Green Mountain Coffee completes $250 million sale to Lavazza, SEC requests documents

first_imgGreen Mountain Coffee Roasters finally acquires Diedrich Coffee …May 12, 2010 … Green Mountain Coffee Roasters, Inc has announced that it has acquired Diedrich Coffee, Inc. (NASDAQ: DDRX) for $35 per share of common … Green Mountain Coffee ranks #2 on Fortune’s global 100 fastest …Aug 19, 2010 … For the second consecutive year, Green Mountain Coffee Roasters, Inc. (NASDAQ: GMCR), of Waterbury, Vermont, has been ranked on Fortune’s … Green Mountain Coffee declares three-for-one stock split, earnings …Apr 28, 2010 … Green Mountain Coffee Roasters, Inc. (NASDAQ: GMCR) today announced that its Board of Directors has approved a three-for-one stock split to … Green Mountain Coffee Roasters sees sales soar | Vermont Business …Jan 15, 2010 … Green Mountain Coffee Roasters ‘ based in Waterbury ‘ had a fairly …Also purchased this year was Timothy’s World Coffee from Toronto for … Green Mountain Coffee Roasters announces $250 million common stock …Aug 11, 2010 … As a leader in the specialty coffee industry, Green Mountain CoffeeRoasters, Inc. is recognized for its award-winning coffees, … According to a Form 8-K report to the Securities & Exchange Commission Tuesday, Green Mountain Coffee Roasters, Inc completed a sale of 8,566,649 shares of its common stock, par value $0.10 per share, to Luigi Lavazza S.p.A., an Italian corporation, for an aggregate purchase price of $250 million. The Waterbury company employs 1,010 in Vermont and more than 2,000 system-wide. It has been in a buying spree lately on the West Coast and in Canada as its stock price has climbed and sales of Keurig-brand single cup serving systems has taken off. The company reported in the same filing that the SEC had requested certain documents, which GMCR believes is related to ” certain revenue recognition practices and the Company’s relationship with one of its fulfillment vendors.” It declined to comment further on the SEC request, other than to say it was cooperating fully. However, its stock price fell on the news 16 percent to $31.06. Its 52-week high is $37.97 and its 52-week low is $19.85. I was at $31.30 late Thursday. http://investor.gmcr.com/stockquote.cfm(link is external)The sale of the Shares to Lavazza was effected pursuant to the Common Stock Purchase Agreement, dated as of August 10, 2010, by and between the Company and Lavazza. The execution of the SPA was previously reported by the Company in its Current Report on Form 8-K filed by the Company with the Securities and Exchange Commission on August 11, 2010, and the full text of the SPA was filed as Exhibit 10.1 thereto. In connection with the closing of the sale of the Shares, the Company and Lavazza entered into a Registration Rights Agreement, dated as of September 28, 2010 (the ‘RRA’).Pursuant to the terms of the RRA, after the first anniversary of the date of the RRA or the earlier occurrence of specified triggering events, Lavazza will have a demand, Form S-3 registration right with respect to the Shares then held by Lavazza and other Common Stock or other securities convertible into or exchangeable for Common Stock acquired by Lavazza in accordance with the terms of the SPA (collectively, the ‘Registrable Securities’). In addition, after the first anniversary of the date of the RRA, Lavazza will have a piggyback registration right to have the Registrable Securities then held by Lavazza included in a Company-effected registration, other than a registration relating to employee benefit plans or resulting from other specified corporate events. Lavazza’s demand and piggyback registration rights are subject to the limitations and conditions set forth in the RRA, including, with respect to underwritten offerings, customary underwriter cutbacks. The RRA also provides that all expenses (other than underwriting commissions, transfer taxes, fees of Lavazza’s counsel and similar fees and commissions) incurred in connection with any registration that is subject to the exercise of Lavazza’s registration rights will generally be borne by the Company, and contains other customary provisions, including those relating to indemnification.Item 2.02 Results of Operations and Financial Condition.The information in Item 7.01 of this Current Report on Form 8-K is incorporated by reference into this Item 2.02.Item 3.02 Unregistered Sales of Equity Securities.To the extent required by Item 3.02 of Form 8-K, the information contained or incorporated in Item 1.01 of this Form 8-K