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Published on 10/30/2009 in the Prospect News Convertibles Daily.

CDC initiates litigation against holder of 3.75% convertibles due 2011

By Devika Patel

Knoxville, Tenn., Oct. 30 - CDC Corp. has initiated a lawsuit against an investor, according to an 8-K filed Friday with the Securities and Exchange Commission.

The investor holds some of the company's 3.75% senior exchangeable convertible notes due 2011.

The complaint alleges breach of non-disclosure agreement, breach of the purchase agreement, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, wrongful disclosure and misuse of trade secrets, tortious interference with business relations and civil conspiracy.

The complaint also seeks recovery of compensatory damages, punitive damages, interest, attorneys' fees, litigation expenses and injunctive relief.

CDC is a Hong Kong and Atlanta-based enterprise software and new media company.


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