iPCS Affiliates File Suit against Sprint Nextel over Virgin Mobile Transaction
14 9월 2009 - 9:00PM
Business Wire
iPCS, Inc. (Nasdaq: IPCS), today announced that on September 10,
2009, a complaint was filed against Sprint Nextel Corp. (NYSE: S)
(“Sprint”) by three of its subsidiaries - iPCS Wireless, Horizon
Personal Communications, Inc. and Bright Personal Communications
Services, LLC (collectively, “the iPCS Affiliates”). The Complaint
was filed in the Circuit Court of Cook County, Illinois. The iPCS
Affiliates assert among other things, that:
- Sprint Nextel’s consummation of
the recently announced transaction with Virgin Mobile USA, Inc.
(NYSE: VM) (“Virgin Mobile”), and its plan to compete against the
iPCS Affiliates in their exclusive territories, will breach the
iPCS Affiliates’ Management Agreements with Sprint (“Agreements”),
under which Sprint or its Related Parties cannot compete against
iPCS Affiliates in their exclusive service areas.
- Currently, Virgin Mobile
operates as a “reseller,” offering wireless products and services
that use the nationwide Sprint network, including the iPCS
Affiliates’ portions of that network in the iPCS Affiliates’
exclusive territories, in accordance with the Agreements. However,
upon completion of Sprint’s acquisition of Virgin Mobile, Sprint
will be selling its own services to the public directly in
competition with the iPCS Affiliates, thus violating those very
same Agreements.
- This is the third time in four
years that Sprint has chosen to compete against the iPCS Affiliates
in violation of Sprint’s obligations under the Agreements. The iPCS
Affiliates have previously obtained judgments against Sprint in
connection with Sprint’s acquisition of Nextel and are currently in
litigation with Sprint over its Clearwire transaction.
The iPCS Affiliates are seeking to enforce the terms of the iPCS
Affiliates’ Agreements with Sprint and are asking the Court for an
injunction to enjoin the closing of the Virgin Mobile transaction
until such transaction complies with the terms of the
Agreements.
For a copy of the Company’s complaint, please see the related
Form 8-K, which will be filed today with the Securities and
Exchange Commission and can be found on www.sec.gov or on the
Company’s website at www.ipcswirelessinc.com.
For a complete summary of the Company’s litigation with Sprint
as it relates to Sprint’s Nextel and Clearwire transactions, please
see the Company’s SEC filings, including its most recent Quarterly
Report on Form 10-Q, which can be found on the Company’s website at
www.ipcswirelessinc.com.
About iPCS, Inc.
iPCS, through its operating subsidiaries, is a Sprint PCS
Affiliate of Sprint Nextel Corporation with the exclusive right to
sell wireless mobility communications network products and services
under the Sprint brand in 81 markets including markets in Illinois,
Michigan, Pennsylvania, Indiana, Iowa, Ohio and Tennessee. The
territory includes key markets such as Grand Rapids (MI), Fort
Wayne (IN), the Tri-Cities region of Tennessee (Johnson City,
Kingsport and Bristol), Scranton (PA), Saginaw-Bay City (MI),
Central Illinois (Peoria, Springfield, Decatur, and Champaign) and
the Quad Cities region of Illinois and Iowa (Bettendorf and
Davenport, IA, and Moline and Rock Island, IL). As of June 30,
2009, iPCS's licensed territory had a total population of
approximately 15.1 million residents, of which its wireless network
covered approximately 12.6 million residents, and iPCS had
approximately 710,200 subscribers. iPCS is headquartered in
Schaumburg, Illinois. For more information, please visit iPCS's
website at www.ipcswirelessinc.com.
“Safe Harbor” Statement under Private Securities Litigation
Reform Act of 1995
Certain statements in this press release that are not historical
facts are "forward-looking statements." Forward-looking statements
generally can be identified by the use of forward-looking
terminology such as "may," "will," "expect," "intend," "estimate,"
"anticipate," "believe" or "continue" or the negative thereof or
variations thereon or similar terminology. The forward looking
statements included in this press release could impact future
events or our future financial condition or performance. These
forward-looking statements inherently involve certain risks and
uncertainties, and are based on our current plans or assessments
that are believed to be reasonable as of the date of this Press
Release. Factors that may cause actual events to differ materially
from those contemplated or anticipated in such forward-looking
statements include, among others: appeals, proceedings or
determinations by any judicial body with results or outcomes that
differ from the rulings of the Courts referenced herein; or any
other adverse results in outstanding litigation matters. Investors
and analysts should not place undue reliance on forward-looking
statements. The forward-looking statements in this document speak
only as of the date of the document and iPCS assumes no obligation
to update the forward-looking statements or to update the reasons
why actual results could differ from those contained in the forward
looking statements.
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