SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
(Rule 13d-101)
INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO
RULE 13d-2(a)
(Amendment No. 11)*
ITEX CORPORATION
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(Name of Issuer)
COMMON STOCK, PAR VALUE $.01 PER SHARE
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(Title of Class of Securities)
465647204
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(CUSIP Number)
David Polonitza
54B Sandra Circle, Apt B-1
Westfield, NJ 07090
(502) 460-3141
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(Name, Address and Telephone Number of the Person
Authorized to Receive Notices and Communications)
March 2, 2012
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(Date of Event Which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box [X].
Note. Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Section 240.13d-7 for other parties to whom copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes.)
(Continued of following pages)
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1. Name of Reporting Person
David Polonitza
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2. Check the Appropriate Box (a) [X]
if a Member of a Group (b) [_]
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3. S.E.C. Use Only
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4. Source of Funds
PF
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5. Check box if disclosure of legal proceedings is required
pursuant to items 2(D) or 2(E): / /
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6. Citizenship or Place of Organization
United States of America
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Number of Shares (7) Sole Voting Power 128,640
Beneficially (8) Shared Voting Power 0
Owned by Each (9) Sole Dispositive Power 128,640
Reporting Person (10) Shared Dispositive Power 0
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11. Aggregate Amount Beneficially Owned by Each Reporting Person
128,640
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12. Check if the Aggregate Amount in Row (11) Excludes Certain
Shares
[_]
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13. Percent of Class Represented by Amount in Row 11
3.54%
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14. Type of Reporting Person IN
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1. Name of Reporting Person
Wayne P. Jones
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2. Check the Appropriate Box (a) [X]
if a Member of a Group (b) [_]
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3. S.E.C. Use Only
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4. Source of Funds
PF
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5. Check box if disclosure of legal proceedings is required
pursuant to items 2(D) or 2(E): / /
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6. Citizenship or Place of Organization
United States of America
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Number of Shares (7) Sole Voting Power 0
Beneficially (8) Shared Voting Power 0
Owned by Each (9) Sole Dispositive Power 0
Reporting Person (10) Shared Dispositive Power 0
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11. Aggregate Amount Beneficially Owned by Each Reporting Person
0
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12. Check if the Aggregate Amount in Row (11) Excludes Certain
Shares
[_]
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13. Percent of Class Represented by Amount in Row 11
0.00%
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14. Type of Reporting Person IN
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1. Name of Reporting Person
Kirk Anderson
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2. Check the Appropriate Box (a) [X]
if a Member of a Group (b) [_]
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3. S.E.C. Use Only
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4. Source of Funds
PF
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5. Check box if disclosure of legal proceedings is required
pursuant to items 2(D) or 2(E): / /
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6. Citizenship or Place of Organization
United States of America
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Number of Shares (7) Sole Voting Power 71,645
Beneficially (8) Shared Voting Power 0
Owned by Each (9) Sole Dispositive Power 71,645
Reporting Person (10) Shared Dispositive Power 0
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11. Aggregate Amount Beneficially Owned by Each Reporting Person
71,645
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12. Check if the Aggregate Amount in Row (11) Excludes Certain
Shares
[_]
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13. Percent of Class Represented by Amount in Row 11
1.97%
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14. Type of Reporting Person IN
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1. Name of Reporting Person
Richard and Greta Polonitza Jt. Ten.
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2. Check the Appropriate Box (a) [X]
if a Member of a Group (b) [_]
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3. S.E.C. Use Only
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4. Source of Funds
PF
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5. Check box if disclosure of legal proceedings is required
pursuant to items 2(D) or 2(E): / /
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6. Citizenship or Place of Organization
United States of America
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Number of Shares (7) Sole Voting Power 8,402
Beneficially (8) Shared Voting Power 0
Owned by Each (9) Sole Dispositive Power 8,402
Reporting Person (10) Shared Dispositive Power 0
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11. Aggregate Amount Beneficially Owned by Each Reporting Person
8,402
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12. Check if the Aggregate Amount in Row (11) Excludes Certain
Shares
[_]
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13. Percent of Class
Represented by Amount in Row 11
0.23%
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14. Type of Reporting Person IN
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AMENDMENT NO. 11 TO SCHEDULE 13D
The following constitutes Amendment No. 10 ("Amendment No. 11") to the Schedule 13D filed by the undersigned. Amendment No. 11 amends the Schedule 13D as specifically set forth herein.
