-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ACZ9WHkCapJ2RjT2R/eUR83WAtgDzulrDJT1COcmyej+XX+mUtSphxQrEdEzZUab TAkAsgPYx2kXXxuRCRRDLQ== 0000930413-04-004792.txt : 20041015 0000930413-04-004792.hdr.sgml : 20041015 20041015171024 ACCESSION NUMBER: 0000930413-04-004792 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20041012 ITEM INFORMATION: Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20041015 DATE AS OF CHANGE: 20041015 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FRONT PORCH DIGITAL INC CENTRAL INDEX KEY: 0001025707 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-BUSINESS SERVICES, NEC [7389] IRS NUMBER: 860793960 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-32913 FILM NUMBER: 041081655 BUSINESS ADDRESS: STREET 1: 1810 CHAPEL AVE W STREET 2: SUITE 130 CITY: CHERRY HILL STATE: NJ ZIP: 08002 BUSINESS PHONE: 8566333500 MAIL ADDRESS: STREET 1: 1810 CHAPEL AVE W STREET 2: SUITE 130 CITY: CHERRY HILL STATE: NJ ZIP: 08002 FORMER COMPANY: FORMER CONFORMED NAME: EMPIRE COMMUNICATIONS CORP DATE OF NAME CHANGE: 19980327 FORMER COMPANY: FORMER CONFORMED NAME: LITIGATION ECONOMICS INC DATE OF NAME CHANGE: 19961022 8-K 1 c34060_8k.txt 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: OCTOBER 12, 2004 (Date of earliest event reported) FRONT PORCH DIGITAL INC. (Exact name of Registrant as specified in its charter) NEVADA (State or other jurisdiction of incorporation) 333-16031 86-0793960 (Commission File No.) (I.R.S. Employer Identification No.) 1140 PEARL STREET BOULDER, COLORADO 80302 (Address of principal executive offices; zip code) (303) 440-7930 (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 (SEE General Instruction A.2. below): |_| 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 14-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13-4(e) under the Exchange Act (17 CFR 240.13e-4(c)) SECTION 5 - CORPORATE GOVERNANCE AND MANAGEMENT ITEM 5.02 DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF PRINCIPAL OFFICERS (c) Effective October 12, 2004, the registrant appointed Paul McKnight as Chief Financial Officer (and principal financial officer) in place of Matthew Richman, who previously served as the registrant's Chief Financial Officer (and principal financial officer) and Chief Operating Officer (and principal operating officer). Effective October 12, 2004, Mr. Richman was appointed Senior Vice President - Corporate Development of the registrant. Mr. Richman will continue to serve as the registrant's Treasurer. Mr. McKnight has served on the registrant's Board of Directors since August 2002. From August 2002 to January 2003, Mr. McKnight served as the registrant's interim Chief Financial Officer. Since August 2001, Mr. McKnight has been the Chief Financial Officer of ManagedStorage International, Inc. ("MSI"), which was acquired by the registrant on August 18, 2004. From May 2000 to August 2001, Mr. McKnight served as Chief Financial Officer of Equity Pier LLC, a business advisory and venture capital firm. From January 1997 through May 2000, Mr. McKnight was the Chief Operating Officer and Chief Financial Officer of MCI WorldCom Wireless. As of the date of this report, the registrant and Mr. McKnight have not entered into an employment agreement. During the two years prior to the registrant's acquisition of MSI, Mr. McKnight served as Chief Financial Officer of MSI, in which capacity Mr. McKnight was paid a salary of $195,000 per annum. SECTION 8 - OTHER EVENTS ITEM 8.01 OTHER EVENTS. On October 15, 2004, the registrant issued a press release announcing the appointment of Paul McKnight as Chief Financial Officer of the registrant and Matthew Richman as Senior Vice President - Corporate Development of the registrant, each, effective October 12, 2004. A copy of the press release is attached hereto as Exhibit 99.1. SECTION 9 - FINANCIAL STATEMENT AND EXHIBITS ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits. NUMBER DOCUMENTS ------ --------- 99.1 Press release of Front Porch Digital Inc. dated October 15, 2004 announcing the appointment of Paul McKnight as Chief Financial Officer and Matthew Richman as Senior Vice President - Corporate Development. