Case 2:13-cv-02607-SVW-E Document 50-1 Filed 09/09/13 Page ...securities.stanford.edu/filings-documents/1050/XIDE00_02/201399_r02… · Case 2:13-cv-02607-SVW-E Document 50-1 Filed

Case 2:13-cv-02607-SVW-E Document 50-1 Filed 09/09/13 Page 1 of 12 Page ID #:677

1 Defendants had the power to influence and control and did, directly or indirectly, I 2

influence and control the decision making of the Company, including the content andl 3

4 dissemination of the various statements which Plaintiffs contends were false

5 misleading. The Individual Defendants were provided with or had unlimited access to

6 the Company's internal reports, press releases, public filings, and other statementsi

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8 alleged by Plaintiffs to be misleading prior to or shortly after these statements were

9 issued, and had the ability to prevent the issuance of the statements or cause them to

10 be corrected.

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12 339. In particular, the Individual Defendants had direct involvement in

13 responsibility over the day-to-day operations of the Company and/or signed

14 documents filed with the SEC over which and, therefore, are presumed to have had the

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16 power to control or influence the particular transactions giving rise to the securities

17 violations as alleged herein.

18 340. By reason of such wrongful conduct, the Individual Defendants are liable

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20 pursuant to §20(a) of the Exchange Act. As a direct and proximate result of

21 Individual Defendants' wrongful conduct, Plaintiffs and the other members of the

22 Class suffered damages in connection with their purchases of the Company's common

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24 stock and notes during the Class Period.

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PRAYER FOR RELIEF

26 WHEREFORE, Plaintiffs, on behalf of himself and the Class, pray

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28 judgment follows:

178 CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS MASTER FILE NO. 2:1 3-cv-02607-SVW-E


A. Determining that this action is a proper class action, designating plaintiffs

as Lead Plaintiffs and certifying Plaintiffs as class representatives under Rule 23

Federal Rules of Civil Procedure and Plaintiffs counsel as Lead Counsel;

B. Awarding compensatory damages in favor of Plaintiffs and the

Class members against all Defendants, jointly and severally, for all damages sustained

as result of Defendants' wrongdoing, in an amount to be proven at trial, including

interest thereon;

C. Awarding Plaintiffs and the Class their reasonable costs and expenses

incurred in this action, including counsel fees and expert fees; and

D. Awarding such other and further relief as the Court may deem just and

proper.

JURY TRIAL DEMANDED

Plaintiffs hereby demand a trial by jury.

Dated: September 9, 2013

4ertreen GREEN & NOBLIN, P.C. 700 Larkspur Landing Circle, Suite 275 Larkspur, California 94939 Tel: (415) 477-6700 Fax: (415) 477-6710 -and- 4500 East Pacific Coast Highway Fourth Floor Long Beach, CA 90804 Tel: (562) 391-2487 [email protected]

Liaison Counsel for Plaintiffs

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179 CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS MASTER FILE NO. 2:1 3-cv-02607-SVW-E


1

William B. Federman

2 (admitted Pro Hac Vice)

FEDERMAN & SHERWOOD 3

10205 North Pennsylvania Avenue

4 Oklahoma City, Oklahoma 73120

Telephone: (405) 235-1560 Facsimile: (405) 239-2112

6 [email protected]

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Lead Counsel for Plaintiffs

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180 CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS MASTER FILE NO. 2:13-cv-02607-SVW-E


EXHIBIT 1

Case 2:13-cv-02607-SVW-E Document 50-1 Filed 09/09/13 Page 5 of 12 Page ID #:681 Bond - Morningstar Page 1 of 1

