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
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CORRESP
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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