ATHENS, Greece, Aug. 6 /PRNewswire-FirstCall/ -- TOP Ships Inc.
(Nasdaq: TOPS) announced today that on July 31, 2008, the United States
District Court, Southern District of New York approved the proposed settlement
in the securities complaints consolidated under the caption 'In Re: Top
Tankers, Inc. Securities Litigation,' case no. 06-cv-13761. As previously
announced, under the settlement the plaintiff, on behalf of members of the
class who do not opt out, dismisses all claims against the Company with
prejudice in exchange for a settlement payment of $1.2 million. The entire
settlement payment will be covered by the Company's insurance policy.
The court's opinion stated that it viewed the plaintiff's case as 'thin'
and the settlement 'a nuisance settlement in a de minimis amount.' The court
also noted the absence of any objections by the class to the proposed
settlement.
The court stated that, after the defendants' counsel filed its motion to
dismiss the first complaint, plaintiff's lead counsel 'dropped nearly every
serious (and scurrilous) allegation against defendants,' such as allegations
about conflicts of interest, illegal dividends and self-dealing by the
Company's CEO, Evangelos Pistiolis. Ultimately, the court found that
plaintiff's lead counsel 'quickly settled the case for whatever it could get'
and 'the pittance amount recovered makes a great deal of sense from
defendant's perspective -- it is nuisance value, and no court would force a
defendant to continue litigating to victory when such victory would be
phyrric.' The lack of response by the class to the settlement and to
plaintiff's lead counsel's request for attorneys' fees strongly suggested to
the court that 'no one except Lead Counsel has the slightest interest in this
action.'
The complete text of the court's opinion will be available on the
Company's website at http://www.topships.org.
About TOP Ships Inc.
TOP Ships Inc., formerly known as TOP Tankers Inc., is an international
provider of worldwide seaborne crude oil and petroleum products and drybulk
transportation services. Upon delivery of the five Suezmaxes to their new
owners the Company will operate a combined tanker and drybulk fleet as
follows:
-- a fleet of 12 tankers, consisting of 4 double-hull Suezmax tankers and
8 double-hull Handymax tankers, with a total carrying capacity of
approximately 1.0 million dwt, of which 86% are sister ships. Eight of the
Company's 12 tankers will be on time charter contracts with an average term of
two years with all of the time charters including profit sharing agreements
above their base rates.