Page 14 of 16 – SEC Filing
Item 12. Exhibits
Item 1016(a), (b), (d), (g) and (h) of Regulation M-A
(a)(1)(i) Offer to Purchase, dated September 26, 2016. (a)(1)(ii) Form of Letter of Transmittal. (a)(1)(iii) Form of Notice of Guaranteed Delivery. (a)(1)(iv) Form of Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees. (a)(1)(v) Form of Letter to Clients for use by Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees. (a)(1)(vi) Form of summary advertisement, published on September 26, 2016, in The New York Times. (a)(5)(i) Letter dated February 28, 2016 to the Board of Directors of the Company (incorporated by reference to Exhibit 1 to the Schedule 13D amendment filed by the Company with the Securities and Exchange Commission on February 29,
2016). (a)(5)(ii) Letter dated June 17, 2016 to the Board of Directors of the Company (incorporated by reference to Schedule 13D amendment filed by the Company with the Securities and Exchange Commission on June 20, 2016). (a)(5)(iii) Joint Press Release issued by Icahn Enterprises L.P. and the Company on September 6, 2016 (incorporated by reference to the Schedule TO-C filed by Parent and the Offeror with the Securities and Exchange Commission on February 29,
2016). (a)(5)(iv) Press Release issued by Icahn Enterprises L.P. on September 26, 2016. (b) None. (d)(1) Agreement and Plan of Merger, dated September 6, 2016, by and among Parent, the Offeror and the Company (incorporated by reference to Exhibit 2.1 to Icahn Enterprises L.P.s Current Report on Form 8-K filed with the SEC on
September 7, 2016. (g) None. (h) None.
Item 12. Exhibits
Item 1016(a), (b), (d), (g) and (h) of Regulation M-A
| (a)(1)(i) | Offer to Purchase, dated September 26, 2016. | |
| (a)(1)(ii) | Form of Letter of Transmittal. | |
| (a)(1)(iii) | Form of Notice of Guaranteed Delivery. | |
| (a)(1)(iv) | Form of Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees. | |
| (a)(1)(v) | Form of Letter to Clients for use by Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees. | |
| (a)(1)(vi) | Form of summary advertisement, published on September 26, 2016, in The New York Times. | |
| (a)(5)(i) | Letter dated February 28, 2016 to the Board of Directors of the Company (incorporated by reference to Exhibit 1 to the Schedule 13D amendment filed by the Company with the Securities and Exchange Commission on February 29, 2016). | |
| (a)(5)(ii) | Letter dated June 17, 2016 to the Board of Directors of the Company (incorporated by reference to Schedule 13D amendment filed by the Company with the Securities and Exchange Commission on June 20, 2016). | |
| (a)(5)(iii) | Joint Press Release issued by Icahn Enterprises L.P. and the Company on September 6, 2016 (incorporated by reference to the Schedule TO-C filed by Parent and the Offeror with the Securities and Exchange Commission on February 29, 2016). | |
| (a)(5)(iv) | Press Release issued by Icahn Enterprises L.P. on September 26, 2016. | |
| (b) | None. | |
| (d)(1) | Agreement and Plan of Merger, dated September 6, 2016, by and among Parent, the Offeror and the Company (incorporated by reference to Exhibit 2.1 to Icahn Enterprises L.P.s Current Report on Form 8-K filed with the SEC on September 7, 2016. | |
| (g) | None. | |
| (h) | None. | |
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