is incorporated by reference into this Item 3.02. Exemption from registration under the Securities Act of 1933, as amended (the ‘Securities Act’), for the sale of the Shares to Lavazza was based on Section 4(2) of the Securities Act.Item 7.01 Regulation FD Disclosure.In connection with its acquisition of LJVH Holdings, Inc., or Van Houtte, a leading gourmet coffee brand in Canada in the home and office channels, and the marketing of the associated $1.35 billion debt financing, the Company hereby furnishes the following information:Intercompany adjustment correctionIn connection with the preparation of its financial results for its fourth fiscal quarter, the Company’s management discovered an immaterial accounting error relating to the margin percentage it had been using to eliminate the inter-company markup in its K-Cup inventory balance residing at its Keurig business unit. Management discovered that the gross margin percentage used to eliminate the inter-company markup resulted in a lower margin applied to the Keurig ending inventory balance effectively overstating consolidated inventory and understating cost of sales. Management determined that the accounting error arose during fiscal 2007 and analyzed the quantitative impact from that point forward to June 26, 2010.As of June 26, 2010, there is a cumulative $7.6 million overstatement of pre-tax income. Net of tax, the cumulative error resulted in a $4.4 million overstatement of net income or a $0.03 cumulative impact on earnings per share.After evaluating the quantitative and qualitative aspects of the error in accordance with applicable accounting literature, including Staff Accounting Bulletins published by the SEC, the Company, with the participation of the audit committee of the Board of Directors, has determined that the correction in the margin calculation represents a correction of an error in accordance with Accounting Standards Codification 250 Accounting Changes and Error Corrections, that the correction was not material to the fiscal years and the respective quarters ended 2007, 2008 and 2009 and that the Company anticipates that the correction will not be material to fiscal year 2010 and the respective quarters of fiscal 2010. As a result, the Company anticipates the cumulative amount of the accounting correction will be made in the quarter ended September 25, 2010.The Company does not intend to provide further updates regarding the correction of this error or the Company’s results for fiscal year 2010 until its fiscal 2010 fourth quarter earnings release and conference call. Additional details regarding the correction of this error will be provided in the Company’s Annual Report on Form 10-K for the fiscal year ended September 25, 2010.SEC inquiryOn September 20, 2010, the staff of the SEC’s Division of Enforcement informed the Company that it was conducting an inquiry and made a request for a voluntary production of documents and information. Based on the request, the Company believes the focus of the inquiry concerns certain revenue recognition practices and the Company’s relationship with one of its fulfillment vendors. The Company, at the direction of the audit committee of the Company’s board of directors, is cooperating fully with the SEC staff’s inquiry.Note Regarding Forward-Looking StatementsCertain statements contained herein are not based on historical fact and are ‘forward-looking statements’ within the meaning of the applicable securities laws and regulations. Generally, these statements can be identified by the use of words such as ‘anticipate,’ ‘believe,’ ‘could,’ ‘estimate,’ ‘expect,’ ‘feel,’ ‘forecast,’ ‘intend,’ ‘may,’ ‘plan,’ ‘potential,’ ‘project,’ ‘should,’ ‘would,’ and similar expressions intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Owing to the uncertainties inherent in forward-looking statements, actual results could differ materially from those stated here. Factors that could cause actual results to differ materially from those in the forward-looking statements include, but are not limited to, the impact on sales and profitability of consumer sentiment in this difficult economic environment, the Company’s success in efficiently expanding operations and capacity to meet growth, the Company’s success in efficiently and effectively integrating Tully’s, Timothy’s, and Diedrich’s wholesale operations and capacity into its Specialty Coffee business unit, the Company’s success in introducing and producing new product offerings, the ability of lenders to honor their commitments