LAKE FOREST, Calif.--(BUSINESS WIRE)--April 25,
2006--Liquidmetal(R) Technologies, Inc. (OTCBB:LQMT) announced today
that it has reached agreements in principle to settle the Company's
previously-disclosed consolidated securities class action and
shareholder derivative actions.
If approved by the courts, the agreements would settle the
consolidated class action litigation entitled Primavera Investors v.
Liquidmetal Technologies, Inc., et al., the consolidated shareholder
derivative actions entitled Brian Clair, Derivatively on Behalf of
Liquidmetal Technologies, Inc. v. John Kang, et al. and Joseph Durgin,
Derivatively on Behalf of Liquidmetal Technologies, Inc. v. John Kang,
et al., and the shareholder derivative action entitled Robert Story v.
John Kang, et al., pending in the United States District Court for the
Middle District of Florida, Tampa Division, the Superior Court of
Orange County, California, and the United States District Court for
the Middle District of Florida, Tampa Division, respectively. The
consolidated class action arose from a number of lawsuits filed in
2004 under the federal securities laws against Liquidmetal and certain
of its former and current directors and officers. The derivative
actions also arose from lawsuits originally filed in 2004 and were
based upon the same facts and circumstances underlying the class
action.
As part of the agreements, Liquidmetal's directors' and officers'
liability insurance carriers will contribute a total of $7.5 million
to settle all of the actions: $7,025,000 for the consolidated class
action and $475,000 for the two derivative actions. The funds paid to
settle the consolidated class action will be principally paid into an
escrow account within a specified period of time after the federal
court grants preliminary approval of the settlement. The funds will be
disbursed to certain purchasers of Liquidmetal securities according to
a distribution plan to be devised and approved by the federal court.
In addition, Liquidmetal will commit to maintaining or implementing
various corporate governance measures in connection with the
settlement of the derivative actions.
Taking into account the insurance contribution, the net cost of
the settlement to the company should be approximately $500,000, which
is the insurance deductible the company paid over several quarters
ending in the third quarter of 2005, and which the company previously
recorded as a charge.
About Liquidmetal Technologies, Inc.
Liquidmetal Technologies, Inc. (http://www.liquidmetal.com) is the
leading developer, manufacturer, and marketer of products made from
amorphous alloys. Amorphous alloys are unique materials that are
characterized by a random atomic structure, in contrast to the
crystalline atomic structure possessed by ordinary metals and alloys.
Bulk Liquidmetal(R) alloys are two to three times stronger than
commonly used titanium alloys, harder than tool steel, and relatively
non-corrosive and wear resistant. Bulk Liquidmetal alloys can also be
molded into precision net-shaped parts similar to plastics, resulting
in intricate and sophisticated engineered designs. Liquidmetal
Technologies is the first company to produce amorphous alloys in
commercially viable bulk form, enabling significant improvements in
products across a wide array of industries. The combination of a super
alloy's performance coupled with unique processing advantages
positions Liquidmetal alloys for what the company believes will be The
Third Revolution(TM) in material science.
This press release may contain "forward-looking statements" that
involve risks and uncertainties, including statements regarding our
anticipated financial results, as well as our plans, future events,
objectives, expectations, forecasts, and the assumptions on which
those statements are based. Any statement in this press release that
is not a statement of historical fact is a forward-looking statement,
and in some cases, words such as "believe," "estimate," "project,"
"expect," "intend," "may," "anticipate," "plans," "seeks," and similar
expressions identify forward-looking statements. These statements
involve risks and uncertainties that could cause actual outcomes and
results to differ materially from the anticipated outcomes or result,
and undue reliance should not be placed on these statements. These
risks and uncertainties include: unforeseen events that could further
delay completion of the company's ongoing audit process; pending
litigation against the company and its potential outcome; our limited
operating history in developing and manufacturing products from bulk
amorphous alloys; the adoption of our alloys by customers; the
commercial success of our customers' products; our ability to
identify, develop, and commercialize new applications for our alloys;
competition with suppliers of incumbent materials; the development of
new materials that render our alloys obsolete; the ability to manage
our anticipated growth; our limited direct experience in manufacturing
bulk alloy products; scaling-up our manufacturing facilities;
protecting our intellectual property; problems associated with
manufacturing and selling our alloys outside of the United States; and
other risks and uncertainties discussed in filings made with the
Securities and Exchange Commission (including risks described in
subsequent reports on Form 10-Q, Form 10-K, Form 8-K, and other
filings). Liquidmetal Technologies disclaims any intention or
obligation to update or revise any forward-looking statements, whether
as a result of new information, future events, or otherwise.