09 Jun American Capital Ltd.
On August 12, 2009, the law firm of Izard Nobel LLP was appointed as Co-Lead Counsel on behalf of a Class of persons who purchased or otherwise acquired the securities of American Capital Ltd. (NASDAQ: ACAS) (“American Capital” or the “Company”) between October 30, 2007 and November 7, 2008, inclusive (the “Class Period”). The action is pending in the United States District Court for the District of Maryland.
The Complaint charges that American Capital and certain of its officers and directors violated federal securities laws. Specifically, Defendants failed to disclose the following: (i) American Capital had far greater exposure to disruptions in the credit markets than disclosed; (ii) the Company planned to retain capital gains from its investments rather than distributing them to shareholders; (iii) American Capital would have to drastically alter its dividend policy; (iv) the Company lacked adequate internal and financial controls; and (v) that, as a result of the foregoing, the Company’s statements about its financial well-being, future business prospects and dividend payments were lacking in any reasonable basis.
On November 6, 2009, the Plaintiffs filed an Amended Complaint with the Court. The Defendants filed a Motion to Dismiss on January 29, 2010. On April 8, 2010, Plaintiffs filed an Opposition to the Defendants’ Motion to Dismiss. On May 7, 2010, Defendants filed their Reply in Further Support of the Motion to Dismiss. Plaintiffs filed a Motion for Leave to FIle a Sur-Reply in Opposition to Defendants’ Motion to Dismiss on May 20, 2010. On June 15, 2010, the Court entered an order denying the Defendants’ Motion to Dismiss.
On June 12, 2012, the Court entered an order granting final approval to the stipulated settlement in the amount of $18 million, certifying the settlement class, approving attorneys’ fees and approving reimbursement of the Plaintiffs’ expenses.
On May 30, 2013, Plaintiffs filed a Motion to Distribute the Net Settlement Fund. The Motion was Amended on May 31, 2013, and the Court approved the Amended Motion on July 2, 2013.
Attach:
- American Capital Notice of Settlement
- American Capital Proof of Claim Form
- American Capital Order Granting Final Approval of the Settlement
- American Capital Motion to Distribute Settlement Funds
- American Capital Brief Supporting Motion to Distribute Settlement F
- American Capital Claims Administrator’s Affidavit Re Distribution
- American Capital Court’s Distribution Order
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