AGL Resources Inc. (ticker: AGL, exchange: New York Stock Exchange (.N))
News Release -
12-Oct-2004
AGL Resources and NUI Corporation Settle Shareholder Lawsuit; Decision to Settle Case Based on Companies' Desire to Remove Uncertainty ATLANTA--Oct. 12, 2004--AGL Resources (NYSE: ATG)
and NUI Corporation (NYSE: NUI) have reached an agreement in principle
with Green Meadows Partners, LLP to settle litigation relating to a
shareholder class action complaint filed September 2, 2004. The
complaint was filed by Green Meadows Partners, LLP, on behalf of
itself and all others similarly situated, in a civil action against
NUI Corporation, its board of directors, and AGL Resources Inc.
Although AGL Resources believes that the complaint is without
merit, the Company also believes that litigation could delay and
create uncertainty as to its ability to consummate its acquisition of
NUI Corporation, and that such delay and uncertainty are not in the
best interests of AGL Resources and its shareholders.
The settlement calls for NUI Corporation to provide certain
additional information and disclosures to shareholders, as reflected
in the "Additional Disclosure" section of NUI's proxy statement
supplement, filed today with the Securities and Exchange Commission.
In addition, as part of the settlement, NUI Corporation and AGL
Resources will consent to a settlement class that consists of persons
holding shares of NUI common stock at any time from July 15, 2004
until the date on which the acquisition is consummated, and AGL
Resources will pay plaintiff's attorney's fees and costs in the amount
of $285,000, with payment of such fees subject to final court approval
of the settlement and such fees and costs, and consummation of the
acquisition. No part of these attorney's fees or costs will be paid
out of monies that would otherwise have been paid to NUI's
shareholders.
The settlement is contingent upon final court approval and the
consummation of the acquisition of NUI Corporation by AGL Resources.
About AGL Resources
AGL Resources (NYSE: ATG) is an Atlanta-based energy services
holding company, and was named 2003 Gas Company of the Year by Platts
Global Energy Awards. Its utility subsidiaries - Atlanta Gas Light,
Virginia Natural Gas and Chattanooga Gas - serve approximately 1.8
million customers in three states. Houston-based subsidiary, Sequent
Energy Management, provides natural gas asset management and producer
services. As a member of the SouthStar partnership, AGL Resources
markets natural gas to consumers in Georgia under the Georgia Natural
Gas brand. As of October 1, 2004, AGL Resources' subsidiary, Pivotal
Jefferson Island Storage & Hub, operates a storage and hub facility in
Erath, Louisiana. AGL Networks, the company's telecommunications
subsidiary, owns and operates fiber optic networks in Atlanta and
Phoenix. For more information, visit www.aglresources.com.
Forward-Looking Statements
This press release contains forward-looking statements. Company
management cautions readers that the assumptions that form the basis
for the forward-looking statements include many factors that are
beyond company management's ability to control or estimate precisely.
Those factors include, but are not limited to, the following: changes
in industrial, commercial, and residential growth in the company's
service territories and those of the company's subsidiaries; changes
in price and demand for natural gas and related products; impact of
changes in state and federal legislation and regulation, including
various orders of the state public service commissions and the Federal
Energy Regulatory Commission, on the gas and electric industries and
on the company, including the impact of Atlanta Gas Light's
performance based rate plan; effects and uncertainties of deregulation
and competition, particularly in markets where prices and providers
historically have been regulated, unknown risks related to
nonregulated businesses, and unknown issues such as the stability of
certificated marketers; impact of Georgia's Natural Gas Consumers'
Relief Act of 2002; concentration of credit risk in certificated
marketers and the company's wholesale services segment's
counterparties; excess network capacity and demand/growth for dark
fiber in metro network areas of AGL Networks' customers; AGL Networks'
introduction and market acceptance of new technologies and products,
as well as the adoption of new networking standards; ability of AGL
Networks to produce sufficient capital to fund its business; ability
to negotiate new contracts with telecommunications providers for the
provision of AGL Networks' dark-fiber services; industry
consolidation; performance of equity and bond markets and the impact
on pension and postretirement funding costs; changes in accounting
policies and practices issued periodically by accounting
standard-setting bodies; direct or indirect effects on the company's
business, financial condition or liquidity resulting from a change in
the company's credit ratings or the credit ratings of the company's
competitors or counterparties; interest rate fluctuations, financial
market conditions, and general economic conditions; uncertainties
about environmental issues and the related impact of such issues;
impact of changes in weather upon the temperature-sensitive portions
of the company's business; impact of litigation; impact of changes in
prices on the margins achievable in the unregulated retail gas
marketing business; impact of acquisitions and divestitures, including
(1) the risk that acquired businesses will not be integrated
successfully with our existing business or such integration may be
more difficult, time-consuming or costly than expected, (2) expected
revenue synergies, strategies and/or cost savings from acquisitions
may not be fully realized or realized within the expected time frame,
and (3) revenues following the our acquisitions may be lower than
expected; and other risks described in the company's documents on file
with the Securities and Exchange Commission.
CONTACT: Financial
Steve Cave, 404-584-3801
or
Media
Nick Gold, 404-584-3457 or 404-275-9501
SOURCE: AGL Resources
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