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Thursday, September 02, 2010 2:43:15 PM
Thursday, September 2, 2010 2:03 PM
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News for 'LBSR' - (Liberty Star Sued by Warrant Holders)
http://www.knobias.com/individual/public/quote.htm?ticker=LBSR
TUCSON, Ariz., Sep 02, 2010 (BUSINESS WIRE) -- Liberty Star Uranium & Metals
Corp. (OTCBB:LBSR) announces that on August 26, 2010, Platinum Long Term Growth
VI LLC and Alpha Capital Anstalt, two former lenders of the Company (the
"Plaintiffs"), filed lawsuit in the United States District Court, Southern
District of New York, against the Company and James Briscoe, (President and
CEO). The Plaintiffs are seeking to require the Company to honor outstanding
warrants held by the Plaintiffs at an exercise price of $0.002 (two tenths of
one cent) per share and to issue to the Plaintiffs ten times the number of
warrants that the Company has on record, or in the alternative money damages.
The claim is based on a provision in the warrant agreements that would permit a
"ratchet down" of price and a multiplication of number of warrants in the event
of certain share issuances by Liberty Star Uranium & Metals Corp.
The Plaintiffs are claiming that Platinum is entitled to 201,053,015 warrants
and that Alpha is entitled to 240,919,010 warrants all exercisable at $0.002 per
share. If the Plaintiffs are successful in their lawsuit, a total of 589,177,000
warrants would be outstanding at an exercise price of $0.002 to all warrant
holders who are former lenders to our company. These warrants all contain a
cashless exercise feature, permitting issuance of shares without payment of any
cash to the company. The Plaintiffs are also claiming money damages for
non-compliance with what they claim are the terms of the warrants, costs and
attorney fees incurred in the action.
Currently, there are 434,784,657 common shares of Liberty Star outstanding. If
the warrant holders are successful in their lawsuit, they and other warrant
holders could exercise warrants for over 55% of the company's equity at a price
of $0.002 per share. However, there are contractual limits on the percentage of
the company's outstanding common shares which any warrant holder can hold at the
time of exercise (i.e., not more than 9.99% of the company's outstanding
shares), so individually none of them could control the company through the
exercise of warrants.
We are vigorously defending against the lawsuit and have through our attorney
made an appearance in court. Our defense is, in part, that no "ratchet down"
provision is in effect. If we are successful on that defense alone that would
leave all former lender warrant holders with 58,917,700 warrants exercisable at
$0.02 (two cents) per share.
Declares James Briscoe, "This lawsuit makes no sense to me. Until this matter is
settled or decided by a court, we won't allow the exercise of any Plaintiffs'
warrants. If the Plaintiffs eventually win, the dilutive effect on the company
will likely seriously harm our share value, drastically reducing the value of
the Plaintiffs' warrants. We intend to use every defense possible to defeat
these claims."
For the board of directors,
"James A. Briscoe"
James
A. Briscoe, P. Geo.
President & CEO
Liberty Star Uranium & Metals Corp.
http://www.knobias.com/individual/public/quote.htm?ticker=LBSR
SAFE HARBOR STATEMENT
Statements in this news release that are not historical are forward-looking
statements. Forward-looking statements in this press include the likely effect
of the Plaintiffs winning their lawsuit harming our share value and reducing the
value of outstanding warrants, and that we intend to use every defense possible
to defeat the claims. Risks that may prevent our using every possible defense
include that we may not have sufficient resources to mount the best possible
defense. Readers are cautioned not to place reliance on forward-looking
statements.
SOURCE: Liberty Star Uranium & Metals Corp.
CONTACT:
Liberty Star Uranium & Metals Corp.
Tracy Myers
Investor Relations
520-731-8786
info@libertystaruranium.com
Copyright Business Wire 2010
-0-
KEYWORD: United States
North America
Arizona
INDUSTRY KEYWORD: Energy
Utilities
Natural Resources
Mining/Minerals
Environment
Nuclear
SUBJECT CODE: Lawsuit
Source: Comtext Market News
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