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Share Name | Share Symbol | Market | Type |
---|---|---|---|
Maxxam | AMEX:MXM | AMEX | Ordinary Share |
Price Change | % Change | Share Price | High Price | Low Price | Open Price | Shares Traded | Last Trade | |
---|---|---|---|---|---|---|---|---|
0.00 | 0.00% | 0.00 | - |
a. þ | The filing of solicitation materials or an information statement subject to Regulation 14A, Regulation 14C or Rule 13e-3(c) under the Securities Exchange Act of 1934. |
b. o | The filing of a registration statement under the Securities Act of 1933. |
c. o | A tender offer. |
d. o | None of the above. |
Transaction Valuation* | Amount of Filing Fee* | ||||
$1,806,000 | $100.77 | ||||
* | Pursuant to Rule 0-11(b)(1) and Fee Rate Advisory #5 dated March 11, 2009, the transaction valuation equals the value of the securities proposed to be acquired and the filing fee equals $55.80 per million of the transaction value, in each case based on the cash out prices proposed to be paid for the estimated numbers of shares of Common Stock and Class A Preferred Stock proposed to be acquired in the Rule 13e-3 Transaction. |
o | Check box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the form or schedule and date of its filing. |
Amount Previously Paid: 100.77 |
Form or Registration No.: Schedule 13E-3 |
Filing Party: MAXXAM Inc., Charles E. Hurwitz, Gilda Investments, LLC, Giddeon Holdings, Inc., Hurwitz Investment Partnership L.P., Hurwitz Family Foundation, and Shawn M. Hurwitz |
Date Filed: August 26, 2009 |
(a) | Name and Address. |
1
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Background of MAXXAM. | |||
(b) | Securities. |
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Description of Capital Stock. | |||
(c) | Trading Market and Price. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: VOTING SECURITIES-Market Price of Common Stock. | |||
(d) | Dividends. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: VOTING SECURITIES-Dividends. | |||
(e) | Prior Public Offerings. | ||
Not applicable. | |||
(f) | Prior Stock Purchases. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: VOTING SECURITIES-Common Stock Repurchases. |
(a) | Name and Address. | ||
The information set forth in the Proxy Statements under the following captions is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Background of MAXXAM and -Description and Interest of Certain Persons in Matters to be Acted Upon. | |||
(b) | Business and Background of Entities. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Description and Interest of Certain Persons in Matters to be Acted Upon. | |||
(c) | Business and Background of Natural Persons. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Description and Interest of Certain Persons in Matters to be Acted Upon. |
(a)(2) | Material Terms. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Purpose of the Reverse Stock Split, -Effects of the Reverse Stock Split, -Fairness of the Reverse Stock Split, -Material United States Federal Income Tax Consequences to Stockholders, and -Financing, Source of Funds and Expenses, REVERSE |
2
STOCK SPLIT PROPOSAL-Accounting Treatment, and MEETING AND VOTING INFORMATION-Quorum and Required Vote. | |||
(c) | Different Terms. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Effects of the Reverse Stock Split and -Fairness of the Reverse Stock Split, and REVERSE STOCK SPLIT PROPOSAL-Summary and Structure. | |||
(d) | Appraisal Rights. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Unavailability of Appraisal or Dissenters Rights. | |||
(e) | Provisions for Unaffiliated Security Holders. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SPECIAL FACTORS-Effects of the Reverse Stock Split and -Fairness of the Reverse Stock Split and AVAILABLE INFORMATION. | |||
(f) | Eligibility for Listing or Trading. | ||
Not applicable. |
(a) | Transactions. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: PAST CONTACTS, TRANSACTIONS, NEGOTIATIONS AND AGREEMENTS-Related Party Transactions. | |||
(b) | Significant Corporate Events. | ||
Not applicable. | |||
(c) | Negotiations or Contacts. | ||
Not applicable. | |||
(e) | Agreements Involving the Subject Companys Securities. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Description of Capital Stock and PAST CONTACTS, TRANSACTIONS, NEGOTIATIONS AND AGREEMENTS-Director and Officer Compensation and -Related Party Transactions. |
