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Friday, August 21, 2015 3:53:57 PM
The D&O Litigation was settled and such settlement was approved by the Bankruptcy Court for the District of Delaware in December 2014. Such settlement resulted in, among other things, a payment to the Trust of approximately $37 million, which amount constitutes Litigation Proceeds, of which the Trust disbursed $8,321,624.59 to the Company on June 23, 2015. In addition, pursuant to the settlement of the D&O Litigation, $3 million of the $37 million was placed in a segregated reserve account to be administered by a third party. Based on disclosures by the Trust in a Form 8-K filed by the Trust with the SEC on June 1, 2015, funds may be released from the reserve to the Trust if and when certain designated conditions are satisfied. If and when these funds are released to the Trust, and to the extent the Company is entitled to receive such funds in accordance with the Plan, it is anticipated that the Trust will make payments to the Company in an amount equal to the Company’s share of Litigation Proceeds as provided under the Plan. Due to the contingent nature of the reserve, however, there can be no assurance that the Company will receive additional funds from the reserve.
http://www.sec.gov/Archives/edgar/data/933136/000119312515239575/d948466d8k.htm
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