Privet Fund LP Delivers Letter To Independent Directors Of J. Alexander's Commenting On Alternative Proposals
Until we feel we are being presented with an offer that reflects a true market- clearing price, we will continue to take all steps appropriate to protect our investment.
Best Regards,
Ryan Levenson and Ben RosenzweigPrivet Fund Management LLC
Contact: Ben RosenzweigPrivet Fund Management LLC(404) 419-2674
[1] In the 10 page "Background to the Offer" section of the initial Schedule 14D9, the name "Stout" appears 35 times while there are only 3 references to the independent members of the Board. He also selected the Company's financial advisor, negotiated (and renegotiated) employment agreements for himself and his executive team, negotiated many significant deal terms and chose when to terminate discussions with parties other than Fidelity. [2] In the initial Schedule 14D9 filing, the Board is shown to have considered Party F to be a credible acquirer based on its "bank financing commitments and willingness to add an additional obligor" and that a transaction with Party F at a higher price than Fidelity's current offer "would likely be a superior proposal". This language is different than the current language of "deemed reasonably expected to result in a superior proposal". [3] Credit for the quoted phrase belongs to Jonathan Maze of the Restaurant Finance Monitor in his August 27th article. [4] The increased break-up fee associated with terminating discussions with excluded parties was $1.08 million, or $0.18 per share. [5] Page 22 of J. Alexander's Schedule 14D9 filed August 6, 2012. [6] We believe that, if the current process is challenged, you will not be entitled to the benefit of the business judgment rule and any court reviewing your process will appropriately apply an entire fairness standard to its review.Select the service that is right for you!
COMPARE ALL SERVICESAction Alerts PLUS
TRY IT FREEJim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.
Product Features:
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
- Weekly roundups
TheStreet Quant Ratings
TRY IT FREENew! $49.95/yr
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
Product Features:
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Upgrade/downgrade alerts
Stocks Under $10
TRY IT FREEDavid Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.
Product Features:
- Model portfolio
- Stocks trading below $10
- Intraday trade alerts
- Weekly roundups
Dividend Stock Advisor
TRY IT FREEJim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.
Product Features:
- Diversified model portfolio of dividend stocks
- Alerts when market news affect the portfolio
- Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
TRY IT FREEAll of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.
Product Features:
- Real Money + Doug Kass + 15 more Wall Street Pros
- Intraday commentary & news
- Ultra-actionable trading ideas
Options Profits
TRY IT FREEOur options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.
Product Features:
- 100+ monthly options trading ideas
- Actionable options commentary & news
- Real-time trading community
- Options TV
