Laxey Partners Criticizes Share Repurchase Program At the Mexico Fund As 'Too Little, Too Late'.Business Editors NEW YORK--(BUSINESS WIRE)--Feb. 26, 2002 The following letter, critical of the share repurchase Share Repurchase A program by which a company buys back its own shares from the marketplace, reducing the number of outstanding shares. This is usually an indication that the company's management thinks the shares are undervalued. program announced today by The Mexico Fund, Inc. (NYSE NYSE See: New York Stock Exchange : MXF (Material EXchange Format) A file format from the Pro-MPEG Forum for the interchange of video production information. MXF files include audio/video content and related meta-data (production notes, camera settings, time code positions, etc. ), will be sent to Fund stockholders by Laxey Partners Limited, which is waging a proxy contest Proxy contest A battle for the control of a firm in which a dissident group seeks, from the firm's other shareholders, the right to vote those shareholders' shares in favor of the dissident group's slate of directors. Also called proxy fights. in opposition to management at the Fund's upcoming Annual Meeting of Stockholders:
Laxey Partners Limited
Stanley House, 7-9 Market Hill
Douglas, Isle of Man, IM1 2BF
Tel: 01624 690900 Fax: 01624 623819
AN IMPORTANT MESSAGE TO THE MEXICO FUND STOCKHOLDERS: February 26, 2002 Dear Fellow Stockholders: This morning, The Mexico Fund, Inc. (the "Fund") announced that its Board of Directors has approved a limited repurchase program, in a last minute attempt to respond to complaints that we and other stockholders of the Fund have made concerning the Fund's original proposal. The Board's current repurchase proposal merely reinforces our belief that the Directors are not serious about addressing the legitimate wishes of a majority of the Fund's stockholders. The Board's actions demonstrate just how critical it is to elect Directors dedicated to serving the stockholders' interests. Please sign, date and return the enclosed GOLD proxy card A proxy card is an easily-acquired or home-made substitute for a collectible card. A proxy is used when a collectible card game player does not own a card, and it would be impractical for such purposes to acquire the card. in the postage paid envelope today! CLARIFICATION AT LAST - BUT TOO LITTLE, TOO LATE The Fund's original repurchase plan provided that not less than 5% and not more than 25% of the Fund's shares would be repurchased in any 12 month period at not less than 98% of net asset value ("NAV See navigation system and navigation bar. "). The amount and timing of the repurchases were in the sole discretion of the Board. On February 19, 2002, we confirmed in writing that we sought 25% repurchases in each of the next two quarters, with 10% repurchases in each successive quarter unless the Fund's NAV discount falls below 8%. All repurchases would be at not less than 98% of NAV. Finally, after intense pressure from us and other stockholders, the Fund's response today was to disregard the desire of a majority of the Fund's stockholders for immediate liquidity and merely to clarify that in the first year of its repurchase plan it only will make 10% repurchases in two tranches, the first after shareholder and SEC approval of the repurchase plan and then again in 6 months. In this morning's press release, the Fund provided no information as to when, or if, the repurchase plan will be declared effective by the SEC. GIVEN THE BOARD'S TEPID RESPONSE, STOCKHOLDER REPRESENTATION ON THE BOARD IS MORE CRITICAL THAN EVER! This last minute clarification is too little, too late. It demonstrates how little the Board is willing to offer the stockholders of the Fund. The Board is telling you that, even under intense pressure by the stockholders, it will not even provide you with the maximum liquidity possible under the Fund's own repurchase plan. Moreover, the Fund has not committed to provide liquidity for stockholders - through a cash tender or otherwise - at not less than 98% of NAV if the Fund's revised repurchase plan is not implemented within a reasonable timetable. OUR NOMINEES ARE COMMITTED TO DELIVERING THE FUND'S TRUE VALUE TO ALL STOCKHOLDERS We have nominated for election as Directors Javier Lozano Javier Lozano may refer to:
