Quarterly report pursuant to Section 13 or 15(d)

Note M - Legal Proceedings

v3.19.2
Note M - Legal Proceedings
9 Months Ended
Jun. 29, 2019
Notes to Financial Statements  
Legal Matters and Contingencies [Text Block]
Note M—Legal Proceedings
 
The Sports Authority Bankruptcy Litigation
 
 
Soffe was previously involved in several related litigation matters stemming from The Sports Authority's ("TSA")
March 2, 2016,
filing of a voluntary petition(s) for relief under Chapter
11
of the United States Bankruptcy Code (the "TSA Bankruptcy"). Prior to such filing, Soffe provided TSA with products to be sold on a consignment basis pursuant to a "pay by scan" agreement and the litigation matters related to Soffe's interest in the products it provided TSA on a consignment basis (the "Products") and the proceeds derived from the sale of such products (the "Proceeds").
 
TSA Stores, Inc. and related entities TSA Ponce, Inc. and TSA Caribe, Inc. filed an action against Soffe on
March 16, 2016,
in the United States Bankruptcy Court for the District of Delaware (the "TSA Action") including requests for declaratory judgment on a variety of matters related to the Products and Proceeds as well as several related claims. TSA lender Wilmington Savings Fund Society, FSB, as Successor Administrative and Collateral Agent ("WSFS"), intervened in the TSA Action seeking declaratory judgment on a variety of matters related to the Products and Proceeds and including several related claims. Soffe subsequently asserted counterclaims against WSFS in the TSA Action seeking declaratory judgment on a variety of matters related to the Products and Proceeds.
 
On
November 26, 2018,
the court issued an order in favor of WSFS with respect to its claimed interest in the majority of the Products and Proceeds. Soffe, WSFS, TSA Stores, Inc., TSA Ponce, Inc. and TSA Caribe, Inc. subsequently reached agreement to settle the above-referenced matters, with Soffe agreeing to pay approximately
$2.5
million in exchange for a comprehensive release of all claims at issue in the matters. These matters have now been finally resolved, with the agreed amounts funded on
December 31, 2018.
We recorded the settlement expense in other expense, net in our Condensed Consolidated Statement of Operations for the
three
-month period ended
December 29, 2018.
 
In addition to the foregoing, at times we are party to various legal claims, actions and complaints. We believe that, as a result of legal defenses, insurance arrangements, and indemnification provisions with parties believed to be financially capable, such actions should
not
have a material adverse effect on our operations, financial condition, or liquidity.