UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Amendment No. 2 on
FORM 8-K/A
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): March 30, 2011
SWISHER HYGIENE INC.
(Exact name of registrant as specified in its charter)
Delaware
(State or Other Jurisdiction of Incorporation)
     
001-35067   27-3819646
     
(Commission File Number)   (I.R.S. Employer Identification No.)
     
4725 Piedmont Row Drive, Suite 400   28210
Charlotte, North Carolina    
     
(Address of Principal Executive Offices)   (Zip Code)
(704) 364-7707
(Registrant’s Telephone Number, Including Area Code)

Not Applicable
(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))
 
 

 


 

Explanatory Note
     Swisher Hygiene Inc. is filing this Amendment No. 2 on Form 8-K/A solely to remove the reference to a request for confidential treatment previously indicated in Exhibit 10.1.

2


 

Item 9.01.   Financial Statements and Exhibits.
(d) Exhibits.
10.1   Credit Agreement among Swisher Hygiene Inc., the lenders named therein and Wells Fargo Bank, National Association, dated March 30, 2011.*
 
10.2   Pledge and Security Agreement by Swisher Hygiene Inc., certain subsidiaries of Swisher Hygiene, Inc. named therein, and Wells Fargo Bank, National Association, dated March 30, 2011. (Portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.)*
 
10.3   Guaranty Agreement by certain subsidiaries of Swisher Hygiene Inc. and Guaranteed Parties named therein, dated March 30, 2011.*
 
99.1   Press release of Swisher Hygiene Inc. dated March 31, 2011.*
 
*   previously filed.

3


 

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.
         
Date: April 20, 2011   SWISHER HYGIENE INC.
 
 
  By:   /s/ Steven R. Berrard    
         Steven R. Berrard   
         President and Chief Executive Officer   

4