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  • ESB Ownership
    • Questions about sales process and 50% split with sublessee. 4
    • Empire State Building and Sublessee 1961-2012: Changing views
    • $2.5 Billion Empire State Building Appraisal 6
    • Sublease >
      • "The supervisor has represented that historically, agreements have been entered into to share capital expenditure and financing costs"
      • Sublessee owners 7
      • Sublessee or Lessee 8
      • Is sublessee in a joint venture with Empire State Building? 9 empire state building ipo prospectus
      • Sublessee declines opportunity to become co-owner 10
      • Owner's relationship with sublessee is contractual 12
    • There is one owner of Empire State Building 11
    • Title to all of the improvements shall be in the Lessor 13
  • News
  • Lawsuits against Malkin Holdings L.L.C. since 3/1/12
    • 3/1/2012 First Class Action Lawsuit
    • 3/7/12 Second Class Action Suit
    • 3/12/12 Third Class Action Suit
  • SEC Rules
    • SEC rules
    • SEC rules 2
  • 3/16/12 SEC filing Empire State Building Associates
  • 4/4/12 SEC Filing EMPIRE STATE BUILDING ASSOCIATES L.L.C.
  • May 31 2012 Empire State Building Associates L.L.C. SEC Filing
  • How much is your ownership worth?
  • WSJ: High-Stakes Feud over Empire State Building
  • FORM OF PARTICIPATING AGREEMENT OF EMPIRE STATE BUILDING ASSOCIATES L.L.C.
  • No independent representative was retained to negotiate on behalf of the participants
  • S-4 Empire State Equity Trust February 13, 2012 14
  • definitions
  • continued from home page 15
  • Empire State Owners Go Ape Over IPO Tax Issues: Wall Street Journal April 8 2012
  • January 9, 2012 Answer to SEC inquiry
  • REITs Spring an Unnerving Surprise
  • Average Rent paid according to Malkin Holdings L.L.C.
  • Duties of Supervisor of Associates
  • Reuters: Empire State Building IPO change may help pay tax
  • Wall Street Journal: Tax Terms Amended in Empire State Building IPO
  • How to Ruin a Safe Bet; Did Rockefeller Center Financiers Reach Too Far?
  • May 31 2012 Helmsley Estate Driving Empire State Building IPO, Malkins Say
  • SEC May 11, 2012 :" "There are material risks and conflicts of interest associated with the consolidation."
  • Empire State Realty Trust, Inc. Lockup Agreement
  • Sublease or Lease
  • Shared Debt Obligation
  • Eliminating Two-Tier Ownership
  • Sublease renewals
  • June 9, 2008 Consent for Loan for Improvement Program
  • December 27, 1961 Lease Empire State Building Prudential Insurance Company and Empire State Building Associates
  • Lease renewals
  • June 8 2008 Loan for Improvements
  • June 9, 2008 Empire State Building Improvements Budget
  • $10 million REIT fees paid out 2011 Empire State Building IPO
  • 2011 Empire State Building Company LLC financials
  • SEC filing July 2, 2012 Empire State Building Associates L.L.C
  • ESBA number of participants
  • On August 6, 2012, Malkin Holdings L.L.C., the supervisor of Empire State Building Associates L.L.C. (the “Registrant”), provided the following to persons calling participants in the Registrant, to be used as a script for such calls:
  • SEC August 6, 2012 Empire State Realty Trust, Inc
  • Poll of ESBA participants
  • August 9, 2012 Legal Proceedings Empire State Building Associates 10Q
  • Columbia University Sublesse interest
  • August 9, 2012 SEC filing of New Risk Factor of More Lawsuits against Management
  • 2012: Observatory increased admission prices over 15%
  • Wells Notice
  • SEC Filing 8/24/12 "legally distinct from a joint venture"‏ malkin empire state sec filings
  • Empire State Realty Trust Empire State Realty Trust, Inc. Empire State Building IPO
  • Top ten reasons to Vote NO to sale of Empire State Building to REIT
  • Empire State Building Income
  • Page 1
  • Economic Joint Venture
  • 50/50 split
  • Empire State Building privately owned by Empire State Building Company?
  • S-4
  • 11/5/12 Settlement reached in Empire State Realty Trust suit
  • S-4 Red-lined version 11/2/12
  • Class Action Suit
  • Empire State Building Company Partnership Agreement
  • January 28, 2013 $800 Class Action Lawsuit Filed
  • REIT fees to ESBA investors
  • 1971 Sublessee Operating Agreement and Amendments
  • 1971 Empire State Building Company Participation Agreement
  • SEC 2/5/13 1971 Sublessee Empire State Building Company Participation Agreement
  • Top Ten Vote No
  • Sublease and improvements
  • Ex-Wien partner: Vote No to REIT
  • NYC's Towering TV Choice: 1 WTC Or Empire
  • Observatory
  • 1961 Empire State Building Associates Prospectus
  • A Yen for Yield Could Rock U.S. REIT
  • Law360
  • REfin Blog
  • Crain's New York: Bidders up ante at Empire State Bldg.
  • Crains New York: Another bidder moves to upset Empire St. Bldg. plan.
  • ESBA purchase of fee title 2001-2
  • Damage and Destruction:
  • ESBA land building cost percentages
  • Revman headed for Empire State Building
  • SL Green says private market will value ESB higher
  • Private market values exceed public market values
