If you purchased shares of Dynegy Inc. (NYSE:DYN) common stock between September 2, 2011 and March 9, 2012, you have certain options and there are strict and short deadlines running. Deadline: May 28, 2012. NYSE:DYN stockholders should contact the Shareholders Foundation at firstname.lastname@example.org or call +1(858) 779 - 1554.
According to the complaint 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.
Dynegy’s annual revenue fell from $3.32billion in 2008 to $1.58billion in 2011 and its Net Income of $174million in 2008 turned into a Net Loss of $1.64billion in 2011.
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 2010, Dynegy Inc. (NYSE:DYN) announced that it has entered into a merger agreement pursuant to which it will be acquired by an affiliate of The Blackstone Group L.P. (NYSE:BX) in a transaction valued at approximately $4.7 billion, including the assumption of existing debt. Under the terms of the merger agreement, Dynegy stockholders ere supposed to receive $4.50 in cash for each outstanding share of Dynegy common stock they own.
In October 2010, Carl Icahn became the largest stakeholder in Dynegy Inc, with almost 10% of NYSE:DYN outstanding shares. He reportedly said the offer by Blackstone Group was not enough. In mid-November 2010, Dynegy Inc. announced that its Board of Directors approved an amendment to the previously announced merger agreement providing for the acquisition of Dynegy Inc by Denali Parent Inc., an affiliate of The Blackstone Group. Under the terms of the amended agreement, the merger consideration was increased to $5.00 in cash per share. However, in late November Blackstone Group and Dynegy Inc. announced the termination of their merger agreement following the shareholder meeting. Then in December 2010, Dynegy Inc. (NYSE: DYN) announced that its Board of Directors approved an agreement to be acquired by Icahn Enterprises LP (NYSE: IEP) in a tender offer followed by a merger for $5.50 per share in cash. However, in February 2011, Dynegy Inc. (NYSE: DYN) announced that an insufficient number of shares were tendered in response to the Icahn Enterprises L.P. tender offer, and as a result the merger agreement with an affiliate of Icahn Enterprises L.P. automatically terminated on February 18, 2011.
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 $6.64 per share on July 13, 2011 to as low as $0.49 per share on March 12, 2012 and closed on Wednesday, March 28, 2012 at $0.68 per share.
Friday, March 30, 2012 at $0.56 per share.
Those who purchased shares of Dynegy Inc. (NYSE:DYN) common stock have certain options and for certain NYSE:DYN stockholders there are strict and short deadlines running. Deadline: May 28, 2012. NYSE:DYN stockholders should contact the Shareholders Foundation.