An investor in Cascal N.V. filed a lawsuit in the United States District Court for the Southern District of New York on behalf of all persons who held shares of the common stock of Cascal N.V. (HOO) on May 21, 2010, against Sembcorp Utilities Pte Ltd. for alleged violations of Section 14(e) of the Securities Exchange Act of 1934 in connection with the tender offer by Sembcorp for Cascal.
Cascal N.V., listed on the NYSE and located in United Kingdom, provides water and wastewater services to its customers in seven countries: the United Kingdom, China, South Africa, Chile, Indonesia, Panama and The Philippines. Cascal reported in 2007 Total Revenue of $118.57million, in 2008 $157.78million, and in 2009 $163.40million.

On April 26, 2010, Sembcorp announced that it intended to make an offer to acquire Cascal's outstanding common shares for $6.75 per share in cash, which consideration would be reduced to $6.40 per share in the event that Sembcorp is not able to acquire at least 80% or more of Cascal's outstanding shares. The same day the Board of Directors of Cascal announced that it rejected as inadequate and coercive a proposed acquisition of Cascal by Sembcorp Industries Ltd. through its wholly owned subsidiary, Sembcorp Utilities Pte Ltd. Cascal announced also on April 26, 2010 that the proposed offer was made in connection with a privately-negotiated transaction between the Sembcorp and Biwater Investments Limited under which Sembcorp has entered into an agreement with Biwater to acquire Biwater's 17,868,543 shares in Cascal.

On April 30,2010, Cascal N.V. announced that an action in the United States District Court was filed for the Southern District of New York claiming violations of U.S. securities laws and breach of confidentiality agreements and that Cascal N.V. seeks Injunctive Relief and Damages in response to proposed Sembcorp Tender Offer. On May 20, 2010, Cascal N.V. announced that the United States District Court for the Southern District of New York denied its application for a preliminary injunction. Then on May, 24, 2010, Cascal N.V. (NYSE: HOO) announced that Sembcorp Utilities Pte Ltd and its parent company have filed with the Securities and Exchange Commission their Schedule TO commencing a tender offer to acquire all of the issued and outstanding common shares of Cascal N.V. for an offer price of US$6.75 per share, if at least 80% of the issued and outstanding Shares of Cascal on a fully diluted basis are validly tendered and not withdrawn, and a price of US$6.40 per share if that condition is not satisfied. Then on June 03, 2010, Cascal N.V. (NYSE: HOO) announced that it filed an application with the Court of Appeals Amsterdam Enterprise Chamber on June 2, 2010 requesting that the Court grant preliminary relief in order to protect the interest of its minority shareholders of Cascal N.V. (NYSE: HOO) . The Court has scheduled a hearing on June 10, 2010.

According to the complaint on behalf of investors filed in New York the plaintiff alleges that Sembcorp Utilities Pte Ltd. failed to disclose material information in Tender Offer for Cascal materials filed with the SEC and publicly disseminated in connection with the Tender Offer by Sembcorp for Cascal. The complaint further alleges that the Tender Offer by Sembcorp for Cascal materials made numerous material omissions about the process leading up to the Tender Offer and misrepresented the practical effect of a court ruling in previous litigation regarding the Tender Offer. Shares of Cascal (HOO) traded recently at $6.68 per share, but down from its52weekHigh of $7.82 per share, and over $14 per share in 2008.