-----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, B9+AF0c4wY4+GEkvgMVfDhM4GXekDSe343IzKJNN+8M2eVyw8KFA9e7d70PVT9kF NZlsePqtoGZGDl4HGBigSA== 0001193125-04-026425.txt : 20040219 0001193125-04-026425.hdr.sgml : 20040219 20040219120818 ACCESSION NUMBER: 0001193125-04-026425 CONFORMED SUBMISSION TYPE: PX14A6G PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20040219 EFFECTIVENESS DATE: 20040219 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MONY GROUP INC CENTRAL INDEX KEY: 0001069822 STANDARD INDUSTRIAL CLASSIFICATION: LIFE INSURANCE [6311] IRS NUMBER: 133976138 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: PX14A6G SEC ACT: 1934 Act SEC FILE NUMBER: 001-14603 FILM NUMBER: 04615217 BUSINESS ADDRESS: STREET 1: 1740 BROADWAY CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2127082000 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HIGHFIELDS CAPITAL MANAGEMENT LP CENTRAL INDEX KEY: 0001079563 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: PX14A6G BUSINESS ADDRESS: STREET 1: 200 CLARENDON STREET 51ST FLOOR CITY: BOSTON STATE: MA ZIP: 02117 BUSINESS PHONE: 6178507500 PX14A6G 1 dpx14a6g.htm AMENDMENT NO. 6 TO PX14A6G AMENDMENT NO. 6 TO PX14A6G

U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

Notice of Exempt Solicitation

Submitted pursuant to Rule 14a-6(g)

Amendment No. 6

 

1.   Name of Registrant:

 

The MONY Group Inc.

 

2.   Name of person relying on exemption:

 

Highfields Capital Management LP

 

3.   Address of person relying on the exemption:

 

200 Clarendon Street

51st Floor

Boston, MA 02116

 

4.   Written materials. The following written materials are attached:

 

Exhibit 1:    Letter from Highfields Capital to MONY shareholders issued January 29, 2004 (previously filed).

 

Exhibit 2:    Letter from Highfields Capital to MONY shareholders dated February 5, 2004 (previously filed).

 

Exhibit 3:    Press Release of Highfields Capital issued February 11, 2004 (previously filed).

 

Exhibit 4:    Press Release of Highfields Capital issued February 12, 2004 (previously filed).

 

Exhibit 5:    Letter from Highfields Capital to MONY shareholders dated February 11, 2004 (previously filed).

 

Exhibit 6:    Press Release of Highfields Capital issued February 17, 2004 (previously filed).

 

Exhibit 7:    Letter from Highfields Capital to the MONY Board of Directors dated February 19, 2004.

EX-7 3 dex7.htm LETTER FROM HIGHFIELDS CAPITAL LETTER FROM HIGHFIELDS CAPITAL

Exhibit 7

 

[Logo: Highfields Capital]

 

LETTER TO THE MONY BOARD OF DIRECTORS

 

 

February 19, 2004

 

Ladies and Gentlemen:

 

Yesterday in response to a Delaware Chancery Court order obtained by certain class action representatives, the MONY Group announced that it was postponing the upcoming Special Meeting of Shareholders. As the holder of approximately 4.6% of MONY shares, we are writing to make our views clear on the proper purpose and length of such delay.

 

On Friday, February 13th, the Company’s attorneys told the Delaware Chancery Court that the Company would be irreparably harmed by any delay in the meeting date. Any attempt, just one week later, to delay the meeting for any significant time is inconsistent with that representation and would be viewed with suspicion.

 

Simply put, we expect the Company to take immediate steps to supplement its proxy material, as required by the Delaware Court, and to hold the shareholder meeting as soon as possible. In our view, use of the Court order as a pretext for a lengthy delay, or for a change of the record date, would be an obvious ploy to unfairly manipulate the vote. Doing so would disenfranchise MONY shareholders and be a perversion of the Chancery Court’s order.

 

We believe you have already stood idly by too long as management makes repeatedly unsuccessful attempts to silence shareholders through baseless litigation. In this age of renewed corporate responsibility, we are amazed that management even attempted to silence the SEC by requesting that it not respond to the written request of a Federal judge. Such efforts are a waste of corporate assets and have been indulged too long. We demand that you not similarly indulge a management attempt to twist the voting process to its own ends.

 

Hold the vote immediately, hold it fairly and let the shareholders exercise their voting rights.

 

 

Very Truly Yours

 

 

/s/    Jonathon S. Jacobson

 

/s/    Richard L. Grubman

JONATHON S. JACOBSON

 

RICHARD L. GRUBMAN

Managing Director

 

Managing Director

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