An investment company that issues shares like any other corporation and usually does not redeem its shares. A publicly traded fund sold on stock exchanges or over the counter that may trade above or below its net asset value. Related: Open-end fund. . Our nominees are committed to a plan that would provide larger and more frequent repurchase opportunities for all stockholders at a minimum of 98% of NAV. WE SEEK ACCOUNTABILITY, NOT CONTROL We are seeking the election of two members to the Fund's seven-member Board. Our goal is to ensure good corporate governance Corporate Governance The relationship between all the stakeholders in a company. This includes the shareholders, directors, and management of a company, as defined by the corporate charter, bylaws, formal policy, and rule of law. and accountability from management and the advisors, not to gain control over the Fund. Our nominees will not be beholden be·hold·en adj. Owing something, such as gratitude, to another; indebted. [Middle English biholden, past participle of biholden, to observe; see behold. to management and the advisors. They will be able to focus on the stockholders' best interests and to ensure that the Board understands its fiduciary duties to the stockholders. We would like to remind stockholders that, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the Fund's proxy statement Proxy Statement A document containing the information that a company is required by the SEC to provide to shareholders so they can make informed decisions about matters that will be brought up at an annual stockholder meeting. , Robert Knauss was a director of ENRON (Energy) and Juan Gallardo T. was Chairman of Grupo Azucarero Mexico.(1) Jaime Serra Puche Jaime José Serra Puche (b. January 11, 1955 in Mexico City) is a Mexican economist. He is Chairman of SAI Consulting and Principal of NAFTA Fund. His professional practice includes the design of investment strategies in Mexico for foreign companies and advice to Mexican companies was the newly-appointed Secretary of Finance of Mexico in December 1994 when Mexico's peso crisis occurred. (2) We are especially concerned that, if our directors are elected and if our proposal to terminate the Fund's current investment advisory agreement is approved by the stockholders, the Board will immediately seek to reappoint Re`ap`point´ v. t. 1. To appoint again. reappoint vt → volver a nombrar reappoint vt (to job) → the losing directors and the terminated investment advisor Investment Advisor 1. A person making investment recommendations in return for a flat fee or percentage of assets managed, known as a commission. 2. For mutual fund companies, it is the individual who has the day-to-day responsibility of investing and monitoring the cash and without stockholder approval. Our nominees will take seriously these and other potential corporate governance issues. If you believe that the Fund should pursue a course designed to restore your ability to receive the true value for your shares, please sign date and return the enclosed GOLD proxy today in the postage paid envelope provided with a vote: FOR our nominees (Proposals 1 & 2) FOR the proposal to terminate the Advisory Agreement (Proposal 3) AGAINST the proposal to amend the Advisory Agreement (Proposal 4) FOR the proposal to adopt a share repurchase policy (Proposal 5) FOR the stockholder proposal to open end the Fund (Proposal 6) On behalf of Laxey Partners, Andrew Pegge Director (1) Grupo Azucarero Mexico was Mexico's second largest sugar group, and Mr. Gallardo was reportedly its controlling stockholder. The company defaulted on its debts in 2000 and had significant assets expropriated ex·pro·pri·ate tr.v. ex·pro·pri·at·ed, ex·pro·pri·at·ing, ex·pro·pri·ates 1. To deprive of possession: expropriated the property owners who lived in the path of the new highway. by the Mexican government in 2001. The Sugar Worker May 2000 & September 2001. (2) As a result of the crisis, which was attributed to the Secretary having "badly botched botch tr.v. botched, botch·ing, botch·es 1. To ruin through clumsiness. 2. To make or perform clumsily; bungle. 3. To repair or mend clumsily. n. 1. what should have been a routine currency adjustment", a huge amount of Mexico's foreign investment left Mexico. The News (Mexico City) May 4, 2000; see also Time (Domestic) January 9, 1995. IMPORTANT Please sign, date and return the enclosed GOLD proxy card today in the postage-paid envelope provided. Do not sign any white proxy card that you may receive from the Fund, even as a protest vote against the Fund's Board and Advisor -- it might cancel your GOLD proxy. If your shares are held on your behalf by a broker or bank, please sign, date and return the GOLD proxy in the envelope provided and contact the person responsible for your account and ask them to ensure that your shares are voted on the GOLD card. If you have any questions, or need assistance in voting your shares, please contact the firm assisting us in the solicitation of proxies:
Innisfree M&A Incorporated
501 Madison Avenue
New York, NY 10022
CALL TOLL-FREE: (888) 750-5834
Banks and Brokers call collect: (212) 750-5833
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