Merchant Advisory on the MasterCard Agreement to Prepay Future Payments at a Discount

Mon Jul 13, 2009 5:49pm EDT
 
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Merchant Advisory on the MasterCard Agreement to Prepay Future Payments at a
Discount



NEW YORK, July 13 /PRNewswire/ -- The following merchant advisory letter on
the on the MasterCard agreement to prepay future payments at a discount was
released today by Constantine Cannon LLP and Hagens Berman Sobol Shapiro LLP:

Dear Merchants,

Constantine Cannon LLP and Hagens Berman Sobol Shapiro LLP, together Lead
Counsel for United States merchants in the In re Visa Check/MasterMoney
Antitrust Litigation, CV 96-5238, advise Class Members as follows:

On July 2, 2009, Lead Counsel sought Court approval of a July 1, 2009
agreement with MasterCard International Incorporated ("MasterCard") pursuant
to which MasterCard agreed to prepay the remaining payments due under the June
2003 Settlement Agreement by making a single payment of $335 million on
September 30, 2009 (the "Prepayment Agreement"), in lieu of securitizing
MasterCard's remaining four annual $100 million payments scheduled through
2012 (the "Securitization"). In connection with its request for approval of
the Prepayment Agreement, Lead Counsel also sought the Court's approval to
amend the Court's order entered April 29, 2009 approving the securitization
(the "Proposed Amended Securitization Order").

If the Court approves Lead Counsel's application, as with the Securitization,
Lead Counsel will be able to make lump-sum distributions of MasterCard's
residual payments to Class Members with approved claims instead of making
installment payments over the next four years of any residual amounts. While
not only are the terms of the Prepayment Agreement equal to a discount rate
well below the maximum discount rate already authorized by the Court in
connection with the Securitization, but the Prepayment Agreement is also more
beneficial to Class Members because the market risks and transaction and
administration costs associated with the Securitization will be largely
eliminated.

Objections to the Proposed Amended Securitization Order must be filed with the
Court by August 3, 2009, and any objectors must appear before the Court on
August 19, 2009, at 12:30 p.m., to show why the Proposed Amended
Securitization Order should not issue. Merchants may visit the case website to
review the papers Lead Counsel filed in connection with its application, the
anticipated submission from the Independent Expert regarding the benefits of
the Prepayment Agreement and the Court Order setting forth the schedule for
objecting to the Proposed Amended Securitization Order, at
www.inrevisacheckmastermoneyantitrustlitigation.com by clicking on the sidebar
option entitled "MasterCard Agreement To Prepay Future Payments At A
Discount." The papers are also available at Co-Lead Counsel's website at
www.constantinecannon.com.

Details concerning merchant rights under the Settlement are available on the
case website by clicking on the sidebar option entitled "Merchant/Class Member
Rights Under the Settlement." Additional assistance is also available by
calling 1- 888-641-4437.

Sincerely,

CONSTANTINE CANNON LLP (formerly Constantine & Partners)
Co-Lead Counsel for the Class
Counsel@InReVisacheckMastermoneyAntitrustLitigation.com

HAGENS BERMAN SOBOL SHAPIRO LLP
Co-Lead Counsel for the Class



SOURCE  Constantine Cannon LLP; Hagens Berman Sobol Shapiro LLP

Jason Enzler, +1-202-204-3520, for Constantine Cannon LLP and Hagens Berman
Sobol Shapiro LLP

 

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