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Case Status:    DISMISSED  
—On or around 04/14/2016 (Court's order of dismissal)
Current/Last Presiding Judge:  
Hon. Roslyn O Silver

Filing Date: April 08, 2013

Cole Holdings Corporation is an American real estate investment management services company.

According to the Complaint, the Merger was announced on March 6, 2013, and under the terms of the Agreement and Plan of Merger ("Merger Agreement") Cole Credit Property Trust III ("CCPT III") would pay over one hundred million dollars to “acquire” Cole Holdings and its subsidiaries including Cole Advisors, an entity that is managed and operated by the very same individuals who manage and operate CCPT III.

The Complaint alleges that this action arises out of Defendants’ filing and dissemination of materially false and misleading proxy solicitation materials (the “Proxy Statements”). The preparation and dissemination of the false and misleading Proxy Statements was intended to induce shareholder action which would result in substantial harm to Plaintiff and the Company’s other shareholders. Moreover, the dissemination of these false and misleading Proxy Statements was in violation of §§ 14(a) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 14a-9 promulgated thereunder.

The Complaint further alleges that the Proxy misrepresented and/or omitted material information about the true value of the Company and the Merger, the closing of which was a prerequisite to the Charter Amendments and further misrepresented the impact of the Charter Amendment.

On June 7, 2013, Plaintiff filed an amended Complaint. On October 23, the Court issued an Order consolidating cases and appointing Lead Plaintiff and Counsel. Defendants filed a Motion to Dismiss the amended Complaint on January 10, 2014. On July 30, 2014, the Court issued an Order denying Defendants' Motion to Dismiss.

On April 14, 2016, the Court dismissed the case with prejudice.

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