SEC Comment Letter for APARTMENT INVESTMENT & MANAGEMENT CO (AIV) (CIK 0000922864) (AIV) — Nov 4, 2020
APARTMENT INVESTMENT & MANAGEMENT CO (AIV) (CIK 0000922864)
Date: Nov. 4, 2020 · CIK: 0000922864 · Accession: 0000000000-20-010443
AI Filing Summary & Sentiment
File numbers found in text: 001-13232
Letter
November 3 , 2020 Via E -mail Meagan M. Reda , Esq. Olshan Frome Wolosky LLP 1325 Avenue of the Americas New York, NY 10019
Re: Apartment Investment & Management Co mpany Definitive Additional Materials on Schedule 14A Filed October 30 , 2020 Filed by Land & Buildings Investment Management, LLC et al File No. 001-13232
Dear Ms . Reda :
We have reviewed the above -captioned filing an d have the following comment.
DFAN14 A Filed October 30, 2020
1. A reasonable factual basis must exist for each statement or assertion of opinion or belief . Support for opinions or beliefs should be self -evident, disclosed in the proxy statement , or provided to the staff on a supplemental basis. With a view toward revised disclosure in your next filings , please p rovide support for the excerpted messages posted to social media below . Your response should include adequate factual support for your belief that Aimco’ s investment in IQHQ was underta ken “ solely” for Mr. Considine “to be associated with highly regarded Life Science executives” and support for your view that Aimco is deliberately delaying certain filings. Please also advise us of the specific filings that Land & Buildings believe s Aimco is refusing to make . “$AIV blatant disregard for shareholders is shown in the $50M unrelated investment in life sciences, solely for Chairman/CEO Considine to be associated with highly regard ed Life Science executives at the expense of AIV shareholders, in our view. ” “CEO Considine today on 3Q earnings call refused to answer any questions on spin and is apparently refusing to make public SEC filings with critical details of spin until after 11/4 record date to consent to special meeting, further disenfranchising shareholders in our view .”
* * *
Meagan M. Reda, Esq. Olshan Frome Wolosky LLP November 3 , 2020 Page 2
Please direct any questions to me at (202) 551 -7951. You may also contact Tina Chalk, Senior Special Counsel, at (202) 551 -3263 .
Sincerely,
/s/ Joshua Shainess
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November 3 , 2020
Via E -mail
Meagan M. Reda , Esq.
Olshan Frome Wolosky LLP
1325 Avenue of the Americas
New York, NY 10019
Re: Apartment Investment & Management Co mpany
Definitive Additional Materials on Schedule 14A Filed October 30 , 2020
Filed by Land & Buildings Investment Management, LLC et al
File No. 001-13232
Dear Ms . Reda :
We have reviewed the above -captioned filing an d have the following comment.
DFAN14 A Filed October 30, 2020
1. A reasonable factual basis must exist for each statement or assertion of opinion or
belief . Support for opinions or beliefs should be self -evident, disclosed in the proxy
statement , or provided to the staff on a supplemental basis. With a view toward revised
disclosure in your next filings , please p rovide support for the excerpted messages posted to
social media below . Your response should include adequate factual support for your belief
that Aimco’ s investment in IQHQ was underta ken “ solely” for Mr. Considine “to be
associated with highly regarded Life Science executives” and support for your view that
Aimco is deliberately delaying certain filings. Please also advise us of the specific filings
that Land & Buildings believe s Aimco is refusing to make .
“$AIV blatant disregard for shareholders is shown in the $50M unrelated investment
in life sciences, solely for Chairman/CEO Considine to be associated with highly
regard ed Life Science executives at the expense of AIV shareholders, in our view. ”
“CEO Considine today on 3Q earnings call refused to answer any questions on spin
and is apparently refusing to make public SEC filings with critical details of spin until
after 11/4 record date to consent to special meeting, further disenfranchising
shareholders in our view .”
* * *
Meagan M. Reda, Esq.
Olshan Frome Wolosky LLP
November 3 , 2020
Page 2
Please direct any questions to me at (202) 551 -7951. You may also contact Tina Chalk,
Senior Special Counsel, at (202) 551 -3263 .
Sincerely,
/s/ Joshua Shainess
Joshua Shainess
Special Counsel
Office of Mergers and Acquisitions