  • Thor makes second offer for Empire State Building
  • Empire State Building Investors Again Sue Owners Over IPO
  • Empire State Building Topless Model Lawsuit
  • Empire State Building $500 Million Lawsuit against Malkin Holdings
  • Investors Launch $600M Suit Over Empire State Building Deal
  • Law360: Report Details Malkin's Rebuff Of Empire State Bldg. Bids‏
  • Empire State Building Investor Appeals $55M Settlement
  • Empire State Building Investors Rip Owners Over Discovery
  • SEC Freedom of Information Act Exemptions
  • ESRT SEC filings comments and Malkin Holdings uploaded answers
  • ESRT SEC Indexed files
  • FREEDOM OF INFORMATION ACT (FOIA) Annual Report for Fiscal Year 2013 (October 1, 2012 through September 30, 2013)
  • Freedom of Information Appeal (FOIA) Resources
  • “MALKIN FAMILY CONTRIBUTORS” to REIT
  • FOIA Vaughn Index
  • sec-glomar-response-to-foia-request-for-copies-of-interviews-with-empire-state-building-investors
  • “[WE] CAN NEITHER CONFIRM NOR DENY THE EXISTENCE OR NONEXISTENCE OF RECORDS RESPONSIVE TO YOUR REQUEST”1 : REFORMING THE GLOMAR RESPONSE UNDER FOIA
  • SEC issues Glomar Response for ESRT-first since 2010
  • Glomar Response-Office of Government Information Services
  • Empire State Building $600 Million lawsuit against Peter Malkin and Tony Malkin
  • SEC FOIA Lawsuit for Empire State Building REIT records
  • Case 1:14-cv-01140 EDELMAN v. SECURITIES AND EXCHANGE COMMISSION Complaint
  • AGREEMENT BETWEEN MALKIN HOLDINGS LLC AND HELMSLEY ENTERPRISES, INC.
  • PARTNERSHIP AGREEMENTS and FORM OF PARTICIPATING AGREEMENT For Lincoln and Fish Buildings
  • Helmsley Management to self manage
  • SEC Division of Corporation Finance Staff Legal Bulletin No. 1 (with Addendum) "Confidential Treatment Requests"
  • Untitled
  • EDELMAN v. SECURITIES AND EXCHANGE COMMISSION-Case Assigned to Judge Rosemary M. Collyer. (md, )
  • About 20% of the people who were warned over a two-year period that they might be sued by U.S. regulators for allegedly violating securities law ended up not facing charges
  • justice.gov guide-freedom-information-act
  • September 19, 2013
  • September 5, 2013
  • August 12, 2013
  • December 21, 2012
  • December 17, 2012
  • October 19, 2012
  • October 10, 2012
  • October 5, 2012
  • September 24, 2012
  • September 13, 2012 file 1
  • September 13, 2012 file 2
  • September 10, 2012 file 1
  • September 10, 2012 file 2
  • September 5, 2012
  • August 27, 2012
  • May 8 , 2012
  • July 3, 2012
  • The OGIS Library Vaughn Index
  • FOIA Facts: Inside the Process of Preparing a Vaughn Index
  • Sample Vaughn Indexes
  • ESRT Equity Interests
  • SEC Vaughn Index Lawsuits
  • Gavin vs. SEC
  • GAVIN v. UNITED STATES SECURITIES EXCHANGE COMM., Civil No. 04-4522 (PAM/JSM). , at 4 (D. Minn. Oct. 13, 2006)
  • Empire State Realty Trust Ownership
  • Improvements ownership
  • Therefore, each of Associates and Lessee will ultimately bear one-half of the cost of the improvement program
  • CF Memo
  • SEC Is Steering More Trials to Judges It Appoints
  • 10/20/14 Activity in Case 1:14-cv-01140-RMC EDELMAN v. SECURITIES AND EXCHANGE COMMISSION Order
  • NYC Rooftop RF Options Widen
  • H.R.1211 - FOIA Act
  • Exemption 5
  • Exemption 6
  • 11/10/14 ESRT Update on Lawsuits
  • SEC: How Investigations Work
  • SEC FOIA Exclusions
  • SEC FOIA Requests November 2014
  • FOIA Glomar response conversion to The (c)(1) Exclusion
  • Law360: Empire State Building Investors Launch Another Suit Over IPO
  • 2/17/15: PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT
  • ESB SEC FOIA Requests Updated List
  • ESB SEC FOIA Requests Updated List March 2015
  • 04/17/15 RICHARD EDELMAN, ) Plaintiff, ) ) v. ) Case No. 1:14-CV-1140 (RDM) ) SECURITIES AND EXCHANGE ) COMMISSION, ) Defendant.
  • Malkin attorneys FOIA requests for ESB investigation files rebuffed by SEC
  • ESRT SEC Enforcement Investigation File
  • FOIA Lawsuit San Diego
  • Malkin Holdings lawyers Dewey Pegno SEC FOIA requests Empire State Building
  • Federal Court to Rule on release of SEC ESRT-Malkin Holdings Investigation Files
  • Peter Malkin Tony Malkin Lose Empire State Building Case Ruling
  • Malkin Holdings, Peter Malkin and Tony Malkin lose counterclaim ruling in Empire State Building Arbitration case.
  • Federal Court to rule on release of SEC ESRT Malkin Holdings ​Empire State Building investigation files.
  • SEC FOIA Lawsuit Empire State Realty Trust Malkin Holdings Consumer Complaints
  • Empire State Realty Trust Income Tax Treatment according to Malkin Holdings LLC
  • February 20, 2013 Re: In re Empire State Realty Trust, MNY-08894
  • SEC 662
  • SEC lawyers Empire State Building sale notes from calls and meetings with Malkin Holdings managers ordered released by Federal Judge
  • Malkin answer to SEC about unauthorized renewal of Empire State Building Master Lease
  • "SEC Ordered To Turn Over Empire State REIT Docs Index"
  • Empire State Building Department of Justice FOIA ruling Malkin Holdings
                           
