sorry, this is a repeat of my post in forbes' thread but I think this is important enough that I should have just started a new thread, so here is a copy/paste. No changes from what is in my last post if you already read that:I wasn't able to finish my letter this weekend, but should hopefully have it done tonight.If someone really wants to see my letter, you can message me and I'll send you a copy when complete, but I probably prefer for everyone to start with a blank canvas, noting some of the themes I mentioned above along with the other good posts by wouter and others on this board in recent months. I fully expect that some of you will come up with really good arguments that I wouldn't have thought of, so it's better, in some ways, not to start out with my pre-drafted outline.I encouraged you to get started now, note that the contact information, names of special committee, etc are all in my original letter which is posted here:http://boards.fool.com/special-committee-letter-30337531.asp......This has the address of their office and the names of the SC members.Email your letter to Kelly Wang and Wendy Xuan at Yong investor relations firstname.lastname@example.org as well as John Capodanno at FTIConsulting email@example.com. You should also send a copy to Cleary Gottlieb, Steen & Hamilton LLP who are the legal counsel to the special committee, although I don't see an email address for them online.In addition to emailing, I also mailed hard copies of my letters to the following. Note that it is expensive to fedex something to China (close to $100 if I remember right), but it could have taken a long time to get there via usps, so I thought it was worth it. If you are concerned about the expense, you may want to consider only mailing hard copies to FTI consulting and Cleary Gottlieb, and just emailing a copy to the special committee. Just be sure to follow up with FTI consulting so they confirm that the letter was passed on to the SC (they did confirm for me last time). There is also a fax number for the YONG office in China here http://www.yongyeintl.com/Contact_Us.html if you'd like to try that as well1) (special committee at YONG corporate office)Special Committee of The Board of Directors ofYongye International, Inc.6th Floor, Suite 608, Xue Yuan International TowerNo. 1 Zhichun Road, Haidian DistrictBeijing, China2) (fti consulting)John CapodannoFTI Consulting88 Pine Street, 32nd FloorNew York, NY, 100053) (cleary gottlieb)Legal Counsel to the Special Committee of Yongye International, Inc.Cleary Gottlieb, Steen & Hamilton LLPOne Liberty PlazaNew York, NY 10006I highly suggest sending your letters this week, preferably earlier in the week to ensure that it gets to them before they make a snap decision. If they accept the offer before getting your letter, it won't hold much weight either with the special committee, their legal counsel, or any class action lawsuits, if needed.Like I said, keep the letters professional, unemotional. Specify that you are a shareholder and how long you have owned shares. Make it clear upfront that you do not believe that the offer is in the best interests of shareholders, lay out your reasoning in subsequent paragraphs, and then reiterate that it is not a fair offer and substantially undervalues the company when concluding at the end. Print and hand sign your letter. Include contact info if they have any questions (I would be shocked if they contact you, but it will come in handy if the offer is accepted and class action lawyers obtain your letters through discovery and want to speak to us, just to make sure we are real people that separately sent letters, to boost their case)And send it via both email and hard copy mail to the special committee, fti consulting, and cleary gottlieb, if you can.mekong
Just to be clear, even the letter copies that you email, should be printed, hand signed, then scanned and emailed as a pdf showing your signature when sending the email copies.
just noticed that my link to my original letter isn't working. Trying again:http://boards.fool.com/special-committee-letter-30337531.asp...
I just noticed in the press release announcing their fourth quarter conference call last month, they included contact info that is different from what is listed on the corporate website. I assume that this information is more current and they just haven't updated the website. Therefore, you should address your email to Ms Rain Xia when sending the letter to ir and I would also cc May Shen when sending it to John Capodanno at FTIMs. Rain XiaPhone: +86-10-8231-9608E-mail: firstname.lastname@example.orgFTI ConsultingMr. John Capodanno (U.S. Contact)Phone: +1-212-850-5705E-mail: email@example.comMs. May Shen (China Contact)Phone: +86-10-8591-1951Email: firstname.lastname@example.org
fyi - a corporate lawyer friend of mine suggested that it won't do much good to write a separate letter to Houlihan Lokey. However, I did also forward them a copy of the letter sent to the special committee. Hopefully if they see how significantly off the assumptions and estimates were in their DCF valuation, maybe they will put some pressure on management to do a new fairness opinion analysis, if for no other reason, just trying to profit from the extra work, even if they don't really care that the first valuation was so incorrect.Also note that using UPS to China costed $85 for delivery next tuesday (that was their only option to China). The hard copies that I sent to Houlihan Lokey and Cleary Gottlieb's NY offices just costed regular overnight domestic rates. As long as a signed copy gets emailed to IR and FTI Consulting, you're probably set, but I figured better safe than sorry, and mailed signed hard copies too.
I didn't mention it above, but probably a good idea to mention upfront in your letter that you are a shareholder, and to state how long you have been a shareholder for.Even if you haven't been an owner for long or don't own many shares, at least this shows them that you aren't a random person with no ownership interest.
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