Notice is hereby given by the Law Office of Alfred G. Yates Jr., PC that
a class action has been filed in the United States District Court for
the District of Connecticut on behalf of all persons or entities who
purchased or otherwise acquired the securities of Terex Corporation
("Terex" or the "Company") (NYSE: TEX) during the period from February
20, 2008 through February 11, 2009, inclusive (the "Class Period") to
recover damages caused by defendants´ violations of the federal
securities laws.
The complaint alleges that defendants violated Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934. Specifically, the complaint
claims that defendants issued statements during the Class Period that
were materially false and misleading because they failed to disclose and
misrepresented the following material adverse facts, including that: (a)
defendants failed to properly and timely account for certain impaired
assets within the Company including in its "Construction" and
"Roadbuilding, Utility Products and Other" segments/units; (b) Terex was
experiencing declining demand for its products in its Construction,
Materials Processing and Aerial Work Platforms segments; (c) Terex´s
financial condition was weaker than represented; (d) Terex was not as
prepared and diversified as represented to withstand its significant
exposure to a weakening global credit market and economy; and (e) the
defendants lacked a reasonable basis for positive statements and
representations concerning Terex´s Fiscal Year ("FY") 2008 earnings
guidance and the Company´s overall business prospects.
On September 4, 2008, Terex disclosed both its: (a) updated FY 2008
financial guidance (which lowered earnings per share guidance); and (b)
adverse news concerning certain of the Company´s segments´ weakening
financial performances. These negative disclosures were followed by a
decline of 20%, or $9.30 a share in the price of Terex common stock.
On February 11, 2009, Terex announced its Fourth Quarter 2008 and FY
2008 results which included goodwill impairment charges that reduced net
income by a dramatic $4.60 a share for FY 2008. Following news of the
Company´s poor financial results and forecast, Terex stock fell $4.17 a
share to close at $9.45 a share on February 12, 2009.
Plaintiff seeks to recover damages on behalf of all purchasers of Terex
securities during the Class Period (the “Class”). If you are a member of
the proposed Class, you may move the court no later than February 19,
2010, to serve as a Lead Plaintiff for the Class. A Lead Plaintiff is a
representative chosen by the Court, who acts on behalf of other class
members in directing the litigation.
The Yates firm is also investigating actions on behalf of shareholders
for the following companies:
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COMPANY
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CLASS PERIOD
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Motorola, Inc.
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12/6/07 - 1/22/08
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(NYSE: MOT)
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State Street
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10/17/06 - 10/19/09
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(NYSE: STT)
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Stryker Corporation
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1/25/07 - 11/13/08
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(NYSE: SYK)
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Kohlberg Capital Corp.
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3/16/09 - 12/24/09
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(NASDAQ: KCAP)
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Bank of America
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9/15/08 - 1/22/09
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(NYSE: BAC)
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MetroPCS Communications, Inc.
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2/26/09 - 11/4/09
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(NYSE: PCS)
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NightHawk Radiology Holdings, Inc.
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4/10/07 - 2/13/08
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(NASDAQ: NHWK)
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If you purchased securities of any of the above companies during their
respective Class Periods and wish to discuss this action or have any
questions, please contact Alfred G. Yates Jr., Esquire at
1-800-391-5164, toll free, or at yateslaw@aol.com
by e-mail.
Law Office of Alfred G. Yates Jr., PC, Pittsburgh
Alfred G. Yates,
Jr., Esq., 800-391-5164 (toll free), 412-391-5164 (telephone)
412-471-1033
(facsimile)
email: yateslaw@aol.com