under the Company’s credit facility, competition and other business conditions in the coffee industry and food industry in general, fluctuations in availability and cost of high-quality green coffee, any other increases in costs including fuel, Keurig’s ability to continue to grow and build profits with its roaster partners in the At Home and Away from Home businesses, the Company’s ability to continue to protect and enhance its intellectual property, the Company experiencing product liability, product recall and higher than anticipated rates of warranty expense or sales returns associated with a product quality or safety issue, the impact of the loss of major customers for the Company or reduction in the volume of purchases by major customers, delays in the timing of adding new locations with existing customers, the Company’s level of success in continuing to attract new customers, sales mix variances, weather and special or unusual events, the impact of the inquiry initiated by the SEC and any related or additional governmental investigative or enforcement proceedings, as well as other risks described more fully in the Company’s filings with the SEC. Forward-looking statements reflect management’s analysis as of the date of this Current Report on Form 8-K. The Company does not undertake to revise these statements to reflect subsequent developments, other than in its regular, quarterly earnings releases. Source: GMCR. September 28, 2010Green Mountain Coffee Roasters to acquire Van Houtte for $900 …Sep 14, 2010 … Green Mountain Coffee Roasters, Inc (NASDAQ: GMCR) announced today that it has executed a Share Purchase Agreement pursuant to which GMCR … For more stories on Green Mountain Coffee Roasters, go towww.vermontbiz.comlast_img read more

2006 SUMMIT COVERAGE: Conference poll: 18% of businesses have pandemic plan

first_img The poll also suggested the importance of telecommuting: an 85% majority agreed strongly or somewhat that employees would be reluctant to come to work in a pandemic. The survey was taken in the afternoon, after the attendees had listened to several presentations about the pandemic threat posed by the H5N1 avian flu virus and the potential effects of a pandemic on business. Not surprisingly, the results showed that the companies take the threat of a pandemic seriously. Thirteen percent of the attendees expressed the view that a pandemic is imminent. Another 44% expect one within 2 years, and 38% expect one within 10 years. Feb 15, 2006 (CIDRAP News) – A large majority of about 300 business officials at a conference in Minneapolis believe that an influenza pandemic would significantly affect their business, but only 18% of the companies have completed a preparedness plan, according to a poll taken yesterday. The group evidenced an ambivalent view of the role of government in coping with a flu crisis. A 53% majority said the federal government is definitely not doing enough to prepare the private sector for the threat, while only 3% said the government is doing enough. Eighty-four percent of the respondents said they “definitely” believed that a pandemic would disrupt their supply chains, and 14% called this outcome probable. Forty-five percent were convinced that national borders would be closed during a pandemic; another 30% thought this was somewhat likely. Fifty-nine percent of respondents to the electronic poll said their companies had started working on pandemic preparedness but did not yet have a plan in place. Another 21% said they hadn’t started planning, and 2% said they would rely on their existing crisis management plan. Twenty-three percent said their company perceived the likely impact of a pandemic on its operations as a “crisis,” 40% viewed the impact as serious, and 25% called it important.center_img More than three fourths—76%—of the officials were sure that social unrest would be an “important feature” of a pandemic. Three fourths of the companies agreed that information-technology preparedness, especially having secure remote access to their computer systems, would be a “key issue” for them. Close to two thirds said they were already prepared or somewhat prepared to move employees to remote locations or let them work at home, while 29% said they were not prepared. At the same time, a 73% majority thought government interventions would have a major impact on their business during a pandemic, and nearly as many—68%—thought that impact would be unfavorable. And an overwhelming 92% agreed that developing relationships now with local