EXIDE TECHNOLOGIES -ADD TOWATCHL1ST

Coupon Rate Maturity Date Symbol CUSIP Next Call Date Callable

8.625 02/01/2018 XIDE.AC 302051AQ0 02/01/2015 Yes

Last Trade Price Last Trade Yield Last Trade Date US Treasury

$65.00 .000% 08/15/2013 Yield

Trade History

Price/Yield Chart Classification Elements

rprice Chart Yield Chart Bond Type US Corporate Debentures

01/0112013 - 0811612013 Zoom: 50 iN 3M YTQ 1Y 3Y SY 10Y Max Debt Type Note

Price Industry Group Industrial

$ Industry Sub Group Manufacturing vrice

Sub-Product Asset CORP

Sub-Product Asset Type Corporate Bond

81.00 ---------------- --------------------------------------------

State -

Use of Proceeds -

Security Code -

72.60 ---------------------------------------------------- - ----

Special Characteristics

Medium Term Note N

63.00

Issue Elements

----------------------------------------- ----------------- ---------- S4P0 Offering Date 08/15/2011

01/2013 03/2013 65/2013 07/2013 - ----------------- ----------------------------

- - - - Dated Date 08/01/2011

First Coupon Date 02/01/2012

Original Offering $674,450.00 Credit and Rating Elements

Amount Outstanding* $674,450.00

Moody's Rating WR (06/11/2013) Series -

Standard & Poor 's Rating D (06/11/2013) Issue Description -

Fitch Rating - Project Name -

TRACE Grade High Yield Payment Frequency Semi Annual

Default - Day Count 30/360

Bankruptcy v Form Book Entry

Insurance - Depository/Registration Depository Trust

Mortgage Insurer - Company

Pre-Refunded/ Escrowed - Security Level Senior Secured

Additional Description Note Collateral Pledge - - -

Capital Purpose -

"dollar amount in thousands

Put & Redemption Provisions

Call Date Call Price Call Frequency

02/01/2015 $104.31 Continuously

Put Date Put Price Put Frequency

Bond Elements

Original Maturity Size- 674,450.00

Amount Outstanding 674,450.00 Size*

Yield at Offering -

Price at Offering -

Coupon Type Fixed

Escrow Type - - -

*dollar amount in thousands

http ://quotes.morningstar.comlbondquote/quote.action?productcodezrqs&qs_qt_module=3.... 8/16/2013


Bond - Morningstar Page 1 of 1

EXIDE TECHNOLOGIES I +ADOTQ WATCH LIST

Coupon Rate Maturity Date Symbol CUSIP Next Call Date Callable

8.625 02/01/2018 XIDE.AC 30205 1AQO 02/01/2015 Yes

Last Trade Price Last Trade Yield Last Trade Date US Treasury

$65.00 .000% 08/15/2013 Yield

Trade History

Price/Yield Chart Classification Elements

r Price Chart Yield Chart . Bond Type US Corporate Debentures

:08,22,2011 -'08116120 1 3 Zoom: SD SM 311 YTD 1Y 3_Y 5Y iSV Max Debt Type Note

Price Industry Group Industrial

- - --priej Industry Sub Group Manufacturing

Sub-Product Asset CORP

Sub-Product Asset Corporate orate Bond - •: 100.00 ---------------------- ---------

- State -

Use of Proceeds

Security Code

8000

Special Characteristics

V Medium Term Note N

.60.0. 0

Issue Elements

-- ------------------------ Offering Date 08/15/2011 02/2012 08/2012 02/2053 0812013 ---------------------------- ________

Dated Date 08/01/2011

First Coupon Date -- 02/01/2012

Original Offering- $674,450.00 Credit and Rating Elements - - - - - - - -

Amount Outstanding $674,450.00

Moody's Rating WR (06/11/2013) Series - - -

Standard & Poor 's Rating 0 (06/11/2013) Issue Description -

Fitch Rating - Project Name -

TRACE Grade High Yield Payment Frequency Semi Annual

Default - Day Count 30/360

Bankruptcy '' Form Book Entry

Insurance - Depository/Registration Depository Trust

Mortgage Insurer - - - - Company

Pre-Refunded/Escrowed - Security Level - - - Senior Secured

Additional Description Note Collateral Pledge - - -

Capital Purpose -

xdoila, amount 15 thousands Put & Redemption Provisions

Call Date Call Price Call Frequency

02/01/2015 $104.31 Continuously

Put Date Put Price Put Frequency

Bond Elements

Original Maturity Size* 674,450.00

Amount Outstanding 674,450.00 Size -

Yield at Offering -

Price at Offering -

Coupon Type Fixed

Escrow Type -

*dollar amount in thousands

http://quotes.momingstar.comlbondquote/quote.action?productcode=qs&qs_qt_module=3 ... 8/16/2013


