Finisar and Optium announce early termination of Hart-Scott- Rodino Act waiting period for proposed merger

July 1, 2008

1 Min Read

SUNNYVALE, Calif. and HORSHAM, Pa. -- Finisar Corporation (Nasdaq:FNSR) and Optium Corporation (Nasdaq:OPTM) today announced that the U.S. Department of Justice and Federal Trade Commission have granted Finisar early termination of the Hart-Scott-Rodino (HSR) waiting period in conjunction with the proposed combination of the two companies. The merger remains subject to satisfaction of other conditions, including approval of the stockholders of both Finisar and Optium.

On May 16, 2008, Finisar and Optium jointly announced that they had entered into a definitive agreement under which the two companies will be combined through an all-stock merger, creating the world's largest supplier of optical components, modules and subsystems for the communications industry. The combined company will leverage Finisar's leadership position in the storage and data networking industries and Optium's leadership position in the telecommunications and CATV industries.

On June 30, 2008, Finisar filed with the Securities and Exchange Commission its annual report on Form 10-K for its fiscal year ended April 30, 2008. Finisar expects to file with the SEC a registration statement on Form S-4 containing a Joint Proxy Statement/Prospectus relating to the proposed combination within approximately the next two weeks, and Optium plans to simultaneously file with the SEC the same Joint Proxy Statement/Prospectus.

Finisar Corp. (Nasdaq: FNSR)

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