RAINFOREST CAFE INC
SC 14D9/A, EX-99.E(9), 2000-10-11
EATING PLACES
Previous: RAINFOREST CAFE INC, SC 14D9/A, 2000-10-11
Next: ALABAMA NATIONAL BANCORPORATION, S-8, 2000-10-11



<PAGE>   1

Exhibit (e)(9)

Rainforest Cafe Provides Update on Proposed Acquisition: Board Considers "SWIB"
Requests

Minneapolis--October 10, 2000--Rainforest Cafe Inc. (NASDAQ: "RAIN") today
responded to recent SEC filings made by the State of Wisconsin Investment Board
("SWIB").

"We had a meeting with SWIB last week where we discussed the financial condition
of Rainforest Cafe and why the Rainforest Cafe board believes the Landry's offer
is in the best interest of our shareholders," explained Lyle Berman, chairman
and CEO. "We have assured SWIB that our Shareholder Rights Plan does not
preclude them from communicating with other parties, shareholders or
non-shareholders, for the purpose of developing a better offer to buy Rainforest
Cafe. We have repeatedly told them that if we were presented with an offer, from
SWIB or any other person, that we believed to be superior to Landry's, we would
submit it to our shareholders."

"Despite our assurances, SWIB continues to publish misleading information about
the proposed Landry's transaction, continues to complain about the Shareholder
Rights Plan for no apparent reason, and now has asked us to seek a thirty day
delay in the Landry's transaction. But, what SWIB has failed to do is to present
us with any better offer to buy Rainforest Cafe than the proposal made by
Landry's."

Berman also noted, "the Rainforest Cafe board met to discuss SWIB's most recent
requests and SEC filings. We believe that absent a superior offer, and given the
on-going same-store sales declines in our business, a request to delay the
transaction would not be in the best interest of our shareholders. SWIB has
formerly announced their intention to oppose this transaction and we see this
request for a delay as merely another tactic toward this objective. We have no
current plans to meet with SWIB again, unless a bona fide and superior offer is
presented to the Board. If we do not receive such a proposal, Rainforest Cafe
will proceed with the Landry's transaction and the shareholders will decide if
it is in their best interest to participate."

Rainforest Cafe, Inc. develops, owns, and operates combination restaurant/retail
facilities offering a stimulating and entertaining rain forest theme, providing
visitors with "A Wild Place to Shop and Eat(R)." There are currently 40
Rainforest Cafe(R)units open including 29 domestic locations and 11
international units. Rainforest Cafe, Inc. common shares are traded on the
NASDAQ national Market under the symbol RAIN.

This news release (as well as information included in oral statements or other
written statements made or to be made by the Company) may contain
forward-looking statements, such as statements relating to future expansion,
that involve risks and uncertainties relating to future events. Actual events or
the Company's results may differ materially from the results discussed in the
forward-looking statements. The Company does not expect to update
forward-looking statements continually as conditions change. These risks and
uncertainties include, but are not limited to, those relating to the results of
the tender offer, competition, fluctuations and changes in consumer preferences
and attitudes, intellectual property protection, development and construction
activities, and results of shareholder litigation. Investors are referred to the
full discussion of risks and uncertainties associated with forward-looking
statements contained in the Company's Form filed with the Securities and
Exchange Commission for the fiscal year ended January 2, 2000 and filed on March
2, 2000.


Contact:
Rainforest Cafe, Inc.
Connie Carrino
Director of Corporate Communications
612-945-5433
www.rainforestcafe.com

                                       3



© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission