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    City investing com liquidating

    Marbury Rainer, Jay Basham, Parker, Hudson, Rainer & Dobbs, Atlanta, GA, and James A. Dreyfuss, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, for defendant Stanchart Business Credit, Inc. Sparks Jr., Hughes, Hubbard & Reed, Miami, FL, and Norman C. (Id.) Simultaneously, they required GDC to borrow in excess of 0 million and remit it to City as a dividend (the "City Dividend"). 4(f), which sets the territorial limits within which service of process will be effected upon a party, states: [a]ll process other than a subpoena may be served anywhere within the territorial limits of the state in which the district court is held, and when authorized by statute of the United States or by these rules, beyond the territorial limits of that state.... This rule extends the district court's ability to obtain personal jurisdiction over a defendant beyond the boundaries of the state in which the district court sits by authorizing nationwide service of process by federal statutes or rules. at ¶ 262), and consequently decided to separate themselves from GDC. at ¶ 267.) According to plaintiffs, the City Defendants, with the assistance of Cravath, conceived a plan to extract over 0 million from GDC and simultaneously appear to separate themselves from GDC, while still retaining control over GDC and ensuring concealment of their participation in the fraudulent scheme. at ¶ 268.) The City Defendants and Cravath arranged for City to sell 62% of GDC stock to the public and retain 38% in City Trust for later distribution. The net cash estimate does not take into account AVGN’s AV411 assets and program, which could be worth considerably more, perhaps as much as M to M or between

    Metz, Deutsch & Frey, New York City, and William O'Brien, Glenn P. (Id.) The Inside Director Defendants are also categorized by plaintiffs as City Defendants and Director Defendants. The central concern is the "predictability and fairness of the court taking jurisdiction over the defendant." Giangola, 753 F.

    Liquidating Trust, Am Base Corp., Carteret Bancorp. at ¶ 320), and each gained additional knowledge by serving as members on various GDC committees. at ¶ 331.) The Audit Committee included Hatch (Chairman), Askew, Clark and Simons, and its principal function was to advise the Board on internal and external audit matters including the recommending of appointments of independent auditors. at ¶ 331(a).) The committee also reviewed with these auditors the financial statements, investigations and surveys prepared by the auditors, and it reviewed reports of GDC's Internal Audit Department. Bank's failure to require the full and accurate disclosure of material facts constituted a knowing concealment of and active participation in the scheme.

    Boylan, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for defendants City Investing Co. 23-24.) Each of the Director Defendants is also a "controlling person" of GDC within the meaning of the 1934 Act for the period from September 1985 to March 1990, (Id.

    Posted in Activist Investors, Avigen (NASDAQ: AVGN), Biotechnology Value Fund, Net Cash Stocks, Stocks, tagged Activist investment, Avigen Inc (NASDAQ: AVGN), Biotechnology Value Fund, Liquidating Value, Net Cash Stock on March 24, 2009| Leave a Comment » Avigen Inc (NASDAQ: AVGN) has filed its assessment of the cash portion of the Medici Nova Inc (NASDAQ: MNOV) proposal.

    We’ve been following AVGN (see archived posts here) because it’s a net cash stock (i.e.

    .15 or

    Marbury Rainer, Jay Basham, Parker, Hudson, Rainer & Dobbs, Atlanta, GA, and James A. Dreyfuss, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, for defendant Stanchart Business Credit, Inc. Sparks Jr., Hughes, Hubbard & Reed, Miami, FL, and Norman C. (Id.) Simultaneously, they required GDC to borrow in excess of 0 million and remit it to City as a dividend (the "City Dividend"). 4(f), which sets the territorial limits within which service of process will be effected upon a party, states: [a]ll process other than a subpoena may be served anywhere within the territorial limits of the state in which the district court is held, and when authorized by statute of the United States or by these rules, beyond the territorial limits of that state.... This rule extends the district court's ability to obtain personal jurisdiction over a defendant beyond the boundaries of the state in which the district court sits by authorizing nationwide service of process by federal statutes or rules. at ¶ 262), and consequently decided to separate themselves from GDC. at ¶ 267.) According to plaintiffs, the City Defendants, with the assistance of Cravath, conceived a plan to extract over 0 million from GDC and simultaneously appear to separate themselves from GDC, while still retaining control over GDC and ensuring concealment of their participation in the fraudulent scheme. at ¶ 268.) The City Defendants and Cravath arranged for City to sell 62% of GDC stock to the public and retain 38% in City Trust for later distribution. The net cash estimate does not take into account AVGN’s AV411 assets and program, which could be worth considerably more, perhaps as much as M to M or between