Item 2 is hereby amended and restated to read as follows:
Item 2. Identity and Background.
Mr. David Polonitza’s current address is 54B Sandra Circle, Apt B1, Westfield, NJ 07090. David Polonitza has been the Chief Operating Officer of AB Value Management LLC since 2011. AB Value Management LLC’s address is 92 West Main Street, Freehold NJ 07728. From 2002 to 2010, Mr. Polonitza served in the United States Army, attaining the rank of Captain. Mr. Polonitza has a Bachelor of Science degree in Economics from the U.S. Military Academy at West Point and an MBA from the University of Louisville. David Polonitza is the son of Richard Polonitza and Greta Polonitza. David Polonitza is a citizen of the United States of America.
Mr. Wayne P. Jones’ current address is 2000 Indian Chute, Louisville, Kentucky, 40207, and current business address is 555 South Floyd Street, Louisville, Kentucky 40202. Wayne P. Jones is a professor at the University of Louisville. Wayne P. Jones is a citizen of the United States of America.
Mr. Kirk Anderson’s current address is 7167 Lake Cove Drive, Alexandria, VA 22315. Kirk Anderson is a Network Engineer at Verizon Federal Network Systems, 1300 North 17th Street, Suite 1200 Arlington, VA 22209. Kirk Anderson is a citizen of the United States of America.
Mr. Richard Polonitza’s current address is 23 Retford Avenue, Cranford, New Jersey, 07016. Richard Polonitza is retired. Richard Polonitza is the father of David Polonitza and husband of Greta Polonitza. Richard Polonitza is a citizen of the United States of America.
Mrs. Greta Polonitza’s current address is 23 Retford Avenue, Cranford, New Jersey, 07016. Greta Polonitza is a retired teacher. Greta Polonitza is the wife of Richard Polonitza, and the mother of David Polonitza. Greta Polonitza is a citizen of the United States of America.
(d)-(e)
During the last five years, none of the Reporting Persons has been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors) or been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws.
Item 3 is hereby amended and restated to read as follows:
Item 3. Source and Amount of Funds or Other Consideration.
David Polonitza, Richard Polonitza, Greta Polonitza, and Kirk Anderson each acquired his or her Common Stock currently held with personal funds either through a personal account or an IRA. None of the securities have now or ever been pledged for any loans nor used for other margin purposes. The aggregate total cost of the shares that these individuals may be deemed to beneficially own is approximately $723,544.
Item 4 is hereby amended and restated to read as follows:
Item 4. Purpose of Transaction.
On March 2, 2012, David Polonitza delivered a letter to the Corporate Secretary of the Issuer nominating Wayne P. Jones and David Polonitza (collectively, the “Nominees”) to be elected to the Board at the 2011 annual meeting of stockholders of the Issuer, or any other meeting of stockholders held in lieu thereof, and any adjournments, postponements, reschedulings or continuations thereof.
Item 5 is hereby amended and restated to read as follows:
Item 5. Interest in Securities of the Issuer.
(a)-(b). As of March 2, 2012, the aggregate number of shares of Common Stock and percentage of the outstanding Common Stock of the Issuer beneficially owned (i) by each of the Reporting Persons, and (ii) to the knowledge of the Reporting Persons, by each other person who may be deemed to be a member of a group, is as follows:
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Reporting Person |
Aggregate Number of Shares |
Number of Shares: Sole Power to Vote or Dispose |
Number of Shares: Shared Power to Vote or Dispose |
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David Polonitza |
128640 |
128640 |
0 |
3.54% |
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Kirk Anderson |
71645 |
71645 |
0 |
1.97% |
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Richard and Greta Polonitza |
8402 |
8402 |
0 |
0.23% |
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Total |
208,687 |
208,687 |
0 |
5.74% |
*Based on 3,633,276 shares of Common Stock, Par Value $0.01 per share, outstanding pursuant to the Issuer's Form 10-Q filed with the Securities and Exchange Commission on December 14, 2011, for the quarter ended October 31, 2011.
