-----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, VPBprhdihXztcn2B/2mzU35anPUCJHXaQf4OLtjTrH02sMjiUvMHfAMkMPoHdb5y 6SHaOhpjijuHohJWi/PMWg== /in/edgar/work/20000905/0000914121-00-000703/0000914121-00-000703.txt : 20000922 0000914121-00-000703.hdr.sgml : 20000922 ACCESSION NUMBER: 0000914121-00-000703 CONFORMED SUBMISSION TYPE: DEFA14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20000905 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LODGIAN INC CENTRAL INDEX KEY: 0001066138 STANDARD INDUSTRIAL CLASSIFICATION: [7011 ] IRS NUMBER: 522093696 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DEFA14A SEC ACT: SEC FILE NUMBER: 001-14537 FILM NUMBER: 716175 BUSINESS ADDRESS: STREET 1: 3445 PEACHTREE ROAD N E SUITE 700 CITY: ATLANTA STATE: CA ZIP: 30326 BUSINESS PHONE: 4043649400 MAIL ADDRESS: STREET 1: 3445 PEACHTREE ROAD N E SUITE 700 CITY: ATLANTA STATE: CA ZIP: 30326 DEFA14A 1 0001.txt ADDITIONAL PROXY SOLICITING MATERIALS [LODGIAN LETTERHEAD] AT LODGIAN, INC. Robert Cole Thomas Eppich Chief Executive Officer Chief Financial Officer rcole@lodgian.com teppich@lodgian.com (404) 365-3800 (404) 365-4469 FOR IMMEDIATE RELEASE DELAWARE COURT REJECTS YUNG LAWSUIT; LODGIAN COMMENCES MAILING OF DEFINITIVE PROXY MATERIALS Atlanta, September 1, 2000 - A Delaware court confirmed today that Lodgian, Inc. (NYSE: LOD) was in full compliance with all applicable law when it scheduled its annual meeting for October 12, 2000. In its decision, the court agreed with Lodgian that William Yung's group had no basis for initiating or pursuing a lawsuit relating to the scheduling of Lodgian's annual meeting. Mr. Yung has made statements in his proxy materials which imply that Lodgian acted improperly and scheduled its annual meeting only as a result of Mr. Yung's lawsuit. The court's decision today makes clear that those statements had no basis. "We never believed Mr. Yung had a basis for pursuing this action and today's decision clearly confirms that," said Robert Cole, Lodgian's chief executive officer. "We can only conclude that Mr. Yung filed this lawsuit to advance his own personal agenda." Lodgian also announced that it commenced mailing its definitive proxy materials today for its October 12, 2000 annual meeting. About Lodgian Lodgian, Inc. owns or manages a porfolio of 128 hotels with approximately 24,000 rooms in 35 states and Canada. The hotels are primarily full service, providing food and beverage service, as well as meeting facilities. Substantially all of Lodgian's hotels are affiliated with nationally recognized hospitality brands such as Holiday Inn, Crowne Plaza, Marriott, Sheraton, Hilton and Westin. Lodgian's common shares are lisetd on the New York Stock Exchange under the symbol "LOD". Lodgian is a component of both the Russel 2000 Index, representing small cap stocks, and the Russell 3000 Index, representing the broader market. -----END PRIVACY-ENHANCED MESSAGE-----