Thomason Hendrix Harvey Johnson & Mitchell, PLLC announced
today that it has filed class action suits concerning certain
mutual funds of the Regions Morgan Keegan Select family of open-end
funds and the RMK family of closed-end funds held by trust,
custodial and agency accounts for which Regions Bank, doing
business as Regions Morgan Keegan Trust, is trustee, custodian or
agent. C. Fred Daniels, in his capacity as Trustee ad Litem, has
commenced five separate class action lawsuits in the United States
District Court for the Western District of Tennessee (the �Court�)
on behalf of all trusts (the �Trusts�) and custodial accounts (the
�Custodial Accounts�) and their respective trustees,
representatives, and fiduciaries: (a) for which Regions Bank is a
trustee or a directed trustee, custodian, or agent; (b) that
purchased, otherwise acquired or held certain of the Regions Morgan
Keegan Select proprietary mutual fund family of open-end funds,
and/or the RMK proprietary mutual fund family of closed-end funds
(collectively referred to as the �Funds�) during the period from
December 6, 2004 (January 23, 2006, in the case of the RMK
Multi-Sector High Income Fund) through February 6, 2008 (the �Class
Period�); and (c) which are effectively excluded from, or are
inadequately protected by, previously-filed class actions relating
to the Funds (the �Previous Class Actions�). The Funds and their
respective trading symbols are as follows: Regions Morgan Keegan
Select Funds: � Select High Income Fund (MKHIX, RHICX, RHIIX)
Select Intermediate Bond Fund (MKIBX, RIBCX, RIBIX) Select
Short-Term Bond Fund (MSBIX, RSTCX, MSTBX) � RMK Funds: � RMK
Advantage Income Fund (RMA) RMK High Income Fund (RMH) RMK
Multi-Sector High Income Fund (RHY) RMK Strategic Income Fund (RSF)
The Trustee ad Litem These actions are brought by a special
fiduciary (referred to as a �Trustee ad Litem�) appointed by the
Probate Court of Jefferson County, Alabama (the �Probate Court�)
for the limited and specific purposes of monitoring, evaluating,
and participating in the Previous Class Actions and taking any and
all appropriate actions on behalf of the Trusts and the Custodial
Accounts relating to the Funds. The Probate Court�s appointment of
the Trustee ad Litem resulted from Regions Bank�s conflict of
interest between its interests as a defendant in one or more of the
Previous Class Actions (and as an affiliate of other defendants in
the Previous Class Actions) on the one hand, and its interests and
duties as a fiduciary for Trusts and Custodial Accounts that
purchased, otherwise acquired, or held, shares of one or more of
the Funds on the other hand. The Probate Court�s Order dated June
9, 2008 and Amended Order Appointing Trustee ad Litem dated June
20, 2008 (the �Appointment Order�), appointed C. Fred Daniels as
Trustee ad Litem. Mr. Daniels is an attorney with substantial
experience in trust law and is a partner with the law firm of
Cabaniss, Johnston, Gardner, Dumas & O�Neal LLP. The Probate
Court proceeding is styled In re Regions Bank, d/b/a Regions Morgan
Keegan Trust, Probate Court of Jefferson County, Alabama, Case no.