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. FRONT PORCH DIGITAL INC. Date: October 15, 2004 By: /s/THOMAS P. SWEENEY III ------------------------ Thomas P. Sweeney III Chief Executive Officer EX-99.1 2 c34060_ex99-1.txt EXHIBIT 99.1 NEWS RELEASE FOR OCTOBER 15, 2004 Contact: Allen & Caron Inc. Front Porch Digital / Incentra Solutions, Inc. Matt Clawson (investors) Thomas P. Sweeney III, Chairman & CEO matt@allencaron.com tsweeney@incentrasolutions.com ------------------- ------------------------------ Len Hall (financial media) (303) 449-8279 len@allencaron.com (949) 474-4300 FRONT PORCH DIGITAL NAMES PAUL MCKNIGHT CHIEF FINANCIAL OFFICER MATTHEW RICHMAN BECOMES SENIOR VICE PRESIDENT CORPORATE DEVELOPMENT BOULDER, CO, OCTOBER 15, 2004 - Front Porch Digital, Inc. (OTCBB: FPDI), soon to be known as Incentra Solutions, Inc., today announced it has named veteran financial executive, Paul McKnight, 47, Chief Financial Officer, effective immediately. McKnight was formerly Chief Financial Officer of Broomfield, CO-based ManagedStorage International, Inc. (MSI), a wholly-owned subsidiary of the Company, which was acquired in August of this year. He replaces Matthew G. Richman, 34; formerly Chief Financial Officer of Front Porch Digital who has been appointed the Company's Senior Vice President Corporate Development and will continue as the Company's Treasurer. Both McKnight and Richman will report directly to Chairman and CEO Thomas P. Sweeney. "Matt and Paul have done phenomenal jobs for Front Porch and MSI in their respective positions over the last few years," Sweeney said. "We are very fortunate to be able to now dedicate the fulltime efforts and talents of each of them to their new responsibilities. Having Matt focus on strategic development and expansion opportunities and Paul concentrate on the effective management of our financial operations will be very important to building and managing the growth of the Company going forward." McKnight has served on the Company's Board of Directors since August 2002 and was the Company's interim Chief Financial Officer from August 2002 to January 2003. Since August 2001, McKnight served as the Chief Financial Officer of MSI. From May 2000 to August 2001, McKnight was Chief Financial Officer of Boulder, CO-based Equity Pier LLC, a business advisory and venture capital firm. From January 1997 through May 2000, Mr. McKnight was the Chief Operating Officer and Chief Financial Officer of MCI WorldCom Wireless. Mr. Richman has been the Chief Financial Officer of Front Porch since January 2003. From October 2002 to January 2003, Mr. Richman provided consulting services to the Company. From February 2001 to September 2002, Mr. Richman served as Chief Financial Officer of Advanced Data Center, Inc., a datacenter and managed technology services provider. From October 2000 through January 2001, Mr. Richman was Vice President of Finance for TelePlace, Inc., a datacenter/co-location company. From September 1994 through September 2000, Mr. Richman was employed by Deloitte & Touche LLP, where he served in various auditing and consulting roles, most recently as a Manager. ABOUT FRONT PORCH DIGITAL - ------------------------- Front Porch Digital, Inc. (www.fpdigital.com), soon to be known as Incentra Solutions, Inc., is a supplier of storage management products and services to broadcasters, media companies, mid-sized enterprises and IT service providers worldwide. The Front Porch Digital Broadcast and Media Services Division (www.fpdigital.com) is a leader in providing unique software, services and integrated hardware solutions for digital archive management to broadcasters and media companies worldwide. The Company's ManagedStorage International subsidiary (www.msiservice.com) helps organizations control storage management costs by providing outsourced data protection and guaranteed data management services to enterprise and service provider customers across all types of storage systems, both on-site and remotely. FRONT PORCH DIGITAL FORWARD LOOKING STATEMENTS - ---------------------------------------------- THIS NEWS RELEASE CONTAINS FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, WHICH REFLECT FRONT PORCH DIGITAL'S CURRENT VIEWS WITH RESPECT TO FUTURE EVENTS AND FINANCIAL PERFORMANCE. SUCH STATEMENTS ARE SUBJECT TO CERTAIN RISKS AND UNCERTAINTIES THAT COULD CAUSE ACTUAL EVENTS OR RESULTS TO DIFFER MATERIALLY FROM THOSE INDICATED FROM SUCH FORWARD-LOOKING STATEMENTS. THE POTENTIAL RISK FACTORS INCLUDE FRONT PORCH DIGITAL'S LIMITED OPERATING HISTORY AND EXPERIENCE IN THE DATA AND VIDEO DIGITAL CONVERSION BUSINESS, FRONT PORCH DIGITAL'S ABILITY TO ATTRACT SIGNIFICANT ADDITIONAL FINANCING AND INCUR OPERATIONAL LOSSES AND NEGATIVE CASH FLOW, AND RISKS ASSOCIATED WITH EXPANSION. ADDITIONAL RISK FACTORS ARE SET FORTH IN FRONT PORCH DIGITAL'S REPORTS AND DOCUMENTS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. # # # # -----END PRIVACY-ENHANCED MESSAGE-----