Avcorp Industries Inc is pleased to report that it has received the determination of an appointed arbitration panel constituted to adjudicate outstanding issues relating to cost reimbursements and compensation payable to Avcorp in connection with the transition of Cessna Aircraft Company ("Cessna") production work back to Cessna and other suppliers. The transition of Cessna production work was first announced by the Company on December 17, 2010 and immediately following notification by Cessna, the Company had attempted to negotiate compensation payments as contemplated by the Cessna Strategic Alliance Agreement (the "SAA"). Only when negotiations and mediation were unsuccessful did the Company refer the matter to binding arbitration.
The binding arbitration award, delivered to the Company on November 16, 2012, determined that: the SAA was an exclusive agreement between Cessna and Avcorp; Cessna could not unilaterally transition production work from Avcorp; Avcorp had fulfilled the requirements of the SAA; and, Avcorp suffered damages as a result of Cessna transitioning production work from Avcorp. In addition, all counterclaims that were advanced by Cessna were denied. The quantum of damages was assessed by the arbitration panel at USD 27,391,372, which amount is payable to Avcorp within 30 days of the arbitration award.
Avcorp designs and builds major airframe structures for some of the world's leading aircraft companies, including BAE Systems, Boeing, and Bombardier. With more than 50 years of experience, over 400 skilled employees and 354,000 square feet of facilities in Delta BC and Burlington ON, Avcorp offers integrated composite and metallic aircraft structures to aircraft manufacturers, a distinct advantage in the pursuit of contracts for new aircraft designs, which require lower‐cost, light weight, strong, reliable structures. Our Burlington location also offers composite repairs for commercial aircraft. Avcorp is a Canadian public company traded on the Toronto Stock Exchange (TSX:AVP).
(signed)
MARK VAN ROOIJ
PRESIDENT and CHIEF EXECUTIVE OFFICER
Forward-Looking Statements
This management discussion and analysis should be read in conjunction with the Company's audited financial statements. Certain statements in this report and other oral and written statements made by the Company from time to time are forward-looking statements, including those that discuss strategies, goals, outlook or other non-historical matters; or projected revenues, income, returns or other financial measures. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially from those contained in the statements, including the following:
(a) the ability of the Company to renegotiate its debt agreements under which it is in default;
(b) the extent to which the Company is able to achieve savings from its restructuring plans;
(c) uncertainty in estimating the amount and timing of restructuring charges and related costs;
(d) changes in worldwide economic and political conditions that impact interest and foreign exchange rates; (e) the occurrence of work stoppages and strikes at key facilities of the Company or the Company's customers or suppliers;
(f) government funding and program approvals affecting products being developed or sold under government programs;
(g) cost and delivery performance under various program and development contracts;
(h) the adequacy of cost estimates for various customer care programs including servicing warranties;
(i) the ability to control costs and successful implementation of various cost reduction programs;
(j) the timing of certifications of new aircraft products;
(k) the occurrence of further downturns in customer markets to which the Company products are sold or supplied or where the Company offers financing;
(l) changes in aircraft delivery schedules or cancellation of orders;
(m) the Company's ability to offset, through cost reductions, raw material price increases and pricing pressure brought by original equipment manufacturer customers;
(n) the availability and cost of insurance;
(o) the Company's ability to maintain portfolio credit quality;
(p) the Company's access to debt financing at competitive rates; and
(q) uncertainty in estimating contingent liabilities and establishing reserves tailored to address such contingencies.
SOURCE Avcorp Industries Inc.
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