governments would help them respond to a pandemic. The meeting at the Minneapolis Convention Center drew representatives of more than 200 companies with a total of more than 7.5 million employees and $2.6 trillion in annual revenue. The healthcare sector was the most heavily represented, supplying 22% of the attendees, according to the poll. The retail and wholesale trade, manufacturing, professional services, and financial and insurance sectors each accounted for about 15%. The poll was taken during a national meeting sponsored by the University of Minnesota Center for Infectious Disease Research and Policy, publisher of the CIDRAP web site, and the US and Minnesota Chambers of Commerce. Respondents had 10 seconds to answer each question, and the results were tabulated and reported immediately. Communication was listed as the most important planning area by 52% of the respondents. Smaller groups chose supply chains (28%) and information systems (16%) as most important.last_img read more

Update on the latest sports

first_imgIn other top-25 action Sunday:— Jordan Nwora (WOHR’-uh) had 20 points and 12 rebounds as 11th-ranked Louisville earned its eighth straight home win, 68-52 against Virginia Tech. Ryan McMahon had 10 points and the Cardinals improved to 15-4 in the ACC.— Duane Washington Jr. tied a career high with 20 points and 23rd-ranked Ohio State surged late to beat No. 19 Michigan 77-63. CJ Walker had 15 points, while brothers Andre and Kaleb Wesson each added 14 in the Buckeyes’ third straight win and eighth in 10 games.— Bryce Wills scored 19 points, including a key layup in the final minute of Stanford’s 72-64 victory against No. 21 Colorado. Oscar da Silva added 16 points and Deajon Davis and Tyrell Terry each had 12 in the Cardinals fourth straight win and 20th of the season.— Marcus Sasser scored 21 points and Nate Hinton had 16 in No. 25 Houston’s 68-55 downing of Cincinnati. The Cougars moved back into a tie atop the American Athletic Conference with Tulsa, one game ahead of the Bearcats. Share This StoryFacebookTwitteremailPrintLinkedinRedditNBA-SCHEDULEAntetokounmpo’s 41 points lift BucksUNDATED (AP) — The Milwaukee Bucks had some trouble with the Charlotte Hornets on Sunday before the NBA’s top team extended its latest winning streak to six games. NHL-SCHEDULEFlyers get 6th straight winUNDATED (AP) — The Philadelphia Flyers’ current surge has put them within three points of the first-place Washington Capitals in the NHL’s Metropolitan Division.Derek Grant and Travis Konecny (kah-NEHK’-nee) each had a goal and an assist as the Flyers picked up their sixth straight win, 5-3 over the Rangers in New York. Konecny, Matt Niskanen and Sean Couturier (koo-TOOR’-ee-ay) scored power-play goals and Michael Raffl added a short-handed tally to help Philly sweep the home-and-home series.Carter Hart turned back 23 shots in his fifth consecutive victory and eighth in his last nine starts. — The Clippers ran their winning streak to four games as Kawhi (kah-WY’) Leonard scored 30 points and Paul George chipped in 24 in a 136-130 victory over the 76ers. Reserves Montrezl (MAHN’-trehz) Harrell and Lou Williams also had 24 points for the Clippers, who took control by outscoring Philadelphia, 38-24 in the third quarter. Shake Milton led the Sixers with 39 points, including seven 3-pointers.— Kristaps Porzingis (KRIHS’-tahps pohr-ZIHN’-gihs) tied a season high with 38 points and grabbed 13 rebounds in leading the Mavericks to a 111-91 thumping of the Timberwolves. Seth Curry finished with 27 points and Tim Hardaway Jr. added 19 as Dallas won for the third time in four games. Mavs guard Luka Doncic (DAHN’-chich) was held out of the game with a sprained thumb that could prevent him from playing Monday at Chicago.— De’Aaron Fox scored 11 of his 23 points in the fourth quarter of the Kings’ fourth win in five games since the All-Star break, 106-100 against the Pistons. Buddy Hield (heeld) furnished 19 points for Sacramento, which stormed back after falling behind, 18-1. The Kings are three games from a Western Conference playoff spot.