NY-BLB&G
15.4.2016 18:03:09 CEST | Business Wire | Press release
Metropolitan Capital Advisors International Ltd. (“Metropolitan”), together with its counsel, Bernstein Litowitz Berger & Grossmann LLP (“BLB&G”) today announced that Navios Maritime Acquisition Corporation (“Acquisition”) and Navios Maritime Holdings Inc. (“Holdings”) have terminated a loan agreement whereby Acquisition committed to provide Holdings with a $50 million revolving credit facility (the “Loan”). The Court set a hearing for May 12 to consider Metropolitan’s request to enjoin any drawdown of the loan pending a trial to invalidate it completely. As a result of the termination of the Loan, this hearing is no longer needed.
The termination of the loan comes two weeks after BLB&G commenced a lawsuit in the United States District Court in the Southern District of New York on behalf of Metropolitan and its co-founder Jeffery E. Schwarz. The lawsuit alleged that Loan was a scheme to allow Holdings to effectively transfer $50 million from Acquisition, as the Loan was issued on terms grossly below market rates and with illusory collateral, and that Holdings breached its fiduciary duties as Acquisition’s controlling stockholder by causing Acquisition to issue the Loan.
Commenting on the outcome, Mr. Schwarz stated: “I am gratified that the boards of Holdings and Acquisition ultimately heard the voice of Acquisition shareholders and reached the conclusion that was obvious to us from the time of the announcement of the loan agreement—the loan by Acquisition to its distressed parent Holdings was a misguided attempt to transfer tens of millions of dollars of value from Acquisition’s minority shareholders to its corporate parent. I hope going forward that Holdings will treat all shareholders of Acquisition fairly, and that the Acquisition Board will be as concerned for the interests of its public shareholders as it is for those of Holdings.”
BLB&G partner Mark Lebovitch led the firm’s litigation efforts. On the result, Mr. Lebovitch commented: “It is unfortunate that it took Metropolitan’s commencement of a lawsuit and the Court scheduling an injunction hearing for the Boards of Acquisition and Holdings to unwind this conflicted transaction. The loan reflected serious corporate governance shortcomings, as no truly independent director would consider the loan agreement to be fair to Acquisition. This outcome shows the benefits achievable when dedicated shareholders bring smart litigation to challenge disloyal actions by corporate directors.”
About Metropolitan Capital Advisors, Inc.
Founded in 1992, by Jeffrey Schwarz and Karen Finerman, Metropolitan Capital employs an opportunistic approach to value and event investing, with a commitment to shareholder activism.
About BLB&G
Since its founding in 1983, BLB&G has built an international reputation for excellence and integrity. Widely recognized as one of the leading law firms worldwide advising institutional investors on securities fraud, corporate governance and shareholders’ rights issues, BLB&G is unique among its peers, having obtained 5 of the 10 largest securities recoveries in history and having recovered over $30 billion on behalf of defrauded investors. The firm has also prosecuted groundbreaking corporate governance litigation related to breaches of fiduciary duty, corporate transactions which violated fair process and fair price, the applicability of the business judgment rule, issues of corporate waste, shareholder voting rights claims, and executive compensation. More information about BLB&G can be found online at www.blbglaw.com .
More information on Bernstein Litowitz Berger & Grossmann LLP can be found online at www.blbglaw.com .
View source version on businesswire.com: http://www.businesswire.com/news/home/20160415005721/en/
Contact:
Bernstein Litowitz Berger & Grossmann LLP
Alexander Coxe,
+1-212-554-1423
Marketing and Communications Director
alex@blbglaw.com
About Business Wire
Subscribe to releases from Business Wire
Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.
