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SEC Company Response from APO HEALTH — Oct 6, 2005

APO HEALTH INC /NV/ (CIK 0001076607)
Date: Oct. 6, 2005 · CIK: 0001076607 · Accession: 0001144204-05-031066

AI Filing Summary & Sentiment

Date
Oct. 6, 2005
Author
________________________
Form
CORRESP
Company
APO HEALTH INC /NV/ (CIK 0001076607)

Letter

Oceanside Rd. Oceanside, NY 11672 Tele: 516-594-0005. September 28th,

Dear Shareholder:

I apologize for the lack of communication regarding the proxy and results. During this time the company has been working on several different fronts and the convergence of which I would now like to take the time to update you on.

We had originally submitted a proxy to the shareholders to vote on the potential spin-off of APO New York, for the reasons of protecting the shareholders regarding the current litigation with Proctor & Gamble and Alcoa. However, due to certain miscommunications, the timeliness of the issuance of the proxy was less than we would have liked to see; even though we issued instructions to hold open the receiving of proxies to the agents designated to receive the proxies to try and empower shareholders. As issued, the proxies were statutorily preliminary proxies due to the timelines mentioned previously. Simultaneously, the Securities and Exchange Commission requested us to put more information in the final proxy statement, which was to be sent out and resolicited, with all proxies voted discarded and destroyed.

Upon review and decision of litigation counsel, we decided that we are in a delicate stage of the litigation and such intended actions, the revisions and the underlying action, would be ill advised, as this could off balance and undermine current negotiations.

As such, in order to comply with the SEC, give the shareholders ample time to make an informed vote and to avoid confusion, we are withdrawing the proxy and nullifying the vote, with the reservation that we may readdress this issue, in its current form or another form, in the future.

If any shareholder would like to reinstate this vote at this time, please contact me so I can put the matter on the agenda for the next annual shareholders meeting.

We apologize for any inconvenience this may have caused and appreciate your understanding in this matter. If you have any concerns, please feel free to contact us. Thank you again for your time and patience.

Sincerely,
________________________

Show Raw Text
CORRESP
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filename1.htm

      APO
        Health, Inc

      3590
        Oceanside Rd.

      Oceanside,
        NY 11672

      Tele:
        516-594-0005.

      September
        28th,
        2005

      Dear
        Shareholder:

      I
        apologize for the lack of communication regarding the proxy and results.
        During
        this time the company has been working on several different fronts and the
        convergence of which I would now like to take the time to update you
        on.

      We
        had
        originally submitted a proxy to the shareholders to vote on the potential
        spin-off of APO New York, for the reasons of protecting the shareholders
        regarding the current litigation with Proctor & Gamble and Alcoa. However,
        due to certain miscommunications, the timeliness of the issuance of the proxy
        was less than we would have liked to see; even though we issued instructions
        to
        hold open the receiving of proxies to the agents designated to receive the
        proxies to try and empower shareholders. As issued, the proxies were statutorily
        preliminary proxies due to the timelines mentioned previously. Simultaneously,
        the Securities and Exchange Commission requested us to put more information
        in
        the final proxy statement, which was to be sent out and resolicited, with
        all
        proxies voted discarded and destroyed.

      Upon
        review and decision of litigation counsel, we decided that we are in a delicate
        stage of the litigation and such intended actions, the revisions and the
        underlying action, would be ill advised, as this could off balance and undermine
        current negotiations.

      As
        such,
        in order to comply with the SEC, give the shareholders ample time to make
        an
        informed vote and to avoid confusion, we are withdrawing the proxy and
        nullifying the vote, with the reservation that we may readdress this issue,
        in
        its current form or another form, in the future.

      If
        any
        shareholder would like to reinstate this vote at this time, please contact
        me so
        I can put the matter on the agenda for the next annual shareholders
        meeting.

      We
        apologize for any inconvenience this may have caused and appreciate your
        understanding in this matter. If you have any concerns, please feel free
        to
        contact us. Thank you again for your time and patience.

      Sincerely,

      ________________________

      Jan
        Stahl, CEO