— Bradley Beal’s 34 points, eight assists and season-best five steals sent the Wizards to their first win at Golden State in six years, 123-110. Beal has scored at least 25 points in a franchise-record 18 straight games. He scored 20 in the initial 8:51 of the game and had 27 by intermission, making six of his seven 3-pointers in the first half.T25 MEN’S BASKETBALL-SCHEDULE March 2, 2020 Associated Press St. John’s hits 14 3s to stop No. 10 CreightonUNDATED (AP) — Creighton has become the fifth top-10 team to lose since Monday.Greg Williams Jr. poured in a career-high 21 points on seven 3-pointers as St. John’s stunned the 10th-ranked Bluejays, 91-71. Rasheem Dunn had 19 points, 10 assists and six rebounds for the Red Storm, who stopped a three-game skid.St. John’s entered the game as one of the worst 3-point shooting teams before going a season-best 14 of 22 from long range in its biggest victory under first-year coach Mike Anderson.Damien Jefferson equaled a career best with 20 points for the Bluejays, who had won five straight and nine of 10. Bowman gets second Cup winFONTANA, Calif. (AP) — Alex Bowman has raced to his second career NASCAR Cup Series victory by holding off Kyle and Kurt Busch to win at Auto Club Speedway.Bowman led 110 laps and kept his Hendrick Motorsports Chevrolet in front after the final pit stops for a comfortable win. The 26-year-old Arizonan grew up racing almost weekly in nearby Pomona.Defending Fontana champion Kyle Busch was 8.9 seconds behind in second place in his Joe Gibbs Racing Toyota. His older brother Kurt was third, and Bowman teammate Chase Elliott came in fourth.Six-time Fontana champion Jimmie Johnson finished seventh after running near the front for most of his final race as a full-time driver at the NASCAR track closest to his native El Cajon, California. PGA-HONDA CLASSICIm gets first PGA winPALM BEACH GARDENS, Fla. (AP) — Sungjae Im started fast and finished stronger in the final round of the PGA’s Honda Classic, winning the event by one shot over Mackenzie Hughes and Tommy Fleetwood.Im shot a 4-under 66 on Sunday to earn his first PGA Tour victory in 50 starts. The 21-year-old South Korean finished at 6 under to match the second-highest winning score since the Honda moved to PGA National in 2007.Fleetwood started the day one shot clear of the field and started birdie-birdie to get to 7 under, matching what was the low score in relation to par of the week. Fleetwood is still seeking his first PGA win. The Capitals ended a four-game road losing streak as Alex Ovechkin (oh-VEHCH’-kihn) contributed two goals and an assist in their 4-3 triumph at Minnesota. Richard Panik and Tom Wilson also scored, Evgeny Kuznetsov had two assists, and Braden Holtby stopped 37 shots for his fourth straight victory.The Wild lost for the first time in four games and remain one point behind Nashville, Winnipeg and Arizona for the second wild-card spot in the Western Conference.Elsewhere in the NHL:— The Golden Knights’ eight-game winning streak is over after Anze Kopitar (AHN’-zhay KOH’-pih-tahr) scored twice in the first eight minutes of the Kings’4-1 victory against Vegas. Alex Iafallo (eye-ah-FAH’-loh) scored a power-play goal and had an assist to support Jonathan Quick’s 42-save effort. Shea Theodore had the lone goal for the Knights, who continue to lead the Pacific Division by four points over Edmonton.— Johnny Gaudreau provided a goal and an assist to back Cam Talbot’s 38-save performance in the Flames’ 3-0 shutout of the Panthers. TJ Brodie and Milan Lucic (LOO’-cheech) also scored for the Flames, and Mark Giordano had three assists. Florida has lost a franchise record seven straight home games. Giannis Antetokounmpo (YAH’-nihs an-teh-toh-KOON’-poh) had 41 points, 20 rebounds and six assists to carry the Bucks past the Hornets, 93-85. Charlotte kept it close until the final two minutes, when the Greek Freak hit a baseline jump, grabbed an offensive rebound, hit a pair of free throws and scored on a driving layup with 1:09 remaining to send fans to the exits.Brook Lopez added 16 points and seven rebounds for the Bucks, who’ve won 20 of their last 22 games and improved to a league-best 52-8 on the season.In other NBA action:— LeBron James notched a triple-double of 34 points, 13 assists and 12 rebounds as the Lakers held off Zion Williamson and the Pelicans, 122-114. Kyle Kuzma (KOOZ’-mah) helped make up for the absence of injured forward Anthony Davis by scoring 20 points, including a 3-pointer that put the Lakers up 113-109 with 3:40 to go. Williamson poured in a season-high 35 points but committed six turnovers that helped Los Angeles improve to 46-13.