Corporate News

S&P Dow Jones Indices will make the following changes to the S&P MidCap 400 and SmallCap 600 indices:

Domino's Pizza Inc. (NYSE: DPZ) will replace Plains Exploration & Production Co. (NYSE: PXP) in the S&P MidCap 400 after the close of trading on Thursday, May 30. S&P 100 & 500 constituent Freeport-McMoRan Copper & Gold Inc. (NYSE: FCX) is acquiring Plains Exploration & Production in a deal expected to be completed on or about that date.

Cynosure Inc. (NASDAQ: CYNO) will replace NCI Building Systems Inc. (NYSE: NCS) in the S&P SmallCap 600 after the close of trading on Friday, May 31. NCI Building Systems announced the conversion of some preferred stock which will leave the company's public float substantially below the 50% threshold needed for continued inclusion in the index

OCZ Technology Group, Inc. (NASDAQ: OCZ), a leading provider of high-performance solid-state drives (SSDs) for computing devices and systems, today announced that, as anticipated, the Company received a letter from the Staff of the Listing Qualifications Department of The NASDAQ Stock Market LLC ("NASDAQ") indicating that, based upon the Company's failure to timely file its Annual Report on Form 10-K for the fiscal year ended February 28, 2013 with the Securities and Exchange Commission (the "SEC"), as required by NASDAQ Listing Rule 5250(c)(1) (the "Filing Requirement"), the additional filing deficiency would be considered by the Listing Qualifications Panel (the "Panel") in rendering a determination regarding the Company's request for continued listing on NASDAQ. As previously reported, the Company has not yet filed its Forms 10-Q for the fiscal quarters ended August 31, 2012 and November 30, 2012, or the restatement of its financial statements included in its Form 10-K for the fiscal year ended February 29, 2012 and its Form 10-Q for the fiscal quarter ended May 31, 2012 with the SEC, as required. The Company has presented its plan to regain compliance with the Filing Requirements before the Panel at which it requested additional time within which to do so. The NASDAQ Hearings Panel has granted the Company's request to extend the stay of the suspension of trading of the Company's common stock pending the final determination regarding the Company's listing status.

Caesars Entertainment (Nasdaq: CZR) is planning a new online poker offering in Nevada, reports Reuters. Caesars will promote the offering at its popular World Series of Poker tournament later this month.

NewLead Holdings Ltd. (Nasdaq: NEWL) announced that on May 16, 2013 it received a letter from the NASDAQ Stock Market LLC ("NASDAQ") stating that the Company is not in compliance with NASDAQ Listing Rule 5250(c)(1) because, as disclosed in the Company's Current Report on Form 6-K dated May 15, 2013, the Company did not timely file its Annual Report on Form 20-F for the year ended December 31, 2012. The notification of non-compliance has no immediate effect on the listing or trading of the Company's common stock on the NASDAQ Global Select Market.

As a result of the violation of NASDAQ Listing Rule 5250(c)(1), the NASDAQ letter stated that the Company has until July 15, 2013 to submit a plan to regain compliance. The Company anticipates that it will be able to file the Form 20-F by July 15, 2013, but if it is unable to it would submit a plan to NASDAQ in advance of that date. If NASDAQ accepts the plan of compliance, it can grant an exception of up to 180 days after the applicable due date for the filing of the Form 20-F.

J. C. Penney Company, Inc. (NYSE: JCP) announced that its wholly owned subsidiary, J. C. Penney Corporation, Inc. ("JCP"), has entered into a new five-year $2.25 billion senior secured term loan credit facility. The size of the facility was increased from the $1.75 billion anticipated in the commitment letter the Company announced on April 29, 2013.

Proceeds of the term loan credit facility will be used to finance the cash tender offer for the Notes (as defined and described in more detail below) and to fund ongoing working capital requirements and other general corporate purposes. The term loan credit facility is guaranteed by the Company and certain subsidiaries of JCP, and is secured by mortgages on certain real estate of JCP and the guarantors, in addition to substantially all other assets of JCP and the guarantors.

Chief Financial Officer Ken Hannah said, "We are extremely pleased with the consummation of our term loan and the success of our tender offer. We appreciate the strong demand from investors and their confidence in jcpenney's future. This new funding gives us the financial flexibility to pursue our plans to put the Company back on a path to profitable growth. "

Goldman Sachs Bank USA was the lead arranger of the term loan credit facility, with Barclays, J.P. Morgan Securities LLC, BofA Merrill Lynch and UBS Securities LLC serving as the other joint arrangers.

The Company also announced today that JCP amended its revolving credit facility to increase the amount of additional first and second lien indebtedness that it can incur to $2.25 billion, which permits the borrowing of the loans under the new term loan credit facility. Pricing and maturity terms under the revolving credit facility remain unchanged.