To: Bradley W. Fisher who wrote (285 ) 5/15/1999 12:14:00 PM From: Joe Plasky Read Replies (1) | Respond to of 290
FYI from 8-K filed on May 5, 1999. On April 16, 1999 the Registrant entered into a Memorandum of Understanding ("MOU") to settle the claims asserted in the class action shareholder lawsuits filed against the Registrant and certain of its current and former officers and directors in March 1998 in the U.S. District Court for the District of New Jersey, consolidated under the caption In re Physician Computer Network, Inc. Securities Litigation, Civil Action No. 98- 981 (MTB). The terms of the MOU do not settle claims asserted against certain non-settling defendants and certain potential defendants. The settlement will provide for the payment of a minimum of $25.25 million in cash (the "Settlement Amount") to members of the proposed settlement class and the dismissal and release of all claims relating to the subject matter of the lawsuits that were or could have been asserted against the Registrant, certain of its former officers and current directors, and others. The settlement is subject to certain conditions, including, but not limited to: the Registrant either paying the Settlement Amount to the plaintiffs by August 10, 1999 or under certain other circumstances upon the sale of the Company if one occurs; the execution of a stipulation of settlement; notice to the class; and approval by the court. In settling the case, the Registrant and the other settling defendants continued to deny all of the allegations contained in the lawsuit. The Registrant is entering into the settlement because it would eliminate the burden and expense of further litigation, which the Registrant and the other settling defendants believe is in the best interests of the Registrant and all of its shareholders.