To: Dave Gore who wrote (2014 ) 6/1/1998 12:58:00 PM From: Binder Respond to of 4142
David, I went home Friday afternoon totally complacent with the dividend I had just received from the company on my "P" shares. I was so complacent, that I went home and promptly fell asleep. A little while later, the telephone rang, and someone mentioned that there had been a news release, and that the "P" would be paid in the form of a split, and not a dividend. Quite honestly, my initial reaction was the same as yours. I thought "They can't do that, not after the fact." So, I rubbed my eyes, logged on the computer, and read it for myself. Sure enough they did. Just to make sure I wasn't still sleeping, I read it again and again. My next call was to an investor/friend who has never posted on this thread, and probably never even seen it. I asked him "Can they do this?" and his response was "Hell yes they can, and you want them to do it that way" After reminding me of the tax benefits to both myself and to the company, I had to agree, it was the better way. However, I STILL had questions regarding the legality of the move after the fact. So, my next question was to a relative, who is a merger & acquisition attorney with one of the world's largest firms. He assured me that yes, it is legal. In this particular situation, as long as the company pays the shareholders in like value, it can be done in any form they wish, and the terms can change at any time. The only time a lawsuit would even be considered would be if the company either 1) broke the law, or 2) defrauded the shareholders. NEITHER OF THESE THINGS HAS HAPPENED!!! Admittedly, my first reaction was one of anger and confusion. However, after reading the release again, I see that they are doing what is best for all of us in the long run. As long as they are acting within the law, and as long as I get my shares, I do not have a problem with it. As for the conflicting answers that were received from the company regarding the "W" last week, I think we need to give Mr. Fisher a break. The man is NOT in the securities business. He makes ethanol. He probably should not have taken the calls regarding that, but from what I gather, their offices were innundated with calls regarding conversion of the "W". Why the man didn't just turn his voice mail on is beyond me. However, he tries to take the time to talk to investors, and then gets bit in the butt for doing it. I think we should let Mr. Fisher stick to the business of the company, and not glued to the telephone talking to nervous investors. If you do not want the "P" to convert until 1999, (and why anybody WOULD want it to convert is beyond me as well), then maybe that topic ought to be brought up at the shareholders meeting. This is just my opinion, but it did make me feel better to know that it was a legal move. Good Luck :-) Binder