EDGAR Pro
About EDGAR Online | Login



The following is an excerpt from a DEF 14A SEC Filing, filed by NATIONAL PRESTO INDUSTRIE ... on 9/1/2004.

Jump to : 


  
						

VOTING SECURITIES AND PRINCIPAL HOLDERS THEREOF

The Company has outstanding only common stock of which 6,821,494 shares were outstanding and entitled to vote as of the close of business on the record date, August 11, 2004. Each of the 6,821,494 outstanding shares of common stock is entitled to one vote and there is no cumulative voting.

The following table sets forth information provided to the Company as to beneficial ownership of the Company's common stock as of the record date by (i) the only shareholders known to the Company to hold 5% or more of such stock,
(ii) each of the directors and executives of the Company named in the Summary Compensation Table, and (iii) all directors and officers as a group. Unless otherwise indicated, all shares represent sole voting and investment power.

                                               Amount and Nature          Percent of
  Beneficial Owner                          of Beneficial Ownership      Common Stock
  -------------------------------------   ---------------------------   --------------
  Maryjo Cohen                                    1,961,712 (1)(2)            28.8 %
  3925 N. Hastings Way
  Eau Claire, WI 54703

  Melvin S. Cohen                                   401,314 (1)(3)             5.9 %
  3925 N. Hastings Way
  Eau Claire, WI 54703

  Dimensional Fund Advisors, Inc.                   386,508 (4)                5.7 %
  1299 Ocean Avenue
  Santa Monica, CA 90401

  Royce & Associates, LLC                           571,600 (4)                8.4 %
  1414 Avenue of the Americas
  New York, NY 10019

  James F. Bartl                                     16,379                      - (5)
  Donald E. Hoeschen                                  1,111                      - (5)
  Randy F. Lieble                                     1,372                      - (5)
  Lawrence J. Tienor                                    683                      - (5)
  Michael J. O'Meara                                    100                      - (5)
  Richard N. Cardozo                                      -                      -
  Patrick J. Quinn                                      200                      - (5)
  All officers and directors as a group           2,092,898 (6)               30.7 %
  (10 persons)

(1) Includes 108,875 shares owned by the L.E. Phillips Family Foundation, Inc. (the "Phillips Foundation"), a private charitable foundation of which the named person is an officer and/or director and as such exercises shared voting and investment powers.

(Footnotes continued on next page.)

2


Table of Contents

(2) Includes 1,669,664 shares held in a voting trust described in the section below captioned "Voting Trust Agreement," for which Ms. Cohen has sole voting power, and 182,054 shares owned by private charitable foundations (other than the Phillips Foundation) and family member trusts of which Ms. Cohen is a co-trustee, officer, or director, and as such exercises shared voting and investment powers.

(3) Includes 292,439 shares owned by charitable trusts and private charitable foundations (other than the Phillips Foundation) of which Mr. Cohen is a co-trustee, officer, or director, and as such exercises shared voting and investment powers. Does not include shares held in a voting trust described in the section below captioned "Voting Trust Agreement," for which Mr. Cohen holds voting trust certificates. Pursuant to the voting trust, Mr. Cohen does not have the power to vote or dispose of such shares.

(4) Based on February 2004 Schedule 13-G filing with the Securities and Exchange Commission.

(5) Represents less than 1% of the outstanding shares of common stock of the Company.

(6) Includes options for 750 shares currently exercisable by three officers under the National Presto Industries, Inc. 1988 Stock Option Plan.

The information contained in the foregoing footnotes is for explanatory purposes only, and the persons named in the foregoing table disclaim beneficial ownership of shares owned or held in trust for any other person, including family members, trusts, or other entities with which they may be associated. Stock ownership information contained in this Proxy Statement was obtained from the Company's shareholder records, filings with governmental authorities, or from the named directors and officers.

Section 16 (a) Beneficial Ownership Reporting Compliance

Based upon a review of Forms 3, 4 and 5 and any amendments thereto pursuant to Section 16 of the Securities and Exchange Act of 1934, the Company believes all such forms were filed on a timely basis by reporting persons during the fiscal year ended December 31, 2003.

Voting Trust Agreement

The first two individual beneficial owners listed in the foregoing table, and eight other persons comprising extended family members and related trusts, have entered into a voting trust agreement with respect to the voting of an aggregate of 1,669,664 shares of common stock of the Company. The voting trust agreement will terminate on December 4, 2009, unless sooner terminated by the voting trustee or unanimous written consent of all the parties to the voting trust agreement, or unless extended by unanimous written consent by all parties to the agreement. The voting trustee under the agreement is Maryjo Cohen. Under the agreement, the voting trustee exercises all rights to vote the shares subject to the voting trust with respect to all matters presented for shareholder action.

NOMINEES AND DIRECTORS

Two directors are to be elected at the Annual Meeting for a term of three years. The Articles of Incorporation and the Bylaws of the Company provide for six directors, divided into three classes of two members each. At each annual meeting, successors of the class whose term of office expires in that year are elected for a three-year term. The two nominees who receive the highest number of votes will be elected directors of the Company for the three-year term commencing at the Annual Meeting. The Board of Directors propose as nominees Mr. Richard N. Cardozo, Professor Emeritus, Carlson School of Management, University of Minnesota, and Senior Scholar, Florida International University, and Mr. Patrick J. Quinn, Chairman and

3


Table of Contents

President of Ayres Associates, a Wisconsin-based engineering and professional service consulting firm, whose terms expire at the meeting.

