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
S&P Global Leads Strategic Investment in Kaiko, Extending Series B to $110 Million14.9.2026 14:00:00 CEST | Press release
Global financial institutions are funding the leading provider of data services for 24/7 onchain finance, and establishing a Kaiko-chaired industry working group to focus on data infrastructure for tokenized markets. Kaiko, the regulated provider of data services for onchain finance, today announced that S&P Global has led a strategic investment in the company, extending Kaiko's Series B to $110 million. S&P Global was joined in the round by additional strategic investors: BNP Paribas, Bpifrance, Broadridge, Canton Foundation, Coinbase Ventures, DRW Venture Capital, Nasdaq Ventures, Royal Bank of Canada, Stellar, and Susquehanna Private Equity Investments. Existing shareholders Anthemis, Point Nine, and Revaia, also participated in the extension. The support of investors from across the financial ecosystem reflects a shift already underway: the institutions that run today's capital markets are now funding the data infrastructure required to operate tokenized markets. Alongside their in
Textron Aviation and Merlin Introduce Cessna SkyCourier UX Concept Aircraft14.9.2026 14:00:00 CEST | Press release
Concept pairs FAA-certified Cessna SkyCourier with Merlin Pilot autonomy to explore a scalable, autonomous approach to sustaining dispersed forces when traditional logistics routes are constrained or unavailable. Textron Aviation Inc., a Textron Inc. (NYSE: TXT) company, and Merlin, Inc. today introduced a concept Cessna SkyCourier UX™ aircraft that combines Textron Aviation’s proven Cessna SkyCourier platform with Merlin’s aircraft-agnostic software solution for autonomous aviation. Revealed at the Air, Space & Cyber Conference, the concept explores a new cost-efficient and scalable approach to addressing logistical challenges with supplying forces dispersed across contested operational environments when traditional supply routes are constrained, vulnerable or otherwise unavailable. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260914611105/en/ The Cessna SkyCourier UX concept explores autonomous resupply operations for di
fiskaly appoints Co-CEO to accelerate European growth14.9.2026 12:53:00 CEST | Press release
Former orderbird CEO David Feichter joins founder Johannes Ferner as co-CEO fiskaly grew 60% year-over-year, while scaling profitably Feichter will focus on operations, while Ferner will expand fiskaly's transaction compliance infrastructure across Europe FinTech scale-up fiskaly has appointed David Feichter Co-CEO, alongside founder Johannes Ferner. Together, they will lead the company through its next phase of European growth. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260914948059/en/ Accredited to Leandra Schurz Photography Feichter will lead the operations and scaling of the organisation, while Ferner will focus on international partnerships, acquisitions and external representation. fiskaly will also stay active on M&A, building on its track record of acquisitions to keep moving quickly when the right opportunities arise across Europe. Feichter brings over 20 years of experience in POS and fintech across Europe and
Expo 2030 Riyadh and Mohammed Al Habib Real Estate Company Sign a 3.2 billion SAR Joint Venture Agreement to Develop and Deliver Expo Village14.9.2026 11:42:00 CEST | Press release
Expo 2030 Riyadh and Mohammed Al Habib Real Estate Company (MAHR) have signed a 3.2 billion SAR joint venture agreement for the development and delivery of the Expo Village, the residential community for Expo 2030 Riyadh. The agreement represents the first joint venture milestone for Expo 2030 Riyadh and reinforces itscommitment to partnering with the private sector to unlock economic opportunities and create lasting value, both in the lead-up to the Expo and well beyond the event itself. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260914576734/en/ Expo 2030 Riyadh and Mohammed Al Habib Real Estate Company (MAHR) have signed a 3.2 billion SAR joint venture agreement for the development and delivery of the Expo Village, the residential community for Expo 2030 Riyadh The Expo Village will provide purpose-built accommodation for Official Participants and delegations within a fully integrated sustainable district. Designed to
Motive Announces Entitlement Server General Availability for iPhone Duo, iPhone 18 Pro and iPhone 18 Pro Max14.9.2026 11:00:00 CEST | Press release
A launch-ready, cloud-native platform that lets operators support the latest iPhone models from day one. Motive, a global leader in mobile device and connectivity management, today announced the general availability of Motive Entitlement Server support for iPhone Duo and the iPhone 18 series. Ahead of Apple’s announcement, Motive invested in the platform capabilities needed to support the new devices at launch. As a result, operators can support the new iPhone product families without waiting for additional platform development. The release provides comprehensive support for entitlement applications aligned with GSMA standards and interoperates with iOS and Android device ecosystems. This includes iPhone Handoff, which lets customers of supported carriers switch seamlessly between two iPhones while using a single phone number. “Apple’s latest announcement marks another important step toward an eSIM-first future,” said Jeevithan Muttu, SVP and General Manager of Device Management at Mot
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
