 Qimonda argued that the “faltering company” exemption under WARN applies, which allows the company to fail to give notice where such advance notice may inhibit the company’s ability to find capital or business with which to continue operating.Several class action lawsuits were filed.On February 18, 2009 (two days before filing for bankruptcy), the Richmond Times-Dispatch posted an article stating that QNA CFO Miriam Martinez sent out notices to previously laid-off employees informing them that Qimonda North America and Qimonda Richmond were now not in a financial position to honor its severance agreements to those affected employees from the (previous) 200 mm line closure announced in October 2008.