DEFA14A 1 ddefa14a.htm DEFINITIVE ADDITIONAL MATERIALS Definitive Additional Materials

 

SCHEDULE 14A INFORMATION

 

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, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))

 

¨    Definitive Proxy Statement

 

x     Definitive Additional Materials

 

¨    Soliciting Materials Pursuant to Rule 14a-11(c) or Rule 14a-12

 

 

 

DSI Realty Income Fund IX


(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)(1) and 0-11.

 

  (1)    Title of each class of securities to which transaction applies:

 


  (2)    Aggregate number of shares 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 is 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 fee 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:

 


 


IMPORTANT NOTICE

From Your General Partners...

 

LOGO

  

DSI Realty Income Funds

A California Limited Partnership

6700 E. Pacific Coast Hwy. #150

Long Beach, CA 90803

 

CONSENT SOLICITATION STATEMENT SUPPLEMENT 

 

 

Dear Partner:

 

On May 12, 2003, we mailed to you definitive proxy statements soliciting your consent to an amendment of your limited partnership agreements. The proposed amendments (“Proposal”) would institute a review period of ten days in connection with any proposed offers to purchase limited partnership units. In addition, it would provide the General Partners with a right to match or exceed the proposed offers. The purpose of the Proposal is to permit the General Partners to provide relevant information to the limited partners concerning offers for limited partnership units and to permit the General Partners to match or exceed the price.

 

The Dissident Limited Partners who have sued to enjoin the Proposal, and have sent you letters dated May 23, 2003 and May 30, 2003, have suggested that the following will occur if the Proposal is approved, which we provide for your consideration:

 

  ¨    The   partnership units will become harder, or impossible, to sell to anyone but the General Partners.
  ¨    You   will no longer have the option to sell your partnership units on secondary market services.
  ¨    Potential   buyers will not make offers to purchase limited partnership units if the General Partners have a right of first refusal.
  ¨    The   Proposal will remove all ways of getting out of this investment other than selling to the General Partners.
  ¨    The   General Partners will benefit from the Proposal and thus have a conflict of interest.
  ¨    The   value of partnership units will decrease.

 

Although we do no believe that these risks are likely to occur, you should consider them in making your decision to consent to or reject the Proposal. Please be assured that we expect to continue to provide our investors a high rate of income and appreciate the opportunity to serve your investment needs, and therefore encourage you to vote “FOR” the Proposal. You should read this consent solicitation statement supplement in conjunction with the definitive consent solicitation statements you have received. We invite you to call your DSI Representative or the General Partners’ Office with any questions you may have at (800) 732-1733.

 

CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS

 

This Supplement may contain certain forward-looking statements and you are cautioned not to place undue reliance upon such statements.