Latest releases from Business Wire
Takeda’s Zasocitinib Significantly Outperforms Deucravacitinib in Head-to-Head Phase 3 Psoriasis Study, Promising to Redefine Oral Treatment Expectations11.6.2026 13:00:00 CEST | Press release
Once-daily oral zasocitinib demonstrated statistical superiority over deucravacitinib for all primary and key secondary endpoints in plaque psoriasis study More than 35% of zasocitinib-treated patients achieved complete skin clearance (PASI 100) at week 16 – more than 2.5 times the response rate for deucravacitinib Safety profile was consistent with previous studies with no new safety signals identified Takeda (TSE:4502/NYSE:TAK) announced positive topline results for the Phase 3, randomized, multicenter, double-blind study comparing zasocitinib (TAK-279), an investigational, next-generation, highly selective and potent oral tyrosine kinase 2 (TYK2) inhibitor, to deucravacitinib in adults with moderate-to-severe plaque psoriasis (PsO). In the LATITUDE Atlas (TAK-279-PsO-3004) head-to-head study, zasocitinib demonstrated statistical superiority over deucravacitinib for the primary endpoint, Psoriasis Area and Severity Index (PASI) 100 response rate at week 16. The study also demonstrate
Clearlake Expands Liquid Credit Platform With Acquisition of LCM Asset Management’s CLO Contracts11.6.2026 13:00:00 CEST | Press release
Transaction adds 31 CLOs and more than $5 billion of AUM, strengthening Clearlake Credit’s position in liquid credit Clearlake Capital Group, L.P. (“Clearlake” or the “Firm”), a global investment firm managing integrated platforms spanning private equity, liquid and private credit, and other related strategies, today announced that its credit platform, Clearlake Credit, will assume management of CLOs managed by LCM Asset Management, LLC. The transaction adds 31 CLOs representing more than $5 billion of assets under management and increases assets managed by Clearlake Credit to approximately $39 billion across liquid credit, private credit, and other customized credit solutions. The acquisition further broadens the Firm’s capabilities, deepens its relationships with institutional investors, and reinforces its client-centric approach and commitment to seeking attractive risk-adjusted returns across market cycles. Milbank LLP and Dechert LLP represented Clearlake Credit in the transaction
L&T Technology Services, Databricks Partner to Deliver Industrial AI at Scale for Asset-Intensive Industries11.6.2026 12:30:00 CEST | Press release
Partnership brings together LTTS’ expertise in its Sustainability segment and the Databricks platform to accelerate Engineering Intelligence across industrial operations. L&T Technology Services (BSE: 540115, NSE: LTTS), a global leader in AI, Digital & ER&D Consulting Services, today announced a strategic go-to-market partnership with Databricks, the leading Data and AI company, to co-develop and deliver Industrial AI solutions that advance Engineering Intelligence (EI) for asset-intensive enterprises. Anchored in LTTS' Sustainability segment, spanning Process Engineering, Discrete Manufacturing and Industrial Products, the partnership will support Energy, Petrochemicals and Industrials clients globally. As industrial organizations seek to unlock greater value from decades of operational and engineering data, the alliance will combine LTTS’ deep domain capabilities with the Databricks platform to transform complex plant data into Engineering Intelligence - enabling improved asset reli
Faire Marks Five Years of Growth Outside North America: Over 100,000 Retailers, 50,000 Brands, and More Than One in Four Brands Now Selling Across Borders11.6.2026 11:05:00 CEST | Press release
Faire, the leading wholesale platform in North America and Europe, is expanding access to global wholesale, giving independent retailers globally more choice, better tools, and reducing barriers to growth. Five years after launching outside North America, Faire’s community of more than 100,000 retailers and 50,000 brands across 30+ countries in Europe, Australia, and New Zealand shows a retail sector that is innovating and thriving, well beyond the big cities. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260611115823/en/ Faire Celebrates 5 Years of Growth in Europe "It has been a phenomenal five years for Faire internationally, and the opportunity ahead has never been clearer,” said Olivier Buffon, VP and Head of International at Faire. “Europe represents a retail market comparable in scale to North America, and the challenges Faire was built to solve exist wherever independent retail exists. A global platform is more valu
Stallergenes Greer Will Present New Evidence on Long-term Outcomes in Allergen Immunotherapy at EAACI 202611.6.2026 10:09:00 CEST | Press release
Stallergenes Greer, a global leader in allergy care, will present new clinical evidence and scientific advances in allergen immunotherapy (AIT) at the European Academy of Allergy and Clinical Immunology (EAACI) congress, taking place from June 12 to 15 in Istanbul, Turkey. The company will host a scientific symposium entitled “From Nobel Prize discovery to AIT clinical evidence: Shaping pathways to respiratory allergy remission.”Three leading international experts will explore how landmark breakthroughs in immunology have deepened our understanding of immune tolerance, presenting emerging data on remission and long-term outcomes in respiratory allergy. Together, these insights reinforce AIT’s disease-modifying potential and its growing role in personalised medicine. “EAACI 2026 is an exceptional forum for the global allergy community to exchange knowledge and advance the field. Stallergenes Greer is proud contribute to these conversations, bringing together world-leading experts in pur
In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.
Visit our pressroom