UNITED STATES
SECURITIES & EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 14A
Proxy Statement pursuant to Section 14(a) of the
Securities Exchange Act of 1934
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Lubys, Inc.
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On December 21, 2007, Lubys, Inc. issued the following press release:
Contact: Rick Black, 713-329-6808 | ||||
Matthew Sherman / Jeremy Jacobs Joele Frank, Wilkinson Brimmer Katcher 212-355-4449 | ||||
Dan Burch / Charlie Koons MacKenzie Partners, Inc. 212-929-5500 |
FOR IMMEDIATE RELEASE
LUBYS RESPONDS TO MORE RAMIUS CAPITAL MISREPRESENTATIONS
HOUSTON, TX, December 21, 2007Lubys, Inc. (NYSE: LUB) today issued the following statement in response to numerous misrepresentations made by Ramius Capital regarding the qualifications of Lubys Board of Directors and Ramius nominees seeking election to Lubys Board at the Companys January 15, 2008 Annual Meeting of Shareholders:
Ramius has once again attempted to distort the record and qualifications of Lubys experienced directors. Lubys Board of Directors is comprised of independent, diverse and open-minded business and community leaders who are, and always have been, focused on creating value for all Lubys shareholders. Lubys directors possess valuable and relevant restaurant and business experience that benefit Lubys and its shareholders in the areas of health and food safety; corporate leadership; human resources; accounting, risk management, corporate finance and compliance; bilingual marketing and customer strategyall areas that are critical to the continued success of an organization like Lubys, which employs over 8,000 people and serves millions of customers each month.
In stark contrast to Lubys experienced directors, Ramius nominees lack relevant experience with respect to Lubys business model and industry segment, and their fast food restaurant background includes failed strategies and poor execution. Furthermore, Ramius nominees have financial arrangements with Ramius which compromises their independence and commitment to serving the interests of the Company and all Lubys shareholders.
Lubys Board recommends all shareholders vote FOR Lubys experienced directorsDr. Judith B. Craven, Arthur R. Emerson, Frank Markantonis and Gasper Mir, IIIon the WHITE proxy card today. For more information about Lubys director nominees, please visit the Annual Meeting section of the Companys website at https://www.lubys.com/annualshareholdermeeting.asp.
Lubys shareholders who have any questions or need assistance voting their WHITE proxy card should contact the Companys investor relations department at (713) 329-6808 or investors@lubys.com, or MacKenzie Partners, Inc. which is assisting the Company in this matter, toll-free at (800) 322-2885.
About Lubys
Lubys operates 128 restaurants in Austin, Dallas, Houston, San Antonio, the Rio Grande Valley and other locations throughout Texas and other states. Lubys provides its customers with quality home-style food, value pricing, and outstanding customer service. For more information about Lubys, visit the Companys website at http://www.lubys.com.
Additional Information
In connection with the solicitation of proxies, Lubys has filed with the Securities and Exchange Commission (the SEC) a definitive proxy statement on November 29, 2007 (the Proxy Statement). The Proxy Statement contains important information about Lubys and the 2008 Annual Meeting of Shareholders. Lubys shareholders are urged to read the Proxy Statement carefully.
On November 29, 2007, Lubys began the process of mailing the Proxy Statement, together with a WHITE proxy card. Shareholders may obtain additional free copies of the Proxy Statement and other documents filed with the SEC by Lubys through the website maintained by the SEC at www.sec.gov. The Proxy Statement and other relevant documents also may be obtained free of charge from Lubys by contacting Investor Relations in writing at Lubys, Inc., 13111 Northwest Freeway, Suite 600, Houston, Texas 77040; or by phone at 713-329-6808; or by email at investors@lubys.com. The Proxy Statement is also available on Lubys website at www.lubys.com/06aboutusFilings.asp. The contents of the websites referenced above are not deemed to be incorporated by reference into the Proxy Statement. In addition, copies of the Proxy Statement may be requested by contacting the Companys proxy solicitor, MacKenzie Partners, Inc., by phone toll-free at 1-800-322-2885.
Lubys and its directors and executive officers and other members of management and employees may be deemed to be participants in the solicitation of proxies in connection with the 2008 Annual Meeting of Shareholders. You can find information about Lubys directors and executive officers in the Proxy Statement.
Forward-Looking Statements
This press release contains statements that are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements contained in this document, other than statements of historical fact, are forward-looking statements for purposes of these provisions, including any statements regarding the qualifications of nominees or current members of the Companys Board of Directors. Forward-looking statements by their nature involve substantial risks and uncertainties that could significantly affect expected results, and actual future results could differ materially from those described in such statements. Some of the factors that could cause actual future results to differ materially are described under the caption Risk Factors in the Companys annual reports on Form 10-K and quarterly reports on Form 10-Q, which may be obtained free of charge at the SECs website at www.sec.gov or from Lubys at www.lubys.com.
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