-----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, MfLYMdrOblTjoLg9OGJbE5J/P5MEM5Avv8hJ/8RvYKrBgj24OLD8VnDz2evPCQ9r TJbjIKY5x9evVZFiYt5jAQ== 0000904456-97-000203.txt : 19971208 0000904456-97-000203.hdr.sgml : 19971208 ACCESSION NUMBER: 0000904456-97-000203 CONFORMED SUBMISSION TYPE: DEFA14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19971205 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: 60 EAST 42ND STREET ASSOCIATES CENTRAL INDEX KEY: 0000090794 STANDARD INDUSTRIAL CLASSIFICATION: OPERATORS OF NONRESIDENTIAL BUILDINGS [6512] IRS NUMBER: 136077181 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: DEFA14A SEC ACT: SEC FILE NUMBER: 000-02670 FILM NUMBER: 97733212 BUSINESS ADDRESS: STREET 1: C/O WEIN MALKIN & BETTEX STREET 2: 60 EAST 42ND STREET CITY: NEW YORK STATE: NY ZIP: 10165 BUSINESS PHONE: 2126878700 DEFA14A 1 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 (Amendment No. ___) 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 [ ] Definitive Proxy Statement Commission Only (as permitted [X] Definitive Additional Materials by Rule 14a-6(e)(2)) [ ] Soliciting Material Pursuant to Section 240.14a-11(c) or Section 240.14a-12 60 EAST 42ND ST. ASSOCIATES ------------------------------------------------ (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)(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 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 EAST 42ND ST. ASSOCIATES C/O WIEN & MALKIN LLP LINCOLN BUILDING 60 EAST 42ND STREET NEW YORK, NEW YORK 10165-0015 December 1, 1997 TO: NON-RESPONDING PARTICIPANTS IN 60 EAST 42ND ST. ASSOCIATES As we previously advised you, the designation of new successor Agents recommended in the Agent's September 4, 1997 letter has been approved and is now in effect in each Group. We have also received approximately 90% consent for the service by one Agent for more than one Group and the change to a vote of 66 2/3% in interest in a Group, without a buyout at book value, to approve a significant transaction. Because we have not received your response, I am enclosing a duplicate Consent Form. The Agents strongly recommend that you promptly sign and return the enclosed Consent Form. If you have any question, please communicate with Stanley Katzman, Richard Shapiro or Alvin Silverman, partners in Wien & Malkin LLP, by mail at 60 East 42nd Street, New York, New York 10165, by telephone at 212-687-8700, or by fax at 212-986-7679. Thank you for your cooperation. Sincerely, /s/ Peter L. Malkin ------------------- Peter L. Malkin APPENDIX CONSENT SOLICITED BY PETER L. MALKIN, STANLEY KATZMAN, JOHN L. LOEHR, RICHARD A. SHAPIRO AND THOMAS N. KELTNER, JR. AS AGENTS (THE "AGENTS") ON BEHALF OF 60 EAST 42ND ST. ASSOCIATES As a Participant in 60 East 42nd St. Associates, the owner of The Lincoln Building at 60 East 42nd St., New York, New York, I hereby take the following action in response to the Agents' Solicitation as outlined in the Consent Solicitation Statement issued by the Agents in connection with the Solicitation of Consents of the Participants dated September 4, 1997 (the "Statement"): I. CONSENT WITHHOLD CONSENT ------- ---------------- [ ] Consent to [ ] Disapprove of and Approve of [ ] Abstain From Consenting To the designation of the successor Agents, as described in Section II.A of the Statement. II. CONSENT WITHHOLD CONSENT ------- ---------------- [ ] Consent to [ ] Disapprove of and Approve of [ ] Abstain From Consenting To permitting an Agent to act as an agent for more than one group, as described in Section II.B of the Statement. III. CONSENT WITHHOLD CONSENT ------- ---------------- [ ] Consent to [ ] Disapprove of and Approve of [ ] Abstain From Consenting To changing the vote required to permit an Agent to engage in significant transactions, as described in Section II.C of the Statement. 1 The Agents recommend that Participants consent to each of the above proposals. PLEASE NOTE THAT A VOTE TO ABSTAIN IS TREATED THE SAME AS A VOTE TO DISAPPROVE. The solicitation of Consents will terminate on February 1, 1998. The matters for which Consents are being solicited are more fully described in the Statement, receipt of which is hereby acknowledged and which is incorporated herein by reference. IF THIS FORM IS SIGNED AND RETURNED WITHOUT A CHOICE INDICATED AS TO ANY INDIVIDUAL PROPOSAL OR PROPOSALS, CONSENT WILL BE DEEMED TO HAVE BEEN GIVEN AS TO SUCH PROPOSAL OR PROPOSALS AS IF SUCH CONSENT WAS ACTUALLY INDICATED ON THE FORM. IF THE CONSENT IS RETURNED UNDATED, IT WILL BE DEEMED DATED AS OF THE DATE RECEIVED BY THE AGENTS. ONCE GIVEN, THE CONSENT (OR DEEMED CONSENT) MAY NOT BE REVOKED. [Participant's Name] ID # Date: ____________, 1997 ____________________ Signature -----END PRIVACY-ENHANCED MESSAGE-----