The Reporting Persons have verbally agreed and intend to vote any proxies or act on any shareholder matters as one group. No member of the group has the power or right to vote or dispose of the shares of any other member of the group.
As of the close of business on March 2, 2012, the Reporting Persons collectively owned an aggregate of 208,687 Shares, constituting approximately 5.74% of the Shares outstanding.
Each of the Reporting Persons, as a member of a “group” with the other Reporting Persons for purposes of Rule 13d-5(b)(1) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), may be deemed to beneficially own the Shares owned by the other Reporting Persons. The filing of this Schedule 13D shall not be deemed an admission that the Reporting Persons are, for purposes of Section 13(d) of the Exchange Act, the beneficial owners of any Shares he or it does not directly own. Each of the Reporting Persons specifically disclaims beneficial ownership of the Shares reported herein that he or it does not directly own.
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c) The table below lists all the transactions in the Issuer's Common Stock in the last sixty days by the Reporting Persons. All transactions were made in the open market. |
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Transactions in Common Stock Within the Past Sixty Days |
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Party |
Date of Purchase/ Sale |
Number of Shares of the Common Stock |
Buy/Sell |
Price Per Share |
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None |
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(d) No person other than the Reporting Persons is known to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, such shares of Common Stock beneficially owned by the Reporting Persons.
(e) Not Applicable.
Item 7 is hereby amended to add the following exhibits:
Item 7. Material to be filed as Exhibits
1. Nomination Letter from David Polonitza to ITEX Corporation dated March 2, 2012 (filed herewith as Exhibit 99.1).
SIGNATURES
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
Date: March 2, 2012
By: /s/ David Polonitza
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Name: David Polonitza
By: /s/ David Polonitza
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Name: David Polonitza as attorney-in-fact for Richard Polonitza
By: /s/ David Polonitza
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Name: David Polonitza as attorney-in-fact for Greta Polonitza
By: /s/ David Polonitza
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Name: David Polonitza as attorney-in-fact for Kirk Anderson
By: /s/ David Polonitza
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Name: David Polonitza as attorney-in-fact for Wayne P. Jones
EXHIBIT 99.1
David Polonitza
54B Sandra Circle, Apt B1
Westfield, NJ 07090
March 2, 2012
VIA STANDARD MAIL AND FACSIMILE
Board of Directors of ITEX Corporation
3326 160th Avenue SE
Suite 100
Bellevue, WA 98008
Attention: Corporate Secretary
Re: PROPOSAL OF NOMINATION OF CANDIDATES FOR ELECTION AS DIRECTORS AT THE 2011 ANNUAL MEETING OF STOCKHOLDERS OF ITEX CORPORATION (the "CORPORATION")
Ladies and Gentlemen:
David Polonitza (“Polonitza”) hereby submits this notice (this "Notice") on the date hereof pursuant to the requirements set forth in Article II, Section 2.6 of the Amended and Restated Bylaws of the Corporation (attached as Exhibit 3.2 to the Form 8-K filed by the Corporation with the U.S. Securities and Exchange Commission (the "SEC") on December 19, 2008 (the "Bylaws") of his proposal to nominate the Slate (as defined below) for election as directors of the Corporation at the 2011 Annual Meeting of Stockholders of the Company, or any other meeting of stockholders held in lieu thereof, and any adjournments, postponements, reschedulings or continuations thereof (the “2011 Annual Meeting”).
Polonitza, is, as of the date hereof, the record owner of 200 and the beneficial owner of 128,435 shares of the Common Stock of ITEX Corporation. Enclosed is a copy of the stock certificate showing such record ownership. Polonitza is therefore entitled to nominate persons for election as directors at the Company’s 2011 Annual Meeting.