(b) | Use of Securities Acquired. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: QUESTIONS AND ANSWERS ABOUT THE MEETING AND REVERSE STOCK SPLIT and REVERSE STOCK SPLIT PROPOSAL-Accounting Treatment. | |||
(c) | Plans. |
3
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Purpose of the Reverse Stock Split, -Description of the Reverse Stock Split, and -Effects of the Reverse Stock Split, VOTING SECURITIES-Market Price of Common Stock and -Dividends and PAST CONTACTS, TRANSACTIONS, NEGOTIATIONS AND AGREEMENTS-Company Plans. |
(a) | Purposes. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Purpose of the Reverse Stock Split, and REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split. | |||
(b) | Alternatives. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: SPECIAL FACTORS-Alternatives to the Reverse Stock Split. | |||
(c) | Reasons. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, and SPECIAL FACTORS-Purpose of the Reverse Stock Split, and REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split. | |||
(d) | Effects. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Effects of the Reverse Stock Split and -Fairness of the Reverse Stock Split, and REVERSE STOCK SPLIT PROPOSAL-Summary and Structure and -Material United States Federal Income Tax Consequences to Stockholders. |
(a) | Fairness. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, SPECIAL FACTORS-Fairness of the Reverse Stock Split and -Opinion of WoodRock & Co. and REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split. | |||
(b) | Factors Considered in Determining Fairness. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, SPECIAL FACTORS-Fairness of the Reverse Stock Split and -Opinion of Woodrock & Co. | |||
(c) | Approval of Security Holders. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, SPECIAL FACTORS-Fairness of the Reverse Stock Split, and MEETING AND VOTING INFORMATION-Quorum and Required Vote. | |||
(d) | Unaffiliated Representative. |
4
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: SPECIAL FACTORS-Fairness of the Reverse Stock Split. | |||
(e) | Approval of Directors. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SPECIAL FACTORS-Fairness of the Reverse Stock Split and -Conclusion and REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split and -Recommendation of the Board of Directors. | |||
(f) | Other Offers. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: SPECIAL FACTORS-Fairness of the Reverse Stock Split. |
(a) | Report, Opinion or Appraisal. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, SPECIAL FACTORS-Fairness of the Reverse Stock Split, and -Opinion of WoodRock & Co., REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split, and Exhibit A to the Proxy Statement entitled FAIRNESS OPINION. | |||
(b) | Preparer and Summary of the Report, Opinion or Appraisal. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SPECIAL FACTORS-Fairness of the Reverse Stock Split and -Opinion of WoodRock & Co., and REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split. | |||
(c) | Availability of Documents. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: SPECIAL FACTORS-Opinion of WoodRock & Co. |
(a) | Source of Funds. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Financing, Source of Funds and Expenses, and MEETING AND VOTING INFORMATION-Solicitation and Costs. | |||
(b) | Conditions. | ||
Not applicable. | |||
(c) | Expenses. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SPECIAL FACTORS-Financing, Source of Funds and Expenses and MEETING AND VOTING INFORMATION-Solicitation and Costs. | |||
(d) | Borrowed Funds. | ||
Not applicable. |
5
(a) | Securities Ownership. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: REVERSE STOCK SPLIT PROPOSAL-Description and Interest of Certain Persons in Matters to be Acted Upon and -Principal Holders and Management Ownership. | |||
(b) | Securities Transactions. | ||
Not applicable. |
(d) | Intent to Tender or Vote in a Going Private Transaction. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Effects of the Reverse Stock Split, -Fairness of the Reverse Stock Split and -Conclusion and REVERSE STOCK SPLIT PROPOSAL-Recommendation of the Board of Directors and -Description and Interest of Certain Persons in Matters to be Acted Upon. | |||
(e) | Recommendations of Others. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: SUMMARY TERM SHEET, QUESTIONS AND ANSWERS ABOUT THE MEETING AND THE REVERSE STOCK SPLIT, SPECIAL FACTORS-Fairness of the Reverse Stock Split and -Conclusion and REVERSE STOCK SPLIT PROPOSAL-Background of the Reverse Stock Split and-Recommendation of the Board of Directors. |
