Dolphin-I Commences Search of IUSA's Books and Records
20 9월 2005 - 5:52AM
PR Newswire (US)
STAMFORD, Conn., Sept. 19 /PRNewswire/ -- Dolphin Limited
Partnership-I, L.P., ("Dolphin"), which together with its affiliate
holds 1.2 million shares or approximately 2.2% of infoUSA Inc.
("IUSA" or "the Company"), today announced that it is commencing a
books and records search regarding certain activities of the
Company, its officers and directors. In accordance with the
Delaware General Corporation Law, IUSA has five business days to
fully comply. Should the Company choose to not fully and promptly
comply with this valid request, Dolphin expects to bring an action
to compel the delivery of the requested records. On August 31,
2005, Dolphin sent a letter to each non-management director of
IUSA, and copied some of the other largest listed unaffiliated
shareholders with nearly 33% of the shares. In this letter, Dolphin
cited what it believes are highly unusual related party
transactions, numerous irregular public disclosures and events
surrounding the aborted proposal for a going private transaction,
as well as a general failure of the board to "administer any real
oversight." As noted in the letter, Dolphin believes these
circumstances have caused the Company's shares to trade at a
meaningful discount from its peers. Dolphin further invited the
board to correct any assertions set forth in its letter that the
directors believed were erroneous. Dolphin received no corrections.
Also in its letter, Dolphin called upon the board to initiate
prompt corrective action, starting with, among other things,
amending the existing stockholder rights plan to plug the exemption
for the Company's CEO, Mr. Vinod Gupta, and to reverse all related
party transactions. Dolphin believes the matters set forth in its
letter should have been addressed solely by the non-conflicted
members of the board, to the exclusion of the CEO. To its surprise,
Dolphin was informed that its letter was forwarded to the entire
board. On September 14, 2005, the Company filed a form 8-K with the
SEC with respect to a letter that the board received from Mr.
Gupta. The letter states that Mr. Gupta would not acquire any
additional shares for six months from the letter's date (September
12, 2005), unless the Company announced that it had entered into an
agreement with a third party contemplating a business combination
transaction involving the Company or a change of control of the
Company. Dolphin believes that this limited commitment, if indeed
it is enforceable, is no substitute for an amendment to the rights
plan. On the contrary, if as the Form 8-K implies, this letter has
been accepted by the board, the letter continues a pattern in
Dolphin's view of favored treatment for Mr. Gupta and his
affiliates. Further, we expect this board will not take any action
that will have the indirect effect of increasing Mr. Gupta's
percentage interest in the Company. It is extremely unfortunate
that neither Dolphin nor all of the shareholders have received any
substantive reply to the Dolphin letter and additional questions
regarding public disclosures that had been posed to an informed
representative of the Company. Dolphin has been informed only that
the matters raised in the letter "will be discussed at the next
full board meeting" of the Company, expected to be held in
mid-October. This apparently lackadaisical attitude of the board on
issues of high concern to the Company's shareholders that goes
directly to the value of the Company is in Dolphin's view
inexcusable. Being unable thus far to rely on this board to address
its legitimate concerns, Dolphin is issuing a books and records
search to further explore for itself on behalf of all unaffiliated
shareholders several key areas including: -- Transactions and
payments between the Company and its CEO and his affiliates
relating to use or acquisition of planes, boats, skyboxes, and
other assets; -- Deliberations relating to the stockholder rights
plan and acceptance of Mr. Gupta's letter to the board; --
Transactions relating to the CEO's affiliate, Everest Funds; --
Possible violations of the Company's Code of Conduct; -- The
special committee formed to consider Mr. Gupta's proposal for a
going private transaction and other strategic alternatives, which
was abruptly dissolved after the Company announced that its work
would continue; and Dolphin will report back to all shareholders on
the outcome of this search as appropriate. A spokesperson for
Dolphin commented, "In the 12 business days that have elapsed since
Dolphin sent its letter highlighting matters of great importance to
the non-management members of the board and all stakeholders, no
substantive oral or written reply has been forthcoming. Yet, since
the curious dissolution of the special committee on August 29,
2005, the Company has issued nine self-congratulatory press
releases on mundane business matters and run-of-the-mill
activities. This stark contrast speaks volumes about top management
and board priorities." The spokesperson continued, "While we
recognize that Mr. Gupta founded IUSA in 1972, there often comes a
time in the life-cycle of a public company that requires new
leadership that can fulfill all of the requirements of being a
trustee of the public's money. In today's world of heightened
director scrutiny and attention to corporate governance, the
Company's purportedly disinterested board continues to be unusually
passive. IUSA shareholders have been inordinately patient with this
board, even as the Company's own public filings have been replete
with highly unusual related party transactions and other matters.
In the absence of prompt, comprehensive corrective action on the
part of this board, it will be up to the unaffiliated shareholders
to restore the appropriate checks and balances in what appears to
be a dysfunctional corporate governance system." DATASOURCE:
Dolphin Limited Partnership-I, L.P. CONTACT: L. Bolster,
+1-203-358-8000, for Dolphin Limited Partnership-I, L.P.
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