America First Tax Exempt Investors L.P. Announces Share Purchase Plan
OMAHA, Neb., Dec. 17, 2010 (GLOBE NEWSWIRE) -- America First Tax Exempt Investors, L.P. (Nasdaq:ATAX) ("America First" or the "Company"), announced today that The Burlington Capital Group, LLC ("Burlington") has adopted a prearranged trading plan (the "Plan") with RBC Dain Rauscher ("RBC") through which Burlington will expand its ownership of the Company. Burlington currently owns 319,710 Beneficial Unit Certificates ("BUCs") representing assigned limited partnership interests in the Company. Under the Plan, RBC will acquire BUCs in open market purchases made from time to time for the account of Burlington. Burlington may acquire up to $500,000 of additional BUCs under the Plan. Burlington is the general partner of the general partner of America First. Due to their control of Burlington, BUCs acquired by Burlington are also considered to be beneficially owned by Burlington's Chairman Emeritus, Michael Yanney and his wife Gail Walling Yanney, and its Chief Executive Officer, Lisa Roskens. As a result, the Plan was established in accordance with the guidelines specified by Rule 10b5-1 under the Securities Exchange Act of 1934, as well as America First's policies with respect to trading BUCs held by directors and officers of Burlington. Under the terms of the Plan, neither Burlington nor any of its officers or directors, including Mr. and Mrs. Yanney and Ms. Roskens, will have discretion or control over the timing or effectuation of the purchases of BUCs. Appropriate filings will be made with the Securities and Exchange Commission to report purchases under the Plan.
Rule 10b5-1 allows an insider of a public company to adopt written, prearranged plans under which a third party may buy or sell the stock of the company on the insider's behalf as long as the insider did not possess material, non-public information about the company when the plan was adopted. Once a plan is established, trades may be executed under the plan at any time, even if the insider happens to possess material nonpublic information at the time, since the trade is based on the application of a formula or binding instructions determined at the time the plan was adopted. The Plan adopted by Burlington also incorporates additional provisions designed to comply with certain legal restrictions on repurchases of a public company shares by the company itself or its affiliates.
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