VANCOUVER, Dec. 7, 2012 /PRNewswire/ - Avcorp Industries Inc. (the "Company" or "Avcorp") reports that it has received notice of a complaint filed by the Cessna Aircraft Company ("Cessna") in the United States District Court ( Kansas) pursuant to which Cessna seeks to vacate the November 16, 2012 arbitration award in favour of the Company. The arbitration panel awarded Avcorp $27.4 million, which, under the terms of the arbitration agreement between Cessna and Avcorp, is a final and binding award. It is the Company's belief and position that the complaint made by Cessna does not satisfy the narrow legal grounds on which the arbitration award could be vacated. The complaint was filed by Cessna on November 26, 2012 and the Company is required to respond within 90 days. The Company intends to vigorously pursue the confirmation of the arbitration award and the dismissal of Cessna's motion to vacate with the U.S. District Court.
Avcorp designs and builds major airframe structures for some of the world's leading aircraft companies, including BAE Systems, Boeing, and Bombardier. With more than 50 years of experience, over 400 skilled employees and 354,000 square feet of facilities in Delta BC and Burlington ON, Avcorp offers integrated composite and metallic aircraft structures to aircraft manufacturers, a distinct advantage in the pursuit of contracts for new aircraft designs, which require lower‐cost, light weight, strong, reliable structures. Our Burlington location also offers composite repairs for commercial aircraft. Avcorp is a Canadian public company traded on the Toronto Stock Exchange (TSX: AVP).
(signed)MARK VAN ROOIJ PRESIDENT and CHIEF EXECUTIVE OFFICER Forward-Looking Statements This management discussion and analysis should be read in conjunction with the Company's audited financial statements. Certain statements in this report and other oral and written statements made by the Company from time to time are forward-looking statements, including those that discuss strategies, goals, outlook or other non-historical matters; or projected revenues, income, returns or other financial measures. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially from those contained in the statements, including the following: (a) the ability of the Company to renegotiate its debt agreements under which it is in default; (b) the extent to which the Company is able to achieve savings from its restructuring plans; (c) uncertainty in estimating the amount and timing of restructuring charges and related costs; (d) changes in worldwide economic and political conditions that impact interest and foreign exchange rates; (e) the occurrence of work stoppages and strikes at key facilities of the Company or the Company's customers or suppliers; (f) government funding and program approvals affecting products being developed or sold under government programs; (g) cost and delivery performance under various program and development contracts; (h) the adequacy of cost estimates for various customer care programs including servicing warranties; (i) the ability to control costs and successful implementation of various cost reduction programs; (j) the timing of certifications of new aircraft products; (k) the occurrence of further downturns in customer markets to which the Company products are sold or supplied or where the Company offers financing; (l) changes in aircraft delivery schedules or cancellation of orders; (m) the Company's ability to offset, through cost reductions, raw material price increases and pricing pressure brought by original equipment manufacturer customers; (n) the availability and cost of insurance; (o) the Company's ability to maintain portfolio credit quality; (p) the Company's access to debt financing at competitive rates; and (q) uncertainty in estimating contingent liabilities and establishing reserves tailored to address such contingencies.
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