SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE TO
(Rule 14d-100)
Tender Offer Statement under Section 14(d)(1) or 13(e)(1) of
The Securities Exchange Act of 1934
CORECOMM LIMITED
(Name of Subject Company (Issuer))
CORECOMM HOLDCO, INC. (Offeror)
(Name of Filing Persons (Identifying Status as Offeror, Issuer or Other Person))
COMMON STOCK, $0.01 PAR VALUE PER SHARE
6% CONVERTIBLE SUBORDINATED NOTES DUE 2006
(Title of Class of Securities)
21869Q108
21869NAA3
21869NAB1
21869NAC9
(CUSIP Numbers of Classes of Securities)
Jared L. Gurfein, Esq. Thomas H. Kennedy, Esq.
Director of Legal Affairs Skadden, Arps, Slate, Meagher & Flom LLP
CoreComm Holdco, Inc. Four Times Square
110 East 59th Street, 26th Floor New York, New York 10036
New York, New York 10022 (212) 735-3000
(212) 906-8485
(Name, Address and Telephone Numbers of Person Authorized to Receive Notices
and Communications on Behalf of Filing Persons)
Calculation of Filing Fee
Transaction Valuation* Amount of Filing Fee
---------------------- --------------------
$15,921,184 $1,465
* Estimated for purposes of calculating the amount of the filing fee
only, in accordance with Rule 0-11(b)(2) under the Securities
Exchange Act of 1934, as amended. The amount of the filing fee,
calculated in accordance with Rule 0-11(b) of the Exchange Act,
equals 92/1,000,000 of the transaction valuation. The amount of the
transaction valuation attributable to the shares of CoreComm Limited
common stock equals $14,337,851, calculated by multiplying (1)
$0.0945, the average of the high and low sale prices per share of
CoreComm Limited common stock on February 5, 2002, as reported by the
Nasdaq National Market times (2) 151,723,284 shares of CoreComm
Limited common stock (including shares issuable pursuant to the
exercise of CoreComm Limited warrants) estimated to be received by
CoreComm Holdco, Inc. pursuant to the exchange offers. The aggregate
principal amount of the 6% Convertible Subordinated Notes due 2006 of
CoreComm Limited sought for exchange equals $4,750,000. Under Rule
0-11(a)(4) of the Exchange Act, because there is no market for the 6%
Convertible Subordinated Notes due 2006 of CoreComm Limited and
because CoreComm Limited has an accumulated capital deficit, only one
third of such amount, or $1,583,333, is considered to be the
transaction valuation for purposes of calculating the filing fee,
resulting in a total transaction valuation of $15,921,184.
[X] Check the box if any part of the fee is offset as provided by Rule
0-11(a)(2) and identify the filing with which the offsetting fee was
previously paid. Identify the previous filing by registration
statement number or the Form or Schedule and the date of its filing.
Amount Previously Paid: $1,452
Filing Party: CoreComm Holdco, Inc.
Form or Registration No.: Form S-4
Date Filed: February 8, 2002
[ ] Check the box if the filing relates solely to preliminary
communications made before the commencement of a tender offer.
Check the appropriate boxes below to designate any transactions to
which the statement relates:
[ ] third-party tender offer subject to Rule 14d-1.
[X] issuer tender offer subject to Rule 13e-4.
[ ] going-private transaction subject to Rule 13e-3.
[ ] amendment to Schedule 13D under Rule 13d-2.
Check the following box if the filing is a final amendment reporting
the results of the tender offer: [ ]
This Tender Offer Statement on Schedule TO is being filed with the
Securities and Exchange Commission (the "SEC") by CoreComm Holdco, Inc.
