Published: July 11, 2005
Sport-Haley, Inc. Pursuing Settlement of SEC Action
Sport-Haley, Inc. (NASDAQ: SPOR) (the "Company")
announced today that it is pursuing settlement of claims brought against it
and one of its former officers by the United States Securities & Exchange
Commission (the "SEC"). The SEC attorneys in Denver handling the case will
recommend that the settlement proposals be approved by the full Commission
in Washington, D.C.
Denver lawyer Steven W. McDonald, who represents Sport-Haley, Inc., stated,
"We have submitted a proposal to the SEC's Denver regional office which, if
approved by the full Commission in Washington, D.C., would end the
litigation against Sport-Haley. I have also been advised by counsel for
Steve Auger, a former officer of Sport-Haley, Inc., that a settlement
proposal has also been submitted to the SEC's Denver office on Mr. Auger's
behalf. The settlement proposal submitted by Mr. Auger would also, if
approved, end the litigation against him. The lawyers handling the case for
the SEC have advised that they will recommend acceptance of both settlement
proposals by the full Commission. The Court has issued an Order requiring
that the settlements, if approved by the Commission, be submitted to the
Court by no later than September 30, 2005." Mr. McDonald cautioned that the
settlements would not be complete until approved by the Securities &
Exchange Commission in Washington, D.C., and by the Court.
Sport-Haley, Inc. designs, purchases, contracts for the manufacture of and
markets women's and men's fashion golf apparel and outerwear under the
SPORT HALEY® and Ben Hogan® labels. The fashion golf apparel
collections, known for their innovative designs, quality fabrics, generous
fit and classic styles, are primarily marketed in the premium and
mid-priced markets, through a network of independent sales representatives
and distributors, to golf professional shops, country clubs, resorts and
exclusive department stores within the United States and by certain
distributors within international markets. The Company distributes Ben
Hogan® apparel pursuant to a licensing agreement with Callaway Golf
Company.
"Safe Harbor" Statement under the Private Securities Litigation Reform Act
of 1995: When used in this release, the words "may," "will," "expect,"
"anticipate," "continue," "estimate," "project," "intend," "believe," and
similar expressions, variations or the negative of these words, and any
statement regarding possible or assumed future results of operations of the
Company's business, the markets for its products, anticipated expenditures,
regulatory developments or competition, or other statements regarding
matters that are not historical facts, are intended to identify
forward-looking statements, although not all forward-looking statements
contain such identifying words. The reader should be aware that our actual
results could differ materially from those contained in forward-looking
statements. The Company's financial condition and the results of its
operations will depend on a number of factors, including, but not limited
to, the following: our ability to control costs and expenses; our ability
to successfully anticipate fashion trends, design favorably accepted
fashion golf apparel, effectively advertise and communicate within the
marketplace, and penetrate our chosen distribution channels; our ability to
successfully forecast sales and optimize inventory levels; our ability to
successfully manage risks associated with the trend of increasing sales
with respect to licensed apparel, such as the Ben Hogan® apparel
collections; relations with and performance of suppliers; competition
within golf apparel markets; business conditions and growth in the fashion
golf apparel market and the general economy; political and international
trade relations; changes in international trade quota systems for apparel;
consumer spending on golf apparel; general global economic and political
conditions resulting from threats or acts of war or terrorism and responses
thereto; timely performance of third parties, such as freight forwarders,
including risks of labor disputes and/or labor strikes; changes in product
mix; inventory risks due to shifts in market and/or price erosion of
purchased apparel; lost or reduced manufacturing capacity of significant
suppliers; loss or delay of shipments from foreign suppliers; access to
capital; maintaining satisfactory relationships with commercial banking
institutions; and, establishing controls with regard to and maintaining the
integrity of technology and information systems. The reader should not
place undue reliance on any forward-looking statements. Neither the Company
nor any of its corporate officers or key employees assumes any obligation
to update any forward-looking statements as a result of new information,
future events or developments, except as required by securities laws.
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