Capital Bank Financial Corp ("Capital Bank") is a holding company for a regional bank headquartered in Charlotte, North Carolina.

According to the Complaint, on May 4, 2017, Capital Bank issued a press release announcing it had entered into an Agreement and Plan of Merger with First Horizon.

On June 29, 2017, First Horizon and Capital Bank filed a Registration Statement on Form S-4 with the SEC. The Complaint alleges the Registration Statement, which recommends that Capital Bank stockholders vote in favor of the Proposed Transaction, omits or misrepresents material information concerning, among other things: (i) the Company's and First Horizon's financial projections, utilized by one of the Company's financial advisors, Sandler O'Neill & Partners LLC ("Sandler"), in its financial analyses; (ii) the valuation analyses prepared by Sandler in connection with the rendering of its fairness opinion; and (iii) the background process leading up to the Proposed Transaction.

On August 11, 2017, the Court issued an Order consolidating cases. On August 24, this case was voluntarily dismissed as moot.