("Holdco"), a subsidiary of CoreComm Limited ("Limited") that holds all of
the material operations of CoreComm Limited, and a company in which
CoreComm Limited now only owns approximately 13% of the outstanding capital
stock as a result of a series of recapitalization transactions in which
approximately 87% of Holdco's stock was issued to former creditors and
preferred stockholders of Limited and Holdco. It is being filed under the
Securities Act of 1933, as amended, in connection with the filing on the
date hereof of a registration statement on Form S-4 (the "Registration
Statement") regarding offers (the "Exchange Offers") by Holdco to exchange:
o 1/116.7 of a share of its common stock, par value $0.01 per
share, together with the associated rights to purchase shares
of CoreComm Holdco's Series A junior participating preferred
stock which are attached to each share of common stock
(collectively, the "Holdco Common Stock") (rounded up to the
nearest whole share for each unaffiliated holder) for each
validly tendered and accepted share of common stock, par
value $0.01 per share of Limited (the "Limited Common
Stock"); and
o 3.0349 shares of Holdco Common Stock (rounded up to the
nearest whole share for each unaffiliated holder) and $30.00
in cash (which is equal to the amount of the October 1, 2001
interest payment that has not been paid), net without
interest, for each $1,000 in aggregate principal amount of 6%
Convertible Subordinated Notes due 2006 of Limited (the
"Public Notes" and together with the Limited Common Stock,
the "Outstanding Securities") that is validly tendered and
accepted.
The 1/116.7 and 3.0349 exchange ratios will be adjusted
proportionately for any stock splits, combinations, stock dividends and the
like.
Holdco will accept up to an aggregate of all shares of outstanding
Limited Common Stock and all outstanding Public Notes and will issue up to
an aggregate of 1,314,416 shares of Holdco Common Stock in the Exchange
Offers plus any additional shares issued as a result of rounding. A copy of
the preliminary prospectus, dated the date hereof (the "Prospectus"), is
incorporated herein by reference to the Registration Statement.
All of the information in the Prospectus and the related Letters
of Transmittal, any prospectus supplement or other amendment thereto
related to the Exchange Offers hereafter filed with the SEC by Holdco, is
hereby incorporated by reference in the answers to Items 2 through 11 of
this Schedule TO.
Item 1. Summary Term Sheet.
The information set forth in the sections of the Prospectus
entitled "Questions and Answers About the Exchange Offers" and "Summary" is
incorporated herein by reference.
Item 2. Subject Company Information.
(a) The issuer of the Outstanding Securities subject to the Exchange
Offers is CoreComm Limited, a Delaware corporation, whose
principal executive offices are located at 50 Monument Road, Bala
Cynwyd, Pennsylvania, 19004 and at 110 East 59th Street, 26th
Floor, New York, New York 10022, telephone number (212) 906-8485.
(b) The subject class of equity securities includes all of the issued
and outstanding shares of Common Stock, par value $0.01 per share,
of Limited, of which there were 151,723,284 shares (including
shares issuable pursuant to the exercise of warrants) issued and
outstanding as of January 30, 2002, and all of the issued and
outstanding Public Notes, of which there were $4,750,000 in
aggregate principal amount issued and outstanding as of January
30, 2002.
(c) Limited Common Stock is traded on the Nasdaq National Market under
the symbol "COMM." The information regarding Limited Common Stock
set forth in section of the Prospectus entitled "Comparative Stock
Prices and Dividends" is incorporated herein by reference. The
Public Notes are not traded on any national securities exchange or
authorized to be quoted in any inter-dealer quotation system of
any national securities association. Although certain institutions
and securities dealers do provide quotations for and engage in
transactions in these securities, there is no established trading
market for these securities, other than through these limited or
sporadic quotations.
Item 3. Identity and Background of Filing Person.
(a) The principal executive offices of the filing person, CoreComm
Holdco, Inc., are located at 50 Monument Road, Bala Cynwyd,
Pennsylvania 19004 and at 110 East 59th Street, 26th Floor, New
York, New York 10022, telephone number (212) 906-8485. CoreComm
Holdco, Inc., a former wholly-owned subsidiary of Limited
currently has a substantially overlapping board of directors and
the same executive management team as Limited.
(b) The information set forth in the section of the Prospectus
entitled "Management and Executive Compensation - Directors and
Executive Officers " is incorporated herein by reference. The
address of each director and/or executive officer listed in that
section is 110 East 59th Street, 26th Floor, New York, New York
10022, and the telephone number is (212) 906-8485.
Michael Karp (together with The Florence Karp Trust) currently
owns approximately 34% of the outstanding Holdco Common Stock and
has a contractual right to appoint directors to Holdco's board of
directors, which he has not elected to exercise to date. Mr.
Karp's address is University City Housing Ste 30B, 1062 Lancaster
Avenue, Rosemont, Pennsylvania 19010 and his telephone number is
(215) 222-2000.
Item 4. Terms of the Transaction.