Unless otherwise directed, the proxies solicited by the Board of Directors will be voted for the election as directors of the nominees named above. The Company believes that each nominee named above will be able to serve; but should any nominee be unable to serve as a director, the persons named in the proxies have advised that they will vote for the election of such substitute nominee as the Board may propose.

                 INFORMATION CONCERNING DIRECTORS AND NOMINEES

     The following table provides information as to the directors and nominees
of the Company.


                                                  Principal Occupation;                           Director's
                                                   Business Experience           Director          Term To
Director                            Age               Past 5 Years                 Since            Expire
-----------------------------      ------      ---------------------------      -----------      ------------
Richard N. Cardozo*                  68        Professor Emeritus, Carlson           1998              2004
                                               School of Management,
                                               University of Minnesota;
                                               Senior Scholar, Florida
                                               International University

Patrick J. Quinn*                    54        Chairman and President,               2001              2004
                                               Ayres Associates; prior to
                                               April 28, 2000, Executive
                                               Vice President
James F. Bartl                       64        Executive Vice President,             1995              2005
                                               and Secretary of the
                                               Company

Michael J. O'Meara                   53        Chairman of the Board and             1996              2005
                                               Director, People's National
                                               Bank, Eau Claire Wisconsin

Melvin S. Cohen                      86        Chairman Emeritus of the              1949              2006
                                               Board of the Company

Maryjo Cohen                         52        Chair of the Board,                   1988              2006
                                               President and Chief
                                               Executive Officer of the
                                               Company(1)



* Nominee

(1) Ms. Cohen is the daughter of Mr. Cohen.

4


Table of Contents

During 2003 there were three Board of Directors meetings. Each of the Directors attended all of the meetings of the Board of Directors and all meetings of committees on which that director served, with the exception of Mr. Cohen who missed one meeting. The attendance policy for members of the Board of Directors may be reviewed in the corporate governance section of the Company's web site located at www.gopresto.com. Directors of the Company, other than those who are also executive officers, currently receive $1,000 for each Board meeting and $275 for each Audit Committee meeting attended. Executive officers are not compensated for services as Board members.

The Company has an Audit Committee consisting of Messrs. O'Meara, Cardozo, and Quinn, each an "independent director" as defined by the rules of the New York Stock Exchange. See the "Audit Committee Report" for a description of the functions performed by the Audit Committee. Prior to the Annual Meeting, the Company has not had a Nominating Committee because the nomination process involving all members of the Board has been adequate. The Company will have Nominating/Corporate Governance and Compensation Committees in place by the time of the Annual Meeting. The Company will post charters for the Audit, Nominating/Corporate Governance, and Compensation Committees on the Company's web site located at www.gopresto.com by the date of the Annual Meeting.

Based on its relative size and the scope of its operations, the Company has not appointed an "audit committee financial expert" as that term is defined in the Securities and Exchange Commission's rules and regulations. It is not believed that there is a need to make such a designation at this time, because the Board of Directors believes that each of the members of the Audit Committee has demonstrated an ability to read and understand fundamental financial statements, including the Company's balance sheets, statement of operations, and statements of cash flow. During 2003, the Audit Committee held three meetings. On May 17, 2000, the Audit Committee Charter was approved by the Board of Directors. The Audit Committee Charter was amended in May 2001 and August 2004, and is included as Appendix A.

The Company's Board of Directors has established a process whereby shareholders may send communications to the Board of Directors, as well as to the presiding director of executive sessions attended by only independent directors. The manner in which shareholders can send communications to the Board is set forth on the Company's web site located at www.gopresto.com in the corporate governance section.

In identifying prospective director candidates, the Nominating/Corporate Governance Committee (herein the "Nominating Committee") will consider its personal contacts, recommendations from shareholders, and recommendations from business and professional sources, but does not pay a fee to any third party. The Nominating Committee's policy will be to consider qualified candidates for positions on the Board recommended in writing by shareholders. Shareholders wishing to recommend candidates for Board membership should submit the recommendations in writing to the Secretary of the Company at least ninety
(90) days prior to May 17, 2005, with the submitting shareholder's name and address and pertinent information about the proposed nominee similar to that set forth for the nominees named herein. When evaluating the qualifications of potential new Directors, or the continued service of existing Directors, the Nominating Committee will consider a variety of criteria, including the individual's reputation for honesty and integrity; respect from leaders and the general citizenry in the community in which the individual resides; the individual's knowledge of business principles and intellectual capacity to quickly grasp and understand the intricacies of the Company's businesses; attainment of official status with a leading company, agency, educational

5


Table of Contents

institution, or other form of enterprise; accessibility geographically and otherwise for meetings; specialized skills or expertise; diversity of background; independence; financial expertise; freedom from conflicts of interest; ability to understand the role of a Director; and ability to fully perform the duties of a Director. While candidates recommended by shareholders will generally be considered in the same manner as any other candidate, special consideration will be given to existing Directors desiring to stand for re-election given their history of service and their knowledge of the Company, as well as the Board's knowledge of their level of contribution resulting from such service. Shareholders wishing to recommend for nomination or nominate a director should contact the Company's Secretary for a copy of the relevant procedure for submitting nominations and a full delineation of the criteria considered by the Nominating Committee when evaluating potential new Directors or the continued service of existing Directors.