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All of our facilities are leased.
−Removed: Our corporate headquarters are located in Simi Valley, California where we lease approximately 85,000 square feet under an agreement expiring in May 2025.
−Removed: We also lease a total of 194,000 square feet of space in Simi Valley, California, which lease expires in 2022, and approximately 150,000 square feet of space in Moorpark, California, which lease expires in 2023, used to design, engineer, test and manufacture UAS.
−Removed: We also lease other facilities in Alabama, Kansas, Massachusetts and Virginia that are used for administration, research and development, logistics, testing and manufacturing.
+Added: Effective June 2021, our corporate headquarters are located in Arlington, Virginia where we lease approximately 2,000 square feet under an agreement expiring in November 2024.
+Added: We also lease a total of approximately 280,000 square feet of space in Simi Valley, California, which leases expire between 2022 and 2027, and approximately 150,000 square feet of space in Moorpark, California, which lease expires in 2023, used to design, engineer, test and manufacture UAS.
+Added: We also lease other facilities in California, Alabama, Kansas, Massachusetts, Minnesota, and Virginia that are used for administration, research and development, logistics, testing and manufacturing.
+Added: Additionally, in May 2021, we acquired Telerob which has operations in Pennsylvania and Stuttgart, Germany.
We believe that our facilities are in good condition and are adequate and suitable to meet our needs for the foreseeable future.
+Added: As of April 30, 2021, our business segments had significant operations at the following locations:
+Added: Simi Valley, CA;
+Added: Moorpark, CA;
+Added: Huntsville, AL;
+Added: Lawrence, KS;
+Added: Wilmington, MA;
+Added: and Minneapolis, MN
+Added: Petaluma, CA and Rohnert Park, CA
+Added: Arlington, VA and Simi Valley, CA
Legal Proceeding s.
On February 22, 2019, Webasto filed a lawsuit, which was subsequently amended on April 5, 2019, against us in Delaware Superior Court, arising from the sale of the EES Business to Webasto in June 2018.
−Removed: The lawsuit generally alleges several claims against us for breach of contract, indemnity, declaratory judgment, and fraud and misrepresentation, including allegations regarding inaccuracy of certain diligence disclosures, failure to provide certain consents to contract assignments and related to the previously announced recall.
+Added: Webasto again amended the complaint in May 2021 to include additional claims.
+Added: The lawsuit generally alleges several claims against us for breach of contract, indemnity, declaratory judgment, and fraud and misrepresentation, including allegations regarding inaccuracy of certain diligence disclosures, financial disclosures, failure to provide certain consents to contract assignments and related to the previously announced recall.
Webasto seeks to recover the costs of the recall and other damages totaling over $100 million in addition to attorneys’ fees, costs, and punitive damages.
−Removed: Additionally, Webasto is seeking a declaratory judgment that we did not meet the requirements to receive the additional $6.5 million of the purchase price which was held back at the closing of the transaction (the “Holdback Amount”).
−Removed: On August 16, 2019, we filed our answer to Webasto’s complaint and a counterclaim against Webasto seeking payment of the Holdback Amount and declaratory relief regarding Webasto’s cancellation of an assigned contract.
+Added: Additionally, Webasto is seeking a declaratory judgment that we did not meet the requirements to receive the additional $6.5 million of the
+Added: purchase price which was held back at the closing of the transaction (the “Holdback Amount”).
+Added: On August 16, 2019, we filed our answer to Webasto’s amended complaint filed in April 2019 and a counterclaim against Webasto seeking payment of the Holdback Amount and declaratory relief regarding Webasto’s cancellation of an assigned contract.
+Added: We have not yet filed an answer to Webasto’s amended complaint filed in May 2021.
As to the Webasto lawsuit, our initial evaluation is that many of the allegations are meritless and that we lack sufficient information to fully analyze other allegations at this time.
−Removed: Discovery in this lawsuit has begun and is ongoing and, as of June 17, 2020, a trial has been set for July 14, 2021.
−Removed: At present, the parties remain in the written phase of discovery.
−Removed: Due to nationwide court closures and restrictions resulting from the global COVID-19 pandemic, however, we expect to seek and obtain a trial continuance to account for pandemic-related delays, and therefore anticipate a new trial date in 2022.
−Removed: We continue to mount a vigorous defense.
−Removed: On August 14, 2019, Benchmark Electronics, Inc.
−Removed: (“Benchmark”), the company that assembled the products subject to the recall, served a demand for arbitration to AeroVironment and Webasto pursuant to its contracts with AeroVironment and Webasto, respectively.
+Added: Discovery in this lawsuit is ongoing and, as of the date if this filing, parties are negotiating a new trial date, likely to occur sometime in 2022.
+Added: At present, the parties continue the written phase of discovery and have begun taking depositions.
+Added: We expect nationwide court closures and restrictions resulting from the global COVID-19 pandemic to continue easing, but we expect the possibility of another trial continuance to account for pandemic-related delays, and therefore trial could be pushed into 2023.
+Added: In order to avoid the future cost, expense, and distraction of continued litigation, we have engaged in settlement negotiations with Webasto.
+Added: The negotiations did not result in a settlement of any of our or Webasto’s claims, however, we were required to establish reserve related to this litigation as a result of our good faith offer to settle the claims.
+Added: The offer and resulting reserve do not reflect our view of the merits of the claims made in the litigation, and we continue to vigorously defend all claims.
+Added: On August 14, 2019, Benchmark, the company that assembled the products subject to the recall, served a demand for arbitration to AeroVironment and Webasto pursuant to its contracts with AeroVironment and Webasto, respectively.
In December 2019, Benchmark dismissed, without prejudice, all claims against us in the demand for arbitration.
The recall remains a significant part of our pending litigation with Webasto.
+Added: In January 2021, Webasto also filed a lawsuit against Area 51, the subcontracted supplier of the part that allegedly led to the recall.
+Added: That case is in the early stages in Orange County Superior Court.
+Added: Any recovery that Webasto may obtain from Area 51 will likely be an offset to any recovery Webasto might obtain from us in our lawsuit.
We are subject to lawsuits, government investigations, audits and other legal proceedings from time to time in the ordinary course of our business.
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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.