(a) The information set forth in the sections of the Prospectus
entitled "Questions and Answers About the Exchange Offers,"
"Prospectus Summary," "The Exchange Offers," "Comparison of Rights
of Holders of Holdco Common Stock and the Outstanding Securities"
and "Material U.S. Federal Income Tax Consequences" is
incorporated herein by reference.
(b) The Exchange Offers are open to all holders of Outstanding
Securities who tender their securities in a jurisdiction where the
Exchange Offers are permitted under the laws of that jurisdiction.
Therefore, any officer, director or affiliate of Limited or Holdco
who is a holder of Outstanding Securities may participate in the
Exchange Offers. The information regarding ownership of
Outstanding Securities set forth in the section of the Prospectus
entitled "Security Ownership of Certain Beneficial Owners and
Management" is incorporated herein by reference.
Item 5. Past Contracts, Transactions, Negotiations and Agreements.
The information set forth in the sections of the Prospectus
entitled "Certain Relationships and Related Transactions," "Prospectus
Summary - Recent Developments," "Information About Limited - Options" and
"Description of Capital Stock" is incorporated herein by reference. Each of
Limited and Holdco are parties to an exchange agreement which is described
in the section of the Prospectus entitled "Certain Relationships and
Related Transactions - Exchange Agreement between CoreComm Limited and
CoreComm Holdco." Each of Michael Karp, The Florence Karp Trust, Thomas
Gravina, Barclay Knapp, George Blumenthal, Richard Lubasch, Booth American
Company, Debra Buruchian and Ted H. McCourtney and Limited and Holdco are
parties to an exchange agreement which is described in the section of the
Prospectus entitled "Description of Capital Stock - The Exchange
Agreement."
Item 6. Purposes of the Transaction and Plans or Proposals.
(a) The information set forth in the section of the Prospectus
entitled "The Exchange Offers -- Background and Purpose" is
incorporated herein by reference.
(b) The information set forth in the section of the Prospectus
entitled "The Exchange Offers - Effect of the Exchange Offers" is
incorporated herein by reference.
(c) (1) Holdco may merge Limited with a subsidiary of Holdco
following the consummation of the Exchange Offers, but no
determination as to the timing of the merger, or whether
the merger will occur, has been made.
(2) None.
(3) None.
(4) The information set forth in the sections of the
Prospectus entitled "Management and Executive
Compensation" is incorporated herein by reference.
(5) The information set forth in the section of the
Prospectus entitled "The Exchange Offers - Background and
Purpose" is incorporated herein by reference.
(6) If the Exchange Offers are successful and all outstanding
shares of Limited Common Stock are tendered, the Limited
Common Stock would be delisted from the Nasdaq National
Market. Whether or not all outstanding shares of Limited
Common Stock are tendered, Holdco and Limited intend to
transfer the listing of Limited Common Stock on the
Nasdaq National Market to Holdco Common Stock. If this
transfer were to occur, the Limited Common Stock would be
delisted from the Nasdaq National Market. The information
set forth in the section of the Prospectus entitled "Risk
Factors - Risk factors relating to failure to tender
outstanding securities in the exchange offers" is
incorporated herein by reference.
(7) Pursuant to the Exchange Offers, Holdco is attempting to
acquire all of the outstanding shares of Limited Common
Stock, which would result in the Limited Common Stock
becoming eligible for termination of registration
pursuant to Section 12(g)(4) of the Securities Exchange
Act of 1934, as amended.
(8) None.
(9) None.
(10) None.
Item 7. Source and Amount of Funds or Other Consideration.
(a) The information set forth in the section of the Prospectus
entitled "Source and Amount of Funds" is incorporated herein by
reference.
(b) None.
(c) Holdco will not borrow funds or consideration, either directly or
indirectly, for the purpose of the Exchange Offers.
Item 8. Interest in Securities of the Subject Company.
(a) The information set forth in the section of the Prospectus
entitled "Matters Relating to Outstanding Securities" is
incorporated by reference.
(b) The information set forth in the section of the Prospectus
entitled "Matters Relating to Outstanding Securities" is
incorporated by reference.
Item 9. Persons/Assets, Retained, Employed, Compensated or Used.
(a) None.
Item 10. Financial Statements.
