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Published on 2/2/2007 in the Prospect News Special Situations Daily.

Building Materials agrees to extend offer expiration date for ElkCorp due to pending litigation

By Lisa Kerner

Charlotte, N.C., Feb. 2 - Building Materials Corp. of America and its affiliates extended the expiration date of their irrevocable and binding offer to acquire ElkCorp to Feb. 12, from Feb. 6, according to a company news release.

The extension, made at the request of the Dallas County Court, is due to a pending Feb. 9 hearing on a shareholder plaintiff action.

Building Materials has offered to acquire all of the outstanding common stock of ElkCorp for $43.50 per share.

ElkCorp has notified The Carlyle Group and its affiliates that it intends to terminate its merger agreement with the company and pay a $29 million termination fee. Carlyle had offered to acquire ElkCorp's outstanding common stock for $42.00 per share in cash in a tender offer and second-step merger.

Dallas-based ElkCorp, through its subsidiaries, manufactures roofing and building products.

Building Materials is a provider of construction services and building products based in San Francisco.

Acquirer:Building Materials Corp. of America
Target:ElkCorp
Payment per share:$43.50
Announcement date:Jan. 23
Expiration date:Feb. 12, extended from Feb. 6
Stock price for target:NYSE: ELK; $43.35 on Feb. 2

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