"And so the question is whether you should rely on Malkin Holdings..."
11/9/12 SEC Filing by Empire State Building Associates L.L.C.

or 

the Wall Street Journal, Reuters, Sun Sentinel and Bloomberg?
 
                                   


Picture
Wall Street Journal Stories about REIT IPO by Craig Karmin

4/10/12  Empire State Owners Go Ape Over IPO; Dispute on Taxes Pits Small Investors Against the Family That Controls the New York City Skyscraper

5/9/12  Tax Terms Amended in Empire State IPO; Controlling Family's Move Is Seen by Some as Bid to Appease Minority Shareholders; 'It's Still Too One-Sided'

7/3/12  Malkins Change IPO Terms

8/3/12   Unlikely Gadfly Buzzes Tower's IPO

8/14/12  Income to Soar for Empire State Building


Craig Karmin is a real estate reporter for the Greater New York section of The Wall Street Journal. 

Previously, Mr. Karmin was a reporter for 11 years with the Money & Investing section of The Wall Street Journal, where he covered a variety of beats, including international markets, foreign exchange and institutional investors.

Mr. Karmin joined Dow Jones & Co. as a reporter for the Capital Markets Report newswire and later became a telecommunications reporter for the Dow Jones News Service.

Before coming to Dow Jones, Mr. Karmin worked for FAME magazine as a research editor. He was a free-lance writer in Prague and then moved to Washington, D.C., as a reporter for The Hill newspaper.

His book, Biography of the Dollar: How the Mighty Buck Conquered the World and Why It's Under Siege, was published in 2008 and has been translated into several foreign-language editions.

Mr. Karmin graduated from the University of California at Berkeley with a bachelor’s degree in political science and a master’s degree in journalism.