Polonitza hereby proposes to nominate for election as directors of the Corporation the following persons (each, a "Nominee" and collectively, the "Nominees" or the "Slate"):
Mr. Wayne P. Jones
Mr. David Polonitza
Polonitza believes that the terms of three (3) directors currently serving on the ITEX Board expire at the 2011 Annual Meeting. To the extent there are in excess of three (3) vacancies on the ITEX Board to be filled by election at the 2011 Annual Meeting or if the management of the Corporation increases the size of the ITEX Board above its existing size, Polonitza reserves the right to nominate additional nominees to be elected to the ITEX Board at the 2011 Annual Meeting.
The information concerning Polonitza and the Nominees required by Article II, Section 2.6 of the Bylaws is set forth below:
EXHIBIT 99.1
I. NAME AND ADDRESS OF THE STOCKHOLDER WHO INTENDS TO MAKE THE NOMINATION, AS THEY APPEAR ON THE CORPORATION'S STOCK LEDGER:
David Polonitza
Address: 54B Sandra Circle, Apt B1, Westfield NJ 07090
II. NAME, AGE, BUSINESS ADDRESS AND, IF KNOWN, RESIDENCE ADDRESS OF THE NOMINEES:
· Wayne P. Jones, 69
Business address: 555 South Floyd Street, Louisville, KY 40202
Residence address: 2000 Indian Chute, Louisville KY 40207
· David Polonitza, 32
Business address: 92 West Main Street, Freehold NJ 07090
Residence address: 54B Sandra Circle, Apt B1, Westfield NJ 07090
III. PRINCIPAL OCCUPATION OR EMPLOYMENT OF THE NOMINEES:
· WAYNE P. JONES has been a Professor of Business at the University of Louisville, College of Business & Public Administration, Louisville, Kentucky, since 1998. Mr. Jones is past CEO of Pizza Hut Franchise Association, President of KFC Canada, Senior VP of Operations for Arby’s Restaurants, and Vice President Marketing & Development for Tumbleweed Restaurants, Inc. He also held executive and marketing positions at the H.J. Heinz and General Mills companies. Mr. Jones is CEO and Managing Director of The University Group, LTD, a management consultancy, and consults with a wide range of clients. He is an active lecturer in Corporate Strategy, New Venture Creation, New Product Development, Franchising and Marketing Strategy. He is also a Certified Expert Witness in franchising who serves as an Expert Witness in Marketing and Franchising cases. Mr. Jones holds a Ph.D. from Marquette University and an MBA from the University of Louisville. He brings significant business and franchise experience and he will work to address ITEX’s franchise operations.
· David Polonitza has been the Chief Operating Officer of AB Value Management LLC since 2011. From 2002 to 2010, Mr. Polonitza served in the United States Army, attaining the rank of Captain. Mr. Polonitza has a Bachelor of Science degree in Economics from the U.S. Military Academy at West Point and an MBA from the University of Louisville. He brings significant organizational and strategic experience and he will work to address ITEX’s governance issues.
IV. CLASS AND NUMBER OF SHARES OF STOCK OF ITEX WHICH ARE BENEFICIALLY OWNED BY THE NOMINEES AND BY THE NOMINATING STOCKHOLDER:
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NAME |
BENEFICIAL OWNERSHIP |
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· David Polonitza |
128,640 shares of Common Stock, $0.01 par value. |
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EXHIBIT 99.1
David Polonitza has a Disclosable Interest, as defined by Article II, Section 2.6(a)(v) of the Bylaws, in 208,687 shares of Common Stock, $0.01 par value, owned by members of the “Polonitza Group” as disclosed in the Schedule 13D filed by Polonitza on December 27, 2007, as such filing was amended on March 3, 2009, September 9, 2009, April 6, 2010, June 30, 2010, July 19, 2010, September 8, 2010, December 17, 2010, April 27, 2011, August 23, 2011, and September 12, 2011.
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· Wayne P. Jones |
0 shares of Common Stock, $0.01 par value. |
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V. ANY OTHER INFORMATION RELATING THE PROPOSED NOMINEES THAT IS REQUIRED TO BE DISCLOSED IN A PROXY STATEMENT OR OTHER FILINGS REQUIRED TO BE MADE IN CONNECTION WITH THE SOLICITATION OF PROXIES FOR ELECTION OF DIRECTORS IN A CONTESTED ELECTION PURSUANT TO REGULATION 14A UNDER THE SECURITIES EXCHANGE ACT OF 1934:
There are no arrangements or understandings among the Nominees, other than the consents by the Nominees to serve as directors of ITEX if elected as such at the 2011 Annual Meeting, the decision to file this Notice and the arrangement to split the cost of the legal fees incurred by the Nominees in connection with this Notice.
