Item 3. Legal Proceedings
ITEM 3. LEGAL PROCEEDINGS
Our company was named as a defendant in a lawsuit filed on
April 6, 2017, by Douglas Horn in the Maricopa County, Arizona, Superior Court,
styled as Horn v. The Alkaline Water Company, Inc., et al., cause number
CV2017-005485. Mr. Horn sought damages arising out of the alleged breach of a
written employment agreement between our company and Mr. Horn. Mr. Horn alleged
that our company has failed to pay wages and to transfer stock allegedly owed to
him under the terms of his employment agreement. Our company denied the
allegations of the claims, and moved to dismiss pursuant to the terms of the
employment agreement which require that all disputes be resolved by arbitration.
In response, Mr. Horn filed a notice of dismissal of all claims in that court,
without prejudice. On September 21, 2017, Mr. Horn filed a Demand for
Arbitration with the American Arbitration Association, asserting the same
claims. The claim has been assigned No. 01-17-0005-6474. Our company has
responded, denying any liability to Mr. Horn. On March 19 to 21, 2019, a three
day arbitration hearing on this matter occurred in front of a panel of three
arbitrators (the Panel). On April 25, 2019, the Panel issued an Interim
Arbitration Award finding that Mr. Horn voluntarily left his employment with our
company in October, 2016 without legal justification, and ruled that the
relevant employment agreement became null and void in October, 2016. The Panel
further found our company to be the prevailing party in the arbitration and thus
entitled to an award of reasonable attorney fees, costs and expenses. In late
May, 2019, we submitted an application for fees and costs. On June 17, 2019, the
Panel issued its Final Award granted us an award of $162,670 against
Mr. Horn for our attorneys fees and associated costs. We intend to vigorously
attempt to collect these awarded fees and costs from Mr. Horn.
Except as detailed above, we know of no material pending legal
proceedings to which our company or our subsidiary is a party or of which any of
our properties, or the properties of our subsidiary, is the subject. In
addition, we do not know of any such proceedings contemplated by any
governmental authorities.
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Except as detailed above, we know of no material proceedings in
which any of our directors, officers or affiliates, or any owner of record or
beneficially of more than five percent of our common stock, or any associate of
any such director, officer, affiliate or stockholder is a party adverse to our
company or our subsidiary or has a material interest adverse to our company or
our subsidiary.
ITEM 4. MINE SAFETY DISCLOSURES
Not applicable.
PART II
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