-----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, VyfV7xnuGPwz5EaPjnftdpKpkqI2ooI1Cx+Q+wWMb4R2zQ9CKvLyK731wXrD74rp SDn0htvUHXf4PtxQ1hK/Tg== 0001049471-03-000009.txt : 20030523 0001049471-03-000009.hdr.sgml : 20030523 20030523170756 ACCESSION NUMBER: 0001049471-03-000009 CONFORMED SUBMISSION TYPE: DFAN14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20030523 EFFECTIVENESS DATE: 20030523 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DSI REALTY INCOME FUND IX CENTRAL INDEX KEY: 0000764586 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 330103989 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DFAN14A SEC ACT: 1934 Act SEC FILE NUMBER: 000-14186 FILM NUMBER: 03718683 BUSINESS ADDRESS: STREET 1: 3701 LONG BEACH BLVD CITY: LONG BEACH STATE: CA ZIP: 90807 BUSINESS PHONE: 2135957711 MAIL ADDRESS: STREET 1: 3710 LONG BEACH BLVD STREET 2: P O BOX 357 CITY: LONG BEACH STATE: CA ZIP: 90807 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: KM INVESTMENTS LLC CENTRAL INDEX KEY: 0001049471 IRS NUMBER: 094580477 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DFAN14A BUSINESS ADDRESS: STREET 1: 155 N. LAKE AVENUE STREET 2: SUITE 1000 CITY: PASADENA STATE: CA ZIP: 91101 BUSINESS PHONE: 6265855920 MAIL ADDRESS: STREET 1: 155 N. LAKE AVENUE STREET 2: SUITE 1000 CITY: PASADENA STATE: CA ZIP: 91101 DFAN14A 1 dsi9_dfan14a052303.txt ADDITIONAL PROXY MATERIAL LIMITED PARTNER UPDATE!! May 23, 2003 TO THE LIMITED PARTNERS OF DSI REALTY INCOME FUND IX (the "Partnership") Re: COURT RULES AGAINST THE GENERAL PARTNER'S PROPOSAL Dear Limited Partner: The California Superior Court has just issued a restraining order prohibiting the general partners of the Partnership from completing an amendment to the Partnership Agreement that is very damaging to all of our limited partnership interests. The Court's decision is based on claims that the general partners have breached their fiduciary duty and also violated federal securities laws by attempting to provide themselves with a right of first refusal that is detrimental to the limited partners; and by soliciting limited partner approval with misleading materials. However, we should not wait for a final decision by the court in our lawsuit. We should stop the general partners ourselves, now. Therefore, we recommend strongly that you VOTE AGAINST THE PROPOSAL by the Partnership's general partner, for the following reasons: o The value of our Partnership units will decrease if the general partner's Proposal is approved, because they will become harder, or impossible, to sell to anyone but the general partner. o If the Proposal is approved, we believe you will no longer have the option to sell your Partnership units on secondary market services. One such service has advised us it will cease to effect transfers if the Proposal passes. o If the Proposal is approved, you will be giving the general partner an effective monopoly on buying your units if you try to sell them. o The general partner is trying to give itself a valuable right of first refusal it would not be entitled to under California securities law guidelines for new offerings. o The Proposal effectively removes all ways for you to get out of this investment other than selling out to the general partner, probably at low prices. If you have already voted for the proposal, change your vote before it is too late. We would be pleased to answer any questions you may have about our recommendation or to assist you in changing your vote. Please call and ask for Stacey McClain or David Lesser, at (800) 611-4613. Very truly yours, MILLENIUM INVESTORS 2, LLC KM INVESTMENTS, LLC P.S. Do not be misled by the general partner into voting against your own interests! -----END PRIVACY-ENHANCED MESSAGE-----