Lionsgate Oct. 28 filed a lawsuit versus Carl Icahn, alleging the activist person duped the mini-major for individual obtain when he denounced earlier endeavours with the studio to forge a merger with fiscally challenged studio Metro-Goldwyn-Mayer.
The suit, filed in ny area Court, promises that Icahn, by means of sensitive provides to shareholders, proxy filings and local community statements, undermined endeavours by Lionsgate to acquire a stake in MGM so he could quietly acquire raising shares in the famed studio’s $4 billion in debt. The complaint names Icahn’s son, Brett, like a co-defendant.
“Now, finding obtained significant holdings in the two MGM credit worthiness debt and Lionsgate shares, [Icahn] is aggressively marketing a merger in between Lionsgate and MGM,” research the complaint.
Indeed, the person has pledged to acquire an additional $1.6 billion of MGM’s credit worthiness debt once the studio’s shareholders Oct. 29 vote versus a proposed pre-packaged bankruptcy tactic spearheaded by minority stakeholder Spyglass Entertainment. Icahn is supporting a separate merger tactic proposed by Lionsgate, which the studio says would preserve MGM $100 million annually in costs.
The meet promises that in March when Lionsgate and MGM experienced been in serious discussions, Icahn publicly mocked the proposed union as “tying two one-legged grownup males together,” and referred to since it “delusional.” The merger talks sooner or afterwards fell through. At exactly the exact same time, Icahn accelerated his stake in Lionsgate from 19% to 33%.
“Millions of Lionsgate shares experienced been tendered in to the Icahn [tender] provide on that basis,” research the complaint. “But it absolutely was not true. Icahn was in actuality privately preparing to orchestrate an MGM transaction for his individual benefit.”
Lionsgate seeks undisclosed monetary damages, a local community correction of “material” misstatements, and rescinding all standard shares obtained quickly after March 1, 2010.
Icahn consists of a history of buying troubled companies’ credit worthiness debt after which leveraging that stake for potential control. all through the weeks major as drastically as Blockbuster’s bankruptcy, Icahn quietly obtained a 3rd of its senior credit worthiness debt (after dumping the majority of his shares all through the rental company) after which aided push by means of the pre-packaged filing.
A representative from Icahn’s institution was not immediately supplied for comment.