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SUBSEQUENT EVENTS
12 Months Ended
Dec. 31, 2017
SUBSEQUENT EVENTS  
SUBSEQUENT EVENTS

20. SUBSEQUENT EVENTS

 

In preparing the consolidated financial statements, the Company has evaluated events and transactions occurring after December 31, 2017 for recognition or disclosure purposes. Based on this evaluation, from January 1, 2018 through the date of this report, which represents the date the consolidated financial statements were available to be issued, no material events have been identified other than the following:

 

On March 8, 2018, a lawsuit captioned Fragapane v. Gener8 Maritime, Inc. et al., No. 1:18-cv-02097 (S.D.N.Y.), was filed in the United States District Court for the Southern District of New York, on behalf of the public stockholders of the Company, against the Company, the Company's directors, Euronav and Merger Sub. On March 14, 2018, another lawsuit, captioned Mohr v. Gener8 Maritime, Inc., et al, No. 1:18-cv-02276 (S.D.N.Y.), was also filed against the Company and its directors. The complaints allege that the registration statement on Form F-4 filed by Euronav violates Section 14(a) of the Securities and Exchange Act of 1934 because it omits and/or misrepresents material information concerning, among other things, the (i) sales process leading up to the Merger, (ii) financial projections used by the Company’s financial advisor in its financial analyses and (iii) inputs underlying the financial valuation analyses that were used by the Company’s financial advisor to support its fairness opinion. The complaints also allege that the Company's directors are liable under Section 20(a) of the Exchange Act as controlling persons. The Fragapane complaint further alleges that the Company’s directors breached their fiduciary duties to the Company’s stockholders by engaging in a flawed sales process, by agreeing to sell the Company for inadequate consideration and by agreeing to improper deal protection terms in the Merger Agreement. The complaints seek, among other things, injunctive relief against the proposed transaction with Euronav as well as other equitable relief, damages and attorneys’ fees and costs.