Business Services Industry
Arrow Electronics Receives Adverse Opinion in Bankruptcy Proceeding
Business Wire, March 10, 2008
MELVILLE, N.Y. -- Arrow Electronics, Inc. (NYSE:ARW) announced that an opinion has been rendered in a bankruptcy proceeding (Bridge Information Systems, et. anno v. Merisel Americas, Inc. & MOCA.) in favor of Bridge Information Systems ("Bridge"), the estate of a former Global Enterprise Computing Solutions ("ECS") customer that declared bankruptcy in 2001. The proceeding is related to sales made by the MOCA division of ECS in 2000 and early 2001.
The administrator of the Bridge estate had sought the return of approximately $24.0 million plus interest with respect to allegedly preferential payments made to MOCA, a company Arrow purchased from Merisel Americas in the fourth quarter of 2000, shortly before Bridge declared bankruptcy. In the opinion, the Bankruptcy Court found that a total of $12.5 million of the payments received were preferential, and must be returned to Bridge.
Arrow intends to continue to defend its position through post-trial motions and an appeal if necessary. This amount will be accrued in the first quarter of 2008 and therefore impact the comparability of the company's results.
Arrow Electronics (www.arrow.com) is a global provider of products, services and solutions to industrial and commercial users of electronic components and enterprise computing solutions. Headquartered in Melville, New York, Arrow serves as a supply channel partner for approximately 700 suppliers and 140,000 original equipment manufacturers, contract manufacturers and commercial customers through a global network of more than 300 locations in 50 countries and territories.
Safe Harbor
The Private Securities Litigation Reform Act of 1995 provides a "safe harbor" for forward-looking statements. This press release includes forward-looking statements, including statements addressing future financial results. These statements are subject to a number of risks and uncertainties that could cause actual results or facts to differ materially from such statements for a variety of reasons including, but not limited to: industry conditions, the company's implementation of its new global financial system and the company's planned implementation of its new enterprise resource planning system, changes in product supply, pricing and customer demand, competition, other vagaries in the global components and global ECS markets, changes in relationships with key suppliers, increased profit margin pressure, the effects of additional actions taken to become more efficient or lower costs, the company's ability to generate additional cash flow and the other risks described from time to time in the company's reports to the Securities and Exchange Commission (including the company's Annual Report on Form 10-K and Quarterly Reports on Form 10-Q). Forward-looking statements are those statements, which are not statements of historical fact. These forward-looking statements can be identified by forward-looking words such as "expects," "anticipates," "intends," "plans," "may," "will," "believes," "seeks," "estimates," and similar expressions. Shareholders and other readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. The company undertakes no obligation to update publicly or revise any of the forward-looking statements.
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