DEFA14A: Additional definitive proxy soliciting materials and Rule 14(a)(12) material
Published on April 10, 2001
SCHEDULE 14A
(RULE 14A-101)
INFORMATION REQUIRED IN PROXY STATEMENT
SCHEDULE 14A INFORMATION
PROXY STATEMENT PURSUANT TO SECTION 14(A) OF THE SECURITIES
EXCHANGE ACT OF 1934 (AMENDMENT NO. )
Filed by the registrant [X]
Filed by a party other than the registrant [ ]
Check the appropriate box:
[ ] Preliminary proxy statement [ ] Confidential, for Use of the
Commission Only (as permitted by
Rule 14a-6(e)(2))
[ ] Definitive proxy statement
[X] Definitive additional materials
[ ] Soliciting material pursuant to Rule 14a-12
Entertainment Properties Trust
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(Name of Registrant as Specified in Its Charter)
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(Name of Person(s) Filing Proxy Statement, if other than the Registrant)
Payment of filing fee (Check the appropriate box):
[X] No fee required.
[ ] Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and
0-11.
(1) Title of each class of securities to which transaction applies:
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(2) Aggregate number of securities to which transaction applies:
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(3) Per unit price or other underlying value of transaction computed
pursuant to Exchange Act Rule 0-11 (Set forth the amount on which the filing fee
is calculated and state how it was determined):
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(4) Proposed maximum aggregate value of transaction:
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(5) Total fee paid:
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[ ] Fee paid previously with preliminary materials.
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[ ] Check box if any part of the fee is offset as provided by Exchange Act
Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid
previously. Identify the previous filing by registration statement number, or
the form or schedule and the date of its filing.
(1) Amount previously paid:
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(4) Date filed:
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[EPR LETTERHEAD]
EPR REVEALS THE FACTS REGARDING GOULD AND BRT
April 10, 2001
Dear Fellow Shareholder:
Over the last week, you have received materials from Entertainment
Properties Trust regarding our upcoming annual meeting, the election of our
trustee, and the ratification of our accountants. While the nominating committee
of our board unanimously recommends re-electing Mr. Scott Ward to another term
as trustee, this nomination has been contested by BRT Realty Trust, which has
nominated another candidate.
EPR takes very seriously communications with our shareholders and knows
that your trust is earned through our honest communication and our hard work to
generate the best returns we can while building the best company we can. In the
course of BRT's communications with you, we believe that they have failed to
disclose important facts we think you should know. WE THINK IT IS IMPORTANT TO
SET THE RECORD STRAIGHT.
BRT is not a large, sophisticated real-estate concern and there is little
similarity between EPR and BRT. In fact, we are concerned that someone
responsible for BRT's record, as exhibited below, is attempting not only to
obtain a seat on our board but also to own a larger percentage of our company.
Scott Ward is a solid candidate in whom we have complete confidence, and
whose interests are aligned with all shareholders. WE DO NOT WANT EPR TO BECOME
ANOTHER BRT REALTY, WITH NO DIVIDENDS, LIMITED LIQUIDITY, A SMALL ASSET BASE AND
CONTROLLED BY MR. GOULD'S FAMILY. These are the values represented by BRT
Realty, and its candidate Fredric Gould, who is the chairman and chief executive
officer of that company. Mr. Gould can claim he knows how to operate a business
in the interests of all shareholders, but we believe, as you probably now do,
the record is otherwise.
As we have stated previously and continue to make clear, we are not averse
to having qualified independent trustees with experience that will benefit our
shareholders, as indicated by the makeup of our board. WE ARE AVERSE TO MR.
GOULD SERVING AS A TRUSTEE, and believe that the person responsible for BRT's
track record would only serve as a distraction to our board.
REGARDLESS OF THE NUMBER OF SHARES YOU MAY OWN, YOUR VOTE IS IMPORTANT SO
PLEASE ACT PROMPTLY. PLEASE INDICATE YOUR SUPPORT FOR OUR TRUSTEES BY RETURNING
THE BLUE PROXY CARD TODAY, VOTING FOR SCOTT WARD, AND IGNORING ANY FURTHER
CORRESPONDENCE FROM BRT REALTY OR MR. GOULD.
Our trustees and management appreciate your continued support.
Very truly yours,
/s/ David Brain
David Brain
PLEASE VOTE THE BLUE PROXY CARD TODAY. PLEASE DO NOT RETURN ANY WHITE PROXY CARD
FOR ANY REASON. ONLY YOUR LATEST DATED PROXY CARD WILL BE COUNTED. If you have
any questions, please call our proxy solicitor:
[MacKENZIE PARTNERS, INC. LOGO]
156 Fifth Avenue
New York, New York 10010
proxy@mackenziepartners.com
(212) 929-5500 (call collect)
or
TOLL-FREE (800) 322-2885
Entertainment Properties Trust ("EPR") has not yet filed its
solicitation/recommendation statement with the U.S. Securities and Exchange
Commission relating to BRT Realty Trust's possible partial tender offer. If BRT
Realty's partial tender offer is commenced, EPR will issue a
solicitation/recommendation statement which will be available, along with other
filed documents, at no charge on the SEC website at http://www.sec.gov or at
http://www.freeedgar.com. EPR strongly advises its shareholders to read EPR's
definitive proxy statement and other definitive materials which have been filed,
and the solicitation/ recommendation statement and other materials when they
become available, because they do and will contain important information. These
documents may also be obtained for free from EPR by directing such request to:
Entertainment Properties Trust, Attention: Investor Relations, 30 Pershing Road,
Suite 201, Kansas City, Missouri 64108, telephone: (888) EPR-REIT, or from
MacKenzie Partners, Inc. at (800) 322-2885 (toll-free) or at (212) 929-5500
(collect) or by e-mail at PROXY@MACKENZIEPARTNERS.COM.