20.03.2008 20:02:00
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Mannatech Reaches Settlement in Securities Class-Action Lawsuit
Mannatech, Incorporated (NASDAQ: MTEX) today announced that the Company
and counsel for the lead plaintiff have reached a settlement in the
securities class action lawsuit styled Jonathan Crowell v. Mannatech,
Inc., et al., Civil Action No. 3:07-CV-00238-K, in the United States
District Court for the Northern District of Texas ("the
litigation”). The litigation is the
consolidation of three securities class action complaints filed against
Mannatech, Incorporated, and certain of its officers and directors in
August and September 2005. The settlement class consists of the
purchasers of Mannatech stock during the period August 10, 2004 through
July 30, 2007.
This settlement, which is subject to among other things preliminary and
final Court approval, would resolve all the claims in the litigation.
Without admitting any liability or wrongdoing of any kind, the Company
has agreed to authorize payment to the plaintiff class of $11.25
million. This settlement payment would be funded by both the Company’s
insurer and the Company itself.
Because the litigation is a class action, the settlement is subject to
the preliminary approval of the Court as well as the Court’s
final approval after notice of the terms of the settlement has been
provided to all class members. Timing of the approval process is
dependent on the Court’s calendar. Relevant
purchasers of Mannatech stock have a right to opt out of the class,
class members may object to the terms of the settlement, and final
consummation of settlement must await the entry of final judgment
approving the settlement as fair to all class members. 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 4-6 month period.
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, and Germany.
Forward Looking Statements 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. Certain factors that could cause or
contribute to such differences include, among other things, the ability
of the Company to successfully finalize settlement of the litigation.
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. Mannatech, Incorporated is represented by the law firm Akin Gump
Strauss Hauer & Feld LLP.
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