200853. Additional information about the Probate Court proceeding
and the Trustee ad Litem is available at www.RMKlawsuit.com. The
Reason for Filing These Actions It is uncertain whether the
Previous Class Actions include the Trust and Custodial Accounts as
members of the respective putative classes, or otherwise adequately
protect the interests of the Trust and Custodial Accounts, and the
Trustee ad Litem therefore has filed these class actions for the
benefit of the Trust and Custodial Accounts as a precaution. By
filing these actions, neither the Trustee ad Litem nor the
Representative Plaintiff Trusts named as such in the complaints
acknowledge, contend, or assert that any of the Representative
Plaintiff Trusts or other Trusts or Custodial Accounts (or their
respective trustees, representatives, and fiduciaries) otherwise
included in the class defined above are in fact excluded from the
Previous Class Actions. Rather, these actions were filed to further
the purposes of the Appointment Order, i.e., to protect the
interests of the Trusts and Custodial Accounts. As explained in
more detail below, this notice is similarly being published as a
precaution. Allegations of the Complaints The various complaints
name as defendants Morgan Keegan Asset Management, Inc., the Funds�
investment advisor, Morgan Keegan & Company, Inc., the
distributor of the Funds� shares, their officers and directors,
Regions Financial Holdings, Inc. and their parent corporation
Regions Financial Corporation, and the Funds� accounting firm,
PriceWaterhouseCoopers LLP. The RMK Funds are also defendants in
the suits affecting those respective Funds. Not all these persons
or entities are named as defendants in all the complaints. While
there are different specific legal and factual allegations in each
of the five complaints, generally the various complaints allege
that the defendants violated the disclosure and/or anti-fraud
requirements of federal securities laws and in some instances the
Investment Company Act. The Funds and the defendants misrepresented
or failed to disclose material facts relating to (i) the nature of
the risks being assumed by an investment in the Funds, (ii) the
illiquidity of certain securities in which the Funds invested,
(iii) the extent to which the Funds� portfolios contained
securities that were illiquid or exhibited the characteristics of
illiquid securities so that they were highly vulnerable to suddenly
becoming unsalable at their estimated values at the prices at which
they were being carried on the Funds� records, (iv) the extent to
which the Funds� portfolios were subject to fair value procedures,
(v) the extent to which the values of such securities, and,
consequently, the net asset values of the Funds, were based on
estimates of value and the uncertainty inherent in such estimated
values, (vi) the concentration of investments in a single industry
and (vii) the net asset values of the Funds. The complaints allege
that as a result of the eventual disclosures and partial
disclosures of these misstatements and omissions, the prices of the
Funds declined significantly. Prices on December 6, 2004 (January
23, 2006 in the case of the RMK Multi-Sector High Income Fund),
before the true facts were known, and after the facts were known,
on February 6, 2008, were as follows: � � � � Before After
Percentage loss in value Regions Morgan Keegan Select High Income
Fund (class A shares) $10.76 $2.94 (72.7%) Regions Morgan Keegan
Select Intermediate Bond Fund (class A shares) 10.09 3.52 (65.1%)
Regions Morgan Keegan Select Short-Term Bond Fund (class A shares)
10.16 8.15 (19.8%) RMK Advantage Income Fund 15.82 4.10 (74.1%) RMK
High Income Fund 18.20 4.20 (76.9%) RMK Multi-Sector High Income
Fund 15.50 4.35 (71.9%) RMK Strategic Income Fund 16.60 3.90
(74.7%) � Purpose of This Notice This notice is being published
pursuant to the Private Securities Litigation Reform Act of 1995,
which requires that a plaintiff in a securities class action
publish a notice advising members of the purported class that,
among other things, any member of the purported class may move the
court to serve as lead plaintiff of the class. If it is determined
that the Previous Class Actions do in fact exclude or fail to
adequately protect the Trust and Custodial Accounts as members of
the respective putative classes, then it will be necessary for each
of the class actions filed by the Trustee ad Litem to proceed
through lead plaintiffs. A lead plaintiff is a representative party
that acts on behalf other class members in directing the
litigation. In this instance, the purported classes are composed of
Trusts and Custodial Accounts, many of which, as a matter of law,
