Hydrogenics Files Litigation Against American Power Conversion Corporation to Collect Termination Payment Under Manufacturing an
18 November 2009 - 12:00PM
Marketwired
Hydrogenics Corporation (TSX: HYG)(NASDAQ: HYGS)(NASDAQ: HYGSD)
(trading under "HYGSD" temporarily), a leading developer and
manufacturer of hydrogen generation and fuel cell products, had
previously announced on July 22, 2009 that it had terminated its
manufacturing and supply agreement (the "Supply Agreement") dated
August 9, 2006 with American Power Conversion Corporation ("APC").
In the notice of termination, the company had requested a
termination payment of approximately US$2.1 million by APC, as
determined by a formula in the Supply Agreement based on the number
of products for which APC had issued orders and paid for under the
Supply Agreement.
Although the parties used efforts to resolve this matter short
of litigation, those efforts did not resolve the matter and so on
November 13, 2009, Hydrogenics filed a complaint against APC in the
U.S. District Court for the District of Massachusetts in connection
with the Supply Agreement, entitled "Hydrogenics Corporation v.
American Power Conversion Corporation, Civil Action 09-11947." The
complaint seeks an award of the termination payment of
US$2,136,420, plus damages and interest for APC's breach of the
Supply Agreement, including for APC not meeting its contractual
obligation to purchase 500 HyPM® XR 12 kW Fuel Cell Power Modules
under the terms of the Supply Agreement.
ABOUT HYDROGENICS
Hydrogenics Corporation (www.hydrogenics.com) is a globally
recognized developer and provider of hydrogen generation and fuel
cell products and services, serving the growing industrial and
clean energy markets of today and tomorrow. Based in Mississauga,
Ontario, Canada, Hydrogenics has operations in North America and
Europe.
This release contains forward-looking statements and other
statements concerning Hydrogenics' expectations and strategies and
management's beliefs and intentions about its future results and
goals in connection with any dispute or resolution with, or payment
from, APC. Hydrogenics believes the expectations reflected in its
forward-looking statements are reasonable, although cannot
guarantee future results, payment from APC, a particular resolution
or other future events. These statements are based on the
management's current expectations and actual results may differ
from these forward-looking statements due to numerous factors,
including risks inherent in matters relating to dispute resolution
or litigation, risks in negotiation with APC to resolve matters or
in proceeding with a dispute with APC in the event an amicable
resolution is not reached. Readers should not place undue reliance
on these forward-looking statements. Readers are encouraged to
review the section captioned "Risk Factors" in Hydrogenics'
regulatory filings with the Canadian securities regulatory
authorities and the United States Securities and Exchange
Commission, for a more complete discussion of the factors that
could affect the foregoing forward-looking statements. Furthermore,
the forward-looking statements contained herein are made as of the
date of this release, and Hydrogenics undertakes no obligations to
revise or update any forward-looking statements in order to reflect
events or circumstances that may arise after the date of this
release, unless otherwise required by law. The forward-looking
statements contained in this release are expressly qualified by
this cautionary statement.
Contacts: Company Contact: Hydrogenics Corporation Lawrence
Davis Chief Financial Officer (905) 361-3633
investors@hydrogenics.com Investor Relations Contact: Chris Witty
(646) 438-9385 cwitty@darrowir.com
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