Intermix Media Announces Closing of Focalex Acquisition and Provides Update on Stockholder Litigation
2004年11月8日 - 10:30PM
PRニュース・ワイアー (英語)
Intermix Media Announces Closing of Focalex Acquisition and
Provides Update on Stockholder Litigation LOS ANGELES, Nov. 8
/PRNewswire-FirstCall/ -- Intermix Media, Inc. (AMEX: MIX)
announced today that it has consummated its acquisition of
Massachusetts- based Focalex, Inc., an Internet advertising and
affiliate marketing company. Under the terms of the acquisition
agreement previously announced by Intermix on October 12, 2004, the
Company will pay Focalex stockholders aggregate acquisition
consideration of $4.3 million consisting of approximately $2.6
million in cash and 548,000 shares of Intermix Media common stock.
Intermix Media also provided an update today on its pending
stockholder litigations matters. On October 1, 2004, the Company's
motion to dismiss the consolidated derivative action pending
against the Company and various of its current and former officers
and directors in Los Angeles Superior Court was granted and the
lawsuit was dismissed. Plaintiffs may appeal the decision of the
Court, but to date, have not filed notice of their intent to do so.
In addition, the Company announced today that an agreement in
principle has been reached to settle a consolidated securities
class action case pending in U.S. District Court in Los Angeles.
The lead plaintiff and the Company have agreed to settle the
lawsuit for $5.5 million in cash. The Company's insurance carriers
have conditionally agreed to fund the entire settlement.
Consummation of the settlement is conditioned on agreement by the
parties to the additional terms and conditions of a stipulation of
settlement and upon the Court's acceptance and approval of the
settlement. "The anticipated resolution of the class action lawsuit
is another important milestone in the turn-around of Intermix
Media," said Richard Rosenblatt, Chief Executive Officer. "This
settlement is an important step toward removing obstacles that
could hinder the growth of the business and the enhancement of
stockholder value, and is not an admission of guilt or wrongdoing
in any respect." ABOUT INTERMIX Intermix Media is a leading online
media and entertainment company that leverages proprietary
technologies, analytical marketing tools, and unique viral and user
generated content across its vast online network and develops
ecommerce brands. Intermix Media operates through two business
units -- the Intermix Network and Alena. The Intermix Network
reaches over 15 million consumers each month through more than 50
websites grouped into three main categories: social networking,
casual gaming and viral entertainment. MySpace.com is the
Internet's leading social networking site with over 4.7 million
members. Grab.com, Intermix's premier gaming site, is the first and
most comprehensive self-governing casual gaming site. In addition,
Intermix Network users share over 500,000 pieces of content per day
making it one of the most shared content destinations on the Web.
Beginning with the Intermix Network, Alena utilizes the Internet to
provide a complete start-to-finish solution for bringing new
products to market through a unique integration of proprietary
technologies and analytical marketing. SAFE HARBOR STATEMENT This
press release contains forward-looking statements that involve
risks, uncertainties and assumptions about the matters discussed.
No assurances can be given that the future results or events
covered by such forward-looking statements will be achieved or that
the settlement described herein will be consummated, and we assume
no obligation to update any such forward-looking statements. The
factors which could cause actual results or events to differ
materially from those suggested by any such statements include,
among others, those discussed in the Company's Quarterly Report on
Form 10-Q for the quarter ended June 30, 2004, as well as the
following additional factors: the risk that the Company, lead
plaintiff in the class action lawsuit and/or any of the other
defendants in the lawsuit cannot agree on the additional terms and
conditions of the settlement to be negotiated and documented in
connection with presenting such settlement to the Court for
approval; the risk that the Court declines to approve the
settlement as a full and final compromise of the claims of the
stipulated class of plaintiffs; the risk that a number of members
of the class covered by the settlement choose to opt out of the
settlement thereby triggering a right of the Company to terminate
the settlement; the risk that the Company's insurance carriers fail
or refuse for any reason to fund the settlement; and the risk that
the Company's excess D&O carrier elects to challenge its
obligation to provide coverage for settlement of the class action
lawsuit and seeks reimbursement for such amounts from the Company.
The preceding matters constitute cautionary statements identifying
important factors with respect to such forward-looking statements,
including certain risks and uncertainties that could cause actual
results to vary materially from the future results covered in such
forward-looking statements. Other factors could also cause actual
results to vary materially from the future results covered in such
forward-looking statements. Contact: Bennet Ratcliff, Westhill
Partners (310) 806-6200 DATASOURCE: Intermix Media, Inc. CONTACT:
Bennet Ratcliff, Westhill Partners, +1-310-806-6200, , for Intermix
Media, Inc.
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