Alden Global Capital, LLC Announces that Affiliate Will Be Filing Proxy Materials to Commence a “Vote No” Campaign Against Two Directors at Lee’s Upcoming 2022 Annual Meeting
15 Februar 2022 - 2:05PM
Business Wire
Seeking Shareholder Support to Compel the
Resignations of Two Extremely Long-Tenured and Deeply Entrenched
Incumbent Candidates – Mary Junck and Herbert Moloney III – and to
Send a Clear Message that Meaningful Change is Required
Urges Lee to Immediately Confirm that the
Majority Voting Standard for the Election of Directors Provided for
Under Lee’s Bylaws Will Be Applicable at the 2022 Annual
Meeting
Concerned that the Board Is Unlawfully Using a
Plurality Voting Standard to Try to Escape Accountability for its
Shoddy Corporate Governance Practices, Underperformance and
Disenfranchising Tactics
Alden Global Capital, LLC (together with its affiliates, "Alden"
or "we"), who through an affiliate has an ownership stake of
approximately 6.3% of Lee Enterprises, Incorporated (“Lee” or the
“Company”) (NASDAQ: LEE), today issued a statement in response to
the Delaware Chancery Court’s decision to uphold Lee’s invalidation
of Alden’s two highly qualified and fully independent director
candidates and announced that its affiliate will be filing
preliminary proxy materials with the SEC for a “Vote No” campaign
seeking shareholder support to compel the resignations of two
extremely long-tenured and deeply entrenched incumbent candidates –
Mary Junck and Herbert Moloney III – and to send a clear message
that meaningful governance improvements and Board enhancements are
required at Lee to turn around years of poor performance.
Alden issued the following statement:
“Despite today’s ruling from the Delaware Court, we remain
steadfast in our commitment to provide Lee with competent
leadership that will improve returns for shareholders and the
quality of journalism for readers. Our affiliate will therefore be
filing proxy materials for a "Vote No" campaign to compel the
resignations of Board members who are prioritizing their own
interests over what is best for the company. Holding entrenched
Board members Mary Junck and Herbert Moloney accountable for their
decades of destructive decision-making, value destruction and
enrichment at shareholders’ expense is important especially given
Lee's poor corporate governance practices and significant
underperformance since the acquisition of Berkshire Hathaway's BH
Media Group publications. The troubling pattern of exorbitant
payments over the course of two decades to companies related to Mr.
Moloney, as well as decades worth of payments to Corporate
Secretary C. D. Waterman III’s personal law firm, is why Lee's
board must immediately launch a truly independent investigation of
the many alarming related party payments and violations of Lee’s
corporate policies. Our “Vote No” campaign will act as a referendum
on this entrenched duo’s many failures as fiduciaries and will act
as a platform for stockholders to send a clear message that the
corporate governance at Lee must be rectified and that the Board
must be reconstituted in order to turn things around.
Per Lee’s Bylaws, a director who receives a greater number of
votes ‘AGAINST’ his or her election than votes ‘FOR’ his or her
election must promptly tender his or her resignation to the Board.
The Company’s director resignation policy therefore allows
stockholders to compel the resignations of Directors Junck and
Moloney for failing to serve shareholder interests. We are
concerned that the Board may be trying to avoid accountability to
its stockholders by attempting to have a ‘plurality’ voting
standard apply to the election of directors whereby every incumbent
director would be re-elected with as little as one vote being cast
in such director’s favor. It is entirely disingenuous for the
Company to deem this to be ‘contested election’ to enjoy the
entrenchment benefits of ‘plurality’ voting when the Board has
deemed all along our director candidates were invalid. We call on
the Board to immediately confirm that the majority voting standard
for the election of directors provided for under Lee’s Bylaws will
be applicable at the 2022 Annual Meeting.”
Advisors
Moelis & Company LLC is acting as financial advisor to Alden
Global Capital. Akin Gump Strauss Hauer & Feld LLP and Olshan
Frome Wolosky LLP are serving as its legal counsel.
CERTAIN INFORMATION CONCERNING THE
PARTICIPANTS
Alden Global Capital, LLC, together with the other participants
named herein (collectively the “Stockholder Group”), has filed a
preliminary proxy statement and accompanying BLUE proxy card with
the Securities and Exchange Commission (“SEC”) to be used to
solicit votes in connection with the 2022 annual meeting of
stockholders of Lee Enterprises, Incorporated (the “Company”).
THE STOCKHOLDER GROUP STRONGLY ADVISES ALL STOCKHOLDERS OF THE
COMPANY TO READ THE PROXY STATEMENT AND OTHER PROXY MATERIALS AS
THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT
INFORMATION. SUCH PROXY MATERIALS WILL BE AVAILABLE AT NO CHARGE ON
THE SEC'S WEB SITE AT HTTP://WWW.SEC.GOV. IN ADDITION, THE
PARTICIPANTS IN THIS PROXY SOLICITATION WILL PROVIDE COPIES OF THE
PROXY STATEMENT WITHOUT CHARGE, WHEN AVAILABLE, UPON REQUEST.
REQUESTS FOR COPIES SHOULD BE DIRECTED TO THE PARTICIPANTS' PROXY
SOLICITOR.
The participants in the solicitation are anticipated to be
Strategic Investment Opportunities LLC (“Opportunities”), MNG
Enterprises, Inc. (“MNG Enterprises”), MNG Investment Holdings, LLC
(“MNG Holdings”), Alden Global Capital LLC (“Alden”) and Heath
Freeman.
As of the date hereof, Opportunities directly beneficially owns
371,117 shares of Common Stock. MNG Holdings, as the managing
member of Opportunities, may be deemed the beneficial owner of the
371,117 shares of Common Stock owned directly by Opportunities. MNG
Enterprises, as the sole member of MNG Holdings, may be deemed the
beneficial holder of the 371,117 shares of Common Stock owned
directly by Opportunities. Alden, as the investment manager of
funds that collectively hold a majority voting interest in MNG
Enterprises, may be deemed the beneficial owner of the 371,117
shares of Common Stock owned directly by Opportunities. Mr.
Freeman, as the President of Alden, may be deemed the beneficial
owner of the 371,117 shares of Common Stock owned directly by
Opportunities.
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Investors Innisfree M&A Incorporated Scott Winter /
Jonathan Salzberger / Gabrielle Wolf (212) 750-5833 Media
Cameron Gurley (646) 660-8642 cameron@goldin.com
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