Hampden Bancorp, Inc. Shareholder Litigation


The purpose of this website is to inform you of the pendency and proposed settlement of the following Class Action lawsuit: Brian Levy v. Hampden Bancorp, Inc., et. al., Civil Action No. 15-00082 (the “Action”) and about your legal rights and options in connection with the Settlement. This website explains the Action, the Court Proposed Settlement, your legal rights, what benefits are available, who may be eligible for those benefits, and how to get them.

On November 4, 2014, Hampden and Berkshire announced that they had signed a definitive agreement and plan of merger (the “Merger Agreement”) pursuant to which Berkshire would acquire Hampden and its subsidiary, Hampden Bank, in an all-stock transaction. Under the terms of the Merger Agreement, holders of Hampden’s outstanding shares received 0.81 shares of Berkshire common stock for each Hampden share they owned (the “Merger”).

This Action challenges the Defendants’ actions in connection with the Merger, and the Merger Agreement and alleges that the Defendants breached their fiduciary duties to Settlement Class Members in connection with the Merger and the Merger Agreement. Defendants have denied all wrongdoing and liability whatsoever.

All record and beneficial holders of the common stock of Hampden Bancorp, Inc. (“Hampden” or the “Company”) who held such stock at any time during the period from and including November 4, 2014 and who continued to hold such stock until the closing of the Merger of Hampden with and into Berkshire Hills Bancorp, Inc. (“Berkshire”) on April 17, 2015 (the “Settlement Class”), but excluding Defendants and their affiliates, with affiliates including any person, firm, trust, corporation or other entity related to or affiliated with any Defendant, could be entitled to a payment from a class-action settlement.

The Court will hold a Settlement Hearing at 2:00 p.m. on December 14, 2016 at the Superior Court of Hampden County, Hampden County Courthouse; 50 State St, Springfield, MA 01103. At this hearing, the Court will consider whether the Settlement should be finally approved by the Court; and whether the Order and Final Judgment as provided in the Stipulation should be entered herein.

Please be sure to review the Notice to fully understand your rights; if you are a member of the Class, your legal rights will be affected whether you act or do not act. If you wish to file a claim, you must submit your Proof of Claim form postmarked by March 11, 2017.