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EX-99.1 - EXHIBIT 99.1 - JUNE MONTHLY OPERATING REPORT - TSIC, Inc. | mm07-1910_8ke991mor.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): July 19,
2010
TSIC,
Inc.
(Exact
name of registrant as specified in its charter)
Commission
File Number: 0-15827
DELAWARE
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94-2493558
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(State or
other jurisdiction of
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(IRS
Employer
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incorporation)
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Identification
No.)
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1255
TREAT BLVD, SUITE 300
WALNUT
CREEK, CALIFORNIA 94597
(Address of
principal executive offices, including zip code)
(415)
999-8317
(Registrant’s
telephone number, including area code)
(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:
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
Item
7.01 Regulation FD Disclosure
As
previously disclosed, on February 19, 2008, TSIC, Inc., formerly known as The
Sharper Image Corporation (the “Company”), filed a voluntary petition for relief
under Chapter 11 of Title 11 of the United States Code in the United States
Bankruptcy Court for the District of Delaware (the “Court”) (Case Number
08-10322(KG)).
On July
19, 2010, the Company filed with the Court its monthly operating report for June
2010 (the “Monthly Operating Report”). The Monthly Operating Report
is attached hereto as Exhibit 99.1 and is incorporated herein by
reference. This current report (including the exhibit hereto) will
not be deemed an admission as to the materiality of any information required to
be disclosed solely by Regulation FD.
The
Monthly Operating Report may be available electronically, on the internet
website of the claims agent Kurtzman Carson Consultants, LLC, at
http://www.kccllc.net/.
Limitation
on Incorporation by Reference
In
accordance with General Instruction B.2 of Form 8-K, the information in this
Item 7.01 shall not be deemed “filed” for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise
subject to the liabilities of that section, nor shall such information be deemed
incorporated by reference in any filing under the Securities Act of 1933, as
amended, except as shall be expressly set forth by specific reference in such a
filing.
Cautionary
Statement Regarding Financial and Operating Data
The
Company cautions investors and potential investors not to place undue reliance
upon the information contained in the Monthly Operating Report, which was not
prepared for the purpose of providing the basis for an investment decision
relating to any of the securities of the Company. The Monthly
Operating Report is limited in scope, covers a limited time period, and has been
prepared solely for the purpose of complying with the monthly reporting
requirements of the Court. The Monthly Operating Report was not
audited or reviewed by independent accountants, is in a format prescribed by
applicable bankruptcy laws, and is subject to future adjustment and
reconciliation. There can be no assurance that, from the perspective
of an investor or potential investor in the Company’s securities, the Monthly
Operating Report is complete. The Monthly Operating Report also
contains information for periods which are shorter or otherwise different from
those required in the Company’s reports pursuant to the Exchange Act, and such
information might not be indicative of the Company’s financial condition or
operating results for the period that would be reflected in the Company’s
financial statements or in its reports pursuant to the Exchange
Act. Results set forth in the Monthly Operating Report should not be
viewed as indicative of future results.
Cautionary
Statement Regarding Forward-Looking Statements
This current report on Form 8-K and the
exhibit hereto contain certain statements that may be deemed to be
“forward-looking statements” within the meaning of the Private Securities
Litigation Reform Act of 1995. Such forward-looking statements are based on the
registrant’s current plans, expectations, estimates, and projections about the
specialty retail industry and management’s beliefs about the registrant’s future
performance. Words such as “anticipates,” “expects,” “intends,” “plans,”
“believes,” “seeks,” “estimates” or variations of such words and similar
expressions are intended to identify such forward-looking statements. These
statements are not guarantees of future performance and are subject to risks and
uncertainties that are difficult to predict and which may cause the registrant’s
actual results and performance to differ materially from those expressed or
forecasted in any such forward-looking statements. Some of these risks and
uncertainties are discussed in the registrant’s Annual Report on Form 10-K for
the year ended January 31, 2007 under “Risk Factors.” Other risks that the
registrant faces include, but are not limited to, the following: (i) the
registrant’s ability to obtain court approval with respect to motions in the
Chapter 11 proceeding prosecuted by it from time to time; (ii) the ability of
the registrant to develop, prosecute, confirm and consummate one or more plans
of liquidation with respect to the Chapter 11 case; and (iii) risks associated
with third parties seeking and obtaining court approval for the appointment of a
Chapter 11 trustee or to convert the case to a Chapter 7 case. Unless required
by law, the registrant undertakes no obligation to update publicly any
forward-looking statements. However, readers should carefully review the
statements set forth in the reports, which the registrant files from time to
time with the Securities and Exchange Commission, particularly its Annual Report
on Form 10-K, its Quarterly Reports on Form 10-Q and its Current Reports on Form
8-K.
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Item
9.01 Financial Statements and Exhibits
(d)
Exhibits
Exhibit No.
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Description
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EX-99.1
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Monthly
Operating Report for June 2010, filed with the United States Bankruptcy
Court for the District of Delaware.
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Signature(s)
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.
TSIC,
Inc. (f/k/a The Sharper Image Corporation)
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By:
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/s/ Kevin
Palmer
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Kevin
Palmer
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Vice
President and Controller
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Date: July
19, 2010
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