EFTA01382420Set 10
2012-10-241p770w
mandated
divestitures, the Company assigned leases with respect to 93 store properties to Haggen. On August 14, 2015, Haggen announced that
it intended to close 26 stores (including 18 leased ... close
or sell additional stores in the future. On September 8, 2015, Haggen commenced a case under Chapter 11 of the U.S. Bankruptcy Code
in the United States Bankruptcy Court ... District of Delaware, and on September 14, 2015, Haggen filed a motion in its bankruptcy
case for an order authorizing and approving procedures for the rejection of unexpired leases
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382420.pdf
EFTA01382310Set 10
2015-09-081p699w
acquisition, the FTC required the sale of 111 Albertsons stores and 57 Safeway stores.
Haggen purchased 146 stores in Arizona, California. Nevada, Oregon and Washington; Associated Wholesale Grocers purchased ... first quarter of fiscal 2015 in accordance with the asset purchase agreements.
Haggen has withheld payment of approximately $41 million due for purchased inventory at 38 stores and has announced ... intention to close or sell 27 of the acquired stores. On September 8, 2015, Haggen filed a petition for protection under Chapter 11 of the
U.S. Bankruptcy Code. See "Risks
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382310.pdf
EFTA01382421Set 10
2015-06-291p631w
Company's financial condition, results of
operations, or cash flows.
Action against Haggen: Subsequent to the end of the Company's fiscal 2015 first quarter, on June 29, 2015, counsel ... Haggen
delivered a notice of claims to Albertson's LLC and Albertson's Holdings LLC asserting that those companies had committed fraud and
breached the Asset Purchase Agreement under which ... Haggen purchased 146 divested stores by improperly transferring inventory out of
purchased stores, overstocking and understocking inventory, failing to advertise in the ordinary course of business, misusing confidential
information
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382421.pdf
EFTA01382422Set 10
2015-09-081p750w
Financial Statements (unaudited)
and misleading inventory data and pricing information on products transferred to Haggen, deliberately understocked and overstocked
inventory in stores acquired by Haggen and wrongfully cut off advertising ... prior to the transfer of the stores to Haggen. Furthermore,
Haggen alleged that, if it is destroyed as a competitor, its damages may exceed $1 billion, and asserted ... treble and
punitive damages and to seek rescission of the asset purchase agreement. Haggen has further moved to transfer the lawsuit the
Company commenced in Superior Court of the State
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382422.pdf
EFTA01382343Set 10
2015-08-101p805w
expects to contest the other issues on appeal.
On June 29, 2015, counsel for Haggen delivered a notice of claims to Albertson's LLC and Albertson's Holdings LLC asserting ... that
those companies had committed fraud and breached the Asset Purchase Agreement under which Haggen purchased 146 divested
stores by improperly transferring inventory out of purchased stores, overstocking and understocking ... misusing confidential information and failing to use commercially reasonably efforts to preserve existing
relationships. Haggen made no specific monetary demands, but withheld payment of approximately $41.1 million due for purchased
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382343.pdf