SNH Announces Dismissal of Its Lawsuit Against Marriott.Business Editors/Real Estate Writers NEWTON, Mass.--(BUSINESS WIRE)--March 5, 2003 Senior Housing Properties Trust (NYSE NYSE See: New York Stock Exchange : "SNH SNH Scottish Natural Heritage SNH Sunday Night Heat (wrestling) SNH Society for Netherlandic History SNH Supervision Network Hub ") today announced that the lawsuit which it and Five Star Quality Care, Inc. (AMEX AMEX See: American Stock Exchange : "FVE FVE Federation of Veterinarians of Europe FVE Fluid Volume Excess FVE Functional Vocational Evaluation FVE Frequent Value Encoding FVE Florida Visual Ensemble FVE Flash Video Encoder FVE Flash Video Exporter FVE Full Volume Encryption ") brought against Marriott International, Inc. (NYSE: "MAR") and Marriott's wholly owned subsidiary Wholly Owned Subsidiary A subsidiary whose parent company owns 100% of its common stock. Notes: In other words, the parent company owns the company outright and there are no minority owners. Marriott Senior Living Services, Inc. ("MSLS MSLS Master of Science in Library Science MSLS Maine Society of Land Surveyors (Augusta, ME) MSLS Multi-Service Launch System MSLS Medical School Lab Surge MSLS Multiple Single Levels of Security MSLS Master of Science in Legal Studies ") to prevent the transfer of the management contracts affecting 31 senior living communities to Sunrise Assisted Living, Inc., (NYSE: SRZ) has been dismissed. SNH owns the 31 senior living communities which are leased to Five Star and managed by MSLS. Last year Marriott International announced its intention to sell MSLS to Sunrise. SNH and Five Star brought a lawsuit in the Massachusetts Superior Court seeking a declaration that SNH and Five Star may terminate the management contracts because of the proposed sale. Marriott and MSLS moved to dismiss the lawsuit, and yesterday the Massachusetts court granted the motion to dismiss. SNH and Five Star are now considering whether to seek reconsideration or to appeal the Massachusetts court decision. A second lawsuit brought by Marriott and MSLS against SNH and Five Star remains pending in the Circuit Court for Montgomery County, Maryland Montgomery County of the U.S. state of Maryland is situated just north of Washington, D.C. and Southwest of Baltimore. It is one of the most affluent counties in the nation[1], and has the highest percentage (29. . The Maryland lawsuit concerns the question of whether alleged financial mismanagement by Marriott and MSLS may permit SNH and Five Star to terminate the management contracts. As previously announced, the Maryland court has enjoined the termination of the management contracts before the trial of that case. Because it is unlikely that a Massachusetts case appeal or the Maryland case trial will occur before the planned sale of MSLS to Sunrise, SNH now expects Sunrise may assume management of the 31 communities later this month. WARNING REGARDING FORWARD LOOKING STATEMENTS THE FOREGOING PRESS RELEASE CONTAINS FORWARD LOOKING STATEMENTS WITHIN THE MEANING 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 AND THE FEDERAL SECURITIES LAWS. THESE FORWARD LOOKING STATEMENTS ARE BASED UPON SNH'S CURRENT BELIEFS AND EXPECTATIONS, BUT THEY ARE NOT GUARANTEED TO OCCUR. FOR EXAMPLE, THE FACT THAT SNH AND FIVE STAR ARE CONSIDERING WHETHER TO APPEAL THE MASSACHUSETTS COURT DECISION OR TO SEEK ITS RECONSIDERATION DOES NOT MEAN THAT THEY WILL DO SO, NOR THAT ANY SUCH APPEAL OR RECONSIDERATION WILL CHANGE THE RESULT OF THE CASE DISMISSAL. SIMILARLY, SNH'S EXPECTATION THAT SUNRISE MAY ASSUME MANAGEMENT OF 31 SENIOR LIVING COMMUNITIES OWNED BY SNH LATER THIS MONTH IS BASED UPON PUBLIC STATEMENTS PREVIOUSLY MADE BY MARRIOTT AND SUNRISE. HOWEVER, SNH IS NOT PARTY TO THE CONTRACT BETWEEN MARRIOTT AND SUNRISE OR TO THE NEGOTIATIONS OR ARRANGEMENTS BETWEEN THOSE PARTIES. ACCORDINGLY, SUNRISE MAY NOT ACQUIRE MSLS OR ASSUME THESE MANAGEMENT RESPONSIBILITIES FOR REASONS OF WHICH SNH IS NOT AWARE OR WHICH ARE NOT RELATED TO THE DISPUTES AND LAWSUITS BETWEEN SNH AND FIVE STAR ON THE ONE SIDE AND MARRIOTT AND MSLS ON THE OTHER SIDE. DISCOVERY DURING LAWSUITS AND DECISIONS BY COURTS MAY RESULT IN DECISIONS WHICH ARE DIFFERENT THAN THOSE NOW EXPECTED BY SNH. LITIGATION An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. MAY BE EXPENSIVE AND IT CAN HAVE UNEXPECTED RESULTS. INVESTORS ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE UPON FORWARD LOOKING STATEMENTS. |
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