Shareholders Demand Change at Telephone
and Data Systems, Inc. |
|
Southeastern-led "One Share, One Vote" proposal receives support from
holders of more than 80% of the independent shares voted, serves as
referendum for more democratic voting structure and management
accountability
Press Release
Source:
Southeastern Asset Management, Inc.
On Tuesday
August 11, 2009, 4:00 pm EDT
MEMPHIS, Tenn., Aug. 11 /PRNewswire/ --
Southeastern Asset Management, Inc. ("Southeastern"), investment
advisor to Longleaf Partners Fund ("Longleaf"), announced today that the
shareholder proposal it introduced at the annual meeting of Telephone and
Data Systems, Inc. ("TDS" or the "Company") (NYSE: TDS) was successful,
receiving support from holders of more than 80% of the non-aligned,
independent shares voted on the proposal. "Independent shares" excludes
the 6,359,982 Series A Common Shares owned by members of the Carlson
family and other Company insiders per the Company's proxy statement, and
3,001,748 Common Shares beneficially owned by Southeastern as of the
record date for the annual meeting. We assume that all Series A Common
Shares were voted against the proposal.
"We are encouraged that independent
shareholders have strongly supported our proposal to recapitalize the
common equity structure of TDS, expressing their desire for a democratic
corporate governance structure," said O. Mason Hawkins, chairman and chief
executive officer, Southeastern. "This is an important step in holding
TDS' management and the Board accountable to all shareholders so that
management might finally begin to address TDS' strategic problems. While
we recognize that the proposal was defeated by a straight vote, due to the
disproportionate weight of the votes cast by the TDS Voting Trust relative
to its much smaller economic stake in the Company, we firmly believe
independent shareholders have sent the management and the Board a clear
signal of dissatisfaction."
Southeastern made its proposal in light of
management's demonstrated poor capital allocation, refusal to follow
value-enhancing recommendations and its failure to disclose or pursue the
premium bid for TDS from a well-resourced strategic acquirer offered in
2007. To date, management has refused to answer the questions Southeastern
presented at the 2009 annual meeting regarding a long-term business plan
that would be superior to the sale of the Company.
In its proposal Southeastern requested that
TDS recapitalize the Company's common equity structure into one class of
common stock to result in one vote per share for all outstanding common
stock. The disparity inherent in the multi-class voting structure that
favors the Carlson family has permitted the Company and its management to
ignore the opinions of its public shareholders.
Public shareholders, including
Southeastern, have repeatedly expressed their views with regard to the
stewardship and strategic direction of TDS, including at Gary Lutin's
Shareholder Forum, and through Glass Lewis' "Proxy Talk" conference call.
Proxy advisory firm Glass Lewis subsequently recommended that shareholders
vote for the proposal. And Lutin recently called the expression of
shareholder support that Southeastern's proposal received, "extraordinary,
and an exceptionally clear expression of investor interests."
More information about the issues can be
found at The Shareholder Forum for Telephone and Data Systems, Inc.:
www.shareholderforum.com/tds/.
ABOUT SOUTHEASTERN ASSET MANAGEMENT
Southeastern Asset Management, Inc.,
headquartered in Memphis, Tenn., is an investment management firm acting
as investment advisor to institutional investors and the three Longleaf
Partners Funds: Longleaf Partners Fund, Longleaf Partners Small-Cap Fund,
and Longleaf Partners International Fund. Southeastern was established in
1975, and the first of the Longleaf Partners Funds was launched in 1987.
Press Contact:
Christina Stenson
Brunswick Group
212-333-3810
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