To: Steve Lee who wrote (3038 ) 7/9/2000 4:42:05 PM From: Sergio H Respond to of 30051 Hi Steve. Two interesting notes on TENF. There is a pending lawsuit that has knocked some of the wind out of this stock. From the last 10k: <9. Legal Proceedings On September 17, 1999, Ohio Farmers Insurance Company doing business as Westfield Companies (the "Plaintiff"), filed a complaint in the United States District Court for the District of Ohio seeking $5.8 million from the Company. The complaint alleges that the Company failed to deliver on contractual commitments under a license agreement with the Plaintiff and includes specific claims of anticipatory breach of contract, breach of express warranty, and negligent misrepresentation. The $5.8 million being sought from the Company by the Plaintiff was paid to the Company by the Plaintiff in the first half of 1999 and recognized as revenue by the Company over this period. On November 4, 1999, the Company filed an Answer and Counterclaim denying these claims and seeking recovery of $3.9 million that Plaintiff owes the Company under the license agreement together with claims for additional damages. The case is in its preliminary stages. Based on the information currently available, the Company believes that it has valid defenses against the Plaintiff's claims and the Company intends to vigorously defend the case. The Company also intends to vigorously enforce its rights under the license agreement, including recovery of the $3.9 million due and owing under the agreement. The Company's legal counsel has commenced investigation of the facts pertinent to the claims and counterclaims. Based on their analysis and current assumptions, the Company's counsel has advised the Company that there is a reasonable likelihood that the Company will successfully prosecute the Company's claims and defenses. The Company's counsel has advised the Company that, pending further investigation and discovery, the prospect that the Company will incur a loss regarding monies already collected is remote, and that it is too early in the litigation process to determine the probability of a recovery or loss with respect to the remaining $3.9 million due under the agreement. The $3.9 million due and owing under the agreement is included in accounts receivable in the consolidated balance sheet at March 31, 2000, and there has been no allowance for loss recorded on this receivable. Due to the high degree of uncertainty associated with litigation, it is possible that the Company will incur a loss with respect to the $3.9 million currently due from the Plaintiff. Such loss could range from zero to $3.9 million. However, at the current time, the amount of any loss cannot be reasonably estimated. Although the Company believes it will ultimately prevail against the Plaintiff in the matters explained above, an unfavorable outcome of these matters may have a material adverse impact on the Company's financial position and results of operations.>sec.gov Additionally, the company's development and installation capabilities were panned in an article in Barrons in March. Sergio