Albertsons Companies Issues Statement Regarding the Denial of a Request for Preliminary Injunction by the Attorney General of the State of Washington and Extension of the Temporary Restraining Order on its Special Dividend Payment

BOISE, Idaho–(BUSINESS WIRE). A special dividend of $6.85 per common share (the “Special Dividend”) originally scheduled to be paid on November 7, 2022 to stockholders of record as of the close of business on October 24, 2022. The Washington State Court has extended the existing temporary restriction order (“TRO”) until December 19, 2022 at 4:30 p.m. PST to allow the Washington State Attorney General an opportunity to appeal today’s ruling.

Albertson’s Cos. is awaiting a decision on the request for an injunction against payment of the special dividend filed on December 1, 2022 by the district attorneys of California, Illinois and the District of Columbia. On November 8, 2022, the United States District Court for the District of Columbia denied their application for an injunction against payment of the special dividend.

Albertson’s Cos. Continues to believe that the complaint by the Attorney General of Washington State and the similar complaint by the Attorneys General of California, Illinois and the District of Columbia are without merit and provide no legal basis for preventing the action from paying a duly and unanimously approved payment by Albertsons Cos. approved dividend.’ Fully informed board.

Albertson’s Co.’ The proposed merger with The Kroger Co. proceeds through required regulatory review, including seeking approval under the Hart-Scott-Rodino Antitrust Improvements Act 1976.

Forward-Looking Statements

This press release contains “forward-looking statements” within the meaning of the federal securities laws. The “forward-looking statements” include our current expectations, assumptions, estimates and projections regarding the special dividend and its payment. They contain statements that the Company believes are appropriate at this time. You can identify forward-looking statements by using words such as “outlook”, “may”, “should”, “could”, “estimates”, “projects”, “potential”, “continue”, “anticipates”, “believes”, “plans”, “expects”, “future” and “intends” and similar expressions intended to identify forward-looking statements.

These statements are not guarantees of future performance and are subject to numerous risks and uncertainties that are beyond our control and are difficult to predict and could cause actual results to differ materially from those expressed or implied by the statements.

All forward-looking statements, whether or not attributable to us or persons acting on our behalf, are expressly qualified in their entirety by these cautionary statements and risk factors. Forward-looking statements contained in this press release represent our views only as of the date of this press release. We undertake no obligation, except as required by law, to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

In evaluating our forward-looking statements, you should carefully consider the risks and uncertainties more fully described in the “Risk Factors” section or other sections of our reports filed with the SEC.

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