(17) Commitments and Contingencies Legal Proceedings Class Action Litigation On January 15, 2013, a putative class action lawsuit was filed in the District Court in McLennan County, Texas against the Company, its directors, Parent, Merger Subsidiary and Värde purportedly on behalf of the Company s stockholders, under the caption Eric J. Drayer v. James T. Sartain, et. al. , Cause No. 2013-246-5. The lawsuit alleged, among other things, that the director defendants breached their fiduciary duties to the Company s stockholders in connection with Värde s proposal and that Värde, Parent and Merger Subsidiary have aided and abetted such breaches. The plaintiff sought declaratory and injunctive relief, reasonable attorneys  and experts  fees and in the event the transaction is consummated, rescission of the transaction, rescissory damages and an accounting of all damages, profits and special benefits. On February 13, 2013, a first amended petition was filed. The amended petition alleged that the director defendants breached their fiduciary duties by (i) failing to maximize the value of the Company, (ii) taking steps to avoid competitive bidding, (iii) failing to properly value the Company and (iv) omitting material information and providing materially misleading information in the preliminary proxy statement, and sought the same relief and asserted the same claims as the original petition. On January 29, 2013, a putative class action lawsuit was filed in the Court of Chancery of the State of Delaware against the Company, its directors, Parent, Merger Subsidiary and Värde purportedly on behalf of the Company s stockholders, under the caption Paul Perry v. FirstCity Financial Corporation, et. al., Case No. 8259-VCG. The lawsuit alleged, among other things, that the director defendants breached their fiduciary duties to the Company s stockholders by entering into the merger agreement and that the Company, Värde, Parent and Merger Subsidiary aided and abetted such breaches. The plaintiff sought declaratory and injunctive r