-----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, QH6c+nf9jvJr19cSzUhwbOPJ7Ll1qd34AJPKiE2tke/N98r0DrBme3B0mIZ/ki+U SHjyNuvbw7nuj2NAisPGiA== 0001133796-06-000112.txt : 20060504 0001133796-06-000112.hdr.sgml : 20060504 20060504161931 ACCESSION NUMBER: 0001133796-06-000112 CONFORMED SUBMISSION TYPE: DFAN14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20060504 DATE AS OF CHANGE: 20060504 EFFECTIVENESS DATE: 20060504 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MASSEY ENERGY CO CENTRAL INDEX KEY: 0000037748 STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221] IRS NUMBER: 950740960 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DFAN14A SEC ACT: 1934 Act SEC FILE NUMBER: 001-07775 FILM NUMBER: 06808621 BUSINESS ADDRESS: STREET 1: 4 NORTH 4TH STREET CITY: RICHMOND STATE: VA ZIP: 23219 BUSINESS PHONE: 9493492000 MAIL ADDRESS: STREET 1: 4 NORTH 4TH STREET CITY: RICHMOND STATE: VA ZIP: 23219 FORMER COMPANY: FORMER CONFORMED NAME: FLUOR CORP/DE/ DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: FLUOR CORP LTD DATE OF NAME CHANGE: 19710624 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Third Point LLC CENTRAL INDEX KEY: 0001040273 IRS NUMBER: 133922602 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DFAN14A BUSINESS ADDRESS: STREET 1: 390 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 2122247400 MAIL ADDRESS: STREET 1: 390 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10022 FORMER COMPANY: FORMER CONFORMED NAME: THIRD POINT MANAGEMENT CO LLC DATE OF NAME CHANGE: 19970602 DFAN14A 1 tp60811.txt ================================================================================ SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14 (a) of the Securities Exchange Act of 1934 Filed by the Registrant [ ] Filed by a Party other than the Registrant [X] Check the appropriate box: Preliminary Proxy Statement [ ] Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e) (2) [ ] Definitive Proxy Statement [ ] Definitive Additional Materials [X] Soliciting Material Pursuant to Rule 14a-11 (c) or Rule 14a-12 MASSEY ENERGY CORPORATION ------------------------------------------------------------------------- (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 14 (a)-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: ------------------------------------------------------------------------ ================================================================================ PRESS RELEASE ISS RECOMMENDS SHAREHOLDERS VOTE FOR DANIEL LOEB ON THE THIRD POINT LLC WHITE PROXY CARD NEW YORK, NY MAY 4, 2006 PR Newswire/ -- Third Point LLC is pleased to announce that Institutional Shareholder Services (ISS), the largest independent proxy research firm issued an analysis for the proxy contest of Massey Energy Company (NYSE: MEE) and recommended that shareholders vote on the Third Point LLC WHITE proxy card for Daniel Loeb. ISS stated in its report "We note that the combination of the financial, strategic and governance issues facing the company may be depressing the company's valuation. MEE trades at a discount to its peers using various valuation metrics. Based on the factors discussed above, on balance we conclude that board change is warranted at MEE." ISS also concluded "MEE shareholders want to ensure that the 'Massey ship' rights itself quickly and does not turn a shorter-term episode of underperformance into a long-term trend, especially in light of the currently attractive pricing conditions on the energy market. The recent financial and operational performance of the company and the dissidents' skill sets establishes both the need for change and the dissidents' ability to effect change." "We are pleased that ISS agrees with us that change is needed at Massey Energy and has recommended shareholders vote on the WHITE proxy card. We hope shareholders support Third Point by voting for both Todd Swanson and me on the WHITE proxy card," said Daniel Loeb, founder and Managing Member of Third Point. Third Point LLC beneficially owns 4,800,000 shares of Massey Energy (5.9% of the outstanding shares). Contact: Third Point LLC Todd Swanson (212) 224-7400 D.F. King & Co., Inc. Edward McCarthy (212) 493-6952 -----END PRIVACY-ENHANCED MESSAGE-----