EX-99.1 2 c10748exv99w1.htm NOTICE OF BLACKOUT PERIOD TO EXECUTIVE OFFICERS AND DIRECTORS exv99w1
 

Exhibit 99.1
Notice of Blackout Period to Executive Officers and Directors of A.S.V., Inc.
December 14, 2006
You are receiving this notice to advise you that A.S.V., Inc. (the “Company”), as plan administrator of the A.S.V., Inc. Employee Savings and Profit Sharing Plan (the “Plan”), is changing record keepers and investment managers effective January 1, 2007. Accordingly, the Plan will enter a blackout period (the “Blackout Period”) beginning on Friday, December 29, 2006 and ending on or about January 31, 2007.
During the Blackout Period, participants in the Plan will be temporarily unable to access their accounts, request loans, withdrawals or distributions, make fund exchanges (transfers), or make contribution allocation changes. Participants will still be able to make payroll and rollover contributions and loan repayments during the Blackout Period.
As an executive officer or director of the Company, during the Blackout Period you are prohibited from purchasing, selling or otherwise acquiring or transferring any of the Company’s Common Stock or other equity securities of the Company acquired in connection with your service or employment as a director or executive officer of the Company (including exercising Company stock options and transferring into or out of Common Stock within the Plan). These prohibitions apply to transactions by members of your immediate family who share your household, as well as by certain entities in which you have financial involvement. The trading prohibition does not apply to certain exempt transactions, such as qualified Rule 10b5-1 trading plan transactions and bona fide gifts.
Although during the Blackout Period you are only prohibited from transactions involving shares of the Company’s Common Stock that you acquired in connection with your service to the Company as a director or executive officer, the presumption is that any transaction by you in the Company’s Common Stock involves shares acquired in connection with such service. Any profit you realize from any non-exempt transaction involving the Company’s Common Stock during the Blackout Period is recoverable by the Company. In addition, you are subject to civil and criminal penalties if you violate the Blackout Period rules. Accordingly, we strongly urge you to refrain from making any trades whatsoever in the Company’s Common Stock during the Blackout Period.
If you have any questions regarding this notice or would like confirmation of the actual ending date of the Blackout Period, please contact the Human Resource Manager in the Benefits Department at A.S.V., Inc, P.O. Box 5160, Grand Rapids, MN 55744 or by telephone at (218) 327-3434.