(a) | Financial Information. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: FINANCIAL INFORMATION-Summary Historical Financial Information. | |||
(b) | Pro forma Information. | ||
The information set forth in the Proxy Statement under the following captions is incorporated herein by reference: FINANCIAL INFORMATION-Pro Forma Consolidated Financial Statements (Unaudited) and -Notes to Unaudited Pro Forma Condensed Consolidated Financial Statements. |
(a) | Solicitations or Recommendations. | ||
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: MEETING AND VOTING INFORMATION-Solicitation and Costs. | |||
(b) | Employees and Corporate Assets. |
6
The information set forth in the Proxy Statement under the following caption is incorporated herein by reference: MEETING AND VOTING INFORMATION-Solicitation and Costs. |
(b) | Other Material Information. | ||
The information contained in the Proxy Statement, including all appendices and the proxy cards attached thereto, is incorporated herein by reference. |
|
(a)(i) | Definitive Proxy Statement (the Proxy Statement ) on Schedule 14A including all appendices and the proxy cards attached thereto, filed by MAXXAM with the SEC on November 18, 2009 (incorporated herein by reference to the Schedule 14A filed by MAXXAM with the SEC on November 18, 2009). | ||
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(a)(ii) | Press Release issued by MAXXAM on August 24, 2009 (incorporated herein by reference to Exhibit 99.1 to the Current Report on Form 8-K filed by MAXXAM with the SEC on August 24, 2009). | ||
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(a)(iii) | Annual Report on Form 10-K for the fiscal year ended December 31, 2008, filed by MAXXAM with the SEC on March 31, 2009 (incorporated herein by reference to such SEC filing) | ||
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(a)(iv) | Quarterly Report on Form 10-Q for the quarter ended September 30, 2009, filed by MAXXAM with the SEC on November 16, 2009 (incorporated herein by reference to such SEC filing) | ||
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(c)(i) | WoodRock & Co. Presentation to the Board of Directors, furnished to MAXXAM Inc. directors on August 14, 2009 (incorporated herein by reference to Exhibit (c)(i) to Amendment No. 3 to Schedule 13E-3 filed by MAXXAM with the SEC on October 16, 2009). | ||
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(c)(ii) | WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 17, 2009 (incorporated herein by reference to Exhibit (c)(ii) to Amendment No. 2 to Schedule 13E-3 filed by MAXXAM with the SEC on September 30, 2009; Amendment No. 2 ). | ||
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(c)(iii) | Executive summary page and replacement update pages for WoodRock & Co. Presentation to the Board of Directors, furnished to MAXXAM Inc. directors on August 18, 2009 (incorporated herein by reference to Exhibit (c)(iii) to Amendment No. 2). | ||
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(c)(iv) | Revised WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 18, 2009 (incorporated herein by reference to Exhibit (c)(iv) to Amendment No. 2). | ||
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(c)(v) | Revised WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 21, 2009, marked to show changes to the draft Fairness Opinion distributed to MAXXAM Inc. directors on August 18, 2009 (incorporated herein by reference to Exhibit (c)(v) to Amendment No. 2). | ||
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(c)(vi) | Revised WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 24, 2009, marked to show changes to the draft Fairness Opinion distributed to MAXXAM Inc. directors on August 21, 2009 (incorporated herein by reference to Exhibit (c)(vi) to Amendment No. 2). | ||
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(c)(vii) | Unmarked version of the revised draft WoodRock Fairness Opinion, furnished to MAXXAM Inc. directors on August 24, 2009 (incorporated herein by reference to Exhibit (c)(vii) to Amendment No. 2). | ||
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(c)(viii) | Executed Fairness Opinion of WoodRock & Co., dated August 24, 2009 (incorporated herein by reference to Exhibit A to the Proxy Statement). | ||
