Ameriana Bancorp is a holding company for community and commercial banks in Indiana.

According to the Complaint, on June 29, 2015, First Merchants and the Company announced that they had entered into a definitive agreement (the “Merger Agreement”) whereby Ameriana will merge with and into First Merchants, and Ameriana’s wholly owned bank subsidiary, Ameriana Bank, will merge with and into First Merchants Bank, NA (the “Proposed Transaction”).

The Complaint alleges on August 26, 2015, the Company, with First Merchants, filed a Registration Statement on Form S-4 (the “Registration Statement”) with the SEC relating to the Proposed Transaction. The Registration Statement fails to provide the Company’s shareholders with material information and also provides them with materially misleading information, thereby rendering the public shareholders unable to make an informed decision whether to vote in favor of the Proposed Transaction.

This case was voluntarily dismissed on December 3, 2015.