(a) The following financial statements and financial information of
Limited are incorporated herein by reference:
(1) The audited consolidated financial statements of Limited
set forth under the section entitled "Financial
Statements" in the Prospectus;
(2) The unaudited condensed consolidated financial statements
of Limited set forth under the section entitled
"Financial Statements" in Limited's Quarterly Report on
Form 10-Q for the fiscal quarter ended September 30,
2001.
(3) Not applicable; and
(4) The information set forth in the Prospectus under the
section entitled "Comparative Per Share Data."
(b) The information set forth in the Prospectus under the section
entitled "Summary Historical and Pro Forma Financial Data" is
incorporated herein by reference.
Item 11. Additional Information.
(a) Agreements, Regulatory Requirements and Legal Proceedings.
(1) The information set forth in Item 5(e) of this Schedule
TO and the information set forth in the sections of the
Prospectus entitled "Management and Executive
Compensation--Employment Arrangements," "Government
Regulation of the Telecommunications Services Business"
and "Information About Holdco -- Our Business -- Legal
Proceedings" are incorporated herein by reference.
(2) The information set forth in the Prospectus under "The
Exchange Offers -- Effect of the Exchange Offers" and
"Risk Factors -- Risk factors relating to our business"
is incorporated herein by reference. This information
includes Federal Communications Commission and state
regulations with respect to ownership changes and the
transfer of the Limited Common Stock listing on the
Nasdaq National Market to the Holdco Common Stock.
(3) Not applicable.
(4) Not applicable.
(5) The information set forth in the section of the
Prospectus entitled "Risk Factors - Risk factors relating
to tendering outstanding securities in the exchange
offers - A lawsuit was filed which may prohibit us from
completing the exchange offers" is incorporated herein by
reference.
(b) None.
Item 12. Exhibits.
A list of exhibits filed herewith is contained in the Index to
Exhibits, which is incorporated herein by reference.
Item 13. Information Required By Schedule 13E-3.
Not applicable.
SIGNATURE
After due inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete
and correct.
CoreComm Holdco, Inc.
By: /s/ MICHAEL A. PETERSON
------------------------------------------------
Name: Michael A. Peterson
Title: Executive Vice President, Chief
Operating Officer and Chief Financial
Officer
Date: February 8, 2002
INDEX TO EXHIBITS
EXHIBIT NO. DESCRIPTION
----------- -----------
12(a)(1)(i) Letter of Transmittal Relating to Limited Common Stock (incorporated by reference
to Exhibit 99.1 to the Registration Statement)
12(a)(1)(ii) Letter of Transmittal Relating to Public Notes (incorporated by reference to
Exhibit 99.2 to the Registration Statement)
12(a)(1)(iii) Notice of Guaranteed Delivery Relating to Limited Common Stock (incorporated by
reference to Exhibit 99.3 to the Registration Statement)
12(a)(1)(iv) Notice of Guaranteed Delivery Relating to Public Notes (incorporated by reference
to Exhibit 99.4 to the Registration Statement)
12(a)(1)(v) Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees
(incorporated by reference to Exhibit 99.5 to the Registration Statement)
12(a)(1)(vi) Letter to Clients for use by Brokers, Dealers, Commercial
Banks, Trust Companies and Other Nominees (incorporated
by reference to Exhibit 99.6 to the Registration
Statement)
12(a)(1)(vii) Letter to Holders of Limited Common Stock (incorporated by reference to Exhibit
99.7 to the Registration Statement)
12(a)(1)(viii) Letter to Holders of Public Notes (incorporated by reference to Exhibit 99.8 to
the Registration Statement)
12(a)(1)(ix) Guidelines for Certification of Taxpayer Identification Number on Substitute Form
W-9 (incorporated by reference to Exhibit 99.9 to the Registration Statement)
12(a)(2) Not applicable
12(a)(3) Not applicable
12(a)(4) Preliminary Prospectus dated the date hereof (incorporated by reference to the
Registration Statement)
12(a)(5) First Amended Complaint and Plaintiff's Motion for the Issuance of a Preliminary
Injunction in the matter of WXIII/Far Yale Gen-Par, LLC, as General Partner of
WXIII/Far Yale Real Estate Limited Partnership vs. CoreComm Communications, Inc.;
and CoreComm Limited
12(b) Not applicable
12(d)(1) CoreComm Limited 1998 Stock Option Plan (incorporated by
reference to Exhibit 10.2 to CoreComm Limited's, a
Bermuda corporation and predecessor to CoreComm Limited,
registration statement on Form 10-12G/A, file no.
