Onyx Acceptance Addresses Class Action Lawsuit
16 February 2000
Onyx Acceptance Addresses Class Action LawsuitFOOTHILL RANCH, Calif., Feb. 14 -- Onyx Acceptance Corporation today reported that the Company and certain of its officers and directors have been named as defendants in a lawsuit filed in the United States District Court for the Central District of California seeking class action status. The lawsuit alleges violations of section 10(b) of the Securities Exchange Act of 1934. Onyx believes the lawsuit has no foundation and is without merit. As required by the Financial Accounting Standards Board's Special Report, "A Guide to Implementation of Statement 125 on Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities, Second Edition," dated December 1998, and related guidance set forth in statements made by the staff of the Securities and Exchange Commission on December 8, 1998, Onyx retroactively changed its practice of measuring and accounting for credit enhancement assets on its securitization transactions to the cash-out method from the cash-in method. As a result, the Company, on January 26, 1999, announced a restatement of its financial statements for the years ended December 31, 1996 and 1997, and for the first three quarters of 1998. "It is unfortunate that Onyx must deal with this unwarranted and baseless litigation," said John W. Hall, President and Chief Executive Officer of Onyx Acceptance Corporation. Onyx Acceptance Corporation is a specialized automobile finance company based in Foothill Ranch, CA. Onyx provides financing to franchised and select independent dealerships throughout the United States. This news release contains forward-looking statements that are subject to certain risks and uncertainties that could cause actual results to differ materially from those projected. The most significant among these risks and uncertainties are (a) the Company's ability to achieve adequate interest rate spreads, (b) the effects of economic factors on consumer debt, and (c) the continued availability of liquidity sources. Other important factors are detailed in the Company's annual report on Form 10-K as amended by Form 10-K/A for the year ended December 31, 1998, and on Form 10-Q for the quarters ended March 31, June 30, and September 30, 1999. For information about Onyx Acceptance Corporation, please visit the Investor Relations section of our web site at http://www.onyxco.com.