FX Energy, Inc. (FXEN) (the “Company”) today announced that Kiwi Acquisition Corp. (“Merger Sub”), a wholly-owned subsidiary of ORLEN Upstream Sp. z o.o. (“ORLEN Upstream”), has extended the expiration of its previously announced tender offer (the “Tender Offer”) for all outstanding shares of common stock of the Company. The Tender Offer is being made pursuant to an Offer to Purchase dated October 27, 2015 (the “Offer to Purchase”) and under the terms and conditions of the previously announced Agreement and Plan of Merger dated as of October 13, 2015 CET (October 12, 2015 MST) (the “Merger Agreement”) among the Company, ORLEN Upstream and Merger Sub.
The Tender Offer, previously scheduled to expire at 12:01 a.m., Eastern Time, on Wednesday, November 25, 2015, will now expire at 12:01 a.m., Eastern Time, on Saturday, December 5, 2015 (unless further extended in accordance with the terms of the Merger Agreement). The Tender Offer is being extended to allow for limited expedited discovery and to accommodate the Court’s calendar in a putative class action lawsuit (Richards v. FX Energy, Inc. et al.) originally filed on October 19, 2015 on behalf of stockholders of the Company in the Eighth Judicial District Court of Clark County, Nevada against the Company, each member of the board of directors of the Company, ORLEN Upstream and Merger Sub, as disclosed in the Solicitation/Recommendation Statement on Schedule 14D-9 (as amended, the “Schedule 14D-9”) relating to the Tender Offer filed by the Company with the Securities and Exchange Commission (the “SEC”). Except for the extension of the Tender Offer, all other terms and conditions of the Tender Offer remain unchanged.
ABOUT FX ENERGY
FX Energy is an independent oil and gas exploration and production company with production in the US and Poland. The Company’s main exploration and production activity is focused on Poland’s Permian Basin where the gas-bearing Rotliegend sandstone is a direct analog to the Southern Gas Basin offshore England. The Company trades on the NASDAQ Global Select Market under the symbol FXEN. Website www.fxenergy.com.