Legal Proceedings Report • Aug 3, 2017
Legal Proceedings Report
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Claim from Fusion fully settled
CLAIM FROM FUSION FULLY SETTLED
In May 2017, Fusion filed a fraud claim for USD 2.9 million
against Apptix ASA related to a software license audit claim,
plus an additional claim for USD 15.9 million in compensatory
damages.
In the Share Purchase Agreement signed with Fusion, all
representations and warranties made by Apptix ASA were
discharged at the time of closing (November 2016). Under US
law only a claim for fraud could be made post-closing.
Although the Company regarded the claim as speculative and
totally unfounded, the claim was carefully reviewed by the
Company and its legal advisors, and the Company's belief after
such review was that the claim was tenuous and groundless.
Today, Apptix ASA has reached a settlement with Fusion whereby
all claims against Apptix are withdrawn effective
immediately. While, both the Board and Apptix' legal advisors
still believe any such claim is groundless, as long as Fusion
upheld the claim it would impede any further strategic
initiatives for Apptix.
The settlement consists of a cash payment to Fusion of USD
150,000 and the return of 300,000 shares of Fusion stock,
which based on Fusion's closing price (as of August 2),
amounts to approximately USD 375,000. The aggregate settlement
amount will be approximately USD 525,000. Additionally, Apptix
incurred legal fees related to the case estimated at USD
150,000. As part of the settlement, the delivery of the
remaining 2,700,000 Fusion shares will be postponed from
November 2017 to February 2018. The settlement structure
includes a total release by Fusion of Apptix, so no further
claims can be presented in the future.
Of the total settlement costs, including legal fees, of
approximately USD 675,000, Apptix' insurance company will
reimburse approximately USD 400,000, resulting in a net
settlement cost for Apptix of approximately USD 275,000.
However, due to the reimbursement of by the Company's
insurance provider, there will not be a negative cash impact
on the company's cash reserves.
With this case now settled, the Board will regain and evaluate
new strategic initiatives for Apptix ASA.
Asker, August 3, 2017
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