FOAMEX L P
8-K, EX-99, 2000-08-07
PLASTICS FOAM PRODUCTS
Previous: FOAMEX L P, 8-K, 2000-08-07
Next: UROPLASTY INC, 10QSB, 2000-08-07




[GRAPHICS OMITTED]


                                        Press Release



FOR IMMEDIATE RELEASE                   Contact:  Martha A. Buckley
                                                  Foamex International Inc.
                                                  (610) 859-2952



            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.
                                    - more -


<PAGE>

                                                                               2

      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. For
more information visit the Foamex web site
at http://www.foamex.com.

      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.

                                 # # #



© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission