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Satnews Daily
November 6th, 2008

Legal Ruminations... Gilat Satellite Networks...


Gilat Satellite Networks Ltd. (Nasdaq: GILT) has filed lawsuits against each of the parties that had guaranteed the payment of a termination fee under the Merger Agreement that was approved by the Company's shareholders on July 3, 2008. The lawsuits were filed in the Tel Aviv District Court against each of Mivtach Shamir Holdings Ltd., LR Group Ltd., Gores Capital Partners II, L.P, and DGB Investments, Inc., for their pro rata commitment to guarantee the termination fee due to the Company. As has been previously announced, Gilat notified the consortium of buyers that had signed a definitive agreement to purchase the Company that it was terminating the Agreement and Plan of Merger entered into on March 31, 2008, citing the buyer's intentional breach of the merger agreement and failure to close the merger. The definitive agreement provides for a termination fee in the amount of $47.3 million, payable to Gilat, in the event of an intentional breach of the agreement by the Purchasers. The buyers have rejected claims that the payment is due.