Jury Awards Damages to Central in Axelrod Litigation
WALNUT CREEK, Calif.--(BUSINESS WIRE)--Sept. 1, 2005--Central Garden & Pet Company (NASDAQ:CENT) today announced that it has received a jury verdict in its litigation with Herbert and Evelyn Axelrod.
The jury found for Central on its claim against the Axelrods for collection of the $10 million promissory note that the Axelrods signed in 1997 at the closing of the T.F.H. acquisition. The jury also found for Central on its claims against the Axelrods for breach of warranty and fraud and awarded Central compensatory damages for such claims in the amount of $10,340,000. The jury awarded the Axelrods an aggregate of $3,700,000 for their claims against Central.
Central expects that a final judgment will be entered after the Superior Court of New Jersey resolves a number of matters that will be subject to post-trial motions. Until such matters have been resolved, it is impossible to predict the amount or timing of the final judgment. The court has ordered the Company and the other parties to the litigation not to comment on the verdict or other court proceedings.
Central Garden & Pet Company is a leading innovator, marketer and producer of quality branded products for the pet and lawn and garden supplies markets. Our pet products include pet bird and small animal food, aquarium products, flea, tick, mosquito and other pest control products, edible bones, cages, carriers, pet books, and other dog, cat, reptile and small animal products. These products are sold under a number of brand names, including Kaytee, All-Glass Aquarium, Oceanic, Kent Marine, Energy Savers Unlimited, Zodiac, Pre-Strike, Altosid, Nylabone, TFH, Four Paws and Interpet. Our lawn and garden products include grass seed, wild bird food, weed and insect control products, decorative outdoor patio products and ant control products. These products are sold under a number of brand names, including Pennington, Norcal Pottery, New England Pottery, GKI/Bethlehem Lighting, Lilly Miller, Matthews Four Seasons, AMDRO and Grant's, Sevin, Over'n Out and Cedar Works. For additional information on Central Garden & Pet , including access to the Company's SEC filings, please visit the Company's website at http://www.centralgardenandpet.com/.
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: The statements contained in this release which are not historical facts, including future earnings guidance, are forward-looking statements that are subject to risks and uncertainties that could cause actual results to differ materially from those set forth in or implied by forward-looking statements. These risks are described in the Company's Securities and Exchange Commission filings including, without limitation, the resolution of litigation between the Company and Herbert Axelrod. Central undertakes no obligation to publicly update these forward-looking statements to reflect new information, subsequent events or otherwise.
CONTACT: Central Garden & Pet Paul Warburg, 925-948-3686 SOURCE: Central Garden & Pet Company
Released September 1, 2005