SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13E-4
ISSUER TENDER OFFER STATEMENT
(Pursuant to Section 13(e)(1) of the Securities Exchange Act of 1934)
FINAL AMENDMENT
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THE MEXICO EQUITY AND INCOME FUND, INC.
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(Name of Issuer)
THE MEXICO EQUITY AND INCOME FUND, INC.
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(Name of Person Filing Statement)
COMMON STOCK ($0.001 PAR VALUE)
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(Title of Class of Securities)
592834105
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(CUSIP Number of Class of Securities)
Alan H. Rappaport, Chairman
The Mexico Equity & Income Fund, Inc.
World Financial Center, 200 Liberty Street
New York, New York 10281
(212) 667-5000
Copy to:
Laurence E. Cranch, Esq.
Leonard B. Mackey, Jr., Esq.
Rogers & Wells LLP
200 Park Avenue
New York, New York 10166
(212) 878-8000
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(Name, Address and Telephone Number of Person Authorized to Receive Notices and
Communications on Behalf of the Person Filing Statement)
Monday, April 13, 1999
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(Date Tender Offer First Published, Sent or Given to Security Holders)
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Transaction Valuation: Amount of Filing Fee:
$ 8,975,380 (a) $1,796 (b)
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(a) Calculated as the aggregate maximum purchase price to be paid for 1,182,527
shares, based upon a price of $7.59 (90% of the net asset value per share
of $8.43 on April 1, 1999).
(b) Calculated as 1/50th of 1% of the Transaction Valuation. Paid with the
filing of the Schedule 13E-4 on April 13, 1999.
[ ] Check box if any part of the fee is offset as provided by Rule 0-11(a)(2)
and identify the filing with which the offsetting fee was previously paid.
Identify the previous filing by registration statement number, or the Form
or Schedule and the date of its filing.
Amount Previously Paid: ___________________
Form or Registration No.: _________________
Filing Party: _____________________________
Date Filed: ______________________________
<PAGE>
This Final Amendment to the Issuer Tender Offer Statement on Schedule
13E-4 (the "Statement") of The Mexico Equity and Income Fund, Inc. (the "Fund")
relates to the Fund's offer to purchase (the "Offer") up to 10% of each
Shareholder's shares of common stock of the Fund, par value $0.001 per share
(the "Shares") at a price per Share equal to 90% of the Fund's net asset value
per share as of 5:00 p.m., New York City time, on May 14, 1999. The Statement
was originally filed with the Securities and Exchange Commission on April 13,
1999. This Final Amendment amends such Statement to disclose the following
information in accordance with Rule 13e-4(c)(3) of the Securities and Exchange
Act of 1934, as amended, and General Instruction D of Schedule 13E-4.
The Offer expired at 5:00 p.m. on May 14, 1999. Pursuant to the Offer,
463,179 Shares were validly tendered and accepted by the Fund for purchase at a
price of $9.01 per Share, representing 90% of the Fund's net asset value per
share of $10.01 on May 14, 1999. The aggregate purchase price paid by the Fund
for the Shares purchased pursuant to the Offer was $4,173,243.
ITEM 9. MATERIAL TO BE FILED AS EXHIBITS
The following material is hereby filed as additional exhibits to the
Fund's Statement on Schedule 13E-4:
(a)(7) Text of Press Release, dated May 17, 1999.
(a)(8) Text of Press Release, dated May 20, 1999.
After due inquiry and to the best of my knowledge and belief, I certify
that the information set forth in this Statement is true, complete and correct.
The Mexico Equity and Income Fund, Inc.
By: /s/ Alan H. Rappaport
Name: Alan H. Rappaport
Title: Chairman
Date: May 25, 1999
EXHIBIT INDEX
Exhibit No. Description
(a)(1)* Letter to Shareholders, dated April 12, 1999
(a)(2)* Offer, dated April 12, 1999
(a)(3)* Letter of Transmittal to Holders of Common Stock
(a)(4)* Letter to Brokers, Dealers, Commercial Banks, Trust
Companies and Other Nominees.
(a)(5)* Letter to Clients and Client Letter of Instructions
to Holder of Record of Client Shares.
(a)(6)* Notice of Guaranteed Delivery
(a)(7)** Text of Press Release, dated May 17, 1999
(a)(8)** Text of Press Release, dated May 20, 1999
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* Previously filed
** Filed herewith
Exhibit (a)(7)
For Immediate Release
THE MEXICO EQUITY AND INCOME FUND, INC.
