A class action has been filed against Textainer Partnerships, (XXFFA.PK), certain of its officers and directors by stockholders who purchased the company's common stock between March 22, 2005 and March 22, 2005. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
According to a press release dated March 22, 2005, the Complaint charges defendants with violations of the federal securities laws, specifically Section 14(a) of the Securities Exchange Act of 1934 and Rule 14a-9 promulgated thereunder. The Complaint alleges that the defendants have issued materially misleading proxy statements (the "Proxy Statements") to the limited partners of the Textainer Partnerships requesting that the limited partners grant proxies to be voted in favor of the Sale and related proposals. In the action, the plaintiff alleges that (1) the Proxy Statements failed to appropriately disclose that the prices at which the assets of the Partnerships were to be sold were materially lower than current market conditions would dictate; (2) the Proxy Statements omitted to state that there was a risk that the Partnership's Assets were being sold at a value below the market because Textainer Financial and its affiliates had required any bidder agree Textainer Equipment Management Limited be retained to manage the assets of the Partnerships after they were sold, a condition which effectively eliminated other container leasing companies from the bidding process or artificially capped the amount that they would bid; adjustments made to the pricing of the Sale did not account for the increasing value of containers; and (3) the Proxy Statements omitted to state other material facts that an investor would consider important in deciding whether to grant their proxies to be voted in favor of the Sale and the related proposals.
The securities class action lawsuit was brought against Textainer Financial Services Corporation ("Textainer Financial"), Textainer Equipment Management Limited, Textainer Limited, Textainer Capital Corporation, Textainer Group Holdings Limited, John A. Maccarone, and RFH, Ltd.
The action was brought on behalf of all persons (the "Class") who held limited partnership interests in TCC Equipment Income Fund, a California Limited Partnership, Textainer Equipment Income Fund II, L.P., Textainer Equipment Income Fund III, L.P., Textainer Equipment Income Fund IV, L.P., Textainer Equipment Income Fund V, L.P., and Textainer Equipment Income Fund VI, L.P. (collectively, the "Textainer Partnerships") on January 20, 2005, and their assignees and other successors in interest. The Textainer Partnerships purchase, own, operate, lease and sell steel cargo containers used by international shipping lines, and are currently the subject of a proposal to sell all of their assets to defendant RFH, Ltd. (the "Sale").
If you bought Textainer Partnerships securities between March 22, 2005 and March 22, 2005, inclusive, and would like to obtain information about the lawsuit, then you are invited to call (866) 467-1400 to speak with an attorney.