SAN JOSE, Calif. and BASEL, Switz. — Oct. 29, 2010 — Adobe Systems Incorporated (Nasdaq:ADBE) today announced the successful completion of the tender offer for all outstanding publicly held registered shares of Day Software Holding AG (SIX: DAYN, OTCQX: DYIHY).
By the end of the additional acceptance period of the offer, 1,550,863 Day shares were tendered into the offer. Including the 35 Day shares held by Day or any of its subsidiaries and the 27,319 Day shares acquired by Adobe after the offer period outside of the offer, at the end of the additional acceptance period, Adobe would have held 98.84 percent of all Day shares and voting rights issued and outstanding as of that time.
Payment of the offer price for all validly tendered shares has been made in accordance with the terms of the tender offer. Since, at the end of the additional acceptance period, Adobe’s participation amounted to more than 98 percent of all voting rights of Day, Adobe will, as announced in the offer prospectus and the interim result of the offer, request the cancellation of all Day shares not directly or indirectly held by Adobe at the end of the additional acceptance period pursuant to applicable Swiss law and file a request with SIX Swiss Exchange for the delisting of the Day shares.
With the acquisition now completed, Day will operate as a new product line within Adobe’s Digital Enterprise Solutions Business Unit, with Day Chief Executive Officer Erik Hansen reporting directly to Rob Tarkoff, senior vice president and general manager.
“The completion of Adobe’s acquisition of Day puts us on our path to deliver best-in-class customer experience management solutions to enterprises,” said Tarkoff. “Exciting opportunities lie ahead as we give our customers the ability to transform customer experiences, supporting our vision of the Web as the hub of customer interaction. We couldn’t be more excited about the fit of Day’s products in our enterprise portfolio and working toward our vision with the Day team.”
The combination of Adobe’s customer experience management offerings combined with Day’s capabilities will create the leading platform for designing, building, and optimizing customer experiences across all channels including Web, mobile, social and in-store interaction. Leading organizations currently using Day solutions include: Volkswagen, Daimler, BMW, Gap, General Motors, Nissan, Williams Sonoma, John Lewis, Skype, Lufthansa, UBS, Hyatt, Intercontinental Hotels Group, McDonalds, Newsweek, MTV, Kellogg’s and the World Bank.
“With our 71 percent total revenue growth year over year for the three month period ended Sept. 30, 2010, the need for Day’s innovative Web Content Management capabilities is clear,” said Erik Hansen, chief executive officer, Day Software. “The opportunities are immense in the rapidly growing market of customer experience management, making it an exciting time to join Adobe. Together, we can deliver advanced capabilities for providing the most engaging customer experiences online.”
The offer prospectus, as well as other information concerning the offer, is available at http://www.adobe.com/aboutadobe/invrelations/dayacquisition.html.
Forward-Looking Statements Disclosure
This press release includes forward-looking statements, within the meaning of the Private Securities Litigation Reform Act of 1995, that are subject to risks, uncertainties and other factors, including risks and uncertainties related to Adobe’s ability to successfully integrate the products and employees of Adobe and Day, as well as the ability to ensure continued performance or market growth of Day’s products. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including statements regarding: the anticipated benefits of the transaction to Adobe; the continued performance of Day’s products; the anticipated financial impact of the transaction to Adobe; any statements of expectation or belief; and any statements of assumptions underlying any of the foregoing. These risks, uncertainties and other factors, and the general risks associated with Adobe’s business, could cause actual results to differ materially from those referred to in the forward-looking statements. The reader is cautioned not to rely on these forward-looking statements. All forward-looking statements are based on information currently available to Adobe and are qualified in their entirety by this cautionary statement. Adobe does not assume any obligation to update any such forward-looking statements or other statements included in this press release.
About Adobe Systems Incorporated
Adobe is changing the world through digital experiences. For more information, visit www.adobe.com.
About Day
Day Software is the Enterprise Content Management (ECM) pioneer that leading global enterprises rely on for their Web 2.0 content application and content infrastructure needs. Day’s CRX is the industry’s leading Java Content Repository (JCR) that provides unique virtualization services to consolidate legacy repositories and unique cloud computing services to lower IT operational costs. Day’s CQ5 provides industry-leading Web Content Management, Digital Asset Management, and Social Collaboration in a single, unified suite and won the 2009 InfoWorld Technology of the Year Award for “Best Web CMS.”