Pershing Square Sends Letter Updating Ceridian Stockholders
07 September 2007 - 11:15PM
PR Newswire (US)
NEW YORK, Sept. 7 /PRNewswire/ -- Pershing Square Capital
Management, L.P. announced today that it is sending the following
letter to Ceridian stockholders: "Dear Fellow Ceridian Stockholder:
We are pleased with Ceridian's recent commitment that if the merger
does not close, the company will hold a new election of directors
within 90 days after the merger agreement is terminated. In light
of Ceridian's commitment, we no longer feel the need to nominate a
full slate at the company's upcoming annual meeting. However, we
note that under the terms of the company's commitment the new
election could be held off until June 30, 2008 or even later
depending on the circumstances. Accordingly, we plan to nominate a
minority slate: John D. Barfitt, Robert J. Levenson and myself,
William A. Ackman. I enclose with this letter a new BLUE proxy card
that reflects this change. Our original GREEN card is no longer
valid. We urge each of you to vote on the new BLUE proxy card by
Internet or telephone, which will allow you to vote for the merger,
for our three nominees and for all of the incumbent nominees other
than Ronald T. LeMay, George R. Lewis and Alan F. White. That means
you will be able to use our BLUE card by Internet or telephone to
effectively vote for our three nominees as well as Ceridian's CEO
and President Kathryn V. Marinello, Chairman L. White Matthews,
III, and incumbent directors Richard Szafranski and William L.
Trubeck.(*) Electing our three nominees will not constitute a
change of control under Ceridian's compensation plans and as a
result will not prematurely vest any employee grants. In addition,
electing our three nominees renders moot the risks that Ceridian
claims may be created if the incumbent board were replaced in its
entirety: -- The buyers will continue to work opposite the same
team that negotiated the transaction (including Ms. Marinello, Mr.
Matthews and the company's legal and financial advisors). --
Electing our three nominees will not pose a risk to consummation of
the merger. According to Institutional Shareholder Services (ISS),
minority representation will "minimize the negligible risk to the
deal while still providing the impetus for change if the deal fails
to close."(+) Despite Ceridian's commitment, we continue to think
this election contest is of critical importance. -- The 'drop-dead'
date under the merger agreement can be as late as March 31, 2008 so
it is possible that Ceridian could delay elections until June 30,
2008 or even longer depending on the circumstances. In our view,
that is simply too long a period for the board to continue without:
* a director who has a substantial equity stake in Ceridian and *
two directors (Messrs. Barfitt and Levenson) who spent years
serving at high level positions with ADP and First Data and
therefore will be able to provide the board with substantial and
directly relevant business expertise. -- In the unlikely event that
the deal encounters any turbulence, we believe that stockholders
would be best served if Ceridian has a board member with a
substantial equity stake. Given Pershing Square's investment in
Ceridian of over $700 million, we believe the election of our
nominees will give stockholders greater confidence that the
interests of the board and stockholders are fully aligned. Pershing
Square strongly recommends that you vote "FOR" the merger and "FOR"
Pershing Square nominees William A. Ackman, John D. Barfitt and
Robert J. Levenson and all of the incumbent nominees other than
Ronald T. LeMay, George R. Lewis and Alan F. White as soon as
possible by voting the enclosed BLUE proxy card by telephone or by
Internet whether or not you plan to attend the annual meeting.
