EX-99 2 exa5asc-toc_a1.txt EXHIBIT (A)(5)(A) EXHIBIT (a)(5)(A) ----------------- STATE OF INDIANA OFFICE OF THE SECRETARY OF STATE SECURITIES DIVISION IN THE MATTER OF ) ) EMMIS COMMUNICATIONS ) Cause No. 05-0055 TO CORPORATION and its Request for ) Exemption from Certain Provisions ) Of the Indiana Takeover Offers Act. ) NOTICE OF HEARING ----------------- On May 16, 2005, Emmis Communications Corporation ("Emmis") commenced a tender offer to Emmis shareholders for Emmis to re-acquire up to 20,250,000 shares of its own Class A Common stock. On May 17, 2005, Emmis filed a request for exemption from certain provisions of the Indiana Takeover Offers Act, Indiana Code 23-2-3.1. Emmis made this request pursuant to Indiana code section 23-2-3.1-8.6(a)(3) of the Act. On May 20, 2005, the Indiana Securities Commissioner ordered that a hearing would be held to determine whether Emmis is entitled to an exemption. Please take notice that the Securities Commissioner will conduct a hearing to determine whether Emmis qualifies for an exemption to the Indiana Takeover Offers Act. The hearing will be held at 11:30 AM on the 2nd day of June, 2005, at the offices of the Indiana Secretary of State, Securities Division, 302 West Washington Street, Room E-111, Indianapolis, Indiana, 46204. Interested parties are encouraged to attend. ENTERED at Indianapolis, Indiana, this 20th day of May, 2005. TODD ROKITA SECRETARY OF STATE OFFICIAL SEAL INDIANA SECURITIES DIVISION /s/ James A. Joven INDIANAPOLIS ------------------ JAMES A. JOVEN SECURITIES COMMISSIONER