-----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, O7ayXy+HF1/e68WSN9P4UGiQlz79hIywC4SMdQUIGmocVlHlqFiOfmIotkOYzQk4 8l6usFaJUhtD4fp/VYMD6g== 0001140361-10-003546.txt : 20100202 0001140361-10-003546.hdr.sgml : 20100202 20100202150724 ACCESSION NUMBER: 0001140361-10-003546 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100131 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers FILED AS OF DATE: 20100202 DATE AS OF CHANGE: 20100202 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PERFORMANCE CAPITAL MANAGEMENT LLC CENTRAL INDEX KEY: 0001221170 STANDARD INDUSTRIAL CLASSIFICATION: FINANCE SERVICES [6199] IRS NUMBER: 030375751 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-50235 FILM NUMBER: 10566613 MAIL ADDRESS: STREET 1: 222 SOUTH HARBOR BLVD SUITE 400 CITY: ANAHELM STATE: CA ZIP: 92805 8-K 1 form8k.htm PERFORMANCE CAPITAL MANAGEMENT, LLC 8K 1-31-2010 form8k.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):            January 31, 2010           


 
Performance Capital Management, LLC
  
 
(Exact name of registrant as specified in its charter)
  


 
California
  
0 – 50235
  
03-0375751
  
 
(State or other Jurisdiction of incorporation)
  
(Commission File Number)
  
(I.R.S. Employer Identification No.)
  


 
7001 Village Drive, Suite 255
      
 
Buena Park, California
  
90621
  
 
(Address of principal executive offices)
  
(Zip Code)
  


Registrant's telephone number, including area code:            (714) 736-3790           


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 5.02.  Departure of Directors or Certain Officers.

Mr. Rodney Woodworth, Mr. Larry Smith, Ms. Larisa Gadd and Mr. David Barnhizer have resigned from the Board of Directors (the “Board”) of Performance Capital Management, LLC (the “Company”) effective January 31, 2010. Mr. Woodworth and Mr. Smith were members of the Company’s Audit Committee and Ms. Gadd was a member of the Compensation Committee. All four resigning Board members have been directors of the Company since February 2002. The resignations were not the result of any disagreement with the Company on any matter relating to the Company's operations, policies or practices. After January 31, 2010, the remaining directors are Mr. Lester Bishop, Mr. Donald Rutherford and Mr. Sandy Lakoff.


FORWARD-LOOKING STATEMENTS

Except for the historical information presented in this document, the matters discussed in this Form 8-K or otherwise incorporated by reference into this document contain “forward-looking statements” (as such term is defined in the Private Securities Litigation Reform Act of 1995). These statements can be identified by the use of forward-looking terminology such as “believes,” “plans,” “expects,” “may,” “will,” “intends,” “should,” “plan,” “assume” or “anticipates” or the negative thereof or other variations thereon or comparable terminology, or by discussions of strategy that involve risks and uncertainties. The safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, as amended, and Section 27A of the Securities Act of 1933, as amended, apply to forward-looking statements made by Performance Capital Management, LLC (the “Company”). You should not place undue reliance on forward-looking statements. Forward-looking statements involve risks and uncertainties. The actual results that we achieve may differ materially from any forward-looking statements due to such risks and uncertainties. These forward-looking statements are based on current expectations, and we assume no obligation to update this information. Readers are urged to carefully review and consider the various disclosures made by the Company in this report on Form 8-K and in the Company’s other reports filed with the Securities and Exchange Commission that attempt to advise interested parties of the risks and factors that may affect our business.

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.


   
PERFORMANCE CAPITAL MANAGEMENT, LLC
  
           
           
February 2, 2010
    
By:
         /s/ David J. Caldwell
  
(Date)
      
    David J. Caldwell
  
       
    Its: Chief Operations Officer
  
 
 
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