Paragon Announces Settlement Agreement With Kimberly-
22.03.1999, 17:40
Clark Corporation / Resolution of Patent Litigation Issues Paves
Way for Paragon's Emergence From Bankruptcy
Norcross, Ga. (ots-PRNewswire) - Paragon Trade Brands, Inc.
(NYSE: PTB) today announced that it has finalized a settlement
agreement with Kimberly-Clark Corporation and will shortly file a
motion with the United States Bankruptcy Court for the Northern
District of Georgia seeking approval of the settlement. The
agreement provides for resolution of all of K-C's claims pending
in Paragon's bankruptcy proceeding, including issues surrounding
a patent dispute that was the subject of litigation in the United
States District Court for the Northern District of Texas. On
February 2, 1999, Paragon filed a motion with the Bankruptcy
Court to approve a similar settlement with The Procter & Gamble
Company. A hearing to consider the proposed P&G settlement is
scheduled to take place today.
The agreement with K-C addresses all of K-C's outstanding
claims against the Company. The K-C agreement, coupled with the
previously announced P&G agreement, will serve as the cornerstone
for a consensual plan of reorganization for Paragon. Paragon
reiterated that its goal is to emerge from chapter 11 quickly,
positioned to produce the highest quality store brand absorbent
products and poised to achieve its long-range strategic goals.
Under the K-C agreement, Paragon grants K-C a prepetition
unsecured claim in the amount of $110 million and an
administrative claim in the amount of $5 million. K-C had
previously filed a proof of claim in Paragon's bankruptcy
proceedings listing claims ranging from approximately $893
million to $2.4 billion. The parties have agreed that payments of
the agreed-upon amounts pursuant to a plan of reorganization will
be in full settlement of any and all claims K-C and Paragon have
asserted against each other through the date of the settlement
agreement. The parties will exchange mutual general releases to
that effect.
As part of the agreement, K-C is granting licenses to Paragon
in the U.S. and Canada which give Paragon the freedom under
enumerated K-C patents to market its dual cuff diaper and
training pant products which enjoy wide consumer acceptance. In
exchange for this right, Paragon has agreed to pay K-C running
royalties on net sales of the licensed products equal to: 2.5% of
the first $200 million of net sales of the covered diaper
products and 1.5% of such net sales in excess of $200 million in
each calendar year commencing January 1999 through November 2004.
In addition, Paragon has agreed to pay K-C running royalties of
5% of net sales of the covered training pant products for the
same period.
The parties have agreed that, once the K-C settlement is
approved by an unstayed order of the Bankruptcy Court, K-C will
dismiss with prejudice its complaint in the Texas Action, as well
as its related filings in the Federal District Court in Georgia.
Simultaneously, Paragon will dismiss with prejudice its
counterclaims in the Texas Action.
Paragon further disclosed that the K-C settlement will result
in a material net loss for the fiscal year ending December 27,
1998.
Commenting on the agreement with K-C, Bobby Abraham, Chief
Executive Officer of Paragon, stated, "We are very pleased to be
able to put the K-C claims behind us and turn toward quickly
finalizing our plan of reorganization, emerging from bankruptcy
and capitalizing on the opportunities we have for growing
Paragon's business. The K-C license, together with the P&G
licenses, will permit Paragon greater freedom to optimize the
performance of our diaper and training pant products. While the
royalties are a significant added cost, we believe Paragon's
store brand competitors will pay similar royalties for equivalent
patent rights. Thanks to our scale and consistent investments in
productivity, we believe Paragon is the most efficient store
brand manufacturer. We remain dedicated to providing our retail
customers with the best quality products at lower prices than the
national brands."
Paragon Trade Brands is the leading manufacturer of store
brand infant disposable diapers in the United States and Canada.
Paragon manufactures a line of premium and economy diapers,
training pants, and feminine care and adult incontinence
products, which are distributed throughout the United States and
Canada, primarily through grocery and food stores, mass
merchandisers, warehouse clubs, toy stores and drug stores that
market the products under their own store brand names. Paragon
has also established international joint ventures in Mexico,
Argentina, Brazil and China for the sale of infant disposable
diapers and other absorbent personal care products.
Statements made in this press release, other than those
concerning historical information, should be considered forward-
looking statements. Such statements are subject to certain risks
and uncertainties that could cause actual results to differ
materially from those expressed in the Company's forward-looking
statements. Factors which could affect the Company's financial
results, including, but not limited to: the Company's Chapter 11
filing; increased raw material prices; new product and packaging
introductions by competitors; increased price and promotion
pressure from competitors; new competitors in the market; Year
2000 compliance issues; and patent litigation, are described in
the Company's Annual Report on Form 10-K filed with the
Securities and Exchange Commission. Readers are cautioned not to
place undue reliance on the forward-looking statements contained
herein, which speak only as of the date hereof, and which are
made by management pursuant to the "safe harbor" provisions of
the Private Securities Litigation Reform Act of 1995. ots
Original Text Service: Paragon Trade Brands, Inc. Internet:
http://www.newsaktuell.de Contact: Kurt P. Ross or Guy B.
Lawrence, both of K.P. ROSS, INC. (USA) 212-308-3333, or email,
kpross1@msn.com, or Alan J. Cyron, Executive Vice President and
Chief Financial Officer of Paragon Trade Brands, Inc., (USA) 678-
969-5200
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