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BBC CAPITAL MARKETS v CARVER BANCORP Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 17,564, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, Plaintiff: BBC CAPITAL MARKETS, State: DE Delaware, UniqueCaseRef: DE>CC>00017564, Carver, Common Stock, Stockholders, Complaint, Second Sentence, Paragraph, Responsive Pleading, Plaintiff Bbcm, Order Pursuant, Del, Lists, Hereby, Defendant Denies, Defendant Admits, Boston, Laws, Massachusetts, Shares, York, Trading, Price, Directors, Chancery, Delaware, Defendant Carver Bancorp, Undersigned Counsel, Defendant Denies Theallegations, Truth, Falsity, Third Sentences, Fully Set, Trading Price, Annual Meeting, Hereby Certify, Requiring Carver, Convene, Purpose , ContentID: 120240637

Case Documents
1 1999-11-30 ANSWER
[ see first page and extracted highlights below  ] ItemID: 101625
4 pages
PDF
2 1999-11-09 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 103599
4 pages
PDF
Total Documents: 2 documents , 8 pages
Price: $ 24.95


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1 . ANSWER

EXTRACTED KEY WORDS
COMPLAINT
SECOND SENTENCE
PARAGRAPH
RESPONSIVE PLEADING
CARVER
COUNSEL
HEREBY
DEFENDANT DENIES
DEFENDANT ADMITS
COURT
CHANCERY
DELAWARE
DEFENDANT CARVER BANCORP
UNDERSIGNED COUNSEL
DEFENDANT DENIES THEALLEGATIONS
TRUTH
FALSITY
THIRD SENTENCES
FULLY SET
TRADING PRICE
COMMON STOCK
ANNUAL MEETING
HEREBY CERTIFY
ATTORNEYS
                  IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

                                IN AND FOR NEW CASTLE COUNTY                      I        -...

BBC CAPITAL MARKETS, INC.,                           >>
                           Plaintiff,                >>
          V.                                                   Civil Action  N
                                                     >

 CARVER BANCORP, INC., a Delaware                    i
 Corporation,                                        >

                           Defendant.

                                               ANSWER


        Defendant Carver Bancorp, Inc. ("Carver" or "Defendant"), by its undersigned counsel,

hereby submits the following answer to the complaint:
                                                                                                  
         1.        The allegations contained in the first sentence of paragraph 1 of the complaint
                                                                                              - -_
forth legal conclusions to which no responsive pleading is required. Defendant denies the-

allegations contained in the second sentence of paragraph 1 of the complaint.

         2.        Defendant is without knowledge or information sufficient to form a belief as to

truth or falsity of the allegations contained in the first and third sentences of paragraph 2 of the

complaint, Defendant admits the allegations contained in the second sentence of paragraph 2 of

the complaint.

         3.        Defendant admits the allegations contained in paragraph 3 of the complaint.

         4.        Defendant repeats and realleges the responses contained in paragraphs 1 through 3

as if each were fully set forth herein.

         5.        Defendant admits the allegations contained in paragraph 5 of the complaint.

         6.        Defendant admits the allegations contained in the first sentence of paragraph 6


RLFl-20X5571-1                                      -l-


SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • Defendant Carver Bancorp, Inc., by its undersigned counsel,
  • forth legal conclusions to which no responsive pleading is required.
  • Defendant denies theallegations contained in the second sentence of paragraph 1 of the
  • truth or falsity of the allegations contained in the first and third sentences of paragraph 2
  • as if each were fully set forth herein.
  • except that Defendant admits that the trading price of its common stock on
  • Defendant has set its annual meeting for February 24,
  • I hereby certify that two copies of the attached Answer were hand delivered on
  • November 30, 1999, to the following attorneys of record.

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    COMMON STOCK
    STOCKHOLDERS
    MEETING
    PLAINTIFF
    PLAINTIFF BBCM
    BUSINESS
    ORDER PURSUANT
    DEL
    LISTS
    BOSTON
    LAWS
    MASSACHUSETTS
    SHARES
    YORK
    TRADING
    PRICE
    DIRECTORS
    REQUIRING CARVER
    CONVENE
    PURPOSE
    ELECTING DIRECTORS
    DESIGNATING
    DETERMINATION
    VOTE
    DAILY TRANSFER SHEETS
    TRANSFER SHEETS SHOWING
    SHEETS SHOWING CHANGES
    HOLDERS
    AWARDING PLAINTIFF
    
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                   I
     :                  \:                                                   IN THE COURT OF CHANCERY
    
    
    
    
    
    
    
    
    
                                                                                                       
                                        CARVER BANCORP, INC., a Delaware                               
                                        Corporation,                                                   
                                                                                          Defendant.   
    
    
                                                                                                       
    
                                                                                 Plaintiff BBC Capital
    s,
    
                                        upon knowledge as to itself and otherwise upon information and
    
                                        complaint against Defendant as follows:
    
                                                                                                    
    
                                                                                 1.     This is an
    o 8 Del. C.
    
                                        6 21 l(c), to require defendants to hold an annual meeting of
    
                                        Inc. ("Carver") for calendar year 1999. Judicial relief is
    
                                        deprived BBCM and other stockholders of Carver of their
    
                                        to elect dirlectors  of Carver--all in violation of Carver's
    
                                        incorporation and by-laws, by failing to give notice, hold a
    
    
    SNIPPETS:
  • Commerce and is a corporation organized under the laws of the Commonwealth of
  • Massachusetts, with its principal place of business at 133 Federal Street, Boston,
  • BBCM is the record owner of 170,700 shares of the common stock of Carver, par value
  • business at 75 West 125'h Street, New York, New York 10027.
  • (Summary Order Pursuant to 8 Del.
  • Plaintiff repeats and realleges each allegation contained in paragraphs 1
  • Carver held its last annual stockholders' meeting on August 14,
  • Comlmon Stock was trading at a price of $8.625 per share.
  • meetiing of stockholders of Carver or the last action by written consent to elect directors.
  • Under 8 Del.
  • Plaintiff BBCM is entitled to an order compelling
  • Requiring Carver to convene a 1999 annual meeting of Carver
  • stockholders for the purpose of electing directors,
  • Designating the time and place for such meeting,
  • determination of stockholders entitled to vote and the form of notice of
  • daily transfer sheets showing changes in the records and lists of holders of
  • Awarding Plaintiff its costs and attorneys' fees in this action;
  •    |