SOURCE: Dyer & Berens LLP
|
December 11, 2009 15:38 ET
Dyer & Berens LLP Files Class Action Lawsuit on Behalf of Canadian Superior Energy Inc. Investors; Announces Upcoming Investor Deadline -- SNG
DENVER, CO--(Marketwire - December 11, 2009) - Dyer & Berens LLP (www.DyerBerens.com) today
announced that it has filed a class action lawsuit in the United States
District Court for the Southern District of New York on behalf of
purchasers of the common stock of Canadian Superior Energy Inc. ("Canadian
Superior" or the "Company") (NYSE Amex: SNG) between January 14, 2008 and
February 17, 2009, inclusive (the "Class Period").
If you wish to serve as a lead plaintiff, you must move the court no later
than February 8, 2010. If you wish to discuss this action or have any
questions concerning this notice or your rights or interests, please
contact plaintiff's counsel, Jeffrey A. Berens, Esq., at (888)
300-3362, (303) 861-1764, Ext. 302, or via email at jeff@dyerberens.com.
Any member of the putative class may move the court to serve as lead
plaintiff through counsel of their choice, or may choose to do nothing and
remain an absent class member.
The complaint alleges that, throughout the Class Period, defendants failed
to disclose material adverse facts about the Company's true financial
condition, business and prospects. On August 16, 2007, Canadian Superior
and Challenger Energy jointly issued a press release announcing that BG
International Limited ("BG") entered into a farm-in agreement ("Farm-In
Agreement") and joint operating agreement ("Joint Operating Agreement")
with Canadian Superior to participate in the exploration drilling and
development of the Intrepid Block 5(c) (the "Joint Venture").
Specifically, the complaint alleges that defendants failed to disclose: (i)
that the discovered reserves for Intrepid Block 5(c) were below the
economic threshold for development; (ii) that Canadian Superior had
notified BG of its intention to commence a corporate sale in November 2008
so that it could overcome the financial constraints that were preventing it
from meeting its funding obligations under the Joint Operating Agreement;
(iii) that Canadian Superior had violated the terms of the Joint Operating
Agreement with BG, thus potentially endangering its interest in the Joint
Venture; (iv) that Canadian Superior failed to timely pay Maersk, the
drilling operator, and potentially other contractors, thereby jeopardizing
the operation of the Joint Venture; and (v) as a result of the foregoing,
defendants lacked a reasonable basis for their positive statements about
the Company, its prospects and earnings growth.
On February 12, 2009, Canadian Superior issued a press releasing announcing
the "appointment, upon the application of BG of an interim Receiver of its
participating interest in Intrepid Block 5(c). Pursuant to the Court
Order, the Receiver, in conjunction with BG, will operate the property and
conduct the flow testing of the Endeavour well which Canadian Superior
believes will validate its operations to date." In response to this
announcement, shares of the Company's stock fell $0.40 per share, or 44%,
from a close of $0.90 per share on February 11, 2009, the last trading date
before the announcement, to close at $0.50 per share, on extremely heavy
trading volume. Then, on February 17, 2009, Canadian Superior announced
that it had received a demand letter from the Canadian Western Bank for
repayment of all amounts outstanding under Canadian Superior's $45 million
credit facility with the bank by February 23, 2009. The Company also
announced that it was in discussions with alternative lenders. In response
to this announcement, shares of the Company's stock fell an additional 30%.
Plaintiff seeks to recover damages on behalf of Canadian Superior
investors. The plaintiff is represented by Dyer & Berens LLP, which has
expertise in prosecuting investor class actions involving financial fraud.
The firm's extensive experience in securities litigation, particularly in
cases brought under the Private Securities Litigation Reform Act, has
contributed to the recovery of hundreds of millions of dollars for
aggrieved investors. For more information about the firm, please go to
www.DyerBerens.com.