2 unchanged sentences
The disclosure under the headings “Lawsuit by Former CEO in Connection with Termination” and “Putative Class Action Lawsuit” set forth in Note 18 to the consolidated financial statements included in Item 8 of the Annual Report on Form 10-K for the fiscal year ended January 1, 2023 is incorporated by reference herein.
−Removed: On March 31, 2022, the Court entered an order granting the Company’s motion for summary judgment on all of Mr.
−Removed: Gould’s remaining claims.
−Removed: The portion of the order granting the Company summary judgment on Mr.
−Removed: Gould’s claims for breach of contract and attorney’s fees has been appealed by Mr.
−Removed: Gould to the U.S.
−Removed: Court of Appeals for the 11 th Circuit.
−Removed: The Company believes the lawsuit and the appeal therefrom are without merit and intends to defend vigorously against them.
−Removed: In the putative class action lawsuit, the Court has appointed a lead plaintiff, which filed an Amended Complaint that, among other things, added the Company’s former chief financial officer as a defendant.
−Removed: As in the original complaint, the allegations in the Amended Complaint relate to the subject matter of the concluded SEC investigation described in Note 18 to the consolidated financial statements included in Item 8 of the Annual Report on Form 10-K for the fiscal year ended January 2, 2022.
−Removed: The Company filed a motion to dismiss the Amended Complaint, and that motion was denied by the Court on June 6, 2022.
−Removed: The Company filed its Answer to the Amended Complaint on July 21, 2022.
−Removed: Discovery in the case is proceeding.
−Removed: The Company believes the putative class action is without merit and that the Company has good defenses to it.
−Removed: The Company intends to defend itself vigorously against the action.
−Removed: In addition to the other information set forth in this report, you should carefully consider the risk factors disclosed in Part I, Item 1A, “Risk Factors,” of our Annual Report on Form 10-K for the year ended January 2, 2022, as supplemented in Part II, Item 1A of our Quarterly Report on Form 10-Q for the quarter ended July 3, 2022.
+Added: In the lawsuit by the former CEO, Mr.
+Added: Gould has filed a motion for reconsideration of the Court’s grant of summary judgment in favor of the Company on Mr.
+Added: Gould’s breach of contract claim.
+Added: That motion for reconsideration is currently pending with the Court.
+Added: In addition, the Court has scheduled a trial on the Company’s counterclaim against Mr.
+Added: Gould for breach of fiduciary duty beginning September 12, 2023.
+Added: The Company believes Mr.
+Added: Gould’s lawsuit is without merit and intends to defend vigorously against it.
+Added: In the putative class action, the parties have reached a preliminary agreement to settle the lawsuit for $7.5 million, subject to Court approval of the settlement.
+Added: The Company expects the settlement amount to be paid by its insurers.
+Added: The Company has accrued both the $7.5 million loss contingency as well as the expected insurance recovery in the consolidated condensed balance sheet as of April 2, 2023.
+Added: In addition to the other information set forth in this report, you should carefully consider the risk factors disclosed in Part I, Item 1A, “Risk Factors,” of our Annual Report on Form 10-K for the fiscal year ended January 1, 2023.
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.