+Added: LEGAL PROCEEDINGS
On August 2, 2019, the Company filed suit
−Removed: in Jefferson Circuit Court, Kentucky, against a supplier of Allure for breach of contract, breach of warranty, and negligence
−Removed: with respect to equipment installations performed by such supplier for an Allure customer.
−Removed: On October 10, 2019, the Allure customer that is the basis of
−Removed: our claim above sent a demand to the Company for payment of $3,200 as settlement for an alleged breach of contract related to hardware
−Removed: failures of equipment installations performed by Allure between November 2017 and August 2018, before our acquisition of Allure.
−Removed: The suits filed by and against Allure were consolidated in the Jefferson Circuit Court, Kentucky in January 2020.
−Removed: These consolidated
−Removed: cases remain in the early stages of litigation and, as a result, the outcome of each and the allocation of liability, if any, remain
−Removed: unclear, so the Company is unable to reasonably estimate the possible liability, recovery, or range of magnitude for either the
−Removed: liability or recovery, if any, at the time of this filing.
−Removed: The Company has notified its insurance company of potential
−Removed: claims and continues to evaluate both the claim made by the customer and potential avenues for recovery against third parties should
−Removed: the customer prevail.
−Removed: On February 20, 2020, the Company and Allure filed a demand
−Removed: for arbitration against Seller (Christie Digital Systems, Inc.) for breach of contract, indemnification, and fraudulent misrepresentation
−Removed: under the Purchase Agreement.
−Removed: This demand included a claim for the right to offset the amounts owing under the Amended and Restated
−Removed: Seller Note due February 20, 2020.
−Removed: On February 27, 2020, Seller sent the Company a notice of breach for failure to pay the Amended
−Removed: and Restated Seller Note on the maturity date of February 20, 2020 and demanding immediate payment.
−Removed: We continue to assert the offset
−Removed: right under the Purchase Agreement and Amended and Reseller Note.
−Removed: regarding legal proceeding can be found in Note 10 Commitments and Contingencies to the Company’s Consolidated Financial
−Removed: SAFETY DISCLOSURES
+Added: in Jefferson Circuit Court, Kentucky, against a supplier of Allure for breach of contract, breach of warranty, and negligence with
+Added: respect to equipment installations performed by such supplier for an Allure customer.
+Added: On October 10, 2019, the Allure customer
+Added: that is the basis of our claim above sent a demand to the Company for payment of $3,200 as settlement for an alleged breach of
+Added: contract related to hardware failures of equipment installations performed by Allure between November 2017 and August 2018, before
+Added: our acquisition of Allure.
+Added: The suits filed by and against Allure were consolidated in the Jefferson Circuit Court, Kentucky in
+Added: January 2020.
+Added: These consolidated cases remain in the early stages of litigation and, as a result, the outcome of each and the allocation
+Added: of liability, if any, remain unclear, so the Company is unable to reasonably estimate the possible liability, recovery, or range
+Added: of magnitude for either the liability or recovery, if any, at the time of this filing.
+Added: The Company has notified its insurance company
+Added: of potential claims and continues to evaluate both the claim made by the customer and potential avenues for recovery against third
+Added: parties should the customer prevail.
+Added: On February 20, 2020, the Company and Allure
+Added: filed a demand for arbitration against Seller (Christie Digital Systems, Inc.) for breach of contract, indemnification, and fraudulent
+Added: misrepresentation under the Purchase Agreement executed in connection with our acquisition of Allure.
+Added: This demand includes a claim
+Added: for the right to offset the amounts owing under the Amended and Restated Seller Note due February 20, 2020.
+Added: On February 27, 2020,
+Added: Seller sent the Company a notice of breach for failure to pay the Amended and Restated Seller Note on the maturity date of February
+Added: 20, 2020 and demanding immediate payment.
+Added: In December 2020, the parties entered a pre-arbitration mediation process in an effort
+Added: to settle the litigation, which remains ongoing as of the date of this report.
+Added: We continue to assert the offset right under the
+Added: Purchase Agreement and Amended and Reseller Note.
+Added: Information regarding legal proceeding can
+Added: be found in Note 9 Commitments and Contingencies to the Company’s Consolidated Financial Statements.
+Added: MINE SAFETY DISCLOSURES
+Added: Not applicable.
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.