-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JuDODh1FdWdwARRIAVyEf7AyFeHkD4I/MLk9VXIEwvk7+dL3S+YY2anKOeYDb/l6 ehPQDZIgrDTep+IwYVL+7A== /in/edgar/work/20000613/0001000577-00-000010/0001000577-00-000010.txt : 20000919 0001000577-00-000010.hdr.sgml : 20000919 ACCESSION NUMBER: 0001000577-00-000010 CONFORMED SUBMISSION TYPE: DEFC14C PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20000613 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: SIMON TRANSPORTATION SERVICES INC CENTRAL INDEX KEY: 0001000577 STANDARD INDUSTRIAL CLASSIFICATION: [4213 ] IRS NUMBER: 870545608 STATE OF INCORPORATION: NV FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: DEFC14C SEC ACT: SEC FILE NUMBER: 000-27208 FILM NUMBER: 654133 BUSINESS ADDRESS: STREET 1: 4646 SOUTH 500 WEST STREET 2: P O BOX 26297 CITY: SALT LAKE CITY STATE: UT ZIP: 84126-0247 BUSINESS PHONE: 8007779100 MAIL ADDRESS: STREET 1: P O BOX 26297 CITY: SALT LAKE CITY STATE: UT ZIP: 84126-0297 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: SIMON TRANSPORTATION SERVICES INC CENTRAL INDEX KEY: 0001000577 STANDARD INDUSTRIAL CLASSIFICATION: [4213 ] IRS NUMBER: 870545608 STATE OF INCORPORATION: NV FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: DEFC14C BUSINESS ADDRESS: STREET 1: 4646 SOUTH 500 WEST STREET 2: P O BOX 26297 CITY: SALT LAKE CITY STATE: UT ZIP: 84126-0247 BUSINESS PHONE: 8007779100 MAIL ADDRESS: STREET 1: P O BOX 26297 CITY: SALT LAKE CITY STATE: UT ZIP: 84126-0297 DEFC14C 1 0001.txt PRESS RELEASE ------------------------------------------------------------------------------ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ------------------------- Proxy Statement Pursuant To Section 14(a) Of The Securities Exchange Act Of 1934 Filed by the Registrant X Filed by a Party other than the Registrant Check the appropriate box: Preliminary Proxy Statement Confidential, Use of the Commission Only (as permitted by Rule 14a-6(e)(2))Proxy Statement Definitive Proxy Statement Definitive Additional Materials X Soliciting Material Pursuant toss.240.14a-11(c) orss.240.14a-12 Simon Transportation Services Inc. ---------------------------------------------------------------------- (Name of Registrant as Specified in its Charter) ---------------------------------------------------------------------- (Name of Person(s) Filing Proxy Statement if other than the Registrant) Payment of Filing Fee (Check the appropriate box): X No fee required. Fee computed on table below per Exchange Act Rules 14a-6(i)(4) and 0-11. 1) Title of each class of securities to which transaction applies: 2) Aggregate number of securities to which transaction applies: 3) Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (Set forth the amount on which the filing fee is calculated and state how it was determined): 4) Proposed maximum aggregate value of transaction: 5) Total fee paid: Fee paid previously with preliminary materials. Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. 1) Amount Previously Paid: 2) Form, Schedule or Registration Statement No.: 3) Filing Party: 4) Date Filed: Board of Simon Transportation Services Opposes Moyes Consent Solicitation; Remains Neutral Toward Moyes Tender SALT LAKE CITY, June 13 /PRNewswire/ -- Simon Transportation Services, Inc. (Nasdaq: SIMN) today announced that its Board of Directors opposes the consent solicitation that Jerry Moyes recently commenced in an effort to take control of the Company's Board of Directors. The Company also announced that its Board of Directors will continue to remain neutral to Mr. Moyes' tender offer to purchase shares of Simon Class A and Class B Common Stock at a price of $7.00 per share. Richard D. Simon, the Company's Chairman and Chief Executive Officer, stated, "The Board of Directors strongly opposes Mr. Moyes' consent solicitation because it violates the good faith in which the Board cooperated with Mr. Moyes in the tender offer and, more importantly, could give Mr. Moyes control of the Company without his purchasing any additional shares." Mr. Simon explained, "Mr. Moyes owns a mere 10.8% of the Company and, if successful in his solicitation, could acquire control of the Company without purchasing any tendered shares." Mr. Simon continued, "Mr. Moyes' consent solicitation is not necessary for the tender offer to succeed. The Company's Board of Directors has already waived applicable anti-takeover statutes, has announced that it will not stand in the way of the tender offer and has otherwise cooperated with Mr. Moyes. The Board continues to remain neutral with respect to the tender offer." The Company indicated that it will soon distribute materials to stockholders to enable them to revoke any consents they have provided Mr. Moyes. Founded in 1955, Simon Transportation Services is a North American truckload carrier specializing in temperature-controlled delivery of products throughout the United States, Canada and Mexico. Note: This press release is for information purposes only and is not the solicitation of revocations of written consents. The revocation of consent solicitation materials, which are forthcoming, will contain important information that stockholders should consider before making any decision regarding their shares. Additional information about the Company may be accessed at the Company's Internet site (www.simn.com) and the Internet site of the Securities and Exchange Commission (www.sec.gov). CONTACT: Alban B. Lang, Chief Financial Officer of Simon Transportation Services, 801-924-7000; or Shirley Thompson, President, or Rita Tuttle, V.P., Director of Investor Relations, or Bevo Beaven, Senior Account Executive, all of Carl Thompson Associates, Inc., 800-959-9677, for Simon Transportation Services. -----END PRIVACY-ENHANCED MESSAGE-----