-----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, J/GFHdpIllakfaQ+aQqOIpwhnE5GwFxa1HuvfNS5idzJ18oVhrzCmnj2aq9N7LRc AGmzcJcfXKiiNh3C9zvBsQ== 0001019687-04-000840.txt : 20040419 0001019687-04-000840.hdr.sgml : 20040419 20040419163654 ACCESSION NUMBER: 0001019687-04-000840 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040416 ITEM INFORMATION: Changes in registrant's certifying accountant ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040419 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PERSISTENCE SOFTWARE INC CENTRAL INDEX KEY: 0001084400 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 943138935 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-25857 FILM NUMBER: 04740907 BUSINESS ADDRESS: STREET 1: 1720 SOUTH AMPHLETT BLVD., 3RD FLOOR CITY: SAN MATEO STATE: CA ZIP: 94402 BUSINESS PHONE: 6503417733 MAIL ADDRESS: STREET 1: 1720 S. AMPHLETT BLVD, 3RD FLOOR CITY: SAN MATEO STATE: CA ZIP: 94402 8-K 1 persistence_8k-041904.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 APRIL 16, 2004 Date of Report (Date of earliest event reported) PERSISTENCE SOFTWARE, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 000-25857 94-3138935 (Commission File Number) (I.R.S. Employer Identification No.) 1720 SOUTH AMPHLETT BLVD., THIRD FLOOR SAN MATEO, CALIFORNIA 94402 (Address of principal executive offices, with zip code) (650) 372-3600 (Registrant's telephone number, including area code) ITEM 4. CHANGES IN REGISTRANT'S CERTIFYING ACCOUNTANT. On April 16, 2004, the Board of Directors of Persistence Software, Inc. (the "Company"), decided to dismiss Deloitte & Touche LLP ("D&T") as its independent public accountants effective as of immediately after the filing of its Quarterly Report on Form 10-Q for the period ended March 31, 2004, expected to occur on or before May 15, 2004. The Company's Board of Directors, upon the recommendation of the Audit Committee, authorized the dismissal of D&T and the engagement of another accounting firm on the advice of management that such change will result in substantial cost savings. The reports of D&T on the financial statements for the past two fiscal years (2002 and 2003) contained no adverse opinion or disclaimer of opinion and were not qualified or modified as to uncertainty, audit scope or accounting principle. In connection with its audits for the two most recent fiscal years and through April 16, 2004, there have been no disagreements with D&T on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to the satisfaction of D&T, would have caused it to make reference to the subject matter of such disagreements in connection with its reports, except for a disagreement with management over the recognition of revenue on a sales contract with Cablevision during the first quarter of 2002. Prior to filing its Quarterly Report on Form 10-Q for the period ended March 31, 2002, and after discussions among the Audit Committee of the Board of Directors, management and D&T, management revised its accounting for this contract and the matter was resolved to the satisfaction of D&T. D&T has been authorized to respond fully to the inquiries of any successor accounting firm concerning the subject matter of this disagreement. In addition no reportable events, as defined in Item 304(a)(1)(v) of Regulation S-K, occurred during the Company's two most recent fiscal years and through April 16, 2004. The Company has requested that D&T furnish a letter addressed to the Securities and Exchange Commission stating whether or not it agrees with the above statements. A copy of that letter is filed as an exhibit to this 8-K. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c) Exhibits 16.1 Letter dated April 19, 2004 from Deloitte & Touche LLP to the Securities and Exchange Commission. 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. PERSISTENCE SOFTWARE, INC. Date: April 19, 2004 By: /S/ CHRISTOPHER T KEENE -------------------------------- Christopher T Keene President and Chief Executive Officer EX-16.1 3 persis_8kex16-1.txt EXHIBIT 16.1 April 19, 2004 Securities and Exchange Commission Mail Stop 11-3 450 Fifth Street, N.W. Washington, D.C. 20549 Dear Sirs/Madams: We have read Item 4 of Persistence Software, Inc.'s Form 8-K dated April 16, 2004, and have the following comments: 1. We agree with the statements made in the first sentence of the first paragraph and in the second, third and fourth paragraph. 2. We have no basis on which to agree or disagree with the statements made in the second sentence of the first paragraph. Yours truly, /S/ DELOITTE & TOUCHE LLP San Jose, California -----END PRIVACY-ENHANCED MESSAGE-----