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None of the Nominees is involved in any material legal proceeding in which he is a party adverse to, or has a material interest adverse to that of the Corporation or any of its subsidiaries. |
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None of the Nominees has ever held any position or office with the Corporation, nor served as a Director of the Corporation. |
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To the best of Nominees’ knowledge, there exists no family relationship between the Nominees and any director, any other current nominee for election as director or any executive officer of the Corporation. |
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Presently, except as may be set forth in Item 2 above, none of the Nominees is a director or a nominee for election as director of any company with a class of securities registered pursuant to Section 12 of the Exchange Act or subject to the requirements of Section 15(d) of the Exchange Act or any company registered as an investment company under the Investment Company Act of 1940. |
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Within the past ten years, no petition under the Federal bankruptcy laws or any state insolvency law has been filed by or against, and no receiver, fiscal agent or similar court appointed officer has been appointed for the business or property of any Nominee or (a) any partnership in which any Nominee was a general partner; or (b) any corporation of which any Nominee was an executive officer, in either case within two years before the time of such filing. |
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Within the past ten years, none of the Nominees has been convicted in a criminal proceeding (excluding traffic violations or other minor offenses). |
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Within the past ten years, none of the Nominees has been the subject of any order, judgment or decree, not subsequently reversed, suspended or vacated, of any court of competent jurisdiction, that permanently or temporarily enjoined any of the following activities: (i) acting as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, floor broker, leverage transaction merchant, any other person regulated by the Commodity Futures Trading Commission, or an associated person of any of the foregoing, or as an investment adviser, underwriter, broker or dealer in securities, or as an affiliated person, director or employee of any investment company bank, savings and loan association or insurance company, or engaging in or continuing any conduct or practice in connection with such activity; (ii) engaging in any type of business practice; or (iii) engaging in any activity in connection with the purchase or sale of any security or commodity or in connection with any violation of Federal or State securities laws or Federal commodities laws. |
EXHIBIT 99.1
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Within the past ten years, none of the Nominees has been the subject of any order, judgment or decree, not subsequently reversed, suspended or vacated, of any Federal or State authority barring, suspending or otherwise limiting for more than 60 days the right to engage in any activity described in clause (i) of the item above, or the right to be associated with persons engaged in any such activity. |
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Within the past ten years, none of the Nominees has been found, by a court of competent jurisdiction in a civil action or by the Securities and Exchange Commission, to have violated any Federal or State securities law. |
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Within the past ten years, none of the Nominees has been found, by a court of competent jurisdiction in a civil action or by the Commodity Futures Trading Commission, to have violated any Federal commodities law. |
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Within the past ten years, none of the Nominees has been the subject of, or a party to, any Federal or State judicial or administrative order, judgment, decree or finding, not subsequently reversed, suspended or vacated, relating to an alleged violation of (i) any Federal or State securities or commodities law or regulation; (ii) any law or regulation respecting financial institutions or insurance companies including, but not limited to, a temporary or permanent injunction, order of disgorgement or restitution, civil money penalty or temporary or permanent cease-and-desist order, or removal or prohibition order; or (iii)any law or regulation prohibiting mail or wire fraud or fraud in connection with any business entity. |
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Within the past ten years, none of the Nominees has been the subject of, or a party to, any sanction or order, not subsequently reversed, suspended or vacated, of any self-regulatory organization, any registered entity, or any equivalent exchange, association, entity or organization that has disciplinary authority over its member or persons associated with a member. |
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The Nominees do not currently and do not expect, (other than pursuant to the Corporation’s existing plans and policies relating to Directors) if elected, to receive any cash compensation, bonus, deferred compensation, pension plan coverage, stock option or stock appreciation rights from the Corporation. |
