AutoBond Announces Litigation Success
13 March 2000
AutoBond Announces Litigation SuccessAUSTIN, Texas, March 10 On February 8, 1999, AutoBond Acceptance Corporation (OTC Bulletin Board: AUBD) ("AutoBond Acceptance"), AutoBond Master Funding Corporation V, a wholly-owned subsidiary of AutoBond Acceptance ("Master Funding", and collectively with AutoBond Acceptance, "AutoBond"), William O. Winsauer, the Chairman and Chief Executive Officer of AutoBond Acceptance, John S. Winsauer, the Director of Marketing and Secretary of AutoBond Acceptance, and Adrian Katz, the former Vice-Chairman, Chief Operating Officer and Chief Financial Officer of AutoBond Acceptance (collectively, the "Plaintiffs") commenced an action in the District Court of Travis County, Texas (250th Judicial District) against Dynex and James Dolph (collectively, the "Defendants"). The Plaintiffs asserted that Dynex' refusal to fund AutoBond breached the terms of the Credit Agreement, dated June 9, 1998, (the "Credit Agreement"), by and among AutoBond Acceptance, Master Funding and Dynex. The Plaintiffs also claimed that Dynex defamed Plaintiffs subsequent to such refusal. Plaintiffs also alleged that Dynex and Mr. Dolph conspired to misrepresent and mis-characterize AutoBond's credit underwriting criteria and its compliance with such criteria with the intention of interfering with and causing actual damage to AutoBond's business, prospective business and contracts. On March 9, 2000, following a four-week jury trial, the jury returned a verdict in favor of the Plaintiffs. Specifically, the jury found that (a) AutoBond made no material, knowing or reckless misrepresentations to induce Dynex to enter into the June 9, 1998 agreements between the parties, (b) AutoBond did not breach its June 9, 1998 agreements with Dynex prior to Dynex' cessation of funding, and (c) Dynex maliciously or negligently made defamatory statements about AutoBond. Based on these findings, the jury awarded AutoBond $18.7 million in direct lost profits and approximately $50 million in consequential lost profits. AutoBond is a specialty consumer finance company that has been engaged in underwriting, acquiring, servicing, and securitizing retail installment contracts originated primarily by franchised automobile dealers in connection with the sale of used, and to a lesser extent, new vehicles to selected consumers with limited access to traditional sources of credit. AutoBond is located in Austin, Texas and acquires contracts nationwide from dealers in approximately 40 states. AutoBond currently has 6,531,311 common and 1,125,000 preferred shares outstanding. NOTE: This not an offer to buy or sell securities or assets of any kind. Contact: William O. Winsauer of AutoBond Acceptance Corporation, 512-435-7000.