8-KOther Events

TE Connectivity plc 8-K Report, Corporate Update (Apr 30, 2008)

Filed April 30, 2008For Securities:TEL

Summary

TE Connectivity Ltd. (formerly Tyco Electronics Ltd.) is reporting on a significant settlement reached with the State of New Jersey concerning a lawsuit filed in 2002. The company, along with Tyco International and Covidien, has agreed to pay $73.25 million to settle claims related to alleged securities and other law violations stemming from the actions of former Tyco International management. This settlement is separate from a previously finalized consolidated securities class action. For TE Connectivity, the financial impact is a net charge of approximately $23 million in the second quarter of fiscal year 2008, as the company has recorded the full settlement liability and a corresponding receivable from its related entities. The settlement payment is expected by June 2, 2008, with TE Connectivity anticipating that Tyco International will handle the primary payment, and TE Connectivity and Covidien will subsequently reimburse Tyco International for their respective shares. This event provides clarity on a legacy legal matter and its financial implications for the company.

Key Highlights

  • 1Tyco International, on behalf of related entities including TE Connectivity, has reached a definitive settlement agreement with the State of New Jersey.
  • 2The settlement resolves a lawsuit filed in 2002 by the State of New Jersey against Tyco International, its auditors, and former officers/directors.
  • 3The total settlement amount is $73.25 million, payable to the plaintiffs in exchange for dismissal of the case and release of claims.
  • 4TE Connectivity, Tyco International, and Covidien are jointly and severally liable for the full settlement amount.
  • 5TE Connectivity recorded a net charge of approximately $23 million in Q2 fiscal 2008 for its portion of the settlement.
  • 6No tax benefit was available for this charge.
  • 7The settlement payment is due on or before June 2, 2008, with the expectation that Tyco International will manage the payment process.

Frequently Asked Questions

The lawsuit, captioned New Jersey v. Tyco International Ltd., et al., was filed in 2002 and alleged violations of federal and state securities and other laws due to unauthorized and improper actions by former Tyco International management.

TE Connectivity is jointly and severally liable for the full $73.25 million settlement. For its fiscal Q2 2008, the company recorded a net charge of approximately $23 million, reflecting its portion of the settlement after accounting for receivables from Tyco International and Covidien.

The settlement payment is due on or before June 2, 2008. TE Connectivity expects that Tyco International will make the full payment to the State of New Jersey, and TE Connectivity and Covidien will concurrently submit their portions to Tyco International.

No, this settlement with the State of New Jersey is separate from the consolidated securities class action settlement which became final in February 2008.