Item 8.01 Other Events.
On June 26, 2009, NaviSite, Inc. (the "Company") entered into a settlement
agreement (the "settlement agreement") with La Touraine, Inc. and certain of its
affiliates ("LTI") pursuant to which the Company and certain of its affiliates
and LTI settled all pending litigation by and between the parties, resolved all
claims by and between the parties and signed a full waiver and release of all
claims by and between the parties.
As previously disclosed, on November 26, 2007, LTI commenced an arbitration
against the Company with the American Arbitration Association alleging that
Jupiter Hosting, Inc. ("Jupiter"), an entity the Company acquired in 2007,
breached two agreements with LTI, and fraudulently induced both of those
agreements. LTI contended that the Company was liable for Jupiter's alleged
misconduct, and sought rescission of those contracts and damages. LTI also
claimed that the Company intentionally interfered with the operations of certain
of its websites causing damages. The Company counterclaimed in the arbitration.
Under the settlement agreement, the Company paid $5 million to LTI and agreed to
pay up to approximately $730,000, minus certain fees, that may be recovered from
the existing escrow account between the former stockholders of Jupiter and the
Company. The Company paid the settlement through a combination of cash on hand
and amounts borrowed from its revolving line of credit.
The Company still maintains certain of its claims against the former
stockholders of Jupiter and the Company intends to pursue all legal rights and
remedies against the former stockholders of Jupiter; however, at this time, due
to the inherent uncertainty of litigation, we are not able to predict the
possible outcome of any lawsuit against the former stockholders of Jupiter.
Table of Contents
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
NaviSite, Inc.
Date: June 30, 2009
By: /s/ James W. Pluntze
James W. Pluntze
Chief Financial Officer