4 unchanged sentences
In connection with certain of the below matters and other legal matters, we have accrued amounts that we believe are appropriate.
−Removed: There can be no assurance, however, that the above matters and other legal matters will not result in us having to make payments in excess of such accruals or that the above matters or other legal matters will not materially or adversely affect our business, financial position, results of operations, or cash flows.
+Added: There can be no assurance, however, that the below matters and other legal matters will not result in us having to make payments in excess of such accruals or that the below matters or other legal matters will not materially or adversely affect our business, financial position, results of operations, or cash flows.
Commercial Matters
3 unchanged sentences
We have also been involved in various litigation, including purported class or representative actions with respect to matters arising under the U.S.
−Removed: Fair Labor Standards Act, California Labor Code and Private Attorneys General Act (“PAGA”).
−Removed: Many involve allegations for allegedly failing to pay wages and/or overtime, failing to provide meal and rest breaks and failing to pay reporting time pay, waiting time penalties and other penalties.
+Added: Fair Labor Standards Act, California Labor Code and Private Attorneys General Act.
+Added: Many involve allegations
+Added: for allegedly failing to pay wages and/or overtime, failing to provide meal and rest breaks and failing to pay reporting time pay, waiting time penalties and other penalties.
Proceedings Relating to Take 5
−Removed: The following proceedings relate to the Take 5 Matter, which is discussed in greater detail in “ Management’s Discussion and Analysis of Financial Condition and Results of Operations — Take 5 Matter ” and “ Risk Factors — Risks Related to the Company’s Business and Industry ” in this Annual Report.
−Removed: In connection with the Take 5 Matter, we voluntarily disclosed to the United States Attorney’s Office and the Federal Bureau of Investigation certain misconduct occurring at Take 5.
−Removed: We intend to cooperate in this and any other governmental investigation that may arise in connection with the Take 5 Matter.
−Removed: At this time, we cannot predict the ultimate outcome of any investigation related to the Take 5 Matter and are unable to estimate the potential impact such an investigation may have on us.
−Removed: In August 2019, as a result of the Take 5 Matter, we provided a written indemnification claim notice to the sellers of Take 5, or the Take 5 Sellers, seeking monetary damages (including interest, fees and costs) based on allegations of breach of the asset purchase agreement (the “Take 5 APA”), as well as fraud.
−Removed: We and the Take 5 Sellers engaged in arbitration proceedings.
−Removed: In October 2022, the arbitrator made a final award in our favor.
−Removed: We are actively pursuing the collection of this award in state court in Florida.
+Added: In April 2018, we acquired the business of Take 5 Media Group (“Take 5”).
+Added: As a result of an investigation into that business in 2019 that identified certain misconduct, we terminated all operations of Take 5 in July 2019 and offered refunds to clients of collected revenues attributable to the period after our acquisition.
+Added: We refer to the foregoing as the “Take 5 Matter.” We voluntarily disclosed to the United States Attorney’s Office and the Federal Bureau of Investigation certain misconduct occurring at Take 5.
+Added: We intend to cooperate in this and any other governmental investigations that may arise in connection with the Take 5 Matter.
+Added: In October 2022, an arbitrator made a final award in our favor.
+Added: We are actively pursuing the collection of this award.
We are currently unable to estimate if or when we will be able to collect any amounts associated with this arbitration.
−Removed: The Take 5 Matter may result in additional litigation against us, including lawsuits from clients, or governmental investigations, which may expose us to potential liability in excess of the amounts being offered by us as refunds to Take 5 clients.
−Removed: We are currently unable to determine the amount of any potential liability, costs or expenses (above the amounts already being offered as refunds) that may result from any lawsuits or investigations associated with the Take 5 Matter or determine whether any such issues will have any future material adverse effect on our financial position, liquidity or results of operations.
−Removed: Although we have insurance covering certain liabilities, we cannot assure that the insurance will be sufficient to cover any potential liability or expenses associated with the Take 5 Matter.
+Added: The Take 5 Matter may result in additional litigation against us, including lawsuits from clients, or governmental investigations, which may expose us to potential liability in excess of the amounts we previously offered as refunds to Take 5 clients.
+Added: We are currently unable to determine the amount of any potential liability, costs or expenses that may result from any lawsuits or investigations associated with the Take 5 Matter or determine whether any such issues will have any future material adverse effect on our financial position, liquidity, or results of operations.
+Added: Although we have insurance covering certain liabilities, we cannot be certain that the insurance will be sufficient to cover any potential liability or expenses associated with the Take 5 Matter.
Mine Safety Disclosures.
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.