Attached files
| file | filename |
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| EX-99.1 - SCO GROUP INC | v163103_ex99-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): October 14, 2009
The SCO
Group, Inc.
(Exact
name of registrant as specified in its charter)
|
Delaware
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0-29911
|
87-0662823
|
|
(State
or other jurisdiction of
incorporation)
|
(Commission
File
Number)
|
(IRS
Employer
Identification
No.)
|
355
South 520 West
Lindon,
Utah 84042
(Address
of principal executive offices, including Zip Code)
Registrant’s
telephone number, including area code: (801) 765-4999
N/A
(Former
name or former address, if changed since last report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
5.02 Departure of Directors or Certain Officers
On October 14, 2009, The SCO Group,
Inc., (“SCO”, “us”, “we”or the “Company”) announced that the Company has
eliminated the Chief Executive Officer and President positions and consequently
terminated Darl McBride. The current management team comprised
of Chief Operating Officer, Jeff Hunsaker, Chief Financial Officer,
Ken Nielsen and General Counsel, Ryan Tibbitts, along with the rest of the
management team will continue to work closely with the Chapter 11 Trustee and
his advisors.
Item
8.01 Other Material Events
SCO also announced a restructuring plan
following an analysis of the company's operations and cost structure undertaken
by Chapter 11 Trustee, Edward Cahn and his advisors. The
Company is also looking to raise additional funding and sell non-core assets to
bolster working capital.
Forward
Looking Statements
The statements contained in this Form
8-K regarding (1) the Company’s plan of reorganization and (2) the Company’s
financing efforts are forward-looking statements and are made under the safe
harbor provisions of the Private Securities Litigation Reform Act of
1995. These statements are based on management’s current expectations
and are subject to risks and uncertainties. We wish to advise readers that a
number of important factors could cause actual results to differ materially from
historical results or those anticipated in such forward-looking statements.
These factors include, but are not limited to, outcomes and developments of our
restructuring plan,outcomes and developments of our Chapter 11 case, court
rulings in our bankruptcy proceedings, the impact of the bankruptcy proceedings
on our other pending litigation, and our cash balances and available cash. These
and other factors that could cause actual results to differ materially from
those anticipated are discussed in more detail in the Company’s periodic and
current filings with the Securities and Exchange Commission, including the
Company’s Form 10-K for the fiscal year ended October 31, 2008, as amended, and
future filings with the SEC. These forward-looking statements speak only as of
the date on which such statements are made, and the Company undertakes no
obligation to update such statements to reflect events or circumstances arising
after such date.
Item
9.01 Financial Statements and Exhibits.
|
(d)
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Exhibits
|
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99.1
|
Press
release issued by The SCO Group, Inc., dated October 16,
2009
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
Dated:
October 19, 2009
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THE
SCO GROUP, INC.
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By:
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/s/ Kenneth R. Nielsen
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Name:
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Kenneth R.
Nielsen
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Title:
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Chief
Financial Officer
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