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FOAMEX REACHES
AGREEMENT ON SHAREHOLDER LAWSUITS
____________________________________________
Costs to be
Covered by Company's Insurance Carrier
LINWOOD, PENNSYLVANIA,
August 1, 2000 - Foamex International Inc. (Nasdaq: FMXI), the
leading manufacturer of flexible polyurethane and advanced polymer foam
products, announced today that it had reached agreements in principle to
settle all lawsuits brought by stockholders of the company during the
past two years in Delaware state court and federal court in New York
City.
The Delaware litigation relates
to the unsuccessful attempts by Trace International Holdings, Inc. to
acquire Foamex in 1998 and 1999, as well as to certain transactions
entered into between Trace or Trace's affiliates and the company. The
federal lawsuit alleges that Foamex and certain of its directors and
officers misrepresented and/or omitted material information about the
company's financial condition between May 1998 and April 1999.
Under the terms of the
settlement of the federal court litigation, members of the class of
shareholders who purchased Foamex shares between May 7, 1998 and April
16, 1999 will receive payments as defined in the agreement. Payment to
class members in the federal action, along with plaintiffs' lawyers'
fees in the federal and Delaware actions, will be paid by Foamex's
insurance carrier on behalf of the company.
Under the terms of the
settlement of the Delaware litigation, Foamex agreed
that a special nominating
committee of the Foamex Board of Directors, consisting of Robert J. Hay
as chairman, Stuart J. Hershon, John G. Johnson, Jr., and John V. Tunney,
will nominate two independent directors to serve on the Foamex Board.
The terms of the settlement also establish the criteria for the
independence of the new directors and require that certain transactions
with affiliates be approved by a majority of the disinterested members
of the Foamex Board.
Both settlements are subject to
final documentation and court approvals, which, if obtained, will
resolve all outstanding shareholder litigation against Foamex and its
directors and officers. The settlements involve no admissions or
findings of liability or wrongdoing by Foamex or any individual. Details
about the terms of the settlements, including estimates of the amounts
payable to members of the class in the federal action, will be mailed to
affected stockholders by this Fall.
Foamex, headquartered in
Linwood, Pennsylvania, is the world's leading producer of comfort
cushioning for bedding, furniture, carpet cushion and automotive
markets. The company also manufactures high-performance polymers for
diverse applications in the industrial, aerospace, electronics and
computer industries as well as filtration and acoustical applications
for the home.
This press release contains
forward-looking information, and actual results may materially vary from
those expressed or implied herein. Factors that could affect these
results include those mentioned in the Company's reports filed with the
Securities and Exchange Commission. |