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Oakland, California
June 20, 2001
Bionova Holding
Corporation (Amex: BVA) announced today that it was denied
its appeal to the California Supreme Court in connection with
the shareholder litigation case filed by Grace Brothers, Ltd.
against Bionova Holding Corporation and DNA Plant Technology
Corporation ("DNAP") concerning DNAP preferred stock. The
decision was another setback for Bionova Holding in this ongoing
litigation.
The Grace Brothers, Ltd.'s claims arose out of the merger on
September 26, 1996 of DNAP with a wholly-owned subsidiary of
Bionova Holding. The Grace Brothers, Ltd. had been an owner of
DNAP preferred stock and challenged the treatment of the
preferred stock in the merger. In 1999, the Superior Court
granted summary judgment in favor of Bionova Holding and DNAP on
all claims. However, in January 2001, the California Circuit
Court of Appeal overturned the judgment. Bionova Holding and
DNAP appealed the case to the California Supreme Court, which
recently turned down this appeal. The case has now been remanded
to the Superior Court for further proceedings.
On June 5th Grace Brothers, Ltd. filed a motion for summary
adjudication against DNAP requesting the Superior Court award
damages and interest in the amounts of $4.3 million and $2.1
million, respectively. In addition, Grace Brothers, Ltd. filed
motions requesting the court to issue various protective orders.
Pending a hearing on these motions, DNAP consented to the entry
of a
temporary order restricting DNAP's ability to transfer its
assets until July 7, 2001. The other motions filed by Grace
Brothers, Ltd, including the motion for summary adjudication
against DNAP and a motion to enjoin Bionova Holding Corporation
from completing the transfer of its fresh produce business to
Savia, are scheduled to be heard on July 6, 2001. If Grace
Brothers, Ltd. is ultimately successful and is awarded a
judgment in the millions of dollars, this could have a material
adverse effect on Bionova Holding. Bionova Holding and DNAP
continue to deny any wrongdoing or liability in this matter and
to continue to contest this case vigorously.
Bionova Holding Corporation is a leading biotechnology company
focused on genomics-based trait development for plant
agriculture. Bionova Holding's goal is to deliver crop
protection and human nutrition traits through high-efficiency
gene profiling, bioinformatics, and expertise in plant biology.
Bionova Holding and its affiliates have strategic alliances and
licensing agreements with some of the world's leading
agricultural companies, value-added producers and marketers, and
biotechnology research groups. Bionova Holding Corporation is
majority owned by Mexico's Savia, S.A. de C.V. (NYSE: VAI),
whose subsidiaries include Seminis Vegetables Seeds, Inc., the
largest developer, producer and marketer of vegetable seeds in
the world.
Company news release
N3596
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