50-OFF STORES, INC. ANNOUNCES LAWSUIT AGAINST DEFAULTING STOCK PURCHASERS.SAN ANTONIO--(BUSINESS WIRE)--March 31, 1995--San Antonio based off-price retailer 50-OFF Stores, Inc. reported the recent filing of a lawsuit (50-OFF Stores, Inc. vs. Banque Paribas (Suisse) S.A., Betafid, S.A., Yanni Koutsoubos, Andalucian Villas (Forty Eight) Limited, Arnass Limited, Brocimast Enterprises Ltd., Dennis Morris, Howard White Howard White (born 1945 in Abbotsford, British Columbia) is an award-winning Canadian writer, editor and publisher. In the early 1970s, he founded the Raincoast Chronicles and Harbour Publishing. , and Morris & Associates, Cause No. SA-95-CA-0159) in United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in San Antonio San Antonio (săn ăntō`nēō, əntōn`), city (1990 pop. 935,933), seat of Bexar co., S central Tex., at the source of the San Antonio River; inc. 1837. against defaulting foreign purchasers in an international offering by the company under Regulation S as promulgated prom·ul·gate tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates 1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce. 2. by the Securities and Exchange Commission under the Securities Act of 1933, as amended. A Regulation S offering of up to 2,000,000 shares of Common Stock was commenced by the company in October 1994 with the assistance of Jefferies International, Ltd. as its selling agent. Two foreign institutional investors did purchase an aggregate of 310,000 shares in such offering in November 1994. The company filed the lawsuit against Banque Paribas (Suisse) S.A., Betafid S.A., three offshore purchaser entities believed to be controlled by them and certain affiliated individuals in connection with the breach by certain of the defendants of their contractual obligation to purchase an aggregate of 1,500,000 shares of the company's Common Stock at $3.65 per share pursuant to November 1994 signed purchase agreements. The lawsuit also includes securities fraud, fraud and conversion claims. The conversion claim relates to actions of the defendants in misappropriating and removing the shares from an escrow account with the purchasers' Toronto attorney, Morris & Associates, even though the defendants have never paid for such shares. The shares had been issued into such escrow account for the purposes of authentication (1) Verifying the integrity of a transmitted message. See message integrity, e-mail authentication and MAC. (2) Verifying the identity of a user logging into a network. by Chase Manhattan Bank The Chase Manhattan Bank, now part of JPMorgan Chase, was formed by the merger of the Chase National Bank and the Bank of the Manhattan Company in 1955. The bank is headquartered in New York City. , N.A. on behalf of the purchasers and eventual release to the purchasers upon receipt by Morris & Associates of the proceeds for the shares on behalf of the company. The defendants to date have not responded to the company's demands for either the return of such shares or the agreed upon Adj. 1. agreed upon - constituted or contracted by stipulation or agreement; "stipulatory obligations" stipulatory noncontroversial, uncontroversial - not likely to arouse controversy proceeds. The lawsuit has only recently been filed and discovery has not commenced. The company intends to vigorously prosecute such matter and to pursue all available avenues to obtain all appropriate remedies, including either the agreed upon proceeds for the shares, or the shares themselves, as well as the company's actual and punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. . CONTACT: 50-OFF Stores, Inc. Charles M. Siegel, 210/805-9300. |
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