Other actions have been filed making similar allegations regarding the IPOs of more than 300 other companies. All of these have been coordinated for pretrial purposes as In re Initial Public Offering Securities Litigation, Civil Action No. 21-MC-92.
According to a Press Release dated November 27, 2001, the complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On or about June 29, 2000, EXFO commenced a public offering of 7,000,000 of its shares of common stock at an offering price of $26 per share (the "Offering"). EXFO filed a registration statement with the SEC in connection with the Offering, which incorporated a prospectus (the "Prospectus"). The complaint further alleges that the Prospectus was materially false and misleading because it failed to disclose, among other things, that: (i) the Underwriter Defendants had solicited and received excessive and undisclosed commissions from certain investors in exchange for which the Underwriter Defendants allocated to those investors material portions of the restricted number of EXFO shares issued in connection with the Offering; and (ii) the Underwriter Defendants had entered into agreements with customers whereby they agreed to allocate EXFO shares to those customers in the Offering in exchange for which the customers agreed to purchase additional EXFO shares in the aftermarket at pre-determined prices.