Law Offices of Todd M. Garber Announces Class Action Lawsuit Against Exide Technologies
20 Avril 2013 - 3:30AM
Business Wire
The Law Offices of Todd M. Garber announces that a class action
lawsuit has been filed in the United States District Court for the
Central District of California on behalf of a class (the “Class”)
comprising all purchasers of the securities of Exide Technologies
(“Exide” or the “Company”) (NASDAQ:XIDE) between February 9, 2012
and April 3, 2013, inclusive (the “Class Period”). Exide operates
in 80 countries producing, recycling and distributing lead-acid
batteries. The Company operates eight battery recycling facilities
worldwide, and its global transportation and industrial energy
groups provide a range of stored electrical energy products and
services for industrial and transportation applications.
The Complaint alleges that during the Class Period defendants
knew but misrepresented or failed to disclose to the investing
public 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, based on
actual and projected revenues and expenses, that the Company would
not be able to meet its debt repayment obligations and other
pledges and promises 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 that
the Company was solvent, 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, the Company’s recycling facility in Vernon
was cited by the South Coast Air Quality Management District (AQMD)
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.
Then, 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, and on April 4, 2013 Debtwire.com
published a report that Exide had hired financial advisory firm
Lazard and the law firm of Akin Gump LLP to advise on the Company’s
financial restructuring after prior restructuring efforts stalled.
On this news, Exide’s shares fell $1.24 a share to $1.37 a share, a
46% drop on April 4, 2013, before trading in the stock was
halted.
If you are a member of the above-described Class, you may move
the Court no later than June 14, 2013 to serve as lead plaintiff;
however, you must meet certain legal requirements. To be a member
of the Class you need not take any action at this time, or you may
retain counsel of your choice. If you have information or would
like to learn more about these claims, or if you have any questions
concerning this announcement or your rights or interests with
respect to these matters, please contact Todd M. Garber, Esquire,
of the Law Offices of Todd M. Garber, by telephone at 213-700-7262
or by email to info@toddgarberlaw.com.
This press release may be considered Attorney Advertising in
some jurisdictions under the applicable law and ethical rules.
Exide Technologies (MM) (NASDAQ:XIDE)
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