Monthly Archives: April 2017

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Marcato: Buffalo Status Quo Not Working

Link to Filing: https://tinyurl.com/kpd5nx9 Purpose of Transaction On April 20, 2017, Marcato filed its definitive proxy statement on Schedule 14A (the “Definitive Proxy Statement”). Also on April 20, 2017, Marcato (i) issued a press release announcing the filing of the Definitive Proxy Statement, (ii) sent a letter to shareholders of the Issuer and (iii) released a presentation. The press release and…

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Cannell has Harsh Words for Rightside Management

Link to Filing: https://tinyurl.com/kdlbdtk April 20, 2017 – Cannell Capital LLC (“Cannell”) announces today that it intends to vote “No” on the Board’s recommendations at the Annual General Meeting of Rightside Group, Ltd. (NASDAQ: NAME) shareholders to be held on June 2, 2017 at the Woodmark Hotel in Kirkland, Washington at 1:30PM PT. Cannell intends to…

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Timyan Sends Letter to Community West

Link to Filing: https://tinyurl.com/meb2tgy PHILIP J. TIMYAN 4324 Central Avenue Western Springs, Illinois (708) 308-3983 pejt@bloomberg.net April 18, 2017 VIA FACSIMILE AND EXPRESS MAIL Mr. Chairman William R. Peeples Chairman Community West Bancshares 445 Pine Avenue Goleta, CA 93117-3709 Dear Mr. Peeples: Community West Bancshares recently sent out proxy statements to each shareholder. I don’t believe increasing the authorized…

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Horton Cap Against Status Quo at CPS Technologies

Link to Filing: https://tinyurl.com/k9ewy7c On April 19, 2017, HCPF issued a press release and presentation urging shareholders to vote “AGAINST” the Company’s current slate of Directors at the upcoming Annual Meeting of Shareholders to be held on May 5, 2017. The presentation and press release are attached hereto as Exhibit 9 and Exhibit 10, respectively, and incorporated by…

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Adeptus Health Files Chapter 11

Link to Docket: http://dm.epiq11.com/ADPT Financial Restructuring to Significantly Reduce Debt and Better Position Adeptus for Long-term Success Receives Commitment of $45 Million in Debtor-in-Possession Financing All Company-Owned and Joint Venture Freestanding Emergency Rooms Remain Open, Operating and Serving Patients as Normal LEWISVILLE, Texas, April 19, 2017 /PRNewswire/ — Adeptus Health Inc. (NYSE: ADPT), the largest operator of…

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AkzoNobel to Spin Off Spec Chem Unit

Creation of two focused, high-performing businesses with sustainable growth plans Separation of Specialty Chemicals within 12 months: the vast majority of net proceeds will be returned to shareholders Increased financial guidance* for 2020: Paints and Coatings: 15% ROS, ROI >25%; Specialty Chemicals: 16% ROS, ROI >20% €1.6 billion to be returned to shareholders for 2017…

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NexPoint Credit to Conduct Rights Offering

DALLAS, April 19, 2017 /PRNewswire/ — NexPoint Credit Strategies Fund (NHF) (the “Fund”) today announced the commencement of a non-transferable rights offering to purchase additional shares of common stock of the Fund (the “Offering”) as the Fund’s registration statement has been declared effective by the Securities and Exchange Commission. The Fund is issuing non-transferable rights (“Rights”)…

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Unilife Files Chapter 11

Link to Docket: http://www.omnimgt.com/unilife KING OF PRUSSIA, Pa., April 12, 2017 /PRNewswire/ — Unilife Corporation (“Unilife” and together with its domestic subsidiaries, the “Company”) (NASDAQ: UNIS; ASX: UNS) today announced that it has commenced a formal proceeding to restructure its balance sheet or to sell its assets as a going concern in order to better position the…

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Ultra Petroleum Emerges From Chapter 11

HOUSTON, April 12, 2017 /PRNewswire/ — Ultra Petroleum Corp. (“Ultra” or the “Company“) announced today that it has successfully completed its in-court restructuring and emerged from chapter 11. In support of its plan of reorganization, Ultra raised $2.98 billion in exit financing in order to pay creditors in full and preserve significant value for existing…

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David Einhorn Takes Action at General Motors

Link to Filing: https://tinyurl.com/n8yrr9x This Proxy Statement and the enclosed GREEN proxy card are being furnished by Greenlight Capital, Inc. and certain of its affiliates (as identified on Annex I, collectively, “Greenlight,” “we”, or “us”), and the nominees named in Proposal 1 (the “Nominees” and, together with Greenlight, the “Participants”), in connection with the solicitation of…

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Wexford on Adeptus Debt Restructuring

Link to Filing: https://tinyurl.com/l6e6fkt Purpose of Transaction. The Purchasing Entities are investment funds affiliated with and managed by Wexford Capital.  Wexford Capital is an SEC registered investment advisor with over $3 billion of assets under management and a background that includes over two decades of investing in distressed situations, including companies that have filed or are…

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TAR Wants Changes at Sito Mobile

Link to Filing: https://tinyurl.com/k99yeh9 Purpose of the Transaction Item 4 of the Statement is hereby amended to add the following: On April 7, 2017, TAR Holdings delivered an advance notice to the Issuer (the “Advance Notice”) nominating a slate of three highly qualified director candidates, including Steven G. Singer, Wayne Barr, Jr. and Richard Ramlall (collectively,…

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JANA Files List of Improvements for Whole Foods

Filing: https://www.sec.gov/Archives/edgar/data/865436/000090266417001927/p17-0978sc13d.htm PURPOSE OF TRANSACTION. The Reporting Persons acquired the Shares because they believe the Shares are undervalued and represent an attractive investment opportunity. JANA has substantial experience analyzing and investing in the grocery sector and more broadly across the food and retail sectors, and the other Reporting Persons collectively possess significant operational, financial and nutritional…

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Peabody Energy Emerges from Chapter 11

ST. LOUIS, April 3, 2017 /PRNewswire/ — Peabody announced today that it has emerged from Chapter 11 protection with a transformed capital structure, including new equity that is expected to begin trading tomorrow on the New York Stock Exchange under the ticker symbol BTU. “We believe that ‘The New BTU’ is well positioned to create…