    Metz, Deutsch & Frey, New York City, and William O'Brien, Glenn P. (Id.) The Inside Director Defendants are also categorized by plaintiffs as City Defendants and Director Defendants. The central concern is the "predictability and fairness of the court taking jurisdiction over the defendant." Giangola, 753 F. Liquidating Trust, Am Base Corp., Carteret Bancorp. at ¶ 320), and each gained additional knowledge by serving as members on various GDC committees. at ¶ 331.) The Audit Committee included Hatch (Chairman), Askew, Clark and Simons, and its principal function was to advise the Board on internal and external audit matters including the recommending of appointments of independent auditors. at ¶ 331(a).) The committee also reviewed with these auditors the financial statements, investigations and surveys prepared by the auditors, and it reviewed reports of GDC's Internal Audit Department. Bank's failure to require the full and accurate disclosure of material facts constituted a knowing concealment of and active participation in the scheme. Boylan, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for defendants City Investing Co. 23-24.) Each of the Director Defendants is also a "controlling person" of GDC within the meaning of the 1934 Act for the period from September 1985 to March 1990, (Id. Posted in Activist Investors, Avigen (NASDAQ: AVGN), Biotechnology Value Fund, Net Cash Stocks, Stocks, tagged Activist investment, Avigen Inc (NASDAQ: AVGN), Biotechnology Value Fund, Liquidating Value, Net Cash Stock on March 24, 2009| Leave a Comment » Avigen Inc (NASDAQ: AVGN) has filed its assessment of the cash portion of the Medici Nova Inc (NASDAQ: MNOV) proposal.We’ve been following AVGN (see archived posts here) because it’s a net cash stock (i.e.

    .15 or [[

    Marbury Rainer, Jay Basham, Parker, Hudson, Rainer & Dobbs, Atlanta, GA, and James A. Dreyfuss, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, for defendant Stanchart Business Credit, Inc. Sparks Jr., Hughes, Hubbard & Reed, Miami, FL, and Norman C. (Id.) Simultaneously, they required GDC to borrow in excess of $100 million and remit it to City as a dividend (the "City Dividend"). 4(f), which sets the territorial limits within which service of process will be effected upon a party, states: [a]ll process other than a subpoena may be served anywhere within the territorial limits of the state in which the district court is held, and when authorized by statute of the United States or by these rules, beyond the territorial limits of that state.... This rule extends the district court's ability to obtain personal jurisdiction over a defendant beyond the boundaries of the state in which the district court sits by authorizing nationwide service of process by federal statutes or rules. at ¶ 262), and consequently decided to separate themselves from GDC. at ¶ 267.) According to plaintiffs, the City Defendants, with the assistance of Cravath, conceived a plan to extract over $100 million from GDC and simultaneously appear to separate themselves from GDC, while still retaining control over GDC and ensuring concealment of their participation in the fraudulent scheme. at ¶ 268.) The City Defendants and Cravath arranged for City to sell 62% of GDC stock to the public and retain 38% in City Trust for later distribution. The net cash estimate does not take into account AVGN’s AV411 assets and program, which could be worth considerably more, perhaps as much as $5M to $20M or between $0.15 or $0.60 per share.

    ||

    Marbury Rainer, Jay Basham, Parker, Hudson, Rainer & Dobbs, Atlanta, GA, and James A. Dreyfuss, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, for defendant Stanchart Business Credit, Inc. Sparks Jr., Hughes, Hubbard & Reed, Miami, FL, and Norman C. (Id.) Simultaneously, they required GDC to borrow in excess of $100 million and remit it to City as a dividend (the "City Dividend"). 4(f), which sets the territorial limits within which service of process will be effected upon a party, states: [a]ll process other than a subpoena may be served anywhere within the territorial limits of the state in which the district court is held, and when authorized by statute of the United States or by these rules, beyond the territorial limits of that state.... This rule extends the district court's ability to obtain personal jurisdiction over a defendant beyond the boundaries of the state in which the district court sits by authorizing nationwide service of process by federal statutes or rules.

    at ¶ 262), and consequently decided to separate themselves from GDC. at ¶ 267.) According to plaintiffs, the City Defendants, with the assistance of Cravath, conceived a plan to extract over $100 million from GDC and simultaneously appear to separate themselves from GDC, while still retaining control over GDC and ensuring concealment of their participation in the fraudulent scheme. at ¶ 268.) The City Defendants and Cravath arranged for City to sell 62% of GDC stock to the public and retain 38% in City Trust for later distribution.

    The net cash estimate does not take into account AVGN’s AV411 assets and program, which could be worth considerably more, perhaps as much as $5M to $20M or between $0.15 or $0.60 per share.

    The text of AVGN’s press release is set out below: In filings with the Securities and Exchange Commission on March 10, 11 and 18, 2009, Avigen disclosed that it had assessed the cash portion of the Medici Nova proposal described in those filings at approximately $0.91.

    According to plaintiffs, they continued to control and conceal the fraudulent scheme until GDC's indictment in April 1990.

