-----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, TGijhqdBSxeFd5FPMU00ItI7x/v0AJ5F3y3zi75kMrIneTFKdjQnOu8sxhgCZJO+ 8IDC4yo4wYF1RKUNacowmQ== 0000950136-96-001027.txt : 19961113 0000950136-96-001027.hdr.sgml : 19961113 ACCESSION NUMBER: 0000950136-96-001027 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 19961104 ITEM INFORMATION: Changes in registrant's certifying accountant ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 19961112 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: DONNKENNY INC CENTRAL INDEX KEY: 0000029693 STANDARD INDUSTRIAL CLASSIFICATION: WOMEN'S, MISSES', AND JUNIORS OUTERWEAR [2330] IRS NUMBER: 510228891 STATE OF INCORPORATION: DE FISCAL YEAR END: 1204 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21940 FILM NUMBER: 96658395 BUSINESS ADDRESS: STREET 1: 1411 BROADWAY CITY: NEW YORK STATE: NY ZIP: 10018 BUSINESS PHONE: 5402286181 MAIL ADDRESS: STREET 1: 1411 BROADWAY CITY: NEW YORK STATE: NY ZIP: 10018 8-K 1 FORM 8-K 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): November 4, 1996 DONNKENNY, INC. (Exact Name of Registrant as Specified in its Charter) Delaware 0-21940 51-022889 (State or other (Commission File (IRS Employer jurisdiction of Number) Identification incorporation No.) 1411 Broadway New York, New York 10018 (Address of principal executive offices) Registrant's Telephone Number, including area code: (212) 730-7770 Not Applicable (Former Address, if changed since last report) This Current Report on Form 8-K contains forward-looking statements that involve certain risks and uncertainties. The Company's actual results could differ materially from the results discussed in the forward-looking statements. Item 4. Changes in Registrant's Certifying Accountant. At the close of business on November 4, 1996, KPMG Peat Marwick LLP ("KPMG") orally advised the Company that it is resigning as the Company's auditors. On November 5, 1996, the Company received a letter from KPMG to such effect, which letter is set forth as Exhibit 1 to this Current Report on Form 8-K. KPMG has advised the Company that information has come to its attention that has resulted in a loss of confidence by KPMG in representations made to it by the Company's management, that KPMG had concluded that it would no longer be able to rely on representations of all three members of financial management and that, with respect to the representations of other members of the Company's management, KPMG had concluded that it did not have access to sufficient, credible information to enable it to reach a judgment as to whether it could rely on such representations, or could be associated with financial statements prepared by such management. KPMG has expressed no disagreement with the Company during the two most recent fiscal years and subsequent interim period on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure which disagreements if not resolved to KPMG's satisfaction would - 2 - have caused them to make reference in connection with its reports to the subject matter of disagreement. In addition, KPMG's reports on the Company's financial statements for such fiscal periods contained no adverse opinion or disclaimers of opinion nor were such reports qualified or modified as to uncertainty audit scope or accounting principles. KPMG's letter confirming that there is no such disagreement is attached as Exhibit 2. The Company has engaged Deloitte & Touche LLP as its new independent auditors to audit the Company's financial statements for its new fiscal year ending December 31, 1996, and the related transition period within such fiscal year, as well as its 1994 and 1995 fiscal years. The fiscal 1994 and 1995 financial statements had previously been audited by KPMG. In its current report on Form 8-K dated October 15, 1996, the Company announced that these financial statements should no longer be relied upon. Item 5. Other Events. In connection with the previously announced restatement of the Company's financial statements, the Audit Committee of the Company's Board of Directors retained independent counsel to investigate the circumstances relating thereto. After reviewing the preliminary results of such investigation, the Audit Committee appointed Stuart S. Levy as its new Chief Financial Officer, effective November 4, 1996, and re-assigned its Controller and its Assistant Controller to non-financial operational responsibilities. The Company's former Chief Financial Officer has been placed on a leave of absence. The Company anticipates - 3 - that the restatement of its previously issued financial statements will not have a material adverse effect on its financial position. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. Exhibit No. Description 1 Resignation Letter from KPMG Peat Marwick LLP to the Company, dated November 5, 1996. 2 Letter from KPMG Peat Marwick LLP to the Securities and Exchange Commission, dated November 11, 1996. - 4 - SIGNATURE 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. DONNKENNY, INC. By: /s/ Richard Rubin ------------------------------------ Richard Rubin President Date: November 11, 1996 - 5 - EXHIBIT INDEX Exhibit No. Description 1 Resignation Letter from KPMG Peat Marwick LLP to the Company, dated November 5, 1996. 2 Letter from KPMG Peat Marwick LLP to the Securities and Exchange Commission, dated November 11, 1996. EX-1 2 RESIGNATION LETTER FROM KPMG PEAT MARWICK LLP [Letterhead of KPMG Peat Marwick LLP] November 5, 1996 Mr. Richard Rubin President Donnkenny, Inc. 1411 Broadway New York, New York 10018 BY HAND Dear Mr. Rubin: This is to confirm our advice last evening that the client-auditor relationship between Donnkenny, Inc. and KPMG Peat Marwick LLP has ceased. Very truly yours, /s/ KPMH Peat Marwick LLP KPMG Peat Marwick LLP cc: Chief Accountant Securities and Exchange Commission EX-2 3 LETTER FROM KPMG PEAT MARWICK [Letterhead of KPMG Peat Marwick LLP] November 11, 1996 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Ladies and Gentlemen: We were previously principal accountants for Donnkenny, Inc. and, under date of February 13, 1996, we reported on the consolidated financial statements of Donnkenny, Inc. and subsidiaries as of and for the years ended December 2, 1995 and December 3, 1994. Donnkenny, Inc., with our concurrence, filed a Form 8-K dated October 15, 1996 that, inter alia, stated that these fiscal year 1994 and 1995 financial statements should no longer be relied upon. On November 4, 1996, we resigned. We have read Donnkenny, Inc.'s statements included under Item 4 of its Form 8-K dated November 11, 1996, and we agree with such statements, except that we are not in a position to agree or disagree with Donnkenny, Inc.'s statements that it has engaged successor auditors. Very truly yours, KPMG Peat Marwick LLP -----END PRIVACY-ENHANCED MESSAGE-----