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Neither the Nominees nor, to the best of the Nominees’ knowledge, any of the Nominees’ associates or immediate family members had or have a direct or indirect material interest in any transaction or series of similar transactions with the Corporation or any of its subsidiaries in which the amount involved exceeds $120,000 and which has occurred since January 1, 2009 or is currently proposed. |
EXHIBIT 99.1
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Each of the Nominees has not been an executive officer of, does not own, and did not own during 2008, 2009 or 2010 (of record or beneficially), an equity interest in excess of ten percent (10%) of any business or professional entity that has made, payments to the Corporation or its subsidiaries for property or services in excess of five percent (5%) of (i) the Corporation’s consolidated gross revenues for 2008, 2009 or 2010 or (ii) the other entity’s consolidated gross revenues for its last full fiscal year. |
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Each of the Nominees has not been an executive officer of, does not own, and did not own during 2008, 2009 or 2010 (of record or beneficially) an equity interest in excess of ten percent (10%) of any business or professional entity to which the Corporation or its subsidiaries has made payments for property or services in excess of five percent (5%) of (i) the Corporation’s consolidated gross revenues for 2008, 2009 or 2010 or (ii) the other entity’s consolidated gross revenues for its last fiscal year. |
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Each of the Nominees has not been an executive officer of, does not own and did not during 2008, 2009 or 2010 own (of record, or beneficially), an equity interest in excess of ten percent (10%) of any business or professional entity to which the Corporation or its subsidiaries was indebted in an aggregate amount in excess of five percent (5%) of the Corporation’s total consolidated assets as of January 1, 2009. |
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Each of the Nominees is not, and during 2008, 2009 or 2010 was not, a member of, or of counsel to, a law firm that the Corporation retained during 2008, 2009 or 2010, or to the best of such Nominee’s knowledge, proposes to retain during the current fiscal year. |
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Each of the Nominees is not, and during 2008, 2009 or 2010 was not, a partner or executive officer of any investment banking firm that has performed services for the Corporation during 2008, 2009 or 2010 or that the Corporation proposes to have perform services during the current fiscal year. |
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Since January 1, 2009, the Nominees have not been, and to the best of the Nominees’ knowledge none of the following persons has been, indebted to the Corporation or any of its subsidiaries in an amount that exceeds $120,000: (i) any immediate family members of the Nominees; (ii) any corporation or organization of which each Nominee is an executive officer or partner or is, directly or indirectly, the beneficial owner of ten percent (10%) or more of any class of equity securities; or (iii) any trust or estate in which each Nominee has a substantial beneficial interest or serves as a trustee or in a similar capacity. |
VI. THE EXECUTED CONSENT OF THE NOMINEES TO SERVE AS A DIRECTOR OF ITEX, IF ELECTED:
Each of the Nominees hereby consents to be named as a nominee in this Notice, to be named as a nominee in any proxy statement filed by the Corporation or Polonitza and to serve as a director of the Corporation, if so elected.
Information is set forth herein as of the close of business on March 1, 2012. Neither the delivery of this Notice nor any delivery by any Nominee of additional information to the Corporation from and after the date hereof shall be deemed to constitute an admission by any Nominee that such delivery is required or that each and every item or any item of information is required or as to the legality or enforceability of any notice requirement or any other matter, or a waiver by any Nominee of their right to contest or challenge, in any way, the validity or enforceability of any notice requirement or any other matter (including actions taken by the Board of Directors of the Corporation in anticipation of or following receipt of this Notice). Furthermore, if the Board of Directors of the Corporation increases the number of directors to be nominated and elected at the 2011 Annual Meeting, Polonitza reserves the right to add additional director nominees in respect of each such additional directorship. In the event any statement or other information in this Notice is not true, or to the extent any applicable information has been omitted from this Notice, the Nominees reserve the right to correct and/or supplement any such statement or other information set forth in this Notice.
EXHIBIT 99.1
Please address any correspondence to David Polonitza at his home address or contact him by phone at 502-460-3141.
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Very truly yours,
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/s/ David Polonitza |
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DAVID POLONITZA |
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/s/ Wayne P. Jones |
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WAYNE P. JONES |
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