Reiterates support for all-cash offer from CPP Investment Board and
TORONTO, Nov. 23 /CNW/ - Livingston International Income Fund (TSX: LIV.UN) ("Livingston") today announced that the special meeting to consider the proposed acquisition of Livingston by Canada Pension Plan Investment Board and Sterling Partners (collectively "CPP/Sterling") has been postponed. The meeting will now take place on Friday, December 11, 2009, at 9:30 a.m. EST, instead of the originally scheduled date of Tuesday, November 24. As a result, the voting deadline has been extended to Wednesday, December 9, 2009 at 9:30 a.m. EST. However, the record date for the special meeting remains October 14, 2009 and the location remains the offices of Stikeman Elliott LLP, 199 Bay Street, Commerce Court West, in Toronto.
The postponement was requested by CPP/Sterling pursuant to the terms of the October 7, 2009 acquisition agreement between CPP/Sterling and Livingston. Livingston's board of trustees confirms its recommendation that unitholders vote in favour of the arrangement resolution in respect of the CPP/Sterling transaction that is set out in Appendix "B" to Livingston's Management Information Circular (the "Circular") dated October 28, 2009.
Further to the announcement by Mullen Group on Friday, November 20, 2009, Livingston confirms that Mullen Group has withdrawn its share-exchange proposal to acquire Livingston.
How to vote
If unitholders wish to attend and vote at the special meeting in person, they should contact their broker, securities dealer, trust company or other intermediary well in advance of the special meeting to obtain information on how to vote in person. Alternatively, unitholders should exercise their right to vote by following the instructions provided with the Circular or by otherwise following instructions provided by their broker or other intermediary. Unitholders are advised to provide their voting instructions via Internet, telephone or mail. Details are explained in the Circular under the heading "General Proxy Matters".
How to change a vote
Unitholders may change their vote submitted by Internet, telephone or mail by re-submitting voting instructions using the voting instruction form provided to them by their broker, securities dealer, trust company or other intermediary. If unitholders require a new copy of their voting instruction form, they should contact their broker, securities dealer, trust company or other intermediary. It is also possible to revoke or change previously submitted voting instructions given to a broker, securities dealer, trust company or other intermediary by simply providing written notice of such revocation or change to them.
For further information
Unitholders wishing further information or who have questions should contact Laurel Hill Advisory Group toll free in North America at 1-800-209-3068. Unitholders may also visit the Investors section of Livingston's web site at www.livingstonintl.com.
Certain statements in this release may be considered forward-looking statements, which reflect the board's and management's current beliefs and expectations and which involve assumptions about expected future events or results that are subject to inherent risks and uncertainties. There is significant risk that assumptions and other forward-looking statements will not prove to be accurate. Many factors could cause actual future results, conditions or events to differ materially from the results or outcomes expressed, including risks related to trade volumes, deterioration of economic conditions, currency and interest-rate volatility, the ability to meet credit facility covenants and borrowing limits, the continued availability of credit facilities and bonds, pandemics and regulatory and tax changes, among others. Furthermore, there can be no assurance that the CPP/Sterling transaction will receive all necessary consents and approvals or that the CPP/Sterling transaction or any other transaction will materialize. Investors are cautioned not to place undue reliance on assumptions or forward-looking statements.
Livingston International Income Fund is a trust that holds the securities of Livingston International Inc., a leading North American provider of customs, transportation and integrated logistics services. Headquartered in Toronto, Ontario, Livingston has approximately 2,500 employees located at some 100 key border points, seaports, airports and other strategic locations across Canada and the United States.
SOURCE LIVINGSTON INTERNATIONAL INCOME FUND
For further information: For further information: Dawneen MacKenzie, Vice-President, Public Affairs, 1-800-387-7582 ext. 3109, email@example.com