Plaintiffs Certification of Investment of Exide Technologies [NASDAQ: XIDE]

vnei - C- (.ois.e_ __ , hereby certify that the following information is true and correct to the best of my knowledge, information and belief:

1. I have reviewed the Complaint in this action and authorize the filing of this Certification as an exhibit to - the Complaint, or any substantively similar complaint or amended complaint to be filed in the future. I retain the

law office of Federman & Sherwood, and any other counsel with whom Federman & Sherwood deems appropriate to associate with, to pursue this action on my behalf on a contingency fee basis.

2. If chosen, I am willing to serve as a representative party on behalf of the class (the "Class"), either, individually or as part of a group on behalf of the Class as defined in the Complaint, including providing testimony at deposition or trial (if necessary). I am also willing to participate on an executive committee of shareholders.

3. I have made the following transaction(s) during the Class Period in Exide Technologies [NASDAQ: XIDE] securities (which are the subject of this action) as follows:

(continue list on blank piece of paper, if necessary)

4. I did not purchase these securities at the direction of my attorney or in order to participate in a lawsuit under the Securities Act of 1933 or the Securities Exchange Act of 1934.

5. During the 3-year period preceding the date of this Certification, I have not sought to serve, nor have I served, as a representative to any party or on behalf of any class in any action arising under the Securities Act of 1933 or the Securities Exchange Act of 1934.

6. I will not accept any payment if chosen to serve as a representative party on behalf of the Class beyond my pro rata share of an award to the Class, or as otherwise ordered and approved by the Court, except for such reasonable costs and expenses directly relating to my service as a representative of the Class and as ordered and approved by the Court.

Signed under penalty of perjury, under the laws of the United States of America, this ..f.. day of 2013.

REDACTED

cJ 1Stpr Signature Hdme Address

circ -o&- REDACTED Print Name City State Lip

REDACTED REDACTED Home I elephone Number E-Mail AddFess

REDACTED REDACTED LVc'dz .Oettlelephone Number w.4-'f ii/ofi 5 Secondary EmailAddiess (if any)

Return this comIeted form by e-mail or fax to: K. Lynn Nunn @ FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 (405) 235-1560/Fax (405) 239-2112 Email: klñfedernianIaw.com Website: www.federmanlaw.com


EXHIBIT I

Case 2:13-cv-02607-SVW-E

Document 50-1 Filed 09/09/13 Page 9 of 12

Page ID #:685

CERTIFICATION

The individual or institution listed below (the "Plaintiff') authorizes the Rosen Law Firm, P.A. to file an action or amend a current action under the federal securities laws to recover damages and to seek other relief against Exide Technologies ("X[DE"), its current and former officers, and others. The Rosen Law Firm, P.A. agrees to prosecute the action on a contingent fee basis not to exceed one-third of any recovery and will advance all costs and expenses. Any legal fees and expenses will be determined by, and payable, only upon order of the U.S. District Court.

Plaintiff declares, as to the claims asserted under the federal securities laws, that:

I. I have reviewed the complaint against XIDE and certain of its officers and directors and I retain the Rosen Law Firm, P.A. as counsel in this action for all purposes.

2. 1 did not engage in transactions in the securities that are the subject of this action at the direction of plaintiffs counsel or in order to participate in this or any other litigation under the securities laws of the United States.

3 1 am willing to serve as a lead plaintiff either individually or as part of a group A lead plaintiff is a representative party who acts on behalf of other class members in directing the action, and whose duties may include testifying at deposition and trial.

4 The following is a list of all of the purchases and sales I have made in XTDE securities during the Class Period set forth in the complaint. I have made no transactions during the class period in the securities that are the subject of this lawsuit except those set forth below.