000-24521)
12(d)(2) CoreComm Limited 1999 Stock Option Plan (incorporated by
reference to Exhibit 10.5 to CoreComm Limited's, a
Bermuda corporation and predecessor to CoreComm Limited,
annual report on Form 10-K, filed on March 22, 1999)
12(d)(3) CoreComm Limited 2000 Stock Option Plan (incorporated by
reference to Annex B to CoreComm Limited's Definitive
Proxy Statement on Schedule 14A for its Annual Meeting of
Shareholders filed on April 27, 2000)
12(d)(4) CoreComm Limited 2000 Special Stock Option Plan
(incorporated by reference to Exhibit 4.5 to CoreComm
Limited's, a Bermuda corporation and predecessor to
CoreComm Limited, registration statement on Form S-8,
file no. 333-33970)
12(d)(5) CoreComm Limited 2000 Special ATX Stock Option Plan
(incorporated by reference to Exhibit 10.50 to the
registration statement on Form S-1/A, file no. 333-47984)
12(d)(6) CoreComm Limited 2000 Special Voyager Stock Option Plan
(incorporated by reference to Exhibit 10.51 to the
registration statement on Form S-1/A, file no. 333-47984)
12(g) Not applicable
12(h) Not applicable
EXHIBIT 12(a)(5)
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT DEPARTMENT
CA NO. 01-4186 BLS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - x
:
:
WXIII/FAR YALE GEN-PAR, LLC, as General Partner of :
WXIII/FAR YALE REAL ESTATE LIMITED PARTNERSHIP :
:
vs. :
:
CORECOMM COMMUNICATIONS, INC.; and CORECOMM LIMITED :
:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - x
FIRST AMENDED COMPLAINT
1. Plaintiff WXIII/FAR YALE GEN-PAR, LLC, is a limited liability
corporation duly organized, and is the general partner of
WXIII/FAR YALE REAL ESTATE LIMITED PARTNERSHIP ("YALE") having an
usual place of business at Boston, Suffolk County.
2. Defendant CoreComm Communications, Inc. ("CoreComm"), is a
Delaware corporation duly organized with an usual place of
business at Mayfield Heights, Ohio and doing business in the
Commonwealth of Massachusetts.
3. Defendant CoreComm Limited ("CoreComm Limited") is, upon
information and belief, a foreign corporation organized under the
laws of Bermuda and doing business in the Commonwealth of
Massachusetts.
4. By lease dated December 20, 1999, Cathartes/AEW Fargo Building,
LLC ("Cathartes") as lessor, entered into a written lease with
CoreComm, as lessee, for certain commercial premises located on
the third floor (Unit 302) and seventh floor (Unit 702) of the
building at 451 D Street/60-84 Fargo Street, Boston, MA ("the
premises") for an initial term of ten years (the "Lease"). A copy
of the Lease is attached hereto as Exhibit "A" and incorporated
herein.
5. CoreComm Limited executed and delivered a guaranty of the full
performance and observance of all of the covenants, conditions and
agreements of CoreComm under the Lease (the "Guaranty"). A copy of
the Guaranty is attached hereto as Exhibit "B" and incorporated
herein.
6. Plaintiff has succeeded to all of the right, title and interest of
Cathartes under the Lease and Guaranty, and is the current lessor
under the Lease with CoreComm.
Count I
7. Plaintiff repeats, realleges and incorporates herein the
allegations set forth in paragraphs 1 - 6 above, as though
separately set forth herein.
8. CoreComm has defaulted and breached the Lease, by failing,
refusing, and neglecting to pay rent and additional charges,
interest at 18% and a late charge of 5% due under the Lease for
July, 2001 through February 5, 2002 in the amount of $404,290.87
for Unit 702 and for Unit 302 all as per Exhibit "C"; and
currently owes Plaintiff through February 5, 2002 the sum of
$360,968.04 for rent and additional rent, together with interest
and late charges thereon, and attorneys fees and costs as per the
Lease.
Count II
9. Plaintiff repeats, realleges and incorporates herein the
allegations set forth in paragraphs 1 -8 above, as though
separately set forth herein.
