1 unchanged sentence
We are subject to litigation, claims, investigations and audits arising from time to time in the ordinary course of our business.
−Removed: Although legal proceedings are inherently unpredictable, we believe that we have valid defenses with respect to those matters currently pending against us and intend to defend our self vigorously.
+Added: Although legal proceedings are inherently unpredictable, we believe that we have valid defenses with respect to those matters currently pending against us and intend to defend ourself vigorously.
The outcome of these matters, individually and in the aggregate, is not expected to have a material impact on our cash flows, results of operations, or financial position.
−Removed: On June 23, 2021, Embedded Reps of America, LLC (“ERA”), a former sales representative, and James Mazzola, a principal of ERA, filed for binding arbitration related to the termination of ERA’s sales representative agreement raising multiple claims that aggregate to approximately $9 million in direct damages, with treble damages requested on a number of those claims.
+Added: In June 2021, Embedded Reps of America, LLC (“ERA”), a former sales representative, and James Mazzola, a principal of ERA, filed for binding arbitration related to the termination of ERA’s sales representative agreement raising multiple claims that aggregate to approximately $9 million in direct damages, with treble damages requested on a number of those claims.
ERA was a sales representative of Themis when Themis was acquired by Mercury.
The sales representative agreement provided for termination by either party upon 30 days written notice with ERA entitled to commissions for orders obtained by ERA with product shipment occurring prior to termination.
−Removed: We responded to the complaint in July 2021 and the arbitration proceeding has been scheduled for September 2022.
−Removed: We believe the claims in the complaint are without merit and we intend to defend ourselves vigorously.
−Removed: On December 7, 2021, counsel for National Technical Systems, Inc.
−Removed: (“NTS”) sent the Company an environmental demand letter pursuant to Massachusetts General Laws Chapter 21E, Section 4A, and CERCLA 42 U.S.C.
−Removed: Section 9601, related to a site that NTS formerly owned at 533 Main Street, Acton, MA.
+Added: We responded to the complaint in July 2021, and an arbitration proceeding was scheduled for September 2022.
+Added: Final motions in the arbitration proceeding were submitted in late October 2022 and oral arguments are scheduled for early November 2022.
+Added: We anticipate that the arbitrator will make a ruling within 30 to 60 days of the oral arguments.
+Added: We believe the claims in the complaint are without merit and intend to continue to defend ourself vigorously.
+Added: In December 2021, counsel for National Technical Systems, Inc.
+Added: (“NTS”) sent us an environmental demand letter pursuant to Massachusetts General Laws Chapter 21E, Section 4A, and CERCLA 42 U.S.C.
+Added: Section 9601, related to a site that NTS formerly owned at 533 Main Street, Acton, Massachusetts.
NTS received a Notice of Responsibility from the Massachusetts Department of Environmental Protection (“MassDEP”) alleging trichloroethene, freon and 1,4-dioxane contamination in the groundwater emanating from NTS’s former site.
−Removed: NTS alleges in its demand letter that the operations of a predecessor company to Mercury that was acquired in the Company’s acquisition of the Microsemi carve-out business that once owned and operated a facility at 531 Main Street, Acton, MA contributed to the groundwater contamination.
−Removed: NTS is seeking payment by the Company of NTS’s costs for any required environmental remediation.
+Added: NTS alleges in its demand letter that the operations of a predecessor company to Mercury that was acquired in our acquisition of the Microsemi carve-out business that once owned and operated a facility at 531 Main Street, Acton, Massachusetts contributed to the groundwater contamination.
+Added: NTS is seeking payment from us of NTS’s costs for any required environmental remediation.
In April 2022, we engaged in a meet and confer session with NTS pursuant to Massachusetts General Laws Chapter 21E, Section 4A to discuss the status of the environmental review performed by NTS and its licensed site professional.
−Removed: In addition in November 2021, the Company responded to a request for information from MassDEP regarding the detection of PFAS (per- and polyfluoroakyl substances) in the Acton, MA Water District’s Conant public water supply wells near the former facility at 531 Main Street, Acton, MA at a level above the standard that MassDEP published for PFAS in October 2020.
−Removed: It is too early to determine what responsibility, if any, the Company may have for these matters.
+Added: In addition, in November 2021, we responded to a request for information from MassDEP regarding the detection of PFAS (per- and polyfluoroakyl substances) in the Acton, Massachusetts Water District’s Conant public water supply wells near the former facility at 531 Main Street, Acton, Massachusetts at a level above the standard that MassDEP published for PFAS in October 2020.
+Added: It is too early to determine what responsibility, if any, we may have for these matters.
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.