Icahn Enterprises Holdings, a subsidiary of Icahn Enterprises, has released a letter to shareholders of Commercial Metals Company, regarding the Icahn tender offer and proxy fight, in which Icahn said "Unfortunately, in today's conference call, Commercial Metals Company's message was clear to us. It's business as usual at Commercial Metals. If the Board does not conduct a sales process and 40.1% of the shares are tendered into the Tender Offer, we will continue our proxy fight and take the Company to court in Delaware to fight for the ability to close the Tender Offer."