13.06.2008 13:25:00
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Mannatech Reaches Settlement in Derivative Shareholder Lawsuits
Mannatech, Incorporated (NASDAQ: MTEX), a leading developer and provider
of dietary supplements and skin care solutions, today announced that the
Company and counsel for shareholders Duncan Gardner, Norma Middleton,
Frances Nystrom, and Kelly Schrimpf have reached a settlement in the
derivative lawsuits filed by each shareholder. The lawsuits included in
these settlements are currently pending in the United States District
Court for the Northern District of Texas, the 162nd Judicial District
Court for Dallas County, Texas, and the 66th Judicial District Court for
Dallas County, Texas.
This settlement, which is subject to preliminary and final Court
approval, would resolve all the claims in the litigation. Without
admitting any liability or wrongdoing of any kind, Mannatech has agreed
to make, or has already made, certain corporate governance changes and
pay $850,000 in attorney’s fees to plaintiffs’
counsel in the five cases. The settlement payment will be funded by the
company’s insurer.
"This settlement is yet another positive step
for Mannatech in terms of addressing outstanding legal matters,”
said Keith Clark, senior vice president and general counsel at
Mannatech. "This agreement, coupled with the
company’s successful outcomes in the patent
infringement and securities class action lawsuits, furthers Mannatech’s
ability to focus on growth.”
Stephen Fenstermacher, senior vice president and CFO of Mannatech,
added, "We are pleased by this outcome, and
will continue efforts to resolve any outstanding issues. Mannatech now
has the team and processes in place to drive domestic sales as well as
continued international growth and expansion into target markets.”
The derivative lawsuits consist of two sets of lawsuits filed on behalf
of Mannatech against certain current and former officers and directors
of the Company. The first set consists of three lawsuits filed between
October 2005 and January 2006, and the second set consists of two
additional lawsuits filed in April and July 2007.
Because the derivative litigation consists of shareholder derivative
lawsuits, the settlement is subject to approval of the Court. Timing of
the approval process is dependent upon the Court’s
calendar. Relevant shareholders of Mannatech stock have a right to
object to the terms of the settlement, and final consummation of the
settlement must await the entry of final judgment approving the
settlement. However, such settlements are not uncommonly approved
without material modification and, barring any unusual developments, the
Company expects that this approval process will be completed within a
four to six month period.
Mannatech is represented by the law firm Akin Gump Strauss Hauer & Feld
LLP.
About Mannatech
Mannatech, Incorporated, is a global wellness solutions provider of
innovative, high-quality, proprietary nutritional supplements, topical
and skin care products, and weight management products sold through
independent associates and members located in the United States and the
international markets of Canada, Australia, the United Kingdom, Japan,
New Zealand, the Republic of Korea, Taiwan, Denmark, Germany, and South
Africa.
Please Note: This release contains "forward-looking
statements” within the meaning of Section 27A
of the Securities Act of 1933, as amended, Section 21E of the Securities
Exchange Act of 1934, as amended, and the Private Securities Litigation
Reform Act of 1995. These forward-looking statements generally can be
identified by use of phrases or terminology such as "intend”
or other similar words or the negative of such terminology. Similarly,
descriptions of Mannatech’s objectives,
strategies, plans, goals or targets contained herein are also considered
forward-looking statements. Mannatech believes this release should be
read in conjunction with all of its filings with the United States
Securities and Exchange Commission and cautions its readers that these
forward-looking statements are subject to certain events, risks,
uncertainties, and other factors. Some of these factors include, among
others, Mannatech’s inability to attract and
retain associates and members, increases in competition, litigation,
regulatory changes, and its planned growth into new international
markets. Although Mannatech believes that the expectations, statements,
and assumptions reflected in these forward-looking statements are
reasonable, it cautions readers to always consider all of the risk
factors and any other cautionary statements carefully in evaluating each
forward-looking statement in this release, as well as those set forth in
its latest Annual Report on Form 10-K and Quarterly Report on Form 10-Q,
and other filings filed with the United States Securities and Exchange
Commission, including its current reports on Form 8-K. All of the
forward-looking statements contained herein speak only as of the date of
this release.
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