Everlast Press Release
August 03 2007 - 4:04PM
Business Wire
Everlast� Worldwide Inc. (Nasdaq: EVST) announced today that it has
entered into a settlement agreement with Hidary Group Acquisitions,
LLC and Hidary Group Acquisitions, Inc. The settlement provides for
the dismissal, with prejudice, of Hidary�s lawsuit against
Everlast, which sought to block Everlast�s pending merger agreement
to be acquired by Brands Holdings Limited. Pursuant to the terms of
the settlement, among other things, Everlast has agreed to limit
the discovery it may take from Hidary in connection with certain
stockholder litigation, and Everlast agreed to publicly reaffirm
its board�s commitment to comply with its fiduciary
responsibilities, as set forth below. Pursuant to the terms of the
merger agreement, the Board of Directors of Everlast remains free
to consider unsolicited acquisition proposals. Additionally, as
Everlast has previously disclosed, there is no agreement between
Everlast and Hidary that would prohibit Hidary from commencing a
non-coercive tender offer for Everlast�s shares. The Everlast Board
has been and remains committed to obtaining the best transaction
reasonably available to its stockholders, as it is required to
under Delaware law. In the event that any entity (including Hidary)
makes an unsolicited acquisition proposal or commences a
non-coercive tender offer for Everlast�s shares, the Everlast Board
will, as it has done in the past, comply with its fiduciary duties
under Delaware law in evaluating and responding to any such
proposal or tender offer. About Everlast Worldwide Inc. Everlast
Worldwide Inc. is a leading designer, manufacturer and marketer of
boxing and fitness related sporting goods equipment under the
well-recognized Everlast brand name and a worldwide licensor of the
Everlast brand for apparel, footwear, sporting goods equipment and
other active lifestyle products and accessories. Since 1910,
Everlast has been the preeminent brand in the world of boxing and
among the most recognized brands in the overall sporting goods and
apparel industries. In order to capitalize on the rich heritage and
authenticity of the Everlast brand, the company has extended the
Everlast brand outside of the boxing ring into complementary
product categories. Our strategy is to continue to leverage the
unique qualities represented by the Everlast brand�Strength,
Dedication, Individuality and Authenticity � to become a leading
global athletic brand and a necessary part of the lives of
consumers who train, compete and live an active lifestyle.
Statements made in this Press Release that are estimates of past or
future performance are based on a number of factors, some of which
are outside of the Company's control. Statements made in this Press
Release that state the intentions, beliefs, expectations or
predictions of Everlast Worldwide, Inc. and its management for the
future are forward-looking statements. It is important to note that
actual results could differ materially from those projected in such
forward-looking statements. Information concerning factors that
could cause actual results to differ materially from those in
forward-looking statements is contained from time to time in
filings of Everlast Worldwide with the U.S. Securities and Exchange
Commission. Copies of these filings may be obtained by contacting
Everlast Worldwide or the SEC.
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