RonnieD
15 years ago
Shipper Wins Dismissal of Securities Fraud Claim
Monday, October 26, 2009
By JONATHAN PERLOW
(CN) - A federal judge in Manhattan largely dismissed a shareholder class action accusing Britannia Bulk Holdings of deceiving investors in statements about its initial public offering.
U.S. District Judge Denise Cote tossed the fraud claims against all defendants, which included Britannia, its CEO and CFO, and four underwriters. The only surviving claim is a "negligent conduct" charge against the two executives.
The company's June 2008 IPO was a financial success for the company and its underwriters. They raised $125 million by selling more than 8.3 million shares of common stock to investors for $15 per share.
By late October, the stock had dropped more than 98 percent to $0.27 per share after the company became insolvent.
Britannia Bulk is an international provider of dry-bulk shipping and logistics services, mainly in and out of the Baltic region.
Its profits soared to "historic levels" in early 2008 as demand for Russian coal and other raw materials increased the demand for dry-bulk transportation in the Baltic and Northern Europe.
It earned $300 million in the first three months of 2008, compared with $60 million over the same time period a year earlier.
The class claimed that the registration statement and prospectus contained misstatements and omissions, mostly surrounding its use of forward freight agreements (FFA). FFAs are contracts traded on the Baltic exchange in which shippers and ship owners hedge against the volatility of the ocean market. Parties use them to bet on the price of a particular freight-route on a particular day.
The lawsuit accused Britannia of failing to disclose that it used FFAs to guard against increases and not merely decreases, effectively putting a ceiling on potential gains.
Britannia was also accused of failing to enter into proper fixed-price contracts at a time when crude oil and bunker fuels were experiencing extreme fluctuation, and that it "engaged in speculative trading in FFAs ... to 'play the market.'"
The class maintained that the alleged "false and misleading" information was of considerable relevance to investors evaluating Britannia's business.
But Judge Cote ruled that the documents provided to shareholders "contain an abundance of cautionary language about Britannia's use of FFAs that Plaintiff simply ignores."
Also, the company's shareholder update was written in "straightforward" and "plain language" and was "entirely consistent with the Company's intervening SEC filings after the IPO," Cote wrote.
She ruled that the plaintiff's claim "does not withstand meaningful scrutiny."
http://www.courthousenews.com/2009/10/26/Shipper_Wins_Dismissal_of_Securities_Fraud_Claim.htm
RonnieD
16 years ago
New Shareholders Class Action Lawsuit - Deadline expires on January 5, 2009
Class Action Lawsuit Against Britannia Bulk Holdings Inc. (NYSE:BBLKF ) Over Alleged Violations Of Securities Laws Filed
Shareholders Foundation, Inc., Mail@ShareholdersFoundation, www.ShareholdersFoundation.com
2008-11-06 22:27:03 - A shareholder of Britannia Bulk Holdings Inc (NYSE:BBLKF) filed a lawsuit on behalf of all persons or entities who acquired Britannia Bulk Holdings Inc. (NYSE:BBLKF) common stock pursuant or traceable to the Company's Registration Statement and Prospectus (collectively, the 'Registration Statement') issued in connection with its June 17, 2008 initial public offering ('IPO') over allegedly violating Federal Securities Laws.
http://www.pr-inside.com/class-action-lawsuit-against-britannia-bulk-r899906.htm
On Thursday, November 06, 2008, a shareholder of Britannia Bulk Holdings Inc (NYSE:BBLKF) filed a proposed class action lawsuit in the United States District Court for the Southern District of New York on behalf of all persons or entities who acquired Britannia Bulk Holdings Inc. (NYSE:BBLKF) common stock pursuant or traceable to the Company's Registration Statement and Prospectus (collectively, the
'Registration Statement') issued in connection with its June 17, 2008 initial public offering ('IPO') over allegedly violating Federal Securities Laws.
If you acquired Britannia Bulk Holdings Inc. ('Britannia Bulk') (NYSE:BBLKF) common stock pursuant or traceable to the Company's Registration Statement and Prospectus (collectively, the 'Registration Statement') issued in connection with its June 17, 2008 initial public offering ('IPO'), you have certain options and there are strict and short deadlines running. (January 5, 2009). You should contact the Shareholders Foundation, Inc. immediately! Email: Mail(at)ShareholdersFoundation.com or call us today: +1-(858)-779-1554. According to the complaint the plaintiff alleges that Britannia Bulk Holdings Inc. ('Britannia Bulk '; NYSE:BBLKF), certain of its officers and directors and its underwriters violated the Securities Act of 1933. Specifically the complaint alleges that on June 17, 2008, Britannia Bulk accomplished its IPO of 8.3 million shares at $15.00 per share for net proceeds of $116.2 million, pursuant to the Registration Statement and in its first day of trading, Britannia Bulk stock closed at $13.85 per share. But then, on October 28, 2008, Britannia Bulk issued a press release announcing that the Company expected a significant net loss for the third quarter of 2008 compared to the net income achieved during the second quarter of 2008 and the loss was due to problems with hedges Britannia Bulk had entered into earlier in the year, so the lawsuit. The stockholder alleges that in addition Britannia Bulk announced it would not pay a dividend on its common shares for the quarter ended September 30, 2008, or for the foreseeable future and as a result of these news Britannia Bulk's stock collapsed to $0.16 per share. In addition so the lawsuit, the following day Britannia Bulk disclosed that it had been notified by its lenders that they were accelerating all of its subsidiary's obligations under a $170 million lending facility and that this would ultimately result in the subsidiary being placed into administration under U.K. insolvency laws.
RonnieD
16 years ago
Administrators called in to Britannia Bulk
Jamie Dale - Monday 3 November 2008
ADMINISTRATORS were called in on Friday to deal with Britannia Bulk Plc, which went into administration under the Insolvency Act 1986 of England and Wales.
Lloyd’s List understands that BDO Stoy Hayward has been appointed administrator for Britannia Bulk.
In a letter seen by Lloyd’s List, BDO Stoy Hayward advised those who had existing contract or charter obligations with Britannia to take “all necessary steps to mitigate any claims arising under your contract or charter with the company”.
On Friday the New York Stock Exchange said it had agreed that the company be de-listed. The NYSE had already suspended trading of Britannia Bulk Holdings.
Britannia Bulk reported last week that it faced financial difficulties due to losses made on forward freight agreement contracts, bunker hedging and chartered in tonnage.
Nordea Bank Denmark and Lloyd’s TSB Group then asked dry bulk operator Britannia Bulk for immediate repayment of $158.7m outstanding on a loan due to a default on the terms.
Britannia Bulk had previously warned of the high risk of it breaching the terms, as the asset values of the five ships used to secure the loan had plummeted.
The secondhand cost of capesize vessels has dropped to $68.8m, from an all-time high of $153.8m in July, according to the Baltic Exchange.
http://www.lloydslist.com/ll/news/administrators-called-in-to-britannia-bulk/20017586502.htm