— Nikola Jokic recorded his 12th triple-double of the season with 23 points, 18 rebounds and 11 assists in leading the Nuggets over the short-handed Raptors, 133-118. Jeremi Grant was among eight Denver players to score in double figures, finishing with 16 points as the Nuggets stayed tied with the Los Angeles Clippers for second in the Western Conference. OG Anunoby (an-oo-NOH’-bee) had a team-high 32 points on 12 of 16 shooting for the Raptors, who played without Serge Ibaka (ih-BAH’-kah) and Fred VanVleet for a second straight game. HORSE RACING-SANTA ANITA-FATALITIES9th horse dies at Santa Anita after being hurt in turf raceARCADIA, Calif. (AP) — A ninth horse has died at Santa Anita since late December after being injured in a turf race.Chosen Vessel broke his left front ankle in the $59,000 race on Saturday. He was pulled up by jockey Edwin Maldonado as he approached the far turn in the 1 1/8-mile race.It was the fourth fatality on the track’s turf course and ninth overall since the training and racing season began on Dec. 26. There have been no deaths in races on the main dirt track since the season began. Two deaths have occurred on the dirt during training hours and another three on the training track. — Zach Werenski and Emil Bemstrom notched power-play goals while the Blue Jackets scored four times in the third period to beat the Canucks, 5-3. Werenski, Riley Nash and Kevin Stenlund each had a goal and an assist to help Columbus move three points ahead of Carolina for the second Eastern Conference wild card. Ryan Murray had two assists in his return after missing 34 games to injury.MLB-NEWSYankees’ Judge to have more tests on shoulderUNDATED — New York Yankees star Aaron Judge is scheduled to have additional tests Monday as the team tries to pinpoint the cause of right shoulder soreness.Judge underwent an MRI on Saturday, which was negative. Update on the latest sports The right fielder was shut down from hitting a week before spring training after experiencing soreness while swinging. Judge is having discomfort under the right pectoral muscle near the shoulder.In other MLB news:— Red Sox lefty Chris Sale is back on the mound and pitching to hitters for the first time since last August. Sale faced a couple of minor leaguers in a batting practice session Sunday at spring training. The seven-time All-Star had his season cut short last year because of elbow trouble.— Lance McCullers pitched for the Astros for the first time since undergoing Tommy John surgery after the 2018 season. McCullers started Sunday’s spring training game against St. Louis and threw 16 pitches. He finished up by striking out Cardinals star Paul Goldschmidt with a curveball.NASCAR-FONTANA PGA TOUR CHAMPIONS-COLOGUARD CLASSICLanger rallies for 41st Tour Championship titleTUCSON, Ariz. (AP) — Bernhard Langer took another step closer to the PGA Tour Champions victory record by rallying to take the Cologuard Classic.Langer closed with an 8-under 65 to turn a four-shot deficit into a two-shot win against Woody Austin. Langer made nine birdies in the first 17 holes to seize control in his 41st victory on the 50-and-older circuit.Hale Irwin holds the PGA Tour Champions record with 45 victories, the last one coming in 2007. WORLD CUP-WOMEN’S COMBINEDBrignone wins combined titleLA THUILE, Italy (AP) — Federica Brignone (feh-deh-REE’-kah breen-YOH’-nay) won the Alpine combined World Cup title without clicking into her skis. And the Italian might end up winning the overall and giant slalom globes as well without any further racing this season.Heavy snowfall caused the cancellation of the Alpine combined race on Sunday. That handed the season title to Brignone, who won both combined races that took place this season.Brignone is 153 points ahead of three-time overall champion Mikaela Shiffrin, who remains on a break from racing following the death of her father.last_img read more

Mason City man held on theft, assault charges

first_imgMASON CITY — A Mason City man is facing theft and assault charges after being accused of assaulting a woman and her child and then stealing her vehicle. Law enforcement says 38-year-old Erik Childs assaulted a woman he’d been living with on August 25th, choking her and leaving multiple scratches on her neck. When one of the victim’s children attempted to stop Childs by jumping on his back, Childs allegedly slammed the back of his head into the child’s face, leaving the child with a swollen lump on the right side of the forehead and swelling around the eye. Childs is then accused of taking the woman’s van, saying he was going to destroy it. Childs was recently arrested and charged with second-degree theft, domestic abuse assault causing bodily injury, and assault causing bodily injury. He’s being held on a total of $15,000 bond. Childs is due in court for his preliminary hearing on September 30th.last_img read more