San Diego, CA -- (SBWIRE) -- 05/15/2012 -- A deadline is coming up on May 28, 2012 in the lawsuit filed for investors in NYSE:DYN shares against Dynegy Inc. over alleged securities laws violations.
Investors with a substantial investment in NYSE: DYN shares between September 2, 2011 and March 9, 2012, should get active before the Deadline that is coming up on May 28, 2012, and should contact the Shareholders Foundation at mail(at)shareholdersfoundation.com or call +1(858) 779 - 1554.
According to the complaint filed in the U.S. District Court for the Southern District of New York the plaintiff alleges on behalf of all persons who purchased Dynegy Inc. (NYSE:DYN) common stock between September 2, 2011 and March 9, 2012, that Dynegy Inc. and certain of its officers violated the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
Specifically, the plaintiff alleges that defendants knew or recklessly failed to inform investors that Dynegy's wholly-owned subsidiary fraudulently transferred direct ownership in one of Dynegy's indirectly owned subsidiaries directly to Dynegy.
In August 2011 Dynegy Inc. (NYSE: DYN) announced that completed an internal restructuring and closed $1.7 Billion Refinancing. Dynegy said the overall liquidity as of August 5, 2011 was at approximately $1.0 billion.
Then on September 2, 2011, Dynegy Inc. (NYSE: DYN) announced that it has acquired direct ownership of Dynegy Coal Holdco, LLC, the indirect parent of Dynegy 's subsidiary Dynegy Midwest Generation, LLC. Dynegy Inc. said that as announced in August 2011, Dynegy Inc. established Dynegy Midwest Generation, LLC as part of an internal restructuring designed to increase flexibility and optimize asset value by creating separate coal-fueled and gas-fueled power generation units, for which $1.7 billion in stand alone first lien financings were obtained. Dynegy Inc. said the transfer of Dynegy Coal Holdco, LLC will help Dynegy Inc. delever its consolidated balance sheet by facilitating one or more potential transactions, which are currently under consideration by the Finance and Restructuring Committee of the Board. These potential transactions include exchanges of some or all of Dynegy Holdings' outstanding $3.5 billion in notes for new notes and/or cash.
On Dec 01, 2011, Dynegy Inc. (NYSE: DYN) announced that Dynegy Inc. and Dynegy Holdings, LLC file proposed Chapter 11 Plan of reorganization for Dynegy Holdings, LLC
Then on March 9, 2012, the Chapter 11 examiner in the bankruptcy cases of Dynegy Holdings, LLC and its debtor affiliates issued a \report. In the executive summary the examiner said, among other things, that he concluded that the conveyance of Dynegy Midwest Generation, LLC to Dynegy Inc. was an actual fraudulent transfer and, assuming that Dynegy Holdings was insolvent on the date of the transfer (approximately two months before the bankruptcy filing), a constructive fraudulent transfer, and a breach of fiduciary duty by the board of directors of Dynegy Holdings.
The examiner said that “Dynegy Inc., through its board of directors, used its power to control the affairs of Dynegy Holdings—an insolvent subsidiary whose property should have been maximized, or at least safeguarded, for the benefit of Dynegy Holding’s creditors—to disadvantage Dynegy Holdings for the benefit of Dynegy Inc. The examiner claims that “Throughout the planning and execution of the Prepetition Restructuring, the Dynegy Inc. board favored paths that benefited Dynegy Inc. and its stockholders to the detriment of Dynegy Holdings and its creditors.
Shares of Dynegy Inc. (NYSE:DYN) fell from as high as $5.56 on September 15, 2011 to as low as $0.32 per share on April 25, 2012.
On May 14, 2012, NYSE:DYN shares closed at $0.46 per share.
Those who purchased shares of Dynegy Inc. (NYSE:DYN) common stock have certain options and should contact the Shareholders Foundation.
Shareholders Foundation, Inc.
3111 Camino Del Rio North - Suite 423
92108 San Diego