- Filing of certain prospectuses and communications in connection with business combination transactions (425)
November 17 2009 - 12:47PM
Edgar (US Regulatory)
Filed by Marvel Entertainment, Inc.
Pursuant to Rule 425 under the
Securities Act of 1933 (the
Securities Act) and
deemed filed pursuant to Rule 14a-12 under the
Securities Exchange Act of 1934 (the Exchange Act)
Securities Act File No.: 333-162063
Subject Company: Marvel Entertainment, Inc.
Exchange Act File No.: 1-13638
MARVEL SETS NEW RECORD DATE OF NOVEMBER 23, 2009
FOR STOCKHOLDERS ENTITLED TO VOTE ON DISNEY MERGER
FOR IMMEDIATE RELEASE
New York, New York November 17, 2009
Marvel Entertainment, Inc. (NYSE: MVL), a global character-based entertainment and licensing company celebrating the 70th anniversary of its founding in 1939, today announced that it has set November 23, 2009 as the record date for the
determination of stockholders entitled to vote at its upcoming special meeting of stockholders. This record date replaces the previous record date of October 30, 2009. At the special meeting, Marvels stockholders will be asked to adopt
the merger agreement entered into by Marvel and The Walt Disney Company (Disney), which provides for a merger in which Marvel will become a wholly-owned subsidiary of Disney. The meeting date for the special meeting has not yet been
determined. Depending on when Marvel is able to schedule the special meeting, Marvel may have to adjust the record date to ensure that the record date is not more than sixty days prior to the date of the special meeting, as required by Marvels
by-laws.
Important Merger Information and Additional Information:
This communication does not constitute an offer to sell or the solicitation of an offer to buy any securities or a solicitation of any vote or approval. In connection with the proposed transaction, Disney
filed a Registration Statement on Form S-4 with the SEC on September 22, 2009, as amended on October 27, 2009, that includes a preliminary proxy statement of Marvel that also constitutes a preliminary prospectus of Disney. These materials
are not yet final and will be further amended. Marvel will mail the proxy statement/prospectus to its stockholders once it is final.
Investors are urged to read the definitive proxy statement/prospectus regarding the proposed transaction when it
becomes available, because it will contain important information.
You may obtain copies of all documents filed with the SEC regarding this transaction, including the definitive proxy statement/prospectus when it becomes available, free of charge
at the SECs website, www.sec.gov, or by directing a request when such a filing is made to The Walt Disney Company, 500 South Buena Vista Street, Burbank, CA 91521-9722, Attention: Shareholder Services or by directing a request when such a
filing is made to Marvels proxy solicitor, MacKenzie Partners, Inc., 105 Madison Avenue, New York, New York 10016 or by calling Mackenzie Partners, Inc. at (800) 322-2885 (toll free) or (212) 929-5500 (call collect).
Disney, Marvel, their respective directors and certain of their executive officers may be considered participants in the solicitation of proxies in
connection with the proposed transaction.
Information about the directors and executive officers of Marvel is set forth in the preliminary proxy statement/prospectus contained in the Registration Statement on Form S-4 (Amendment No. 1) filed
by Disney on October 27, 2009. Information about the directors and executive officers of Disney is set forth in its definitive proxy statement, which was filed with the SEC on January 16, 2009
.
# # #
For further information contact:
David Collins, Richard Land
Jaffoni & Collins
212/835-8500
mvl@jcir.com
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