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(c)(ix) | Letter Agreement between MAXXAM Inc. and WoodRock & Co. dated September 24, 2009 (incorporated herein by reference to Exhibit (c)(ix) to Amendment No. 2). |
7
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(d)(i) | MAXXAM 2002 Omnibus Employee Incentive Plan, as amended (incorporated herein by reference to Exhibit 10.51 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | ||
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(d)(ii) | MAXXAM 1994 Omnibus Employee Incentive Plan, as amended (incorporated herein by reference to Exhibit 10.53 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | ||
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(d)(iii) | Restricted Stock Agreement dated December 13, 1999, between the Company and Charles E. Hurwitz, as amended (incorporated herein by reference to Exhibits 10.71 and 10.72 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | ||
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(d)(iv) | MAXXAM Amended and Restated Non-Employee Director Stock Plan (incorporated herein by reference to Exhibit 99.1 to the Schedule 14A filed by MAXXAM with the SEC on April 20, 2004). | ||
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(d)(v) | Rights Agreement, dated as of December 15, 1999, between MAXXAM Inc. and American Stock Transfer & Trust Company (incorporated herein by reference to Exhibit 4.1 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | ||
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(d)(vi) | Deferred Fee Agreement, dated September 1, 1994, between the Company and Ezra G. Levin, as amended (incorporated herein by reference to Exhibits 10.77, 10.78 and 10.79 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | ||
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(d)(vii) | Separation, Release and Confidentiality Agreement, dated July 31, 2008, between the Company and J. Kent Friedman (incorporated herein by reference to Exhibit 10.1 to the Current Report on Form 8-K/A Amendment No. 1 filed by MAXXAM with the SEC on August 7, 2008). [Note: A portion of this exhibit has been redacted and the redacted portion separately filed with the Securities and Exchange Commission pursuant to a request for confidential treatment.] |
8
Date: November 18, 2009
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MAXXAM INC. | |||
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/s/ Charles E. Hurwitz | |||
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Chief Executive Officer | |||
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/s/ Charles E. Hurwitz | |||
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Charles E. Hurwitz | |||
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GILDA INVESTMENTS, LLC | |||
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/s/ Charles E. Hurwitz | |||
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Charles E. Hurwitz | |||
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President | |||
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GIDDEON HOLDINGS, INC. | |||
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/s/ Charles E. Hurwitz | |||
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Charles E. Hurwitz | |||
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President | |||
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HURWITZ INVESTMENT PARTNERSHIP L.P. | |||
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/s/ Charles E. Hurwitz | |||
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Charles E. Hurwitz | |||
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Managing General Partner | |||
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HURWITZ FAMILY FOUNDATION | |||
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/s/ Charles E. Hurwitz | |||
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Charles E. Hurwitz | |||
|
President | |||
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/s/ Shawn M. Hurwitz | |||
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Shawn M. Hurwitz |
Exhibit
Number |
Description | |||
(a)(i)
|
Definitive Proxy Statement (the Proxy Statement ) on Schedule 14A including all appendices and the proxy cards attached thereto, filed by MAXXAM with the SEC on November 18, 2009 (incorporated herein by reference to the Schedule 14A filed by MAXXAM with the SEC on November 18, 2009). | |||
|
||||
(a)(ii)
|
