NEW YORK, Dec. 4, 2012 /PRNewswire/ -- Icahn
Enterprises Holdings LP today announced that its tender offer for
Oshkosh Corporation (NYSE: OSK) at $32.50 per share, expired at 12:00 midnight,
New York City time, on
December 3, 2012. Approximately
22% of the shares were tendered. No shares were purchased,
and all shares previously tendered and not withdrawn will be
promptly returned.
Mr. Icahn stated: "We have said in a number of
communications to shareholders since the outset of this tender
offer that we would not extend our offer unless at least 25% of the
outstanding shares are tendered in the offer. Therefore, we
are returning all tendered shares and we will not extend the
offer."
Attached hereto is the tally of the depositary to the offer
showing shares tendered as of the expiration date of the
offer.
Program: CG3101R54/CG3101P5-T
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COLSTAR
- TENDER/ELECTION REGISTER REPORT
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Page:
1
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Run
Date: 12/03/2012
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YOSH1
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** LIVE
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OSH: OSHKOSH CORPORATION
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**
LIVE
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CBSULLIL
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Run
Time: 17:25:32
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Batch:
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1
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Thru Batch:
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79999
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ELECTION TYPE:
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BATCH
ITEM
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ACCOUNT NUMBER
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ALPHA
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PART #
& NAME
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CERTIFICATE
SEQ# PREFX
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NUMBER
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ELECTION
CODE SUB
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TENDERED
CERT
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TENDERED
BOOK
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TOTAL
TENDERED
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* ELECTION
TOTAL
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RECORDS:
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317
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4,335
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20,318,284
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20,322,619
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* *
* REPORT TOTAL
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RECORDS:
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317
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4,335
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20,318,284
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20,322,619
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* * *
END OF REPORT * * *
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NOTICE TO INVESTORS
SECURITY HOLDERS ARE ADVISED TO READ THE PROXY STATEMENT AND
OTHER DOCUMENTS RELATED TO THE SOLICITATION OF PROXIES BY
Carl C. Icahn, WILLIAM M. LASKY, JOSE
MARIA ALAPONT, WILLIAM A.
LEIDESDORF, DANIEL A.
NINIVAGGI, MARC F. GUSTAFSON,
JAMES COWAN, JAMES L. NELSON, JACK G.
WASSERMAN, A.B. KRONGARD,
KEITH COZZA, SUNGHWAN CHO, HUNTER
GARY, ICAHN VEHICLES SUB LLC, HIGH RIVER LIMITED
PARTNERSHIP, HOPPER INVESTMENTS LLC, BARBERRY CORP., ICAHN Partners
LP, Icahn Partners Master Fund LP, Icahn Partners Master Fund II
L.P., Icahn Partners Master Fund III L.P., Icahn Enterprises G.P.
Inc., Icahn Enterprises Holdings L.P., IPH GP LLC, Icahn Capital
L.P., Icahn Onshore LP, Icahn Offshore LP, Beckton Corp. AND
CERTAIN OF THEIR RESPECTIVE AFFILIATES FROM THE STOCKHOLDERS OF
OSHKOSH CORPORATION FOR USE AT ITS 2013 ANNUAL MEETING WHEN THEY
BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION,
INCLUDING INFORMATION RELATING TO THE PARTICIPANTS IN SUCH PROXY
SOLICITATION. WHEN COMPLETED, A DEFINITIVE PROXY STATEMENT
AND A FORM OF PROXY WILL BE MAILED TO STOCKHOLDERS OF OSHKOSH
CORPORATION AND WILL ALSO BE AVAILABLE AT NO CHARGE AT THE
SECURITIES AND EXCHANGE COMMISSION'S WEBSITE AT
HTTP://WWW.SEC.GOV. INFORMATION RELATING TO THE PARTICIPANTS
IN A POTENTIAL PROXY SOLICITATION IS CONTAINED IN THE PRELIMINARY
PROXY STATEMENT FILED BY MR. ICAHN AND CERTAIN OF HIS AFFILIATES
WITH THE SECURITIES AND EXCHANGE COMMISSION ON NOVEMBER 28, 2012.
THIS FILING IS NEITHER AN OFFER TO PURCHASE NOR A SOLICITATION
OF AN OFFER TO SELL SECURITIES. THE OFFER TO BUY SHARES OF
OSHKOSH CORPORATION (THE "COMPANY") COMMON STOCK WAS MADE PURSUANT
TO AN OFFER TO PURCHASE AND RELATED MATERIALS THAT IEP VEHICLES SUB
LLC, ("OFFEROR"), AN INDIRECTLY WHOLLY OWNED SUBSIDIARY OF ICAHN
ENTERPRISES HOLDINGS LP, AS CO-BIDDER, FILED WITH THE SECURITIES
AND EXCHANGE COMMISSION (THE "SEC") ON OCTOBER 17, 2012. ON OCTOBER 17, 2012, THE OFFEROR AND CO-BIDDER ALSO
FILED A TENDER OFFER STATEMENT ON SCHEDULE TO WITH THE SEC RELATING
TO THE OFFER. THE TENDER OFFER STATEMENT (INCLUDING AN OFFER TO
PURCHASE, A RELATED LETTER OF TRANSMITTAL AND OTHER OFFER
DOCUMENTS) CONTAIN, AND THE SOLICITATION/RECOMMENDATION STATEMENT
FILED BY THE COMPANY WITH THE SEC ON OCTOBER
26, 2012, CONTAINS, IMPORTANT INFORMATION THAT SHOULD BE
READ CAREFULLY AND CONSIDERED BEFORE ANY DECISION IS MADE WITH
RESPECT TO THE TENDER OFFER. THE TENDER OFFER MATERIALS WERE SENT
FREE OF CHARGE TO ALL STOCKHOLDERS OF THE COMPANY ON OR ABOUT
OCTOBER 17, 2012. ALL OF THESE
MATERIALS (AND ALL OTHER MATERIALS FILED BY THE OFFEROR OR THE
COMPANY WITH THE SEC) ARE AVAILABLE AT NO CHARGE FROM THE SEC
THROUGH ITS WEBSITE AT WWW.SEC.GOV. INVESTORS AND SECURITY
HOLDERS MAY ALSO OBTAIN FREE COPIES OF THE DOCUMENTS FILED WITH THE
SEC BY DIRECTING A REQUEST TO D.F. KING & CO., INC. BY MAIL TO
48 WALL STREET, 22ND FLOOR, NEW YORK, NEW
YORK 10005, OR BY CALLING TOLL-FREE (800) 347-4750 OR (212)
269-5550.
SOURCE Icahn Enterprises Holdings LP