Press release from Business Wire
Octavian Submits Second Requisition for a Special Meeting of EnerCare Shareholders
<p class='bwalignc'> <b>Criticizes EnerCare's Board's Attempt to Disenfranchise Shareholders</b> </p> <p class='bwalignc'> <b>Calls on Board to Establish a Timely, Transparent and Fair Process and Appoint an Independent Chairman for the Special Meeting</b> </p>
Tuesday, January 03, 2012
Octavian Submits Second Requisition for a Special Meeting of EnerCare Shareholders08:00 EST Tuesday, January 03, 2012
NEW YORK (Business Wire) -- Octavian Advisors, LP, the largest shareholder of EnerCare Inc. (TSX:
ECI), which exercises control or direction over securities representing
approximately 13% of EnerCare's outstanding common shares, delivered a
second requisition to EnerCare on December 30, 2011 for a Special
Meeting of Shareholders. The meeting has been re-requisitioned after
EnerCare disingenuously rejected Octavian's first requisition for the
purpose of expanding EnerCare's Board to ten and adding four highly
qualified and independent nominees nominated by Octavian. To prevent the
Board's obvious attempt to disenfranchise shareholders – the only
possible explanation for EnerCare's frivolous position regarding the
meeting – Octavian has registered its shares and re-requisitioned the
meeting. Octavian has also proposed protocols to ensure that the meeting
takes place with integrity, including the appointment of a mutually
agreed upon independent Chairman. In addition, in light of the amount of
time EnerCare's Board has had to consider Octavian's requisition,
Octavian has requested that the Special Meeting of Shareholders be held
on a date no later than February 10, 2012.
“In an attempt to avoid an unnecessary court process that would be
costly to both EnerCare and its shareholders, we have submitted a second
requisition for a Special Meeting to expand the Board to ten and to add
four nominees nominated by Octavian to the Board,” said Richard
Hurowitz, Chairman and Chief Executive Officer of Octavian. “The Board's
rejection of our first requisition was a desperate and self-serving move
in an effort to further entrench itself and ignore the wishes of the
company's shareholders. We request that the Board establish a timely,
fair and transparent process for a Special Meeting so that EnerCare's
shareholders are not inconvenienced or disenfranchised either before or
at the Special Meeting. We also call upon the Board to exercise good
corporate governance and stop seeking spurious obstacles to the simple
matter of letting shareholders exercise their rights for proper
representation.”
About Octavian Advisors, LP
Octavian Advisors, LP is a global investment firm with offices in New
York and London. The firm focuses on special situations and distressed
investments in international markets, and has successfully invested in
over 40 countries on six continents. Octavian currently manages
approximately $1 billion for leading endowments, foundations, pension
funds, family offices and institutions.
Investor Contacts:MacKenzie Partners, Inc.Larry
Dennedy, (212) 929-5239ldennedy@mackenziepartners.comorCharlie
Koons, (212) 929-5708ckoons@mackenziepartners.comorMedia
Contacts:Sard Verbinnen & CoDenise
DesChenes/Jonathan Doorley(212) 687-8080jdoorley@sardverb.com
