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Debenturers Allege that Bank of New York Had No Legal Basis for Compelling Redemption of Debentures |
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A class action lawsuit has been filed on behalf of all persons who on or about August 1, 2002, tendered for redemption their 8 1/4% Senior Debentures Due August 1, 2022, pursuant to a Notice of Redemption sent by The Bank of New York and dated July 1, 2002. The Debentures were originally issued in 1986 by Gulf + Western, Inc. and, at the time of the purported redemption, were the obligation of Viacom International, Inc.
The case is entitled James & Cindy Cox v. Viacom International, Inc. & The Bank of New York. This lawsuit was filed in the United States District Court for Oregon, 1000 SW Third Avenue, Portland, Oregon 97204. The case number is CV02-1598-KI.
The complaint charges The Bank of New York and Viacom with violations of Section 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The complaint alleges that defendants mailed the Notice of Redemption less than 30-days before the August 1, 2002 Redemption Date, a period shorter than the period required for redemption by the terms of the Debentures and their Indenture. Plaintiffs allege that the defendants had no legal basis for compelling redemption, but nevertheless, the Notice of Redemption sent to each Debenture-holder stated that the holder was required to tender the holder's Debenture for redemption on August 1, 2002. The complaint alleges these statements were false and the Debenture-holders had no legal obligation to tender their Debentures for redemption, but could have continued to hold their Debentures and to accrue interest at the rate of 8 1/4% per annum.
If you were an owner of these Debentures and sold or tendered back to Viacom these Debentures pursuant to the Redemption Notice purportedly sent on July 1, 2002, by The Bank of New York, you may make a claim in this case by contacting a lawyer toll free at 1-866-467-1400, or may make a claim on this page now.
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