INDEX OF DEFINED TERMS - Banca di Legnano

Level: 2 – From: 2 – Wednesday, July 21, 2010 – 13:20 – eprint6 – 4247 Section 10
General Information
Data Treasury Litigation
The Issuer and BANA were named as defendants in two cases filed by Data Treasury Corporation
(“Data Treasury”) in the U.S. District Court for the Eastern District of Texas. In one case filed on June
25, 2005 (Ballard), Data Treasury alleged that defendants “provided, sold, installed, utilized, and assisted
others to use and utilize image-based banking and archival solutions” in a manner that infringed United
States Patent Nos. 5,910,988 and 6,032,137. In the other case filed on February 24, 2006 (“Huntington”),
Data Treasury alleged that the Issuer and BANA, along with LaSalle Bank Corporation and LaSalle Bank,
N.A., were “making, using, selling, offering for sale, and/or importing into the United States, directly,
contributory, and/or by inducement, without authority, products and services that fall within the scope of
the claims of” United States Patent Nos. 5,265,007; 5,583,759; 5,717,868; and 5,930,778. The Huntington
case also claimed infringement against the LaSalle defendants of the patents at issue in the Ballard case.
The Ballard and Huntington cases are now consolidated in the Data Treasury Corporation v. Wells Fargo,
et al., action, although the claims related to the Huntington patents are currently stayed. Data Treasury
seeks significant compensatory damages and equitable relief in the Ballard case and unspecified
compensatory damages and injunctive relief in the Huntington case. The District Court has scheduled the
Ballard case for trial in October 2010.
Enron Litigation
On April 8, 2002, ML&Co. and MLPF&S were added as defendants in a consolidated class action,
entitled Newby v. Enron Corp. et al., filed in the U.S. District Court for the Southern District of Texas on
behalf of certain purchasers of Enron’s publicly traded equity and debt securities. The complaint alleges,
among other things, that ML&Co. and MLPF&S engaged in improper transactions that helped Enron
misrepresent its earnings and revenues. On March 5, 2009, the District Court granted ML&Co. and
MLPF&S’s motion for summary judgment and dismissed the claims against ML&Co. and MLPF&S with
prejudice. Subsequently, the lead plaintiff, ML&Co. and certain other defendants filed a motion to dismiss
and for entry of final judgment. The District Court granted the motion on 2 December 2009 and dismissed
all claims against ML&Co. and MLPF&S with prejudice.
Heilig-Meyers Litigation
In AIG Global Securities Lending Corp., et al. v. Banc of America Securities LLC, filed on
December 7, 2001 and formerly pending in the U.S. District Court for the Southern District of New York,
the plaintiffs purchased asset backed securities (“ABS”) issued by a trust formed by Heilig-Meyers Co.,
and allege that BAS, as underwriter, made misrepresentations in connection with the sale of those
securities in violation of the federal securities laws and New York common law. The case was tried and a
jury rendered a verdict against BAS in favor of the plaintiffs for violations of Section 10(b) of the
Exchange Act and Rule 10b-5 and for common law fraud. The jury awarded aggregate compensatory
damages of US$84.9 million plus prejudgment interest totaling approximately US$59 million. On May 14,
2009, the District Court denied BAS’s post trial motions to set aside the verdict. BAS has filed an appeal
in the U.S. Court of Appeals for the Second Circuit.
IndyMac Litigation
On January 20, 2009, BAS and MLPF&S, in their capacity as underwriters, along with IndyMac
MBS, IndyMac ABS, and other underwriters and individuals, were named as defendants in a putative class
action complaint, entitled IBEW Local 103 v. Indymac MBS et al., filed in the Superior Court of the State
of California, County of Los Angeles, by purchasers of IndyMac mortgage pass-through certificates. The
complaint alleges, among other things, that the mortgage loans underlying these securities were improperly
underwritten and failed to comply with the guidelines and processes described in the applicable
204