Business Wire

NY-BLB&G

15.4.2016 18:03:09 CEST | Business Wire | Press release

Share
Metropolitan Capital Advisors and BLB&G Announce That Litigation Compels Navios Maritime Acquisition Corporation to Terminate Improper Loan

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 .

Contact:

Bernstein Litowitz Berger & Grossmann LLP
Alexander Coxe, +1-212-554-1423
Marketing and Communications Director
alex@blbglaw.com

About Business Wire

Business Wire
Business Wire
101 California Street, 20th Floor
CA 94111 San Francisco

http://businesswire.com

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

CFO Worx Named No. 448 on the 2026 Inc. 5000 List, the Most Prestigious Ranking of America’s Fastest-Growing Private Companies13.8.2026 22:21:00 CEST | Press release

Company Recognized for 776% Three-Year Revenue Growth, Earning a Place Among the Nation’s Most Successful Independent Businesses CFO Worx today announced it has been ranked No. 448 on the 2026 Inc. 5000 list, the annual list of the fastest-growing private companies in America. The list is the most prestigious ranking of the nation’s most successful independent and entrepreneurial businesses, recognizing companies that have achieved remarkable growth while driving innovation, creating jobs, and shaping the future of the economy. Past honorees include companies such as Microsoft, Meta, Chobani, Oracle, and Patagonia. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260813927944/en/ Brian Alvarez, CEO of CFO Worx "Earning a place on the list comes down to the trust our clients place in us and is a testament to the caliber of the team behind every engagement," said Brian Alvarez, CEO of CFO Worx. This year’s Inc. 5000 recognizes a

Andersen Global udvider sine juridiske kompetencer gennem samarbejde med Beech Incorporated13.8.2026 18:01:00 CEST | Pressemeddelelse

Andersen Global indgår en samarbejdsaftale med det sydafrikanske advokatfirma Beech Incorporated og udvider dermed sine juridiske kompetencer i regionen. Beech Incorporated leverer juridisk og regulatorisk rådgivning til mine-, vedvarende energi-, infrastruktur-, olie- og gassektorerne med speciale inden for fusioner og opkøb, kommercielle forhold, projektfinansiering, sundhed, sikkerhed og miljø, ansættelsesret samt compliance. Firmaets tværfaglige team rådgiver klienter gennem hele projektets livscyklus – fra udvikling og finansiering til drift og interessenthåndtering – og er anerkendt som et førende advokatfirma af blandt andre publikationer somChambers and Partners og The Legal 500 . "Vores tilgang bygger på en praktisk forståelse af de brancher, vi arbejder inden for, og på at levere konkret og handlingsorienteret rådgivning til klienter, der opererer i komplekse regulatoriske miljøer," siger Warren Beech, der er CEO for Beech Incorporated. "Gennem samarbejdet med Andersen Global

BTG Pactual TIG and Conservation International Reach 20,000 Hectares of Cerrado UnderRestoration, Accelerating Latin American Reforestation Strategy, Increasing Biodiversity andSocial Impacts13.8.2026 17:47:00 CEST | Press release

BTG Pactual Timberland Investment Group (BTG Pactual TIG) and Conservation International today announced that native ecosystem restoration is now underway across more than 20,000 hectares of Brazil's Cerrado biome, marking a significant acceleration of the firms' Latin American reforestation strategy. According to data recorded by the Brazilian Restoration and Reforestation Observatory, an independent platform that tracks and maps native vegetation recovery, this further cements the strategy’s position as the largest ever restoration effort in the region. Conservation International serves as Impact Adviser for social and environmental outcomes. The strategy focuses on conserving, restoring and reforesting degraded landscapes across Latin America, including Brazil's Cerrado, one of the world’s most biodiverse and fastest disappearing seasonally dry ecosystems. More than half of the Cerrado has already been cleared for cattle ranching and farming. The strategy targets degraded cattle pas

Milliman names Jim Fulton next CEO13.8.2026 17:40:00 CEST | Press release

Fulton to assume CEO role in October after 11 years as CFO Milliman, Inc., a leading global actuarial and consulting firm, today announced that Jim Fulton has been named Milliman’s next Chief Executive Officer. Fulton has served as Milliman’s Chief Financial Officer since 2015 and has been a leader driving the firm’s organic growth and M&A strategy. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260811027168/en/ Milliman, Inc., a leading global actuarial and consulting firm, today announced that Jim Fulton has been named Milliman’s next Chief Executive Officer. Fulton has served as Milliman’s Chief Financial Officer since 2015 and has been a leader driving the firm’s organic growth and M&A strategy. Fulton’s appointment reflects Milliman’s evolution from an actuarial firm to a multidisciplinary consultancy, risk management, and technology solution provider. His expertise includes stints with Big 4 accounting and private equi

Clinilabs Announces Leadership Expansion and Welcomes Laura Shannon as Chief Executive Officer and Promotion of Founder Gary Zammit, Ph.D., to Executive Chairperson13.8.2026 16:05:00 CEST | Press release

Clinilabs, a leading specialty contract research organization (CRO) focused on central nervous system (CNS) drug and device development, today announced leadership expansion. Laura Shannon joins the organization as Chief Executive Officer as Gary Zammit, Ph.D., the Company’s founder, assumes the role of Executive Chairperson. This expansion of the senior leadership team is a recognition of a growing organization with global capabilities and continuing commitment to advancing treatments for patients with psychiatric and neurological disorders. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260813362140/en/ Laura Shannon joins Clinilabs as Chief Executive Officer as Gary Zammit, Ph.D., the Company’s founder, assumes the role of Executive Chairperson Ms. Shannon is a dynamic leader with more than 30 years of biopharma industry experience, known for her ability to build high-performing teams, forge strategic alliances, and drive

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
World GlobeA line styled icon from Orion Icon Library.HiddenA line styled icon from Orion Icon Library.Eye