BMC Industries Reaches Agreement to Settle Shareholder Derivative Lawsuit.Business Editors MINNEAPOLIS--(BUSINESS WIRE)--Oct. 8, 2002 BMC (BMC Software, Inc., Houston, TX, www.bmc.com) A leading supplier of software that supports and improves the availability, performance, and recovery of applications in complex computing environments. Industries, Inc. (NYSE NYSE See: New York Stock Exchange :BMM BMM Baptist Mid Missions BMm Bachelor of Multimedia BMM Bachelor of Mass Media BMM Borrowed Military Manpower BMM Brigade Mixte Mobile (Mixed Mobile Brigade, Cameroon) BMM Broadcast-Based Multimedia BMM Bit Map Memory ), announced today that it has entered into an agreement to settle the shareholder derivative lawsuit pending against the company and certain of its directors since June 2002. Under the terms of the settlement, the company will review and enhance existing corporate governance Corporate Governance The relationship between all the stakeholders in a company. This includes the shareholders, directors, and management of a company, as defined by the corporate charter, bylaws, formal policy, and rule of law. policies, provide the plaintiff, a significant shareholder, with opportunities for input on these enhancements and consider the plaintiff's recommendations for candidates to serve on the company's board of directors. "This is positive news for the company and our shareholders," said Douglas C. Hepper, chairman, president and chief executive officer of BMC Industries. "While we believed the lawsuit was without merit, this settlement allows us to focus our full attention and resources on our operations and business strategies." This settlement has been approved by the plaintiff, the individual defendants, and by BMC and its board of directors. The settlement is subject to approval by the United States District Court for the District of Minnesota The United States District Court for the District of Minnesota is the Federal district court whose jurisdiction is the state of Minnesota. It was established by an act of Congress on March 17, 1849. . BMC Industries, founded in 1907, is comprised of two business segments: Buckbee-Mears and Optical Products. The Buckbee-Mears group offers a range of services and manufacturing capabilities to meet the most demanding precision metal manufacturing needs. The group is a leading producer of a variety of precision photo-etched and electroformed components that require fine features and tight tolerances. The group is also the only North American North American named after North America. North American blastomycosis see North American blastomycosis. North American cattle tick see boophilusannulatus. manufacturer of aperture masks, a key component in color television picture tubes. The Optical Products group, operating under the Vision-Ease Lens trade name, is a leading designer, manufacturer and distributor of polycarbonate A category of plastic materials used to make a myriad of products, including CDs and CD-ROMs. , glass and plastic eyewear lenses. Vision-Ease Lens is a technology and market share leader in the polycarbonate lens segment of the market. Polycarbonate lenses are thinner and lighter than lenses made of other materials, while providing inherent ultraviolet (UV) filtering and impact resistant characteristics. BMC Industries, Inc. is traded on the New York Stock Exchange New York Stock Exchange (NYSE) World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City. under the ticker symbol "BMM." For more information about BMC Industries, visit the company's Web site at www.bmcind.com. Certain statements in this news release may be deemed to be forward-looking statements as defined in the Safe Harbor Provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. Forward-looking statements involve known and unknown risks and uncertainties, which may cause the company's actual results in future periods to differ materially from what is currently anticipated. Those risks include, among others, general competitive factors, the company's ability to successfully implement operational improvements in its businesses, the episodic nature of the company's business, the ability to negotiate additional financing arrangements beyond May 2004, and the United States District Court for the District of Minnesota failure to approve the settlement of the shareholder derivative action. Additional information on these and other risks are detailed further in the company's Annual Report and 10K to shareholders dated December 31, 2001, and from time to time in the company's filings with the Securities and Exchange Commission. |
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