Number of Date(sl Price Pd fle( .c,L-i Price rlr1

Shares Purchased Purchased Per Share (if applicable) Per Share or Sold 2 iOeç).O/L. A7 60_J j' $3 7So

$ $ $ $ $ ________ $ $

$

PLEASE FAX CERTIFICATION TO ROSEN LAW FIRM at (212) 202-3827 OR MAIL TO THE ROSEN LAW FIRM PA 275 MADISON AVENUE, 34th Floor NEW YORK, NY 10016


I Is I Is

5. I have not, within the three years preceding the date of this certification, sought to serve or served as a representative party on behalf of a class in an action involving alleged violations of the federal securities laws, except: for the following company(ies):

6. 1 will not accept any payment for serving as a representative party beyond my pro rata share of any recovery, except reasonable costs and expenses, such as travel expenses and lost wages directly related to the class representation, as ordered or approved by the court pursuant to law.

I declare under penalty of perjury that the foregoing is true and correct. Executed this / q day of _____ 2013.

Item. 4 (continue from prior page if needed)

Number of Date(s) Price Paid Date(s) Sold Price Sold * Shares Purchased Purchased Per Share (if applicable) Per Share or Sold

$ $

PLEASE FAX CERTIFICATION TO ROSEN LAW FIRM at (212) 202-3827

2 OR MAIL TO: THE ROSEN LAW FIRM PA 275 MADISON AVENUE, 34th Floor NEW YORK, NY 10016


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CERTIFICATE OF SERVICE

I, Ryan J. Sullivan, hereby declare as follows:

I am employed by Green & Noblin, P.C. 700 Larkspur Landing Circle, Suite 275, Larkspur, CA 94939. I am over the age of eighteen years and am not a party to this action. On September 9, 2013, I served the within document(s):

CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS

by placing the document(s) listed above for collection and mailing following the firm's ordinary business practice in a sealed envelope with postage thereon fully prepaid for deposit in the United States mail at Larkspur, California addressed as set forth below.

PLEASE SEE ATTACHED SERVICE LIST

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, execute4,.S5ptember 9, 2013, at Larkspur, California. A

J.fullivan

1 I CERTIFICATE OF SERVICE

MASTER FILE NO. 2:13-cv-02607-SVW-E


1

2, Solomon B Cera

3 Gold Bennett Cera and Sidener

4 595 Market Street Suite 2300 San Francisco, CA 94105-2835

5 415-777-2230

6 415-777-5189 (fax) [email protected]

7

8 Lionel Zevi Glancy Glancy Binkow and Goldberg LLP

9 1925 Century Park East Suite 2100

10 Los Angeles, CA 90067 310-201-9150

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310-201-9160 (fax)

12 [email protected]

13 Laurence M Rosen 14 The Rosen Law Firm PA

355 South Grand Avenue Suite 2450 15 Los Angeles, CA 90071 16 213-785-2610

213-226-4684 (fax) 17 [email protected] 18

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William B Federman Federman and Sherwood 10205 North Pennsylvania Avenue Oklahoma City, OK 73102 405-235-1560 405-239-2112 (fax) [email protected]

David H Kistenbroker Dechert LLP 77 West Wacker Drive Suite 3200 Chicago, IL 60601 312-646-5800 312-646-5858 (fax) [email protected]

Edwin V Woodsome, Jr Dechert LLP US Bank Tower 633 West Fifth Street 37th Floor Los Angeles, CA 90071-2103 213-808-5700 213-808-5760 (fax) [email protected]

SERVICE LIST

CERTIFICATE OF SERVICE

MASTER FILE NO. 2:13-cv-02607-SVW-E 2

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Documents

Case 2:13-cv-02607-SVW-E Document 50-1 Filed 09/09/13 Page ...securities.stanford.edu/filings-documents/1050/XIDE00_02/201399_r02… · Case 2:13-cv-02607-SVW-E Document 50-1 Filed