EXHIBIT (A)(13)
Published on December 8, 2009
Exhibit
(a)(13)
EMERSON
EXTENDS TENDER OFFER FOR AVOCENT
ST. LOUIS, MO, December 7,
2009 -- Emerson (NYSE: EMR) announced today that it has extended its
tender offer to purchase all of the outstanding shares of common stock of
Avocent Corporation (NASDAQ: AVCT) to 5:00 p.m. Eastern Standard Time (EST) on
Thursday, December 10, 2009. The offer was previously scheduled to
expire at 5:00 p.m., EST, on December 7, 2009. All other terms and
conditions of the tender offer remain unchanged.
The
tender offer was extended pending the expiration or termination of the
applicable waiting period under the competition law of Hungary. The
conditions to the offer relating to the expiration or termination of the
applicable waiting period under the Hart-Scott Rodino Antitrust Improvements Act
of 1976 (or “HSR Act”) and the receipt of clearances under the competition laws
of Austria, Germany, and Ireland have been satisfied. The offer is
also subject to other conditions as described in Section 15 of Emerson’s Offer
to Purchase dated October 15, 2009.
On
October 15, 2009, Emerson commenced a tender offer to acquire all of the
outstanding shares of common stock of Avocent for $25.00 per share in cash,
without interest, less certain applicable taxes. The depositary for
the tender offer has advised Emerson that, as of 5:00 p.m., EST, on December 7,
2009, a total of approximately 42.5 million shares of Avocent common stock
(representing approximately 95% of Avocent’s outstanding shares of common stock)
had been tendered and not withdrawn, including approximately 2.0 million shares
tendered pursuant to a notice of guaranteed delivery.
About
Emerson
Emerson
(NYSE: EMR), based in St. Louis, Missouri (USA), is a global leader in bringing
technology and engineering together to provide innovative solutions to customers
through its network power, process management, industrial automation, climate
technologies, and appliance and tools businesses. Emerson’s sales in fiscal 2009
were $20.9 billion. Emerson is ranked 94th on the Fortune 500 list of
America’s largest companies. For more information, visit www.Emerson.com.
Additional
Information and Where to Find it
This
document is for informational purposes only and does not constitute an offer to
purchase or a solicitation of an offer to sell Avocent common stock. The tender
offer is being made pursuant to a tender offer statement on Schedule TO
(including the Offer to Purchase, Letter of Transmittal and other related tender
offer materials) filed by Emerson with the Securities and Exchange Commission
(SEC) on October 15, 2009. Avocent also has filed a solicitation/recommendation
statement on Schedule 14D-9 with respect to the offer. These materials, as they
may be amended from time to time, contain important information, including the
terms and conditions of the offer, that should be read carefully before any
decision is made with respect to the tender offer. Investors and security
holders may obtain a free copy of these materials by contacting the information
agent for the tender offer, Morrow & Co., LLC, at (800) 607-0088
(toll-free).