The ATS offer has been extended to 11:59 pm, New York City time on Friday October 27, 2006, subject to potential further extension at the discretion of ATS.
ATS has filed a preliminary consent statement with the Securities and Exchange Commission (SEC). EPL has set October 17, 2006 as the record date for determining the stockholders entitled to consent to action in writing without a meeting.
Once the consent statement has been declared effective by the SEC, ATS intends to solicit the consent of EPL stockholders to adopt the ATS proposals. The consent of a majority of the outstanding shares held by EPL stockholders is needed to replace all of the existing members of the EPL board with the individuals who will be named in the consent statement.
At the close of business on October 19, 2006 there had been 63,411 shares tendered.
The complete terms and conditions of the offer are set forth in the Offer to Purchase and related Letter of Transmittal, copies of which are available by contacting the Information Agent for the offer, Innisfree M&A Incorporated. Stockholders may call toll-free: 877-456-3427; banks and brokers may call collect: 212-750-5833.
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