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 Decmber 11, 2001, the complaint alleges that defendants violated 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 February 24, 2000, Carrier1 commenced an initial public offering of 9.375 million of its shares of common stock at an offering price of EURO 87 ($87.4176) or $17.4835 per ADS (the "Carrier1 IPO"). In connection therewith, Carrier1 filed a registration statement, which incorporated a prospectus (the "Prospectus"), with the SEC. The complaint further alleges that the Prospectus was materially false and misleading because it failed to disclose, among other things, that: (i) the Underwriters had solicited and received excessive and undisclosed commissions from certain investors in exchange for which the Underwriters allocated to those investors material portions of the restricted number of Carrier1 shares issued in connection with the Carrier1 IPO; and (ii) the Underwriters had entered into agreements with customers whereby the Underwriters agreed to allocate Carrier1 shares to those customers in the Carrier1 IPO in exchange for which the customers agreed to purchase additional Carrier1 shares in the aftermarket at pre-determined prices.