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Technology Stocks : XO Holdings, Inc. (XOHO - XO Communications)

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To: tech101 who wrote (501)5/13/2009 2:47:03 PM
From: tech101   of 615
 
On April 28, 2009, R2 Investments, LDC filed a complaint in the Supreme Court of the State of New York (New York County) naming individual members of the Company’s Board of Directors and certain entities controlled by Carl C. Icahn, the Chairman of the Company’s Board of Directors, as defendants and naming the Company as the nominal defendant in connection with derivative claims. The plaintiff alleges that the defendants breached fiduciary duties in connection with the financing transaction consummated in July 2008 and other related matters. The complaint seeks equitable relief as well as damages in an unspecified amount. The Company is reviewing the complaint and is consulting with its legal counsel. The effect of this case on the Company, if any, is not known at this time.

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