On September 13, 2007, the Company filed a Motion for a Preliminary Injunction in the Action (the “Motion”). The Motion seeks a preliminary injunction from the court that: (1) orders the trustees to withdraw the purported Notices of Default received by the Company from the trustees under the applicable indentures or, in the alternative, tolls the running of the 60-day cure periods under the applicable indentures; and (2) enjoins the trustees from taking any steps in furtherance of accelerating any amounts due under the indentures by reason of any delay by the Company in delivering to the trustees copies of SEC filings, pending full adjudication of the Action.
This Form 8-K Current Report contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements represent our expectations or beliefs concerning future events, and it is possible that the results described in this Form 8-K will not be achieved. These forward-looking statements can generally be identified by the use of statements that include words such as “estimate,” “project,” “believe,” “expect,” “anticipate,” “intend,” “plan,” “foresee,” “likely,” “will,” “goal,” “target” or other similar words or phrases. These forward-looking statements are subject to risks, uncertainties and other factors, many of which are outside of our control, that could cause actual results to differ materially from the results discussed in the forward-looking statements, including, among other things, the timing and final outcome of the Action and the Motion; and the timing, final outcome and consequences of the pending governmental investigations, independent internal investigation and putative class action lawsuits, derivative claims and similar proceedings.
Any forward-looking statement speaks only as of the date on which such statement is made, and, except as required by law, we do not undertake any obligation to update or revise any forward-looking statement, whether as a result of new information, future events or otherwise. New factors emerge from time to time and it is not possible for management to predict all such factors.
