SINGAPORE — SAP AG (NYSE: SAP) today announced that it has obtained approval from the European Commission for the acquisition of Sybase, Inc. Approval of the acquisition from the European Commission satisfied the final regulatory condition to the cash tender offer for all outstanding shares of common stock of Sybase by Sheffield Acquisition Corp., a wholly-owned subsidiary of SAP, which is scheduled to expire at 9:00 p.m., New York City time, on Monday, July 26, 2010.
The tender offer is being made pursuant to an Offer to Purchase, dated May 26, 2010, as amended, and in connection with the Agreement and Plan of Merger, dated May 12, 2010, by and among SAP America, Inc., Sheffield Acquisition Corp. and Sybase, which SAP and Sybase announced on May 12, 2010.
Additional Information and Where to Find It
This press release is neither an offer to purchase nor a solicitation of an offer to sell securities. The tender offer is being made pursuant to a tender offer statement (including an offer to purchase, letter of transmittal and related tender offer documents), which was filed by SAP, SAP America, Inc. and Sheffield Acquisition Corp. with the U.S. Securities and Exchange Commission (the “SEC”) on May 26, 2010. In addition, on May 26, 2010, Sybase filed a solicitation/recommendation statement on Schedule 14D-9 with the SEC related to the tender offer.
Stockholders of Sybase are strongly advised to read the tender offer statement and the related solicitation/recommendation statement, and all amendment thereto, because they contain important information that stockholders should consider before making any decision regarding tendering their shares. The tender offer statement and certain other offer documents, as well as the solicitation/recommendation statement, will be made available to all stockholders of Sybase at no expense to them. These documents are available at no charge on the SEC’s website at www.sec.gov. The tender offer statement and related materials may be obtained for free by directing a request by mail to the information agent for the tender offer, Mackenzie Partners, Inc., 105 Madison Avenue, New York, New York 10016 or by calling toll-free (800) 322-2885.