ANNOUNCES COMPLETION OF TENDER OFFER
NEW YORK, May 17, 1999 - The Mexico Equity and Income Fund, Inc. (the
"Fund") today announced the expiration of a tender offer for up to 10% of each
Shareholder's shares of common stock of the Fund. The offer was for cash at a
price equal to 90% of the Fund's net asset value per share as determined on May
14, 1999 upon the terms and conditions set forth in the Fund's Issuer Tender
Offer Statement and the related Letter of Transmittal. The deadline for
participating in the offer was 5:00 p.m., New York City time, May 14, 1999. The
number of shares validly tendered and accepted pursuant to the tender offer will
be announced at a later date.
The Board of Directors approved the tender offer and a share repurchase
program at a special meeting of the Board held on March 5, 1999. The Board
indicated that it was approving these programs to address the discount to net
asset value at which the Fund's shares have traded and to create value for the
Fund's shareholders.
The Fund is a closed-end management investment company that seeks high
total return through capital appreciation and current income by investing
primarily in equity and convertible debt securities issued by Mexican companies
and debt securities of Mexican issuers. The Fund is traded on the New York Stock
Exchange under the trading symbol "MXE". The Fund's U.S. Co-Adviser, Advantage
Advisers, Inc., is a subsidiary of CIBC Oppenheimer Corp. Acci Worldwide, S.A.
de C.V. is the Mexican Adviser to the Fund. Periodically updated information on
the Fund can be obtained by calling the Fund's dedicated telephone line.
Information provided includes a recorded update reviewing the Fund's top issues,
net asset value, performance and other information. The Fund's toll free number
is (800) 421-4777.
ANY QUESTIONS OR REQUESTS FOR ASSISTANCE WITH RESPECT TO THE TENDER
OFFER MAY BE DIRECTED TO D.F. KING & CO., INC., THE INFORMATION AGENT FOR THE
OFFER, TOLL FREE AT (800) 848-2998 OR COLLECT AT (212) 269-5550.
Contacts: Carmine E. Angone, Advantage Advisers, Inc. (212) 667-5369
Maureen Seaman, Advantage Advisers, Inc. (212) 667-5015
<PAGE>
Exhibit (a)(8)
For Immediate Release
THE MEXICO EQUITY AND INCOME FUND, INC.
ANNOUNCES FINAL RESULTS OF TENDER OFFER
NEW YORK, May 20, 1999 - The Mexico Equity and Income Fund, Inc. (the
"Fund") today announced that 463,179 shares of the Fund's common stock were
validly tendered pursuant to the Fund's tender offer for up to 10% of each
Shareholder's shares of common stock which terminated on May 14, 1999. The Fund
had 11,825,273 shares outstanding at the commencement of the offer. The offer
was for cash at a price equal to 90% of the Fund's net asset value per share as
determined on May 14, 1999 upon the terms and conditions set forth in the Fund's
Issuer Tender Offer Statement and the related Letter of Transmittal.
The Fund announced that it will accept for tender validly tendered
shares at a purchase price equal to $9.01 per share, representing 90% of the
Fund's net asset value per share of $10.01 on May 14, 1999. Shareholders who
chose to participate in the offer can expect to receive payment for shares
tendered and accepted on or before May 24, 1999.
The Board of Directors approved the tender offer and a share repurchase
program at a special meeting of the Board held on March 5, 1999. The Board
indicated that it was approving these programs to address the discount to net
asset value at which the Fund's shares have traded and to create value for the
Fund's shareholders.
The Fund is a closed-end management investment company that seeks high
total return through capital appreciation and current income by investing
primarily in equity and convertible debt securities issued by Mexican companies
and debt securities of Mexican issuers. The Fund is traded on the New York Stock
Exchange under the trading symbol "MXE". The Fund's U.S. Co-Adviser, Advantage
Advisers, Inc., is a subsidiary of CIBC World Markets Corp. Acci Worldwide, S.A.
de C.V. is the Mexican Adviser to the Fund.
Periodically updated information on the Fund can be obtained by calling
the Fund's dedicated telephone line. Information provided includes a recorded
update reviewing the Fund's top issues, net asset value, performance and other
information. The Fund's toll free number is (800) 421-4777.
ANY QUESTIONS OR REQUESTS FOR ASSISTANCE WITH RESPECT TO THE TENDER
OFFER MAY BE DIRECTED TO D.F. KING & CO., INC., THE INFORMATION AGENT FOR THE
OFFER, TOLL FREE AT (800) 848-2998 OR COLLECT AT (212) 269-5550.
Contacts: Carmine E. Angone, Advantage Advisers, Inc. (212) 667-5369
Maureen Seaman, Advantage Advisers, Inc. (212) 667-5015
