Delaware
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0-10593
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11-2481093
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(State
or Other
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(Commission
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(IRS
Employer
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Jurisdiction
of
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File
Number)
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Identification
No.)
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Incorporation)
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1450
Broadway, New York, NY
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10018
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(Address
of Principal Executive
Offices)
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(Zip
Code)
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1) |
entered
judgment in favor of the Company against Hubert Guez and his related
entity, Apparel Distribution Services, LLC (“ADS”), in the amount of
approximately $13 million (including pre-judgment interest);
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2) |
upheld
an aggregate of approximately $7 million of the jury’s verdicts against
two other Guez related entities -- Azteca Production International,
Inc.
(“Azteca”) and Sweet Sportswear, LLC (“Sweet” and, collectively with ADS
and Azteca, the “Guez Entities”); however, judgment against these entities
was not entered pending the resolution of appeals and, potentially,
subsequent proceedings;
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3) |
upheld
the jury’s verdict against all of the cross-claims of the Guez Entities,
including without limitation ADS’s and Azteca’s unsuccessful efforts to
recover against Unzipped any account balances claimed to be owed, totaling
approximately $3.5 million (including
interest);
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4) |
upheld
the jury’s verdict in favor of the Company relating to its writedown of
the senior subordinated note due 2012, issued by the Company to Sweet
in
connection with the Company’s acquisition of Unzipped (the “Sweet Note”)
for Unzipped’s Fiscal Year 2004 and disallowed its writedown of the Sweet
Note for Unzipped’s Fiscal Year 2005. The current balance of the Sweet
Note is estimated to be approximately $12 million (including unpaid
interest), without regard to offsets or the outcome of appeals. The
Company believes that the balance of the Sweet Note will be offset
in its
entirety by amounts recoverable against Guez and the Guez
Entities.
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5) |
directed
the Company to file, on or before November 30, 2007, a petition to
recover
its fees and costs relating to the Unzipped Litigation. As the prevailing
party in the litigation, pursuant to fee-shifting contract provisions
among other things, the Company will seek to recover in excess of $10
million against Guez and the Guez Entities. The hearing on that petition
is scheduled to occur on March 7, 2008.
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