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Thursday, March 26, 2020 11:52:27 AM
As previously disclosed in the Company’s filings, in January 2016, ThermoLife International, LLC (“ThermoLife”), a former supplier of nitrates to the Company, commenced an action against the Company in the Superior Court of Arizona for Maricopa County, alleging that the Company failed to meet minimum purchase requirements contained in the parties’ supply agreement. The Company asserted a counterclaim alleging that ThermoLife’s products were defective. On September 26, 2018, the Court granted summary judgment to ThermoLife on the Company’s claims.
On November 1, 2018, the Court granted partial summary judgment for ThermoLife on its own breach of contract claim, finding that the Company was liable to ThermoLife for failing to meet its minimum purchase requirements. On October 2 and 3, 2019, the Court held a bench trial on the issue of damages. On December 4, 2019, the court entered judgment in favor of ThermoLife and against the Company, in the amount of $1,679,468.86, comprised of $893,675 in damages, interest in the amount of $350,859.25 and attorneys’ fees and costs in the amount of $434,934.61. The Company intends to seek an order vacating the court’s judgment and, if that motion is unsuccessful, intends to appeal the court’s rulings to the Arizona Court of Appeals. The Company continues to believe that ThermoLife’s claims are without merit, and intends to vigorously pursue its defenses, including on appeal.
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