New York -- Eminence Capital which owns 9.8% of the common stock of The Men's Wearhouse and is its single largest shareholder, on Wednesday released a presentation describing why Men’s Wearhouse board of directors should engage in merger discussions with Jos. A. Bank Clothiers, Inc. Eminence Capital also said that it has retained Moelis & Company as a strategic advisor.
The presentation comes less than a week after Jos. A. Bank said it had withdrawn a $2.3 billion takeover bid for the company. Men’s Wearhouse has steadfastly rebuffed the approaches from its rival for weeks, calling the bid too low and refusing to enter into talks.
The presentation, which was developed with the assistance of Moelis & Company, is available here.
On Nov. 15, Eminence Capital filed a preliminary solicitation statement with the SEC in connection with calling a special meeting of Men’s Wearhouse shareholders to vote on a number of bylaw amendments that, if approved, will permit shareholders to remove directors without cause before the next annual meeting of shareholders. Pursuant to Texas law the special meeting may be called by holders of at least 10%, in aggregate, of all of the shares of Men’s Wearhouse are entitled to vote at the special meeting.