can only bring the type of claims being made in these class actions
through the trustee, and therefore the Trustee ad Litem has acted
to bring these claims on their behalf. However, certain other of
the Trusts and Custodial Accounts may act through other persons,
and therefore there are persons with interests in the Trusts and
Custodial Accounts who have the legal capacity to serve as a lead
plaintiff if they choose to do so. Whether a person with an
interest in one of the affected Trusts or Custodial Accounts has
the legal capacity to serve as a lead plaintiff must be determined
on an individual basis, but generally these persons would be
co-trustees of Trusts, settlors (also known as grantors) of
revocable Trusts, or principals of Custodial Accounts. Persons who
generally do not have the legal capacity to act on behalf of the
Trust or Custodial Account in this type of matter�and who therefore
cannot serve as lead plaintiff�are beneficiaries of Trusts (whether
current beneficiaries or those who may become beneficiaries in the
future), settlors (also known as grantors) of irrevocable Trusts,
and beneficiaries or other persons with interests in Custodial
Accounts other than as principals. If (1) a Regions Morgan Keegan
Trust or Custodial Account in which you have an interest is a
member of one of the classes described above, and (2) you are a
co-trustee of a Trust, the settlor or grantor of a revocable Trust,
or a principal of a Custodial Account, you may, not later than
September 29, 2008, move the Court to serve as lead plaintiff of a
class or classes of which you (or the Trust(s) or Custodial
Account(s) you represent) are a member, if you chose to do so. To
be appointed a lead plaintiff, the Court must determine that your
Trust or Custodial Account�s claim is typical of the claims of
other class members, and that the class member will adequately
represent the class. Under certain circumstances multiple class
members may serve together as lead plaintiff. Your Trust or
Custodial Account�s ability to share in any recovery will not be
affected by the decision whether or not to serve as a lead
plaintiff. Any member of a purported class who has the legal
capacity to act on behalf of the Trust or Custodial Account(s) in
which he, she or it has an interest may move the court to serve as
lead plaintiff through counsel of their choice, or may choose to do
nothing and remain an absent class member. If it is eventually
determined that the Previous Class Actions do include and
adequately protect the Trust and Custodial Accounts as members of
the respective putative classes, and/or if the class actions filed
by the Trustee ad Litem are consolidated with the Previous Class
Actions, it is possible�and the Trustee ad Litem presently believes
this is likely�that the Trusts and Custodial Accounts will not
exist as separate classes or subclasses, and therefore there may be
no need for lead plaintiffs to represent the interests of the
Trusts and Custodial Accounts in this litigation. Additional
Information The case names and docket numbers of the lawsuits filed
by the Trustee ad Litem are: � Relating to all three of the Regions
Morgan Keegan Select Funds: C. Fred Daniels, As Trustee Ad Litem
For The George E. Von Gal III, Intervivos Q-Tip Trust Under
Agreement, et al., v. Morgan Asset Management, Inc., et al., Case
no. 2:08-cv-02454-SHM-tmp � Relating to the RMK Advantage Income
Fund: � C. Fred Daniels, as Trustee ad Litem for The Harold G.
McAbee Family Trust, et al. v. Morgan Keegan & Co., Inc., et
al., Case no. 2:08-cv-02453-SHM-tmp � Relating to the RMK High
Income Fund: C. Fred Daniels, as Trustee ad Litem for The Harold G.
McAbee Family Trust, et al. v. Morgan Keegan & Co., Inc., et
al., Case no 2:08-cv-02452-SHM-tmp � Relating to the RMK
Multi-Sector High Income Fund: C. Fred Daniels, as Trustee ad Litem
for The Alice C. Cade Trust for the Benefit of Carroll Corbin Bays,
et al., v. Morgan Keegan & Co., Inc., et al., Case no
2:08-cv-02456-SHM-tmp � Relating to the RMK Strategic Income Fund:
C. Fred Daniels, as Trustee ad Litem for KPS Group, Inc., Profit
Sharing Retirement Plan, et al. v. Morgan Keegan & Co., Inc.,
et al., Case no. 2:08-cv-02455-SHM-tmp The Trustee ad Litem may be
contacted as follows: � Trustee ad Litem for Regions Morgan Keegan
Trust and Custodial Accounts P.O. Box 830612 Birmingham, AL
35283-0612 Toll-free telephone: 1.800.253.4248 Email:
trustee@rmklawsuit.com � For additional information concerning the
class actions, contact: � Albert C. Harvey Thomason, Hendrix,
Harvey, Johnson, & Mitchell, PLLC One Commerce Square, 29th
Floor Memphis, TN 38103 Telephone 901-525-8721 Fax 901-525-6722
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