    Barber, Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, FL, and Joseph L. Duckstein, Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, Newark, NJ, for defendants Reubin O'D. Adler, Cole, Schotz, Bernstein, Meisel & Forman, Hackensack, NJ, for defendant First Nat. (Id.) According to plaintiffs, the City Defendants, GDC, the Director Defendants and Cravath knew the City Dividend Prospectus contained misrepresentations. at ¶ 283.) The Prospectus claimed that Fannie Mae's decision to cease purchasing GDC mortgages was due to a periodic change of purchase criteria — rather than admitting that the GDC's non-conforming appraisal methods never met Fannie Mae's standard. at ¶ 284(a).) The Prospectus failed to disclose that since it had not changed its non-conforming appraisal method, the company was forced to sell its mortgages only through fraudulent practices or be excluded from the secondary mortgage market altogether. at ¶ 284(b).) Similarly, the prospectus did not reveal the deceptive practices GDC used to lure prospective purchasers to buy lots and houses and to entice owners to "upgrade" to another lot or house, that 50% of purchasers defaulted within 2 years or that their lots were recycled. at ¶ 284(c).) Plaintiffs allege that the Inside Director Defendants, with the assistance of Cravath and Ormsby, caused GDC's subsequent financial statements to be issued with materially false and misleading statements. at ¶¶ 285, 295.) GDC's 1985, 19 Form 10-Ks failed to provide the information that also had been previously concealed in the City Dividend Prospectus. at ¶¶ 286-93.) According to plaintiffs, each of the City Defendants materially aided GDC's fraud by allowing GDC to use its name in connection with sales presentations and documentations, thereby enhancing GDC's reputation in the public eye. at ¶ 294.) When City sold GDC, City and the Inside Director Defendants earned almost $200 million — $100 million from the sale of 62% of GDC to the public (netting City $62 million and allowing City to place a value of $38 million on the GDC stock it retained for further distribution in 1986), plus $100 million from the City Dividend. at ¶ 296A.) At the same time, the Inside Director Defendants retained control of the GDC board pursuant to the Amended Certificate of Incorporation.

    Ormsby also acted as GDC's secretary from 1985-1988. The Court wrote, [W]hile it is true that an aider and abettor of a criminal violation of any provision of the 1934 Act, including § 10(b), violates 18 U. We have been quite reluctant to infer a private right of action from a criminal prohibition alone....

    ]].60 per share.

    .60 per share.

    [[

    Metz, Deutsch & Frey, New York City, and William O'Brien, Glenn P. (Id.) The Inside Director Defendants are also categorized by plaintiffs as City Defendants and Director Defendants. The central concern is the "predictability and fairness of the court taking jurisdiction over the defendant." Giangola, 753 F.

    Liquidating Trust, Am Base Corp., Carteret Bancorp. at ¶ 320), and each gained additional knowledge by serving as members on various GDC committees. at ¶ 331.) The Audit Committee included Hatch (Chairman), Askew, Clark and Simons, and its principal function was to advise the Board on internal and external audit matters including the recommending of appointments of independent auditors. at ¶ 331(a).) The committee also reviewed with these auditors the financial statements, investigations and surveys prepared by the auditors, and it reviewed reports of GDC's Internal Audit Department. Bank's failure to require the full and accurate disclosure of material facts constituted a knowing concealment of and active participation in the scheme.

    Boylan, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for defendants City Investing Co. 23-24.) Each of the Director Defendants is also a "controlling person" of GDC within the meaning of the 1934 Act for the period from September 1985 to March 1990, (Id.

    Posted in Activist Investors, Avigen (NASDAQ: AVGN), Biotechnology Value Fund, Net Cash Stocks, Stocks, tagged Activist investment, Avigen Inc (NASDAQ: AVGN), Biotechnology Value Fund, Liquidating Value, Net Cash Stock on March 24, 2009| Leave a Comment » Avigen Inc (NASDAQ: AVGN) has filed its assessment of the cash portion of the Medici Nova Inc (NASDAQ: MNOV) proposal.

    We’ve been following AVGN (see archived posts here) because it’s a net cash stock (i.e.

    ||

    Metz, Deutsch & Frey, New York City, and William O'Brien, Glenn P. (Id.) The Inside Director Defendants are also categorized by plaintiffs as City Defendants and Director Defendants. The central concern is the "predictability and fairness of the court taking jurisdiction over the defendant." Giangola, 753 F. Liquidating Trust, Am Base Corp., Carteret Bancorp. at ¶ 320), and each gained additional knowledge by serving as members on various GDC committees. at ¶ 331.) The Audit Committee included Hatch (Chairman), Askew, Clark and Simons, and its principal function was to advise the Board on internal and external audit matters including the recommending of appointments of independent auditors. at ¶ 331(a).) The committee also reviewed with these auditors the financial statements, investigations and surveys prepared by the auditors, and it reviewed reports of GDC's Internal Audit Department. Bank's failure to require the full and accurate disclosure of material facts constituted a knowing concealment of and active participation in the scheme. Boylan, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for defendants City Investing Co. 23-24.) Each of the Director Defendants is also a "controlling person" of GDC within the meaning of the 1934 Act for the period from September 1985 to March 1990, (Id. Posted in Activist Investors, Avigen (NASDAQ: AVGN), Biotechnology Value Fund, Net Cash Stocks, Stocks, tagged Activist investment, Avigen Inc (NASDAQ: AVGN), Biotechnology Value Fund, Liquidating Value, Net Cash Stock on March 24, 2009| Leave a Comment » Avigen Inc (NASDAQ: AVGN) has filed its assessment of the cash portion of the Medici Nova Inc (NASDAQ: MNOV) proposal.We’ve been following AVGN (see archived posts here) because it’s a net cash stock (i.e.

    ]]

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