Schulte Roth & Zabel, the prestigious law firm formerly representing 26 Capital (NASDAQ: ADER), is embroiled in a legal dispute against it. The firm asserts the need to recover almost $2 million, culminated in legal fees during its term of service to the special purpose acquisition company (SPAC).
Stepping back to the previous week, the law firm petitioned Delaware’s Court of Chancery for the suspension of the SPAC’s impending liquidation. The requisition declared that 26 Capital’s indebtedness should be settled before commencing the redemption of shares. This claim arises in the wake of 26 Capital’s recently revealed intentions to liquidate and return investiture to shareholders – a resolution catalyzed by an unfavorable Court of Chancery verdict linked to a reverse merger proposal concerning the Okada Manila casino establishment.
In a public statement, Schulte Roth & Zabel noted: “The law unambiguously confers upon us the right to remuneration for the considerable work we rendered for 26 Capital, and 26 Capital’s obligation to reconcile its liabilities prior to shareholder remuneration.”
Operating from their offices based in Washington DC, London, and New York, the firm reports an allocation of considerable resources and skilled personnel, focusing on financial as well as mergers and acquisitions advisement to Jason Ader’s SPAC.
Just a week ago, 26 Capital expressed its plans to relinquish its common stock by September 25, with aspirations to distribute the noninterest-bearing trust account proceeds to investors by October 13. If this sequence of events transpires, Schulte Roth & Zabel’s possibility of recouping the legal charges from the SPAC would be inexistent, thus illustrating the firm’s alacrity in this matter.
The suit against 26 Capital, the details of which have been submitted to the Court of Chancery, includes a requisition for a Temporary Restraining Order to safeguard the current status quo and prohibit 26 Capital from making any transfers to shareholders until a provision for the due payment to Schulte Roth & Zabel has been adopted.
This litigation finds its roots in the ruling served by Delaware Court of Chancery Vice Chancellor Travis Laster, which concluded that a formerly publicized merger agreement between the Okada Manila resort and the SPAC was not bound to be pursued by the parent company of Okada Manila, Universal Parent.
In the legal document penned by Schulte Roth & Zabel, the firm discloses that its service charges range from $460 to $1695 per hour, depending on the nature and level of work carried out. Nevertheless, the agreement with 26 Capital had provisioned a clause offering a 33% reduction in fees, should the Okada Manila deal fall apart, which, in fact, it did.
During the course of August 2021 to July 2023, Schulte Roth & Zabel dedicated numerous man-hours to 26 Capital, providing valuable support in facilitating a myriad of procedures, including managing public disclosures and regular filings, and attempting to actualize the proposed transaction. The firm asserts that 26 Capital remains indebted in the sum of $ 1,913,865.38.
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