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Paris, February 21, 2006
Vivendi Universal to Extend Approval Deadline and Make Early Consent
Payment in Connection with Pending Request to Amend the Deposit Agreement for
American Depositary Receipts (ADRs)
Vivendi Universal announces that it is extending the approval deadline in
connection with its pending proposal to amend its ADR deposit agreement from
March 6, 2006 to April 27, 2006 and that it will be making an early consent
payment of $0.10 per American Depositary Share (ADS) to ADR owners who give
their approval by April 14, 2006.
Owners of ADRs entitled to receive the
consent payment are those owners holding ADRs as of the record date previously
established of January 24, 2006 who give (or have already given) and do not
rescind their approval to the amendments by April 14, 2006.
Vivendi
Universal will continue to accept approvals up to a final deadline scheduled for
April 27, 2006, but owners of ADRs who do not give their approval, or who give
their approval after April 14, 2006, are not entitled to receive the early
consent payment. In consideration of the early consent payment, approvals given
and not rescinded by April 14, 2006 become irrevocable on that date up to the
final approval deadline.
Payment of the early consent payment is subject
to final approval of the amendments by owners holding ADRs evidencing at least a
majority of the ADSs as of the record date and will be paid in early May
2006. The amendments are requested to facilitate the termination of the ADR
deposit agreement and delisting from the New York Stock Exchange, and to
terminate, when possible, Vivendi Universal’s registration under the US
Securities Exchange Act of 1934. If the registration is terminated, Vivendi
Universal estimates that the annual registration cost savings would represent
approximately €17 million beginning in 2007.
The Supervisory and
Management Boards of Vivendi Universal recommend approval of the
amendments.
Updated Timetable
Below is the expected timetable, adjusted to give effect to the extension of
the approval deadline. The timetable assumes final approval of the amendments
and is subject to change.
| January 24,
2006 |
Record date for written approval
request |
| April 14, 2006 |
Early approval deadline -
Last day written approval may be given in order to receive
the early consent payment of $0.10 per ADS
|
| April 27, 2006 |
Final approval
deadline
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| April 28, 2006 |
Upon instruction of
Vivendi Universal, The Bank of New York to provide
Notice that Deposit Agreement will be terminated on August 3, 2006 |
| May 3, 2006 |
Record date of ADRs as of close of business for regular
fiscal 2005 dividend payment |
| May 19, 2006 |
Last day that The Bank of
New York will issue new ADRs Holders may continue to cancel ADRs for
underlying Vivendi Universal ordinary shares Holders may continue to sell
ADSs over the NYSE |
| August 3, 2006 |
Deposit Agreement is terminated as of
5:00 p.m. New York time
Last day of trading of ADSs over
the NYSE |
| August 28, 2006 |
Expiration of Exchange
Period – Last day for holders of ADRs to cancel ADRs for underlying
ordinary shares
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Important
disclaimer: This document contains
'forward-looking statements' as that term is defined in the Private Securities
Litigation Reform Act of 1995. Such forward-looking statements are not
guarantees of future performance. Actual results may differ materially from the
forward-looking statements and business strategy as a result of a number of
risks and uncertainties, many of which are outside our control, including but
not limited to, the risk that: Vivendi Universal will not obtain the majority
approval from ADR holders to amend certain provisions of the ADR deposit
agreement, as well as the risks described in the documents Vivendi Universal has
filed with the U.S. Securities and Exchange Commission and with the French
Autorité des Marchés Financiers (www.amf-france.org
). Investors and
security holders may obtain a free copy of documents filed by Vivendi Universal
with the U.S. Securities and Exchange Commission at www.sec.gov or directly from Vivendi
Universal. Vivendi Universal does not undertake to provide, nor has any
obligation to provide, update or revise forward-looking statements.
For further information, please
contact
:
Media
New
York Flavie Lemarchand-Wood +(1)
212.572.1118
Paris Antoine Lefort +33 (0) 1 71 71
11 80 Agnès Vétillart +33 (0) 1 71 71 30 82 Alain Delrieu +33 (0) 1
71 71 10 86
Investor Relations
New
York Eileen McLaughlin +(1)
212.572.1334
Paris Daniel Scolan +33 (0) 171 71 32
91 Laurence Daniel +33 (0) 171 71 12 33 Edouard Lassalle +33 (0) 171
71 30 45
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