Instructions are on the BLUE proxy card. Time is short, please use
one of the following simple methods to vote your shares: 1. Vote by
Internet: Go to the website http://www.proxyvote.com/. Have your
control number listed on the BLUE proxy card ready and follow the
online instructions. The control number is located in the
rectangular box on the right side of your BLUE proxy card. You can
use the Internet to vote until 11:59 p.m., ET on September 11,
2007. 2. Vote by Telephone: Call toll-free (800) 454-8683. Have
your control number listed on the BLUE proxy card ready and follow
the simple instructions. You can vote by phone until 11:59 p.m., ET
on September 11, 2007. Since our original GREEN card is no longer
valid, you must use the BLUE proxy card to vote by telephone or
Internet if you want to vote for our nominees. If we receive BLUE
proxy cards that have no explicit voting instructions, we intend to
vote such proxy cards "FOR" the merger, "FOR" Pershing Square
nominees William A. Ackman, John D. Barfitt and Robert J. Levenson
and all of the incumbent nominees other than Ronald T. LeMay,
George R. Lewis and Alan F. White, "FOR" ratification of the
appointment of KPMG and "FOR" adjournment if there are insufficient
votes to approve the merger. However, the BLUE proxy card will also
allow stockholders to vote individually on each of the proposals,
including withholding authority to vote for one or more nominees.
NOTE: THE GREEN CARD PREVIOUSLY SENT TO YOU IS NO LONGER VALID. WE
URGE YOU TO VOTE THE ENCLOSED BLUE PROXY CARD AS PROMPTLY AS
POSSIBLE BY TELEPHONE OR INTERNET. Thank you for your support. If
you have any questions, require assistance in voting your BLUE
proxy card, or need additional copies of our proxy material, please
call our proxy solicitor, D.F. King & Co., Inc., at (800)
431-9642. I can be reached at (212) 813-3700. Sincerely, William A.
Ackman Pershing Square Capital Management, L.P. ABOUT PERSHING
SQUARE Pershing Square Capital Management, L.P. is an investment
advisor to private investment funds with approximately $6 billion
in capital under management. ADDITIONAL INFORMATION AND WHERE TO
FIND IT In connection with Ceridian's 2007 annual meeting of
stockholders, Pershing Square has filed a proxy statement, Blue
Proxy Card and other materials with the SEC. WE URGE INVESTORS TO
READ THE PROXY STATEMENT AND THESE OTHER MATERIALS CAREFULLY
BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT CERIDIAN AND THE
MATTERS TO BE CONSIDERED AT THE ANNUAL MEETING. Investors may
contact D.F. King & Co., Inc., Pershing Square's proxy
solicitor for the 2007 annual meeting, at (800) 431-9642. Investors
may also obtain a free copy of the proxy statement and other
relevant documents as well as other materials filed by Pershing
Square with the SEC concerning Ceridian at the SEC's website at
http://www.sec.gov/. PARTICIPANTS IN THE SOLICITATION Pershing
Square, L.P., Pershing Square II, L.P. and Pershing Square
International, Ltd., along with William A. Ackman, Scott D.
Ferguson, Paul C. Hilal and Roy J. Katzovicz, as employees of
Pershing Square, and William A. Ackman, John D. Barfitt and Robert
J. Levenson, as director nominees of Pershing Square, may be
deemed, under SEC rules, to be participants in the solicitation of
proxies from Ceridian's stockholders with respect to the matters to
be considered at Ceridian's 2007 annual meeting of stockholders.
Information regarding these potential participants in the
solicitation is included in Pershing Square's definitive proxy
statement filed with the SEC on August 22, 2007. FORWARD-LOOKING
STATEMENTS This letter contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995. The statements regarding Ceridian or Pershing Square
contained in this letter that are not historical in nature,
particularly those that utilize terminology such as "may," "will,"
"should," "likely," "expects," "anticipates," "estimates,"
"believes" or "plans," or comparable terminology, are
forward-looking statements based on current expectations and
assumptions, and entail various risks and uncertainties that could
cause actual results to differ materially from those expressed in
such forward-looking statements." (*) There is no assurance that
the incumbent nominees would serve if elected with our three
nominees. (+) Permission to use quotations from the ISS report was
neither sought nor obtained. DATASOURCE: Pershing Square Capital
Management, L.P. CONTACT: Roy J. Katzovicz of Pershing Square
Capital Management, L.P., +1-212-813-3700
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