impose with authority and emphasis. 2. To prohibit or forbid. See Synonyms at forbid. the offers. During that hearing Alestra agreed to make certain additional disclosures, which are set forth in a prospectus supplement dated October 22, 2003 and are acceptable to Huff on the points addressed. Because of this, the court denied the motion as moot An issue presenting no real controversy. Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights. , and the remaining relief sought by Huff was denied, including Huff's request for an injunction pending appeal. Alestra filed a copy of its prospectus supplement dated October 22, 2003 and prospectus dated August 21, 2003, as supplemented, today with the SEC pursuant to Rule 424(b) of the Securities Act of 1933. You may obtain copies of Alestra's prospectus, prospectus supplements and transmittal documents for the offers and the solicitations from the Information Agent: D.F. King & Co., Inc., 48 Wall Street, New York, New York, 10005. Banks and brokers call collect: (212) 269-5550. All others call toll free: (800) 549-6697. This announcement and the cash tender offers, exchange offers, and consent solicitations which are the subject hereof are not being made in any jurisdiction in which, or to any person to whom, it is unlawful to make such announcement and/or cash tender offers, exchange offers and consent solicitations under applicable securities laws. This release shall not constitute an offer to sell or the solicitation of an offer to buy nor shall any sale of these securities in Mexico or in any U.S. state A U.S. state is any one of the fifty subnational entities of the United States, although four states use the official title "commonwealth". The separate state governments and the federal government share sovereignty, in that an American is a citizen both of the federal entity and or territory in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of Mexico and any such U.S. state or territory. This announcement shall not under any circumstances create any implication that the information contained herein is correct as of any time subsequent to the date hereof, or that there has been no change in the information set forth herein or in the affairs of Alestra or any of its affiliates since the date hereof. No indications of interest in the offers are sought by this press release. Alestra is a leading provider of competitive telecommunications services In telecommunication, the term telecommunications service has the following meanings: 1. Any service provided by a telecommunication provider. 2. in Mexico that it markets under the AT&T brand name and carries on its own network. Alestra offers domestic and international long distance services, data and internet services and local services. Any questions regarding the cash tender offers, exchange offers, the consent solicitations and the solicitation of acceptances to a U.S. prepackaged plan of reorganization may be addressed to Morgan Stanley Simon Morgan Simon Morgan (b. September 5 1966, Birmingham) was a footballer most famously playing for Fulham and Leicester. He also briefly represented England at Under 21 level. Morgan came from the city of Birmingham and his family were all supporters of Aston Villa. 1-212-761-2219 Heather Hammond 1-212-761-1893 THE FOLLOWING LEGENDS ARE INCLUDED AT THE REQUEST OF THE COMISION NACIONAL BANCARIA Y DE VALORES OF MEXICO FOR THE BENEFIT OF MEXICAN INVESTORS: THE INFORMATION CONTAINED IN THIS PRESS RELEASE IS THE EXCLUSIVE RESPONSIBILITY OF ALESTRA, S. DE R.L. DE C.V. AND DOES NOT REQUIRE THE AUTHORIZATION FROM THE COMISION NACIONAL BANCARIA Y DE VALORES. THE REGISTRATION IN THE SECCION ESPECIAL es·pe·cial adj. 1. Of special importance or significance; exceptional: an occasion of especial joy. 2. OF THE REGISTRO NACIONAL DE VALORES KEPT BY THE COMISION NACIONAL BANCARIA Y DE VALORES, DOES NOT IMPLY A CERTIFICATION AS TO THE QUALITY OF THE SECURITIES OR THE SOLVENCY OF ALESTRA, S. DE R.L. DE C.V. THE SECURITIES BEING OFFERED BY THE PROSPECTUS MENTIONED ABOVE, HAVE NOT BEEN REGISTERED IN THE SECCION DE VALORES OF THE REGISTRO NACIONAL DE VALORES, THUS MAY NOT BE PUBLICLY OFFERED OR EXCHANGED IN MEXICO. MEXICAN INVESTORS WHO ACQUIRE THESE SECURITIES OUTSIDE OF MEXICO, DO SO ON THEIR OWN RESPONSIBILITY |
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