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SCHEDULE 14A
(Rule 14a-101)
INFORMATION REQUIRED IN PROXY STATEMENT
SCHEDULE 14A INFORMATION
PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES
EXCHANGE ACT OF 1934 (AMENDMENT NO. 4)
Filed by the Registrant [X]
Filed by a Party other than the Registrant [_]
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
[X] Definitive Additional Materials
[_] Soliciting Material Pursuant to Section 240.14a-12
ACCESSITY CORP.
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(Name of Registrant as Specified In Its Charter)
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(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)(4) and 0-11.
1. Title of each class of securities to which transaction applies:
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2. Aggregate number of securities to which transaction applies:
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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)
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4. Proposed maximum aggregate value of transaction:
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5. Total fee paid:
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|_| 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:______________________________________________
(2) Form, Schedule or Registration Statement No.: _______________________
(3) Filing Party: _______________________________________________________
(4) Date Filed:__________________________________________________________
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NEWS RELEASE
FOR IMMEDIATE RELEASE..................
ACCESSITY CONTACT: CHARLES R. HOLCOMB
(954) 752-6161 EXT. 241
CORPORATE WEB ADDRESS: WWW.ACCESSITYCORP.COM
ACCESSITY SHAREHOLDERS MEETING ADJOURNED TO FEBRUARY 28, 2005 SHAREHOLDERS
SHOULD CONTINUE TO SUBMIT THEIR PROXIES FOR THE COMPANY TO OBTAIN SHAREHOLDERS
APPROVAL FOR ALL PROPOSALS RELATED TO THE SHARE EXCHANGE TRANSACTION
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Coral Springs, FL, February 3, 2005....ACCESSITY CORP. [NASDAQ SMALLCAP: ACTY]
reported today that due to the late mailing of the initial proxy materials and
difficulties by shareholders to receive the information necessary to vote their
shares, the 2004 Annual Meeting of Shareholders, originally scheduled for
December 28, 2004 and adjourned to February 1, 2005, has again been adjourned to
February 28, 2005. The meeting will be held at the Coral Springs Marriott Hotel,
Golf Club and Convention Center, 11775 Heron Bay Boulevard, Coral Springs,
Florida 33076 at 10:00 a.m., local time.
Shareholders who are beneficial holders through their brokers should continue to
vote their proxies either through: (i) the Internet at www.proxyvote.com or (ii)
by dialing (800) 454-8683. All you need is the Control Number from your proxy
materials. All shareholders who are record holders and hold the shares in their
own names are requested to mail in their proxy as soon as possible, or may send
their signed proxy card via facsimile to (954) 752-6544.
Barry Siegel, Chairman of the Board and Chief Executive Officer stated: "We
believe that the transaction between Accessity Corp., Pacific Ethanol, Inc.,
Kinergy Marketing, LLC and ReEnergy, LLC will greatly improve shareholder value.
While we did receive enough votes for a quorum, the total number of shares cast
in favor of all the proposals related to the transaction fell short of the
required majority of all outstanding and issued shares by less than only 25,000
shares. Accessity management held off on reporting the current voting results
until it had received from its transfer agent a complete tally of all votes
cast.
We believe that some shareholders simply did not understand that for our
transaction to close, all of the proposals had to be approved," Mr. Siegel said.
"Also, we think some shareholders perhaps didn't vote because they found the
proxy statement difficult, confusing, too long to read in its entirety or else
because they assumed the deal would go through without their votes. Since
virtually everyone who did vote wanted the deal to go through, we assume that
other shareholders probably would vote the same way if given additional time. We
are very close to receiving the requisite approval of all proposals. Therefore,
I encourage all shareholders who have not yet voted, to immediately vote their
shares."
Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995
THIS NEWS RELEASE INCLUDES FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF
SECTION 27A OF THE SECURITIES ACT OF 1933 AND SECTION 21E OF THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED, REGARDING AMONG OTHER THINGS OUR PLANS,
STRATEGIES AND PROSPECTS -- BOTH BUSINESS AND FINANCIAL. ALTHOUGH WE BELIEVE
THAT OUR PLANS, INTENTIONS AND EXPECTATIONS REFLECTED IN OR SUGGESTED BY THESE
FORWARD-LOOKING STATEMENTS ARE REASONABLE, WE CANNOT ASSURE YOU THAT WE WILL
ACHIEVE OR REALIZE THESE PLANS, INTENTIONS OR EXPECTATIONS. FORWARD-LOOKING
STATEMENTS ARE INHERENTLY SUBJECT TO RISKS, UNCERTAINTIES AND ASSUMPTIONS. MANY
OF THE FORWARD-LOOKING STATEMENTS CONTAINED IN THIS NEWS RELEASE MAY BE
IDENTIFIED BY THE USE OF FORWARD-LOOKING WORDS SUCH AS "BELIEVE," "EXPECT,"
"ANTICIPATE," "SHOULD," "PLANNED," "WILL," "MAY," "INTEND," "ESTIMATED," AND
"POTENTIAL," AMONG OTHERS. IMPORTANT FACTORS THAT COULD CAUSE ACTUAL RESULTS TO
DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS WE MAKE IN THIS NEWS
RELEASE INCLUDE MARKET CONDITIONS AND THOSE SET FORTH IN REPORTS OR DOCUMENTS
THAT WE FILE FROM TIME TO TIME WITH THE UNITED STATES SECURITIES AND EXCHANGE
COMMISSION. ALL FORWARD-LOOKING STATEMENTS ATTRIBUTABLE TO ACCESSITY CORP. OR A
PERSON ACTING ON ITS BEHALF ARE EXPRESSLY QUALIFIED IN THEIR ENTIRETY BY THIS
CAUTIONARY LANGUAGE.
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