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
Xsolla Expands DACH Presence With Xsolla Connect Berlin and Sponsorship of Games Ground Berlin4.11.2026 11:00:00 CET | Press release
Coordinated Activations Across Berlin Underscore Xsolla’s Continued Investment In The DACH Games Ecosystem, Bringing Developers, Publishers, Creators, And Partners Together Xsolla, a global video game commerce company that helps developers launch, grow, and monetize their games, today announces a comprehensive program of activations across Berlin throughout November 2026. As a main partner of Games Ground Berlin, Xsolla is supporting the festival’s Publisher Connect program and is hosting Xsolla Connect Berlin: Publisher & Content Creator Edition, bringing together developers, publishers, and creators to explore new opportunities for collaboration and growth. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261103176221/en/ Graphic: Xsolla During Games Ground Berlin, Xsolla will host Xsolla Connect Berlin, bringing together 15 publishers and over 40 selected German content creators at Alte Münze on November 6 for curated netwo
Yamaha Motor to Exhibit All-New RW Series’ RW700 and RW350 at EICMA4.11.2026 10:00:00 CET | Press release
- Adventure Scooters Bringing New Enjoyment to Mobility - Yamaha Motor Co., Ltd. (TOKYO: 7272) announced today that it will exhibit its new RW700 and RW350 models at EICMA 2026 (International Two-Wheeler Exhibition), one of Europe's largest motorcycle shows, to be held in Milan, Italy, from November 3rd. “RW” is an all-new series of models for global markets developed as new adventure scooters to transform everyday mobility into an experience bringing more color to people's lifestyles. The RW Series aims to offer new mobility experiences that seamlessly connect everyday life with the extraordinary, opening up new possibilities and discoveries in people’s lives by letting them explore detours off familiar roads that lead them to new sights and Kando. In addition to providing comfort and ease of use for urban environments, the RW Series boasts features and performance that entice users to freely turn off familiar roads and head out toward new scenery and experiences. The styling features
ANS Cuts IT Alert Noise by 83% with LogicMonitor Edwin AI4.11.2026 09:30:00 CET | Press release
Early results also show 45% fewer observability cases and 44% faster incident resolution, giving ANS engineers more time to improve customer services LogicMonitor®, the AI-first platform for Autonomous IT, and ANS Group, a leading UK technology and managed services provider, today announced early results from ANS's deployment of Edwin AI, demonstrating how AI is helping reshape managed services by reducing routine operational work and creating more capacity for proactive customer value. Since deploying Edwin AI in August 2026, ANS has reduced alert noise by 83%, observability incident volumes by 45% and average incident resolution times by 44%, while reporting a 500% return on its incremental Edwin AI investment.* ANS has also consistently maintained SLA performance above 97%. By correlating related alerts, accelerating investigations and recommending next steps, Edwin AI is helping ANS shift engineering capacity from reactive incident management toward more proactive customer services
LogicMonitor Makes AI the Standard, Not the Upgrade4.11.2026 09:00:00 CET | Press release
New platform packages include Edwin AI and Digital Experience at every tier, uniting signals, context and governed action on one licensing model LogicMonitor®, the AI-first platform for Autonomous IT, today announced new platform packages that make Edwin AI and LogicMonitor Digital Experience, including Synthetics and Internet Sonar, standard in every tier. By bringing full digital experience and internet health visibility together with AI-driven operations in every package, LogicMonitor helps teams connect what users experience to the signals behind it and move toward a governed next step. AI is now essential to modern IT operations, yet too often, the capabilities needed to put it into practice remain fragmented across tools and licensing models. As enterprises move toward Autonomous IT, access to AI-driven intelligence and end-to-end visibility must become the foundation, not an added layer of complexity. “IT teams don't need more separate Observability tools with AI bolted on; they
AiDEN Auto and Volvo Trucks First to Offer Embedded E-Transportation Regulatory Compliance Through the Infotainment System4.11.2026 09:00:00 CET | Press release
An industry-first integration brings RO e-Trans compliance monitoring directly into the Volvo Trucks infotainment interface and Volvo Connect, making regulatory management easier, safer, and more efficient for drivers and fleets. AiDEN Auto, a pioneer in connected vehicle software solutions, has partnered with Volvo Trucks to integrate RO e-Trans regulatory compliance management directly into the truck's in-cab infotainment system and the Volvo Connect back-office portal. Made available through Volvo Trucks' suite of digital services and Volvo Connect ecosystem, this innovative application allows drivers and fleet managers to monitor and maintain compliance with Romania's mandatory national e-Transport regulations in real time—without leaving the cab or relying on secondary mobile devices. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261104342472/en/ AiDEN Auto, a pioneer in connected vehicle software solutions, has partne
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
