Audley Capital Highlights Superior Qualifications of Its Director Nominees against Certain Current Walter Energy Board Members
Audley Capital Advisors LLP (including certain related funds and
investment vehicles, “Audley Capital”) today reiterated the overall
strength of its five highly-qualified and experienced nominees for
election to the Board of Directors of Walter Energy, Inc. (NYSE: WLT)
(TSX: WLT) (“Walter Energy” or “the Company”) at the Company’s upcoming
2013 Annual Meeting of Stockholders on April 25, 2013.
Julian Treger, Managing Partner of Audley Capital Advisors, said, “We
believe that the Board has been dominated for too long by a clique of
long-time directors who have not worked in the best interest of
stockholders. At this most critical time in Walter Energy’s history, we
believe that there is a substantial lack of mining and public market
experience among the current Board members. With a significant leveraged
bet on met coal price recovery, we think the Board has put the Company
in an extremely precarious position. Met coal pricing continues to be
under pressure and the Company may be forced later this year to seek
working capital. Left to what we see as the continued poor
decision-making by the current Board, we believe stockholders will pay
the price.”
Added Treger, “As we have said since the beginning of our election
campaign, one of the initiatives our nominees would pursue is the
disposition of non-core assets and other strategic alternatives. They
would work to avoid significant stockholder dilution and seek the means
to shore up working capital to maintain and invest in assets that have a
superior production and cost profile. These are hard decisions that
require experience to construct and skill to execute. Our nominees stand
ready to support Walter Energy and work with a reconstituted Board to
protect Walter Energy’s value and shape it for the future.”
Audley Capital recommends that stockholders vote against the following
five directors at the next Annual Meeting of Stockholders:
1) Mr. Michael T. Tokarz
2) Mr. Jerry W. Kolb
3) Mr. Joseph B.
Leonard
4) Mr. Bernard G. Rethore
5) Mr. A.J. Wagner
Added Treger, “We believe these individuals have been on the Board for
too long, with an average tenure of 12 years, and lack relevant mining
experience. Furthermore, four of these five directors are members of a
group of interlocking directors with Mueller Water Products, Inc.,
including Mr. Tokarz who has served on the Walter Energy Board for 26
years, and in our view lack a diversity of independent views. We urge
stockholders to support change and vote the gold proxy to elect Audley
Capital’s director nominees.”
Audley Capital is providing stockholders with an opportunity to elect
five sophisticated and experienced new Board members that will bring
significant and, in our view, necessary mining and public company
experience to the Walter Energy Board.
Audley Capital’s director nominees are:
Audley Capital
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Relevant Experience
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Director Nominee
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And Qualifications
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Lawrence Clark, Jr.
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Serves as President and CEO of thermal coal operator
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Managing Member of a corporate advisory business catering to
small and middle market resource and energy companies
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Actively participated in numerous financial restructurings
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Mark Lochtenberg
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Extensive global mining experience from serving as Executive
Chairman of Cockatoo Coal Limited and co-head of Glencore
International AG’s worldwide coal division
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Relevant financial experience through 13 years at Glencore’s
commodity trading concern
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Other board memberships and executive experience in the mining
sector
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Eddie Scholtz
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40 years of international experience in the mining industry,
including in South America and Africa
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Served in various executive capacities, including President and
COO, at BHP Billiton, overseeing one of the largest coal
businesses in the world
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Significant experience and expertise at publicly-listed companies
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Robert Stan
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30+ years of coal industry operations experience
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Direct leadership experience having served as CEO of Grande
Cache Coal Corporation and two terms as Chairman of the Coal
Association of Canada
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Extensive relevant transactional experience
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Julian Treger
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Long-time stockholder activist in the mining space and
co-founder of one of Europe’s first activist funds
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Directly involved in turnaround of Western Coal and uncovering
value at UK Coal
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Audley Capital urges stockholders to vote FOR its five director nominees
by immediately completing and returning the GOLD
proxy card or by submitting proxies by telephone or through the
Internet. Investors that have any questions or need assistance voting
their shares should call Audley Capital’s proxy solicitor, Okapi
Partners LLC, at (877) 208-8903.
Additional Information
Further information regarding the director nominees and other persons
who may be deemed participants, and other matters, are set forth in a
definitive proxy statement filed with the Securities and Exchange
Commission (“SEC”). SHAREHOLDERS OF THE COMPANY ARE STRONGLY ADVISED TO
READ THAT PROXY STATEMENT, BECAUSE IT INCLUDES IMPORTANT INFORMATION.
THE PROXY STATEMENT IS BEING SENT TO SHAREHOLDERS BY OR ON BEHALF OF
PARTICIPANTS, AND IS ALSO AVAILABLE AT NO CHARGE ON THE SEC’S WEBSITE AT http://www.sec.gov.