Press Release issued by MAXXAM on August 24, 2009 (incorporated herein by reference to Exhibit 99.1 to the Current Report on Form 8-K filed by MAXXAM with the SEC on August 24, 2009). | |||
|
||||
(a)(iii)
|
Annual Report on Form 10-K for the fiscal year ended December 31, 2008, filed by MAXXAM with the SEC on March 31, 2009 (incorporated herein by reference to such SEC filing) | |||
|
||||
(a)(iv)
|
Quarterly Report on Form 10-Q for the quarter ended September 30, 2009, filed by MAXXAM with the SEC on November 16, 2009 (incorporated herein by reference to such SEC filing) | |||
|
||||
(c)(i)
|
WoodRock & Co. Presentation to the Board of Directors, furnished to MAXXAM Inc. directors on August 14, 2009 (incorporated herein by reference to Exhibit (c)(i) to Amendment No. 3 to Schedule 13E-3 filed by MAXXAM with the SEC on October 16, 2009). | |||
|
||||
(c)(ii)
|
WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 17, 2009 (incorporated herein by reference to Exhibit (c)(ii) to Amendment No. 2 to Schedule 13E-3 filed by MAXXAM with the SEC on September 30, 2009; Amendment No. 2 ). | |||
|
||||
(c)(iii)
|
Executive summary page and replacement update pages for WoodRock & Co. Presentation to the Board of Directors, furnished to MAXXAM Inc. directors on August 18, 2009 incorporated herein by reference to Exhibit (c)(iii) to Amendment No. 2). | |||
|
||||
(c)(iv)
|
Revised WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 18, 2009 incorporated herein by reference to Exhibit (c)(iv) to Amendment No. 2). | |||
|
||||
(c)(v)
|
Revised WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 21, 2009, marked to show changes to the draft Fairness Opinion distributed to MAXXAM Inc. directors on August 18, 2009 incorporated herein by reference to Exhibit (c)(v) to Amendment No. 2). | |||
|
||||
(c)(vi)
|
Revised WoodRock & Co. draft Fairness Opinion, furnished to MAXXAM Inc. directors on August 24, 2009, marked to show changes to the draft Fairness Opinion distributed to MAXXAM Inc. directors on August 21, 2009 incorporated herein by reference to Exhibit (c)(vi) to Amendment No. 2). | |||
|
||||
(c)(vii)
|
Unmarked version of the revised draft WoodRock Fairness Opinion, furnished to MAXXAM Inc. directors on August 24, 2009 incorporated herein by reference to Exhibit (c)(vii) to Amendment No. 2). | |||
|
||||
(c)(viii)
|
Executed Fairness Opinion of WoodRock & Co., dated August 24, 2009 (incorporated herein by reference to Exhibit A to the Proxy Statement). | |||
|
||||
(c)(ix)
|
Letter Agreement between MAXXAM Inc. and WoodRock & Co. dated September 24, 2009 incorporated herein by reference to Exhibit (c)(ix) to Amendment No. 2). | |||
|
||||
(d)(i)
|
MAXXAM 2002 Omnibus Employee Incentive Plan, as amended (incorporated herein by reference to Exhibit 10.51 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | |||
|
||||
(d)(ii)
|
MAXXAM 1994 Omnibus Employee Incentive Plan, as amended (incorporated herein by reference to Exhibit 10.53 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | |||
|
||||
(d)(iii)
|
Restricted Stock Agreement dated December 13, 1999, between the Company and Charles E. Hurwitz, as amended (incorporated herein by reference to Exhibits 10.71 and 10.72 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | |||
|
||||
(d)(iv)
|
MAXXAM Amended and Restated Non-Employee Director Stock Plan (incorporated herein by reference to Exhibit 99.1 to the Schedule 14A filed by MAXXAM with the SEC on April 20, 2004). |
Exhibit
Number |
Description | |
(d)(v)
|
Rights Agreement, dated as of December 15, 1999, between MAXXAM Inc. and American Stock Transfer & Trust Company (incorporated herein by reference to Exhibit 4.1 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | |
|
||
(d)(vi)
|
Deferred Fee Agreement, dated September 1, 1994, between the Company and Ezra G. Levin, as amended (incorporated herein by reference to Exhibits 10.77, 10.78 and 10.79 to the Annual Report on Form 10-K filed by MAXXAM with the SEC on March 31, 2009). | |
|
||
(d)(vii)
|
Separation, Release and Confidentiality Agreement, dated July 31, 2008, between the Company and J. Kent Friedman (incorporated herein by reference to Exhibit 10.1 to the Current Report on 8-K/A Amendment No. 1 filed by MAXXAM with the SEC on August 7, 2008). [Note: A portion of this exhibit has been redacted and the redacted portion separately filed with the Securities and Exchange Commission pursuant to a request for confidential treatment.] |
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