- Additional Proxy Soliciting Materials - Non-Management (definitive) (DFAN14A)
August 27 2009 - 2:08PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 14A
(RULE 14a-101)
SCHEDULE 14A INFORMATION
PROXY STATEMENT PURSUANT TO SECTION 14(A) OF THE SECURITIES EXCHANGE ACT OF 1934
Filed by the Registrant [ ]
Filed by a Party other than the Registrant [x]
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
[ ] Definitive Additional Materials
[X] Soliciting Material Under Rule 14a-12
Forgent Networks, Inc.
108 Wild Basin Road, Austin, Texas 78746
(NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
The Red Oak Fund, LP, a Delaware limited partnership;
Pinnacle Fund, LLLP, a Colorado limited liability limited partnership;
Bear Market Opportunity Fund, L.P., a Delaware limited partnership;
Pinnacle Partners, LLC, a Colorado limited liability company;
Red Oak Partners, LLC, a New York limited liability company;
David Sandberg.
(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 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 state how it
was 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:
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Pinnacle Fund and Red Oak Announce that the United States District Court for the
Western District of Texas, Austin Division DENIED Asure's Request for a
Preliminary Injunction Against Pinnacle, Red Oak, and Other Defendants
New York, New York, August 27, 2009. Pinnacle Fund ("Pinnacle") and Red Oak
Partners ("Red Oak") expressed satisfaction that the United States District
Court for the Western District of Texas, Austin Division today DENIED the
request by Forgent, d/b/a as Asure Software, Inc. ("ASUR") for a preliminary
injunction against Red Oak, Pinnacle, and other defendants. "We are gratified
that the court has not accepted this attempt to prevent Red Oak and other
shareholders from voting at tomorrow's annual meeting of shareholders, and we
now hope that ASUR will conduct an orderly meeting and allow its owners to
decide the composition of the board of directors," said David Sandberg. "It is
time for a change at ASUR and we encourage all holders to vote on the BLUE proxy
card if they have not done so." Any holder wishing assistance in voting should
contact MacKenzie Partners, Inc. at 800-322-2885, 212-929-5500 or via email at
proxy@mackenziepartners.com.
Important Information
Pinnacle Fund, LLLP ("Pinnacle") and Red Oak Partners LLC ("Red Oak") filed a
definitive proxy statement with the Securities and Exchange Commission on July
30, 2009, in connection with the annual meeting of stockholders of Forgent
Networks, Inc. (the "Company") to be held on August 28, 2009. Stockholders are
strongly advised to carefully read Pinnacle's definitive proxy statement, as it
contains important information. Pinnacle and certain other persons are deemed
participants in the solicitation of proxies from stockholders in connection with
the annual meeting of stockholders. Information concerning such participants is
available in Pinnacle's definitive proxy statement. Stockholders may obtain,
free of charge, copies of Pinnacle's definitive proxy statement and any other
documents Pinnacle files with or furnishes to the Securities and Exchange
Commission in connection with the annual meeting of stockholders at www.sec.gov
by selecting "Search" at the top right and then typing "forgent" into the box
asking for the Company Name, and through the following website:
www.ourmaterials.com/pinnaclefund.
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