SHAREHOLDER ALERT: Pomerantz Law Firm Reminds Shareholders With Losses on Their Investment in Exide Technologies of Class Actio
10 Maio 2013 - 4:21PM
Pomerantz Grossman Hufford Dahlstrom & Gross LLP has filed a
class action lawsuit against Exide Technologies ("Exide
Technologies" or the "Company") (Nasdaq:XIDE) and certain of its
officers. The class action filed in United States District Court,
Central District of California, is on behalf of a class consisting
of all persons or entities who purchased or otherwise acquired
securities of Exide Technologies between February 9, 2012 and April
3, 2013, both dates inclusive (the "Class Period"). This class
action seeks to recover damages against the Company and certain of
its officers and directors as a result of alleged violations of the
federal securities laws pursuant to Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
If you are a shareholder who purchased Exide Technologies
securities during the Class Period, you have until June 14, 2013 to
ask the Court to appoint you as Lead Plaintiff for the class.
A copy of the Complaint can be obtained at www.pomerantzlaw.com.
To discuss this action, contact Robert S. Willoughby at
rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll
free, x237. Those who inquire by e-mail are encouraged to include
their mailing address, telephone number, and number of shares
purchased.
Exide operates in 80 countries, producing, recycling and
distributing lead-acid batteries. The Company's global
transportation and industrial energy groups purported to provide a
range of stored electrical energy products and services for
industrial and transportation applications.
The Complaint alleges that throughout the Class Period,
Defendants made false and/or misleading statements, as well as
failed to disclose material adverse facts about the Company's
business, operations, and prospects. Specifically, defendants
failed to disclose that: (a) Exide was polluting the environment
with potentially fatal levels of arsenic, and exposing almost
110,000 residents near its Vernon, California battery recycling
facility to dangerously high levels of pollutants; (b) Exide knew
that based on actual and projected revenues and expenses it would
not be able to meet its debt repayment obligations and other
pledges and promises under its debt agreements and indentures.
Specifically, the Company knew that it could not satisfy its
obligations under a $200 million revolving facility, a $675 million
bond, and a $55.7 million floating rate convertible note due in
September 2013; and (c) as a result, Exide knew its environmental
liabilities, debt obligations and potential insolvency supported
neither Exide's statements to investors regarding the Company's
financials, its quarterly guidance, nor the inflated share price
targets the investment community was modeling based on Defendants'
Class Period statements and guidance.
On March 22, 2013, one of the Company's recycling facilities in
Vernon, California, located approximately four miles due south of
downtown Los Angeles, was cited by the South Coast Air Quality
Management District (the "Agency") as posing a greater cancer risk
to residents of Southern California than any of the more than 450
facilities the Agency has regulated in the last 25
years.
Following the Agency's citation, on April 3, 2013, Los Angeles
City Council members held a public hearing asking the government to
press charges against the Company to correct the health risk posed
by the Company's environmental contamination.
On April 4, 2013, news source Debtwire.com published a report
that Exide had hired financial advisory firm Lazard and the law
firm of Akin Gump LLP, both bankruptcy experts, to advise on its
financial restructuring after prior restructuring efforts
stalled. On this news, Exide's shares fell $1.24 a share to
$1.37 a share (-46%), on April 4, 2013, before trading in the stock
was halted.
The Pomerantz Firm, with offices in New York, Chicago, Florida,
and San Diego, is acknowledged as one of the premier firms in the
areas of corporate, securities, and antitrust class litigation.
Founded by the late Abraham L. Pomerantz, known as the dean of the
class action bar, the Pomerantz Firm pioneered the field of
securities class actions. Today, more than 70 years later, the
Pomerantz Firm continues in the tradition he established, fighting
for the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered
numerous multimillion-dollar damages awards on behalf of class
members. See www.pomerantzlaw.com.
CONTACT: Robert S. Willoughby
Pomerantz Grossman Hufford Dahlstrom & Gross LLP
rswilloughby@pomlaw.com
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