10. CoreComm Limited has defaulted and breached the Guaranty, by
failing, refusing, and neglecting to pay the rent and additional
charges of CoreComm due under the Lease and in accordance with the
Guaranty; and currently owes Plaintiff through February 5, 2002
the sum of $360,968.04 for rent and additional rent, together with
interest and late charges thereon, and attorneys fees and costs as
per the Lease and Guaranty.
Count III
11. Plaintiff repeats, realleges and incorporates herein the
allegations set forth in paragraphs 1 - 10 above, as though
separately set forth herein.
12. Upon information and belief, plaintiff avers that CoreComm, in or
about December, 2001 recently announced a plan to sell certain of
its businesses and assets in return for a transfer to bondholders
of about 90% of the common stock of a wholly owned subsidiary of
CoreComm, which subsidiary will succeed to the assets of CoreComm
and replace its parent company as a publicly traded company.
13. Upon information and belief, plaintiff has reason to believe that
CoreComm and CoreComm Limited are or may be in financial
difficulty and otherwise attempting to avoid its obligations under
the Lease. Plaintiff knows of no assets of the defendants in
Massachusetts that may be attached or seized in order to secure
the plaintiff for any Judgment obtained in this case.
14. In order to maintain the status quo and otherwise prevent CoreComm
and CoreComm Limited from dissipating any of their assets, and to
secure plaintiff for any Judgment obtained herein, plaintiff seeks
a preliminary injunction preventing CoreComm and CoreComm Limited,
their agents, servants, employees and attorneys, from
transferring, selling, assigning, encumbering or otherwise
hypothecating any and all of their assets, including, but not
limited to debt and equity interests in subsidiaries, except for
usual and ordinary expenses paid in the usual and ordinary course
of its business, until further Order of the Court.
WHEREFORE, Plaintiff demands Judgment against Defendants as follows:
15. That a Judgment enter against defendants for the amount of
additional rent and other additional charges due from July, 2001
through February, 2002, together with interest, late charges,
attorneys fees and costs with an execution to issue therefor; and
for such other and further relief as may be deemed just and
proper.
16. That a preliminary injunction issue against defendants CoreComm
Communications, Inc. and CoreComm Limited, their agents, servants,
employees and attorneys enjoining and restraining defendants
CoreComm Communications, Inc. and CoreComm Limited, their agents,
servants, employees and attorneys from directly or indirectly
transferring, selling, assigning, encumbering or otherwise
hypothecating any and all of their assets, including, but not
limited to debt and equity interests in subsidiaries, except for
usual and ordinary expenses paid in the usual and ordinary course
of its business, until the further Order of the Court.
17. For such other and further relief as may be deemed necessary and
proper.
WXIII/FAR Yale Real Estate
Limited Partnership,
February 4, 2002 /s/ James E. Lesko, III
--------------------------------
James E. Lesko, III
By its attorneys,
/s/ Alvin S. Nathanson
--------------------------------
Alvin S. Nathanson
BBO# 367480
Nathanson & Goldberg, P.C.
2 Oliver Street
Boston, MA 02109
(617) 210-4800
Commonwealth of Massachusetts
Suffolk, SS. February 4, 2002
Then personally appeared before me the above named James E. Lesko,
III and did make oath that the above statements are true, excepting those
made upon information and belief, and as to those he believes them to be
true.
/s/ Alvin S. Nathanson
Notary Public
My commission expires:
June 16, 2006
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT DEPARTMENT
CA NO. 01-4186 BLS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - x
:
:
WXIII/FAR YALE GEN-PAR, LLC, as General Partner of :
WXIII/FAR YALE REAL ESTATE LIMITED PARTNERSHIP :
:
vs. :
:
CORECOMM COMMUNICATIONS, INC.; and CORECOMM LIMITED :
:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - x
PLAINTIFF'S MOTION FOR THE ISSUANCE OF A PRELIMINARY
INJUNCTION
Now comes the plaintiff in the above entitled case and moves for the
issuance of a preliminary injunction under prayer 2 of the verified First
Amended Complaint. As reason therefor, plaintiff avers that there is a
reasonable likelihood of success on the merits, and that injunctive relief
is needed in order to prevent a dissipation of assets by the defendant and
to otherwise maintain the status quo.
By its attorneys,
February 5, 2002 /s/ Alvin S. Nathanson
-------------------------------
Alvin S. Nathanson
BBO# 367480
Nathanson & Goldberg, P.C.
2 Oliver Street
Boston, MA 02109
(617) 210-4800