April 8, 2013
April 5, 2013
Office of Chief Counsel
Division of Corporation Finance
Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
# 2 Actavis, Inc. (ACT)
Defective Annual Meeting Proxy
Ladies and Gentlemen:
The company April 5, 2012 letter adds phony excuses to the bad faith cited in the proponents April 2, 2013 letter. Apparently the company had a word processor with a mind of its own only when it comes to rule 14a-8 proposals. The company does not cite any other word processing error in its 60-page proxy to support this phony excuse.
The company does not explain how 7-line titles are supposed to help shareholder proposals but not management proposals. The elongated title in effect mirrors part of the management opposition statement. The company does not explain how a so-called impartial title can in fairness include part of the management opposition statement.
Plus the company does not include the actual mumbo-jumbo title that will likely appear on the Internet ballots as someone else tries to condense the 7-line title to fit the Internet ballot format. This may be the primary reason for the 7-line title.
This is to request that the company distribute to all shareholders the complete rule 14a-8 proposal well in advance of the annual meeting. And to change all Internet ballots to the title submitted to the proponent well in advance of the annual meeting. It is important the action be taken promptly to reduce the level of unfairness in the 2013 annual election.
cc: David A. Buchen [email address redacted]
Chief Legal Officer – Global Secretary
Actavis, Inc. (ACT)