24.01.2008 21:01:00
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Apollo Group, Inc. Provides Clarification in Regard to Recent Jury Verdict
Apollo Group, Inc. (Nasdaq: APOL) ("Apollo
Group” or "the
Company”) today provided clarification on
certain matters in regard to the verdict returned on January 16, 2008,
by a Phoenix jury in a consolidated securities class action suit brought
by the Policemen’s Annuity and Benefit Fund of
Chicago.
The case, tried in federal district court in Arizona, was premised on
Apollo’s supposed failure to disclose
unsubstantiated allegations from a preliminary government report. The
jury awarded damages of $5.55 for each share of common stock in the
class suit. The Company intends to pursue any and all remedies that may
be available to reverse or reduce this damage award, including, if
necessary, appealing the judgment once that judgment is issued by the
court. The class is defined as shareholders who purchased shares after
February 27, 2004, and still owned the shares on September 14, 2004. The
actual amount of damages payable cannot be determined until notices are
published and shareholders present valid claims. This process will take
several months to complete; thus the actual amount of damages is not yet
known. Plaintiffs have estimated that there are approximately 30 to 50
million shares in the class. Based on the plaintiffs’
estimate, the damages would range between $166.5 million and $277.5
million. The Company will undertake a process to estimate the total
liability associated with this jury verdict and intends to record its
best estimate of the potential loss, including estimate future legal and
other costs, in its second quarter of fiscal 2008.
Liability in the case is joint and several, which means that each
defendant, including the Company, is liable for the entire amount of the
judgment. As a result, Apollo Group will be responsible for posting any
bond associated with its appeal and, if finally adjudicated, payment of
the full amount of damages as ultimately determined. The Company does
not expect to receive material amounts of insurance proceeds from its
insurers to satisfy any amounts ultimately payable to the plaintiff
class. In addition, although the insurers have made or are expected to
make payments under the policy for defense costs, including legal fees,
incurred of approximately $25 million, the insurers have not waived
their rights to object to the coverage. Nonetheless, from a liquidity
perspective, as of November 30, 2007, the Company had $590.5 million of
cash, cash equivalents, and marketable securities, excluding restricted
cash, and continues to generate positive cash flow. The Company believes
payment of any ultimate liability will not have a material adverse
effect on its business or cash flows.
With respect to the Company's recently announced credit facility, entry
of the judgment will preclude the Company from obtaining extensions of
credit under such facility until the judgment is stayed or discharged.
If the judgment is not stayed or discharged within 60 days, it will
constitute an event of default under the credit facility which would
allow the lenders thereunder to terminate such facility. The Company
expects to cause the judgment to be stayed by filing any necessary bond
in a timely manner. There have not been any extensions of credit under
the arrangement.
During trial, Apollo Group presented evidence demonstrating that the
Company acted responsibly, consulted with professional advisors as
appropriate, and at all times communicated truthfully to the market. The
Company believes the jury’s verdict in this
case is not supported by the facts or the law, and, as stated above,
intends to pursue its available remedies vigorously, including various
motions for post-trial relief and an appeal. Currently, the Company is
awaiting the court’s formal judgment. After
the judgment is entered, the Company will file post-trial motions and,
if necessary, a notice of appeal.
The Company does not intend to disclose additional information about the
litigation at this time and, therefore, will not be taking media calls.
About Apollo Group, Inc.
Apollo Group, Inc. has been an education provider for more than 30
years, providing academic access and opportunity to students through its
University of Phoenix, Institute for Professional Development, College
for Financial Planning, Western International University, Insight
Schools and Apollo Global. It also owns Aptimus, a provider of
innovative digital media solutions. The Company's distinctive
educational programs and services are provided at the high school,
college and graduate levels at 256 locations in 40 states and the
District of Columbia; Puerto Rico; Alberta and British Columbia, Canada;
Mexico and the Netherlands, as well as online, throughout the world.
For more information about Apollo Group, Inc. and its subsidiaries, call
(800) 990-APOL or visit Apollo on the company website at: www.apollogrp.edu.
Forward-Looking Safe Harbor
Statements in this press release regarding Apollo Group’s
business outlook, future financial and operating results, litigation
exposure, and overall future prospects, are forward-looking statements,
and are subject to the Safe Harbor provisions created by the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements are based on current information and expectations and involve
a number of risks and uncertainties. Actual results may differ
materially from those projected in such statements due to various
factors. For a discussion of the various factors that may cause actual
results to differ materially from those projected, please refer to the
risk factors and other disclosures contained in Apollo Group’s
previously filed Form 10-K, Forms 10-Q, and other filings with the
Securities and Exchange Commission.
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