To: Sir Auric Goldfinger who wrote (3326 ) 1/3/2001 4:37:12 PM From: RockyBalboa Read Replies (1) | Respond to of 3543 ciao, HITS....again: HITS is being dissolved. They haven't even managed to burn all the cash.biz.yahoo.com Wednesday January 3, 4:01 pm Eastern Time Press Release Musicmaker.com Board of Directors Approves Plan to Liquidate and Dissolve the Company RESTON, Va.--(BUSINESS WIRE)--Jan. 3, 2001--Musicmaker.com (Nasdaq: HITS - news), a provider of custom music CDs on the Internet and of digital downloadable music, today announced that its Board of Directors has unanimously voted to liquidate and dissolve the Company. The Board has approved a Plan of Complete Liquidation and Dissolution which will be submitted to the Company's stockholders for their approval. Once the Plan of Liquidation has been approved by the stockholders, the Company will prepare an information statement describing the Plan of Liquidation to be filed with the Securities and Exchange Commission and mailed to stockholders. The Board of Directors believes the Plan of Liquidation is in the best interests of the Company and its stockholders. In determining to liquidate the Company, the Board considered a number of factors including that the music industry and e-commerce in general are in a period of rapid change and uncertainty; the potential for growth and availability of financing this environment is extremely limited; the Company's inability, despite significant efforts, to in identify a buyer or strategic partner willing to offer greater value than that expected to be derived from liquidation; and the Company's stock has traded well below the net asset value of its shares. Based on this information, the Board of Directors believes that distributing the Company's net assets will return the greatest value to stockholders as compared to examined alternatives. Certain statements in this press release constitute ``forward-looking statements'' within the meaning of the Private Securities Litigation Reform Act of 1995 including but not necessarily limited to statements of the Company's belief that the proposed liquidation of Musicmaker.com's business and the distribution of its assets will return the greatest value to stockholders as compared to other alternatives. Such forward-looking statements are subject to known and unknown risks, uncertainties and other factors which may cause the actual results or performance of the Company or its distribution after liquidation to be materially different from any future results or performance indicated or implied by such forward-looking statements. Such factors include and/or concern, among other things: the potential inadequacy of the reserves created for payment of Musicmaker.com's expenses and liabilities; the failure to obtain as high a price for a particular asset of the Company sold in connection with the liquidation as might have been secured if the Company were not in liquidation; the failure to negotiate an orderly wind down of the Company's obligations to its creditors; the effect of litigation in which the Company is involved, as well as the risks set forth in the Company's Registration Statement on Form S-1 dated as of July 7, 1999 as filed with the Securities and Exchange Commission and the Company's Annual Report on Form 10-K dated December 31, 1999 and those other risk factors listed from time to time in the Company's other SEC filings, including but not necessarily limited to the information statement describing the Plan of Liquidation that will be filed with the Securities and Exchange Commission and mailed to stockholders. Musicmaker.com assumes no obligation to update or revise any forward-looking statements appearing in this press release. -------------------------------------------------------------------------------- Contact: Musicmaker.com, Reston Mark A. Fowler, 703/860-2289